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‘‘(A) who are beyond the age of compul-
sory school attendance in the State in which the 
institution is located; or 
‘‘(B) who will be dually or concurrently en-
rolled in the institution and a secondary 
school.’’; and 
(2) by striking subsection (c)(2) and inserting 
the following: 
‘‘(2) ADDITIONAL
INSTITUTIONS.—The term 
‘postsecondary vocational institution’ also includes 
an educational institution in any State that, in lieu 
of the requirement in section 101(a)(1), admits as 
regular students individuals— 
‘‘(A) who are beyond the age of compul-
sory school attendance in the State in which the 
institution is located; or 
‘‘(B) who will be dually or concurrently en-
rolled in the institution and a secondary 
school.’’. 
SEC. 102. ADDITIONAL DEFINITIONS. 
(a) AMENDMENT.—Section 103 (20 U.S.C. 1003) is 
amended— 
(1) by adding at the end the following new 
paragraphs:
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‘‘(17) AUTHORIZING COMMITTEES.—The term 
‘authorizing committees’ means the Committee on 
Health, Education, Labor, and Pensions of the Sen-
ate and the Committee on Education and Labor of 
the House of Representatives. 
‘‘(18) CRITICAL FOREIGN LANGUAGE.—Except 
as otherwise provided, the term ‘critical foreign lan-
guage’ means each of the languages contained in the 
list of critical languages designated by the Secretary 
in the Federal Register on August 2, 1985 (50 Fed. 
Reg. 149, 31412; promulgated under the authority 
of section 212(d) of the Education for Economic Se-
curity Act (repealed by section 2303 of the Augustus 
F. Hawkins-Robert T. Stafford Elementary and Sec-
ondary School Improvement Amendments of 1988)); 
as updated by the Secretary from time to time and 
published in the Federal Register, except that in the 
implementation of this definition with respect to a 
specific title, the Secretary may set priorities accord-
ing to the purposes of such title and the national se-
curity, economic competitiveness, and educational 
needs of the United States. 
‘‘(19) DISCONNECTED
STUDENTS.—The term 
‘disconnected students’ means students who are—
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‘‘(A) homeless children and youths, as such 
term is defined in section 725 of the McKinney- 
Vento Homeless Assistance Act (42 U.S.C. 
11434a); 
‘‘(B) orphans, in foster care, or wards of 
the court, or who were in foster care or were 
wards of the court until the students reached 
the age of 16; 
‘‘(C) adjudicated or convicted juveniles, or 
who were adjudicated juveniles until the juve-
niles reached the upper age of juvenile court ju-
risdiction, or who were convicted juveniles who 
completed the sentence for the juvenile convic-
tion prior to reaching the age of majority; or 
‘‘(D) pregnant or parenting youth. 
‘‘(20) DISTANCE EDUCATION.— 
‘‘(A) IN GENERAL.—Except as otherwise 
provided, the term ‘distance education’ means 
education that uses 1 or more of the tech-
nologies described in subparagraph (B)— 
‘‘(i) to deliver instruction to students 
who are separated from the instructor; and 
‘‘(ii) to support regular and sub-
stantive interaction between the students
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and the instructor, synchronously or asyn-
chronously. 
‘‘(B) INCLUSIONS.—For the purposes of 
subparagraph (A), the technologies used may 
include— 
‘‘(i) the Internet; 
‘‘(ii) one-way and two-way trans-
missions through open broadcast, closed 
circuit, cable, microwave, broadband lines, 
fiber optics, satellite, or wireless commu-
nications devices; 
‘‘(iii) audio conferencing; or 
‘‘(iv) video cassette, DVDs, and CD– 
ROMs, if the cassette, DVDs, and CD– 
ROMs are used in a course in conjunction 
with the technologies listed in clauses (i) 
through (iii). 
‘‘(21) HIGH-NEED
SCHOOL.—Except with re-
spect to title II, the term ‘high-need school’ means 
a public or nonprofit private elementary or sec-
ondary school which is in a local educational agency 
which is eligible for assistance pursuant to title I of 
the Elementary and Secondary Education Act of 
1965 in the applicable fiscal year, and which for the 
purpose of this paragraph and for that year was de-
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termined by the Secretary (pursuant to regulations 
and after consultation with the State educational 
agency of the State in which the school is located) 
to be a school in which the enrollment of children 
counted under section 1113(a)(5) of the Elementary 
and Secondary Education Act of 1965 exceeds 30 
percent of the total enrollment of that school. 
‘‘(22) LIMITED
ENGLISH
PROFICIENT.—The 
term ‘limited English proficient’ has the meaning 
given such term in section 9101 of the Elementary 
and Secondary Education Act of 1965. 
‘‘(23) UNIVERSAL
DESIGN.—The term ‘uni-
versal design’ means a concept or philosophy for de-
signing and delivering products and services that are 
usable by people with the widest possible range of 
functional capabilities, which include products and 
services that are directly accessible (without requir-
ing assistive technologies) and products and services 
that are interoperable with assistive technologies. 
‘‘(24) UNIVERSAL
DESIGN
FOR
LEARNING.— 
The term ‘universal design for learning’ means a re-
search-based framework for designing curriculum 
(including goals, methods, materials, and assess-
ments) that—
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‘‘(A) provides curricular flexibility in the 
ways information is presented, in the ways stu-
dents respond or demonstrate knowledge, and 
in the ways students are engaged; and 
‘‘(B) reduces barriers in instruction and 
assessment, provides appropriate supports and 
challenges, and maintains high achievement 
standards for all students, including students 
with disabilities.’’; and 
(2) by reordering paragraphs (1) through (16) 
and the paragraphs added by paragraph (1) of this 
subsection in alphabetical order based on the head-
ings of such paragraphs, and renumbering such 
paragraphs as so reordered. 
(b) CONFORMING
AMENDMENTS.—The Act (20 
U.S.C. 1001 et seq.) is amended— 
(1) 
in 
section 
131(a)(3)(B) 
(20 
U.S.C. 
1015(a)(3)(B)), by striking ‘‘Committee on Labor 
and Human Resources of the Senate and the Com-
mittee on Education and the Workforce of the 
House of Representatives’’ and inserting ‘‘author-
izing committees’’; 
(2) 
in 
section 
141(d)(4)(B) 
(20 
U.S.C. 
1018(d)(4)(B)), by striking ‘‘Committee on Edu-
cation and the Workforce of the House of Rep-
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resentatives and the Committee on Labor and 
Human Resources of the Senate’’ and inserting ‘‘au-
thorizing committees’’; 
(3) 
in 
section 
401(f)(3) 
(20 
U.S.C. 
1070a(f)(3)), by striking ‘‘to the Committee on Ap-
propriations’’ and all that follows through ‘‘House of 
Representatives’’ and inserting ‘‘to the Committee 
on Appropriations of the Senate, the Committee on 
Appropriations of the House of Representatives, and 
the authorizing committees’’; 
(4) in section 428 (20 U.S.C. 1078)— 
(A) in subsection (c)(9)(K), by striking 
‘‘House Committee on Education and the 
Workforce and the Senate Committee on Labor 
and Human Resources’’ and inserting ‘‘author-
izing committees’’; 
(B) in the matter following paragraph (2) 
of subsection (g), by striking ‘‘Committee on 
Labor and Human Resources of the Senate and 
the Committee on Education and the Workforce 
of the House of Representatives’’ and inserting 
‘‘authorizing committees’’; and 
(C) in subsection (n)(4), by striking ‘‘Com-
mittee on Education and the Workforce of the 
House of Representatives and the Committee
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on Labor and Human Resources of the Senate’’ 
and inserting ‘‘authorizing committees’’; 
(5) in section 428A(c) (20 U.S.C. 1078–1(c))— 
(A) in the matter preceding subparagraph 
(A) of paragraph (2), by striking ‘‘Chair-
person’’ and all that follows through ‘‘House of 
Representatives’’ and inserting ‘‘members of the 
authorizing committees’’; 
(B) in paragraph (3), by striking ‘‘Chair-
person’’ and all that follows through ‘‘House of 
Representatives’’ and inserting ‘‘members of the 
authorizing committees’’; and 
(C) in paragraph (5), by striking ‘‘Chair-
person’’ and all that follows through ‘‘House of 
Representatives’’ and inserting ‘‘members of the 
authorizing committees’’; 
(6) in section 432 (20 U.S.C. 1082)— 
(A) in subsection (f)(1)(C), by striking 
‘‘the Committee on Education and the Work-
force of the House of Representatives or the 
Committee on Labor and Human Resources of 
the Senate’’ and inserting ‘‘either of the author-
izing committees’’; and 
(B) in the matter following subparagraph 
(D) of subsection (n)(3), by striking ‘‘Com-
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mittee on Education and the Workforce of the 
House of Representatives and the Committee 
on Labor and Human Resources of the Senate’’ 
and inserting ‘‘authorizing committees’’; 
(7) in section 437(c)(1) (20 U.S.C. 1087(c)(1)), 
by striking ‘‘Committee on Education and the Work-
force of the House of Representatives and the Com-
mittee on Labor and Human Resources of the Sen-
ate’’ and inserting ‘‘authorizing committees’’; 
(8) in section 439 (20 U.S.C. 1087–2)— 
(A) in subsection (d)(1)(E)(iii), by striking 
‘‘advise the Chairman’’ and all that follows 
through ‘‘House of Representatives’’ and insert-
ing ‘‘advise the members of the authorizing 
committees’’; 
(B) in subsection (r)— 
(i) in paragraph (3), by striking ‘‘in-
form the Chairman’’ and all that follows 
through ‘‘House of Representatives,’’ and 
inserting ‘‘inform the members of the au-
thorizing committees’’; 
(ii) in paragraph (5)(B), by striking 
‘‘plan, to the Chairman’’ and all that fol-
lows through ‘‘Education and Labor’’ and
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inserting ‘‘plan, to the members of the au-
thorizing committees’’; 
(iii) in paragraph (6)(B)— 
(I) by striking ‘‘plan, to the 
Chairman’’ 
and 
all 
that 
follows 
through ‘‘House of Representatives’’ 
and inserting ‘‘plan, to the members 
of the authorizing committees’’; and 
(II) by striking ‘‘Chairmen and 
ranking minority members of such 
Committees’’ and inserting ‘‘members 
of the authorizing committees’’; 
(iv) in paragraph (8)(C), by striking 
‘‘implemented to the Chairman’’ and all 
that follows through ‘‘House of Represent-
atives, and’’ and inserting ‘‘implemented to 
the members of the authorizing commit-
tees, and to’’; and 
(v) in the matter preceding subpara-
graph (A) of paragraph (10), by striking 
‘‘days to the Chairman’’ and all that fol-
lows through ‘‘Education and Labor’’ and 
inserting ‘‘days to the members of the au-
thorizing committees’’; and 
(C) in subsection (s)(2)—
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(i) in the matter preceding clause (i) 
of subparagraph (A), by striking ‘‘Treas-
ury and to the Chairman’’ and all that fol-
lows through ‘‘House of Representatives’’ 
and inserting ‘‘Treasury and to the mem-
bers of the authorizing committees’’; and 
(ii) in subparagraph (B), by striking 
‘‘Treasury and to the Chairman’’ and all 
that follows through ‘‘House of Represent-
atives’’ and inserting ‘‘Treasury and to the 
members of the authorizing committees’’; 
(9) 
in 
section 
455(b)(8)(B) 
(20 
U.S.C. 
1087e(b)(8)(B)), by striking ‘‘Committee on Labor 
and Human Resources of the Senate and the Com-
mittee on Education and the Workforce of the 
House of Representatives’’ and inserting ‘‘author-
izing committees’’; 
(10) in section 482(d) (20 U.S.C. 1089(d)), by 
striking ‘‘Committee on Labor and Human Re-
sources of the Senate and the Committee on Edu-
cation and Labor of the House of Representatives’’ 
and inserting ‘‘authorizing committees’’; 
(11) in section 483(c) (20 U.S.C. 1090(c)), by 
striking ‘‘Committee on Labor and Human Re-
sources of the Senate and the Committee on Edu-
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cation and the Workforce of the House of Rep-
resentatives’’ and inserting ‘‘authorizing commit-
tees’’; 
(12) in section 485 (20 U.S.C. 1092)— 
(A) in subsection (f)(5)(A), by striking 
‘‘Committee on Education and the Workforce of 
the House of Representatives and the Com-
mittee on Labor and Human Resources of the 
Senate’’ and inserting ‘‘authorizing commit-
tees’’; and 
(B) in subsection (g)(4)(B), by striking 
‘‘Committee on Education and the Workforce of 
the House of Representatives and the Com-
mittee on Labor and Human Resources of the 
Senate’’ and inserting ‘‘authorizing commit-
tees’’; 
(13) in section 486 (20 U.S.C. 1093)— 
(A) in subsection (e), by striking ‘‘Com-
mittee on Labor and Human Resources of the 
Senate and the Committee on Education and 
the Workforce of the House of Representatives’’ 
and inserting ‘‘authorizing committees’’; and 
(B) in subsection (f)(3)— 
(i) in the matter preceding clause (i) 
of subparagraph (A), by striking ‘‘Com-
•HR 4137 EH2S 
mittee on Labor and Human Resources of 
the Senate and the Committee on Edu-
cation and the Workforce of the House of 
Representatives’’ and inserting ‘‘author-
izing committees’’; and 
(ii) in the matter preceding clause (i) 
of subparagraph (B), by striking ‘‘Com-
mittee on Labor and Human Resources of 
the Senate and the Committee on Edu-
cation and the Workforce of the House of 
Representatives’’ and inserting ‘‘author-
izing committees’’; 
(14) 
in 
section 
487A(a)(5) 
(20 
U.S.C. 
1094a(a)(5)), by striking ‘‘Committee on Labor and 
Human Resources of the Senate and the Committee 
on Education and the Workforce of the House of 
Representatives’’ and inserting ‘‘authorizing commit-
tees’’; and 
(15) in section 498B(d) (20 U.S.C. 1099c– 
2(d))— 
(A) in paragraph (1), by striking ‘‘Com-
mittee on Labor and Human Resources of the 
Senate and the Committee on Education and 
the Workforce of the House of Representatives’’ 
and inserting ‘‘authorizing committees’’; and
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(B) in paragraph (2), by striking ‘‘Com-
mittee on Labor and Human Resources of the 
Senate and the Committee on Education and 
the Workforce of the House of Representatives’’ 
and inserting ‘‘authorizing committees’’. 
SEC. 103. TREATMENT OF TERRITORIES AND TERRITORIAL 
STUDENT ASSISTANCE. 
Section 113 (20 U.S.C. 1011b) is amended— 
(1) by striking ‘‘TREATMENT
OF
TERRI-
TORIES
AND
TERRITORIAL
STUDENT
ASSIST-
ANCE’’ in the heading of such section and inserting 
‘‘TERRITORIAL WAIVER AUTHORITY’’; and 
(2) by striking ‘‘(a) WAIVER AUTHORITY.—’’; 
and 
(3) by striking subsection (b). 
SEC. 104. NATIONAL ADVISORY COMMITTEE ON INSTITU-
TIONAL QUALITY AND INTEGRITY. 
(a) AMENDMENT.—Section 114 (20 U.S.C. 1011c) is 
amended to read as follows: 
‘‘SEC. 114. NATIONAL ADVISORY COMMITTEE ON INSTITU-
TIONAL QUALITY AND INTEGRITY. 
‘‘(a) ESTABLISHMENT.—There is established in the 
Department a National Advisory Committee on Institu-
tional Quality and Integrity (in this section referred to as 
the ‘Committee’) to assess the process of accreditation and
•HR 4137 EH2S 
the institutional eligibility and certification of such institu-
tions under title IV. 
‘‘(b) MEMBERSHIP.— 
‘‘(1) IN GENERAL.—The Committee shall have 
18 members, of which— 
‘‘(A) 6 members shall be appointed by the 
Secretary; 
‘‘(B) 6 members shall be appointed by the 
Speaker of the House of Representatives, 3 
members on the recommendation of the major-
ity leader of the House of Representatives, and 
3 members on the recommendation of the mi-
nority leader of the House of Representatives; 
and 
‘‘(C) 6 members shall be appointed by the 
President pro tempore of the Senate, 3 mem-
bers on the recommendation of the majority 
leader of the Senate, and 3 members on the 
recommendation of the minority leader of the 
Senate. 
‘‘(2) QUALIFICATIONS.—Individuals shall be ap-
pointed as members of the Committee— 
‘‘(A) on the basis of the individuals’ experi-
ence, integrity, impartiality, and good judg-
ment;
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‘‘(B) from among individuals who are rep-
resentatives of, or knowledgeable concerning, 
education and training beyond secondary edu-
cation, representing all sectors and types of in-
stitutions of higher education (as defined in sec-
tion 102); and 
‘‘(C) on the basis of the individuals’ tech-
nical qualifications, professional standing, and 
demonstrated knowledge in the fields of accredi-
tation and administration in higher education. 
‘‘(3) TERMS OF MEMBERS.—Except as provided 
in paragraph (5), the term of office of each member 
of the Committee shall be for 6 years, except that 
any member appointed to fill a vacancy occurring 
prior to the expiration of the term for which the 
member’s predecessor was appointed shall be ap-
pointed for the remainder of such term. 
‘‘(4) VACANCY.—A vacancy on the Committee 
shall be filled in the same manner as the original ap-
pointment was made not later than 90 days after 
the vacancy occurs. If a vacancy occurs in a position 
to be filled by the Secretary, the Secretary shall pub-
lish a Federal Register notice soliciting nominations 
for the position not later than 30 days after being 
notified of the vacancy.
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‘‘(5) INITIAL TERMS.—The terms of office for 
the initial members of the Committee shall be— 
‘‘(A) 3 years for members appointed under 
paragraph (1)(A); 
‘‘(B) 4 years for members appointed under 
paragraph (1)(B); and 
‘‘(C) 6 years for members appointed under 
paragraph (1)(C). 
‘‘(6) CHAIRPERSON.—The members of the 
Committee shall select a chairperson from among 
the members. 
‘‘(c) FUNCTIONS.—The Committee shall— 
‘‘(1) advise the Secretary with respect to estab-
lishment and enforcement of the standards of ac-
crediting agencies or associations under subpart 2 of 
part H of title IV; 
‘‘(2) advise the Secretary with respect to the 
recognition of a specific accrediting agency or asso-
ciation; 
‘‘(3) advise the Secretary with respect to the 
preparation and publication of the list of nationally 
recognized accrediting agencies and associations; 
‘‘(4) advise the Secretary with respect to the 
eligibility and certification process for institutions of
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higher education under title IV, together with rec-
ommendations for improvements in such process; 
‘‘(5) advise the Secretary with respect to the re-
lationship between— 
‘‘(A) accreditation of institutions of higher 
education and the certification and eligibility of 
such institutions; and 
‘‘(B) State licensing responsibilities with 
respect to such institutions; 
‘‘(6) take into consideration the complaints, and 
the resolution of such complaints, received by the 
ombudsman described in section 497 when advising 
the Secretary with respect to the recognition of a 
specific accrediting agency or association; and 
‘‘(7) carry out such other advisory functions re-
lating to accreditation and institutional eligibility as 
the Secretary may prescribe by regulation. 
‘‘(d) MEETING PROCEDURES.— 
‘‘(1) SCHEDULE.— 
‘‘(A) BIANNUAL
MEETINGS.—The Com-
mittee shall meet not less often than twice each 
year, at the call of the Chairperson. 
‘‘(B) PUBLICATION OF DATE.—The Com-
mittee shall submit the date and location of 
each meeting in advance to the Secretary, and
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the Secretary shall publish such information in 
the Federal Register not later than 30 days be-
fore the meeting. 
‘‘(2) AGENDA.— 
‘‘(A) ESTABLISHMENT.—The agenda for a 
meeting of the Committee shall be established 
by the Chairperson and shall be submitted to 
the members of the Committee upon notifica-
tion of the meeting. 
‘‘(B) OPPORTUNITY
FOR
PUBLIC
COM-
MENT.—The agenda shall include, at a min-
imum, opportunity for public comment during 
the Committee’s deliberations. 
‘‘(3) FEDERAL
ADVISORY
COMMITTEE
ACT.— 
The provisions of the Federal Advisory Committee 
Act (5 U.S.C. App.) shall apply to the Committee, 
except that section 14 of such Act shall not apply. 
‘‘(e) LIMITATION.—The Committee shall not rec-
ommend denial of an application related to the recognition 
of an accrediting agency or association for any reason 
other than a reason set forth in section 496. 
‘‘(f) REPORT AND NOTICE.— 
‘‘(1) NOTICE.—The Secretary shall annually 
publish in the Federal Register—
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‘‘(A) a list containing, for each member of 
the Committee— 
‘‘(i) the member’s name; 
‘‘(ii) the date of the expiration of the 
member’s term of office; and 
‘‘(iii) the individual described in sub-
section (b)(1) who appointed the member; 
and 
‘‘(B) a solicitation of nominations for each 
expiring term of office on the Committee of a 
member appointed by the Secretary. 
‘‘(2) REPORT.—Not later than September 30 of 
each year, the Committee shall make an annual re-
port to the Secretary, the authorizing committees, 
and the public. The annual report shall contain— 
‘‘(A) a detailed summary of the agenda 
and activities of, and the findings and rec-
ommendations made by, the Committee during 
the preceding fiscal year; 
‘‘(B) a list of the date and location of each 
meeting during the preceding fiscal year; 
‘‘(C) a list of the members of the Com-
mittee and appropriate contact information; 
and
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‘‘(D) a list of the functions of the Com-
mittee, including any additional functions estab-
lished by the Secretary through regulation. 
‘‘(g) TERMINATION.—The Committee shall terminate 
on September 30, 2012.’’. 
(b) EFFECTIVE DATE.—The amendment made by 
subsection (a) shall be effective January 1, 2009. 
SEC. 105. DRUG AND ALCOHOL ABUSE PREVENTION. 
Section 120 (20 U.S.C. 1011i) is amended— 
(1) in subsection (a)(2)— 
(A) in subparagraph (A), by striking 
‘‘and’’ after the semicolon; 
(B) by redesignating subparagraph (B) as 
subparagraph (D); and 
(C) by inserting after subparagraph (A) 
(as amended by subparagraph (A) of this para-
graph) the following: 
‘‘(B) determine the number of drug and al-
cohol-related incidents and fatalities that— 
‘‘(i) occur on the institution’s property 
or as part of any of the institution’s activi-
ties; and 
‘‘(ii) are reported to the institution; 
‘‘(C) determine the number and type of 
sanctions described in paragraph (1)(E) that
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are imposed by the institution as a result of 
drug and alcohol-related incidents and fatalities 
on the institution’s property or as part of any 
of the institution’s activities; and’’; 
(2) in subsection (e)(5), by striking ‘‘1999’’ and 
inserting ‘‘2009’’; and 
(3) by striking subsection (f). 
SEC. 106. PRIOR RIGHTS AND OBLIGATIONS. 
Section 121(a) (20 U.S.C. 1011j(a)) is amended— 
(1) in paragraph (1), by striking ‘‘1999 and for 
each of the 4 succeeding fiscal years’’ and inserting 
‘‘2009 and for each succeeding fiscal year’’; and 
(2) in paragraph (2), by striking ‘‘1999 and for 
each of the 4 succeeding fiscal years’’ and inserting 
‘‘2009 and for each succeeding fiscal year’’. 
SEC. 107. IMPROVED INFORMATION CONCERNING THE FED-
ERAL STUDENT FINANCIAL AID WEBSITE. 
Section 131 (20 U.S.C. 1015) is amended by striking 
subsection (d) and inserting the following: 
‘‘(d) PROMOTION OF THE DEPARTMENT OF EDU-
CATION FEDERAL STUDENT FINANCIAL AID WEBSITE.— 
The Secretary— 
‘‘(1) shall display a link to the Federal student 
financial aid website of the Department of Edu-
•HR 4137 EH2S 
cation in a prominent place on the homepage of the 
Department of Education website; and 
‘‘(2) may use administrative funds available for 
the Department’s operations and expenses for the 
purpose of advertising and promoting the availability 
of the Federal student financial aid website. 
‘‘(e) PROMOTION OF AVAILABILITY OF INFORMATION 
CONCERNING STUDENT FINANCIAL AID PROGRAMS OF 
OTHER DEPARTMENTS AND AGENCIES.— 
‘‘(1) AVAILABILITY
OF
INFORMATION.—Not 
later than 90 days after the Secretary receives the 
information required under paragraph (2), the Sec-
retary shall ensure that the eligibility requirements, 
application procedures, financial terms and condi-
tions, and other relevant information for each non- 
departmental student financial assistance program 
are easily accessible through the Federal student fi-
nancial aid website and are incorporated into the 
search matrix on such website in a manner that per-
mits students and parents to readily identify the 
programs that are appropriate to their needs and eli-
gibility. 
‘‘(2) AGENCY
RESPONSE.—Each Federal de-
partment and agency shall promptly respond to sur-
veys or other requests for the information required
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by paragraph (1), and shall identify for the Sec-
retary any non-departmental student financial as-
sistance program operated, sponsored, or supported 
by such Federal department or agency. 
‘‘(3) DEFINITION.—For purposes of this sub-
section, the term ‘non-departmental student finan-
cial assistance program’ means any grant, loan, 
scholarship, fellowship, or other form of financial aid 
for students pursuing a postsecondary education 
that is— 
‘‘(A) distributed directly to the student or 
to the student’s account at on institution of 
higher education; and 
‘‘(B) operated, sponsored, or supported by 
a Federal department or agency other than the 
Department of Education.’’. 
SEC. 108. STATE COMMITMENT TO AFFORDABLE COLLEGE 
EDUCATION. 
Part C of title I (20 U.S.C. 1015) is amended by 
adding at the end the following new section: 
‘‘SEC. 132. STATE COMMITMENT TO AFFORDABLE COLLEGE 
EDUCATION. 
‘‘(a) MAINTENANCE
OF
EFFORT
REQUIRED.—A 
State shall provide—
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‘‘(1) for public institutions of higher education 
in such State for any academic year beginning on or 
after July 1, 2008, an amount which is equal to or 
greater than the average amount provided for non- 
capital and non-direct research and development ex-
penses or costs by such State to such institutions of 
higher education during the 5 most recent preceding 
academic years for which satisfactory data are avail-
able; and 
‘‘(2) for private institutions of higher education 
in such State for any academic year beginning on or 
after July 1, 2008, an amount which is equal to or 
greater than the average amount provided for stu-
dent financial aid for paying costs associated with 
postsecondary education by such State to such insti-
tutions during the 5 most recent preceding academic 
years for which satisfactory data are available. 
‘‘(b) WAIVER.—The Secretary shall waive the re-
quirements of subsection (a), if the Secretary determines 
that such a waiver would be equitable due to exceptional 
or uncontrollable circumstances, such as a natural disaster 
or a precipitous and unforseen decline in the financial re-
sources of a State or State educational agency, as appro-
priate.
•HR 4137 EH2S 
‘‘(c) VIOLATION OF MAINTENANCE OF EFFORT.— 
Notwithstanding any other provision of law, the Secretary 
shall withhold from any State that violates subsection (a) 
and does not receive a waiver pursuant to subsection (b) 
any amount that would otherwise be available to the State 
under section 415E until such State has made significant 
efforts to correct such violation. 
‘‘(d) RESEARCH INTO COST CONTAINMENT METH-
ODS.—The Secretary is authorized— 
‘‘(1) to identify methods of cost containment 
currently utilized by institutions of higher education 
and systems of such institutions, and research into 
other possible methods of cost containment; 
‘‘(2) to disseminate— 
‘‘(A) the information obtained by such re-
search to such institutions and systems; and 
‘‘(B) other information concerning re-
search that has identified successful methods of 
cost containment; 
‘‘(3) to publicly recognize institutions of higher 
education that are doing an effective job at cost con-
tainment; and 
‘‘(4) to work together with such institutions 
and systems to implement these methods.’’.
•HR 4137 EH2S 
SEC. 109. TRANSPARENCY IN COLLEGE TUITION FOR CON-
SUMERS. 
(a) AMENDMENT TO TITLE I.—Part C of title I (20 
U.S.C. 1015) is amended by adding after section 132 (as 
added by section 108 of this Act) the following new sec-
tion: 
‘‘SEC. 133. TRANSPARENCY IN COLLEGE TUITION FOR CON-
SUMERS. 
‘‘(a) COLLEGE AFFORDABILITY AND TRANSPARENCY 
LISTS.—Effective July 1, 2011, the Secretary shall annu-
ally update and make publicly available on the College 
Navigator website, in a manner that is sortable by State, 
the following lists: 
‘‘(1) A list of the top 5 percent of the institu-
tions in each category (as defined by subsection (b)) 
that have the highest tuition and fees. 
‘‘(2) A list of the top 5 percent of the institu-
tions in each such category that have the lowest tui-
tion and fees. 
‘‘(3) A list of the top 5 percent of the institu-
tions in each such category that have the largest in-
crease, expressed as a percentage change, in their 
tuition and fees over the most recent three year pe-
riod for which satisfactory data is available.
•HR 4137 EH2S 
‘‘(b) CATEGORIES OF INSTITUTIONS.—The following 
categories shall be used in compiling the information in 
subsection (a): 
‘‘(1) 4-year public institutions of higher edu-
cation. 
‘‘(2) 4-year private, nonprofit institutions of 
higher education. 
‘‘(3) 4-year private, for-profit institutions of 
higher education. 
‘‘(4) 2-year public institutions of higher edu-
cation. 
‘‘(5) 2-year private, nonprofit institutions of 
higher education. 
‘‘(6) 2-year private, for-profit institutions of 
higher education. 
‘‘(7) Less than 2-year public institutions of 
higher education. 
‘‘(8) Less than 2-year private, nonprofit institu-
tions of higher education. 
‘‘(9) Less than 2-year private, for-profit institu-
tions of higher education. 
‘‘(10) All types of institutions described in 
paragraphs (1) through (9). 
‘‘(c) INSTITUTION REPORTS.—If an institution of 
higher education appears on the list described in sub-
•HR 4137 EH2S 
section (a)(3), the institution or a representative associa-
tion designated by the institution shall submit to the Sec-
retary the following information: 
‘‘(1) A description of the factors contributing to 
the increase in the institution’s tuition and fees, in-
cluding an identification of the major areas in the 
institution’s budget with the greatest cost increases. 
‘‘(2) If determinations of tuition and fee in-
creases are not within the exclusive control of the in-
stitution, a description of the agency or instrumen-
tality of State government or other entity that par-
ticipates in such determinations, and the authority 
exercised by such agency, instrumentality, or entity. 
‘‘(d) QUALITY
EFFICIENCY
TASK
FORCES.—(1) 
Each institution that is required to submit information by 
subsection (c) shall establish a quality-efficiency task force 
to— 
‘‘(A) review the operations of such institution; 
‘‘(B) analyze institutional operating costs in 
comparison with such costs at other institutions 
within the same category of institutions; 
‘‘(C) identify areas where, in comparison with 
other institutions in such category, the institution 
operates more expensively to produce a similar re-
sult;
•HR 4137 EH2S 
is located, from other States, and from other 
countries. 
‘‘(G) Percentage of enrolled undergraduate 
students at the institution by race and ethnic 
background. 
‘‘(H) Percentage of enrolled undergraduate 
students at the institution registered with the 
office of disability services (or equivalent de-
partment) as students with disabilities. 
‘‘(I) Retention rates for full-time and part- 
time first-time, first-year undergraduate stu-
dents enrolled at the institution. 
‘‘(J) Average time to degree or certificate 
completion for first-time, first-year under-
graduate students enrolled at the institution. 
‘‘(K) Percentage of enrolled undergraduate 
students who graduate within 2 years (in the 
case of 2-year institutions), and 4, 5, and 6 
years (in the case of 2-year and 4-year institu-
tions), including by income category, as defined 
in paragraph (4). 
‘‘(L) Number of students who obtained a 
certificate or an associates, bachelors, masters, 
or doctoral degree at the institution.
•HR 4137 EH2S 
‘‘(M) Undergraduate major areas of study 
with the highest number of degrees awarded. 
‘‘(N) The student-faculty ratio, and num-
ber of full-time, part-time, and adjunct faculty, 
and graduate teaching and research assistants 
with instructional responsibilities, at the institu-
tion. 
‘‘(O) Percentage of faculty at the institu-
tion with the highest degree in their field. 
‘‘(P) Percentage change in total price in 
tuition and fees and the net price for an under-
graduate at the institution in each of the 3 
most recent preceding academic years. 
‘‘(Q) Total average annual cost of tuition 
and fees, room and board, and books and other 
related costs for an undergraduate student en-
rolled at the institution, for— 
‘‘(i) full-time undergraduate students 
living on campus; 
‘‘(ii) full-time undergraduate students 
living off campus; and 
‘‘(iii) in the case of students attending 
a public institution of higher education, 
such costs for in-State and out-of-State 
students living on and off campus.
•HR 4137 EH2S 
‘‘(R) Average annual grant amount (in-
cluding Federal, State, and institutional aid) 
broken down by income category as defined in 
paragraph (4) for a student enrolled at the in-
stitution. 
‘‘(S) Average annual amount of Federal 
student loans, and other loans provided through 
the institution, to undergraduate students en-
rolled at the institution. 
‘‘(T) Total annual grant aid available to 
undergraduate students enrolled at the institu-
tion, from the Federal Government, a State, the 
institution, and other sources. 
‘‘(U) Percentage of undergraduate stu-
dents enrolled at the institution receiving Fed-
eral, State, and institutional grants, student 
loans, and any other type of student financial 
assistance provided publicly or through the in-
stitution, such as Federal work-study funds. 
‘‘(V) Number of students receiving Federal 
Pell Grants at the institution. 
‘‘(W) Average net price of the institution 
calculated for each income category, as defined 
in paragraph (4), for each of the 3 most recent 
preceding academic years.
•HR 4137 EH2S 
‘‘(X) 
Percentage 
of 
first-year 
under-
graduate students enrolled at the institution 
who live on campus and off campus. 
‘‘(Y) The institution’s cohort default rate, 
as defined under section 435(m). 
‘‘(Z) Information on the policies of the in-
stitution related to transfer of credit from other 
institutions. 
‘‘(AA) Information on campus safety re-
quired to be collected under section 485(f). 
‘‘(BB) Links to the appropriate sections of 
the institution’s website that provide informa-
tion on student activities offered by the institu-
tion, such as intercollegiate sports, student or-
ganizations, study abroad opportunities, intra-
mural and club sports, specialized housing op-
tions, community service opportunities, cultural 
and arts opportunities on campus, religious and 
spiritual life on campus, and lectures and out-
side learning opportunities. 
‘‘(CC) Links to the appropriate sections of 
the institution’s website that provide informa-
tion on services offered by the institution to 
students during and after college, such as in-
•HR 4137 EH2S 
ternship opportunities, career and placement 
services, and preparation for further education. 
‘‘(2) DATA COLLECTION.—The Commissioner of 
Education Statistics shall continue to redesign the 
relevant parts of the Integrated Postsecondary Edu-
cation Data System to include additional data as re-
quired by this subsection and to continue to improve 
the usefulness and timeliness of data collected by 
such System in order to inform consumers about in-
stitutions of higher education. 
‘‘(3) HIGHER
EDUCATION
PRICING
SUMMARY 
PAGE.—The Secretary shall make publicly available 
on an annual basis, in a sortable and searchable 
electronic format on the College Navigator website, 
a list of all institutions of higher education partici-
pating in aid programs under title IV of this Act 
that includes for each such institution: 
‘‘(A) The undergraduate tuition and fees 
for the upcoming academic year. 
‘‘(B) The average annual net price by in-
come category, as defined in paragraph (4), 
over the 3 most recent preceding academic 
years. 
‘‘(C) The average annual percentage 
change and dollar change in such institution’s
•HR 4137 EH2S 
tuition and fees over the 3 most recent pre-
ceding academic years. 
‘‘(D) The average annual percentage 
change and dollar change in such institution’s 
per student instructional spending over the 3 
most recent preceding academic years. 
‘‘(E) The difference between the average 
annual percentage change in such institution’s 
tuition and fees over the 3 most recent pre-
ceding academic years and the postsecondary 
education price indices, as defined in subsection 
(i). 
‘‘(F) A link to the institution information 
on the College Navigator website, as detailed in 
paragraph (1). 
‘‘(4) INCOME CATEGORIES.— 
‘‘(A) IN GENERAL.—For purposes of re-
porting the information required under this 
subsection and compiling information for the 
net price calculator, the following income cat-
egories shall apply: 
‘‘(i) $0–35,000; 
‘‘(ii) $35,001–70,000; 
‘‘(iii) $70,001–105,000; 
‘‘(iv) $105,001–140,000; and
•HR 4137 EH2S 
‘‘(v) $140,000 and up. 
‘‘(B) ANNUAL
ADJUSTMENT.—The Sec-
retary shall make available to all institutions of 
higher education participating in an aid pro-
gram under title IV of this Act, on an annual 
basis, the annual inflation adjustment for the 
income categories set forth in subparagraph 
(A). 
‘‘(C) IMPRACTICABLE REPORTING EXEMP-
TION.—An institution that is required by this 
subsection to report any information pertaining 
to institutional aid by income category is not 
required to report such information to the ex-
tent that reporting such information by income 
category is impractical or impossible because in-
formation concerning income is not collected 
from the recipients of such institutional aid. 
‘‘(k) STUDENT AID RECIPIENT SURVEY.— 
‘‘(1) SURVEY REQUIRED.—The Secretary shall 
conduct a survey of student aid recipients under title 
IV on a regular cycle and State-by-State basis, but 
not less than once every 4 years— 
‘‘(A) to identify the population of students 
receiving Federal student aid;
•HR 4137 EH2S 
‘‘(B) to describe the income distribution 
and other socioeconomic characteristics of fed-
erally aided students; 
‘‘(C) to describe the combinations of aid 
from State, Federal, and private sources re-
ceived by students from all income groups; 
‘‘(D) to describe the debt burden of edu-
cational loan recipients and their capacity to 
repay their education debts, and the impact of 
such debt burden on career choices; 
‘‘(E) to describe the role played by the 
price of postsecondary education in the deter-
mination by students of what institution to at-
tend; and 
‘‘(F) to describe how the increased costs of 
textbooks and other instructional materials af-
fects the costs of postsecondary education to 
students. 
‘‘(2) SURVEY
DESIGN.—The survey shall be 
representative of full-time and part-time, under-
graduate, graduate, professional, and current and 
former students in all types of institutions, and de-
signed and administered in consultation with the 
Congress and the postsecondary education commu-
nity.
•HR 4137 EH2S 
‘‘(3) DISSEMINATION.—The Commissioner of 
Education Statistics shall disseminate the informa-
tion resulting from the survey in both printed and 
electronic form. 
‘‘(l) REGULATIONS.—The Secretary is authorized to 
issue such regulations as may be necessary to carry out 
the provisions of this section.’’. 
(b) SENSE OF CONGRESS REGARDING CONSUMER IN-
FORMATION ABOUT INSTITUTIONS
OF HIGHER EDU-
CATION.— 
(1) FINDINGS.—Congress finds that— 
(A) the diversity of the American higher 
education systems allows each student to find 
the right ‘‘fit’’ for his or her interests and tal-
ents; 
(B) while the variety of options available is 
one of the great strengths of our system of 
higher education, it can also be overwhelming 
when students and their families begin a college 
search; 
(C) there is a massive amount of informa-
tion available about institutions of higher edu-
cation, but it is often difficult to navigate or is 
scattered among several sources;
•HR 4137 EH2S 
(D) the data collected and available is 
comprehensive; however, there is a need to keep 
consumer needs in mind in packaging the infor-
mation that already exists and presenting the 
information in a simple, consumer-friendly for-
mat; 
(E) in particular, prospective students and 
their families want a succinct overview of com-
mon key information about institutions, with 
easy access to more in-depth institution-specific 
information about campus life and the complete 
college experience; and 
(F) a variety of efforts have been initiated 
by colleges and universities and others to pro-
vide web-based, consumer-friendly information 
geared to prospective students and their fami-
lies. 
(2) SENSE OF CONGRESS.—It is the sense of 
Congress that institutions of higher education should 
participate in efforts to provide concise, easily acces-
sible, on-line consumer information to prospective 
students and families that is consistent across insti-
tutions while permitting opportunities for more in- 
depth exploration of specific institutions.
•HR 4137 EH2S 
SEC. 110. TEXTBOOK INFORMATION. 
Part C of title I (20 U.S.C. 1015) is further amended 
by adding after section 133 (as added by section 109 of 
this Act) the following new section: 
‘‘SEC. 134. TEXTBOOK INFORMATION. 
‘‘(a) PURPOSE AND INTENT.—The purpose of this 
section is to ensure that every student in higher education 
is offered better and more timely access to affordable 
course materials by educating and informing faculty, stu-
dents, administrators, institutions of higher education, 
bookstores, distributors, and publishers on all aspects of 
the selection, purchase, sale, and use of course materials. 
It is the intent of this section— 
‘‘(1) to have all involved parties work together 
to identify ways to decrease the cost of college text-
books and supplemental materials for students while 
protecting the academic freedom of faculty members 
to select high quality course materials for students; 
and 
‘‘(2) to encourage— 
‘‘(A) college textbook publishers and dis-
tributors to work with faculty to promote un-
derstanding of the cost to students of pur-
chasing faculty selected textbooks, including the 
disclosure of prices and bundling practices;
•HR 4137 EH2S 
‘‘(B) college bookstores to work with fac-
ulty to review timelines and processes for order-
ing and stocking course materials, and to dis-
close costs to faculty and students in a timely 
manner; 
‘‘(C) institutions of higher education to im-
plement numerous options to address college 
textbook affordability; 
‘‘(D) institutions of higher education to 
work with student organizations to help stu-
dents understand the factors driving textbook 
costs and available methods and resources to 
mitigate the effects of those costs; and 
‘‘(E) innovation in the development and 
use of course materials (including course mate-
rials utilizing the principles of universal design) 
and technologies that can help students receive 
the full value of their educational investment. 
‘‘(b) DEFINITIONS.—In this section: 
‘‘(1) BUNDLE.—The term ‘bundle’ means one 
or more college textbooks or other supplemental 
learning materials that may be packaged together to 
be sold as course materials for one price. 
‘‘(2) COLLEGE TEXTBOOK.—The term ‘college 
textbook’ means a textbook or a set of textbooks,
•HR 4137 EH2S 
used for, or in conjunction with, a course in postsec-
ondary education at an institution of higher edu-
cation. 
‘‘(3) COURSE
SCHEDULE.—The term ‘course 
schedule’ means a listing of the courses or classes 
offered by an institution of higher education for an 
academic period, as defined by the institution. 
‘‘(4) CUSTOM TEXTBOOK.—The term ‘custom 
textbook’— 
‘‘(A) means a college textbook that is com-
piled at the direction of a faculty member or 
other person or adopting entity in charge of se-
lecting course materials at an institution of 
higher education; and 
‘‘(B) may include, alone or in combination, 
items such as selections from original instructor 
materials, previously copyrighted publisher ma-
terials, copyrighted third-party works, and ele-
ments unique to a specific institution, such as 
commemorative editions. 
‘‘(5) INSTITUTION OF HIGHER EDUCATION.— 
The term ‘institution of higher education’ has the 
meaning given the term in section 102. 
‘‘(6) INTEGRATED TEXTBOOK.—The term ‘inte-
grated textbook’ means a college textbook that is
•HR 4137 EH2S 
combined with materials developed by a third party 
and that, by third-party contractual agreement, may 
not be offered by publishers separately from the col-
lege textbook with which the materials are combined. 
‘‘(7) PUBLISHER.—The term ‘publisher’ means 
a publisher of college textbooks or supplemental ma-
terials involved in or affecting interstate commerce. 
‘‘(8) SUBSTANTIAL CONTENT.—The term ‘sub-
stantial content’ means parts of a college textbook, 
such as new chapters, additional eras of time, new 
themes, or new subject matter. 
‘‘(9) SUPPLEMENTAL
MATERIAL.—The term 
‘supplemental material’ means educational material 
developed to accompany a college textbook, which— 
‘‘(A) may include printed materials, com-
puter disks, website access, and electronically 
distributed materials; and 
‘‘(B) is not bound by third-party contrac-
tual agreements to be sold in an integrated 
textbook. 
‘‘(c) PUBLISHER REQUIREMENTS.— 
‘‘(1) COLLEGE
TEXTBOOK
PRICING
INFORMA-
TION.—When a publisher provides a faculty member 
or other person or adopting entity in charge of se-
lecting course materials at an institution of higher
•HR 4137 EH2S 
education with information regarding a college text-
book or supplemental material, the publisher shall 
include, with any such information and in writing 
(which may include electronic communications), the 
following: 
‘‘(A) The price at which the publisher 
would make the college textbook or supple-
mental material available to the bookstore on 
the campus of, or otherwise associated with, 
such institution of higher education. 
‘‘(B) The copyright dates of all previous 
editions of such college textbook in the pre-
ceding 10 years, if any. 
‘‘(C) The substantial content revisions 
made between the current edition of the college 
textbook or supplemental material and the pre-
vious edition, if any. 
‘‘(D) Whether the college textbook or sup-
plemental material is available in any other for-
mat, including paperback and unbound, and the 
price at which the publisher would make the 
college textbook or supplemental material in the 
other format available to the bookstore on the 
campus of, or otherwise associated with, such 
institution of higher education.
•HR 4137 EH2S 
‘‘(2) UNBUNDLING
OF
COLLEGE
TEXTBOOKS 
FROM
SUPPLEMENTAL
MATERIALS.—A publisher 
that sells a college textbook and any supplemental 
material accompanying such college textbook as a 
single bundle shall also make available the college 
textbook and each supplemental material as separate 
and unbundled items, each separately priced. 
‘‘(3) CUSTOM TEXTBOOKS.—To the maximum 
extent practicable, publishers shall provide the infor-
mation required under this subsection with respect 
to the development and provision of custom text-
books. 
‘‘(d) PROVISION OF ISBN COLLEGE TEXTBOOK IN-
FORMATION IN COURSE SCHEDULES.— 
‘‘(1) INTERNET COURSE SCHEDULES.—Each in-
stitution of higher education, to the maximum extent 
practicable, shall— 
‘‘(A) disclose the International Standard 
Book Number and retail price information of 
required and recommended textbooks, related 
materials, and supplies for each course listed in 
the institution’s course schedule used for pre- 
registration and registration purposes; 
‘‘(B) if the International Standard Book 
Number is not available for the items listed in
•HR 4137 EH2S 
subparagraph (A), use the author, title, pub-
lisher, and copyright date; and 
‘‘(C) if the institution determines that the 
disclosure of the information described in the 
preceding subparagraphs for a course is not 
practicable for a textbook, related material, or 
supply, then it should so indicate by placing the 
designation ‘To Be Determined’ in lieu of the 
information required under such subpara-
graphs. 
‘‘(2) WRITTEN
COURSE
SCHEDULES.—In the 
case of an institution of higher education that does 
not publish the institution’s course schedule for the 
subsequent academic period on the Internet, the in-
stitution of higher education shall include the infor-
mation required under paragraph (1) in any printed 
version of the institution’s course schedule as it is 
available at the time of the course schedule’s print-
ing. 
‘‘(e) AVAILABILITY OF INFORMATION FOR COLLEGE 
BOOKSTORES.—An institution of higher education shall 
make available, as soon as is practicable, upon the request 
of any college bookstore, the most accurate information 
available regarding—
•HR 4137 EH2S 
‘‘(1) the institution’s course schedule for the 
subsequent academic period; and 
‘‘(2) for each course or class offered by the in-
stitution for the subsequent academic period— 
‘‘(A) the information required by sub-
section (d)(1) for each college textbook or sup-
plemental material required or recommended 
for such course or class; 
‘‘(B) the number of students enrolled in 
such course or class; and 
‘‘(C) the maximum student enrollment for 
such course or class. 
‘‘(f) RULE OF CONSTRUCTION.—Nothing in this sec-
tion shall be construed to supercede the institutional au-
tonomy or academic freedom of instructors involved in the 
selection of college textbooks and classroom materials. 
‘‘(g) EFFECTIVE DATE.—This section shall be effec-
tive on and after July 1, 2008.’’. 
SEC. 111. DATABASE OF STUDENT INFORMATION PROHIB-
ITED. 
Part C of title I (20 U.S.C. 1015) is further amended 
by adding after section 134 (as added by section 110 of 
this Act) the following new section:
•HR 4137 EH2S 
tion offered by such institution, including the specific 
amounts expended for grants and other aid to reduce the 
amounts charged for tuition, fees, textbooks, meals, room 
and board.’’. 
SEC. 114. STATE HIGHER EDUCATION INFORMATION SYS-
TEM PILOT PROGRAM. 
Part C of title I (20 U.S.C. 1015) is further amended 
by adding after section 135 (as added by section 111 of 
this Act) the following new section: 
‘‘SEC. 138. STATE HIGHER EDUCATION INFORMATION SYS-
TEM PILOT PROGRAM. 
‘‘(a) PURPOSE.—It is the purpose of this section to 
carry out a pilot program to assist not more than 5 States 
to develop State-level postsecondary student data systems 
to— 
‘‘(1) improve the capacity of States and institu-
tions of higher education to generate more com-
prehensive and comparable data, in order to develop 
better-informed educational policy at the State level 
and to evaluate the effectiveness of institutional per-
formance while protecting the confidentiality of stu-
dents’ personally identifiable information; and 
‘‘(2) identify how to best minimize the data-re-
porting burden placed on institutions of higher edu-
cation, particularly smaller institutions, and to maxi-
•HR 4137 EH2S 
mize and improve the information institutions re-
ceive from the data systems, in order to assist insti-
tutions in improving educational practice and post-
secondary outcomes. 
‘‘(b) DEFINITION OF ELIGIBLE ENTITY.—In this sec-
tion, the term ‘eligible entity’ means— 
‘‘(1) a State higher education system; or 
‘‘(2) a consortium of State higher education 
systems, or a consortium of individual institutions of 
higher education, that is broadly representative of 
institutions in different sectors and geographic loca-
tions. 
‘‘(c) COMPETITIVE GRANTS.— 
‘‘(1) GRANTS
AUTHORIZED.—The Secretary 
shall award grants, on a competitive basis, to not 
more than 5 eligible entities to enable the eligible en-
tities to— 
‘‘(A) design, test, and implement postsec-
ondary student data systems that provide the 
maximum benefits to States, institutions of 
higher education, and State policymakers; and 
‘‘(B) examine the costs and burdens in-
volved in implementing a State-level postsec-
ondary student data system.
•HR 4137 EH2S 
‘‘(2) DURATION.—A grant awarded under this 
section shall be for a period of not more than 3 
years. 
‘‘(d) APPLICATION REQUIREMENTS.—An eligible en-
tity desiring a grant under this section shall submit an 
application to the Secretary at such time, in such manner, 
and containing such information as the Secretary deter-
mines is necessary, including a description of— 
‘‘(1) how the eligible entity will ensure that stu-
dent privacy is protected and that individually iden-
tifiable information about students, the students’ 
achievements, and the students’ families remains 
confidential in accordance with the Family Edu-
cational Rights and Privacy Act of 1974 (20 U.S.C. 
1232g); and 
‘‘(2) how the activities funded by the grant will 
be supported after the 3-year grant period. 
‘‘(e) USE OF FUNDS.—A grant awarded under this 
section shall be used to— 
‘‘(1) design, develop, and implement the compo-
nents of a comprehensive postsecondary student 
data system with the capacity to transmit student 
information within States; 
‘‘(2) improve the capacity of institutions of 
higher education to analyze and use student data;
•HR 4137 EH2S 
‘‘(3) select and define common data elements, 
data quality, and other elements that will enable the 
data system to— 
‘‘(A) serve the needs of institutions of 
higher education for institutional research and 
improvement; 
‘‘(B) provide students and the students’ 
families with useful information for decision- 
making about postsecondary education; 
‘‘(C) provide State policymakers with im-
proved information to monitor and guide efforts 
to improve student outcomes and success in 
higher education; 
‘‘(4) estimate costs and burdens at the institu-
tional level for reporting to the postsecondary stu-
dent data system; and 
‘‘(5) test the feasibility of protocols and stand-
ards for maintaining data privacy and data access. 
‘‘(f) EVALUATION; REPORTS.—Not later than 6 
months after the end of the projects funded by grants 
awarded under this section, the Secretary shall— 
‘‘(1) conduct a comprehensive evaluation of the 
pilot program authorized by this section; and 
‘‘(2) report the Secretary’s findings, as well as 
recommendations regarding the implementation of
•HR 4137 EH2S 
State-level postsecondary student data systems to 
the authorizing committees. 
‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—There 
are authorized to be appropriated to carry out this section 
such sums as may be necessary for fiscal year 2009 and 
each of the 4 succeeding fiscal years.’’. 
SEC. 115. INSTITUTION AND LENDER REPORTING AND DIS-
CLOSURE REQUIREMENTS. 
Title I (20 U.S.C. 1001 et seq.) is amended by adding 
at the end the following: 
‘‘PART E—LENDER AND INSTITUTION REQUIRE-
MENTS RELATING TO EDUCATIONAL LOANS 
‘‘SEC. 151. DEFINITIONS. 
‘‘In this part: 
‘‘(1) COVERED INSTITUTION.—The term ‘cov-
ered institution’— 
‘‘(A) means any educational institution 
that— 
‘‘(i) offers a postsecondary edu-
cational degree, certificate, or program of 
study (including any institution of higher 
education, as such term is defined in sec-
tion 102); and 
‘‘(ii) receives any Federal funding or 
assistance; and
•HR 4137 EH2S 
‘‘(B) includes an authorized agent of the 
educational institution (including an alumni as-
sociation, booster club, or other organization di-
rectly or indirectly authorized by such institu-
tion) or an employee of such institution. 
‘‘(2) EDUCATIONAL
LOAN.—The term ‘edu-
cational loan’ (except when used as part of the term 
‘private educational loan’) means— 
‘‘(A) any loan made, insured, or guaran-
teed under title IV; or 
‘‘(B) a private educational loan (as defined 
in paragraph (6)). 
‘‘(3) PREFERRED
LENDER
ARRANGEMENT.— 
The term ‘preferred lender arrangement’— 
‘‘(A) means an arrangement or agreement 
between a lender and a covered institution— 
‘‘(i) under which arrangement or 
agreement a lender provides or otherwise 
issues educational loans to the students at-
tending the covered institution or the par-
ents of such students; and 
‘‘(ii) which arrangement or agreement 
relates to the covered institution recom-
mending, promoting, or endorsing the edu-
cational loan product of the lender; and
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‘‘(B) does not include— 
‘‘(i) arrangements or agreements with 
respect to loans under parts D or E of title 
IV; or 
‘‘(ii) arrangements or agreements with 
respect to loans under section 499(b). 
‘‘(4) LENDER.— 
‘‘(A) IN GENERAL.—The term ‘lender’— 
‘‘(i) means a creditor, except that 
such term shall not include an issuer of 
credit secured by a dwelling or under an 
open end credit plan; and 
‘‘(ii) includes an agent of a lender. 
‘‘(B) INCORPORATION
OF
TILA
DEFINI-
TIONS.—The terms ‘creditor’, ‘dwelling’, and 
‘open end credit plan’ have the meanings given 
such terms in section 103 of the Truth in 
Lending Act (15 U.S.C. 1602). 
‘‘(5) OFFICER.—The term ‘officer’ includes a 
director or trustee of a covered institution, if such 
individual is treated as an employee of the covered 
institution. 
‘‘(6) PRIVATE EDUCATIONAL LOAN.—The term 
‘private educational loan’ means a private loan pro-
vided by a lender that—
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‘‘(A) is not made, insured, or guaranteed 
under title IV; and 
‘‘(B) is issued by a lender expressly for 
postsecondary educational expenses to a stu-
dent, or the parent of the student, regardless of 
whether the loan involves enrollment certifi-
cation by the educational institution that the 
student attends. 
‘‘(7) 
POSTSECONDARY
EDUCATIONAL
EX-
PENSES.—The term ‘postsecondary educational ex-
penses’ means any of the expenses that are included 
as part of a student’s cost of attendance, as defined 
under section 472. 
‘‘SEC. 152. REQUIREMENTS FOR LENDERS AND INSTITU-
TIONS PARTICIPATING IN PREFERRED LEND-
ER ARRANGEMENTS. 
‘‘(a) CERTIFICATION BY LENDERS.—In addition to 
any other disclosure required under Federal law, each 
lender under part B of title IV that participates in one 
or more preferred lender arrangements shall annually cer-
tify its compliance with the requirements of this Act. Such 
compliance of such preferred lender arrangement shall be 
reported on and attested to annually by the auditor of 
such lender in the audit conducted pursuant to section 
428(b)(1)(U)(iii).
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‘‘(b) USE OF INSTITUTION NAME.— 
‘‘(1) IN GENERAL.—A covered institution that 
has entered into a preferred lender arrangement 
with a lender regarding private educational loans 
shall not agree to the lender’s use of the name, em-
blem, mascot, or logo of the institution, or other 
words, pictures, or symbols readily identified with 
the institution, in the marketing of private edu-
cational loans to the students attending the institu-
tion in any way that implies that the institution en-
dorses the private educational loans offered by the 
lender. 
‘‘(2) APPLICABILITY.—Paragraph (1) shall 
apply to any preferred lender arrangement, or exten-
sion of such arrangement, entered into or renewed 
after the date of enactment of the College Oppor-
tunity and Affordability Act of 2008. 
‘‘SEC. 153. INTEREST RATE REPORT FOR INSTITUTIONS 
AND 
LENDERS 
PARTICIPATING 
IN 
PRE-
FERRED LENDER ARRANGEMENTS. 
‘‘(a) DUTIES OF THE SECRETARY.— 
‘‘(1) REPORT AND MODEL FORMAT.—Not later 
than 180 days after the date of enactment of the 
College Opportunity and Affordability Act of 2008, 
the Secretary shall—
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‘‘(A) prepare a report on the adequacy of 
the information provided to students and the 
parents of such students about educational 
loans, after consulting with students, represent-
atives of covered institutions (including finan-
cial aid administrators, registrars, and business 
officers), lenders, loan servicers, and guaranty 
agencies; 
‘‘(B) develop and prescribe by regulation a 
model disclosure form to be used by lenders and 
covered institutions in carrying out subsections 
(b) and (c) that— 
‘‘(i) will be easy for students and par-
ents to read and understand; 
‘‘(ii) will be easily usable by lenders, 
institutions, guaranty agencies, and loan 
servicers; 
‘‘(iii) will provide students and par-
ents with the relevant, meaningful, and 
standard information about the terms and 
conditions for both Federal and private 
educational loans; 
‘‘(iv) is based on the report’s findings 
and developed in consultation with— 
‘‘(I) students;
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‘‘(II) representatives of covered 
institutions, including financial aid 
administrators, registrars, business of-
ficers, and student affairs officials; 
‘‘(III) lenders; 
‘‘(IV) loan servicers; 
‘‘(V) guaranty agencies; and 
‘‘(VI) with respect to the require-
ments of clause (vi) concerning pri-
vate educational loans, the Board of 
Governors of the Federal Reserve Sys-
tem; 
‘‘(v) provides information on the ap-
plicable interest rates and other terms and 
conditions of the educational loans pro-
vided by a lender to students attending the 
institution, or the parents of such stu-
dents, disaggregated by each type of edu-
cational loan (including opportunity pools 
as defined in section 155(f)) provided to 
such students or parents by the lender, in-
cluding— 
‘‘(I) the rate of interest, or the 
potential range of rates of interest,