379 
‘‘(i) regular enrollment in courses of-
fered by the institution; 
‘‘(ii) auditing or participating in 
courses offered by the institution for which 
the student does not receive regular aca-
demic credit; 
‘‘(iii) enrollment in noncredit, non-
degree courses; 
‘‘(iv) participation in internships; or 
‘‘(v) a combination of 2 or more of 
the activities described in clauses (i) 
through (iv); 
‘‘(4) be maintaining satisfactory progress in the 
program as determined by the institution, in accord-
ance with standards established by the institution; 
and 
‘‘(5) meet the requirements of paragraphs (3), 
(4), (5), and (6) of subsection (a). 
‘‘(t) DATA ANALYSIS ON ACCESS TO FEDERAL STU-
DENT AID FOR CERTAIN POPULATIONS.— 
‘‘(1) DEVELOPMENT OF THE SYSTEM.—Within 
one year of enactment of the College Opportunity 
and Affordability Act of 2007, the Secretary shall, 
in consultation with the Central Processing System, 
analyze data from the FAFSA containing informa-
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380 
tion regarding the number, characteristics, and cir-
cumstances of students denied federal student aid 
based on a drug conviction while receiving federal 
aid. 
‘‘(2) RESULTS
FROM
ANALYSIS.—The results 
from the analysis of such information shall be made 
available on a continuous basis via the Department 
of Education website and the Digest of Education 
and Statistics. 
‘‘(3) DATA
UPDATING.—The data analyzed 
under this subsection shall be updated at the begin-
ning of the award year and at least one additional 
time during the specific award year. 
‘‘(4) REPORT
TO
CONGRESS.—The Secretary 
shall prepare and submit to the authorizing commit-
tees of the Congress, in each fiscal year, a report de-
scribing the results obtained by the establishment 
and operation of the data system authorized by this 
subsection.’’. 
(b) EFFECTIVE DATE.—The amendments made by 
this section shall take affect on July 1, 2009. 
SEC. 486. ASSESSMENT OF COSTS AND OTHER CHARGES. 
Section 484A(b) (20 U.S.C. 1091a(b)) is amended— 
(1) by striking ‘‘and’’ at the end of paragraph 
(1); 
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381 
(2) by striking the period at the end of para-
graph (2); and 
(3) by adding at the end the following new 
paragraph: 
‘‘(3) in collecting any obligation arising from a 
loan made under part E of this title, an institution 
of higher education that has an agreement with the 
Secretary pursuant to section 463(a) shall not be 
subject to a defense raised by any borrower based on 
a claim of infancy.’’. 
SEC. 487. INSTITUTIONAL AND FINANCIAL ASSISTANCE IN-
FORMATION FOR STUDENTS. 
(a) DISCLOSURE OF POLICIES AND SANCTIONS RE-
LATED
TO
COPYRIGHT
INFRINGEMENT.—Section 
485(a)(1) (20 U.S.C. 1092(a)(1)) is amended— 
(1) by striking ‘‘and’’ at the end of subpara-
graph (N); 
(2) by striking the period at the end of sub-
paragraph (O) and inserting ‘‘: and’’ ; and 
(3) by adding at the end the following new sub-
paragraph: 
‘‘(P) institutional policies and sanctions re-
lated to copyright infringement, including— 
‘‘(i) an annual disclosure that explic-
itly informs students that unauthorized 
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382 
distribution of copyrighted material, in-
cluding unauthorized peer-to-peer file shar-
ing, may subject the students to civil and 
criminal liabilities; 
‘‘(ii) a summary of the penalties for 
violation of Federal copyright laws; 
‘‘(iii) a description of the institution’s 
policies with respect to unauthorized peer- 
to-peer file sharing, including disciplinary 
actions that are taken against students 
who engage in unauthorized distribution of 
copyrighted materials using the institu-
tion’s information technology system; and 
‘‘(iv) a description of actions that the 
institution takes to prevent and detect un-
authorized distribution of copyrighted ma-
terial on the institution’s information tech-
nology system.’’. 
(b) 
CRIMINAL
OFFENSES
REPORTED.—Section 
485(f)(1) (20 U.S.C. 1092(f)(1)) is amended— 
(1) in the matter preceding subparagraph (A), 
by inserting ‘‘, other than a foreign institution of 
higher education,’’ after ‘‘under this title’’; and 
(2) in subparagraph (F)— 
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383 
(A) by striking clause (i) and inserting the 
following: 
‘‘(i) of the following criminal offenses 
reported to campus security authorities or 
local police agencies: 
‘‘(I) murder; 
‘‘(II) sex offenses, forcible or 
nonforcible; 
‘‘(III) robbery; 
‘‘(IV) aggravated assault; 
‘‘(V) intimidation; 
‘‘(VI) burglary; 
‘‘(VII) larceny-theft; 
‘‘(VIII) motor vehicle theft; 
‘‘(IX) destruction, damage, or 
vandalism of property; 
‘‘(X) simple assault; 
‘‘(XI) manslaughter; 
‘‘(XII) arson; and 
‘‘(XIII) arrests or persons re-
ferred for campus disciplinary action 
for liquor law violations, drug-related 
violations, and weapons possession; 
and’’; and 
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384 
(B) in clause (ii), by striking ‘‘of the 
crimes described in subclauses (I) through 
(VIII)’’ and inserting ‘‘for degree-granting in-
stitutions only, of the crimes described in sub-
clauses (I) through (XII)’’. 
(c) DISCLOSURE OF TRANSFER OF CREDIT POLI-
CIES; FIRE SAFETY.—Section 485 (20 U.S.C. 1092) is 
amended by adding at the end the following new sub-
sections: 
‘‘(h) TRANSFER OF CREDIT POLICIES.— 
‘‘(1) DISCLOSURE.—Each institution of higher 
education participating in any program under this 
title shall publicly disclose in a readable and com-
prehensible manner the transfer of credit policies es-
tablished by the institution which shall include a 
statement of the institution’s current transfer of 
credit policies that includes, at a minimum— 
‘‘(A) any established criteria the institution 
uses regarding the transfer of credit earned at 
another institution of higher education; and 
‘‘(B) a list of institutions of higher edu-
cation with which the institution has established 
an articulation agreement. 
‘‘(2) RULE
OF
CONSTRUCTION.—Nothing in 
this subsection shall be construed to— 
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385 
‘‘(A) authorize the Secretary or the Na-
tional Advisory Committee on Institutional 
Quality and Integrity to require particular poli-
cies, procedures, or practices by institutions of 
higher education with respect to transfer of 
credit; 
‘‘(B) authorize an officer or employee of 
the Department to exercise any direction, su-
pervision, or control over the curriculum, pro-
gram of instruction, administration, or per-
sonnel of any institution of higher education, or 
over any accrediting agency or association; 
‘‘(C) limit the application of the General 
Education Provisions Act; or 
‘‘(D) create any legally enforceable right 
on the part of a student to require an institu-
tion of higher education to accept a transfer of 
credit from another institution. 
‘‘(i) DISCLOSURE OF FIRE SAFETY STANDARDS AND 
MEASURES.— 
‘‘(1) ANNUAL FIRE SAFETY REPORTS ON STU-
DENT
HOUSING
REQUIRED.—Each eligible institu-
tion participating in any program under this title 
that maintains on-campus student housing facilities 
shall, on an annual basis, publish a fire safety re-
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386 
port, which shall contain information with respect to 
the campus fire safety practices and standards of 
that institution, including— 
‘‘(A) statistics concerning the following in 
each on-campus student housing facility during 
the most recent calendar years for which data 
are available— 
‘‘(i) the number of fires and the cause 
of each fire; 
‘‘(ii) the number of injuries related to 
a fire that result in treatment at a medical 
facility; 
‘‘(iii) the number of deaths related to 
a fire; and 
‘‘(iv) the value of property damage 
caused by a fire; 
‘‘(B) a description of each on-campus stu-
dent housing facility fire safety system, includ-
ing the fire sprinkler system; 
‘‘(C) the number of regular mandatory su-
pervised fire drills; 
‘‘(D) policies or rules on portable electrical 
appliances, smoking, and open flames (such as 
candles), procedures for evacuation, and policies 
regarding fire safety education and training 
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387 
programs provided to students, faculty, and 
staff; and 
‘‘(E) plans for future improvements in fire 
safety, if determined necessary by such institu-
tion. 
‘‘(2) REPORT TO THE SECRETARY.—Each eligi-
ble institution participating in any program under 
this title shall, on an annual basis submit to the Sec-
retary a copy of the statistics required to be made 
available under subparagraph (A). 
‘‘(3) CURRENT INFORMATION TO CAMPUS COM-
MUNITY.—Each institution participating in any pro-
gram under this title shall— 
‘‘(A) make, keep, and maintain a log, re-
cording all fires in on-campus student housing 
facilities, including the nature, date, time, and 
general location of each fire; and 
‘‘(B) make annual reports to the campus 
community on such fires. 
‘‘(4) RESPONSIBILITIES OF THE SECRETARY.— 
The Secretary shall— 
‘‘(A) make such statistics submitted to the 
Secretary available to the public; and 
‘‘(B) in coordination with nationally recog-
nized fire organizations and representatives of 
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388 
institutions of higher education, representatives 
of associations of institutions of higher edu-
cation, and other organizations that represent 
and house a significant number of students— 
‘‘(i) identify exemplary fire safety 
policies, procedures, programs, and prac-
tices; 
‘‘(ii) disseminate information to the 
Administrator of the United States Fire 
Administration; 
‘‘(iii) make available to the public in-
formation concerning those policies, proce-
dures, programs, and practices that have 
proven effective in the reduction of fires; 
and 
‘‘(iv) develop a protocol for institu-
tions to review the status of their fire safe-
ty systems. 
‘‘(5) RULES
OF
CONSTRUCTION.—Nothing in 
this subsection shall be construed to— 
‘‘(A) authorize the Secretary to require 
particular policies, procedures, programs, or 
practices by institutions of higher education 
with respect to fire safety, other than with re-
spect to the collection, reporting, and dissemi-
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389 
nation of information required by this sub-
section; 
‘‘(B) affect the Family Educational Rights 
and Privacy Act of 1974 or the regulations 
issued under section 264 of the Health Insur-
ance Portability and Accountability Act of 1996 
(42 U.S.C. 1320d–2 note); 
‘‘(C) create a cause of action against any 
institution of higher education or any employee 
of such an institution for any civil liability; and 
‘‘(D) establish any standard of care. 
‘‘(6) COMPLIANCE
REPORT.—The Secretary 
shall annually report to the authorizing committees 
regarding compliance with this subsection by institu-
tions of higher education, including an up-to-date re-
port on the Secretary’s monitoring of such compli-
ance. 
‘‘(7) EVIDENCE.—Notwithstanding any other 
provision of law, evidence regarding compliance or 
noncompliance with this subsection shall not be ad-
missible as evidence in any proceeding of any court, 
agency, board, or other entity, except with respect to 
an action to enforce this subsection. 
‘‘(8) RETALIATION
PROHIBITED.—No partici-
pating institution or officer, employee, or agent of 
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390 
the institution shall intimidate, threaten, coerce, or 
otherwise discriminate against any individual for the 
purpose of interfering with the implementation of 
any provision of this subsection, or any rights or 
privileges accorded under this subsection, or because 
the individual has complained, testified, assisted, or 
otherwise participated in any aspect of an investiga-
tion, proceeding, or hearing.’’. 
SEC. 488. ARTICULATION AGREEMENTS. 
Part G of title IV is amended by inserting after sec-
tion 486 (20 U.S.C. 1093) the following new section 
‘‘SEC. 486A. ARTICULATION AGREEMENTS. 
‘‘(a) PROGRAM
TO
ENCOURAGE
ARTICULATION 
AGREEMENTS.— 
‘‘(1) PROGRAM
REQUIREMENTS.—The Sec-
retary shall carry out a program for States, in co-
operation with institutions of higher education, to 
develop, enhance, and implement comprehensive ar-
ticulation agreements among such institutions in a 
State, and (to the extent practicable) across State 
lines, by 2010. Such articulation agreements shall be 
made widely and publicly available on the websites 
of States and institutions, and on the application 
materials of such institutions. In developing, enhanc-
ing, and implementing articulation agreements, 
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391 
States and public institutions of higher education 
may employ strategies, where applicable, including— 
‘‘(A) common course numbering; 
‘‘(B) a general education core curriculum; 
‘‘(C) developing or expanding articulation 
agreements that include both public and private 
institutions of higher education; and 
‘‘(D) other strategies identified by the Sec-
retary. 
‘‘(2) TECHNICAL ASSISTANCE PROVIDED.—The 
Secretary shall provide technical assistance to States 
and institutions of higher education for the purposes 
of developing and implementing articulation agree-
ments in accordance with this subsection. 
‘‘(3) RULE
OF
CONSTRUCTION.—Nothing in 
this subsection shall be construed to limit the aca-
demic freedom or choices of institutions of higher 
education. 
‘‘(b) STUDY REQUIRED.—The Secretary shall con-
duct a study to review the articulation agreements at 
State-based college and university systems, including jun-
ior or community colleges, as well as those at other institu-
tions of higher education, including private non-profit and 
for-profit institutions. Such study shall consider— 
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392 
‘‘(1) the extent to which States and institutions 
have developed and implemented articulation agree-
ments; 
‘‘(2) with respect to the articulation agreements 
developed— 
‘‘(A) the number and types of institutions 
participating the programs offered; 
‘‘(B) the cost-savings to the participating 
institutions and to the students; 
‘‘(C) what strategies are being employed, 
including common course numbering and gen-
eral education core curriculum; 
‘‘(D) the effective use of technologies to 
contain costs, maintain quality of instruction, 
and inform students; and 
‘‘(E) a description of the students to whom 
the articulation agreements are offered and, to 
the extent practicable, a description of the stu-
dents who take advantage of the articulation 
agreements; 
‘‘(3) best practices and innovative strategies 
employed to implement effective articulation agree-
ments; and 
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393 
‘‘(4) barriers to the implementation of articula-
tion agreements, including technological and infor-
mational barriers. 
‘‘(c) REPORT.—The Secretary shall submit to the au-
thorizing committees an interim report on the study re-
quired by this section not later than 2 years after the date 
of enactment of the College Opportunity and Affordability 
Act of 2007 and a final report on such study not later 
than January 1, 2013. 
‘‘(d) DEFINITION.—In this section, the term ‘articu-
lation agreement’ means an agreement between institu-
tions of higher education that specifies the acceptability 
of courses in transfer toward meeting specific degree re-
quirements.’’. 
SEC. 489. PROGRAM PARTICIPATION AGREEMENTS. 
(a) ADDITIONAL REQUIREMENTS.—Section 487(a) 
(20 U.S.C. 1094(a)) is amended— 
(1) by adding at the end of paragraph (23) the 
following new subparagraph: 
‘‘(D) The institution shall be considered in 
compliance with the requirements of subpara-
graph (A) for each student to whom the institu-
tion electronically transmits a message con-
taining a voter registration form acceptable for 
use in the State in which the institution is lo-
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394 
cated, or an Internet address where such a 
form can be downloaded, provided such infor-
mation is in an electronic message devoted ex-
clusively to voter registration.’’; and 
(2) by adding at the end the following new 
paragraphs: 
‘‘(24)(A) In the case of an institution (including 
an officer (including a director or trustee), employee, 
or agent of an institution) that has a preferred lend-
er arrangement, the institution will compile, main-
tain, and make available for students attending the 
institution (or the parents of such students) a list, 
in print or any other medium, of the specific lenders 
for educational loans that the institution rec-
ommends, promotes, or endorses in accordance with 
such preferred lender arrangement. In compiling, 
maintaining, and making available such list, the in-
stitution will— 
‘‘(i) clearly and fully disclose on such list— 
‘‘(I) no less than the information re-
quired to be disclosed in the model disclo-
sure form, or updated model disclosure 
form, required under section 153; 
‘‘(II) why the institution has entered 
into a preferred lender arrangement with 
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395 
each listed lender, particularly with respect 
to terms and conditions favorable to the 
borrower; and 
‘‘(III) that the students attending the 
institution (or the parents of such stu-
dents) do not have to borrow from a listed 
lender; 
‘‘(ii) ensure, through the use of the list 
provided by the Secretary under subparagraph 
(B), that— 
‘‘(I) there are not less than 3 lenders 
of loans made under part B that are not 
affiliates of each other included on such 
list and, if the institution recommends, 
promotes, or endorses private educational 
loans, there are not less than 2 lenders of 
private educational loans that are not af-
filiates of each other included on such list; 
‘‘(II) the list under this subpara-
graph— 
‘‘(aa) specifically indicates, for 
each listed lender, whether the lender 
is or is not an affiliate of each other 
lender on the list; and 
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396 
‘‘(bb) if a lender is an affiliate of 
another lender on the list, describes 
the details of such affiliation; 
‘‘(iii) prominently disclose the method and 
criteria used by the institution in selecting lend-
ers with which to enter into preferred lender ar-
rangements to ensure that such lenders are se-
lected on the basis of the benefits provided to 
borrowers, including— 
‘‘(I) highly competitive interest rates, 
terms, or conditions of Federal and private 
educational loans; 
‘‘(II) high-quality servicing for such 
loans; or 
‘‘(III) additional benefits beyond the 
standard terms and conditions for such 
loans; 
‘‘(iv) exercise a duty of care and a duty of 
loyalty to compile the list under this subpara-
graph without prejudice and for the sole benefit 
of the students attending the institution (or the 
parents of such students); 
‘‘(v) not deny or otherwise impede the bor-
rower’s choice of a lender or cause unnecessary 
delays in loan certification under this title for 
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397 
those borrowers who choose a lender that has 
not been recommended, promoted, or endorsed 
by the institution; and 
‘‘(vi) comply with such other requirements 
as the Secretary may prescribe by regulation. 
‘‘(B) The Secretary shall maintain and update 
a list of lender affiliates of all eligible lenders, and 
shall provide such list to the institutions for use in 
carrying out subparagraph (A). 
‘‘(C) For the purposes of subparagraph (A)— 
‘‘(i) the term ‘affiliate’ means a person 
that controls, is controlled by, or is under com-
mon control with another person; 
‘‘(ii) a person controls, is controlled by, or 
is under common control with another person 
if— 
‘‘(I) the person directly or indirectly, 
or acting through 1 or more others, owns, 
controls, or has the power to vote 5 per-
cent or more of any class of voting securi-
ties of such other person; 
‘‘(II) the person controls, in any man-
ner, the election of a majority of the direc-
tors or trustees of such other person; or 
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398 
‘‘(III) the Secretary determines (after 
notice and opportunity for a hearing) that 
the person directly or indirectly exercises a 
controlling interest over the management 
or policies of such other person; 
‘‘(iii) the term ‘preferred lender arrange-
ment’ has the meaning provided in section 151; 
‘‘(iv) the term ‘educational loans’ has the 
meaning provided in section 151, except that 
such term does not include loans under section 
499(b) or under parts D or E of this title. 
‘‘(25) The institution will submit to the Sec-
retary annually, in such form as the Secretary may 
prescribe, data on— 
‘‘(A) the number and percentage of stu-
dents taking classes in whole or in part on-line 
or through distance education; 
‘‘(B) of such students, the number and 
percentage of those taking their classes exclu-
sively on-line or through distance education; 
and 
‘‘(C) the number and percentage of courses 
offered by the institution that are offered on- 
line or through distance education.’’. 
(b) REPORTS ON DISCIPLINARY PROCEEDINGS.— 
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399 
(1) AMENDMENT.—Section 487(a) (20 U.S.C. 
1094(a)) is further amended by adding after para-
graph (25), as added by subsection (a) of this sec-
tion, the following new paragraph: 
‘‘(26) The institution will disclose to the alleged 
victim of any crime of violence (as that term is de-
fined in section 16 of title 18), or a nonforcible sex 
offense, the final results of any disciplinary pro-
ceeding conducted by such institution against a stu-
dent who is the alleged perpetrator of such crime or 
offense with respect to such crime or offense. If the 
alleged victim of such crime or offense is deceased, 
the next of kin of such victim shall be treated as the 
alleged victim for purposes of this paragraph.’’. 
(2) EFFECTIVE DATE.—The amendment made 
by paragraph (1) shall apply with respect to any dis-
ciplinary proceeding conducted by such institution 
on or after one year after the date of enactment of 
this Act. 
(c) ENFORCING THE 90/10 RULE.— 
(1) AMENDMENT.—Section 487(a) (20 U.S.C. 
1094(a)) is further amended by adding at the end 
the following new paragraph: 
‘‘(27) The institution will, as calculated in ac-
cordance with subsection (f)(1), have not less than 
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400 
10 percent of its revenues from sources other than 
funds provided under this title, or will be subject to 
the sanctions described in subsection (f)(2).’’. 
(2) IMPLEMENTATION.—Section 487 is further 
amended by adding at the end the following new 
subsection: 
‘‘(f) IMPLEMENTATION OF NON-TITLE IV REVENUE 
REQUIREMENT.— 
‘‘(1) CALCULATION.—In carrying out sub-
section (a)(27), an institution shall— 
‘‘(A) use the cash basis of accounting; 
‘‘(B) consider as revenue only those funds 
generated by the institution from— 
‘‘(i) tuition, fees, and other institu-
tional charges for students enrolled in pro-
grams eligible for assistance under this 
title; and 
‘‘(ii) activities conducted by the insti-
tution, to the extent not included in tui-
tion, fees, and other institutional charges, 
that are necessary for the education or 
training of its students who are enrolled in 
programs eligible for assistance under this 
title, if such activities are— 
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‘‘(I) conducted on campus or at a 
facility under the the control of the 
institution; 
‘‘(II) performed under the super-
vision of a member of the institution’s 
faculty; and 
‘‘(III) required to be performed 
by all students in a specific edu-
cational program at the institution; 
‘‘(C) presume that any title IV program 
funds disbursed or delivered to or on behalf of 
a student will be used to pay the student’s tui-
tion, fees, or other institutional charges, regard-
less of whether the institution credits those 
funds to the student’s account or pays those 
funds directly to the student, except to the ex-
tent that the student’s tuition, fees, or other in-
stitutional charges are satisfied by— 
‘‘(i) grant funds provided by non-Fed-
eral public agencies or private sources 
independent of the institution; 
‘‘(ii) funds provided under a contrac-
tual arrangement with Federal, State, or 
local government agencies for the purpose 
of providing job training to low-income in-
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402 
dividuals who are in need of that training; 
or 
‘‘(iii) funds used by a student from 
savings plans for educational expenses es-
tablished by or on behalf of the student 
and which qualify for special tax treatment 
under the Internal Revenue Code of 1986, 
provided that the institution can reason-
able demonstrate such funds were used to 
pay the student’s tuition, fees, or other in-
stitutional charges; 
‘‘(D) include institutional aid as revenue to 
the school only as follows: 
‘‘(i) in the case of institutional loans, 
only the amount of loan repayments re-
ceived during the fiscal year; and 
‘‘(ii) in the case of institutional schol-
arships, only those provided by the institu-
tion in the form of monetary aid or tuition 
discounts 
based 
upon 
the 
academic 
achievements or financial need of students, 
disbursed during the fiscal year from an 
established restricted account, and only to 
the extent that funds in that account rep-
resent designated funds from an outside 
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403 
source or from income earned on those 
funds; 
‘‘(E) exclude from revenues— 
‘‘(i) the amount of funds it received 
under the Federal Work-Study program, 
unless the institution used those funds to 
pay a student’s institutional charges; 
‘‘(ii) the amount of funds it received 
under the Leveraging Education Assist-
ance Partnership program; 
‘‘(iii) the amount of institutional 
funds it used to match title IV program 
funds; 
‘‘(iv) the amount of title IV program 
funds that must be refunded or returned; 
or 
‘‘(v) the amount charged for books, 
supplies, and equipment unless the institu-
tion includes that amount as tuition, fees, 
or other institutional charges. 
‘‘(2) SANCTIONS.— 
‘‘(A) An institution that fails to meet the 
requirements of subsection (a)(27) for 2 con-
secutive fiscal years shall become ineligible to 
participate in the programs authorized by this 
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404 
title. To regain eligibility to participate in the 
programs authorized by this title, an institution 
that loses its eligibility as a sanction under this 
subparagraph must demonstrate compliance 
with all eligibility requirements for at least the 
3 fiscal years following the fiscal year the insti-
tution became ineligible. 
‘‘(B) In addition to such other means of 
enforcing the requirements of this title as may 
be available to the Secretary, if an institution 
fails to meet the requirements of subsection 
(a)(27) in any fiscal year, the Secretary shall 
impose sanctions on the institution, which shall 
include— 
‘‘(i) placing the institution on provi-
sional certification in accordance with sec-
tion 498(h) until the institution dem-
onstrates, to the satisfaction of the Sec-
retary, that it is in compliance with sub-
section (a)(27); 
‘‘(ii) requiring the institution to pro-
vide to the Secretary satisfactory evidence 
of its financial responsibility in accordance 
with section 498(c)(3); and 
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405 
‘‘(iii) requiring such other increased 
monitoring and reporting requirements as 
the Secretary determines necessary until 
the institution demonstrates, to the satis-
faction of the Secretary, that it is in com-
pliance with subsection (a)(27). 
‘‘(3) PUBLICATION
ON
COLLEGE
NAVIGATOR 
WEBSITE.—The Secretary shall publicly disclose the 
identity of any institution that fails to meet the re-
quirements of subsection (a)(27) on the College Nav-
igator website. 
‘‘(4) REPORT
TO
CONGRESS.—The Secretary 
shall annually submit to the authorizing committees 
a report that contains, for each institution subject to 
the requirement of subsection (a)(27), the result of 
the calculation of revenue performed by each such 
institution pursuant to such subsection and para-
graph (1) of this subsection.’’. 
(d) AUDITS; FINANCIAL RESPONSIBILITY; ENFORCE-
MENT OF STANDARDS.—Section 487(c)(1)(A) (20 U.S.C. 
1094(c)(1)(A)) is amended— 
(1) in clause (i)— 
(A) by striking ‘‘clauses (ii) and (iii)’’ and 
inserting ‘‘clauses (ii), (iii), and (iv)’’; and 
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406 
(B) by inserting before the semicolon at 
the end the following: ‘‘, except that the Sec-
retary may modify the requirements of this 
clause with respect to institutions of higher 
education that are foreign institutions, and may 
waive such requirements with respect to a for-
eign institution whose students receive less than 
$500,000 in loans under this title during the 
award year preceding the audit period’’; 
(2) in clause (ii), by striking ‘‘or’’ after the 
semicolon; 
(3) in clause (iii), by inserting ‘‘or’’ after the 
semicolon; and 
(4) by inserting after clause (iii) the following 
new clause: 
‘‘(iv) with respect to an eligible insti-
tution that is audited under clause (i), and 
for which it is determined through such 
audit that the percentage of students en-
rolled at the institution who were accepted 
for enrollment and made eligible for stu-
dent financial assistance under this title by 
way of section 484(d)(2) exceeds 5 percent 
of the total enrollment of the institution 
for such academic year, an additional re-
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407 
view to confirm that the institution is in 
compliance with the regulations prescribed 
by the Secretary under 484(d);’’. 
SEC. 490. REGULATORY RELIEF AND IMPROVEMENT. 
Section 487A(b) (20 U.S.C. 1094a(b)) is amended— 
(1) in paragraph (1)— 
(A) by striking ‘‘1998’’ and inserting 
‘‘2009’’; and 
(B) by striking ‘‘1999’’ and inserting 
‘‘2009’’; 
(2) by striking the matter preceding paragraph 
(2)(A) and inserting the following: 
‘‘(2) REPORT.—The Secretary shall review and 
evaluate the experience of institutions participating 
as experimental sites and shall, on a biennial basis, 
submit a report based on the review and evaluation 
to the authorizing committees. Such report shall in-
clude—’’; and 
(3) in paragraph (3)— 
(A) in subparagraph (A)— 
(i) by striking ‘‘Upon the submission 
of the report required by paragraph (2), 
the’’ and inserting ‘‘The’’; and 
(ii) by inserting ‘‘periodically’’ after 
‘‘authorized to’’; 
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408 
(B) by striking subparagraph (B); 
(C) by redesignating subparagraph (C) as 
subparagraph (B); and 
(D) in subparagraph (B) (as redesignated 
by subparagraph (C))— 
(i) by inserting ‘‘, including require-
ments related to the award process and 
disbursement of student financial aid (such 
as innovative delivery systems for modular 
or compressed courses, or other innovative 
systems), verification of student financial 
aid application data, entrance and exit 
interviews, or other management proce-
dures or processes as determined in the ne-
gotiated rulemaking process under section 
492’’ after ‘‘requirements in this title’’; 
(ii) by inserting ‘‘(other than an 
award rule related to an experiment in 
modular or compressed schedules)’’ after 
‘‘award rules’’; and 
(iii) by inserting ‘‘unless the waiver of 
such provisions is authorized by another 
provision under this title’’ before the pe-
riod at the end. 
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409 
SEC. 491. ADVISORY COMMITTEE ON STUDENT FINANCIAL 
ASSISTANCE. 
Section 491 (20 U.S.C. 1098) is amended— 
(1) in subsection (a)(2)— 
(A) in subparagraph (B), by striking 
‘‘and’’ after the semicolon; 
(B) in subparagraph (C), by striking the 
period at the end and inserting a semicolon; 
and 
(C) by adding at the end the following: 
‘‘(D) to provide knowledge and under-
standing of early intervention programs and 
make recommendations that will result in early 
awareness by low- and moderate-income stu-
dents and families of their eligibility for assist-
ance under this title, and, to the extent prac-
ticable, their eligibility for other forms of State 
and institutional need-based student assistance; 
and 
‘‘(E) to make recommendations that will 
expand and improve partnerships among the 
Federal Government, States, institutions, and 
private entities to increase the awareness and 
total amount of need-based student assistance 
available to low- and moderate-income stu-
dents.’’; 
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410 
(2) in subsection (d)— 
(A) in paragraph (6), by striking ‘‘, but 
nothing in this section shall authorize the com-
mittee to perform such studies, surveys, or 
analyses’’; 
(B) in paragraph (8), by striking ‘‘and’’ 
after the semicolon; 
(C) by redesignating paragraph (9) as 
paragraph (10); and 
(D) by inserting after paragraph (8) the 
following: 
‘‘(9) monitor the adequacy of total need-based 
aid available to low- and moderate-income students 
from all sources, assess the implications for access 
and persistence, and report those implications annu-
ally to Congress and the Secretary; and’’; 
(3) in subsection (j)(1)— 
(A) by striking ‘‘including the implementa-
tion of a performance-based organization within 
the Department, and report to Congress regard-
ing such modernization on not less than an an-
nual basis’’; and 
(B) by inserting ‘‘and simplification’’ after 
the terms ‘‘delivery process’’; and 
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411 
(4) in subsection (k), by striking ‘‘2004’’ and 
inserting ‘‘2011’’. 
SEC. 492. NEGOTIATED RULEMAKING. 
Section 492(b)(1) (20 U.S.C. 1098a(b)(1)) is amend-
ed by striking ‘‘from individuals nominated by groups de-
scribed in subsection (a)(1)’’ and inserting ‘‘from individ-
uals who are nominated by groups described in subsection 
(a)(1) and who have recognized legitimacy as designated 
representatives of major stakeholders, sectors, and con-
stituencies in the higher education community’’. 
SEC. 493. TECHNICAL AMENDMENT. 
Section 493C(b)(1) (20 U.S.C. 1098e(b)(1)) is 
amended by striking ‘‘or is already in default’’. 
SEC. 494. CAMPUS-BASED DIGITAL THEFT PREVENTION. 
Part G of title IV (20 U.S.C. 1088 et seq.) is further 
amended by adding at the end the following new section: 
‘‘SEC. 494. CAMPUS-BASED DIGITAL THEFT PREVENTION. 
‘‘(a) IN GENERAL.—Each eligible institution partici-
pating in any program under this title shall to the extent 
practicable— 
‘‘(1) make publicly available to their students 
and employees, the policies and procedures related to 
the illegal downloading and distribution of copy-
righted materials required to be disclosed under sec-
tion 485(a)(1)(P); and 
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412 
‘‘(2) develop a plan for offering alternatives to 
illegal downloading or peer-to-peer distribution of in-
tellectual property as well as a plan to explore tech-
nology-based deterrents to prevent such illegal activ-
ity. 
‘‘(b) GRANTS.— 
‘‘(1) PROGRAM
AUTHORITY.—The Secretary 
may make grants to institutions of higher education, 
or consortia of such institutions, and enter into con-
tracts with such institutions, consortia, and other or-
ganizations, to develop, implement, operate, improve, 
and disseminate programs of prevention, education, 
and cost-effective technological solutions, to reduce 
and eliminate the illegal downloading and distribu-
tion of intellectual property. Such grants or con-
tracts may also be used for the support of a higher 
education centers that will provide training, tech-
nical assistance, evaluation, dissemination, and asso-
ciated services and assistance to the higher edu-
cation community as determined by the Secretary 
and institutions of higher education. 
‘‘(2) AWARDS.—Grants and contracts shall be 
awarded under paragraph (1) on a competitive basis. 
‘‘(3) APPLICATIONS.—An institution of higher 
education or a consortium of such institutions that 
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413 
desires to receive a grant or contract under para-
graph (1) shall submit an application to the Sec-
retary at such time, in such manner, and containing 
or accompanied by such information as the Sec-
retary may reasonably require by regulation. 
‘‘(4) AUTHORIZATION
OF
APPROPRIATIONS.— 
There are authorized to be appropriated to carry out 
this subsection such sums as may be necessary for 
fiscal year 2009 and for each of the 4 succeeding fis-
cal years.’’. 
PART H—PROGRAM INTEGRITY 
SEC. 496. RECOGNITION OF ACCREDITING AGENCY OR AS-
SOCIATION. 
Section 496 (20 U.S.C. 1099b) is amended— 
(1) in subsection (a)— 
(A) by striking paragraph (4) and insert-
ing the following: 
‘‘(4) if such agency or association has or seeks 
to include within its scope of recognition the evalua-
tion of the quality of institutions or programs offer-
ing distance education, such agency or association 
shall, in addition to meeting the other requirements 
of this subpart, demonstrate to the Secretary that— 
‘‘(A) the agency or association’s standards 
effectively address the quality of an institution’s 
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414 
distance education in the areas identified in sec-
tion 496(a)(5), except that the agency or asso-
ciation shall not be required to have separate 
standards, procedures or policies for the evalua-
tion of distance education institutions or pro-
grams in order to meet the requirements of this 
subparagraph; and 
‘‘(B) the agency or association requires an 
institution that offers distance education to 
have processes through which the institution es-
tablishes that the student who registers in a 
distance education course or program is the 
same student who participates in and completes 
the program and receives the academic credit;’’; 
(B) in paragraph (5), by striking subpara-
graph (A) and inserting the following: 
‘‘(A) success with respect to student 
achievement in relation to the institution’s mis-
sion, which may include different standards for 
different institutions or programs, as estab-
lished by the institution, including, as appro-
priate, consideration of State licensing examina-
tions, course completion, and job placement 
rates;’’; 
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415 
(C) by striking paragraph (6) and insert-
ing the following: 
‘‘(6) such an agency or association shall estab-
lish and apply review procedures throughout the ac-
crediting process, including evaluation and with-
drawal proceedings which comply with due process 
procedures that provide for— 
‘‘(A) adequate specification of require-
ments and deficiencies at the institution of 
higher education or program examined; 
‘‘(B) an opportunity for a written response 
by any such institution to be included, prior to 
final action, in the evaluation and withdrawal 
proceedings; 
‘‘(C) upon the written request of an insti-
tution, an opportunity for the institution to ap-
peal any adverse action, including denial, with-
drawal, suspension, or termination of accredita-
tion, or placement on probation of an institu-
tion, at a hearing prior to such action becoming 
final, before an appeals panel that— 
‘‘(i) shall not include current members 
of the agency or association’s underlying 
decision-making body that made the ad-
verse decision; and 
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416 
‘‘(ii) is subject to a conflict of interest 
policy; and 
‘‘(D) the right to representation by counsel 
for such an institution during an appeal of the 
adverse action;’’; and 
(D) by striking paragraph (8) and insert-
ing the following: 
‘‘(8) such agency or association shall make 
available to the public and the State licensing or au-
thorizing agency, and submit to the Secretary, a 
summary of agency or association actions, includ-
ing— 
‘‘(A) the award of accreditation or re-
accreditation of an institution; 
‘‘(B) final denial, withdrawal, suspension, 
or termination of accreditation, or placement on 
probation of an institution, and any findings 
made in connection with the action taken, to-
gether with the official comments of the af-
fected institution; and 
‘‘(C) any other adverse action taken with 
respect to an institution; and 
‘‘(9) confirms, as a part of the agency or asso-
ciation’s review for accreditation or reaccreditation, 
that the institution has transfer of credit policies— 
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417 
‘‘(A) that are publicly disclosed; and 
‘‘(B) that include a statement of the cri-
teria established by the institution regarding 
the transfer of credit earned at another institu-
tion of higher education.’’; 
(2) in subsection (c)— 
(A) in paragraph (1), by inserting ‘‘, in-
cluding those regarding distance education’’ 
after ‘‘their responsibilities’’; 
(B) 
by 
redesignating 
paragraphs 
(2) 
through (6) as paragraphs (5) through (9); 
(C) by inserting after paragraph (1) (as 
amended by subparagraph (A)) the following: 
‘‘(2) ensures that the agency or association’s 
on-site evaluation for accreditation or reaccreditation 
includes review of the federally required information 
the institution or program provides its current and 
prospective students; 
‘‘(3) monitors the growth of programs at insti-
tutions that are experiencing significant enrollment 
growth; 
‘‘(4) requires an institution to submit a teach- 
out plan for approval to the accrediting agency upon 
the occurrence of any of the following events: 
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418 
‘‘(A) The Department notifies the accred-
iting agency of an action against the institution 
pursuant to section 487(d). 
‘‘(B) The accrediting agency acts to with-
draw, terminate, or suspend the accreditation of 
an institution. 
‘‘(C) The institution notifies the accred-
iting agency that the institution intends to 
cease operations.’’; 
(D) in paragraph (8) (as redesignated by 
subparagraph (B)), by striking ‘‘and’’ after the 
semicolon; 
(E) in subparagraph (9) (as redesignated 
by subparagraph (B)), by striking the period 
and inserting ‘‘; and’’; and 
(F) by adding at the end the following: 
‘‘(10) confirms, as a part of the agency or asso-
ciation’s review for accreditation or reaccreditation, 
that the institution has transfer of credit policies— 
‘‘(A) that are publicly disclosed; and 
‘‘(B) that include a statement of the cri-
teria established by the institution regarding 
the transfer of credit earned at another institu-
tion of higher education.’’; 
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419 
(3) in subsection (g), by adding at the end the 
following: ‘‘Nothing in this section shall be construed 
to permit the Secretary to establish any criteria that 
specifies, defines, or prescribes the standards that 
accrediting agencies or associations shall use to as-
sess any institution’s success with respect to student 
achievement.’’; and 
(4) in subsection (o), by adding at the end the 
following: ‘‘Notwithstanding any other provision of 
law, the Secretary shall not promulgate any regula-
tion with respect to subsection (a)(5).’’. 
SEC. 497. ACCREDITATION OMBUDSMAN. 
Subpart 2 of part H of title IV is amended by insert-
ing after section 496 (20 U.S.C. 1099b) the following new 
section: 
‘‘SEC. 497. ACCREDITATION OMBUDSMAN. 
‘‘(a) APPOINTMENT.—The Assistant Secretary for 
Postsecondary Education, in consultation with the Sec-
retary, shall appoint an Accreditation Ombudsman to pro-
vide timely assistance to institutions of higher education, 
accrediting agencies and associations, and other partici-
pants in the accreditation process who may have griev-
ances related to the functions described in subsection (c). 
‘‘(b) PUBLIC INFORMATION.—The Assistant Sec-
retary for Postsecondary Education shall disseminate in-
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421 
effectiveness of the Ombudsman during the preceding 
year.’’. 
SEC. 498. PROGRAM REVIEW AND DATA. 
Section 498A(b) (20 U.S.C. 1099c–1(b)) is amend-
ed— 
(1) by striking ‘‘and’’ at the end of paragraph 
(4); 
(2) by striking the period at the end of para-
graph (5) and inserting a semicolon; and 
(3) by adding at the end the following new 
paragraphs: 
‘‘(6) provide the institution adequate oppor-
tunity to review and respond to any program review 
report or audit finding before any final program re-
view or audit determination is reached, including ac-
cess to any and all workpapers, notes, documenta-
tion, records, or other information relating to the 
program review report or audit finding; 
‘‘(7) review and take into consideration the in-
stitution’s response in any final program review or 
audit determination, and include in the final deter-
mination a written statement addressing the institu-
tion’s response and stating the basis for such final 
determination, and a copy of the institution’s re-
sponse; and 
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422 
‘‘(8) maintain and preserve at all times the con-
fidentiality of any program review report until the 
requirements of paragraphs (6) and (7) are met, and 
until a final program review determination has been 
issued.’’. 
SEC. 499. COMPETITIVE LOAN AUCTION PILOT PROGRAM 
EVALUATION. 
Section 499 (as added by section 701 of the College 
Cost Reduction and Access Act of 2007) is amended by 
adding at the end the following new subsections: 
‘‘(c) REQUIRED INITIAL EVALUATION.—The Sec-
retary and Secretary of the Treasury shall jointly conduct 
an evaluation, in consultation with the Office of Manage-
ment and Budget, the Congressional Budget Office, and 
the Comptroller General, of the pilot program carried out 
by the Secretary under this section. The evaluation shall 
determine— 
‘‘(1) the extent of the savings to the Federal 
Government that are generated through the pilot 
program, compared to the cost the Federal Govern-
ment would have incurred in operating the PLUS 
loan program under section 428B in the absence of 
the pilot program; 
‘‘(2) the number of lenders that participated in 
the pilot program, and the extent to which the pilot 
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423 
program generated competition among lenders to 
participate in the auctions under the pilot program; 
‘‘(3) the number and volume of loans made 
under the pilot in each State; 
‘‘(4) the effect of the transition to and oper-
ation of the pilot program on the ability of— 
‘‘(A) lenders participating in the pilot pro-
gram to originate loans made through the pilot 
program smoothly and efficiently; 
‘‘(B) institutions of higher education par-
ticipating in the pilot program to disburse loans 
made through the pilot program smoothly and 
efficiently; and 
‘‘(C) parents to obtain loans made through 
the pilot program in a timely and efficient man-
ner; 
‘‘(5) the differential impact, if any, of the auc-
tion among the States, including between rural and 
non-rural States; 
‘‘(6) the feasibility of using the mechanism pi-
loted to operate the other loan programs under part 
B of this title; and 
‘‘(7) the feasibility of using other market mech-
anisms to operate the loan programs under part B 
of this title, including the sale of securities backed 
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424 
by federally-owned student loan assets originated by 
banks acting as agents of the Federal Government. 
‘‘(d) REPORTS.—The Secretary and the Secretary of 
the Treasury shall submit to the authorizing committees— 
‘‘(1) not later than September 1, 2010, a pre-
liminary report regarding the findings of the evalua-
tion described in subsection (c); 
‘‘(2) not later than September 1, 2012, an in-
terim report regarding such findings; and 
‘‘(3) not later than September 1, 2013, a final 
report regarding such findings.’’. 
TITLE V—TITLE V AMENDMENTS 
SEC. 501. POSTBACCALAUREATE OPPORTUNITIES FOR HIS-
PANIC AMERICANS. 
(a) ESTABLISHMENT
OF
PROGRAM.—Title V is 
amended— 
(1) by redesignating part B as part C; 
(2) by redesignating sections 511 through 518 
as sections 521 through 528, respectively; and 
(3) by inserting after section 505 (20 U.S.C. 
1101d) the following new part: 
‘‘PART B—PROMOTING POSTBACCALAUREATE 
OPPORTUNITIES FOR HISPANIC AMERICANS 
‘‘SEC. 511. PURPOSES. 
‘‘The purposes of this part are— 
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‘‘(1) to expand postbaccalaureate educational 
opportunities for, and improve the academic attain-
ment of, Hispanic students; and 
‘‘(2) to expand the postbaccalaureate academic 
offerings and enhance the program quality in the in-
stitutions that are educating the majority of His-
panic college students and helping large numbers of 
Hispanic and low-income students complete postsec-
ondary degrees. 
‘‘SEC. 512. PROGRAM AUTHORITY AND ELIGIBILITY. 
‘‘(a) PROGRAM AUTHORIZED.—Subject to the avail-
ability of funds appropriated to carry out this part, the 
Secretary shall award competitive grants to Hispanic-serv-
ing institutions determined by the Secretary to be making 
substantive contributions to graduate educational opportu-
nities for Hispanic students. 
‘‘(b) ELIGIBILITY.—For the purposes of this part, an 
‘eligible institution’ means an institution of higher edu-
cation that— 
‘‘(1) is an eligible institution under section 
502(a)(2); and 
‘‘(2) offers a postbaccalaureate certificate or de-
gree granting program. 
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‘‘SEC. 513. AUTHORIZED ACTIVITIES. 
‘‘Grants awarded under this part shall be used for 
one or more of the following activities: 
‘‘(1) Purchase, rental, or lease of scientific or 
laboratory equipment for educational purposes, in-
cluding instructional and research purposes. 
‘‘(2) Construction, maintenance, renovation, 
and improvement of classrooms, libraries, labora-
tories, and other instructional facilities, including 
purchase or rental of telecommunications technology 
equipment or services. 
‘‘(3) Purchase of library books, periodicals, 
technical and other scientific journals, microfilm, 
microfiche, and other educational materials, includ-
ing telecommunications program materials. 
‘‘(4) Support for needy postbaccalaureate stu-
dents including outreach, academic support services, 
mentoring, scholarships, fellowships, and other fi-
nancial assistance to permit the enrollment of such 
students in postbaccalaureate certificate and degree 
granting programs. 
‘‘(5) Support of faculty exchanges, faculty de-
velopment, faculty research, curriculum development, 
and academic instruction. 
‘‘(6) Creating or improving facilities for Inter-
net or other distance learning academic instruction 
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427 
capabilities, including purchase or rental of tele-
communications technology equipment or services. 
‘‘(7) Collaboration with other institutions of 
higher education to expand postbaccalaureate certifi-
cate and degree offerings. 
‘‘(8) Other activities proposed in the application 
submitted pursuant to section 514 that— 
‘‘(A) contribute to carrying out the pur-
poses of this part; and 
‘‘(B) are approved by the Secretary as part 
of the review and acceptance of such applica-
tion. 
‘‘SEC. 514. APPLICATION AND DURATION. 
‘‘(a) APPLICATION.—Any eligible institution may 
apply for a grant under this part by submitting an applica-
tion to the Secretary at such time and in such manner 
as determined by the Secretary. Such application shall 
demonstrate how the grant funds will be used to improve 
postbaccalaureate education opportunities in programs 
and professions in which Hispanic Americans are under-
represented. 
‘‘(b) DURATION.—Grants under this part shall be 
awarded for a period not to exceed 5 years. 
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428 
‘‘(c) LIMITATION.—The Secretary shall not award 
more than one grant under this part in any fiscal year 
to any Hispanic-serving institution.’’. 
(b) COOPERATIVE ARRANGEMENTS.—Section 524(a) 
(as redesignated by subsection (a)(2)) (20 U.S.C. 
1103c(a)) is amended by inserting ‘‘and section 513’’ after 
‘‘section 503’’. 
(c) AUTHORIZATION
OF
APPROPRIATIONS.—Sub-
section (a) of section 528 (as redesignated by subsection 
(a)(2) of this section) (20 U.S.C. 1103g) is amended to 
read as follows: 
‘‘(a) AUTHORIZATIONS.— 
‘‘(1) PART A.—There are authorized to be ap-
propriated to carry out part A and part C of this 
title $175,000,000 for fiscal year 2009 and such 
sums as may be necessary for each of the 4 suc-
ceeding fiscal years. 
‘‘(2) PART B.—There are authorized to be ap-
propriated to carry out part B of this title 
$125,000,000 for fiscal year 2009 and such sums as 
may be necessary for each of the 4 succeeding fiscal 
years.’’. 
(d) MINIMUM GRANT AMOUNT.—Section 528 (20 
U.S.C. 1103g) is amended by adding at the end the fol-
lowing: 
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429 
‘‘(c) MINIMUM GRANT AMOUNT.—The minimum 
amount of a grant under this title shall be $200,000.’’. 
(e) PART A AUTHORIZED USES OF FUNDS.—Section 
503(b) (20 U.S.C. 1101b(b)) is amended— 
(1) by redesignating paragraph (14) as para-
graph (15); and 
(2) by inserting after paragraph (13) the fol-
lowing new paragraph: 
‘‘(14) Providing education or financial informa-
tion designed to improve the financial literacy and 
economic literacy of students or the students’ par-
ents, especially with regard to student indebtedness 
and student assistance programs under the title 
IV.’’. 
TITLE VI—TITLE VI 
AMENDMENTS 
SEC. 601. INTERNATIONAL AND FOREIGN LANGUAGE STUD-
IES. 
(a) FINDINGS
AND PURPOSES.—Section 601 (20 
U.S.C. 1121) is amended— 
(1) in subsection (a)(3), by striking ‘‘post-Cold 
War’’; 
(2) in subsection (b)(1)— 
(A) by striking ‘‘; and’’ at the end of sub-
paragraph (D) and inserting ‘‘, including 
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430 
through linkages overseas with institutions of 
higher education and relevant organizations 
that contribute to the educational programs as-
sisted under this part;’’; and 
(B) by inserting ‘‘and’’ after the semicolon 
at the end of subparagraph (E); and 
(3) in subsection (b)(3) by inserting ‘‘, and 
international business and trade competitiveness’’ 
before the period. 
(b) GRADUATE AND UNDERGRADUATE LANGUAGE 
AND AREA CENTERS AND PROGRAMS.—Section 602(a) 
(20 U.S.C. 1122(a)) is amended— 
(1) in paragraph (1), by striking subparagraph 
(A) and inserting the following: 
‘‘(A) IN GENERAL.—The Secretary is au-
thorized to make grants to institutions of high-
er education or consortia of such institutions 
for the purpose of establishing, strengthening, 
and operating— 
‘‘(i) comprehensive foreign language 
and area or international studies centers 
and programs; and 
‘‘(ii) a diverse network of under-
graduate foreign language and area or 
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431 
international studies centers and pro-
grams.’’; 
(2) in paragraph (2)— 
(A) by striking ‘‘and’’ at the end of sub-
paragraph (G); 
(B) by striking the period at the end of 
subparagraph (H) and inserting a semicolon; 
and 
(C) by inserting after subparagraph (H) 
the following new subparagraphs: 
‘‘(I) supporting instructors of the less com-
monly taught languages; and 
‘‘(J) projects that support in students an 
understanding of science and technology in co-
ordination with foreign language proficiency.’’; 
and 
(3) in paragraph (4)— 
(A) by amending subparagraph (B) to read 
as follows: 
‘‘(B) Partnerships or programs of linkage 
and outreach with 2-year and 4-year colleges 
and universities, including colleges of education 
and teacher professional development pro-
grams.’’; 
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432 
(B) in subparagraph (C), by striking ‘‘Pro-
grams of linkage or outreach’’ and inserting 
‘‘Partnerships or programs of linkage and out-
reach’’; 
(C) in subparagraph (E)— 
(i) by striking ‘‘foreign area’’ and in-
serting ‘‘area studies’’; 
(ii) by striking ‘‘of linkage and out-
reach’’; and 
(iii) by striking ‘‘(C), and (D)’’ and 
inserting ‘‘(D), and (E)’’; 
(D) by redesignating subparagraphs (C), 
(D), and (E) as subparagraphs (D), (E), and 
(F), respectively; and 
(E) by inserting after subparagraph (B) 
the following new subparagraph: 
‘‘(C) Partnerships with local educational 
agencies and public and private elementary and 
secondary education schools that are designed 
to increase student academic achievement in 
foreign language and knowledge of world re-
gions, and to facilitate the wide dissemination 
of materials related to area studies.’’. 
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433 
(c) FELLOWSHIPS
FOR FOREIGN LANGUAGE
AND 
AREA OR INTERNATIONAL STUDIES.—Section 602(b) (20 
U.S.C. 1122(b)) is amended— 
(1) by inserting ‘‘AND UNDERGRADUATE’’ after 
‘‘GRADUATE’’ in the subsection heading; and 
(2) by striking paragraph (2) and inserting the 
following: 
‘‘(2) ELIGIBLE STUDENTS.—A student receiv-
ing a stipend described in paragraph (1) shall be en-
gaged— 
‘‘(A) in an instructional program with stat-
ed performance goals for functional foreign lan-
guage use or in a program developing such per-
formance goals, in combination with area stud-
ies, international studies, or the international 
aspects of a professional studies program, in-
cluding predissertation level studies, prepara-
tion for dissertation research, dissertation re-
search abroad, and dissertation writing; and 
‘‘(B) in the case of graduate fellowships, 
activities in connection with a program de-
scribed in the preceding subparagraph may in-
clude predissertation level studies, preparation 
for dissertation research, dissertation research 
abroad, and dissertation writing; or 
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434 
‘‘(C) in the case of undergraduate fellow-
ships, students may be allowed to use their fel-
lowships abroad for intermediate or advanced 
study of a less commonly taught language.’’. 
(d) 
LANGUAGE
RESOURCE
CENTERS.—Section 
603(c) (20 U.S.C. 1123(c)) is amended by inserting ‘‘re-
flect the purposes of this part and’’ after ‘‘shall’’. 
(e) UNDERGRADUATE INTERNATIONAL STUDIES AND 
FOREIGN
LANGUAGE
PROGRAMS.—Section 604 (20 
U.S.C. 1124) is amended— 
(1) in subsection (a)(1), by striking ‘‘combina-
tions’’ each place it appears and inserting ‘‘con-
sortia’’; 
(2) in subsection (a)(2)— 
(A) in subparagraph (B)(ii), by striking 
‘‘teacher training’’ and inserting ‘‘teacher pro-
fessional development’’; 
(B) by redesignating subparagraphs (I) 
through (M) as subparagraphs (J) through (N), 
respectively; 
(C) by inserting after subparagraph (H) 
the following new subparagraph: 
‘‘(I) the provision of grants for educational 
programs abroad that are closely linked to the 
program’s overall goals and have the purpose of 
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435 
promoting foreign language fluency and knowl-
edge of world regions, except that not more 
than 10 percent of a grant recipient’s funds 
may be used for this purpose;’’; and 
(D) in subparagraph (M)(ii) (as redesig-
nated by subparagraph (B) of this paragraph), 
by striking ‘‘elementary and secondary edu-
cation institutions’’ and inserting ‘‘local edu-
cational agencies and public and private ele-
mentary and secondary education schools’’; 
(3) in subsection (a)(4)(B), by inserting ‘‘that 
demonstrates a need for a waiver or reduction’’ be-
fore the period at the end; 
(4) in subsection (a)(6), by inserting ‘‘reflect 
the purposes of this part and’’ after ‘‘shall’’; 
(5) in subsection (a)(8), by striking ‘‘may’’ and 
inserting ‘‘shall’’; and 
(6) by striking subsection (c). 
(f) RESEARCH; STUDIES; ANNUAL REPORT.—Section 
605(a) (20 U.S.C. 1125(a)) is amended by inserting be-
fore the period at the end of the first sentence the fol-
lowing: ‘‘, including the systematic collection, analysis, and 
dissemination of data’’. 
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436 
(g) TECHNOLOGICAL INNOVATION
AND COOPERA-
TION FOR FOREIGN INFORMATION ACCESS.—Section 606 
(20 U.S.C. 1126) is amended— 
(1) in subsection (a)— 
(A) by striking ‘‘or consortia of such insti-
tutions or libraries’’ and inserting ‘‘or partner-
ships between such institutions or libraries and 
nonprofit educational organizations including 
museums’’; 
(B) by striking ‘‘new’’; and 
(C) by inserting ‘‘from foreign sources’’ 
after ‘‘disseminate information’’; 
(2) in subsection (b)— 
(A) by inserting ‘‘acquire and’’ before ‘‘fa-
cilitate access’’ in paragraph (1); 
(B) by striking ‘‘new means of’’ in para-
graph (3) and inserting ‘‘new means and stand-
ards for’’; 
(C) by striking ‘‘and’’ at the end of para-
graph (6); 
(D) by striking the period at the end of 
paragraph (7) and by inserting a semicolon; 
and 
(E) by inserting after paragraph (7) the 
following new paragraphs: 
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437 
‘‘(8) to establish linkages between grant recipi-
ents under subsection (a) with libraries, museums, 
organizations, or institutions of higher education lo-
cated overseas to facilitate carrying out the purposes 
of this section; and 
‘‘(9) to carry out other activities deemed by the 
Secretary to be consistent with the purposes of this 
section.’’; and 
(3) by adding at the end the following new sub-
section: 
‘‘(e) SPECIAL RULE.—The Secretary may waive or 
reduce the required non-Federal share for institutions 
that— 
‘‘(1) are eligible to receive assistance under part 
A or B of title III or under title V; and 
‘‘(2) have submitted a grant application under 
this section that demonstrates a need for a waiver 
or reduction.’’. 
(h) SELECTION
OF GRANT RECIPIENTS.—Section 
607(b) (20 U.S.C. 1127(b)) is amended— 
(1) by striking ‘‘objectives’’ and inserting ‘‘mis-
sions’’; and 
(2) by adding at the end the following new sen-
tence: ‘‘In keeping with the purposes of this part, 
the Secretary shall take into account the degree to 
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438 
which activities of centers, programs, and fellowships 
at institutions of higher education address national 
needs, generate and disseminate information, and 
foster debate on international issues.’’. 
(i) EQUITABLE DISTRIBUTION.—Section 608(a) (20 
U.S.C. 1128(a)) is amended by adding at the end the fol-
lowing new sentence: ‘‘Grants made under section 602 
shall also reflect the purposes of this part.’’. 
(j) AUTHORIZATION OF APPROPRIATIONS.—Section 
610 (20 U.S.C. 1128b) is amended by striking ‘‘1999’’ 
and inserting ‘‘2009’’. 
(k) CONFORMING AMENDMENTS.— 
(1) Sections 603(a), 604(a)(5), and 612 (20 
U.S.C. 1123(a), 1124(a)(5), 1130–1) are each 
amended by striking ‘‘combinations’’ each place it 
appears and inserting ‘‘consortia’’. 
(2) Section 612 (20 U.S.C. 1130–1) is amended 
by striking ‘‘combination’’ each place it appears and 
inserting ‘‘consortium’’. 
SEC. 602. BUSINESS AND INTERNATIONAL EDUCATION PRO-
GRAMS. 
(a) CENTERS FOR INTERNATIONAL BUSINESS EDU-
CATION.—Section 612 (20 U.S.C. 1130–1) is amended— 
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439 
(1) in subsection (a)(1)(C), by inserting ‘‘manu-
facturing software systems, technology manage-
ment,’’ after ‘‘commerce,’’; 
(2) in subsection (c)(1)(D), by inserting ‘‘(in-
cluding those that are eligible to receive assistance 
under part A or B of title III or under title V)’’ 
after ‘‘other institutions of higher education’’; 
(3) by amending paragraph (2)(A) of subsection 
(c) to read as follows: and 
‘‘(A) programs encouraging the advance-
ment and understanding of cultural, techno-
logical management, and manufacturing soft-
ware systems practices between institutions of 
higher education in the United States and 
countries with existing partnerships with for-
eign countries, including those in Asian coun-
tries focused on this industry;’’; 
(4) in subsection (e), by adding at the end the 
following new paragraph: 
‘‘(5) SPECIAL RULE.—The Secretary may waive 
or reduce the required non-Federal share for institu-
tions that— 
‘‘(A) are eligible to receive assistance 
under part A or B of title III or under title V; 
and 
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440 
‘‘(B) have submitted a grant application 
under this section that demonstrates a need for 
a waiver or reduction, as determined by the 
Secretary.’’. 
(b) EDUCATION AND TRAINING PROGRAMS.—Section 
613 (20 U.S.C. 1130a) is amended by adding at the end 
the following new subsection: 
‘‘(e) SPECIAL RULE.—The Secretary may waive or 
reduce the required non-Federal share for institutions 
that— 
‘‘(1) are eligible to receive assistance under part 
A or B of title III or under title V; and 
‘‘(2) have submitted a grant application under 
this section that demonstrates a need for a waiver 
or reduction, as determined by the Secretary.’’. 
(c) AUTHORIZATION OF APPROPRIATIONS.—Section 
614 (20 U.S.C. 1130b) is amended by striking ‘‘1999’’ 
each place it appears and inserting ‘‘2009’’. 
SEC. 603. INSTITUTE FOR INTERNATIONAL PUBLIC POLICY. 
(a) FOREIGN SERVICE PROFESSIONAL DEVELOP-
MENT.—Section 621 (20 U.S.C. 1131) is amended— 
(1) by striking the heading of such section and 
inserting the following: 
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441 
‘‘SEC. 621. PROGRAM FOR FOREIGN SERVICE PROFES-
SIONALS.’’; 
(2) by striking the second sentence of sub-
section (a) and inserting the following: ‘‘The Insti-
tute shall conduct a program to enhance the inter-
national competitiveness of the United States by in-
creasing the participation of underrepresented popu-
lations in the international service, including private 
international voluntary organizations and the foreign 
service of the United States.’’; and 
(3) in subsection (b)(1), by striking subpara-
graphs (A) and (B) and inserting the following: 
‘‘(A) A Tribally Controlled College or Uni-
versity or Alaska Native or Native Hawaiian- 
serving institution eligible for assistance under 
title III, an institution eligible for assistance 
under part B of title III, or a Hispanic-serving 
institution eligible for assistance under title V. 
‘‘(B) An institution of higher education 
which serves substantial numbers of underrep-
resented students.’’. 
(b) INSTITUTIONAL DEVELOPMENT.—Section 622 
(20 U.S.C. 1131–1) is amended by inserting before the 
period at the end of subsection (a) the following: ‘‘and pro-
mote collaboration with colleges and universities that re-
ceive funds under this title’’. 
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442 
(c) STUDY ABROAD PROGRAM.—Section 623(a) (20 
U.S.C. 1131a(a)) is amended by inserting after ‘‘1978,’’ 
the following: ‘‘Alaska Native-serving, Native Hawaiian- 
serving, and Hispanic-serving institutions,’’. 
(d) ADVANCED DEGREE IN INTERNATIONAL RELA-
TIONS.—Section 624 (20 U.S.C. 1131b) is amended— 
(1) by striking ‘‘MASTERS’’ in the heading of 
such section and inserting ‘‘ADVANCED’’; 
(2) by striking ‘‘a masters degree in inter-
national relations’’ and inserting ‘‘an advanced de-
gree in international relations, international affairs, 
international economics, or other academic areas re-
lated to the Institute fellow’s career objectives’’; and 
(3) by striking ‘‘The masters degree program 
designed by the consortia’’ and inserting ‘‘The ad-
vanced degree study program shall be designed by 
the consortia, consistent with the fellow’s career ob-
jectives, and’’. 
(e) INTERNSHIPS.—Section 625 (20 U.S.C. 1131c) 
is amended— 
(1) in subsection (a), by inserting after ‘‘1978,’’ 
the following: ‘‘Alaska Native-serving, Native Hawai-
ian-serving, and Hispanic-serving institutions,’’; 
(2) in subsection (b)— 
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443 
(A) by inserting ‘‘and’’ after the semicolon 
at the end of paragraph (2); 
(B) by striking ‘‘; and’’ at the end of para-
graph (3) and inserting a period; and 
(C) by striking paragraph (4); and 
(3) by amending subsection (c) to read as fol-
lows: 
‘‘(c) RALPH J. BUNCHE FELLOWS.—In order to as-
sure the recognition and commitment of individuals from 
underrepresented student populations who demonstrate 
special interest in international affairs and language 
study, eligible students who participate in the internship 
programs authorized under (a) and (b) shall be known as 
the ‘Ralph J. Bunche Fellows’.’’. 
(f) REPORT.—Section 626 (20 U.S.C. 1131d) is 
amended by striking ‘‘annually prepare a report’’ and in-
serting ‘‘prepare a report biennially’’. 
(g) AUTHORIZATION OF APPROPRIATIONS.—Section 
628 (20 U.S.C. 1131f) is amended by striking ‘‘1999’’ and 
inserting ‘‘2009’’. 
SEC. 604. PREPARING FOR EARLY FOREIGN LANGUAGE IN-
STRUCTION. 
Title VI (20 U.S.C. 1121 et seq.) is amended— 
(1) by redesignating part D as part E; 
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444 
(2) by redesignating section 631 (20 U.S.C. 
1132) as section 641; and 
(3) by inserting after section 628 the following 
new part: 
‘‘PART D—PREPARING FOR EARLY FOREIGN 
LANGUAGE INSTRUCTION 
‘‘SEC. 631. PREPARING FOR EARLY FOREIGN LANGUAGE IN-
STRUCTION. 
‘‘(a) DEFINITIONS.—In this section: 
‘‘(1) ELIGIBLE PARTNERSHIP.—The term ‘eligi-
ble partnership’ means a partnership that— 
‘‘(A) shall include— 
‘‘(i) a foreign language department of 
an institution of higher education; and 
‘‘(ii) a local educational agency; and 
‘‘(B) may include— 
‘‘(i) another foreign language or 
teacher education department of an insti-
tution of higher education; 
‘‘(ii) another local educational agency, 
or an elementary or secondary school; 
‘‘(iii) a business; 
‘‘(iv) a nonprofit organization of dem-
onstrated effectiveness, including a mu-
seum; 
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445 
‘‘(v) heritage or community centers 
for language study; 
‘‘(vi) language resource centers; or 
‘‘(vii) the State foreign language coor-
dinator or State educational agency. 
‘‘(2) HIGH-NEED LOCAL EDUCATIONAL AGEN-
CY.—The term ‘high-need local educational agency’ 
has the meaning given the term in section 2102 of 
the Elementary and Secondary Education Act of 
1965 (20 U.S.C. 6602). 
‘‘(3) CRITICAL
FOREIGN
LANGUAGES.—The 
term ‘critical foreign languages’ 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 31413; en-
acted under the authority of section 212(d) of the 
Education for Economic Art (repealed by section 
2303 of the Augustus F. Hawkins-Robert T. Staf-
ford Elementary and Secondary School Improvement 
Amendments of 1988), except that in the implemen-
tation of this definition with respect to this subpart 
the Secretary may set priorities according to the 
purposes of such subpart and the national security, 
economic competitiveness, and educational needs of 
the United States. 
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‘‘(4) ARTICULATED.—The term ‘articulated’ 
means that each grade level of the foreign language 
program is designed to sequentially expand on the 
student achievement of the previous level with a goal 
toward achieving an established level of language 
proficiency. 
‘‘(b) PURPOSE.—The purpose of this section is to im-
prove the performance of students in the study of foreign 
languages by encouraging States, institutions of higher 
education, elementary schools, and secondary schools to 
participate in programs that— 
‘‘(1) upgrade the status and stature of foreign 
language teaching by encouraging institutions of 
higher education to assume greater responsibility for 
improving 
foreign 
language 
teacher 
education 
through the establishment of a comprehensive, inte-
grated system of recruiting and advising such teach-
ers; 
‘‘(2) focus on education of foreign language 
teachers as a career-long process that should con-
tinuously stimulate teachers’ intellectual growth and 
upgrade teachers’ knowledge and skills; 
‘‘(3) bring foreign language teachers in elemen-
tary schools and secondary schools together with lin-
guists or higher education foreign language profes-
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447 
sionals to increase the subject matter knowledge and 
improve the teaching skills of teachers through the 
use of more sophisticated resources that institutions 
of higher education are better able to provide than 
the schools; and 
‘‘(4) develop more rigorous foreign language 
curricula that contain— 
‘‘(A) professionally accepted standards for 
elementary and secondary education instruction; 
‘‘(B) standards expected for post-sec-
ondary study in foreign language; and 
‘‘(C) articulated foreign language pro-
grams from kindergarten through grade 12 that 
demonstrate increased competence and pro-
ficiency over time and grade. 
‘‘(c) GRANTS TO PARTNERSHIPS.— 
‘‘(1) IN GENERAL.—The Secretary may award 
grants, on a competitive basis, to eligible partner-
ships to enable the eligible partnerships to pay the 
Federal share of the costs of carrying out the au-
thorized activities described in this section. 
‘‘(2) DURATION.—The Secretary shall award 
grants under this section for a period of 5 years. 
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448 
‘‘(3) FEDERAL SHARE.—The Federal share of 
the costs of the activities assisted under this section 
shall be— 
‘‘(A) 75 percent of the costs for the first 
year that an eligible partnership receives a 
grant payment under this section; 
‘‘(B) 65 percent of such costs for the sec-
ond such year; and 
‘‘(C) 50 percent of such costs for each of 
the third, fourth, and fifth such years. 
‘‘(4) NON-FEDERAL SHARE.—The non-Federal 
share of the costs of carrying out the authorized ac-
tivities described in this section may be provided in 
cash or in kind, fairly evaluated. 
‘‘(5) PRIORITY.—In awarding grants under this 
section, the Secretary shall give priority to eligible 
partnerships— 
‘‘(A) that include high-need local edu-
cational agencies; or 
‘‘(B) that emphasize the teaching of com-
monly taught and critical foreign languages in 
an articulated program that demonstrates in-
creased competency and proficiency over grade 
and time. 
‘‘(d) APPLICATIONS.— 
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449 
‘‘(1) IN GENERAL.—Each eligible partnership 
desiring a grant under this section shall submit an 
application to the Secretary at such time, in such 
manner, and accompanied by such information as 
the Secretary may require. 
‘‘(2) CONTENTS.—An application under para-
graph (1) shall include— 
‘‘(A) an assessment of the teacher quality 
and professional development needs of all the 
schools and agencies participating in the eligible 
partnership with respect to the teaching and 
learning of foreign languages; 
‘‘(B) a description of how the activities to 
be carried out by the eligible partnership will be 
based on a review of relevant research, and an 
explanation of why the activities are expected to 
improve student performance and to strengthen 
the quality of foreign language instruction; and 
‘‘(C) a description of— 
‘‘(i) how the eligible partnership will 
carry out the authorized activities de-
scribed in subsection (e); and 
‘‘(ii) the eligible partnership’s evalua-
tion and accountability plan as described 
in subsection (f). 
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450 
‘‘(e) AUTHORIZED ACTIVITIES.—An eligible partner-
ship shall use the grant funds provided under this section 
for 1 or more of the following activities related to elemen-
tary schools or secondary schools: 
‘‘(1) Creating opportunities for enhanced and 
ongoing professional development that improves the 
subject matter knowledge of foreign language teach-
ers. 
‘‘(2) Recruiting university students with foreign 
language majors for teaching. 
‘‘(3) Promoting strong teaching skills for for-
eign language teachers and teacher educators. 
‘‘(4) Establishing foreign language summer 
workshops or institutes (including follow-up) for 
teachers. 
‘‘(5) Establishing distance learning programs 
for foreign language teachers. 
‘‘(6) Designing programs to prepare a teacher 
at a school to provide professional development to 
other teachers at the school and to assist novice 
teachers at such school, including (if applicable) a 
mechanism to integrate experiences from a summer 
workshop or institute. 
‘‘(7) Developing instruction materials. 
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451 
‘‘(f) EVALUATION
AND ACCOUNTABILITY PLAN.— 
Each eligible partnership receiving a grant under this sec-
tion shall develop an evaluation and accountability plan 
for activities assisted under this section that includes 
strong performance objectives. The plan shall include ob-
jectives and measures for— 
‘‘(1) increased participation by students in ad-
vanced courses in foreign language; 
‘‘(2) increased percentages of secondary school 
classes in foreign language taught by teachers with 
academic majors in foreign language, respectively; 
and 
‘‘(3) increased numbers of foreign language 
teachers who participate in content-based profes-
sional development activities. 
‘‘(g) REPORT.—Each eligible partnership receiving a 
grant under this section shall annually report to the Sec-
retary regarding the eligible partnership’s progress in 
meeting the performance objectives described in sub-
section (f). 
‘‘(h) TERMINATION.—If the Secretary determines 
that an eligible partnership is not making substantial 
progress in meeting the performance objectives described 
in subsection (f) by the end of the third year of a grant 
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452 
under this section, the grant payments shall not be made 
for the fourth and fifth year of the grant. 
‘‘(i) AUTHORIZATION
OF
APPROPRIATIONS.—To 
carry out this part, there are authorized to be appro-
priated such sums for fiscal year 2009 and such sums as 
may be necessary for each of the 4 succeeding fiscal 
years.’’. 
SEC. 605. EVALUATION, OUTREACH, AND DISSEMINATION. 
Part D of title VI is amended by inserting after sec-
tion 641 (20 U.S.C. 1132), as redesignated by section 604 
of this Act, the following new section: 
‘‘SEC. 642. EVALUATION, OUTREACH, AND DISSEMINATION. 
‘‘The Secretary may use not more than one percent 
of the funds made available for this title for program eval-
uation, national outreach, and information dissemination 
activities.’’. 
SEC. 606. STUDENT SAFETY. 
Part D of title VI is amended by inserting after sec-
tion 642 (as added by section 605 of this Act) the fol-
lowing new section: 
‘‘SEC. 643. STUDENT SAFETY. 
‘‘Applicants seeking funds under this title to support 
student travel and study abroad shall submit as part of 
their grant application a description of safety policies and 
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453 
procedures for students participating in the program while 
abroad.’’. 
SEC. 607. SCIENCE AND TECHNOLOGY ADVANCED FOREIGN 
LANGUAGE EDUCATION GRANT PROGRAM. 
Part D of title VI is amended by inserting after sec-
tion 642 (as added by section 606 of this Act) the fol-
lowing new section: 
‘‘SEC. 644. SCIENCE AND TECHNOLOGY ADVANCED FOR-
EIGN LANGUAGE EDUCATION GRANT PRO-
GRAM. 
‘‘(a) PURPOSE.—It is the purpose of this section to 
support programs in colleges and universities that— 
‘‘(1) encourage students to develop— 
‘‘(A) an understanding of science and tech-
nology; and 
‘‘(B) foreign language proficiency; and 
‘‘(2) foster future international scientific col-
laboration. 
‘‘(b) DEVELOPMENT.—The Secretary of Education 
shall develop a program for the awarding of grants to in-
stitutions of higher education that develop innovative pro-
grams for the teaching of foreign languages. 
‘‘(c) REGULATIONS AND REQUIREMENTS.—The Sec-
retary of Education shall promulgate regulations for the 
awarding of grants under subsection (b). Such regulations 
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454 
shall require institutions of higher education to use grant 
funds for, among other things— 
‘‘(1) the development of an on-campus cultural 
awareness program by which students attend classes 
taught in the foreign language and study the science 
and technology developments and practices in a non- 
English speaking country; 
‘‘(2) immersion programs where students take 
science or technology related course work in a non- 
English speaking country; and 
‘‘(3) other programs, such as summer work-
shops, that emphasize the intense study of a foreign 
language and science technology. 
‘‘(d) GRANT DISTRIBUTION.—In distributing grants 
to institutions of higher education under this section, the 
Secretary of Education shall give priority to— 
‘‘(1) institutions that have programs focusing 
on curricula that combine the study of foreign lan-
guages and the study of science and technology and 
produce graduates who have both skills; and 
‘‘(2) institutions teaching critical languages 
such as Arabic, Korean, Chinese, Pashto, Persian- 
Farsi, Serbian-Croatian, Japanese, Russian, Por-
tuguese, and any language identified by the Sec-
retary of Education, in consultation with the De-
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455 
fense Language Institute, the Foreign Service Insti-
tute, the National Science Foundation, and the Na-
tional Security Education Program, as a critical for-
eign language need. 
‘‘(e) SCIENCE.—In this section, the term ‘science’ 
means any of the natural and physical sciences including 
chemistry, biology, physics, and computer science. Such 
term does not include any of the social sciences. 
‘‘(f) APPROPRIATIONS AUTHORIZED.—To carry out 
this section, there are authorized to be appropriated such 
sums for fiscal year 2009 and such sums as may be nec-
essary for each subsequent fiscal year.’’. 
SEC. 608. REPORTING BY INSTITUTIONS. 
Part D of title VI (20 U.S.C. 1122) is amended by 
adding at the end the following new section: 
‘‘SEC. 645. REPORTING BY INSTITUTIONS. 
‘‘(a) APPLICABILITY.—The data requirement in sub-
section (b) shall apply to an institution of higher education 
that receives funds under this title if the amount of cash, 
or the fair market value, or both, of the contributions by 
any foreign government or private sector corporation, 
foundation, or any other entity or individual (excluding do-
mestic government entities) during any fiscal year for the 
institution, programs, or centers receiving funds under 
this title, exceeds $1,000,000 in the aggregate. 
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456 
‘‘(b) DATA REQUIRED.—The Secretary shall require 
of each institution to which this paragraph applies under 
subsection (a), as part of the Integrated Postsecondary 
Education Data System (IPEDS) annual data collection, 
that such institution include the following data: 
‘‘(1) the names and addresses of any such for-
eign government or private sector corporation, foun-
dation, or any other entity or individual that contrib-
uted such amount of cash or such fair market value 
of other property; and 
‘‘(2) the amount of such cash or the fair mar-
ket value of such property. 
‘‘(c) EXEMPTION FROM REPORTING.—The Secretary 
may, at the request of the donor, exempt domestic donors 
who make anonymous donations from the institutional re-
porting requirement of subsection (b)(1) to preserve the 
anonymity of their contribution. The data of institutions 
shall identify such donors as ‘anonymous’. This exemption 
does not apply to non-domestic donations. 
‘‘(d) DEADLINE.—Any report under subsection (b) 
shall be made no later than such date as the Secretary 
shall require. 
‘‘(e) CONSEQUENCES OF FAILURE TO REPORT.—In 
the case of any institution from which a report is re-
quested under subsection (b), if the Secretary does not re-
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457 
ceive a report in accordance with the deadline established 
under subsection (d), the Secretary shall— 
‘‘(1) make a determination that the institution 
of higher education has failed to make the report re-
quired by this paragraph; 
‘‘(2) transmit a notice of the determination to 
Congress; and 
‘‘(3) publish in the Federal Register a notice of 
the determination and the effect of the determina-
tion on the eligibility of the institution of higher 
education for contracts and grants under this title.’’. 
SEC. 609. FEDERAL FOREIGN LANGUAGE EDUCATION MAR-
KETING CAMPAIGN. 
The Secretary of Education shall establish a foreign 
language education marketing campaign to encourage stu-
dents at secondary schools and institutions of higher edu-
cation to study foreign languages, particularly languages 
that are less commonly taught and critical to the national 
security of the United States. 
TITLE VII—TITLE VII 
AMENDMENTS 
SEC. 701. JAVITS FELLOWSHIP PROGRAM. 
(a) AUTHORITY AND TIMING OF AWARDS.—Section 
701(a) (20 U.S.C. 1132a(a)) is amended by inserting 
after the second sentence the following: ‘‘For purposes of 
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458 
the exception in the preceding sentence, a master’s degree 
in fine arts shall be considered a terminal degree.’’. 
(b) INTERRUPTIONS OF STUDY.—Section 701(c) (20 
U.S.C. 1134(c)) is amended by adding at the end the fol-
lowing new sentence: ‘‘In the case of other exceptional cir-
cumstances, such as active duty military service or per-
sonal or family member illness, the institution of higher 
education may also permit the fellowship recipient to in-
terrupt periods of study for the duration of the tour of 
duty (in the case of military service) or not more than 
12 months (in any other case), but without payment of 
the stipend.’’. 
(c) 
ALLOCATION
OF
FELLOWSHIPS.—Section 
702(a)(1) (20 U.S.C. 1134a(a)(1)) is amended— 
(1) in the first sentence, by inserting ‘‘from di-
verse geographic regions’’ after ‘‘higher education’’; 
and 
(2) by adding at the end the following new sen-
tence: ‘‘The Secretary shall also assure that at least 
one representative appointed to the Board represents 
an institution that is eligible for a grant under title 
III or V of this Act.’’. 
(d) STIPENDS.—Section 703 (20 U.S.C. 1134b(a)) is 
amended— 
(1) in subsection (a)— 
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459 
(A) by striking ‘‘1999–2000’’ and inserting 
‘‘2009–2010’’; and 
(B) by striking ‘‘Foundation graduate fel-
lowships’’ and inserting ‘‘Foundation Graduate 
Research Fellowship Program on February 1 of 
such academic year’’; and 
(2) in subsection (b), by amending paragraph 
(1)(A) to read as follows: 
‘‘(1) IN GENERAL.—(A) The Secretary shall (in 
addition to stipends paid to individuals under this 
subpart) pay to the institution of higher education, 
for each individual awarded a fellowship under this 
subpart at such institution, an institutional allow-
ance. Except as provided in subparagraph (B), such 
allowance shall be, for 2009–2010 and succeeding 
academic years, the same amount as the institu-
tional payment made for 2008–2009 adjusted for 
2009–2010 and annually thereafter in accordance 
with inflation as determined by the Department of 
Labor’s Consumer Price Index for All Urban Con-
sumers for the previous calendar year.’’. 
(e) AUTHORIZATION OF APPROPRIATIONS.—Section 
705 (20 U.S.C. 1134d) is amended by striking ‘‘1999’’ 
and inserting ‘‘2009’’. 
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460 
SEC. 702. GRADUATE ASSISTANCE IN AREAS OF NATIONAL 
NEED. 
(a) DESIGNATION OF AREAS OF NATIONAL NEED; 
PRIORITY.—Section 712 (20 U.S.C. 1135a) is amended— 
(1) in the last sentence of subsection (b)— 
(A) by striking ‘‘and an assessment’’ and 
inserting ‘‘an assessment’’; and 
(B) by inserting before the period at the 
end the following: ‘‘, and the priority described 
in subsection (c) of this section’’; and 
(2) by adding at the end the following new sub-
section: 
‘‘(c) PRIORITY.—The Secretary shall establish a pri-
ority for grants in order to prepare individuals for the pro-
fessorate who will train highly-qualified elementary and 
secondary math and science teachers, special education 
teachers, and teachers who provide instruction for limited 
English proficient individuals. Such grants shall offer pro-
gram assistance and graduate fellowships for— 
‘‘(1) post-baccalaureate study related to teacher 
preparation and pedagogy in math and science for 
students who have completed a master’s degree or 
are pursuing a doctorate of philosophy in math and 
science; 
‘‘(2) post-baccalaureate study related to teacher 
preparation and pedagogy in special education and 
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461 
English language acquisition and academic pro-
ficiency for limited English proficient individuals; 
and 
‘‘(3) support of dissertation research in the 
fields of math, science, special education, or second 
language pedagogy and second language acquisi-
tion.’’. 
(b) COLLABORATION REQUIRED FOR CERTAIN AP-
PLICATIONS.—Section 713(b) (20 U.S.C. 1135b) is 
amended— 
(1) by striking ‘‘and’’ at the end of paragraph 
(9); 
(2) by redesignating paragraph (10) as para-
graph (11); and 
(3) by inserting after paragraph (9) the fol-
lowing new paragraph: 
‘‘(10) in the case of an application from a de-
partment, program, or unit in education or teacher 
preparation, provide assurances that such depart-
ment, program, or unit will collaborate with depart-
ments, programs, or units in all content areas to en-
sure a successful combination of training in both 
teaching and such content; and’’. 
(c) STIPENDS.—Section 714(b) (20 U.S.C. 1135c(b)) 
is amended— 
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462 
(1) by striking ‘‘1999–2000’’ and inserting 
‘‘2009–2010’’; and 
(2) by striking ‘‘Foundation graduate fellow-
ships’’ and inserting ‘‘Foundation Graduate Re-
search Fellowship Program on February 1 of such 
academic year’’. 
(d) ADDITIONAL ASSISTANCE.—Section 715(a)(1) 
(20 U.S.C. 1135d(a)(1)) is amended— 
(1) by striking ‘‘1999–2000’’ and inserting 
‘‘2009–2010’’; 
(2) by striking ‘‘1998–1999’’ and inserting 
‘‘2008–2009’’; and 
(3) by inserting ‘‘for All Urban Consumers’’ 
after ‘‘Price Index’’. 
(e) AUTHORIZATION OF APPROPRIATIONS.—Section 
716 (20 U.S.C. 1135e) is amended by striking ‘‘1999’’ 
and inserting ‘‘2009’’. 
(f) TECHNICAL AMENDMENTS.—Section 714(c) (20 
U.S.C. 1135c(c)) is amended— 
(1) by striking ‘‘section 716(a)’’ and inserting 
‘‘section 715(a)’’; and 
(2) by striking ‘‘section 714(b)(2)’’ and insert-
ing ‘‘section 713(b)(2)’’. 
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463 
SEC. 703. THURGOOD MARSHALL LEGAL EDUCATIONAL OP-
PORTUNITY PROGRAM. 
(a) CONTRACT
AND GRANT PURPOSES.—Section 
721(c) (20 U.S.C. 1136(c)) is amended— 
(1) by amending paragraph (2) to read as fol-
lows: 
‘‘(2) to prepare such students for study at ac-
credited law schools and assist them with the devel-
opment of analytical skills and study methods to en-
hance their success and promote completion of law 
school;’’; 
(2) by striking ‘‘and’’ at the end of paragraph 
(4); 
(3) by striking the period at the end of para-
graph (5) and inserting ‘‘; and’’; and 
(4) by adding at the end the following new 
paragraph: 
‘‘(6) to award Thurgood Marshall Fellowships 
to eligible law school students— 
‘‘(A) who participated in summer institutes 
authorized by subsection (d) and who are en-
rolled in an accredited law school; or 
‘‘(B) who are eligible law school students 
who have successfully completed a comparable 
summer institute program certified by the 
Council on Legal Educational Opportunity.’’. 
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464 
(b) SERVICES PROVIDED.—Section 721(d)(1)(D) (20 
U.S.C. 1136(d)(1)(D)) is amended by inserting ‘‘in ana-
lytical skills and study methods’’ after ‘‘courses’’. 
(c) AUTHORIZATION OF APPROPRIATIONS.—Section 
721(h) (20 U.S.C. 1136(h)) is amended by striking 
‘‘1999’’ and inserting ‘‘2009’’. 
(d) GENERAL PROVISIONS.—Subsection (e) of section 
731 (20 U.S.C. 1137(e)) is repealed. 
SEC. 704. PATSY T. MINK FELLOWSHIP PROGRAM. 
Part A of title VII (20 U.S.C. 1134) is further 
amended— 
(1) by redesignating subpart 4 as subpart 5; 
(2) in section 731, by striking ‘‘subparts 1, 2, 
and 3’’ each place it appears in subsections (a), (b), 
and (d) and inserting ‘‘subparts 1 through 4’’; and 
(3) by inserting after subpart 3 the following 
new subpart: 
‘‘Subpart 4—Patsy T. Mink Fellowship Program 
‘‘SEC. 722. PATSY T. MINK FELLOWSHIPS. 
‘‘(a) PURPOSE; DESIGNATION.— 
‘‘(1) PURPOSE.—It is the purpose of this sub-
part to provide a program of fellowship awards to 
assist highly qualified minorities and women to ac-
quire the terminal masters degree or the doctorate 
degree in academic areas in which such individuals 
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465 
are underrepresented for the purpose of entering the 
higher education professoriate. 
‘‘(2) ELIGIBLE
INSTITUTIONS.—For purposes 
of this subpart, the term ‘eligible institution’ means 
an institution of higher education, or a consortium 
of such institutions, that offers a program of post- 
baccalaureate study leading to a graduate degree. 
‘‘(3) DESIGNATION.—Each recipient of a fellow-
ship award from an institution receiving a grant 
under this subpart shall be known as a ‘Patsy T. 
Mink Graduate Fellow’. 
‘‘(b) PROGRAM AUTHORIZED.— 
‘‘(1) GRANTS BY SECRETARY.— 
‘‘(A) IN
GENERAL.—The Secretary shall 
make grants to eligible institutions of higher 
education to enable such institutions to make 
fellowship awards to qualified students in ac-
cordance with the provisions of this subpart. 
‘‘(B) PRIORITY CONSIDERATION.—In mak-
ing grant awards under this subpart, the Sec-
retary shall consider the applicant institution’s 
prior experience in producing doctorates and 
terminal masters degree holders who are mi-
norities and females, and shall give priority con-
sideration in making grants under this subpart 
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466 
to those institutions with a demonstrated record 
of producing minorities and women who have 
earned such degrees. 
‘‘(2) 
DISTRIBUTION
AND
AMOUNTS
OF 
GRANTS.— 
‘‘(A) EQUITABLE DISTRIBUTION.—In mak-
ing such grants the Secretary shall, to the max-
imum extent feasible, ensure an equitable geo-
graphic distribution of awards and an equitable 
distribution among eligible public and private 
institutions of higher education that apply for 
grants under this subpart and that demonstrate 
the institution’s ability to achieve the purpose 
of this subpart. 
‘‘(B) SPECIAL
RULE.—To the maximum 
extent practical, the Secretary shall award at 
least 50 percent of the amount appropriated 
pursuant under this subpart to institutions of 
higher education eligible for assistance under ti-
tles III and V, or to consortia composed of oth-
erwise eligible institutions of higher education 
and such minority-serving institutions. 
‘‘(C) 
ALLOCATION.—In 
making 
such 
grants the Secretary shall, consistent with sub-
paragraphs (A) and (B), allocate appropriated 
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467 
funds to those institutions whose applications 
indicate their ability to significantly increase 
the numbers of minorities and women entering 
the higher education professoriate and that 
commit institutional resources to the attain-
ment of the purpose of this subpart. No grant 
made under this subpart shall support fewer 
than fifteen degree candidates consistent with 
(d)(2). 
‘‘(D) REALLOTMENT.—Whenever the Sec-
retary determines that an institution of higher 
education is unable to utilize all of the amounts 
made available to it under this subpart, the 
Secretary shall, on such dates during the fiscal 
year as the Secretary may determine, reallocate 
such unused amounts to institutions which 
demonstrate that they can use any reallocated 
grant funds to make fellowship awards to quali-
fied individuals under this subpart. 
‘‘(c) APPLICATIONS.— 
‘‘(1) APPLICATIONS
REQUIRED.—Any eligible 
institution of higher education offering a program of 
post-baccalaureate study leading to a graduate de-
gree that meets the purpose of this subpart may 
apply for a grant. Each such institution, or consor-
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468 
tium of eligible institutions (including those institu-
tions specified in subsection (b)(2)(B)) may make an 
application to the Secretary at such time, in such 
manner, and containing or accompanied by such in-
formation as the Secretary may reasonably require. 
‘‘(2) SELECTION OF APPLICATIONS.—In select-
ing applications for the making grants to institu-
tions of higher education, the Secretary shall— 
‘‘(A) take into account the number and 
distribution of minority and female faculty na-
tionally, as well as the current and projected 
need for highly-trained individuals in all areas 
of the higher education professoriate; 
‘‘(B) take into account the number and 
distribution of minority and female faculty na-
tionally, as well as the present and projected 
need for highly trained individuals in academic 
career fields in which minorities and women are 
underrepresented in the higher education pro-
fessoriate; and 
‘‘(C) consider the need to prepare a larger 
number of minorities and women generally in 
academic career fields of high national priority, 
especially in areas in which such individuals are 
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469 
traditionally underrepresented in college and 
university faculties. 
‘‘(d) FELLOWSHIP TERMS AND CONDITIONS.— 
‘‘(1) SELECTION OF FELLOWS.— 
‘‘(A) ELIGIBLE
APPLICANTS.—The Sec-
retary shall assure that, in awarding fellowships 
from funds made available under this subpart, 
grantee institutions make fellowship awards to 
individuals who plan to pursue a career in in-
struction at any institution of higher education 
that is eligible to participate in title IV pro-
grams. 
‘‘(B) 
ACADEMIC
PROGRESS.—Notwith-
standing subparagraph (A), no otherwise eligi-
ble student selected for support, shall receive a 
fellowship award— 
‘‘(i) during periods in which such stu-
dent is enrolled, unless such student is 
maintaining satisfactory academic progress 
in, and devoting essentially full-time to, 
study or research in the pursuit of the de-
gree for which the fellowship support was 
awarded; or 
‘‘(ii) if the student is engaged in gain-
ful employment other than part-time em-
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470 
ployment involved in teaching, research, or 
similar activity determined by the institu-
tion to be consistent with and supportive of 
the student’s progress toward the appro-
priate degree. 
‘‘(2) SERVICE REQUIREMENT.— 
‘‘(A) TEACHING REQUIRED.—Each Patsy 
T. Mink Graduate Fellow who earns the doc-
toral or terminal masters degree with assistance 
provided under this subpart shall teach at an 
eligible institution for one year for each year of 
fellowship assistance received under this sub-
part. 
‘‘(B) INSTITUTIONAL OBLIGATION.—Each 
institution which receives an award from the 
Secretary under this subpart, shall provide an 
assurance that it has inquired of and deter-
mined the fellowship recipient’s decision to, 
within 3 years of receiving the doctorate or ter-
minal masters degree, begin employment at an 
eligible institution of higher education as re-
quired by this subpart. 
‘‘(C) AGREEMENT
REQUIRED.—Prior to 
receiving the initial fellowship award, and upon 
the annual renewal or the fellowship award, a 
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471 
fellow shall sign an agreement with the Sec-
retary memorializing this commitment to enter 
the professoriate. 
‘‘(D) CONSEQUENCES OF FAILURE.—If a 
fellowship recipient fails to honor the service re-
quirement of this subsection, the Secretary 
shall— 
‘‘(i) require the individual to repay all 
or the applicable portion of the total fel-
lowship amount awarded to the individual 
by converting the balance due to a loan at 
the interest rate applicable to loans made 
under part B of title IV; or 
‘‘(ii) require the individual to pay an 
amount determined by the Secretary to be 
appropriate, except as provided in subpara-
graph (E). 
‘‘(E) MODIFIED SERVICE REQUIREMENT.— 
The Secretary may waive or modify the service 
requirement of this subsection based on regula-
tions, promulgated pursuant to and consistent 
with criteria which, determine that compliance 
with the service obligation by the fellowship re-
cipient would be inequitable and represent a 
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472 
substantial hardship. The Secretary may waive 
the service requirement if— 
‘‘(i) compliance by the fellowship re-
cipient would be deemed impossible be-
cause the individual is permanently and to-
tally disabled at the time of the waiver re-
quest; or 
‘‘(ii) compliance by the fellowship re-
cipient is based on documentation pre-
sented to the Secretary of substantial eco-
nomic or personal hardship, as determined 
in accordance with regulations prescribed 
by the Secretary. 
‘‘(3) AMOUNT OF FELLOWSHIP AWARDS.— 
‘‘(A) IN
GENERAL.—From the grants 
made pursuant to this subpart, eligible institu-
tions shall award stipends to individuals who 
are awarded fellowships under this subpart. 
Such stipends shall reflect the purpose of the 
program authorized by this subpart to encour-
age highly qualified minorities and women to 
pursue graduate study for the purpose of enter-
ing the higher education professoriate. 
‘‘(B) AWARDS BASED ON NEED.—Stipends 
shall be in an amount equal to the level of sup-
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473 
port provided by the National Science Founda-
tion graduate fellowships, except that such sti-
pend shall be adjusted as necessary so as not 
to exceed the fellow’s demonstrated need as de-
termined by the institution of higher education 
where the graduate student is enrolled. 
‘‘(4) INSTITUTIONAL PAYMENTS.— 
‘‘(A) IN GENERAL.—The Secretary shall, 
in addition to the amounts made available to in-
stitutions for stipends to individuals under this 
subpart, pay to grantee institutions of higher 
education, for each individual awarded a fellow-
ship under this subpart at such institution, an 
institutional allowance. Except as provided for 
in subparagraph (C), such allowance shall be, 
for academic year 2009–2010 and succeeding 
academic years, the same as the institutional 
payment made for that year under the Grad-
uate Assistance in Areas of National Need pro-
gram in subpart 2 of part A, and shall be ad-
justed annually thereafter in accordance with 
inflation as determined by the Department of 
Labor’s Consumer Price Index for the previous 
calendar year. 
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474 
‘‘(B) USE OF FUNDS.—Institutional pay-
ments may be expended in the discretion of the 
institution, except that such funds shall be used 
to provide academic support and career transi-
tion services for participating fellows. 
‘‘(C) REDUCTION.—The institutional al-
lowance paid under subparagraph (A) shall be 
reduced by the amount the institution charges 
and collects from a fellowship recipient for tui-
tion and other expenses as part of the institu-
tion’s instructional program. 
‘‘(D) USE FOR OVERHEAD PROHIBITED.— 
Funds made available pursuant to this subpart 
may not be used for general operational over-
head of the academic department or institution 
receiving funds under this subpart. 
‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There 
are authorized to appropriated such sums as may be nec-
essary for fiscal year 2009 and for each of the 4 suc-
ceeding fiscal years.’’. 
SEC. 705. FUND FOR THE IMPROVEMENT OF POSTSEC-
ONDARY EDUCATION. 
(a) CONTRACT
AND GRANT PURPOSES.—Section 
741(a) (20 U.S.C. 1138(a)) is amended— 
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475 
(1) by amending paragraph (1) to read as fol-
lows: 
‘‘(1) the encouragement of the reform and im-
provement of, and innovation in, postsecondary edu-
cation and the provision of educational opportunity 
for all, especially for the non-traditional student pop-
ulations;’’; 
(2) in paragraph (2), by inserting before the 
semicolon at the end the following: ‘‘for postsec-
ondary students, especially institutions, programs, 
and joint efforts that provide academic credit for 
programs’’; 
(3) by amending paragraph (3) to read as fol-
lows: 
‘‘(3) the establishment of institutions and pro-
grams based on the technology of communications, 
including delivery by distance education;’’; 
(4) by amending paragraph (6) to read as fol-
lows: 
‘‘(6) the introduction of institutional reforms 
designed to expand individual opportunities for en-
tering and reentering postsecondary institutions and 
pursuing programs of postsecondary study tailored 
to individual needs;’’; 
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476 
(5) by striking ‘‘and’’ at the end of paragraph 
(7); 
(6) by striking the period at the end of para-
graph (8) and inserting a semicolon; and 
(7) by adding at the end the following new 
paragraphs: 
‘‘(9) the assessment, in partnership with a pub-
lic or private nonprofit institution or agency, of the 
performance of teacher preparation programs within 
institutions of higher education in a State, using an 
assessment which provides comparisons across such 
schools within the State based upon indicators in-
cluding teacher candidate knowledge in subject areas 
in which such candidate has been prepared to teach; 
‘‘(10) the support of efforts to establish pilot 
programs and initiatives to help college campuses to 
reduce illegal downloading of copyrighted content, in 
order to improve the security and integrity of cam-
pus computer networks and save bandwidth costs; 
‘‘(11) the support of increased fire safety in 
student housing— 
‘‘(A) by establishing a demonstration in-
centive program for qualified student housing in 
institutions of higher education; 
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477 
‘‘(B) by making grants for the purpose of 
installing fire alarm detection, prevention, and 
protection technologies in student housing, dor-
mitories, and other buildings controlled by such 
entities; and 
‘‘(C) by requiring, as a condition of such 
grants— 
‘‘(i) that such technologies be installed 
professionally to technical standards of the 
National Fire Protection Association; and 
‘‘(ii) that the recipient shall provide 
non-Federal matching funds in an amount 
equal to the amount of the grant; 
‘‘(12) the assessment, in partnership with a 
consortium of higher education organizations, of the 
feasibility and potential design of an inter-institution 
monitoring organization on gender and racial equal-
ity in campus faculty and administration; 
‘‘(13) the provision of support and assistance to 
partnerships between institutions of higher education 
and secondary schools with at least 10 percent of 
their enrollment assessed as late-entering limited 
English proficient students to establish programs 
that result in increased secondary school graduation 
rates of limited-English proficient students and that 
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478 
increase the number of eligible late-entering limited- 
English proficient students who pursue postsec-
ondary education opportunities; 
‘‘(14) the provision of support and assistance 
for demonstration projects to provide comprehensive 
support services to ensure that homeless students, or 
students who were in foster care until the age of 18, 
enroll and succeed in postsecondary education, in-
cluding providing housing to such students during 
periods when housing at the institution of higher 
education is closed or generally unavailable to other 
students; 
‘‘(15) the support of efforts to work with 
501(c)(3) organizations and institutions of higher 
education that seek to promote cultural diversity in 
the entertainment media industry including through 
the training of students in production, marketing 
and distribution of culturally relevant content; and 
‘‘(16) the creation of consortia that join diverse 
institutions of higher education to design and offer 
curricular and co-curricular interdisciplinary pro-
grams at the undergraduate and graduate levels, 
sustained for not less than a 5 year period, that— 
‘‘(A) focus on poverty and human capa-
bility; and 
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479 
‘‘(B) include— 
‘‘(i) a service-learning component; and 
‘‘(ii) the delivery of educational serv-
ices through informational resource cen-
ters, summer institutes, midyear seminars, 
and other educational activities that stress 
the effects of poverty and how poverty can 
be alleviated through different career 
paths.’’. 
(b) SCHOLARSHIP PROGRAM FOR FAMILY MEMBERS 
OF VETERANS OR MEMBERS OF THE MILITARY; CENTER 
FOR BEST PRACTICES TO SUPPORT SINGLE PARENT 
STUDENTS.—Section 741 (20 U.S.C. 1138) is further 
amended by adding at the end the following new sub-
sections: 
‘‘(c) SCHOLARSHIP PROGRAM FOR FAMILY MEMBERS 
OF VETERANS OR MEMBERS OF THE MILITARY.— 
‘‘(1) AUTHORIZATION.—The Secretary shall 
contract with a nonprofit organization with dem-
onstrated experience in carrying out the activities 
described in this subsection to carry out a program 
to provide postsecondary education scholarships for 
eligible students. 
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480 
‘‘(2) ELIGIBLE STUDENTS.—In this subsection, 
the term ‘eligible student’ means an individual who 
is— 
‘‘(A)(i) a dependent student who is a child 
of— 
‘‘(I) an individual who is— 
‘‘(aa) serving on active duty dur-
ing a war or other military operation 
or national emergency (as defined in 
section 481); or 
‘‘(bb) performing qualifying Na-
tional Guard duty during a war or 
other military operation or national 
emergency (as defined in section 481); 
or 
‘‘(II) a veteran who died while serving 
or performing, as described in subclause 
(I), since September 11, 2001, or has been 
disabled while serving or performing, as 
described in subclause (I), as a result of 
such event; or 
‘‘(ii) an independent student who is a 
spouse of— 
‘‘(I) an individual who is— 
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481 
‘‘(aa) serving on active duty dur-
ing a war or other military operation 
or national emergency (as defined in 
section 481); or 
‘‘(bb) performing qualifying Na-
tional Guard duty during a war or 
other military operation or national 
emergency (as defined in section 481); 
or 
‘‘(II) a veteran who died while serving 
or performing, as described in subclause 
(I), since September 11, 2001, or has been 
disabled while serving or performing, as 
described in subclause (I), as a result of 
such event; and 
‘‘(B) enrolled as a full-time or part-time 
student at an institution of higher education (as 
defined in section 102). 
‘‘(3) AWARDING OF SCHOLARSHIPS.—Scholar-
ships awarded under this subsection shall be award-
ed based on need with priority given to eligible stu-
dents who are eligible to receive Federal Pell Grants 
under subpart 1 of part A of title IV. 
‘‘(4) MAXIMUM
SCHOLARSHIP
AMOUNT.—The 
maximum scholarship amount awarded to an eligible 
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482 
student under this subsection for an academic year 
shall be the lesser of— 
‘‘(A) the difference between the eligible 
student’s cost of attendance (as defined in sec-
tion 472) and any non-loan based aid such stu-
dent receives; or 
‘‘(B) $5,000. 
‘‘(5) AMOUNTS FOR SCHOLARSHIPS.—All of the 
amounts appropriated to carry out this subsection 
for a fiscal year shall be used for scholarships 
awarded under this subsection, except that a non-
profit organization receiving a contract under this 
subsection may use not more than 1 percent of such 
amounts for the administrative costs of the contract. 
‘‘(d) CENTER FOR BEST PRACTICES TO SUPPORT 
SINGLE PARENT STUDENTS.— 
‘‘(1) PROGRAM AUTHORIZED.—The Secretary is 
authorized to award 1 grant or contract to an insti-
tution of higher education to enable such institution 
to establish and maintain a center to study and de-
velop best practices for institutions of higher edu-
cation to support single parents who are also stu-
dents attending such institutions. 
‘‘(2) INSTITUTION REQUIREMENTS.—The Sec-
retary shall award the grant or contract under this 
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483 
subsection to a 4-year institution of higher education 
that has demonstrated expertise in the development 
of programs to assist single parents who are stu-
dents at institutions of higher education, as shown 
by the institution’s development of a variety of tar-
geted services to such students, including on-campus 
housing, child care, counseling, advising, internship 
opportunities, financial aid, and financial aid coun-
seling and assistance. 
‘‘(3) CENTER ACTIVITIES.—The center funded 
under this section shall— 
‘‘(A) assist institutions implementing inno-
vative programs that support single parents 
pursuing higher education; 
‘‘(B) study and develop an evaluation pro-
tocol for such programs that includes quan-
titative and qualitative methodologies; 
‘‘(C) provide appropriate technical assist-
ance regarding the replication, evaluation, and 
continuous improvement of such programs; and 
‘‘(D) develop and disseminate best prac-
tices for such programs.’’. 
(c) PROHIBITION.—Section 741 is further amended 
by adding after subsection (c) (as added by subsection (b) 
of this section) the following new subsection: 
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484 
‘‘(d) PROHIBITION.—No funds made available under 
this part may be used to provide financial assistance to 
students who do not meet the requirements of section 
484(a)(5).’’. 
(d) TECHNICAL AMENDMENTS.—Part B of title VII 
(20 U.S.C. 1038 et seq.) is further amended— 
(1) in section 742 (20 U.S.C. 1138a)— 
(A) in subsection(b)— 
(i) by striking out ‘‘(1) IN
GEN-
ERAL.—’’; and 
(ii) by striking paragraph (2); 
(B) in subsection (c), by striking out ‘‘and 
the Director’’ each place it appears; and 
(C) in subsection (d), by striking out ‘‘Di-
rector’’ and inserting ‘‘Secretary’’; 
(2) in section 743 (20 U.S.C. 1138b)— 
(A) by striking out ‘‘(a) Technical Employ-
ees.—’’; and 
(B) by striking subsection (b); and 
(3) in section 744(a) (20 U.S.C. 1138c(a)), by 
striking out ‘‘Director’’ each place it appears and in-
serting ‘‘Secretary’’. 
(e) AREAS OF NATIONAL NEED.—Section 744(c) (20 
U.S.C. 1138c(c)) is amended by adding at the end the 
following: 
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485 
‘‘(5) Establishment of academic programs in-
cluding graduate and undergraduate courses, semi-
nars and lectures, support of research, and develop-
ment of teaching materials for the purpose of sup-
porting faculty and academic programs that teach 
traditional American history (including significant 
constitutional, political, intellectual, economic, diplo-
matic, and foreign policy trends, issues, and docu-
ments; the history, nature, and development of 
democratic institutions of which American democ-
racy is a part; and significant events and individuals 
in the history of the United States).’’. 
(f) AUTHORIZATION OF APPROPRIATIONS.—Section 
745 (20 U.S.C. 1138d) is amended by striking 
‘‘$30,000,000 for fiscal year 1999 and such sums as may 
be necessary for each of the 4 succeeding fiscal years’’ and 
inserting ‘‘$40,000,000 for fiscal year 2009 and such 
sums as may be necessary for each of the 4 succeeding 
fiscal years’’. 
SEC. 706. URBAN-SERVING RESEARCH INSTITUTIONS. 
Part C of title VII (20 U.S.C. 1139 et seq.) is amend-
ed to read as follows: 
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486 
‘‘PART C—URBAN-SERVING RESEARCH 
INSTITUTIONS 
‘‘SEC. 751. PURPOSE; PROGRAM AUTHORIZED. 
‘‘(a) PURPOSE.—It is the purpose of this part to pro-
vide incentives to urban-serving research institutions to 
enable such institutions to expand research knowledge and 
to develop and implement initiatives in partnership with 
community-based organizations and other public or non-
profit private entities to strengthen city economies, foster 
innovation and opportunity, and solve urban challenges. 
‘‘(b) PROGRAM AUTHORIZED.—The Secretary is au-
thorized to award grants to urban-serving research univer-
sities to enable such institutions to carry out the activities 
described in section 753 in accordance with the provisions 
of this part. 
‘‘SEC. 752. APPLICATION FOR URBAN-SERVING RESEARCH 
UNIVERSITY GRANTS. 
‘‘(a) APPLICATION.—An urban-serving research uni-
versity seeking assistance under this part shall submit to 
the Secretary an application at such time, in such manner, 
and containing such information as the Secretary may rea-
sonably require. 
‘‘(b) PRIORITY IN SELECTION OF APPLICATIONS.— 
The Secretary shall give priority to applications that pro-
pose to conduct joint projects supported by other local, 
State, and Federal programs. In addition, the Secretary 
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487 
shall give priority to urban-serving research universities 
with a demonstrated record of effective engagement in 
serving the communities in which such institutions are lo-
cated. 
‘‘SEC. 753. ALLOWABLE ACTIVITIES. 
‘‘An urban-serving research university shall use funds 
awarded under this part to further develop and apply re-
search findings to the development, implementation, and 
ongoing evaluation of— 
‘‘(1) systemic initiatives with elementary and 
secondary schools, and other educational organiza-
tions designed to— 
‘‘(A) improve teacher quality and reten-
tion; or 
‘‘(B) develop strategies to improve post- 
secondary and workplace readiness, particularly 
in fields related to science, technology, engineer-
ing, and mathematics; 
‘‘(2) innovative economic revitalization efforts 
in conjunction with community-based organizations 
and other public or nonprofit private entities; or 
‘‘(3) public health outreach, education, and 
intervention activities designed to reduce health dis-
parities in urban areas, in partnership with commu-
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488 
nity-based organizations and other public or non-
profit private entities. 
‘‘SEC. 754. DEFINITIONS. 
‘‘As used in this part: 
‘‘(1) URBAN
AREA.—The term ‘urban area’ 
means a city with a population of not less than 
200,000 within a metropolitan statistical area. 
‘‘(2) 
URBAN-SERVING
RESEARCH
UNIVER-
SITY.—The term ‘urban-serving research university’ 
means a public institution of higher education 
that— 
‘‘(A) meets the requirements of section 
101 of this Act; 
‘‘(B) is located in an urban area; 
‘‘(C) has the capacity to conduct applicable 
research, as demonstrated by awarding more 
than 10 doctoral degrees per academic year; 
‘‘(D) draws a substantial portion of its stu-
dents from the urban area in which such insti-
tution is located; and 
‘‘(E) has demonstrated and sustained a 
sense of responsibility to such urban area and 
the people of such area. 
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489 
‘‘SEC. 755. AUTHORIZATION OF APPROPRIATIONS. 
‘‘There are authorized to be appropriated to carry out 
this part $50,000,000 for fiscal year 2009 and such sums 
as may be necessary for each of the 4 succeeding fiscal 
years.’’. 
SEC. 707. PROGRAMS TO ENSURE STUDENTS WITH DISABIL-
ITIES RECEIVE A QUALITY HIGHER EDU-
CATION. 
(a) SERVING ALL STUDENTS WITH DISABILITIES.— 
Section 762(a) (20 U.S.C. 1140a(a)) is amended by strik-
ing ‘‘students with learning disabilities’’ and inserting 
‘‘students with disabilities’’. 
(b) AUTHORIZED ACTIVITIES.— 
(1) AMENDMENT.—Section 762(b)(2) is amend-
ed— 
(A) in subparagraph (A)— 
(i) by inserting ‘‘, including methods 
and strategies consistent with the prin-
ciples of universal design for learning’’ 
after ‘‘strategies’’; and 
(ii) by inserting ‘‘in order to improve 
retention and completion’’ after ‘‘disabil-
ities’’; 
(B) by redesignating subparagraphs (B) 
and (C) as subparagraphs (C) and (E), respec-
tively; 
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490 
(C) by inserting after subparagraph (A) 
the following new subparagraph: 
‘‘(B) 
EFFECTIVE
TRANSITION
PRAC-
TICES.—The development of innovative, effec-
tive, and efficient teaching methods and strate-
gies to ensure the smooth transition of students 
with disabilities from high school to postsec-
ondary education.’’; and 
(D) by inserting after subparagraph (C) 
(as redesignated by subparagraph (B) of this 
paragraph) the following new subparagraph: 
‘‘(D) DISTANCE LEARNING.—The develop-
ment of innovative, effective, and efficient 
teaching methods and strategies to provide fac-
ulty and administrators with the ability to pro-
vide accessible distance education programs or 
classes that would enhance access of students 
with disabilities to higher education, including 
the use of accessible electronic communication 
for instruction and advisement. 
‘‘(E) ACCESSIBILITY
OF
EDUCATION.— 
Making postsecondary education more acces-
sible to students with disabilities through use of 
accessible instructional materials and cur-
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491 
riculum development, consistent with the prin-
ciples of universal design for learning.’’. 
(2) REPORT.—Section 762 is further amended 
by adding at the end the following new subsection: 
‘‘(d) REPORT.—Not later than 3 years after the date 
of enactment of the College Opportunity and Affordability 
Act of 2007, the Secretary shall prepare and disseminate 
a report reviewing the activities of the demonstration 
projects authorized under this subpart and providing guid-
ance and recommendations on how successful projects can 
be replicated.’’. 
(3) 
CONFORMING
AMENDMENT.—Section 
762(b)(3) is amended by striking ‘‘subparagraphs 
(A) through (C)’’ and inserting ‘‘subparagraphs (A) 
through (F)’’. 
(c) APPLICATIONS.—Section 763 (20 U.S.C. 1140b) 
is amended— 
(1) by amending paragraph (1) to read as fol-
lows: 
‘‘(1) a description of how such institution plans 
to address the activities allowed under this part;’’; 
(2) in paragraph (2)— 
(A) by striking ‘‘institution to develop’’ 
and inserting ‘‘institution, including students 
with disabilities, to develop’’; and 
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492 
(B) by striking ‘‘and’’ at the end; 
(3) by striking the period at the end of para-
graph (3) and inserting ‘‘; and’’; and 
(4) by adding at the end the following new 
paragraph: 
‘‘(4) a description of the extent to which an in-
stitution will work to replicate the best practices of 
institutions of higher education with demonstrated 
success in serving students with disabilities.’’. 
(d) AUTHORIZATION OF APPROPRIATIONS FOR DEM-
ONSTRATION PROJECTS TO ENSURE STUDENTS WITH 
DISABILITIES
RECEIVE
A
QUALITY
HIGHER
EDU-
CATION.—Section 765 (20 U.S.C. 1140d) is amended by 
striking ‘‘1999’’ and and inserting ‘‘2009’’. 
(e) NATIONAL TECHNICAL ASSISTANCE CENTER; 
COMMISSION ON ACCESSIBLE MATERIALS; PROGRAMS TO 
SUPPORT IMPROVED ACCESS TO MATERIALS; TRANSITION 
PROGRAMS FOR STUDENTS WITH INTELLECTUAL DIS-
ABILITIES; COORDINATING CENTER.—Part D of title VII 
(20 U.S.C. 1140 et seq.) is further amended— 
(1) in the part heading, by striking ‘‘DEM-
ONSTRATION
PROJECTS’’ and inserting ‘‘PRO-
GRAMS’’; 
(2) by inserting after the part heading the fol-
lowing: 
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493 
‘‘Subpart 1—Quality Higher Education’’; 
and 
(3) by adding at the end the following: 
‘‘Subpart 2—National Technical Assistance Center; 
Commission on Accessible Materials; Programs 
to Support Improved Access to Materials 
‘‘SEC. 766. NATIONAL CENTER. 
‘‘(a) PURPOSE.—It is the purpose of this subpart to 
support the development of a national center to provide 
information and technical assistance for students with dis-
abilities to improve the post-secondary recruitment, reten-
tion, and completion success rates of such students. 
‘‘(b) ESTABLISHMENT
AND SUPPORT.—The Sec-
retary shall, by grant, contract, or cooperative agreement 
with an eligible entity or partnership of two or more eligi-
ble entities, provide for the establishment and support of 
a National Center for Information and Technical Support 
for Post-Secondary Students with Disabilities (hereinafter 
in this subpart referred to as the ‘Center’) which shall 
carry out the duties set forth in subsection (d). 
‘‘(c) ELIGIBLE ENTITY.—In this subpart, the term 
‘eligible entity’ means an institution of higher education 
or a private nonprofit organization with demonstrated ex-
pertise in— 
‘‘(1) supporting postsecondary students with 
disabilities; 
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494 
‘‘(2) technical knowledge necessary for the ac-
cessible dissemination of information; and 
‘‘(3) working with a diverse range of types of 
institutions of higher education, including commu-
nity colleges. 
‘‘(d) DUTIES.—The duties of a National Center for 
Information and Technical Support for Post-Secondary 
Students with Disabilities shall include the following: 
‘‘(1) ASSISTANCE
TO
STUDENTS
AND
FAMI-
LIES.—The Center shall provide information and 
technical assistance to students with disabilities, 
their families, and disability support service per-
sonnel related to practices supporting students 
across a broad spectrum of disabilities, including— 
‘‘(A) information to assist prospective stu-
dents with disabilities in planning their postsec-
ondary academic career while they are in middle 
and secondary school; 
‘‘(B) research-based supports, services, and 
accommodations which are available in postsec-
ondary settings, including services provided by 
other agencies such as vocational rehabilitation; 
‘‘(C) information on student mentoring 
and networking opportunities; and 
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495 
‘‘(D) successful recruitment and transition 
programs in existence in postsecondary institu-
tions. 
‘‘(2) ASSISTANCE TO INSTITUTIONS OF HIGHER 
EDUCATION.—The Center shall provide information 
and technical assistance to faculty, staff, and admin-
istrators of institutions of higher education to im-
prove the services provided to, accommodations for, 
retention rates of, and completion rates of student 
with disabilities in higher education settings, which 
may include— 
‘‘(A) collection and dissemination of prom-
ising practices and materials for accomodation 
and support of students with disablities; 
‘‘(B) development and provision of training 
modules for higher education faculty on exem-
plary practices for accomodating and sup-
porting students with disabilities across a range 
of academic fields; or 
‘‘(C) development of internet-based tuto-
rials for faculty, including graduate teaching 
assistants and new faculty, on promising prac-
tices related to support and retention of stu-
dents with disabilities in postsecondary edu-
cation. 
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496 
‘‘(3) INFORMATION COLLECTION AND DISSEMI-
NATION.—The Center shall be responsible for build-
ing and maintaining a database of disability support 
services information with respect to institutions of 
higher education, which shall be available to the gen-
eral public through a website built to the highest 
technical standards of accessibility currently prac-
ticable for the broad spectrum of individuals with 
disabilities. Such database and website shall include 
information on— 
‘‘(A) disability documentation require-
ments; 
‘‘(B) support services available; 
‘‘(C) links to financial aid; 
‘‘(D) accommodations policies; 
‘‘(E) accessible instructional materials; 
‘‘(F) other topics relevant to students with 
disabilities and prospective students with dis-
abilities; and 
‘‘(G) the information in the report de-
scribed in paragraph (5). 
‘‘(4) PROFESSIONAL
STANDARDS
FOR
DIS-
ABILITY
SUPPORT
PERSONNEL.—The Center shall 
consolidate and disseminate information with respect 
to professional standards in existence for disability 
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497 
support services personnel and offices in institutions 
of higher education and shall convene a panel of ex-
perts to create and disseminate professional stand-
ards for such personnel and offices. 
‘‘(5) REVIEW AND REPORT.—The Center shall 
annually prepare and disseminate a report analyzing 
the current condition of postsecondary success for 
students with disabilities. Such report shall in-
clude— 
‘‘(A) a review of the activities of the pro-
grams authorized under ths part; 
‘‘(B) enrollment and graduation rates of 
students with disabilities in institutions of high-
er education; 
‘‘(C) guidance on how successful postsec-
ondary supports and services for students with 
disabilities could be widely implemented at in-
stitutions of higher education; 
‘‘(D) guidance on how to reduce barriers to 
full participation for students with disabilities 
in higher education; and 
‘‘(E) activities necessary to facilitate a 
substantial improvement in the postsecondary 
success of such students. 
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498 
‘‘(e) STAFFING OF THE CENTER.—The Center shall 
employ disability support personnel with a proven exper-
tise in providing training and technical assistance to prac-
titioners. Such personnel shall provide technical assistance 
to individual colleges and universities seeking to provide 
appropriate supports and services to students with disabil-
ities to improve enrollment, retention and completion rates 
of such students. 
‘‘SEC. 766A. ESTABLISHMENT OF ADVISORY COMMISSION 
ON ACCESSIBLE INSTRUCTIONAL MATERIALS 
IN POSTSECONDARY EDUCATION FOR STU-
DENTS WITH DISABILITIES. 
‘‘(a) ESTABLISHMENT.— 
‘‘(1) IN GENERAL.—There is established a com-
mission to be known as the Advisory Commission on 
Accessible Instructional Materials in Postsecondary 
Education for Students with Disabilities, in this sub-
part referred to as ‘the Commission’. 
‘‘(2) MEMBERSHIP.— 
‘‘(A) The Commission shall be composed of 
at least one, but not more than two, representa-
tives of each of the following: 
‘‘(i) Department of Education Office 
of Postsecondary Education. 
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499 
‘‘(ii) Department of Education Office 
of Special Education and Rehabilitative 
Services. 
‘‘(iii) Library of Congress National 
Digital Information and Infrastructure 
Preservation Program Copyright Working 
Group. 
‘‘(iv) Association on Higher Education 
and Disability. 
‘‘(v) Association of American Pub-
lishers. 
‘‘(vi) Association of American Univer-
sity Presses. 
‘‘(vii) National Association of College 
Stores. 
‘‘(viii) National Council on Disability. 
‘‘(B) The Commission shall be composed of 
at least one but not more than two representa-
tives, as appointed by the Secretary, of each of 
the following: 
‘‘(i) Staff from institutions of higher 
education with demonstrated experience 
teaching or supporting students with print 
disabilities, representing each of the fol-
lowing: 
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500 
‘‘(I) Large public institution of 
higher education. 
‘‘(II) Small public institution of 
higher education. 
‘‘(III) Large private institution 
of higher education. 
‘‘(IV) Small private institution of 
higher education. 
‘‘(V) Large community college. 
‘‘(VI) Small community college. 
‘‘(ii) Producers of materials in special-
ized formats, including each of the fol-
lowing: 
‘‘(I) Braille. 
‘‘(II) 
Audio 
or 
synthesized 
speech. 
‘‘(III) Digital media. 
‘‘(iii) National membership organiza-
tions representing individuals with print 
disabilities, including each of the following: 
‘‘(I) Individuals with visual im-
pairments. 
‘‘(II) Individuals with learning 
disabilities related to reading. 
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501 
‘‘(iv) National organizations serving 
individuals with visual impairments that 
have demonstrated experience in tech-
nology evaluation research, academic pub-
lishing, production of material in accessible 
formats, and educational methodologies for 
such for individuals. 
‘‘(v) Post-secondary students with vis-
ual impairment. 
‘‘(vi) Post-secondary students with 
dyslexia or other print disabilities. 
‘‘(vii) Attorneys with expertise in 
copyright law. 
‘‘(C) DATE.—The appointments of the 
members of the Commission shall be made not 
later than 45 days after the date of enactment 
of this Act. 
‘‘(3) PERIOD OF APPOINTMENT; VACANCIES.— 
Members shall be appointed for the life of the Com-
mission. Any vacancy in the Commission shall not 
affect its powers, but shall be filled in the same 
manner as the original appointment. 
‘‘(4) INITIAL
MEETING.—Not later than 30 
days after the date on which all members of the 
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502 
Commission have been appointed, the Commission 
shall hold the Commission’s first meeting. 
‘‘(5) MEETINGS.—The Commission shall meet 
at the call of the Chairperson. 
‘‘(6) QUORUM.—A majority of the members of 
the Commission shall constitute a quorum, but a 
lesser number of members may hold hearings. 
‘‘(7) CHAIRPERSON AND VICE CHAIRPERSON.— 
The Commission shall select a chairperson and vice 
chairperson from among the members of the Com-
mission. 
‘‘(b) DUTIES OF THE COMMISSION.— 
‘‘(1) STUDY.— 
‘‘(A) IN GENERAL.—The Commission shall 
conduct a thorough study to assess the barriers, 
systemic issues, and technical solutions avail-
able which may affect or improve the timely de-
livery and quality of accessible instructional ma-
terials for post-secondary students, faculty, and 
staff with print disabilities, and make rec-
ommendations related to such study. 
‘‘(B) EXISTING INFORMATION.—To the ex-
tent practicable, in carrying out the study 
under this subsection, the Commission shall 
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503 
identify and use existing research, recommenda-
tions and information from— 
‘‘(i) the Model Demonstration Pro-
grams to Support Improved Access to 
Post-secondary Instructional Materials for 
Students with Print Disabilities, as de-
scribed in section 766B; 
‘‘(ii) the Advisory Council of the Na-
tional Instructional Materials Access Cen-
ter as defined in section 674(e) of the Indi-
viduals with Disabilities Education Act; 
‘‘(iii) the Library of Congress Na-
tional Digital Information and Infrastruc-
ture 
Preservation 
Program 
Copyright 
Working Group; 
‘‘(iv) Association of Higher Education 
and Disabilities E-Text Solutions Working 
Group; 
‘‘(v) Recording for the Blind and 
Dyslexic’s Technology Advisory Committee; 
‘‘(vi) Association of American Pub-
lishers Higher Education Division’s Crit-
ical Issues Task Force; and 
‘‘(vii) other existing research related 
to the creation and distribution of acces-
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504 
sible instructional materials for students 
with print disabilities. 
‘‘(C) RECOMMENDATIONS.—The Commis-
sion shall develop recommendations to be used 
to inform federal regulation and legislation, to 
identify best practices for systems of creating, 
collecting, maintaining, processing, and dissemi-
nating materials in specialized formats to eligi-
ble students, faculty, and staff while providing 
adequate copyright protections. In developing 
such recommendations, the Commission shall 
consider— 
‘‘(i) how to ensure that students with 
print disabilities may obtain instructional 
materials in accessible formats with a 
timeframe comparable to the availability of 
materials for students without disabilities; 
‘‘(ii) the feasibility and technical pa-
rameters of establishing national standard-
ized electronic file formats such as, but not 
limited to, the National Instructional Ma-
terials Accessibility Standard as defined in 
section 674(e)(3)(B) of the Individuals 
with Disabilities Education Act, to be pro-
vided by publishers of instructional mate-
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505 
rials to producers of specialized formats, 
institutions of higher education, and eligi-
ble students; 
‘‘(iii) the feasibility of the establish-
ment of national clearinghouse, repository, 
or file-sharing network for electronic files 
in specialized formats and files used in 
producing instructional materials in spe-
cialized formats and possible entities quali-
fied to administer such clearinghouse, re-
pository, or network; 
‘‘(iv) market-based solutions involving 
collaborations between publishers of in-
structional materials, producers of special-
ized formats, and institutions of higher 
education, including— 
‘‘(I) barriers and opportunities to 
market entry; 
‘‘(II) unique concerns affecting 
university presses, small publishers, 
and 
solutions 
incorporating 
such 
works into a shared system; and 
‘‘(III) solutions utilizing uni-
versal design; 
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506 
‘‘(v) solutions for low-incidence, high- 
cost requests for materials in specialized 
formats; and 
‘‘(vi) definitions of instructional mate-
rials, authorized entities, and eligible stu-
dents. 
‘‘(2) REPORT.—Not later than 24 months after 
the first meeting, the Commission shall submit a re-
port to the Secretary and to Congress that shall con-
tain a detailed statement of the findings and conclu-
sions of the Commission resulting from the study, 
together with the Commission’s recommendations for 
such legislation and administrative actions as the 
Commission considers to be appropriate. 
‘‘(3) FACILITATION OF EXCHANGE OF INFOR-
MATION.—In carrying out the study under sub-
section (a), the Commission shall, to the extent prac-
ticable, facilitate the exchange of information con-
cerning the issues that are the subject of the study 
among— 
‘‘(A) officials of the Federal Government; 
‘‘(B) educators from Federal, State, and 
local institutions of higher education and sec-
ondary schools; 
‘‘(C) publishers of instructional materials; 
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507 
‘‘(D) producers of materials in specialized 
formats; and 
‘‘(E) representatives from the community 
of individuals with print disabilities. 
‘‘(c) COMMISSION PERSONNEL MATTERS.— 
‘‘(1) 
COMPENSATION
OF
MEMBERS.—Each 
member of the Commission who is not an officer or 
employee of the Federal Government shall serve 
without compensation. All members of the Commis-
sion who are officers or employees of the United 
States shall serve without compensation in addition 
to that received for their services as officers or em-
ployees of the United States. 
‘‘(2) TRAVEL EXPENSES.—The members of the 
Commission shall be allowed travel expenses, includ-
ing per diem in lieu of subsistence, at rates author-
ized for employees of agencies under subchapter I of 
chapter 57 of title 5, United States Code, while 
away from their homes or regular places of business 
in the performance of services for the Commission. 
‘‘(3) STAFF.— 
‘‘(A) IN
GENERAL.—The Chairperson of 
the Commission may, without regard to the civil 
service laws and regulations, appoint and termi-
nate an executive director and such other addi-
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508 
tional personnel as may be necessary to enable 
the Commission to perform the Commission’s 
duties. The employment of an executive director 
shall be subject to confirmation by the Commis-
sion. 
‘‘(B) COMPENSATION.—The Chairperson 
of the Commission may fix the compensation of 
the executive director and other personnel with-
out regard to the provisions of chapter 51 and 
subchapter III of chapter 53 of title 5, United 
States Code, relating to classification of posi-
tions and General Schedule pay rates, except 
that the rate of pay for the executive director 
and other personnel may not exceed the rate 
payable for level V of the Executive Schedule 
under section 5316 of such title. 
‘‘(4) DETAIL OF GOVERNMENT EMPLOYEES.— 
Any Federal Government employee may be detailed 
to the Commission without reimbursement, and such 
detail shall be without interruption or loss of civil 
service status or privilege. 
‘‘(5) PROCUREMENT
OF
TEMPORARY
AND 
INTERMITTENT SERVICES.—The Chairperson of the 
Commission may procure temporary and intermit-
tent services under section 3109(b) of title 5, United 
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509 
States Code, at rates for individuals that do not ex-
ceed the daily equivalent of the annual rate of basic 
pay prescribed for level V of the Executive Schedule 
under section 5316 of such title. 
‘‘(d) TERMINATION
OF
THE
COMMISSION.—The 
Commission shall terminate on the date that is 90 days 
after the date on which the Commission submits the Com-
mission’s report under subsection (b)(2). 
‘‘SEC. 766B. MODEL DEMONSTRATION PROGRAMS TO SUP-
PORT 
IMPROVED 
ACCESS 
TO 
POST-SEC-
ONDARY INSTRUCTIONAL MATERIALS FOR 
STUDENTS WITH PRINT DISABILITIES. 
‘‘(a) PURPOSE.—It is the purpose of this section to 
support model demonstration programs to encourage the 
development of systems to improve the timely delivery and 
quality of post-secondary instructional materials in spe-
cialized formats to students with print disabilities, includ-
ing systems to improve efficiency and reduce duplicative 
efforts across multiple institutions of higher education. 
‘‘(b) IN GENERAL.—The Secretary shall, on a com-
petitive basis, award grants to, and enter into cooperative 
agreements with, a minimum of one partnership of two 
or more eligible entities to support the activities described 
in subsection (d) and (e). 
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510 
‘‘(c) PARTNERSHIP OF ELIGIBLE ENTITIES.—In this 
section, a partnership of two or more eligible entities— 
‘‘(1) shall include— 
‘‘(A) an institution of higher education 
with demonstrated expertise in meeting the 
needs of students with print disabilities, includ-
ing retention and completion of such students; 
and 
‘‘(B) a private entity with demonstrated 
expertise in working with the creation of acces-
sible instructional materials in specialized for-
mats for postsecondary students with print dis-
abilities and the technical development expertise 
necessary for the efficient dissemination of such 
materials, including procedures to protect 
against copyright infringement with respect to 
the creation, use, and distribution of print 
course materials in specialized formats; and 
‘‘(2) may include one or more publishers of in-
structional materials. 
‘‘(d) REQUIRED ACTIVITIES.—The Secretary shall 
support the development and implementation of the fol-
lowing activities: 
‘‘(1) processes and systems to help identify, and 
verify eligibility of, postsecondary students with 
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511 
print disabilities in need of instructional materials in 
specialized formats; 
‘‘(2) procedures and systems to facilitate and 
simplify request methods for accessible instructional 
materials in specialized formats from eligible stu-
dents, which may include a single point-of-entry sys-
tem; 
‘‘(3) development and implementation of proce-
dures and systems to coordinate between institutions 
of higher education, publishers of instructional mate-
rials, and entities that produce materials in special-
ized formats, to efficiently facilitate requests for 
such materials, the responses to such requests, and 
the delivery of such materials; 
‘‘(4) delivery systems that will ensure the timely 
provision of instructional materials in specialized 
formats to eligible students, which may include elec-
tronic file distribution; 
‘‘(5) systems to encourage reduction of duplica-
tive conversions of the same instructional materials 
for multiple eligible students at multiple institutions 
of higher education when such conversions may be 
shared; 
‘‘(6) procedures to protect against copyright in-
fringement with respect to the creation, use, and dis-
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512 
tribution of instructional materials while maintain-
ing accessibility for students with print disabilities, 
which may include digital technologies such as 
watermarking, fingerprinting, and other emerging 
strategies; 
‘‘(7) awareness, outreach, and training activi-
ties for faculty, staff and students related to the ac-
quisition and dissemination of instructional mate-
rials in specialized formats and instructional mate-
rials utilizing universal design; and 
‘‘(8) guidance on how successful procedures and 
systems as described in paragraphs (1) through (7) 
could be disseminated and implemented on a na-
tional basis. 
‘‘(e) AUTHORIZED ACTIVITIES.—The Secretary may 
support the development and implementation of the fol-
lowing activities: 
‘‘(1) approaches limited to instructional mate-
rials used in smaller categories of postsecondary 
courses, such as introductory, first-, and second-year 
courses; 
‘‘(2) market-based approaches for making in-
structional materials in specialized formats directly 
available to eligible students at prices comparable to 
standard instructional materials; 
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513 
‘‘(3) approaches supporting a unified search 
across multiple databases or lists of available mate-
rials. 
‘‘(f) APPLICATION.—A partnership of eligible entities 
that wishes to apply for the grant described shall submit 
an application for such grant at such time, in such manner 
and in such format as the Secretary may prescribe. The 
application shall include information on how the partner-
ships will implement activities under subsection (d) and, 
as applicable, subsection (e). 
‘‘(g) PRIORITY.—In awarding grants under this sec-
tion, the Secretary shall give priority consideration to any 
applications that include development and implementation 
of the activities described in subsection (e)(2) or (e)(3). 
‘‘(h) REPORT TO CONGRESS.—The Secretary shall 
submit annually to the authorizing committees of the 
House of Representatives and the Senate, a report that 
includes— 
‘‘(1) the number of grants and the amount of 
funds distributed under this section; 
‘‘(2) a summary of the purposes for which the 
grants were provided and an evaluation of the 
progress made under the grant; 
‘‘(3) a summary of the activities implemented 
as described in subsection (d) and, as applicable, 
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514 
subsection (e), including data on the number of stu-
dents served and the number of instructional mate-
rial requests executed and delivered in specialized 
formats; and 
‘‘(4) an evaluation of the effectiveness of pro-
grams funded under this section. 
‘‘(i) MODEL EXPANSION.—After three years, the Sec-
retary shall review the results of the evaluations of partici-
pating partnerships, as well as the Commission report as 
described in section 766A. If the Secretary finds that mod-
els used under this section are effective in improving the 
timely delivery and quality of materials in specialized for-
mats and provide adequate protections against copyright 
infringement, the Secretary may expand the demonstra-
tion program to additional grantees reflecting regional and 
programmatic partnerships. 
‘‘(j) MODEL EXPANSION SPECIAL RULE.—The Com-
mission’s recommendations shall be submitted to the Sec-
retary and a public comment period shall be issued prior 
to any expansion under subsection (i). No later than 90 
days after close of public comment period, the Secretary 
shall issue guidance to new and existing grantees, taking 
into consideration the final Commission recommendations 
and public comments. 
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515 
‘‘(k) RULE OF CONSTRUCTION.—Nothing in this sub-
part shall be construed to limit or preempt any State law 
requiring the production or distributiuon of post-sec-
ondary instructional materials in accessible formats to stu-
dents with disabilities. 
‘‘SEC. 766C. AUTHORIZATION OF APPROPRIATIONS. 
‘‘There are authorized to carry out this subpart such 
sums as may be necessary for fiscal year 2009 and each 
of the 4 succeeding fiscal years. 
‘‘Subpart 3—Transition Programs for Students With 
Intellectual Disabilities Into Higher Education; 
Coordinating Center 
‘‘SEC. 767. PURPOSE. 
‘‘The purpose of this subpart is to support model 
demonstration programs that promote the successful tran-
sition of students with intellectual disabilities into higher 
education. 
‘‘SEC. 768. DEFINITIONS. 
‘‘In this subpart: 
‘‘(1) COMPREHENSIVE TRANSITION AND POST-
SECONDARY PROGRAM FOR STUDENTS WITH INTEL-
LECTUAL DISABILITIES.—The term ‘comprehensive 
transition and postsecondary program for students 
with intellectual disabilities’ means a degree, certifi-
cate, or nondegree program that is— 
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516 
‘‘(A) offered by an institution of higher 
education; and 
‘‘(B) is described in section 484(s)(3). 
‘‘(2) STUDENT WITH AN INTELLECTUAL DIS-
ABILITY.—The term ‘student with an intellectual 
disability’ means a student who meets the criteria 
described in paragraphs (1) through (4) of section 
484(s). 
‘‘SEC. 769. MODEL COMPREHENSIVE TRANSITION AND 
POSTSECONDARY PROGRAMS FOR STUDENTS 
WITH INTELLECTUAL DISABILITIES. 
‘‘(a) GRANTS AUTHORIZED.— 
‘‘(1) IN GENERAL.—The Secretary shall annu-
ally award grants, on a competitive basis, to institu-
tions of higher education (or consortia of institutions 
of higher education), to create or expand high-qual-
ity, inclusive model comprehensive transition and 
postsecondary programs for students with intellec-
tual disabilities. 
‘‘(2) DURATION OF GRANTS.—A grant under 
this subsection shall be awarded for a period of 5 
years. 
‘‘(b) APPLICATION.—An institution of higher edu-
cation (or a consortium) desiring a grant under this sec-
tion shall submit an application to the Secretary at such 
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517 
time, in such manner, and containing such information as 
the Secretary may require. 
‘‘(c) PREFERENCE.—In awarding grants under this 
section, the Secretary shall give preference to institutions 
of higher education (or consortia) that— 
‘‘(1) will carry out a model program under the 
grant in a State that does not already have a com-
prehensive transition and postsecondary program for 
students with intellectual disabilities; or 
‘‘(2) in the application submitted under sub-
section (b), agree to incorporate 1 or more the fol-
lowing elements into the model programs carried out 
under the grant: 
‘‘(A) The formation of a partnership with 
any relevant agency serving students with intel-
lectual disabilities, such as a vocational rehabili-
tation agency. 
‘‘(B) In the case of an institution of higher 
education that provides institutionally owned or 
operated housing for students attending the in-
stitution, the integration of students with intel-
lectual disabilities into such housing. 
‘‘(C) The involvement of students attend-
ing the institution of higher education who are 
studying special education, general education, 
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518 
vocational rehabilitation, assistive technology, or 
related fields in the model program carried out 
under the grant. 
‘‘(d) USE OF FUNDS.—An institution of higher edu-
cation (or consortium) receiving a grant under this section 
shall use the grant funds to establish a model comprehen-
sive transition and postsecondary program for students 
with intellectual disabilities that— 
‘‘(1) serves students with intellectual disabil-
ities, including students with intellectual disabilities 
who are no longer eligible for special education and 
related services under the Individuals with Disabil-
ities Education Act; 
‘‘(2) provides individual supports and services 
for the academic and social inclusion of students 
with intellectual disabilities in academic courses, ex-
tracurricular activities, and other aspects of the in-
stitution of higher education’s regular postsecondary 
program; 
‘‘(3) with respect to the students with intellec-
tual disabilities participating in the model program, 
provides a focus on— 
‘‘(A) academic enrichment; 
‘‘(B) socialization; 
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519 
‘‘(C) independent living, including self-ad-
vocacy skills; and 
‘‘(D) integrated work experiences and ca-
reer skills that lead to gainful employment; 
‘‘(4) integrates person-centered planning in the 
development of the course of study for each student 
with an intellectual disability participating in the 
model program; 
‘‘(5) participates with the coordinating center 
established under section 770 in the evaluation of 
the model program; 
‘‘(6) partners with 1 or more local educational 
agencies to support the participation of students 
with intellectual disabilities in the model program 
who are still eligible for special education and re-
lated services under the Individuals with Disabilities 
Education Act, including regarding the utilization of 
funds available under part B of such Act for such 
students; 
‘‘(7) plans for the sustainability of the model 
program after the end of the grant period; and 
‘‘(8) creates and offers a meaningful credential 
for students with intellectual disabilities upon the 
completion of the model program. 
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520 
‘‘(e) MATCHING REQUIREMENT.—An institution of 
higher education that receives a grant under this section 
shall provide toward the cost of the model comprehensive 
transition and postsecondary program for students with 
intellectual disabilities carried out under the grant, match-
ing funds, which may be provided in cash or in-kind, in 
an amount not less than 25 percent of the amount of such 
grant funds. 
‘‘(f) REPORT.—Not later than 3 years after the date 
of enactment of the College Opportunity and Affordability 
Act of 2007, the Secretary shall prepare and disseminate 
a report to the authorizing committees and to the public 
that reviews the activities of the model comprehensive 
transition and postsecondary programs for students with 
intellectual disabilities authorized under this subpart and 
provides guidance and recommendations on how successful 
programs can be replicated. 
‘‘SEC. 770. COORDINATING CENTER FOR TECHNICAL AS-
SISTANCE, EVALUATION, AND DEVELOPMENT 
OF ACCREDITATION STANDARDS. 
‘‘(a) IN GENERAL.— 
‘‘(1) AWARD.—The Secretary shall, on a com-
petitive basis, enter into a cooperative agreement 
with an eligible entity, for the purpose of estab-
lishing a coordinating center for technical assistance, 
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521 
evaluation, and development of accreditation stand-
ards for institutions of higher education that offer 
inclusive model comprehensive transition and post-
secondary programs for students with intellectual 
disabilities. 
‘‘(2) DURATION.—The cooperative agreement 
under this section shall be for a period of 5 years. 
‘‘(b) REQUIREMENTS
OF
COOPERATIVE
AGREE-
MENT.—The eligible entity entering into a cooperative 
agreement under this section shall establish and maintain 
a center that shall— 
‘‘(1) serve as the technical assistance entity for 
all model comprehensive transition and postsec-
ondary programs for students with intellectual dis-
abilities assisted under section 769; 
‘‘(2) provide technical assistance regarding the 
development, evaluation, and continuous improve-
ment of such programs; 
‘‘(3) develop an evaluation protocol for such 
programs that includes qualitative and quantitative 
methodology measuring student outcomes and pro-
gram strengths in the areas of academic enrichment, 
socialization, independent living, and competitive or 
supported employment; 
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522 
‘‘(4) assist recipients of grants under section 
769 in efforts to award a meaningful credential to 
students with intellectual disabilities upon the com-
pletion of such programs, which credential takes into 
consideration unique State factors; 
‘‘(5) develop model criteria, standards, and pro-
cedures to be used in accrediting such programs 
that— 
‘‘(A) include, in the development of the 
model criteria, standards, and procedures for 
such programs, the participation of— 
‘‘(i) an expert in higher education; 
‘‘(ii) an expert in special education; 
‘‘(iii) a disability organization that 
represents students with intellectual dis-
abilities; and 
‘‘(iv) a State, regional, or national ac-
crediting agency or association recognized 
by the Secretary under subpart 2 of part 
H of title IV; and 
‘‘(B) define the necessary components of 
such programs, such as— 
‘‘(i) academic, vocational, social, and 
independent living skills; 
‘‘(ii) evaluation of student progress; 
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523 
‘‘(iii) program administration and 
evaluation; 
‘‘(iv) student eligibility; and 
‘‘(v) issues regarding the equivalency 
of a student’s participation in such pro-
grams to semester, trimester, quarter, 
credit, or clock hours at an institution of 
higher education, as the case may be; 
‘‘(6) analyze possible funding streams for such 
programs and provide recommendations regarding 
the funding streams; 
‘‘(7) develop model memoranda of agreement 
between institutions of higher education and agen-
cies providing funding for such programs; 
‘‘(8) develop mechanisms for regular commu-
nication between the recipients of grants under sec-
tion 769 regarding such programs; and 
‘‘(9) host a meeting of all recipients of grants 
under section 769 not less often than once a year. 
‘‘(c) DEFINITION OF ELIGIBLE ENTITY.—In this sec-
tion, the term ‘eligible entity’ means an entity, or a part-
nership of entities, that has demonstrated expertise in the 
fields of higher education, students with intellectual dis-
abilities, the development of comprehensive transition and 
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524 
postsecondary programs for students with intellectual dis-
abilities, evaluation, and technical assistance. 
‘‘SEC. 770A. AUTHORIZATION OF APPROPRIATIONS. 
‘‘There are authorized to be appropriated such sums 
as may be necessary to carry out this subpart for fiscal 
year 2009 and each of the 4 succeeding fiscal years.’’. 
(f) CONFORMING AMENDMENTS.—Part D of title VII 
(20 U.S.C. 1140 et seq.) is further amended— 
(1) in section 761, by striking ‘‘part’’ and in-
serting ‘‘subpart’’; 
(2) in section 762 (as amended by subsection 
(a)), by striking ‘‘part’’ each place the term appears 
and inserting ‘‘subpart’’; 
(3) in section 763, by striking ‘‘part’’ both 
places the term appears and inserting ‘‘subpart’’; 
(4) in section 764, by striking ‘‘part’’ and in-
serting ‘‘subpart’’; and 
(5) in section 765, by striking ‘‘part’’ and in-
serting ‘‘subpart’’. 
SEC. 708. SUBGRANTS TO NONPROFIT ORGANIZATIONS. 
Section 771(e) (20 U.S.C. 1141(e)), as added by sec-
tion 802 of the College Cost Reduction and Access Act 
of 2007, is amended by inserting after ‘‘of this Act)’’ the 
following: ‘‘, or those who have agreements with the Sec-
retary under 435(d)(5)(J),’’. 
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525 
SEC. 709. NURSING EDUCATION. 
Title VII (20 U.S.C. 1133 et seq.) is further amended 
by adding at the end the following new part: 
‘‘PART F—NURSING EDUCATION 
‘‘SEC. 776. ADDITIONAL CAPACITY FOR R.N. STUDENTS OR 
GRADUATE-LEVEL NURSING STUDENTS. 
‘‘(a) AUTHORIZATION.—The Secretary shall award 
grants to institutions of higher education that offer— 
‘‘(1) a R.N. nursing program at the bacca-
laureate or associate degree level to enable such pro-
gram to expand the faculty and facilities of such 
program to accommodate additional R.N. nursing 
program students; or 
‘‘(2) a graduate-level nursing program to ac-
commodate advanced practice degrees for R.N.s or 
to accommodate students enrolled in a graduate-level 
nursing program to provide teachers of nursing stu-
dents. 
‘‘(b) DETERMINATION OF NUMBER OF STUDENTS 
AND APPLICATION.—Each institution of higher education 
that offers a program described in subsection (a) that de-
sires to receive a grant under this section shall— 
‘‘(1) determine for the 4 academic years pre-
ceding the academic year for which the determina-
tion is made the average number of matriculated 
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526 
nursing program students at such institution for 
such academic years; and 
‘‘(2) submit an application to the Secretary at 
such time, in such manner, and accompanied by 
such information as the Secretary may require, in-
cluding the average number determined under para-
graph (1). 
‘‘(c) GRANT AMOUNT; AWARD BASIS.— 
‘‘(1) GRANT AMOUNT.—For each academic year 
after academic year 2008–2009, the Secretary is au-
thorized to provide to each institution of higher edu-
cation awarded a grant under this section an 
amount that is equal to $3,000 multiplied by the 
number of matriculated nursing program students at 
such institution for such academic year that is more 
than the average number determined with respect to 
such institution under subsection (b)(1). Such 
amount shall be used for the purposes described in 
subsection (a). 
‘‘(2) DISTRIBUTION
OF
GRANTS
AMONG
DIF-
FERENT DEGREE PROGRAMS.— 
‘‘(A) IN
GENERAL.—Subject to subpara-
graph (B), from the funds available to award 
grants under this section for each fiscal year, 
the Secretary shall— 
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527 
‘‘(i) use 20 percent of such funds to 
award grants under this section to institu-
tions of higher education for the purpose 
of accommodating advanced practice de-
grees or students in graduate-level nursing 
programs; 
‘‘(ii) use 40 percent of such funds to 
award grants under this section to institu-
tions of higher education for the purpose 
of expanding R.N. nursing programs at the 
baccalaureate degree level; and 
‘‘(iii) use 40 percent of such funds to 
award grants under this section to institu-
tions of higher education for the purpose 
of expanding R.N. nursing programs at the 
associate degree level. 
‘‘(B) DISTRIBUTION OF EXCESS FUNDS.— 
If, for a fiscal year, funds described in clause 
(i), (ii), or (iii) of subparagraph (A) remain 
after the Secretary awards grants under this 
section to all applicants for the particular cat-
egory of nursing programs described in such 
clause, the Secretary shall use equal amounts of 
the remaining funds to award grants under this 
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528 
section to applicants for the remaining cat-
egories of nursing programs. 
‘‘(C) 
EQUITABLE
DISTRIBUTION.—In 
awarding grants under this section, the Sec-
retary shall, to the extent practicable, ensure— 
‘‘(i) an equitable geographic distribu-
tion of the grants among the States; and 
‘‘(ii) an equitable distribution of the 
grants among different types of institu-
tions of higher education. 
‘‘(d) PROHIBITION.— 
‘‘(1) IN GENERAL.—Funds provided under this 
section may not be used for the construction of new 
facilities. 
‘‘(2) RULE
OF
CONSTRUCTION.—Nothing in 
paragraph (1) shall be construed to prohibit funds 
provided under this section from being used for the 
repair or renovation of facilities. 
‘‘SEC. 777. NURSE FACULTY PILOT PROJECT. 
‘‘(a) PURPOSES.—The purposes of this section are to 
create a pilot program— 
‘‘(1) to provide scholarships to qualified nurses 
in pursuit of an advanced degree with the goal of be-
coming faculty members in an accredited nursing 
program; and 
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529 
‘‘(2) to provide grants to partnerships between 
accredited schools of nursing and hospitals or health 
facilities to fund release time for qualified nurse em-
ployees, so that those employees can earn a salary 
while obtaining an advanced degree in nursing with 
the goal of becoming nurse faculty. 
‘‘(b) ASSISTANCE AUTHORIZED.— 
‘‘(1) COMPETITIVE GRANTS AUTHORIZED.—The 
Secretary may, on a competitive basis, award grants 
to, and enter into contracts and cooperative agree-
ments with, partnerships composed of an accredited 
school of nursing at an institution of higher edu-
cation and a hospital or health facility to establish 
not more than 5 pilot projects to enable such hos-
pital or health facility to retain its staff of experi-
enced nurses while providing a mechanism to have 
these individuals become, through an accelerated 
nursing education program, faculty members of an 
accredited school of nursing. 
‘‘(2) DURATION; EVALUATION AND DISSEMINA-
TION.— 
‘‘(A) DURATION.—Grants under this sec-
tion shall be awarded for a period of 3 to 5 
years. 
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530 
‘‘(B) MANDATORY EVALUATION AND DIS-
SEMINATION.—Grants under this section shall 
be primarily used for evaluation, and dissemina-
tion to other institutions of higher education, of 
the information obtained through the activities 
described in subsection (a)(2). 
‘‘(3) CONSIDERATIONS IN MAKING AWARDS.— 
In awarding grants and entering into contracts and 
cooperative agreements under this section, the Sec-
retary shall consider the following: 
‘‘(A) GEOGRAPHIC
DISTRIBUTION.—Pro-
viding an equitable geographic distribution of 
such grants. 
‘‘(B) RURAL AND URBAN AREAS.—Distrib-
uting such grants to urban and rural areas. 
‘‘(C) RANGE AND TYPE OF INSTITUTION.— 
Ensuring that the activities to be assisted are 
developed for a range of types and sizes of in-
stitutions of higher education. 
‘‘(D) PRIOR
EXPERIENCE
OR
EXCEP-
TIONAL PROGRAMS.—Institutions of higher edu-
cation with demonstrated prior experience in 
providing advanced nursing education programs 
to prepare nurses interested in pursuing a fac-
ulty role. 
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‘‘(4) USES OF FUNDS.—Funds made available 
by grant, contract, or cooperative agreement under 
this section may be used— 
‘‘(A) to develop a new national demonstra-
tion initiative to align nursing education with 
the emerging challenges of healthcare delivery; 
and 
‘‘(B) for any one or more of the following 
innovations in educational programs— 
‘‘(i) to develop a clinical simulation 
laboratory in a hospital, health facility, or 
accredited school of nursing; 
‘‘(ii) to purchase distance learning 
technologies; 
‘‘(iii) to fund release time for qualified 
nurses enrolled in the graduate nursing 
program; 
‘‘(iv) to provide for faculty salaries; 
and 
‘‘(v) to collect and analyze data on 
educational outcomes. 
‘‘(c) APPLICATIONS.—Each partnership desiring to 
receive a grant, contract, or cooperative agreement under 
this section shall submit an application to the Secretary 
at such time, in such manner, and accompanied by such 
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532 
information as the Secretary may require. Each applica-
tion shall include assurances that— 
‘‘(1) the individuals enrolled in the program will 
be qualified nurses in pursuit of a master’s or doc-
toral degree in nursing and have a contractual obli-
gation with the hospital or health facility that is in 
partnership with the institution of higher education; 
‘‘(2) the hospital or health facility of employ-
ment would be the clinical site for the accredited 
school of nursing program; 
‘‘(3) individuals enrolled in the program will 
maintain their employment on a part-time basis with 
the hospital or health facility that allowed them to 
participate in the program, and will receive an in-
come from the hospital or health facility, as a part- 
time employee, and release times or flexible sched-
ules to accommodate their class schedule; and 
‘‘(4) upon completion of the program, such indi-
viduals will be required to teach for 2 years in an 
accredited school of nursing for each year of support 
the individual received under this program. 
‘‘(d) DEFINITION.—For purposes of this section, the 
term ‘health facility’ means an Indian Health Service 
health service center, a Native Hawaiian health center, a 
hospital, a federally qualified health center, a rural health 
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533 
clinic, a nursing home, a home health agency, a hospice 
program, a public health clinic, a State or local depart-
ment of public health, a skilled nursing facility, or ambula-
tory surgical center. 
‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There 
are authorized to be appropriated to carry out this section 
not more than $10,000,000 for fiscal year 2009 and such 
sums as may be necessary for each of the 4 succeeding 
fiscal years.’’. 
SEC. 710. NATIONAL STUDY ON HIGHER EDUCATION AC-
CESS AND SUCCESS FOR STUDENTS WITH 
DISABILITIES. 
(a) STUDY.—The Comptroller General shall conduct 
a study of the barriers to, and opportunities for, the full 
participation of students with disabilities in institutions of 
higher education. The study shall address— 
(1) the extent to which, and manner in which, 
students with disabilities are— 
(A) prepared to participate in post-sec-
ondary education upon enrollment; 
(B) applying to different types of institu-
tions of higher education; 
(C) accepted into different types of institu-
tions of higher education; 
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535 
(A) the number of staff working in dis-
ability support services offices; 
(B) the budgets of disability support serv-
ices offices; and 
(C) the placement of the disability support 
services offices within the administrative struc-
ture of the institutions of higher education; 
(4) the extent to which institutions of higher 
education provide assistance to students with disabil-
ities to coordinate with, and receive services from, 
other support programs that may be available to 
such students, including services provided by local 
educational agencies, vocational rehabilitation agen-
cies, Social Security, Medicaid, and other Federal, 
State, and local programs; and 
(5) in institutions of higher education that have 
been effective in recruiting and graduating students 
with disabilities, the factors that may have contrib-
uted to such effectiveness, including— 
(A) faculty and staff preparation related to 
working with students with disabilities; 
(B) program characteristics; 
(C) accommodations and supports avail-
able; and 
(D) any other relevant factors. 
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536 
(b) REPORT.—The Comptroller General shall submit 
a report regarding the results of the study under sub-
section (a) to the authorizing committees (as defined in 
section 103 of the Higher Education Act of 1965 (20 
U.S.C. 1003) no later than 24 months after the date of 
the enactment of this Act. 
TITLE VIII—ADDITIONAL 
PROGRAMS 
SEC. 801. ADDITIONAL PROGRAMS. 
The Higher Education Act of 1965 is further amend-
ed by adding at the end the following new title: 
‘‘TITLE VIII—ADDITIONAL 
PROGRAMS 
‘‘SEC. 800. AUTHORIZATION OF APPROPRIATIONS. 
‘‘There are authorized to be appropriated to carry out 
this title such sums as may be necessary for fiscal year 
2009 and each of the 4 succeeding fiscal years. 
‘‘PART A—LOW TUITION 
‘‘SEC. 801. INCENTIVES AND REWARDS FOR LOW TUITION. 
‘‘(a) REWARDS FOR LOW TUITION.— 
‘‘(1) COMPETITIVE
GRANTS.—The Secretary 
shall award grants on a competitive basis to institu-
tions of higher education that, for academic year 
2008–2009 or any succeeding academic year, have 
an annual net tuition increase (expressed as a per-
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537 
centage) for the most recent academic year for 
which satisfactory data is available that is equal to 
or less than the percentage change in the higher 
education price index for such academic year. 
‘‘(2) USE OF FUNDS.—Funds awarded to an in-
stitution of higher education under paragraph (1) 
shall be distributed by the institution in the form of 
need-based grant aid to students who are eligible for 
Federal Pell Grants, except that no student shall re-
ceive an amount under this section that would cause 
the amount of total financial aid received by such 
student to exceed the cost of attendance of the insti-
tution. 
‘‘(b) REWARDS FOR GUARANTEED TUITION.— 
‘‘(1) BONUS.—For each institution of higher 
education that the Secretary of Education deter-
mines complies with the requirements of paragraph 
(2) or (3) of this subsection, the Secretary shall pro-
vide to such institution a bonus amount. Such insti-
tution shall award the bonus amount first to stu-
dents who are eligible for Federal Pell Grants who 
were in attendance at the institution during the 
award year that such institution satisfied the eligi-
bility criteria for maintaining low tuition and fees, 
then to students who are eligible for Federal Pell 
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538 
Grants who were not in attendance at the institution 
during such award year, in the form of need-based 
aid. 
‘‘(2) 4-YEAR INSTITUTIONS.—An institution of 
higher education that provides a program of instruc-
tion for which it awards a bachelor’s degree complies 
with the requirements of this paragraph if such in-
stitution guarantees that for any academic year be-
ginning on or after July 1, 2008, and for each of the 
4 succeeding continuous academic years, the net tui-
tion charged to an undergraduate student will not 
exceed— 
‘‘(A) the amount that the student was 
charged for an academic year at the time he or 
she first enrolled in the institution of higher 
education, plus 
‘‘(B) the product of the percentage in-
crease in the higher education price index for 
the prior academic year, or the most recent 
prior academic year for which data is available, 
multiplied by the amount determined under 
subparagraph (A). 
‘‘(3) LESS-THAN
4-YEAR
INSTITUTIONS.—An 
institution of higher education that does not provide 
a program of instruction for which it awards a bach-
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539 
elor’s degree complies with the requirements of this 
paragraph if such institution guarantees that for 
any academic year (or the equivalent) beginning on 
or after July 1, 2008, and for each of the 1.5 suc-
ceeding continuous academic years, the net tuition 
charged to an undergraduate student will not ex-
ceed— 
‘‘(A) the amount that the student was 
charged for an academic year at the time he or 
she first enrolled in the institution of higher 
education, plus 
‘‘(B) the product of the percentage in-
crease in the higher education price index for 
the prior academic year, or the most recent 
prior academic year for which data is available, 
multiplied by the amount determined under 
subparagraph (A). 
‘‘(c) MAINTAINING AFFORDABLE TUITION.— 
‘‘(1) INSTITUTION REPORTS.—If an institution 
of higher education has an increase in annual net 
tuition (expressed as a percentage), for the most re-
cent academic year for which satisfactory data is 
available, that is greater than the percentage in-
crease in the higher education price index for such 
academic year, the institution or a representative as-
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540 
sociation is required to submit to the Secretary the 
following information, within 6 months of such de-
termination— 
‘‘(A) a report on the factors contributing 
to the increase in the institution’s costs and the 
increase in net tuition and fees charged to stu-
dents, including identification of the major 
areas in the institution’s budget with the great-
est cost increases; 
‘‘(B) the institution’s 3 most recent Form 
990s submitted to the Internal Revenue Serv-
ice, as required under section 6033 of the Inter-
nal Revenue Code of 1986; 
‘‘(C) a description of the major areas of 
expenditures in the institution’s budget with the 
greatest increase for such academic year; and 
‘‘(D) actions being taken by the institution 
to reduce net tuition. 
‘‘(2) REPORT
TO
CONGRESS.—The Secretary 
shall compile the information submitted under this 
subsection and shall provide to the relevant author-
izing committees an annual report relating to such 
information. 
‘‘(d) DEFINITIONS.—In this section: 
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541 
‘‘(1) NET
TUITION.—The term ‘net tuition’ 
mans the average tuition and fees charged to a full- 
time undergraduate student by an institution of 
higher education for an academic year, minus the 
average grant amount received by such a student for 
such academic year. 
‘‘(2) HIGHER EDUCATION PRICE INDEX.—The 
term ‘higher education price index’ means the higher 
education price index developed pursuant to section 
133(b). 
‘‘PART B—COOPERATIVE EDUCATION 
‘‘SEC. 811. STATEMENT OF PURPOSE; DEFINITION. 
‘‘(a) PURPOSE.—It is the purpose of this part to 
award grants to institutions of higher education or com-
binations of such institutions to encourage such institu-
tions to develop and make available to as many of their 
students as possible work experience that will aid such stu-
dents in future careers and will enable such students to 
support themselves financially while in school. 
‘‘(b) DEFINITION.—For the purpose of this part the 
term ‘cooperative education’ means the provision of alter-
nating or parallel periods of academic study and public 
or private employment in order to give students work expe-
riences related to their academic or occupational objectives 
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542 
and an opportunity to earn the funds necessary for con-
tinuing and completing their education. 
‘‘SEC. 812. RESERVATIONS. 
‘‘(a) RESERVATIONS.—Of the amount appropriated 
to carry out this part under section 800 in each fiscal 
year— 
‘‘(1) not less than 50 percent shall be available 
for carrying out grants to institutions of higher edu-
cation and combinations of such institutions de-
scribed in section 813(a)(1)(A) for cooperative edu-
cation under section 833; 
‘‘(2) not less than 25 percent shall be available 
for carrying out grants to institutions of higher edu-
cation described in section 813(a)(1)(B) for coopera-
tive education under section 813; 
‘‘(3) not to exceed 11 percent shall be available 
for demonstration projects under paragraph (1) of 
section 814(a); 
‘‘(4) not to exceed 11 percent shall be available 
for training and resource centers under paragraph 
(2) of section 814(a); and 
‘‘(5) not to exceed 3 percent shall be available 
for research under paragraph (3) of section 814(a). 
‘‘(b) AVAILABILITY
OF APPROPRIATIONS.—Appro-
priations under this part shall not be available for the pay-
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544 
‘‘(2) PROGRAM
REQUIREMENT.—Cooperative 
education programs assisted under this section shall 
provide alternating or parallel periods of academic 
study and of public or private employment, giving 
students work experience related to their academic 
or occupational objectives and the opportunity to 
earn the funds necessary for continuing and com-
pleting their education. 
‘‘(3) AMOUNT OF GRANTS.— 
‘‘(A) The amount of each grant awarded 
pursuant to paragraph (1)(A) to any institution 
of higher education or combination of such in-
stitutions in any fiscal year shall not exceed 
$500,000. 
‘‘(B)(i) Except as provided in clauses (ii) 
and (iii), the Secretary shall award grants in 
each fiscal year to each institution of higher 
education described in paragraph (1)(B) that 
has an application approved under subsection 
(b) in an amount which bears the same ratio to 
the amount reserved pursuant to section 
812(a)(2) for such fiscal year as the number of 
unduplicated students placed in cooperative 
education jobs during the preceding fiscal year 
(other than cooperative education jobs under 
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545 
section 814 and as determined by the Sec-
retary) by such institution of higher education 
bears to the total number of all such students 
placed in such jobs during the preceding fiscal 
year by all such institutions. 
‘‘(ii) No institution of higher education 
shall receive a grant pursuant to paragraph 
(1)(B) in any fiscal year in an amount which 
exceeds 25 percent of such institution’s cooper-
ative education program’s personnel and oper-
ating budget for the preceding fiscal year. 
‘‘(iii) The minimum annual grant amount 
which an institution of higher education is eligi-
ble to receive under paragraph (1)(B) is $1,000 
and the maximum annual grant amount is 
$75,000. 
‘‘(4) LIMITATION.—The Secretary shall not 
award grants pursuant to paragraphs (1)(A) and 
(B) to the same institution of higher education or 
combination of such institution in any one fiscal 
year. 
‘‘(5) USES.—Grants under paragraph (1)(B) 
shall be used exclusively— 
‘‘(A) to expand the quality of and partici-
pation in a cooperative education program; 
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546 
‘‘(B) for outreach in new curricular areas; 
and 
‘‘(C) for outreach to potential participants 
including underrepresented and nontraditional 
populations. 
‘‘(b) APPLICATIONS.—Each institution of higher edu-
cation or combination of such institutions desiring to re-
ceive a grant under this section shall submit an application 
to the Secretary at such time and in such manner as the 
Secretary shall prescribe. Each such application shall— 
‘‘(1) set forth the program or activities for 
which a grant is authorized under this section; 
‘‘(2) specify each portion of such program or 
activities which will be performed by a nonprofit or-
ganization or institution other than the applicant 
and the compensation to be paid for such perform-
ance; 
‘‘(3) provide that the applicant will expend dur-
ing such fiscal year for the purpose of such program 
or activities not less than the amount expended for 
such purpose during the previous fiscal year; 
‘‘(4) describe the plans which the applicant will 
carry out to assure, and contain a formal statement 
of the institution’s commitment which assures, that 
the applicant will continue the cooperative education 
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547 
program beyond the 5-year period of Federal assist-
ance described in subsection (c)(1) at a level which 
is not less than the total amount expended for such 
program during the first year such program was as-
sisted under this section; 
‘‘(5) provide that, in the case of an institution 
of higher education that provides a 2-year program 
which is acceptable for full credit toward a bach-
elor’s degree, the cooperative education program will 
be available to students who are certificate or asso-
ciate degree candidates and who carry at least one- 
half the normal full-time academic workload; 
‘‘(6) provide that the applicant will— 
‘‘(A) make such reports as may be essen-
tial to ensure that the applicant is complying 
with the provisions of this section, including the 
reports for the second and each succeeding fis-
cal year for which the applicant receives a grant 
with respect to the impact of the cooperative 
education program in the previous fiscal year, 
including— 
‘‘(i) the number of unduplicated stu-
dent applicants in the cooperative edu-
cation program; 
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