H. R. 4137 
One Hundred Tenth Congress 
of the 
United States of America 
AT THE SECOND SESSION 
Begun and held at the City of Washington on Thursday, 
the third day of January, two thousand and eight 
An Act 
To amend and extend the Higher Education Act of 1965, and for other purposes. 
Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the ‘‘Higher Edu-
cation Opportunity Act’’. 
(b) TABLE OF CONTENTS.—The table of contents for this Act 
is as follows: 
Sec. 1. Short title; table of contents. 
Sec. 2. References. 
Sec. 3. General effective date. 
TITLE I—GENERAL PROVISIONS 
Sec. 101. General definition of institution of higher education. 
Sec. 102. Definition of institution of higher education for purposes of title IV pro-
grams. 
Sec. 103. Additional definitions. 
Sec. 104. Protection of student speech and association rights. 
Sec. 105. Treatment of territories and territorial student assistance. 
Sec. 106. National Advisory Committee on Institutional Quality and Integrity. 
Sec. 107. Drug and alcohol abuse prevention. 
Sec. 108. Prior rights and obligations. 
Sec. 109. Diploma mills. 
Sec. 110. Improved information concerning the Federal student financial aid 
website. 
Sec. 111. Transparency in college tuition for consumers. 
Sec. 112. Textbook information. 
Sec. 113. Database of student information prohibited. 
Sec. 114. In-State tuition rates for Armed Forces members, spouses, and dependent 
children. 
Sec. 115. State higher education information system pilot program. 
Sec. 116. State commitment to affordable college education. 
Sec. 117. Performance-based organization for the delivery of Federal student finan-
cial assistance. 
Sec. 118. Procurement flexibility. 
Sec. 119. Certification regarding the use of certain Federal funds. 
Sec. 120. Institution and lender reporting and disclosure requirements. 
TITLE II—TEACHER QUALITY ENHANCEMENT 
Sec. 201. Teacher quality enhancement. 
TITLE III—INSTITUTIONAL AID 
Sec. 301. Program purpose. 
Sec. 302. Definitions; eligibility. 
Sec. 303. American Indian tribally controlled colleges and universities. 
Sec. 304. Alaska Native and Native Hawaiian-serving institutions. 
Sec. 305. Predominantly Black Institutions. 
Sec. 306. Native American-serving, nontribal institutions. 
Sec. 307. Assistance to Asian American and Native American Pacific Islander-serv-
ing institutions.
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Sec. 308. Part B definitions. 
Sec. 309. Grants to institutions. 
Sec. 310. Allotments. 
Sec. 311. Professional or graduate institutions. 
Sec. 312. Unexpended funds. 
Sec. 313. Endowment Challenge Grants. 
Sec. 314. Historically Black college and university capital financing. 
Sec. 315. Programs in STEM fields. 
Sec. 316. Investing in historically Black colleges and universities and other minor-
ity-serving institutions. 
Sec. 317. Technical assistance. 
Sec. 318. Waiver authority. 
Sec. 319. Authorization of appropriations. 
Sec. 320. Technical corrections. 
TITLE IV—STUDENT ASSISTANCE 
PART A—GRANTS TO STUDENTS IN ATTENDANCE AT INSTITUTIONS OF HIGHER 
EDUCATION 
Sec. 401. Federal Pell Grants. 
Sec. 402. Academic competitiveness grants. 
Sec. 403. Federal TRIO Programs. 
Sec. 404. Gaining early awareness and readiness for undergraduate programs. 
Sec. 405. Academic Achievement Incentive Scholarships. 
Sec. 406. Federal Supplemental Educational Opportunity Grants. 
Sec. 407. Leveraging Educational Assistance Partnership program. 
Sec. 408. Special programs for students whose families are engaged in migrant and 
seasonal farmwork. 
Sec. 409. Robert C. Byrd Honors Scholarship Program. 
Sec. 410. Child care access means parents in school. 
Sec. 411. Learning Anytime Anywhere Partnerships. 
Sec. 412. TEACH Grants. 
PART B—FEDERAL FAMILY EDUCATION LOAN PROGRAM 
Sec. 421. Limitations on amounts of loans covered by Federal insurance. 
Sec. 422. Federal payments to reduce student interest costs. 
Sec. 423. Voluntary flexible agreements. 
Sec. 424. Federal PLUS loans. 
Sec. 425. Federal consolidation loans. 
Sec. 426. Default reduction program. 
Sec. 427. Requirements for disbursement of student loans. 
Sec. 428. Unsubsidized Stafford loan limits. 
Sec. 429. Loan forgiveness for teachers employed by educational service agencies. 
Sec. 430. Loan forgiveness for service in areas of national need. 
Sec. 431. Loan repayment for civil legal assistance attorneys. 
Sec. 432. Reports to consumer reporting agencies and institutions of higher edu-
cation. 
Sec. 433. Legal powers and responsibilities. 
Sec. 434. Student loan information by eligible lenders. 
Sec. 435. Consumer education information. 
Sec. 436. Definitions of eligible institution and eligible lender. 
Sec. 437. Discharge and cancellation rights in cases of disability. 
Sec. 438. Conforming amendments for repeal of section 439. 
PART C—FEDERAL WORK-STUDY PROGRAMS 
Sec. 441. Authorization of appropriations. 
Sec. 442. Allowance for books and supplies. 
Sec. 443. Grants for Federal work-study programs. 
Sec. 444. Flexible use of funds. 
Sec. 445. Job location and development programs. 
Sec. 446. Additional funds for off-campus community service. 
Sec. 447. Work colleges. 
PART D—FEDERAL DIRECT STUDENT LOAN 
Sec. 451. Terms and conditions of loans. 
Sec. 452. Funds for administrative expenses. 
Sec. 453. Guaranty agency responsibilities and payments; reports and cost esti-
mates. 
Sec. 454. Loan cancellation for teachers. 
PART E—FEDERAL PERKINS LOANS 
Sec. 461. Extension of authority.
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Sec. 462. Allowance for books and supplies. 
Sec. 463. Agreements with institutions. 
Sec. 464. Perkins loan terms and conditions. 
Sec. 465. Cancellation for public service. 
Sec. 466. Sense of Congress regarding Federal Perkins loans. 
PART F—NEED ANALYSIS 
Sec. 471. Cost of attendance. 
Sec. 472. Discretion to make adjustments. 
Sec. 473. Definitions. 
PART G—GENERAL PROVISIONS RELATING TO STUDENT ASSISTANCE 
Sec. 481. Definitions. 
Sec. 482. Master calendar. 
Sec. 483. Improvements to paper and electronic forms and processes. 
Sec. 484. Model institution financial aid offer form. 
Sec. 485. Student eligibility. 
Sec. 486. Statute of limitations and State court judgments. 
Sec. 487. Readmission requirements for servicemembers. 
Sec. 488. Institutional and financial assistance information for students. 
Sec. 489. National Student Loan Data System. 
Sec. 490. Early awareness of financial aid eligibility. 
Sec. 491. Distance Education Demonstration Programs. 
Sec. 492. Articulation agreements. 
Sec. 493. Program participation agreements. 
Sec. 494. Regulatory relief and improvement. 
Sec. 494A. Transfer of allotments. 
Sec. 494B. Purpose of administrative payments. 
Sec. 494C. Advisory Committee on Student Financial Assistance. 
Sec. 494D. Regional meetings and negotiated rulemaking. 
Sec. 494E. Year 2000 requirements at the Department. 
Sec. 494F. Technical amendment of income-based repayment. 
PART H—PROGRAM INTEGRITY 
Sec. 495. Recognition of accrediting agency or association. 
Sec. 496. Eligibility and certification procedures. 
Sec. 497. Program review and data. 
Sec. 498. Review of regulations. 
PART I—COMPETITIVE LOAN AUCTION PILOT PROGRAM 
Sec. 499. Competitive loan auction pilot program evaluation. 
TITLE V—DEVELOPING INSTITUTIONS 
Sec. 501. Authorized activities. 
Sec. 502. Postbaccalaureate opportunities for Hispanic Americans. 
Sec. 503. Applications. 
Sec. 504. Cooperative arrangements. 
Sec. 505. Authorization of appropriations. 
TITLE VI—INTERNATIONAL EDUCATION PROGRAMS 
Sec. 601. Findings; purposes; consultation; survey. 
Sec. 602. Graduate and Undergraduate Language and Area Centers and Programs. 
Sec. 603. Language Resource Centers. 
Sec. 604. Undergraduate International Studies and Foreign Language Programs. 
Sec. 605. Research; studies. 
Sec. 606. Technological innovation and cooperation for foreign information access. 
Sec. 607. Selection of certain grant recipients. 
Sec. 608. American overseas research centers. 
Sec. 609. Authorization of appropriations for international and foreign language 
studies. 
Sec. 610. Conforming amendments. 
Sec. 611. Business and international education programs. 
Sec. 612. Minority foreign service professional development program. 
Sec. 613. Institutional development. 
Sec. 614. Study abroad program. 
Sec. 615. Advanced degree in international relations. 
Sec. 616. Internships. 
Sec. 617. Financial assistance. 
Sec. 618. Report. 
Sec. 619. Gifts and donations.
H. R. 4137—4 
Sec. 620. Authorization of appropriations for the Institute for International Public 
Policy. 
Sec. 621. Definitions. 
Sec. 622. New provisions. 
TITLE VII—GRADUATE AND POSTSECONDARY IMPROVEMENT PROGRAMS 
Sec. 701. Purpose. 
Sec. 702. Jacob K. Javits Fellowship program. 
Sec. 703. Graduate assistance in areas of national need. 
Sec. 704. Thurgood Marshall Legal educational opportunity program. 
Sec. 705. Sense of Congress. 
Sec. 706. Masters degree programs at historically Black colleges and universities 
and Predominantly Black Institutions. 
Sec. 707. Fund for the improvement of postsecondary education. 
Sec. 708. Repeal of the urban community service program. 
Sec. 709. Programs to provide students with disabilities with a quality higher edu-
cation. 
Sec. 710. Subgrants to nonprofit organizations. 
TITLE VIII—ADDITIONAL PROGRAMS 
Sec. 801. Additional programs. 
Sec. 802. National Center for Research in Advanced Information and Digital Tech-
nologies. 
Sec. 803. Establishment of pilot program for course material rental. 
TITLE IX—AMENDMENTS TO OTHER LAWS 
PART A—EDUCATION OF THE DEAF ACT OF 1986 
Sec. 901. Laurent Clerc National Deaf Education Center. 
Sec. 902. Agreement with Gallaudet University. 
Sec. 903. Agreement for the National Technical Institute for the Deaf. 
Sec. 904. Cultural experiences grants. 
Sec. 905. Audit. 
Sec. 906. Reports. 
Sec. 907. Monitoring, evaluation, and reporting. 
Sec. 908. Liaison for educational programs. 
Sec. 909. Federal endowment programs for Gallaudet University and the National 
Technical Institute for the Deaf. 
Sec. 910. Oversight and effect of agreements. 
Sec. 911. International students. 
Sec. 912. Research priorities. 
Sec. 913. National study on the education of the deaf. 
Sec. 914. Authorization of appropriations. 
PART B—UNITED STATES INSTITUTE OF PEACE ACT 
Sec. 921. United States Institute of Peace Act. 
PART C—THE HIGHER EDUCATION AMENDMENTS OF 1998; THE HIGHER 
EDUCATION AMENDMENTS OF 1992 
Sec. 931. Repeals. 
Sec. 932. Grants to States for workplace and community transition training for in-
carcerated individuals. 
Sec. 933. Underground Railroad Educational and Cultural Program. 
Sec. 934. Olympic Scholarships. 
Sec. 935. Establishment of a Deputy Assistant Secretary for International and For-
eign Language Education. 
PART D—TRIBAL COLLEGE AND UNIVERSITIES; NAVAJO HIGHER 
EDUCATION 
SUBPART 1—TRIBAL COLLEGES AND UNIVERSITIES 
Sec. 941. Reauthorization of the Tribally Controlled College or University Assist-
ance Act of 1978. 
SUBPART 2—NAVAJO HIGHER EDUCATION 
Sec. 945. Short title. 
Sec. 946. Reauthorization of Navajo Community College Act. 
PART E—OMNIBUS CRIME CONTROL AND SAFE STREETS ACT OF 1968 
Sec. 951. Short title.
H. R. 4137—5 
Sec. 952. Loan repayment for prosecutors and defenders. 
PART F—INSTITUTIONAL LOAN REPAYMENT ASSISTANCE PROGRAMS 
Sec. 961. Institutional loan forgiveness programs. 
PART G—MINORITY SERVING INSTITUTION DIGITAL AND WIRELESS TECHNOLOGY 
OPPORTUNITY PROGRAM 
Sec. 971. Minority Serving Institution Digital and Wireless Technology Opportunity 
Program. 
Sec. 972. Authorization of appropriations. 
TITLE X—PRIVATE STUDENT LOAN IMPROVEMENT 
Sec. 1001. Short title. 
Sec. 1002. Regulations. 
Sec. 1003. Effective dates. 
Subtitle A—Preventing Unfair and Deceptive Private Educational Lending Practices 
and Eliminating Conflicts of Interest 
Sec. 1011. Amendment to the Truth in Lending Act. 
Sec. 1012. Civil liability. 
Sec. 1013. Clerical amendment. 
Subtitle B—Improved Disclosures for Private Education Loans 
Sec. 1021. Private education loan disclosures and limitations. 
Sec. 1022. Application of Truth in Lending Act to all private education loans. 
Subtitle C—College Affordability 
Sec. 1031. Community Reinvestment Act credit for low-cost loans. 
Subtitle D—Financial Literacy; Studies and Reports 
Sec. 1041. Definitions. 
Sec. 1042. Coordinated education efforts. 
TITLE XI—STUDIES AND REPORTS 
Sec. 1101. Study on foreign graduate medical schools. 
Sec. 1102. Employment of postsecondary education graduates. 
Sec. 1103. Study on IPEDS. 
Sec. 1104. Report and study on articulation agreements. 
Sec. 1105. Report on proprietary institutions of higher education. 
Sec. 1106. Analysis of Federal regulations on institutions of higher education. 
Sec. 1107. Independent evaluation of distance education programs. 
Sec. 1108. Review of costs and benefits of environmental, health, and safety stand-
ards. 
Sec. 1109. Study of minority male academic achievement. 
Sec. 1110. Study on bias in standardized tests. 
Sec. 1111. Endowment report. 
Sec. 1112. Study of correctional postsecondary education. 
Sec. 1113. Study of aid to less-than-half-time students. 
Sec. 1114. Study on regional sensitivity in the needs analysis formula. 
Sec. 1115. Study of the impact of student loan debt on public service. 
Sec. 1116. Study on teaching students with reading disabilities. 
Sec. 1117. Report on income contingent repayment through the income tax with-
holding system. 
Sec. 1118. Developing additional measures of degree completion. 
Sec. 1119. Study on the financial and compliance audits of the Federal student loan 
program. 
Sec. 1120. Summit on sustainability. 
Sec. 1121. Nursing school capacity. 
Sec. 1122. Study and report on nonindividual information. 
Sec. 1123. Feasibility study for student loan clearinghouse. 
Sec. 1124. Study on Department of Education oversight of incentive compensation 
ban. 
Sec. 1125. Definition of authorizing committees. 
SEC. 2. REFERENCES. 
Except as otherwise expressly provided, whenever in this Act 
an amendment or repeal is expressed in terms of an amendment 
to, or repeal of, a section or other provision, the reference shall
H. R. 4137—6 
be considered to be made to a section or other provision of the 
Higher Education Act of 1965 (20 U.S.C. 1001 et seq.). 
SEC. 3. GENERAL EFFECTIVE DATE. 
Except as otherwise provided in this Act or the amendments 
made by this Act, this Act and the amendments made by this 
Act shall take effect on the date of enactment of this Act. 
TITLE I—GENERAL PROVISIONS 
SEC. 101. GENERAL DEFINITION OF INSTITUTION OF HIGHER EDU-
CATION. 
(a) AMENDMENTS.—Section 101 (20 U.S.C. 1001) is amended— 
(1) in subsection (a)— 
(A) in paragraph (1), by inserting before the semicolon 
the following: ‘‘, or persons who meet the requirements 
of section 484(d)(3)’’; and 
(B) in paragraph (3), by inserting ‘‘, or awards a degree 
that is acceptable for admission to a graduate or profes-
sional degree program, subject to review and approval by 
the Secretary’’ after ‘‘such a degree’’; and 
(2) by striking paragraph (2) of subsection (b) and inserting 
the following: 
‘‘(2) a public or nonprofit private educational institution 
in any State that, in lieu of the requirement in subsection 
(a)(1), admits as regular students individuals— 
‘‘(A) who are beyond the age of compulsory school 
attendance in the State in which the institution is located; 
or 
‘‘(B) who will be dually or concurrently enrolled in 
the institution and a secondary school.’’. 
(b) EFFECTIVE DATE.—The amendments made by this section 
shall take effect on July 1, 2010. 
SEC. 102. DEFINITION OF INSTITUTION OF HIGHER EDUCATION FOR 
PURPOSES OF TITLE IV PROGRAMS. 
(a) 
INTERNATIONAL
MEDICAL
SCHOOLS
AND
NURSING 
SCHOOLS.—Section 102(a)(2) (20 U.S.C. 1002(a)(2)) is amended— 
(1) in subparagraph (A)— 
(A) in the first sentence of the matter preceding clause 
(i), by inserting ‘‘nursing school,’’ after ‘‘graduate medical 
school,’’; 
(B) in clause (i)— 
(i) in the matter preceding subclause (I), by 
inserting 
‘‘except 
as 
provided 
in 
subparagraph 
(B)(iii)(IV),’’ before ‘‘in the case’’; and 
(ii) by striking subclause (II) and inserting the 
following new subclause: 
‘‘(II) the institution— 
‘‘(aa) has or had a clinical training pro-
gram that was approved by a State as of 
January 1, 1992; and 
‘‘(bb) continues to operate a clinical 
training program in at least one State that 
is approved by that State;’’; 
(C) in clause (ii), by striking the period at the end 
and inserting ‘‘; or’’; and
H. R. 4137—7 
(D) by adding at the end the following: 
‘‘(iii) in the case of a nursing school located outside 
of the United States— 
‘‘(I) the nursing school has an agreement with 
a hospital, or accredited school of nursing (as such 
terms are defined in section 801 of the Public 
Health Service Act (42 U.S.C. 296)), located in 
the United States that requires the students of 
the nursing school to complete the students’ clin-
ical training at such hospital or accredited school 
of nursing; 
‘‘(II) the nursing school has an agreement with 
an accredited school of nursing located in the 
United States providing that the students grad-
uating from the nursing school located outside of 
the United States also receive a degree from the 
accredited school of nursing located in the United 
States; 
‘‘(III) the nursing school certifies only Federal 
Stafford Loans under section 428, unsubsidized 
Federal Stafford Loans under section 428H, or Fed-
eral PLUS loans under section 428B for students 
attending the institution; 
‘‘(IV) the nursing school reimburses the Sec-
retary for the cost of any loan defaults for current 
and former students included in the calculation 
of the institution’s cohort default rate during the 
previous fiscal year; and 
‘‘(V) not less than 75 percent of the individuals 
who were students or graduates of the nursing 
school, and who took the National Council Licen-
sure Examination for Registered Nurses in the 
year preceding the year for which the institution 
is certifying a Federal Stafford Loan under section 
428, an unsubsidized Federal Stafford Loan under 
section 428H, or a Federal PLUS loan under sec-
tion 428B, received a passing score on such exam-
ination.’’; and 
(2) in subparagraph (B), by adding at the end the following: 
‘‘(iii) REPORT.— 
‘‘(I) IN GENERAL.—Not later than 1 year after 
the date of enactment of the Higher Education 
Opportunity Act, the advisory panel described in 
clause (i) shall submit a report to the Secretary 
and to the authorizing committees recommending 
eligibility criteria for participation in the loan pro-
grams under part B of title IV for graduate medical 
schools that— 
‘‘(aa) are located outside of the United 
States; 
‘‘(bb) do not meet the requirements of 
subparagraph (A)(i); and 
‘‘(cc) have a clinical training program 
approved by a State prior to January 1, 2008. 
‘‘(II) 
RECOMMENDATIONS.—In 
the 
report 
described in subclause (I), the advisory panel’s 
eligibility criteria shall include recommendations
H. R. 4137—8 
regarding the appropriate levels of performance 
for graduate medical schools described in such sub-
clause in the following areas: 
‘‘(aa) Entrance requirements. 
‘‘(bb) Retention and graduation rates. 
‘‘(cc) Successful placement of students in 
United States medical residency programs. 
‘‘(dd) Passage rate of students on the 
United States Medical Licensing Examination. 
‘‘(ee) The extent to which State medical 
boards have assessed the quality of such 
school’s program of instruction, including 
through on-site reviews. 
‘‘(ff) The extent to which graduates of such 
schools would be unable to practice medicine 
in 1 or more States, based on the judgment 
of a State medical board. 
‘‘(gg) Any areas recommended by the 
Comptroller General of the United States 
under section 1101 of the Higher Education 
Opportunity Act. 
‘‘(hh) Any additional areas the Secretary 
may require. 
‘‘(III) MINIMUM ELIGIBILITY REQUIREMENT.—In 
the recommendations described in subclause (II), 
the criteria described in subparagraph (A)(i)(I)(bb), 
as amended by section 102(b) of the Higher Edu-
cation Opportunity Act, shall be a minimum eligi-
bility requirement for a graduate medical school 
described in subclause (I) to participate in the 
loan programs under part B of title IV. 
‘‘(IV) AUTHORITY.—The Secretary may— 
‘‘(aa) not earlier than 180 days after the 
submission of the report described in sub-
clause (I), issue proposed regulations estab-
lishing criteria for the eligibility of graduate 
medical schools described in such subclause 
to participate in the loan programs under part 
B of title IV based on the recommendations 
of such report; and 
‘‘(bb) not earlier than one year after the 
issuance of proposed regulations under item 
(aa), issue final regulations establishing such 
criteria for eligibility.’’. 
(b) PERCENTAGE PASS RATE.—Section 102(a)(2)(A)(i)(I)(bb) (20 
U.S.C. 1002(a)(2)(A)(i)(I)(bb)) is amended by striking ‘‘60’’ and 
inserting ‘‘75’’. 
(c) CONFORMING AMENDMENT CONCERNING 90/10 ENFORCE-
MENT.—Section 102(b)(1) (20 U.S.C. 1002(b)(1)) is amended— 
(1) in subparagraph (D), by adding ‘‘and’’ after the semi-
colon; 
(2) in subparagraph (E), by striking ‘‘; and’’ and inserting 
a period; and 
(3) by striking subparagraph (F). 
(d) ADDITIONAL INSTITUTIONS.— 
(1) AMENDMENT.—Section 102 (20 U.S.C. 1002) is further 
amended—
H. R. 4137—9 
(A) in subsection (b)— 
(i) by striking paragraph (1)(A) and inserting the 
following: 
‘‘(A)(i) provides an eligible program of training to pre-
pare students for gainful employment in a recognized 
occupation; or 
‘‘(ii)(I) provides a program leading to a baccalaureate 
degree in liberal arts, and has provided such a program 
since January 1, 2009; and 
‘‘(II) is accredited by a recognized regional accrediting 
agency or association, and has continuously held such 
accreditation since October 1, 2007, or earlier;’’; and 
(ii) by striking paragraph (2) and inserting the 
following: 
‘‘(2) ADDITIONAL
INSTITUTIONS.—The term ‘proprietary 
institution of higher education’ also includes a proprietary edu-
cational institution in any State that, in lieu of the requirement 
in section 101(a)(1), admits as regular students individuals— 
‘‘(A) who are beyond the age of compulsory school 
attendance in the State in which the institution is located; 
or 
‘‘(B) who will be dually or concurrently enrolled in 
the institution and a secondary school.’’; and 
(B) by striking paragraph (2) of subsection (c) and 
inserting the following: 
‘‘(2) ADDITIONAL INSTITUTIONS.—The term ‘postsecondary 
vocational institution’ also includes an educational institution 
in any State that, in lieu of the requirement in section 101(a)(1), 
admits as regular students individuals— 
‘‘(A) who are beyond the age of compulsory school 
attendance in the State in which the institution is located; 
or 
‘‘(B) who will be dually or concurrently enrolled in 
the institution and a secondary school.’’. 
(2) RULE OF CONSTRUCTION.—Nothing in the amendment 
made by paragraph (1)(A)(i) to section 102(b)(1)(A) of the Higher 
Education Act of 1965 (20 U.S.C. 1002(b)(1)(A)) shall be con-
strued to negate or supercede any State laws governing propri-
etary institutions of higher education. 
(e) EFFECTIVE DATE.—The amendments made by subsections 
(a)(1), (b), and (d) shall take effect on July 1, 2010. 
SEC. 103. ADDITIONAL DEFINITIONS. 
(a) ADDITIONAL DEFINITIONS.— 
(1) AMENDMENT.—Section 103 (20 U.S.C. 1003) is amended 
by adding at the end the following: 
‘‘(17) AUTHORIZING
COMMITTEES.—The term ‘authorizing 
committees’ means the Committee on Health, Education, Labor, 
and Pensions of the Senate and the Committee on Education 
and Labor of the House of Representatives. 
‘‘(18) CRITICAL FOREIGN LANGUAGE.—Except as otherwise 
provided, the term ‘critical foreign language’ means each of 
the languages contained in the list of critical languages des-
ignated by the Secretary in the Federal Register on August 
2, 1985 (50 Fed. Reg. 31412; promulgated under the authority 
of section 212(d) of the Education for Economic Security Act 
(repealed by section 2303 of the Augustus F. Hawkins-Robert
H. R. 4137—10 
T. Stafford Elementary and Secondary School Improvement 
Amendments of 1988)), as updated by the Secretary from time 
to time and published in the Federal Register, except that 
in the implementation of this definition with respect to a spe-
cific title, the Secretary may set priorities according to the 
purposes of such title and the national security, economic 
competitiveness, and educational needs of the United States. 
‘‘(19) DISTANCE EDUCATION.— 
‘‘(A) IN GENERAL.—Except as otherwise provided, the 
term ‘distance education’ means education that uses one 
or more of the technologies described in subparagraph (B)— 
‘‘(i) to deliver instruction to students who are sepa-
rated from the instructor; and 
‘‘(ii) to support regular and substantive interaction 
between the students and the instructor, synchronously 
or asynchronously. 
‘‘(B) INCLUSIONS.—For the purposes of subparagraph 
(A), the technologies used may include— 
‘‘(i) the Internet; 
‘‘(ii) one-way and two-way transmissions through 
open broadcast, closed circuit, cable, microwave, 
broadband lines, fiber optics, satellite, or wireless 
communications devices; 
‘‘(iii) audio conferencing; or 
‘‘(iv) video cassettes, DVDs, and CD–ROMs, if the 
cassettes, DVDs, or CD–ROMs are used in a course 
in conjunction with any of the technologies listed in 
clauses (i) through (iii). 
‘‘(20) DIPLOMA MILL.—The term ‘diploma mill’ means an 
entity that— 
‘‘(A)(i) offers, for a fee, degrees, diplomas, or certifi-
cates, that may be used to represent to the general public 
that the individual possessing such a degree, diploma, or 
certificate has completed a program of postsecondary edu-
cation or training; and 
‘‘(ii) requires such individual to complete little or no 
education or coursework to obtain such degree, diploma, 
or certificate; and 
‘‘(B) lacks accreditation by an accrediting agency or 
association that is recognized as an accrediting agency 
or association of institutions of higher education (as such 
term is defined in section 102) by— 
‘‘(i) the Secretary pursuant to subpart 2 of part 
H of title IV; or 
‘‘(ii) a Federal agency, State government, or other 
organization or association that recognizes accrediting 
agencies or associations. 
‘‘(21) EARLY CHILDHOOD EDUCATION PROGRAM.—The term 
‘early childhood education program’ means— 
‘‘(A) a Head Start program or an Early Head Start 
program carried out under the Head Start Act (42 U.S.C. 
9831 et seq.), including a migrant or seasonal Head Start 
program, an Indian Head Start program, or a Head Start 
program or an Early Head Start program that also receives 
State funding; 
‘‘(B) a State licensed or regulated child care program; 
or
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‘‘(C) a program that— 
‘‘(i) serves children from birth through age six 
that addresses the children’s cognitive (including lan-
guage, early literacy, and early mathematics), social, 
emotional, and physical development; and 
‘‘(ii) is— 
‘‘(I) a State prekindergarten program; 
‘‘(II) a program authorized under section 619 
or part C of the Individuals with Disabilities Edu-
cation Act; or 
‘‘(III) a program operated by a local edu-
cational agency. 
‘‘(22) POVERTY LINE.—The term ‘poverty line’ means the 
poverty line (as defined in section 673(2) of the Community 
Services Block Grant Act (42 U.S.C. 9902(2)) applicable to 
a family of the size involved. 
‘‘(23) UNIVERSAL DESIGN.—The term ‘universal design’ has 
the meaning given the term in section 3 of the Assistive Tech-
nology Act of 1998 (29 U.S.C. 3002). 
‘‘(24) UNIVERSAL DESIGN FOR LEARNING.—The term ‘uni-
versal design for learning’ means a scientifically valid frame-
work for guiding educational practice that— 
‘‘(A) provides flexibility in the ways information is pre-
sented, in the ways students respond or demonstrate 
knowledge and skills, and in the ways students are 
engaged; and 
‘‘(B) reduces barriers in instruction, provides appro-
priate accommodations, supports, and challenges, and 
maintains high achievement expectations for all students, 
including students with disabilities and students who are 
limited English proficient.’’. 
(2) REDESIGNATION AND REORDERING OF DEFINITIONS.—Sec-
tion 103 (as amended by paragraph (1)) (20 U.S.C. 1003) is 
further amended by reordering paragraphs (1) through (16) 
and the paragraphs added by paragraph (1) of this subsection 
in alphabetical order based on the headings of such paragraphs, 
and renumbering such paragraphs as so reordered. 
(b) CONFORMING AMENDMENTS.—The Act (20 U.S.C. 1001 et 
seq.) is amended— 
(1) in section 131(a)(3)(B) (20 U.S.C. 1015(a)(3)(B)), by 
striking ‘‘Committee on Labor and Human Resources of the 
Senate and the Committee on Education and the Workforce 
of the House of Representatives’’ and inserting ‘‘authorizing 
committees’’; 
(2) in section 141(d)(4)(B) (20 U.S.C. 1018(d)(4)(B)), by 
striking ‘‘Committee on Education and the Workforce of the 
House of Representatives and the Committee on Labor and 
Human Resources of the Senate’’ and inserting ‘‘authorizing 
committees’’; 
(3) in section 401(f)(3) (20 U.S.C. 1070a(f)(3)), by striking 
‘‘to the Committee on Appropriations’’ and all that follows 
through ‘‘House of Representatives’’ and inserting ‘‘to the Com-
mittee on Appropriations of the Senate, the Committee on 
Appropriations of the House of Representatives, and the author-
izing committees’’; 
(4) in section 428 (20 U.S.C. 1078)—
H. R. 4137—12 
(A) in subsection (c)(9)(K), by striking ‘‘House Com-
mittee on Education and the Workforce and the Senate 
Committee on Labor and Human Resources’’ and inserting 
‘‘authorizing committees’’; 
(B) in the matter following paragraph (2) of subsection 
(g), by striking ‘‘Committee on Labor and Human Resources 
of the Senate and the Committee on Education and the 
Workforce of the House of Representatives’’ and inserting 
‘‘authorizing committees’’; 
(C) in subsection (j)(9)(A) (as added by section 5(a) 
of the Ensuring Continued Access to Student Loans Act 
of 2008), by striking ‘‘Committee on Health, Education, 
Labor, and Pensions of the Senate and the Committee 
on Education and Labor of the House of Representatives’’ 
each place the term appears and inserting ‘‘authorizing 
committees’’; and 
(D) in subsection (n)(4), by striking ‘‘Committee on 
Education and the Workforce of the House of Representa-
tives and the Committee on Labor and Human Resources 
of the Senate’’ and inserting ‘‘authorizing committees’’; 
(5) in section 428A(c) (20 U.S.C. 1078–1(c))— 
(A) in the matter preceding subparagraph (A) of para-
graph (2), by striking ‘‘Chairperson’’ and all that follows 
through ‘‘House of Representatives’’ and inserting ‘‘mem-
bers of the authorizing committees’’; 
(B) in paragraph (3), by striking ‘‘Chairperson’’ and 
all that follows through ‘‘House of Representatives’’ and 
inserting ‘‘members of the authorizing committees’’; and 
(C) in paragraph (5), by striking ‘‘Chairperson’’ and 
all that follows through ‘‘House of Representatives’’ and 
inserting ‘‘members of the authorizing committees’’; 
(6) in section 432 (20 U.S.C. 1082)— 
(A) in subsection (f)(1)(C), by striking ‘‘the Committee 
on Education and the Workforce of the House of Represent-
atives or the Committee on Labor and Human Resources 
of the Senate’’ and inserting ‘‘either of the authorizing 
committees’’; and 
(B) in the matter following subparagraph (D) of sub-
section (n)(3), by striking ‘‘Committee on Education and 
the Workforce of the House of Representatives and the 
Committee on Labor and Human Resources of the Senate’’ 
and inserting ‘‘authorizing committees’’; 
(7) in section 437(c)(1) (20 U.S.C. 1087(c)(1)), by striking 
‘‘Committee on Education and the Workforce of the House 
of Representatives and the Committee on Labor and Human 
Resources of the Senate’’ and inserting ‘‘authorizing commit-
tees’’; 
(8) in section 455(b)(8)(B) (20 U.S.C. 1087e(b)(8)(B)), by 
striking ‘‘Committee on Labor and Human Resources of the 
Senate and the Committee on Education and the Workforce 
of the House of Representatives’’ and inserting ‘‘authorizing 
committees’’; 
(9) in section 482(d) (20 U.S.C. 1089(d)), by striking ‘‘Com-
mittee on Labor and Human Resources of the Senate and 
the Committee on Education and Labor of the House of Rep-
resentatives’’ and inserting ‘‘authorizing committees’’;
H. R. 4137—13 
(10) in section 483(c) (20 U.S.C. 1090(c)), by striking ‘‘Com-
mittee on Labor and Human Resources of the Senate and 
the Committee on Education and the Workforce of the House 
of Representatives’’ and inserting ‘‘authorizing committees’’; 
(11) in section 485(f)(5)(A) (20 U.S.C. 1092(f)(5)(A)), by 
striking ‘‘Committee on Education and the Workforce of the 
House of Representatives and the Committee on Labor and 
Human Resources of the Senate’’ and inserting ‘‘authorizing 
committees’’; 
(12) in section 486(e) (20 U.S.C. 1093(e)), by striking ‘‘Com-
mittee on Labor and Human Resources of the Senate and 
the Committee on Education and the Workforce of the House 
of Representatives’’ and inserting ‘‘authorizing committees’’; and 
(13) in section 487A(a)(5) (20 U.S.C. 1094a(a)(5)), by 
striking ‘‘Committee on Labor and Human Resources of the 
Senate and the Committee on Education and the Workforce 
of the House of Representatives’’ and inserting ‘‘authorizing 
committees’’. 
SEC. 104. PROTECTION OF STUDENT SPEECH AND ASSOCIATION 
RIGHTS. 
Section 112 (20 U.S.C. 1011a) is amended— 
(1) in subsection (a)— 
(A) by inserting ‘‘(1)’’ before ‘‘It is the sense’’; and 
(B) by adding at the end the following: 
‘‘(2) It is the sense of Congress that— 
‘‘(A) the diversity of institutions and educational missions 
is one of the key strengths of American higher education; 
‘‘(B) individual institutions of higher education have dif-
ferent missions and each institution should design its academic 
program in accordance with its educational goals; 
‘‘(C) an institution of higher education should facilitate 
the free and open exchange of ideas; 
‘‘(D) students should not be intimidated, harassed, discour-
aged from speaking out, or discriminated against; 
‘‘(E) students should be treated equally and fairly; and 
‘‘(F) nothing in this paragraph shall be construed to modify, 
change, or infringe upon any constitutionally protected religious 
liberty, freedom, expression, or association.’’; and 
(2) in subsection (b)(1), by inserting ‘‘, provided that the 
imposition of such sanction is done objectively and fairly’’ after 
‘‘higher education’’. 
SEC. 105. TREATMENT OF TERRITORIES AND TERRITORIAL STUDENT 
ASSISTANCE. 
Section 113 (20 U.S.C. 1011b) is amended— 
(1) by striking ‘‘TREATMENT OF TERRITORIES AND TERRI-
TORIAL STUDENT ASSISTANCE’’ in the heading of such section 
and inserting ‘‘TERRITORIAL WAIVER AUTHORITY’’; 
(2) by striking ‘‘(a) WAIVER AUTHORITY.—’’; and 
(3) by striking subsection (b). 
SEC. 106. NATIONAL ADVISORY COMMITTEE ON INSTITUTIONAL 
QUALITY AND INTEGRITY. 
(a) AMENDMENT.—Section 114 (20 U.S.C. 1011c) is amended 
to read as follows:
H. R. 4137—14 
‘‘SEC. 114. NATIONAL ADVISORY COMMITTEE ON INSTITUTIONAL 
QUALITY AND INTEGRITY. 
‘‘(a) ESTABLISHMENT.—There is established in the Department 
a National Advisory Committee on Institutional Quality and Integ-
rity (in this section referred to as the ‘Committee’) to assess the 
process of accreditation and the institutional eligibility and certifi-
cation of institutions of higher education (as defined in section 
102) under title IV. 
‘‘(b) MEMBERSHIP.— 
‘‘(1) IN GENERAL.—The Committee shall have 18 members, 
of which— 
‘‘(A) six members shall be appointed by the Secretary; 
‘‘(B) six members shall be appointed by the Speaker 
of the House of Representatives, three of whom shall be 
appointed on the recommendation of the majority leader 
of the House of Representatives, and three of whom shall 
be appointed on the recommendation of the minority leader 
of the House of Representatives; and 
‘‘(C) six members shall be appointed by the President 
pro tempore of the Senate, three of whom shall be 
appointed on the recommendation of the majority leader 
of the Senate, and three of whom shall be appointed on 
the recommendation of the minority leader of the Senate. 
‘‘(2) QUALIFICATIONS.—Individuals shall be appointed as 
members of the Committee— 
‘‘(A) on the basis of the individuals’ experience, integ-
rity, impartiality, and good judgment; 
‘‘(B) from among individuals who are representatives 
of, or knowledgeable concerning, education and training 
beyond secondary education, representing all sectors and 
types of institutions of higher education (as defined in 
section 102); and 
‘‘(C) on the basis of the individuals’ technical qualifica-
tions, professional standing, and demonstrated knowledge 
in the fields of accreditation and administration in higher 
education. 
‘‘(3) TERMS OF MEMBERS.—Except as provided in paragraph 
(5), the term of office of each member of the Committee shall 
be for six years, except that any member appointed to fill 
a vacancy occurring prior to the expiration of the term for 
which the member’s predecessor was appointed shall be 
appointed for the remainder of such term. 
‘‘(4) VACANCY.—A vacancy on the Committee shall be filled 
in the same manner as the original appointment was made 
not later than 90 days after the vacancy occurs. If a vacancy 
occurs in a position to be filled by the Secretary, the Secretary 
shall publish a Federal Register notice soliciting nominations 
for the position not later than 30 days after being notified 
of the vacancy. 
‘‘(5) INITIAL
TERMS.—The terms of office for the initial 
members of the Committee shall be— 
‘‘(A) three years for members appointed under para-
graph (1)(A); 
‘‘(B) four years for members appointed under para-
graph (1)(B); and 
‘‘(C) six years for members appointed under paragraph 
(1)(C).
H. R. 4137—15 
‘‘(6) CHAIRPERSON.—The members of the Committee shall 
select a chairperson from among the members. 
‘‘(c) FUNCTIONS.—The Committee shall— 
‘‘(1) advise the Secretary with respect to establishment 
and enforcement of the standards of accrediting agencies or 
associations under subpart 2 of part H of title IV; 
‘‘(2) advise the Secretary with respect to the recognition 
of a specific accrediting agency or association; 
‘‘(3) advise the Secretary with respect to the preparation 
and publication of the list of nationally recognized accrediting 
agencies and associations; 
‘‘(4) advise the Secretary with respect to the eligibility 
and certification process for institutions of higher education 
under title IV, together with recommendations for improve-
ments in such process; 
‘‘(5) advise the Secretary with respect to the relationship 
between— 
‘‘(A) accreditation of institutions of higher education 
and the certification and eligibility of such institutions; 
and 
‘‘(B) State licensing responsibilities with respect to such 
institutions; and 
‘‘(6) carry out such other advisory functions relating to 
accreditation and institutional eligibility as the Secretary may 
prescribe by regulation. 
‘‘(d) MEETING PROCEDURES.— 
‘‘(1) SCHEDULE.— 
‘‘(A) BIANNUAL MEETINGS.—The Committee shall meet 
not less often than twice each year, at the call of the 
Chairperson. 
‘‘(B) PUBLICATION
OF
DATE.—The Committee shall 
submit the date and location of each meeting in advance 
to the Secretary, and the Secretary shall publish such 
information in the Federal Register not later than 30 days 
before the meeting. 
‘‘(2) AGENDA.— 
‘‘(A) ESTABLISHMENT.—The agenda for a meeting of 
the Committee shall be established by the Chairperson 
and shall be submitted to the members of the Committee 
upon notification of the meeting. 
‘‘(B) OPPORTUNITY FOR PUBLIC COMMENT.—The agenda 
shall include, at a minimum, opportunity for public com-
ment during the Committee’s deliberations. 
‘‘(3) SECRETARY’S DESIGNEE.—The Secretary shall designate 
an employee of the Department to serve as the Secretary’s 
designee to the Committee, and the Chairperson shall invite 
the Secretary’s designee to attend all meetings of the Com-
mittee. 
‘‘(4) FEDERAL
ADVISORY
COMMITTEE
ACT.—The Federal 
Advisory Committee Act (5 U.S.C. App.) shall apply to the 
Committee, except that section 14 of such Act shall not apply. 
‘‘(e) REPORT AND NOTICE.— 
‘‘(1) NOTICE.—The Secretary shall annually publish in the 
Federal Register— 
‘‘(A) a list containing, for each member of the Com-
mittee— 
‘‘(i) the member’s name;
H. R. 4137—16 
‘‘(ii) the date of the expiration of the member’s 
term of office; and 
‘‘(iii) the name of the individual described in sub-
section (b)(1) who appointed the member; and 
‘‘(B) a solicitation of nominations for each expiring 
term of office on the Committee of a member appointed 
by the Secretary. 
‘‘(2) REPORT.—Not later than the last day of each fiscal 
year, the Committee shall make available an annual report 
to the Secretary, the authorizing committees, and the public. 
The annual report shall contain— 
‘‘(A) a detailed summary of the agenda and activities 
of, and the findings and recommendations made by, the 
Committee during the fiscal year preceding the fiscal year 
in which the report is made; 
‘‘(B) a list of the date and location of each meeting 
during the fiscal year preceding the fiscal year in which 
the report is made; 
‘‘(C) a list of the members of the Committee; and 
‘‘(D) a list of the functions of the Committee, including 
any additional functions established by the Secretary 
through regulation. 
‘‘(f) TERMINATION.—The Committee shall terminate on Sep-
tember 30, 2014.’’. 
(b) TRANSITION.—Notwithstanding section 114 of the Higher 
Education Act of 1965 (20 U.S.C. 1011c) (as in effect before, during, 
and after the date of enactment of this Act)— 
(1) the term of each member appointed to the National 
Advisory Committee on Institutional Quality and Integrity 
before the date of enactment of this Act shall expire on the 
date of enactment of this Act; 
(2) no new members shall be appointed to the National 
Advisory Committee on Institutional Quality and Integrity 
during the period beginning on the date of enactment of this 
Act and ending on January 31, 2009; and 
(3) no meeting of the National Advisory Committee on 
Institutional Quality and Integrity shall be convened during 
such period. 
(c) EFFECTIVE DATE.—The amendment made by subsection (a) 
shall take effect on January 1, 2009. 
SEC. 107. DRUG AND ALCOHOL ABUSE PREVENTION. 
Section 120 (20 U.S.C. 1011i) is amended— 
(1) in subsection (a)(2)— 
(A) in subparagraph (A), by striking ‘‘and’’ after the 
semicolon; 
(B) by redesignating subparagraph (B) as subpara-
graph (D); and 
(C) by inserting after subparagraph (A) the following: 
‘‘(B) determine the number of drug and alcohol-related 
violations and fatalities that— 
‘‘(i) occur on the institution’s campus (as defined 
in section 485(f)(6)), or as part of any of the institution’s 
activities; and 
‘‘(ii) are reported to campus officials; 
‘‘(C) determine the number and type of sanctions 
described in paragraph (1)(E) that are imposed by the
H. R. 4137—17 
institution as a result of drug and alcohol-related violations 
and fatalities on the institution’s campus or as part of 
any of the institution’s activities; and’’; 
(2) in subsection (e)(5), by striking ‘‘$5,000,000’’ and all 
that follows through the period at the end and inserting ‘‘such 
sums as may be necessary for fiscal year 2009 and each of 
the five succeeding fiscal years.’’; and 
(3) by striking subsection (f). 
SEC. 108. PRIOR RIGHTS AND OBLIGATIONS. 
Section 121(a) (20 U.S.C. 1011j(a)) is amended— 
(1) in paragraph (1), by striking ‘‘1999 and for each of 
the 4 succeeding fiscal years’’ and inserting ‘‘2009 and for 
each succeeding fiscal year’’; and 
(2) in paragraph (2), by striking ‘‘1999 and for each of 
the 4 succeeding fiscal years’’ and inserting ‘‘2009 and for 
each succeeding fiscal year’’. 
SEC. 109. DIPLOMA MILLS. 
Part B of title I (20 U.S.C. 1011 et seq.) is further amended 
by adding at the end the following: 
‘‘SEC. 123. DIPLOMA MILLS. 
‘‘(a) INFORMATION TO THE PUBLIC.—The Secretary shall main-
tain information and resources on the Department’s website to 
assist students, families, and employers in understanding what 
a diploma mill is and how to identify and avoid diploma mills. 
‘‘(b) COLLABORATION.—The Secretary shall continue to collabo-
rate with the United States Postal Service, the Federal Trade 
Commission, the Department of Justice (including the Federal 
Bureau of Investigation), the Internal Revenue Service, and the 
Office of Personnel Management to maximize Federal efforts to— 
‘‘(1) prevent, identify, and prosecute diploma mills; and 
‘‘(2) broadly disseminate to the public information about 
diploma mills, and resources to identify diploma mills.’’. 
SEC. 110. IMPROVED INFORMATION CONCERNING THE FEDERAL STU-
DENT FINANCIAL AID WEBSITE. 
(a) 
PROMOTION
OF
FEDERAL
STUDENT
FINANCIAL
AID 
WEBSITE.—Section 131 (20 U.S.C. 1015) is amended by striking 
subsection (d) and inserting the following: 
‘‘(d) PROMOTION OF THE DEPARTMENT OF EDUCATION FEDERAL 
STUDENT FINANCIAL AID WEBSITE.—The Secretary shall display 
a link to the Federal student financial aid website of the Depart-
ment in a prominent place on the homepage of the Department’s 
website. 
‘‘(e) ENHANCED STUDENT FINANCIAL AID INFORMATION.— 
‘‘(1) IMPLEMENTATION.—The Secretary shall continue to 
improve the usefulness and accessibility of the information 
provided by the Department on college planning and student 
financial aid. 
‘‘(2) DISSEMINATION.—The Secretary shall continue to make 
the availability of the information on the Federal student finan-
cial aid website of the Department widely known, through 
a major media campaign and other forms of communication.
H. R. 4137—18 
‘‘(3) COORDINATION.—As a part of the efforts required under 
this subsection, the Secretary shall create one website acces-
sible from the Department’s website that fulfills the require-
ments under subsections (b), (f), and (g).’’. 
(b) IMPROVED INFORMATION CONCERNING FINANCIAL AID FOR 
MILITARY MEMBERS AND VETERANS.—Section 131 (as amended by 
subsection (a)) (20 U.S.C. 1015) is further amended by adding 
at the end the following: 
‘‘(f) IMPROVED AVAILABILITY AND COORDINATION OF INFORMA-
TION CONCERNING STUDENT FINANCIAL AID PROGRAMS FOR MILI-
TARY MEMBERS AND VETERANS.— 
‘‘(1) COORDINATION.—The Secretary, in coordination with 
the Secretary of Defense and the Secretary of Veterans Affairs, 
shall create a searchable website that— 
‘‘(A) contains information, in simple and understand-
able terms, about all Federal and State student financial 
assistance, readmission requirements under section 484C, 
and other student services, for which members of the 
Armed Forces (including members of the National Guard 
and Reserves), veterans, and the dependents of such mem-
bers or veterans may be eligible; and 
‘‘(B) is easily accessible through the website described 
in subsection (e)(3). 
‘‘(2) IMPLEMENTATION.—Not later than one year after the 
date of enactment of the Higher Education Opportunity Act, 
the Secretary shall make publicly available the Armed Forces 
information website described in paragraph (1). 
‘‘(3) DISSEMINATION.—The Secretary, in coordination with 
the Secretary of Defense and the Secretary of Veterans Affairs, 
shall make the availability of the Armed Forces information 
website described in paragraph (1) widely known to members 
of the Armed Forces (including members of the National Guard 
and Reserves), veterans, the dependents of such members or 
veterans, States, institutions of higher education, and the gen-
eral public. 
‘‘(4) DEFINITION.—In this subsection, the term ‘Federal and 
State student financial assistance’ means any grant, loan, work 
assistance, tuition assistance, scholarship, fellowship, or other 
form of financial aid for pursuing a postsecondary education 
that is— 
‘‘(A) administered, sponsored, or supported by the 
Department of Education, the Department of Defense, the 
Department of Veterans Affairs, or a State; and 
‘‘(B) available to members of the Armed Forces 
(including members of the National Guard and Reserves), 
veterans, or the dependents of such members or veterans. 
‘‘(g) PROMOTION OF AVAILABILITY OF INFORMATION CONCERNING 
OTHER STUDENT FINANCIAL AID PROGRAMS.— 
‘‘(1) DEFINITION.—For purposes of this subsection, the term 
‘nondepartmental student financial assistance program’ means 
any grant, loan, scholarship, fellowship, or other form of finan-
cial aid for students pursuing a postsecondary education that 
is— 
‘‘(A) distributed directly to the student or to the stu-
dent’s account at an institution of higher education; and
H. R. 4137—19 
‘‘(B) operated, sponsored, or supported by a Federal 
department or agency other than the Department of Edu-
cation. 
‘‘(2) AVAILABILITY
OF
OTHER
STUDENT
FINANCIAL
AID 
INFORMATION.—The Secretary shall ensure that— 
‘‘(A) not later than 90 days after the Secretary receives 
the information required under paragraph (3), the eligi-
bility requirements, application procedures, financial terms 
and conditions, and other relevant information for each 
nondepartmental student financial assistance program are 
searchable and accessible through the Federal student 
financial aid website in a manner that is simple and under-
standable for students and the students’ families; and 
‘‘(B) the website displaying the information described 
in subparagraph (A) includes a link to the National Data-
base on Financial Assistance for the Study of Science, 
Technology, Engineering, and Mathematics pursuant to 
paragraph (4), and the information on military benefits 
under subsection (f), once such Database and information 
are available. 
‘‘(3) NONDEPARTMENTAL
STUDENT
FINANCIAL
ASSISTANCE 
PROGRAMS.—The Secretary shall request all Federal depart-
ments and agencies to provide the information described in 
paragraph (2)(A), and each Federal department or agency 
shall— 
‘‘(A) promptly respond to surveys or other requests 
from the Secretary for the information described in such 
paragraph; and 
‘‘(B) identify for the Secretary any nondepartmental 
student financial assistance program operated, sponsored, 
or supported by such Federal department or agency. 
‘‘(4) NATIONAL STEM DATABASE.— 
‘‘(A) IN GENERAL.—The Secretary shall establish and 
maintain, on the website described in subsection (e)(3), 
a National Database on Financial Assistance for the Study 
of Science, Technology, Engineering, and Mathematics (in 
this paragraph referred to as the ‘STEM Database’). The 
STEM Database shall consist of information on scholar-
ships, fellowships, and other programs of Federal, State, 
local, and, to the maximum extent practicable, private 
financial assistance available for the study of science, tech-
nology, engineering, or mathematics at the postsecondary 
and postbaccalaureate levels. 
‘‘(B) DATABASE
CONTENTS.—The information main-
tained on the STEM Database shall be displayed on the 
website in the following manner: 
‘‘(i) SEPARATE INFORMATION.—The STEM Database 
shall provide separate information for each of the fields 
of science, technology, engineering, and mathematics, 
and for postsecondary and postbaccalaureate programs 
of financial assistance. 
‘‘(ii) INFORMATION ON TARGETED ASSISTANCE.—The 
STEM Database shall provide specific information on 
any program of financial assistance that is targeted 
to individuals based on financial need, merit, or stu-
dent characteristics.
H. R. 4137—20 
‘‘(iii) CONTACT
AND
WEBSITE
INFORMATION.—The 
STEM Database shall provide— 
‘‘(I) standard contact information that an 
interested person may use to contact a sponsor 
of any program of financial assistance included 
in the STEM Database; and 
‘‘(II) if such sponsor maintains a public 
website, a link to the website. 
‘‘(iv) SEARCH
AND
MATCH
CAPABILITIES.—The 
STEM Database shall— 
‘‘(I) have a search capability that permits an 
individual to search for information on the basis 
of each category of the information provided 
through the STEM Database and on the basis 
of combinations of categories of the information 
provided, including— 
‘‘(aa) whether the financial assistance is 
need- or merit-based; and 
‘‘(bb) by relevant academic majors; and 
‘‘(II) have a match capability that— 
‘‘(aa) searches the STEM Database for all 
financial assistance opportunities for which an 
individual may be qualified to apply, based 
on the student characteristics provided by 
such individual; and 
‘‘(bb) provides information to an individual 
for only those opportunities for which such 
individual is qualified, based on the student 
characteristics provided by such individual. 
‘‘(v) 
RECOMMENDATION
AND
DISCLAIMER.—The 
STEM Database shall provide, to the users of the 
STEM Database— 
‘‘(I) a recommendation that students and fami-
lies should carefully review all of the application 
requirements prior to applying for any aid or pro-
gram of student financial assistance; and 
‘‘(II) a disclaimer that the non-Federal pro-
grams of student financial assistance presented 
in the STEM Database are not provided or 
endorsed by the Department or the Federal 
Government. 
‘‘(C) COMPILATION OF FINANCIAL ASSISTANCE INFORMA-
TION.—In carrying out this paragraph, the Secretary 
shall— 
‘‘(i) consult with public and private sources of schol-
arships, fellowships, and other programs of student 
financial assistance; and 
‘‘(ii) make easily available a process for such enti-
ties to provide regular and updated information about 
the scholarships, fellowships, or other programs of stu-
dent financial assistance. 
‘‘(D) CONTRACT
AUTHORIZED.—In carrying out the 
requirements of this paragraph, the Secretary is authorized 
to enter into a contract with a private entity with dem-
onstrated expertise in creating and maintaining databases 
such as the one required under this paragraph, under 
which contract the entity shall furnish, and regularly
H. R. 4137—21 
update, all of the information required to be maintained 
on the STEM Database. 
‘‘(5) DISSEMINATION OF INFORMATION.—The Secretary shall 
take such actions, on an ongoing basis, as may be necessary 
to disseminate information under this subsection and to encour-
age the use of the information by interested parties, including 
sending notices to secondary schools and institutions of higher 
education.’’. 
(c) NO USER FEES FOR DEPARTMENT FINANCIAL AID WEBSITES.— 
Section 131 (as amended by subsection (b)) (20 U.S.C. 1015) is 
further amended by adding at the end the following: 
‘‘(h) NO
USER
FEES
FOR
DEPARTMENT
FINANCIAL
AID 
WEBSITES.—No fee shall be charged to any individual to access— 
‘‘(1) a database or website of the Department that provides 
information about higher education programs or student finan-
cial assistance, including the College Navigator website (or 
successor website) and the websites and databases described 
in this section and section 132; or 
‘‘(2) information about higher education programs or stu-
dent financial assistance available through a database or 
website of the Department.’’. 
SEC. 111. TRANSPARENCY IN COLLEGE TUITION FOR CONSUMERS. 
Part C of title I (20 U.S.C. 1015) is amended by adding at 
the end the following: 
‘‘SEC. 132. TRANSPARENCY IN COLLEGE TUITION FOR CONSUMERS. 
‘‘(a) DEFINITIONS.—In this section: 
‘‘(1) COLLEGE
NAVIGATOR
WEBSITE.—The term ‘College 
Navigator website’ means the College Navigator website oper-
ated by the Department and includes any successor website. 
‘‘(2) COST OF ATTENDANCE.—The term ‘cost of attendance’ 
means the average annual cost of tuition and fees, room and 
board, books, supplies, and transportation for an institution 
of higher education for a first-time, full-time undergraduate 
student enrolled in the institution. 
‘‘(3) NET PRICE.—The term ‘net price’ means the average 
yearly price actually charged to first-time, full-time under-
graduate students receiving student aid at an institution of 
higher education after deducting such aid, which shall be deter-
mined by calculating the difference between— 
‘‘(A) the institution’s cost of attendance for the year 
for which the determination is made; and 
‘‘(B) the quotient of— 
‘‘(i) the total amount of need-based grant aid and 
merit-based grant aid, from Federal, State, and institu-
tional sources, provided to such students enrolled in 
the institution for such year; and 
‘‘(ii) the total number of such students receiving 
such need-based grant aid or merit-based grant aid 
for such year. 
‘‘(4) TUITION AND FEES.—The term ‘tuition and fees’ means 
the average annual cost of tuition and fees for an institution 
of higher education for first-time, full-time undergraduate stu-
dents enrolled in the institution. 
‘‘(b) CALCULATIONS FOR PUBLIC INSTITUTIONS.—In making the 
calculations regarding cost of attendance, net price, and tuition 
and fees under this section with respect to a public institution
H. R. 4137—22 
of higher education, the Secretary shall calculate the cost of attend-
ance, net price, and tuition and fees at such institution in the 
manner described in subsection (a), except that— 
‘‘(1) the cost of attendance, net price, and tuition and fees 
shall be calculated for first-time, full-time undergraduate stu-
dents enrolled in the institution who are residents of the State 
in which such institution is located; and 
‘‘(2) in determining the net price, the average need-based 
grant aid and merit-based grant aid described in subsection 
(a)(3)(B) shall be calculated based on the average total amount 
of such aid received by first-time, full-time undergraduate stu-
dents who are residents of the State in which such institution 
is located, divided by the total number of such resident students 
receiving such need-based grant aid or merit-based grant aid 
at such institution. 
‘‘(c) COLLEGE AFFORDABILITY AND TRANSPARENCY LISTS.— 
‘‘(1) AVAILABILITY OF LISTS.—Beginning July 1, 2011, the 
Secretary shall make publicly available on the College Navi-
gator website, in a manner that is sortable and searchable 
by State, the following: 
‘‘(A) A list of the five percent of institutions in each 
category described in subsection (d) that have the highest 
tuition and fees for the most recent academic year for 
which data are available. 
‘‘(B) A list of the five percent of institutions in each 
such category that have the highest net price for the most 
recent academic year for which data are available. 
‘‘(C) A list of the five percent of institutions in each 
such category that have the largest increase, expressed 
as a percentage change, in tuition and fees over the most 
recent three academic years for which data are available, 
using the first academic year of the three-year period as 
the base year to compute such percentage change. 
‘‘(D) A list of the five percent of institutions in each 
such category that have the largest increase, expressed 
as a percentage change, in net price over the most recent 
three academic years for which data are available, using 
the first academic year of the three-year period as the 
base year to compute such percentage change. 
‘‘(E) A list of the ten percent of institutions in each 
such category that have the lowest tuition and fees for 
the most recent academic year for which data are available. 
‘‘(F) A list of the ten percent of institutions in each 
such category that have the lowest net price for the most 
recent academic year for which data are available. 
‘‘(2) ANNUAL
UPDATES.—The Secretary shall annually 
update the lists described in paragraph (1) on the College 
Navigator website. 
‘‘(d) CATEGORIES OF INSTITUTIONS.—The lists described in sub-
section (c)(1) shall be compiled according to the following categories 
of institutions that participate in programs under title IV: 
‘‘(1) Four-year public institutions of higher education. 
‘‘(2) Four-year private, nonprofit institutions of higher edu-
cation. 
‘‘(3) Four-year private, for-profit institutions of higher edu-
cation. 
‘‘(4) Two-year public institutions of higher education.
H. R. 4137—23 
‘‘(5) Two-year private, nonprofit institutions of higher edu-
cation. 
‘‘(6) Two-year private, for-profit institutions of higher edu-
cation. 
‘‘(7) Less than two-year public institutions of higher edu-
cation. 
‘‘(8) Less than two-year private, nonprofit institutions of 
higher education. 
‘‘(9) Less than two-year private, for-profit institutions of 
higher education. 
‘‘(e) REPORTS BY INSTITUTIONS.— 
‘‘(1) REPORT
TO
SECRETARY.—If an institution of higher 
education is included on a list described in subparagraph (C) 
or (D) of subsection (c)(1), the institution shall submit to the 
Secretary a report containing the following information: 
‘‘(A) A description of the major areas in the institution’s 
budget with the greatest cost increases. 
‘‘(B) An explanation of the cost increases described 
in subparagraph (A). 
‘‘(C) A description of the steps the institution will take 
toward the goal of reducing costs in the areas described 
in subparagraph (A). 
‘‘(D) In the case of an institution that is included 
on the same list under subparagraph (C) or (D) of sub-
section (c)(1) for two or more consecutive years, a descrip-
tion of the progress made on the steps described in subpara-
graph (C) of this paragraph that were included in the 
institution’s report for the previous year. 
‘‘(E) If the determination of any cost increase described 
in subparagraph (A) is not within the exclusive control 
of the institution— 
‘‘(i) an explanation of the extent to which the 
institution participates in determining such cost 
increase; 
‘‘(ii) the identification of the agency or instrumen-
tality of State government responsible for determining 
such cost increase; and 
‘‘(iii) any other information the institution con-
siders relevant to the report. 
‘‘(2) INFORMATION TO THE PUBLIC.—The Secretary shall— 
‘‘(A) issue an annual report that summarizes all of 
the reports by institutions required under paragraph (1) 
to the authorizing committees; and 
‘‘(B) publish such report on the College Navigator 
website. 
‘‘(f) EXEMPTIONS.— 
‘‘(1) IN GENERAL.—An institution shall not be placed on 
a list described in subparagraph (C) or (D) of subsection (c)(1), 
and shall not be subject to the reporting required under sub-
section (e), if the dollar amount of the institution’s increase 
in tuition and fees, or net price, as applicable, is less than 
$600 for the three-year period described in such subparagraph. 
‘‘(2) UPDATE.—Beginning in 2014, and every three years 
thereafter, the Secretary shall update the dollar amount 
described in paragraph (1) based on annual increases in infla-
tion, using the Consumer Price Index for each of the three 
most recent preceding years.
H. R. 4137—24 
‘‘(g) STATE HIGHER EDUCATION SPENDING CHART.—The Sec-
retary shall annually report on the College Navigator website, in 
charts for each State, comparisons of— 
‘‘(1) the percentage change in spending by such State per 
full-time equivalent student at all public institutions of higher 
education in such State, for each of the five most recent pre-
ceding academic years; 
‘‘(2) the percentage change in tuition and fees for such 
students for all public institutions of higher education in such 
State for each of the five most recent preceding academic years; 
and 
‘‘(3) the percentage change in the total amount of need- 
based aid and merit-based aid provided by such State to full- 
time students enrolled in the public institutions of higher edu-
cation in the State for each of the five most recent preceding 
academic years. 
‘‘(h) NET PRICE CALCULATOR.— 
‘‘(1) DEVELOPMENT OF NET PRICE CALCULATOR.—Not later 
than one year after the date of enactment of the Higher Edu-
cation Opportunity Act, the Secretary shall, in consultation 
with institutions of higher education and other appropriate 
experts, develop a net price calculator to help current and 
prospective students, families, and other consumers estimate 
the individual net price of an institution of higher education 
for a student. The calculator shall be developed in a manner 
that enables current and prospective students, families, and 
consumers to determine an estimate of a current or prospective 
student’s individual net price at a particular institution. 
‘‘(2) CALCULATION OF INDIVIDUAL NET PRICE.—For purposes 
of this subsection, an individual net price of an institution 
of higher education shall be calculated in the same manner 
as the net price of such institution is calculated under sub-
section (a)(3), except that the cost of attendance and the amount 
of need-based and merit-based aid available shall be calculated 
for the individual student as much as practicable. 
‘‘(3) USE
OF
NET
PRICE
CALCULATOR
BY
INSTITUTIONS.— 
Not later than two years after the date on which the Secretary 
makes the calculator developed under paragraph (1) available 
to institutions of higher education, each institution of higher 
education that receives Federal funds under title IV shall make 
publicly available on the institution’s website a net price calcu-
lator to help current and prospective students, families, and 
other consumers estimate a student’s individual net price at 
such institution of higher education. Such calculator may be 
a net price calculator developed— 
‘‘(A) by the Department pursuant to paragraph (1); 
or 
‘‘(B) by the institution of higher education, if the 
institution’s calculator includes, at a minimum, the same 
data elements included in the calculator developed under 
paragraph (1). 
‘‘(4) DISCLAIMER.—Estimates of an individual net price 
determined using a net price calculator required under para-
graph (3) shall be accompanied by a clear and conspicuous 
notice— 
‘‘(A) stating that the estimate—
H. R. 4137—25 
‘‘(i) does not represent a final determination, or 
actual award, of financial assistance; 
‘‘(ii) shall not be binding on the Secretary, the 
institution of higher education, or the State; and 
‘‘(iii) may change; 
‘‘(B) stating that the student must complete the Free 
Application for Federal Student Aid described in section 
483 in order to be eligible for, and receive, an actual 
financial aid award that includes Federal grant, loan, or 
work-study assistance under title IV; and 
‘‘(C) including a link to the website of the Department 
that allows students to access the Free Application for 
Federal Student Aid described in section 483. 
‘‘(i) CONSUMER INFORMATION.— 
‘‘(1) AVAILABILITY OF TITLE IV INSTITUTION INFORMATION.— 
Not later than one year after the date of enactment of the 
Higher Education Opportunity Act, the Secretary shall make 
publicly available on the College Navigator website, in simple 
and understandable terms, the following information about each 
institution of higher education that participates in programs 
under title IV, for the most recent academic year for which 
satisfactory data are available: 
‘‘(A) A statement of the institution’s mission. 
‘‘(B) The total number of undergraduate students who 
applied to, were admitted by, and enrolled in the institu-
tion. 
‘‘(C) For institutions that require SAT or ACT scores 
to be submitted, the reading, writing, mathematics, and 
combined scores on the SAT or ACT, as applicable, for 
the middle 50 percent range of the institution’s freshman 
class. 
‘‘(D) The number of first-time, full-time, and part-time 
students enrolled at the institution, at the undergraduate 
and (if applicable) graduate levels. 
‘‘(E) The number of degree- or certificate-seeking 
undergraduate students enrolled at the institution who 
have transferred from another institution. 
‘‘(F) The percentages of male and female undergraduate 
students enrolled at the institution. 
‘‘(G) Of the first-time, full-time, degree- or certificate- 
seeking undergraduate students enrolled at the institu-
tion— 
‘‘(i) the percentage of such students who are from 
the State in which the institution is located; 
‘‘(ii) the percentage of such students who are from 
other States; and 
‘‘(iii) the percentage of such students who are inter-
national students. 
‘‘(H) The percentages of first-time, full-time, degree- 
or certificate-seeking students enrolled at the institution, 
disaggregated by race and ethnic background. 
‘‘(I) The percentage of undergraduate students enrolled 
at the institution who are formally registered with the 
office of disability services of the institution (or the equiva-
lent office) as students with disabilities, except that if 
such percentage is three percent or less, the institution 
shall report ‘three percent or less’.
H. R. 4137—26 
‘‘(J) The percentages of first-time, full-time, degree- 
or certificate-seeking undergraduate students enrolled at 
the institution who obtain a degree or certificate within— 
‘‘(i) the normal time for completion of, or gradua-
tion from, the student’s program; 
‘‘(ii) 150 percent of the normal time for completion 
of, or graduation from, the student’s program; and 
‘‘(iii) 200 percent of the normal time for completion 
of, or graduation from, the student’s program; 
‘‘(K) The number of certificates, associate degrees, 
baccalaureate degrees, master’s degrees, professional 
degrees, and doctoral degrees awarded by the institution. 
‘‘(L) The undergraduate major areas of study at the 
institution with the highest number of degrees awarded. 
‘‘(M) The student-faculty ratio, the number of full- 
time and part-time faculty, and the number of graduate 
assistants with primarily instructional responsibilities, at 
the institution. 
‘‘(N)(i) The cost of attendance for first-time, full-time 
undergraduate students enrolled in the institution who 
live on campus; 
‘‘(ii) the cost of attendance for first-time, full-time 
undergraduate students enrolled in the institution who 
live off campus; and 
‘‘(iii) in the case of a public institution of higher edu-
cation and notwithstanding subsection (b)(1), the costs 
described in clauses (i) and (ii), for— 
‘‘(I) first-time, full-time students enrolled in the 
institution who are residents of the State in which 
the institution is located; and 
‘‘(II) first-time, full-time students enrolled in the 
institution who are not residents of such State. 
‘‘(O) The average annual grant amount (including Fed-
eral, State, and institutional aid) awarded to a first-time, 
full-time undergraduate student enrolled at the institution 
who receives financial aid. 
‘‘(P) The average annual amount of Federal student 
loans provided through the institution to undergraduate 
students enrolled at the institution. 
‘‘(Q) The total annual grant aid awarded to under-
graduate students enrolled at the institution, from the 
Federal Government, a State, the institution, and other 
sources known by the institution. 
‘‘(R) The percentage of first-time, full-time under-
graduate students enrolled at the institution receiving Fed-
eral, State, and institutional grants, student loans, and 
any other type of student financial assistance known by 
the institution, provided publicly or through the institution, 
such as Federal work-study funds. 
‘‘(S) The number of students enrolled at the institution 
receiving Federal Pell Grants. 
‘‘(T) The institution’s cohort default rate, as defined 
under section 435(m). 
‘‘(U) The information on campus safety required to 
be collected under section 485(i). 
‘‘(V) A link to the institution’s website that provides, 
in an easily accessible manner, the following information:
H. R. 4137—27 
‘‘(i) Student activities offered by the institution. 
‘‘(ii) Services offered by the institution for individ-
uals with disabilities. 
‘‘(iii) Career and placement services offered by the 
institution to students during and after enrollment. 
‘‘(iv) Policies of the institution related to transfer 
of credit from other institutions. 
‘‘(W) A link to the appropriate section of the Bureau 
of Labor Statistics website that provides information on 
regional data on starting salaries in all major occupations. 
‘‘(X) Information required to be submitted under para-
graph (4) and a link to the institution pricing summary 
page described in paragraph (5). 
‘‘(Y) In the case of an institution that was required 
to submit a report under subsection (e)(1), a link to such 
report. 
‘‘(Z) The availability of alternative tuition plans, which 
may include guaranteed tuition plans. 
‘‘(2) ANNUAL
UPDATES.—The Secretary shall annually 
update the information described in paragraph (1) on the Col-
lege Navigator website. 
‘‘(3) CONSULTATION.—The Secretary shall regularly consult 
with current and prospective college students, family members 
of such students, institutions of higher education, and other 
experts to improve the usefulness and relevance of the College 
Navigator website, with respect to the presentation of the con-
sumer information collected in paragraph (1). 
‘‘(4) DATA COLLECTION.—The Commissioner for Education 
Statistics shall continue to update and improve the Integrated 
Postsecondary Education Data System (referred to in this sec-
tion as ‘IPEDS’), including the reporting of information by 
institutions and the timeliness of the data collected. 
‘‘(5) INSTITUTION PRICING SUMMARY PAGE.— 
‘‘(A) AVAILABILITY OF LIST OF PARTICIPATING INSTITU-
TIONS.—The Secretary shall make publicly available on 
the College Navigator website in a sortable and searchable 
format a list of all institutions of higher education that 
participate in programs under title IV, which list shall, 
for each institution, include the following: 
‘‘(i) The tuition and fees for each of the three 
most recent academic years for which data are avail-
able. 
‘‘(ii) The net price for each of the three most recent 
available academic years for which data are available. 
‘‘(iii)(I) During the period beginning July 1, 2010, 
and ending June 30, 2013, the net price for students 
receiving Federal student financial aid under title IV, 
disaggregated by the income categories described in 
paragraph (6), for the most recent academic year for 
which data are available. 
‘‘(II) Beginning July 1, 2013, the net price for 
students receiving Federal student financial aid under 
title IV, disaggregated by the income categories 
described in paragraph (6), for each of the three most 
recent academic years for which data are available.
H. R. 4137—28 
‘‘(iv) The average annual percentage change and 
average annual dollar change in such institution’s tui-
tion and fees for each of the three most recent academic 
years for which data are available. 
‘‘(v) The average annual percentage change and 
average annual dollar change in such institution’s net 
price for each of the three most recent preceding aca-
demic years for which data are available. 
‘‘(vi) A link to the webpage on the College Navi-
gator website that provides the information described 
in paragraph (1) for the institution. 
‘‘(B) ANNUAL UPDATES.—The Secretary shall annually 
update the lists described in subparagraph (A) on the Col-
lege Navigator website. 
‘‘(6) INCOME CATEGORIES.— 
‘‘(A) IN
GENERAL.—For purposes of reporting the 
information required under this subsection, the following 
income categories shall apply for students who receive Fed-
eral student financial aid under title IV: 
‘‘(i) $0–30,000. 
‘‘(ii) $30,001–48,000. 
‘‘(iii) $48,001–75,000. 
‘‘(iv) $75,001–110,000. 
‘‘(v) $110,001 and more. 
‘‘(B) ADJUSTMENT.—The Secretary may adjust the 
income categories listed in subparagraph (A) using the 
Consumer Price Index if the Secretary determines such 
adjustment is necessary. 
‘‘(j) MULTI-YEAR TUITION CALCULATOR.— 
‘‘(1) DEVELOPMENT OF MULTI-YEAR TUITION CALCULATOR.— 
Not later than one year after the date of enactment of the 
Higher Education Opportunity Act, the Secretary shall, in con-
sultation with institutions of higher education, financial plan-
ners, and other appropriate experts, develop a multi-year tui-
tion calculator to help current and prospective students, fami-
lies of such students, and other consumers estimate the amount 
of tuition an individual may pay to attend an institution of 
higher education in future years. 
‘‘(2) CALCULATION OF MULTI-YEAR TUITION.—The multi-year 
tuition calculator described in paragraph (1) shall— 
‘‘(A) allow an individual to select an institution of 
higher education for which the calculation shall be made; 
‘‘(B) calculate an estimate of tuition and fees for each 
year of the normal duration of the program of study at 
such institution by— 
‘‘(i) using the tuition and fees for such institution, 
as reported under subsection (i)(5)(A)(i), for the most 
recent academic year for which such data are reported; 
and 
‘‘(ii) determining an estimated annual percentage 
change for each year for which the calculation is made, 
based on the annual percentage change in such institu-
tion’s tuition and fees, as reported under subsection 
(i)(5)(A)(iv), for the most recent three-year period for 
which such data are reported; 
‘‘(C) calculate an estimate of the total amount of tuition 
and fees to complete a program of study at such institution,
H. R. 4137—29 
based on the normal duration of such program, using the 
estimate calculated under subparagraph (B) for each year 
of the program of study; 
‘‘(D) provide the individual with the option to replace 
the estimated annual percentage change described in 
subparagraph (B)(ii) with an alternative annual percentage 
change specified by the individual, and calculate an esti-
mate of tuition and fees for each year and an estimate 
of the total amount of tuition and fees using the alternative 
percentage change; 
‘‘(E) in the case of an institution that offers a multi- 
year tuition guarantee program, allow the individual to 
have the estimates of tuition and fees described in subpara-
graphs (B) and (C) calculated based on the provisions of 
such guarantee program for the tuition and fees charged 
to a student, or cohort of students, enrolled for the duration 
of the program of study; and 
‘‘(F) include any other features or information deter-
mined to be appropriate by the Secretary. 
‘‘(3) AVAILABILITY AND COMPARISON.—The multi-year tui-
tion calculator described in paragraph (1) shall be available 
on the College Navigator website and shall allow current and 
prospective students, families of such students, and consumers 
to compare information and estimates under this subsection 
for multiple institutions of higher education. 
‘‘(4) DISCLAIMER.—Each calculation of estimated tuition and 
fees made using the multi-year tuition calculator described 
in paragraph (1) shall be accompanied by a clear and con-
spicuous notice— 
‘‘(A) stating that the calculation— 
‘‘(i) is only an estimate and not a guarantee of 
the actual amount the student may be charged; 
‘‘(ii) is not binding on the Secretary, the institution 
of higher education, or the State; and 
‘‘(iii) may change, subject to the availability of 
financial assistance, State appropriations, and other 
factors; 
‘‘(B) stating that the student must complete the Free 
Application for Federal Student Aid described in section 
483 in order to be eligible for, and receive, an actual 
financial aid award that includes Federal grant, loan, or 
work-study assistance under title IV; and 
‘‘(C) including a link to the website of the Department 
that allows students to access the Free Application for 
Federal Student Aid described in section 483. 
‘‘(k) STUDENT AID RECIPIENT SURVEY.— 
‘‘(1) SURVEY REQUIRED.—The Secretary, acting through the 
Commissioner for Education Statistics, shall conduct, on a 
State-by-State basis, a survey of recipients of Federal student 
financial aid under title IV— 
‘‘(A) to identify the population of students receiving 
such Federal student financial aid; 
‘‘(B) to describe the income distribution and other socio-
economic characteristics of recipients of such Federal stu-
dent financial aid;
H. R. 4137—30 
‘‘(C) to describe the combinations of aid from Federal, 
State, and private sources received by such recipients from 
all income categories; 
‘‘(D) to describe the— 
‘‘(i) debt burden of such loan recipients, and their 
capacity to repay their education debts; and 
‘‘(ii) the impact of such debt burden on the recipi-
ents’ course of study and post-graduation plans; 
‘‘(E) to describe the impact of the cost of attendance 
of postsecondary education in the determination by stu-
dents of what institution of higher education to attend; 
and 
‘‘(F) to describe how the costs of textbooks and other 
instructional materials affect the costs of postsecondary 
education for students. 
‘‘(2) FREQUENCY.—The survey shall be conducted on a reg-
ular cycle and not less often than once every four years. 
‘‘(3) SURVEY DESIGN.—The survey shall be representative 
of students from all types of institutions, including full-time 
and part-time students, undergraduate, graduate, and profes-
sional students, and current and former students. 
‘‘(4) DISSEMINATION.—The Commissioner for Education 
Statistics shall disseminate to the public, in printed and elec-
tronic form, the information resulting from the survey. 
‘‘(l) REGULATIONS.—The Secretary is authorized to issue such 
regulations as may be necessary to carry out this section.’’. 
SEC. 112. TEXTBOOK INFORMATION. 
(a) AMENDMENT.—Part C of title I (20 U.S.C. 1015) is further 
amended by adding after section 132 (as added by section 111 
of this Act) the following new section: 
‘‘SEC. 133. TEXTBOOK INFORMATION. 
‘‘(a) PURPOSE AND INTENT.—The purpose of this section is to 
ensure that students have access to affordable course materials 
by decreasing costs to students and enhancing transparency and 
disclosure with respect to the selection, purchase, sale, and use 
of course materials. It is the intent of this section to encourage 
all of the involved parties, including faculty, students, administra-
tors, institutions of higher education, bookstores, distributors, and 
publishers, to work together to identify ways to decrease the cost 
of college textbooks and supplemental materials for students while 
supporting the academic freedom of faculty members to select high 
quality course materials for students. 
‘‘(b) DEFINITIONS.—In this section: 
‘‘(1) BUNDLE.—The term ‘bundle’ means one or more college 
textbooks or other supplemental materials that may be pack-
aged together to be sold as course materials for one price. 
‘‘(2) COLLEGE
TEXTBOOK.—The term ‘college textbook’ 
means a textbook or a set of textbooks, used for, or in conjunc-
tion with, a course in postsecondary education at an institution 
of higher education. 
‘‘(3) COURSE SCHEDULE.—The term ‘course schedule’ means 
a listing of the courses or classes offered by an institution 
of higher education for an academic period, as defined by the 
institution. 
‘‘(4) CUSTOM TEXTBOOK.—The term ‘custom textbook’—
H. R. 4137—31 
‘‘(A) means a college textbook that is compiled by a 
publisher at the direction of a faculty member or other 
person or adopting entity in charge of selecting course 
materials at an institution of higher education; and 
‘‘(B) may include, alone or in combination, items such 
as selections from original instructor materials, previously 
copyrighted publisher materials, copyrighted third-party 
works, and elements unique to a specific institution, such 
as commemorative editions. 
‘‘(5) INSTITUTION OF HIGHER EDUCATION.—The term ‘institu-
tion of higher education’ has the meaning given the term in 
section 102. 
‘‘(6) INTEGRATED TEXTBOOK.—The term ‘integrated textbook’ 
means a college textbook that is— 
‘‘(A) combined with materials developed by a third 
party and that, by third-party contractual agreement, may 
not be offered by publishers separately from the college 
textbook with which the materials are combined; or 
‘‘(B) combined with other materials that are so inter-
related with the content of the college textbook that the 
separation of the college textbook from the other materials 
would render the college textbook unusable for its intended 
purpose. 
‘‘(7) PUBLISHER.—The term ‘publisher’ means a publisher 
of college textbooks or supplemental materials involved in or 
affecting interstate commerce. 
‘‘(8) SUBSTANTIAL CONTENT.—The term ‘substantial content’ 
means parts of a college textbook such as new chapters, new 
material covering additional eras of time, new themes, or new 
subject matter. 
‘‘(9) SUPPLEMENTAL
MATERIAL.—The term ‘supplemental 
material’ means educational material developed to accompany 
a college textbook that— 
‘‘(A) may include printed materials, computer disks, 
website access, and electronically distributed materials; and 
‘‘(B) is not being used as a component of an integrated 
textbook. 
‘‘(c) PUBLISHER REQUIREMENTS.— 
‘‘(1) COLLEGE TEXTBOOK PRICING INFORMATION.—When a 
publisher provides a faculty member or other person or adopting 
entity in charge of selecting course materials at an institution 
of higher education receiving Federal financial assistance with 
information regarding a college textbook or supplemental mate-
rial, the publisher shall include, with any such information 
and in writing (which may include electronic communications), 
the following: 
‘‘(A) The price at which the publisher would make 
the college textbook or supplemental material available 
to the bookstore on the campus of, or otherwise associated 
with, such institution of higher education and, if available, 
the price at which the publisher makes the college textbook 
or supplemental material available to the public. 
‘‘(B) The copyright dates of the three previous editions 
of such college textbook, if any. 
‘‘(C) A description of the substantial content revisions 
made between the current edition of the college textbook 
or supplemental material and the previous edition, if any.
H. R. 4137—32 
‘‘(D)(i) Whether the college textbook or supplemental 
material is available in any other format, including paper-
back and unbound; and 
‘‘(ii) for each other format of the college textbook or 
supplemental material, the price at which the publisher 
would make the college textbook or supplemental material 
in the other format available to the bookstore on the cam-
pus of, or otherwise associated with, such institution of 
higher education and, if available, the price at which the 
publisher makes such other format of the college textbook 
or supplemental material available to the public. 
‘‘(2) UNBUNDLING OF COLLEGE TEXTBOOKS FROM SUPPLE-
MENTAL MATERIALS.—A publisher that sells a college textbook 
and any supplemental material accompanying such college text-
book as a single bundle shall also make available the college 
textbook and each supplemental material as separate and 
unbundled items, each separately priced. 
‘‘(3) CUSTOM TEXTBOOKS.—To the maximum extent prac-
ticable, a publisher shall provide the information required 
under this subsection with respect to the development and 
provision of custom textbooks. 
‘‘(d) PROVISION OF ISBN COLLEGE TEXTBOOK INFORMATION IN 
COURSE SCHEDULES.—To the maximum extent practicable, each 
institution of higher education receiving Federal financial assistance 
shall— 
‘‘(1) disclose, on the institution’s Internet course schedule 
and in a manner of the institution’s choosing, the International 
Standard Book Number and retail price information of required 
and recommended college textbooks and supplemental mate-
rials for each course listed in the institution’s course schedule 
used for preregistration and registration purposes, except 
that— 
‘‘(A) if the International Standard Book Number is 
not available for such college textbook or supplemental 
material, then the institution shall include in the Internet 
course schedule the author, title, publisher, and copyright 
date for such college textbook or supplemental material; 
and 
‘‘(B) if the institution determines that the disclosure 
of the information described in this subsection is not prac-
ticable for a college textbook or supplemental material, 
then the institution shall so indicate by placing the designa-
tion ‘To Be Determined’ in lieu of the information required 
under this subsection; and 
‘‘(2) if applicable, include on the institution’s written course 
schedule a notice that textbook information is available on 
the institution’s Internet course schedule, and the Internet 
address for such schedule. 
‘‘(e) AVAILABILITY
OF
INFORMATION
FOR
COLLEGE
BOOK-
STORES.—An institution of higher education receiving Federal finan-
cial assistance shall make available to a college bookstore that 
is operated by, or in a contractual relationship or otherwise affili-
ated with, the institution, as soon as is practicable upon the request 
of such college bookstore, the most accurate information available 
regarding— 
‘‘(1) the institution’s course schedule for the subsequent 
academic period; and
H. R. 4137—33 
‘‘(2) for each course or class offered by the institution for 
the subsequent academic period— 
‘‘(A) the information required by subsection (d)(1) for 
each college textbook or supplemental material required 
or recommended for such course or class; 
‘‘(B) the number of students enrolled in such course 
or class; and 
‘‘(C) the maximum student enrollment for such course 
or class. 
‘‘(f) ADDITIONAL INFORMATION.—An institution disclosing the 
information required by subsection (d)(1) is encouraged to dissemi-
nate to students information regarding— 
‘‘(1) available institutional programs for renting textbooks 
or for purchasing used textbooks; 
‘‘(2) available institutional guaranteed textbook buy-back 
programs; 
‘‘(3) available institutional alternative content delivery pro-
grams; or 
‘‘(4) other available institutional cost-saving strategies. 
‘‘(g) GAO REPORT.—Not later than July 1, 2013, the Comptroller 
General of the United States shall report to the authorizing commit-
tees on the implementation of this section by institutions of higher 
education, college bookstores, and publishers. The report shall 
particularly examine— 
‘‘(1) the availability of college textbook information on 
course schedules; 
‘‘(2) the provision of pricing information to faculty of institu-
tions of higher education by publishers; 
‘‘(3) the use of bundled and unbundled material in the 
college textbook marketplace, including the adoption of 
unbundled materials by faculty and the use of integrated text-
books by publishers; and 
‘‘(4) the implementation of this section by institutions of 
higher education, including the costs and benefits to such 
institutions and to students. 
‘‘(h) RULE OF CONSTRUCTION.—Nothing in this section shall 
be construed to supercede the institutional autonomy or academic 
freedom of instructors involved in the selection of college textbooks, 
supplemental materials, and other classroom materials. 
‘‘(i) NO REGULATORY AUTHORITY.—The Secretary shall not 
promulgate regulations with respect to this section.’’. 
(b) EFFECTIVE DATE.—The amendment made by subsection (a) 
shall take effect on July 1, 2010. 
SEC. 113. DATABASE OF STUDENT INFORMATION PROHIBITED. 
Part C of title I (20 U.S.C. 1015) is further amended by adding 
after section 133 (as added by section 112 of this Act) the following: 
‘‘SEC. 134. DATABASE OF STUDENT INFORMATION PROHIBITED. 
‘‘(a) PROHIBITION.—Except as described in subsection (b), 
nothing in this Act shall be construed to authorize the development, 
implementation, or maintenance of a Federal database of personally 
identifiable information on individuals receiving assistance under 
this Act, attending institutions receiving assistance under this Act, 
or otherwise involved in any studies or other collections of data 
under this Act, including a student unit record system, an education 
bar code system, or any other system that tracks individual students 
over time.
H. R. 4137—34 
‘‘(b) EXCEPTION.—The provisions of subsection (a) shall not 
apply to a system (or a successor system) that— 
‘‘(1) is necessary for the operation of programs authorized 
by title II, IV, or VII; and 
‘‘(2) was in use by the Secretary, directly or through a 
contractor, as of the day before the date of enactment of the 
Higher Education Opportunity Act. 
‘‘(c) STATE DATABASES.—Nothing in this Act shall prohibit a 
State or a consortium of States from developing, implementing, 
or maintaining State-developed databases that track individuals 
over time, including student unit record systems that contain 
information related to enrollment, attendance, graduation and 
retention rates, student financial assistance, and graduate employ-
ment outcomes.’’. 
SEC. 114. IN-STATE TUITION RATES FOR ARMED FORCES MEMBERS, 
SPOUSES, AND DEPENDENT CHILDREN. 
Part C of title I (20 U.S.C. 1015) is further amended by adding 
after section 134 (as added by section 113 of this Act) the following: 
‘‘SEC. 135. IN-STATE TUITION RATES FOR MEMBERS OF THE ARMED 
FORCES ON ACTIVE DUTY, SPOUSES, AND DEPENDENT 
CHILDREN. 
‘‘(a) REQUIREMENT.—In the case of a member of the armed 
forces who is on active duty for a period of more than 30 days 
and whose domicile or permanent duty station is in a State that 
receives assistance under this Act, such State shall not charge 
such member (or the spouse or dependent child of such member) 
tuition for attendance at a public institution of higher education 
in the State at a rate that is greater than the rate charged for 
residents of the State. 
‘‘(b) CONTINUATION.—If a member of the armed forces (or the 
spouse or dependent child of a member) pays tuition at a public 
institution of higher education in a State at a rate determined 
by subsection (a), the provisions of subsection (a) shall continue 
to apply to such member, spouse, or dependent while continuously 
enrolled at that institution, notwithstanding a subsequent change 
in the permanent duty station of the member to a location outside 
the State. 
‘‘(c) EFFECTIVE DATE.—This section shall take effect at each 
public institution of higher education in a State that receives assist-
ance under this Act for the first period of enrollment at such 
institution that begins after July 1, 2009. 
‘‘(d) DEFINITIONS.—In this section, the terms ‘armed forces’ 
and ‘active duty for a period of more than 30 days’ have the 
meanings given those terms in section 101 of title 10, United 
States Code.’’. 
SEC. 115. STATE HIGHER EDUCATION INFORMATION SYSTEM PILOT 
PROGRAM. 
Part C of title I of the Higher Education Act of 1965 (20 
U.S.C. 1015) is further amended by adding after section 135 (as 
added by section 114 of this Act) the following:
H. R. 4137—35 
‘‘SEC. 136. STATE HIGHER EDUCATION INFORMATION SYSTEM PILOT 
PROGRAM. 
‘‘(a) PURPOSE.—It is the purpose of this section to carry out 
a pilot program to assist not more than five States to develop 
State-level postsecondary student data systems to— 
‘‘(1) improve the capacity of States and institutions of 
higher education to generate more comprehensive and com-
parable data, in order to develop better-informed educational 
policy at the State level and to evaluate the effectiveness of 
institutional performance while protecting the confidentiality 
of students’ personally identifiable information; and 
‘‘(2) identify how to best minimize the data-reporting bur-
den placed on institutions of higher education, particularly 
smaller institutions, and to maximize and improve the informa-
tion institutions receive from the data systems, in order to 
assist institutions in improving educational practice and post-
secondary outcomes. 
‘‘(b) DEFINITION OF ELIGIBLE ENTITY.—In this section, the term 
‘eligible entity’ means— 
‘‘(1) a State higher education system; or 
‘‘(2) a consortium of State higher education systems, or 
a consortium of individual institutions of higher education, 
that is broadly representative of institutions in different sectors 
and geographic locations. 
‘‘(c) COMPETITIVE GRANTS.— 
‘‘(1) GRANTS
AUTHORIZED.—The Secretary shall award 
grants, on a competitive basis, to not more than five eligible 
entities to enable the eligible entities to— 
‘‘(A) design, test, and implement systems of postsec-
ondary student data that provide the maximum benefits 
to States, institutions of higher education, and State policy-
makers; and 
‘‘(B) examine the costs and burdens involved in imple-
menting a State-level postsecondary student data system. 
‘‘(2) DURATION.—A grant awarded under this section shall 
be for a period of not more than three years. 
‘‘(d) APPLICATION REQUIREMENTS.—An eligible entity desiring 
a grant under this section shall submit an application to the Sec-
retary at such time, in such manner, and containing such informa-
tion as the Secretary may reasonably require, including a descrip-
tion of— 
‘‘(1) how the eligible entity will ensure that student privacy 
is protected and that individually identifiable information about 
students, the students’ achievements, and the students’ families 
remains confidential in accordance with section 444 of the 
General Education Provisions Act (Family Educational Rights 
and Privacy Act of 1974) (20 U.S.C. 1232g); and 
‘‘(2) how the activities funded by the grant will be supported 
after the three-year grant period. 
‘‘(e) USE OF FUNDS.—A grant awarded under this section shall 
be used to— 
‘‘(1) design, develop, and implement the components of 
a comprehensive postsecondary student data system with the 
capacity to transmit student information within a State; 
‘‘(2) improve the capacity of institutions of higher education 
to analyze and use student data;
H. R. 4137—36 
‘‘(3) select and define common data elements, data quality, 
and other elements that will enable the data system to— 
‘‘(A) serve the needs of institutions of higher education 
for institutional research and improvement; 
‘‘(B) provide students and the students’ families with 
useful information for decision-making about postsecondary 
education; and 
‘‘(C) 
provide 
State 
policymakers 
with 
improved 
information to monitor and guide efforts to improve student 
outcomes and success in higher education; 
‘‘(4) estimate costs and burdens at the institutional level 
for the reporting system for different types of institutions; 
and 
‘‘(5) test the feasibility of protocols and standards for 
maintaining data privacy and data access. 
‘‘(f) EVALUATION; REPORTS.—Not later than six months after 
the end of the projects funded by grants awarded under this section, 
the Secretary shall— 
‘‘(1) conduct a comprehensive evaluation of the pilot pro-
gram authorized by this section; and 
‘‘(2) report the Secretary’s findings, as well as recommenda-
tions regarding the implementation of State-level postsecondary 
student data systems, to the authorizing committees. 
‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 
to be appropriated to carry out this section such sums as may 
be necessary for fiscal year 2009 and each of the five succeeding 
fiscal years.’’. 
SEC. 116. STATE COMMITMENT TO AFFORDABLE COLLEGE EDU-
CATION. 
Part C of title I (20 U.S.C. 1015) is further amended by adding 
after section 136 (as added by section 115 of this Act) the following 
new section: 
‘‘SEC. 137. STATE COMMITMENT TO AFFORDABLE COLLEGE EDU-
CATION. 
‘‘(a) MAINTENANCE OF EFFORT REQUIRED.—A State shall pro-
vide— 
‘‘(1) for public institutions of higher education in such State 
for any academic year beginning on or after July 1, 2008, 
an amount which is equal to or greater than the average 
amount provided for non-capital and non-direct research and 
development expenses or costs by such State to such institutions 
of higher education during the five most recent preceding aca-
demic years for which satisfactory data are available; and 
‘‘(2) for private institutions of higher education in such 
State for any academic year beginning on or after July 1, 
2008, an amount which is equal to or greater than the average 
amount provided for student financial aid for paying costs 
associated with postsecondary education by such State to such 
institutions during the five most recent preceding academic 
years for which satisfactory data are available. 
‘‘(b) ADJUSTMENTS FOR BIENNIAL APPROPRIATIONS.—The Sec-
retary shall take into consideration any adjustments to the calcula-
tions under subsection (a) that may be required to accurately reflect 
funding levels for postsecondary education in States with biennial 
appropriation cycles.
H. R. 4137—37 
‘‘(c) WAIVER.—The Secretary shall waive the requirements of 
subsection (a), if the Secretary determines that such a waiver 
would be equitable due to exceptional or uncontrollable cir-
cumstances, such as a natural disaster or a precipitous and 
unforseen decline in the financial resources of a State or State 
educational agency, as appropriate. 
‘‘(d) VIOLATION OF MAINTENANCE OF EFFORT.—Notwithstanding 
any other provision of law, the Secretary shall withhold from any 
State that violates subsection (a) and does not receive a waiver 
pursuant to subsection (c) any amount that would otherwise be 
available to the State under section 781 until such State has made 
significant efforts to correct such violation.’’. 
SEC. 117. PERFORMANCE-BASED ORGANIZATION FOR THE DELIVERY 
OF FEDERAL STUDENT FINANCIAL ASSISTANCE. 
Section 141 (20 U.S.C. 1018) is amended— 
(1) in subsection (a)— 
(A) in paragraph (1), by striking ‘‘operational’’ and 
inserting ‘‘administrative and oversight’’; and 
(B) in paragraph (2)(D), by striking ‘‘of the operational 
functions’’ and inserting ‘‘and administration’’; 
(2) in subsection (b)— 
(A) in paragraph (1)— 
(i) in subparagraph (A), by striking ‘‘the informa-
tion systems administered by the PBO, and other func-
tions performed by the PBO’’ and inserting ‘‘the Federal 
student financial assistance programs authorized 
under title IV’’; and 
(ii) by striking subparagraph (C) and inserting 
the following: 
‘‘(C) assist the Chief Operating Officer in identifying 
goals for— 
‘‘(i) the administration of the systems used to 
administer the Federal student financial assistance 
programs authorized under title IV; and 
‘‘(ii) the updating of such systems to current tech-
nology.’’; 
(B) in paragraph (2)— 
(i) in the matter preceding subparagraph (A)— 
(I) by striking ‘‘administration of the informa-
tion and financial systems that support’’ and 
inserting ‘‘the administration of Federal’’; and 
(II) by striking ‘‘this title’’ and inserting ‘‘title 
IV’’; 
(ii) in subparagraph (A)— 
(I) in the matter preceding clause (i), by 
striking ‘‘of the delivery system for Federal student 
assistance’’ and inserting ‘‘for the Federal student 
financial assistance programs authorized under 
title IV’’; 
(II) by striking clauses (i) and (ii) and inserting 
the following: 
‘‘(i) the collection, processing, and transmission of 
data to students, institutions, lenders, State agencies, 
and other authorized parties;
H. R. 4137—38 
‘‘(ii) the design and technical specifications for soft-
ware development and procurement for systems sup-
porting the Federal student financial assistance pro-
grams authorized under title IV;’’; 
(III) in clause (iii), by striking ‘‘delivery’’ and 
inserting ‘‘administration’’; 
(IV) in clause (iv)— 
(aa) by inserting ‘‘the Federal’’ after ‘‘sup-
porting’’; 
(bb) by striking ‘‘under this title’’ and 
inserting ‘‘authorized under title IV’’; and 
(cc) by striking ‘‘and’’ after the semicolon; 
(V) in clause (v), by striking ‘‘systems that 
support those programs.’’ and inserting ‘‘the 
administration of the Federal student financial 
assistance programs authorized under title IV; 
and’’; and 
(VI) by adding at the end the following: 
‘‘(vi) ensuring the integrity of the Federal student 
financial assistance programs authorized under title 
IV.’’; and 
(iii) in subparagraph (B), by striking ‘‘operations 
and services’’ and inserting ‘‘activities and functions’’; 
and 
(3) in subsection (c)— 
(A) in the subsection heading, by striking ‘‘PERFORM-
ANCE PLAN
AND REPORT’’ and inserting ‘‘PERFORMANCE 
PLAN, REPORT, AND BRIEFING’’; 
(B) in paragraph (1)(C)— 
(i) by striking ‘‘this title’’ each place the term 
appears and inserting ‘‘under title IV’’; 
(ii) in clause (iii), by striking ‘‘information and 
delivery’’; and 
(iii) in clause (iv)— 
(I) by striking ‘‘Developing an’’ and inserting 
‘‘Developing’’; and 
(II) by striking ‘‘delivery and information 
system’’ and inserting ‘‘systems’’; 
(C) in paragraph (2)— 
(i) in subparagraph (A), by inserting ‘‘the’’ after 
‘‘PBO and’’; and 
(ii) in subparagraph (B), by striking ‘‘Officer’’ and 
inserting ‘‘Officers’’; 
(D) in paragraph (3), by inserting ‘‘students,’’ after 
‘‘consult with’’; and 
(E) by adding at the end the following: 
‘‘(4) BRIEFING ON ENFORCEMENT OF STUDENT LOAN PROVI-
SIONS.—The Secretary shall, upon request, provide a briefing 
to the members of the authorizing committees on the steps 
the Department has taken to ensure— 
‘‘(A) the integrity of the student loan programs; and 
‘‘(B) that lenders and guaranty agencies are adhering 
to the requirements of title IV.’’; 
(4) in subsection (d)— 
(A) in paragraph (1), by striking the second sentence; 
and 
(B) in paragraph (5)—
H. R. 4137—39 
(i) in subparagraph (B), by striking ‘‘paragraph 
(2)’’ and inserting ‘‘paragraph (4)’’; and 
(ii) in subparagraph (C), by striking ‘‘this’’; 
(5) in subsection (f)— 
(A) in paragraph (2), by striking ‘‘to borrowers’’ and 
inserting ‘‘to students, borrowers,’’; and 
(B) in paragraph (3)(A), by striking ‘‘(1)(A)’’ and 
inserting ‘‘(1)’’; 
(6) in subsection (g)(3), by striking ‘‘not more than 25’’; 
(7) in subsection (h), by striking ‘‘organizational effective-
ness’’ and inserting ‘‘effectiveness’’; 
(8) by striking subsection (i); 
(9) by redesignating subsection (j) as subsection (i); and 
(10) in subsection (i) (as redesignated by paragraph (9)), 
by striking ‘‘, including transition costs’’. 
SEC. 118. PROCUREMENT FLEXIBILITY. 
Section 142 (20 U.S.C. 1018a) is amended— 
(1) in subsection (b)— 
(A) in paragraph (1)— 
(i) by striking ‘‘for information systems supporting 
the programs authorized under title IV’’; and 
(ii) by striking ‘‘and’’ after the semicolon; 
(B) in paragraph (2), by striking the period at the 
end and inserting ‘‘; and’’; and 
(C) by adding at the end the following: 
‘‘(3) through the Chief Operating Officer— 
‘‘(A) to the maximum extent practicable, utilize 
procurement systems that streamline operations, improve 
internal controls, and enhance management; and 
‘‘(B) assess the efficiency of such systems and assess 
such systems’ ability to meet PBO requirements.’’; 
(2) by striking subsection (c)(2) and inserting the following: 
‘‘(2) FEE FOR SERVICE ARRANGEMENTS.—The Chief Oper-
ating Officer shall, when appropriate and consistent with the 
purposes of the PBO, acquire services related to the functions 
set forth in section 141(b)(2) from any entity that has the 
capability and capacity to meet the requirements set by the 
PBO. The Chief Operating Officer is authorized to pay fees 
that are equivalent to those paid by other entities to an 
organization that provides services that meet the requirements 
of the PBO, as determined by the Chief Operating Officer.’’; 
(3) in subsection (d)(2)(B), by striking ‘‘on Federal Govern-
ment contracts’’; 
(4) in subsection (g)— 
(A) in paragraph (4)(A)— 
(i) in the subparagraph heading, by striking ‘‘SOLE 
SOURCE.—’’ and inserting ‘‘SINGLE-SOURCE
BASIS.—’’; 
and 
(ii) by striking ‘‘sole-source’’ and inserting ‘‘single- 
source’’; and 
(B) in paragraph (7), by striking ‘‘sole-source’’ and 
inserting ‘‘single-source’’; 
(5) in subsection (h)(2)(A), by striking ‘‘sole-source’’ and 
inserting ‘‘single-source’’; and 
(6) in subsection (l), by striking paragraph (3) and inserting 
the following:
H. R. 4137—40 
‘‘(3) SINGLE-SOURCE BASIS.—The term ‘single-source basis’, 
with respect to an award of a contract, means that the contract 
is awarded to a source after soliciting an offer or offers from, 
and negotiating with, only such source (although such source 
is not the only source in the marketplace capable of meeting 
the need) because such source is the most advantageous source 
for purposes of the award.’’. 
SEC. 119. CERTIFICATION REGARDING THE USE OF CERTAIN FEDERAL 
FUNDS. 
(a) PROHIBITION.—No Federal funds received under the Higher 
Education Act of 1965 (20 U.S.C. 1001 et seq.) by an institution 
of higher education or other postsecondary educational institution 
may be used to pay any person for influencing or attempting to 
influence an officer or employee of any agency, a Member of Con-
gress, an officer or employee of Congress, or an employee of a 
Member of Congress in connection with any Federal action described 
in subsection (b). 
(b) APPLICABILITY.—The prohibition in subsection (a) applies 
with respect to the following Federal actions: 
(1) The awarding of any Federal contract. 
(2) The making of any Federal grant. 
(3) The making of any Federal loan. 
(4) The entering into of any Federal cooperative agreement. 
(5) The extension, continuation, renewal, amendment, or 
modification of any Federal contract, grant, loan, or cooperative 
agreement. 
(c) LOBBYING AND EARMARKS.—No Federal student aid funding 
under the Higher Education Act of 1965 (20 U.S.C. 1001 et seq.) 
may be used to hire a registered lobbyist or pay any person or 
entity for securing an earmark. 
(d) CERTIFICATION.—Each institution of higher education or 
other postsecondary educational institution receiving Federal 
funding under the Higher Education Act of 1965 (20 U.S.C. 1001 
et seq.), as a condition for receiving such funding, shall annually 
certify to the Secretary of Education that the requirements of sub-
sections (a) through (c) have been met. 
(e) ACTIONS TO IMPLEMENT AND ENFORCE.—The Secretary of 
Education shall take such actions as are necessary to ensure that 
the provisions of this section are implemented and enforced. 
SEC. 120. INSTITUTION AND LENDER REPORTING AND DISCLOSURE 
REQUIREMENTS. 
Title I (as amended by this title) (20 U.S.C. 1001 et seq.) 
is further amended by adding at the end the following: 
‘‘PART 
E—LENDER 
AND 
INSTITUTION 
RE-
QUIREMENTS 
RELATING 
TO 
EDUCATION 
LOANS 
‘‘SEC. 151. DEFINITIONS. 
‘‘In this part: 
‘‘(1) AGENT.—The term ‘agent’ means an officer or employee 
of a covered institution or an institution-affiliated organization. 
‘‘(2) COVERED INSTITUTION.—The term ‘covered institution’ 
means any institution of higher education, as such term is
H. R. 4137—41 
defined in section 102, that receives any Federal funding or 
assistance. 
‘‘(3) EDUCATION LOAN.—The term ‘education loan’ (except 
when used as part of the term ‘private education loan’) means— 
‘‘(A) any loan made, insured, or guaranteed under part 
B of title IV; 
‘‘(B) any loan made under part D of title IV; or 
‘‘(C) a private education loan. 
‘‘(4) ELIGIBLE LENDER.—The term ‘eligible lender’ has the 
meaning given such term in section 435(d). 
‘‘(5) INSTITUTION-AFFILIATED
ORGANIZATION.—The term 
‘institution-affiliated organization’— 
‘‘(A) means any organization that— 
‘‘(i) is directly or indirectly related to a covered 
institution; and 
‘‘(ii) is engaged in the practice of recommending, 
promoting, or endorsing education loans for students 
attending such covered institution or the families of 
such students; 
‘‘(B) may include an alumni organization, athletic 
organization, foundation, or social, academic, or profes-
sional organization, of a covered institution; and 
‘‘(C) notwithstanding subparagraphs (A) and (B), does 
not include any lender with respect to any education loan 
secured, made, or extended by such lender. 
‘‘(6) LENDER.—The term ‘lender’ (except when used as part 
of the terms ‘eligible lender’ and ‘private educational lender’)— 
‘‘(A) means— 
‘‘(i) in the case of a loan made, insured, or guaran-
teed under part B of title IV, an eligible lender; 
‘‘(ii) in the case of any loan issued or provided 
to a student under part D of title IV, the Secretary; 
and 
‘‘(iii) in the case of a private education loan, a 
private educational lender as defined in section 140 
of the Truth in Lending Act; and 
‘‘(B) includes any other person engaged in the business 
of securing, making, or extending education loans on behalf 
of the lender. 
‘‘(7) OFFICER.—The term ‘officer’ includes a director or 
trustee of a covered institution or institution-affiliated organiza-
tion, if such individual is treated as an employee of such covered 
institution or institution-affiliated organization, respectively. 
‘‘(8) PREFERRED
LENDER
ARRANGEMENT.—The term ‘pre-
ferred lender arrangement’— 
‘‘(A) means an arrangement or agreement between a 
lender and a covered institution or an institution-affiliated 
organization of such covered institution— 
‘‘(i) under which a lender provides or otherwise 
issues education loans to the students attending such 
covered institution or the families of such students; 
and 
‘‘(ii) that relates to such covered institution or 
such institution-affiliated organization recommending, 
promoting, or endorsing the education loan products 
of the lender; and 
‘‘(B) does not include—
H. R. 4137—42 
‘‘(i) arrangements or agreements with respect to 
loans under part D of title IV; or 
‘‘(ii) arrangements or agreements with respect to 
loans that originate through the auction pilot program 
under section 499(b). 
‘‘(9) PRIVATE
EDUCATION
LOAN.—The term ‘private edu-
cation loan’ has the meaning given the term in section 140 
of the Truth in Lending Act. 
‘‘SEC. 152. RESPONSIBILITIES OF COVERED INSTITUTIONS, INSTITU-
TION-AFFILIATED ORGANIZATIONS, AND LENDERS. 
‘‘(a) RESPONSIBILITIES OF COVERED INSTITUTIONS AND INSTITU-
TION-AFFILIATED ORGANIZATIONS.— 
‘‘(1) DISCLOSURES BY COVERED INSTITUTIONS AND INSTITU-
TION-AFFILIATED ORGANIZATIONS.— 
‘‘(A) PREFERRED LENDER ARRANGEMENT DISCLOSURES.— 
In addition to the disclosures required by subsections 
(a)(27) and (h) of section 487 (if applicable), a covered 
institution, or an institution-affiliated organization of such 
covered institution, that participates in a preferred lender 
arrangement shall disclose— 
‘‘(i) on such covered institution’s or institution- 
affiliated organization’s website and in all informa-
tional materials described in subparagraph (C) that 
describe or discuss education loans— 
‘‘(I) the maximum amount of Federal grant 
and loan aid under title IV available to students, 
in an easy to understand format; 
‘‘(II) the information required to be disclosed 
pursuant to section 153(a)(2)(A)(i), for each type 
of loan described in section 151(3)(A) that is offered 
pursuant to a preferred lender arrangement of the 
institution or organization to students of the 
institution or the families of such students; and 
‘‘(III) a statement that such institution is 
required to process the documents required to 
obtain a loan under part B of title IV from any 
eligible lender the student selects; and 
‘‘(ii) on such covered institution’s or institution- 
affiliated organization’s website and in all informa-
tional materials described in subparagraph (C) that 
describe or discuss private education loans— 
‘‘(I) in the case of a covered institution, the 
information that the Board of Governors of the 
Federal Reserve System requires to be disclosed 
under section 128(e)(11) of the Truth in Lending 
Act (15 U.S.C. 1638(e)(11)), for each type of private 
education loan offered pursuant to a preferred 
lender arrangement of the institution to students 
of the institution or the families of such students; 
and 
‘‘(II) in the case of an institution-affiliated 
organization of a covered institution, the informa-
tion the Board of Governors of the Federal Reserve 
System requires to be disclosed under section 
128(e)(1) of the Truth in Lending Act (15 U.S.C. 
1638(e)(1)), for each type of private education loan
H. R. 4137—43 
offered pursuant to a preferred lender arrange-
ment of the organization to students of such 
institution or the families of such students. 
‘‘(B) PRIVATE EDUCATION LOAN DISCLOSURES.—A cov-
ered institution, or an institution-affiliated organization 
of such covered institution, that provides information 
regarding a private education loan from a lender to a 
prospective borrower shall— 
‘‘(i) provide the prospective borrower with the 
information the Board of Governors of the Federal 
Reserve System requires to be disclosed under section 
128(e)(1) of the Truth in Lending Act (15 U.S.C. 
1638(e)(1)) for such loan; 
‘‘(ii) inform the prospective borrower that— 
‘‘(I) the prospective borrower may qualify for 
loans or other assistance under title IV; and 
‘‘(II) the terms and conditions of loans made, 
insured, or guaranteed under title IV may be more 
favorable than the provisions of private education 
loans; and 
‘‘(iii) ensure that information regarding private 
education loans is presented in such a manner as to 
be distinct from information regarding loans that are 
made, insured, or guaranteed under title IV. 
‘‘(C) INFORMATIONAL
MATERIALS.—The informational 
materials described in this subparagraph are publications, 
mailings, or electronic messages or materials that— 
‘‘(i) are distributed to prospective or current stu-
dents of a covered institution and families of such 
students; and 
‘‘(ii) describe or discuss the financial aid opportuni-
ties available to students at an institution of higher 
education. 
‘‘(2) USE OF INSTITUTION NAME.—A covered institution, or 
an institution-affiliated organization of such covered institution, 
that enters into a preferred lender arrangement with a lender 
regarding private education loans shall not agree to the lender’s 
use of the name, emblem, mascot, or logo of such institution 
or organization, or other words, pictures, or symbols readily 
identified with such institution or organization, in the mar-
keting of private education loans to students attending such 
institution in any way that implies that the loan is offered 
or made by such institution or organization instead of the 
lender. 
‘‘(3) USE OF LENDER NAME.—A covered institution, or an 
institution-affiliated organization of such covered institution, 
that enters into a preferred lender arrangement with a lender 
regarding private education loans shall ensure that the name 
of the lender is displayed in all information and documentation 
related to such loans. 
‘‘(b) LENDER RESPONSIBILITIES.— 
‘‘(1) DISCLOSURES BY LENDERS.— 
‘‘(A) DISCLOSURES TO BORROWERS.— 
‘‘(i) FEDERAL
EDUCATION
LOANS.—For each edu-
cation loan that is made, insured, or guaranteed under 
part B or D of title IV (other than a loan made under 
section 428C or a Federal Direct Consolidation Loan),
H. R. 4137—44 
at or prior to the time the lender disburses such loan, 
the lender shall provide the prospective borrower or 
borrower, in writing (including through electronic 
means), with the disclosures described in subsections 
(a) and (c) of section 433. 
‘‘(ii) PRIVATE
EDUCATION
LOANS.—For each of a 
lender’s private education loans, the lender shall 
comply with the disclosure requirements under section 
128(e) of the Truth in Lending Act (15 U.S.C. 1638(e)). 
‘‘(B) DISCLOSURES TO THE SECRETARY.— 
‘‘(i) IN
GENERAL.—Each lender of a loan made, 
insured, or guaranteed under part B of title IV shall, 
on an annual basis, report to the Secretary— 
‘‘(I) any reasonable expenses paid or provided 
under section 435(d)(5)(D) or paragraph (3)(B) or 
(7) of section 487(e) to any agent of a covered 
institution who— 
‘‘(aa) is employed in the financial aid office 
of a covered institution; or 
‘‘(bb) otherwise has responsibilities with 
respect to education loans or other financial 
aid of the institution; and 
‘‘(II) any similar expenses paid or provided 
to any agent of an institution-affiliated organiza-
tion who is involved in the practice of recom-
mending, promoting, or endorsing education loans. 
‘‘(ii) CONTENTS OF REPORTS.—Each report described 
in clause (i) shall include— 
‘‘(I) the amount for each specific instance in 
which the lender provided such expenses; 
‘‘(II) the name of any agent described in clause 
(i) to whom the expenses were paid or provided; 
‘‘(III) the dates of the activity for which the 
expenses were paid or provided; and 
‘‘(IV) a brief description of the activity for 
which the expenses were paid or provided. 
‘‘(iii) REPORT TO CONGRESS.—The Secretary shall 
summarize the information received from the lenders 
under this subparagraph in a report and transmit such 
report annually to the authorizing committees. 
‘‘(2) CERTIFICATION BY LENDERS.—Not later than 18 months 
after the date of enactment of the Higher Education Oppor-
tunity Act— 
‘‘(A) in addition to any other disclosure required under 
Federal law, each lender of a loan made, insured, or 
guaranteed under part B of title IV that participates in 
one or more preferred lender arrangements shall annually 
certify the lender’s compliance with the requirements of 
this Act; and 
‘‘(B) if an audit of a lender is required pursuant to 
section 428(b)(1)(U)(iii), the lender’s compliance with the 
requirements under this section shall be reported on and 
attested to annually by the auditor of such lender.
H. R. 4137—45 
‘‘SEC. 153. LOAN INFORMATION TO BE DISCLOSED AND MODEL DISCLO-
SURE FORM FOR COVERED INSTITUTIONS, INSTITUTION- 
AFFILIATED ORGANIZATIONS, AND LENDERS PARTICI-
PATING IN PREFERRED LENDER ARRANGEMENTS. 
‘‘(a) DUTIES OF THE SECRETARY.— 
‘‘(1) DETERMINATION OF MINIMUM DISCLOSURES.— 
‘‘(A) IN GENERAL.—Not later than 18 months after the 
date of enactment of the Higher Education Opportunity 
Act, the Secretary, in coordination with the Board of Gov-
ernors of the Federal Reserve System, shall determine 
the minimum information that lenders, covered institu-
tions, and institution-affiliated organizations of such cov-
ered institutions participating in preferred lender arrange-
ments shall make available regarding education loans 
described in section 151(3)(A) that are offered to students 
and the families of such students. 
‘‘(B) CONSULTATION AND CONTENT OF MINIMUM DISCLO-
SURES.—In carrying out subparagraph (A), the Secretary 
shall— 
‘‘(i) consult with students, the families of such 
students, 
representatives 
of 
covered 
institutions 
(including financial aid administrators, admission offi-
cers, and business officers), representatives of institu-
tion-affiliated organizations, secondary school guidance 
counselors, lenders, loan servicers, and guaranty agen-
cies; 
‘‘(ii) include, in the minimum information under 
subparagraph (A) that is required to be made available, 
the information that the Board of Governors of the 
Federal Reserve System requires to be disclosed under 
section 128(e)(1) of the Truth in Lending Act (15 U.S.C. 
1638(e)(1)), modified as necessary to apply to such 
loans; and 
‘‘(iii) consider the merits of requiring each covered 
institution, and each institution-affiliated organization 
of such covered institution, with a preferred lender 
arrangement to provide to prospective borrowers and 
the families of such borrowers the following informa-
tion for each type of education loan offered pursuant 
to such preferred lender arrangement: 
‘‘(I) The interest rate and terms and conditions 
of the loan for the next award year, including 
loan forgiveness and deferment. 
‘‘(II) Information on any charges, such as origi-
nation and Federal default fees, that are payable 
on the loan, and whether those charges will be— 
‘‘(aa) collected by the lender at or prior 
to the disbursal of the loan, including whether 
the charges will be deducted from the proceeds 
of the loan or paid separately by the borrower; 
or 
‘‘(bb) paid in whole or in part by the 
lender. 
‘‘(III) The annual and aggregate maximum 
amounts that may be borrowed. 
‘‘(IV) The average amount borrowed from the 
lender by students who graduated from such
H. R. 4137—46 
institution in the preceding year with certificates, 
undergraduate degrees, graduate degrees, and 
professional degrees, as applicable, and who 
obtained loans of such type from the lender for 
the preceding year. 
‘‘(V) The amount the borrower may pay in 
interest, based on a standard repayment plan and 
the average amount borrowed from the lender by 
students who graduated from such institution in 
the preceding year and who obtained loans of such 
type from the lender for the preceding year, for— 
‘‘(aa) borrowers who take out loans under 
section 428; 
‘‘(bb) borrowers who take out loans under 
section 428B or 428H, who pay the interest 
while in school; and 
‘‘(cc) borrowers who take out loans under 
section 428B or 428H, who do not pay the 
interest while in school. 
‘‘(VI) The consequences for the borrower of 
defaulting on a loan, including limitations on the 
discharge of an education loan in bankruptcy. 
‘‘(VII) Contact information for the lender. 
‘‘(VIII) Other information suggested by the 
persons and entities with whom the Secretary has 
consulted under clause (i). 
‘‘(2) REQUIRED DISCLOSURES.—After making the determina-
tions under paragraph (1), the Secretary, in coordination with 
the Board of Governors of the Federal Reserve System and 
after consultation with the public, shall— 
‘‘(A)(i) provide that the information determined under 
paragraph (1) shall be disclosed by covered institutions, 
and institution-affiliated organizations of such covered 
institutions, 
with 
preferred 
lender 
arrangements 
to 
prospective borrowers and the families of such borrowers 
regarding the education loans described in section 151(3)(A) 
that are offered pursuant to such preferred lender arrange-
ments; and 
‘‘(ii) make clear that such covered institutions and 
institution-affiliated 
organizations 
may 
provide 
the 
required information on a form designed by the institution 
or organization instead of the model disclosure form 
described in subparagraph (B); 
‘‘(B) develop a model disclosure form that may be used 
by covered institutions, institution-affiliated organizations, 
and preferred lenders that includes all of the information 
required under subparagraph (A)(i) in a format that— 
‘‘(i) is easily usable by students, families, institu-
tions, institution-affiliated organizations, lenders, loan 
servicers, and guaranty agencies; and 
‘‘(ii) is similar in format to the form developed 
by the Board of Governors of the Federal Reserve 
System under paragraphs (1) and (5)(A) of section 
128(e), in order to permit students and the families 
of students to easily compare private education loans 
and education loans described in section 151(3)(A); and
H. R. 4137—47 
‘‘(C) update such model disclosure form periodically, 
as necessary. 
‘‘(b) DUTIES OF LENDERS.—Each lender that has a preferred 
lender arrangement with a covered institution, or an institution- 
affiliated organization of such covered institution, with respect to 
education loans described in section 151(3)(A) shall annually, by 
a date determined by the Secretary, provide to such covered institu-
tion or such institution-affiliated organization, and to the Secretary, 
the information the Secretary requires pursuant to subsection 
(a)(2)(A)(i) for each type of education loan described in section 
151(3)(A) that the lender plans to offer pursuant to such preferred 
lender arrangement to students attending such covered institution, 
or to the families of such students, for the next award year. 
‘‘(c) DUTIES OF COVERED INSTITUTIONS AND INSTITUTION-AFFILI-
ATED ORGANIZATIONS.— 
‘‘(1) PROVIDING INFORMATION TO STUDENTS AND FAMILIES.— 
‘‘(A) IN GENERAL.—Each covered institution, and each 
institution-affiliated organization of such covered institu-
tion, that has a preferred lender arrangement shall provide 
the following information to students attending such 
institution, or the families of such students, as applicable: 
‘‘(i) The information the Secretary requires pursu-
ant to subsection (a)(2)(A)(i), for each type of education 
loan described in section 151(3)(A) offered pursuant 
to a preferred lender arrangement to students of such 
institution or the families of such students. 
‘‘(ii)(I) In the case of a covered institution, the 
information that the Board of Governors of the Federal 
Reserve System requires to be disclosed under section 
128(e)(11) of the Truth in Lending Act (15 U.S.C. 
1638(e)(11)) to the covered institution, for each type 
of private education loan offered pursuant to such pre-
ferred lender arrangement to students of such institu-
tion or the families of such students. 
‘‘(II) In the case of an institution-affiliated 
organization, the information the Board of Governors 
of the Federal Reserve System requires to be disclosed 
under section 128(e)(1) of the Truth in Lending Act 
(15 U.S.C. 1638(e)(1)), for each type of private edu-
cation loan offered pursuant to such preferred lender 
arrangement to students of the institution with which 
such organization is affiliated or the families of such 
students. 
‘‘(B) TIMELY PROVISION OF INFORMATION.—The informa-
tion described in subparagraph (A) shall be provided in 
a manner that allows for the students or the families 
to take such information into account before selecting a 
lender or applying for an education loan. 
‘‘(2) ANNUAL REPORT.—Each covered institution, and each 
institution-affiliated organization of such covered institution, 
that has a preferred lender arrangement, shall— 
‘‘(A) prepare and submit to the Secretary an annual 
report, by a date determined by the Secretary, that 
includes, for each lender that has a preferred lender 
arrangement with such covered institution or organiza-
tion—
H. R. 4137—48 
‘‘(i) the information described in clauses (i) and 
(ii) of paragraph (1)(A); and 
‘‘(ii) a detailed explanation of why such covered 
institution or institution-affiliated organization entered 
into a preferred lender arrangement with the lender, 
including why the terms, conditions, and provisions 
of each type of education loan provided pursuant to 
the preferred lender arrangement are beneficial for 
students attending such institution, or the families 
of such students, as applicable; and 
‘‘(B) ensure that the report required under subpara-
graph (A) is made available to the public and provided 
to students attending or planning to attend such covered 
institution and the families of such students. 
‘‘(3) CODE OF CONDUCT.— 
‘‘(A) IN GENERAL.—Each covered institution, and each 
institution-affiliated organization of such covered institu-
tion, that has a preferred lender arrangement, shall comply 
with the code of conduct requirements of subparagraphs 
(A) through (C) of section 487(a)(25). 
‘‘(B) APPLICABLE CODE OF CONDUCT.—For purposes of 
subparagraph (A), an institution-affiliated organization of 
a covered institution shall— 
‘‘(i) comply with the code of conduct developed 
and published by such covered institution under sub-
paragraphs (A) and (B) of section 487(a)(25); 
‘‘(ii) if such institution-affiliated organization has 
a website, publish such code of conduct prominently 
on the website; and 
‘‘(iii) administer and enforce such code of conduct 
by, at a minimum, requiring that all of such organiza-
tion’s agents with responsibilities with respect to edu-
cation loans be annually informed of the provisions 
of such code of conduct. 
‘‘SEC. 154. LOAN INFORMATION TO BE DISCLOSED AND MODEL DISCLO-
SURE FORM FOR INSTITUTIONS PARTICIPATING IN THE 
WILLIAM. D. FORD FEDERAL DIRECT LOAN PROGRAM. 
‘‘(a) PROVISION OF DISCLOSURES TO INSTITUTIONS BY THE SEC-
RETARY.—Not later than 180 days after the development of the 
model disclosure form under section 153(a)(2)(B), the Secretary 
shall provide each institution of higher education participating in 
the William D. Ford Direct Loan Program under part D of title 
IV with a completed model disclosure form including the same 
information for Federal Direct Stafford Loans, Federal Direct 
Unsubsidized Stafford Loans, and Federal Direct PLUS loans made 
to, or on behalf of, students attending each such institution as 
is required on such form for loans described in section 151(3)(A). 
‘‘(b) DUTIES OF INSTITUTIONS.— 
‘‘(1) IN
GENERAL.—Each institution of higher education 
participating in the William D. Ford Direct Loan Program 
under part D of title IV shall— 
‘‘(A) make the information the Secretary provides to 
the institution under subsection (a) available to students 
attending or planning to attend the institution, or the 
families of such students, as applicable; and
H. R. 4137—49 
‘‘(B) if the institution provides information regarding 
a private education loan to a prospective borrower, concur-
rently provide such borrower with the information the Sec-
retary provides to the institution under subsection (a). 
‘‘(2) CHOICE
OF
FORMS.—In providing the information 
required under paragraph (1), an institution of higher education 
may use a comparable form designed by the institution instead 
of the model disclosure form developed under section 
153(a)(2)(B).’’. 
TITLE II—TEACHER QUALITY 
ENHANCEMENT 
SEC. 201. TEACHER QUALITY ENHANCEMENT. 
Title II (20 U.S.C. 1021 et seq.) is amended— 
(1) by inserting before part A the following: 
‘‘SEC. 200. DEFINITIONS. 
‘‘In this title: 
‘‘(1) ARTS
AND
SCIENCES.—The term ‘arts and sciences’ 
means— 
‘‘(A) when referring to an organizational unit of an 
institution of higher education, any academic unit that 
offers one or more academic majors in disciplines or content 
areas corresponding to the academic subject matter areas 
in which teachers provide instruction; and 
‘‘(B) when referring to a specific academic subject area, 
the disciplines or content areas in which academic majors 
are offered by the arts and sciences organizational unit. 
‘‘(2) CHILDREN
FROM
LOW-INCOME
FAMILIES.—The term 
‘children from low-income families’ means children described 
in section 1124(c)(1)(A) of the Elementary and Secondary Edu-
cation Act of 1965. 
‘‘(3) CORE ACADEMIC SUBJECTS.—The term ‘core academic 
subjects’ has the meaning given the term in section 9101 of 
the Elementary and Secondary Education Act of 1965. 
‘‘(4) EARLY CHILDHOOD EDUCATOR.—The term ‘early child-
hood educator’ means an individual with primary responsibility 
for the education of children in an early childhood education 
program. 
‘‘(5) EDUCATIONAL SERVICE AGENCY.—The term ‘educational 
service agency’ has the meaning given the term in section 
9101 of the Elementary and Secondary Education Act of 1965. 
‘‘(6) ELIGIBLE PARTNERSHIP.—Except as otherwise provided 
in section 251, the term ‘eligible partnership’ means an entity 
that— 
‘‘(A) shall include— 
‘‘(i) a high-need local educational agency; 
‘‘(ii)(I) a high-need school or a consortium of high- 
need schools served by the high-need local educational 
agency; or 
‘‘(II) as applicable, a high-need early childhood edu-
cation program; 
‘‘(iii) a partner institution; 
‘‘(iv) a school, department, or program of education 
within such partner institution, which may include
H. R. 4137—50 
an existing teacher professional development program 
with proven outcomes within a four-year institution 
of higher education that provides intensive and sus-
tained collaboration between faculty and local edu-
cational agencies consistent with the requirements of 
this title; and 
‘‘(v) a school or department of arts and sciences 
within such partner institution; and 
‘‘(B) may include any of the following: 
‘‘(i) The Governor of the State. 
‘‘(ii) The State educational agency. 
‘‘(iii) The State board of education. 
‘‘(iv) The State agency for higher education. 
‘‘(v) A business. 
‘‘(vi) A public or private nonprofit educational 
organization. 
‘‘(vii) An educational service agency. 
‘‘(viii) A teacher organization. 
‘‘(ix) A high-performing local educational agency, 
or a consortium of such local educational agencies, 
that can serve as a resource to the partnership. 
‘‘(x) A charter school (as defined in section 5210 
of the Elementary and Secondary Education Act of 
1965). 
‘‘(xi) A school or department within the partner 
institution that focuses on psychology and human 
development. 
‘‘(xii) A school or department within the partner 
institution with comparable expertise in the disciplines 
of teaching, learning, and child and adolescent develop-
ment. 
‘‘(xiii) An entity operating a program that provides 
alternative routes to State certification of teachers. 
‘‘(7) ESSENTIAL COMPONENTS OF READING INSTRUCTION.— 
The term ‘essential components of reading instruction’ has the 
meaning given the term in section 1208 of the Elementary 
and Secondary Education Act of 1965. 
‘‘(8) EXEMPLARY TEACHER.—The term ‘exemplary teacher’ 
has the meaning given the term in section 9101 of the 
Elementary and Secondary Education Act of 1965. 
‘‘(9) HIGH-NEED EARLY CHILDHOOD EDUCATION PROGRAM.— 
The term ‘high-need early childhood education program’ means 
an early childhood education program serving children from 
low-income families that is located within the geographic area 
served by a high-need local educational agency. 
‘‘(10) HIGH-NEED LOCAL EDUCATIONAL AGENCY.—The term 
‘high-need local educational agency’ means a local educational 
agency— 
‘‘(A)(i) for which not less than 20 percent of the children 
served by the agency are children from low-income families; 
‘‘(ii) that serves not fewer than 10,000 children from 
low-income families; 
‘‘(iii) that meets the eligibility requirements for funding 
under the Small, Rural School Achievement Program under 
section 6211(b) of the Elementary and Secondary Education 
Act of 1965; or
H. R. 4137—51 
‘‘(iv) that meets the eligibility requirements for funding 
under the Rural and Low-Income School Program under 
section 6221(b) of the Elementary and Secondary Education 
Act of 1965; and 
‘‘(B)(i) for which there is a high percentage of teachers 
not teaching in the academic subject areas or grade levels 
in which the teachers were trained to teach; or 
‘‘(ii) for which there is a high teacher turnover rate 
or a high percentage of teachers with emergency, provi-
sional, or temporary certification or licensure. 
‘‘(11) HIGH-NEED SCHOOL.— 
‘‘(A) IN GENERAL.—The term ‘high-need school’ means 
a school that, based on the most recent data available, 
meets one or both of the following: 
‘‘(i) The school is in the highest quartile of schools 
in a ranking of all schools served by a local educational 
agency, ranked in descending order by percentage of 
students from low-income families enrolled in such 
schools, as determined by the local educational agency 
based on one of the following measures of poverty: 
‘‘(I) The percentage of students aged 5 through 
17 in poverty counted in the most recent census 
data approved by the Secretary. 
‘‘(II) The percentage of students eligible for 
a free or reduced price school lunch under the 
Richard B. Russell National School Lunch Act. 
‘‘(III) The percentage of students in families 
receiving assistance under the State program 
funded under part A of title IV of the Social Secu-
rity Act. 
‘‘(IV) The percentage of students eligible to 
receive medical assistance under the Medicaid pro-
gram. 
‘‘(V) A composite of two or more of the meas-
ures described in subclauses (I) through (IV). 
‘‘(ii) In the case of— 
‘‘(I) an elementary school, the school serves 
students not less than 60 percent of whom are 
eligible for a free or reduced price school lunch 
under the Richard B. Russell National School 
Lunch Act; or 
‘‘(II) any other school that is not an elementary 
school, the other school serves students not less 
than 45 percent of whom are eligible for a free 
or reduced price school lunch under the Richard 
B. Russell National School Lunch Act. 
‘‘(B) SPECIAL RULE.— 
‘‘(i) DESIGNATION
BY
THE
SECRETARY.—The Sec-
retary may, upon approval of an application submitted 
by an eligible partnership seeking a grant under this 
title, designate a school that does not qualify as a 
high-need school under subparagraph (A) as a high- 
need school for the purpose of this title. The Secretary 
shall base the approval of an application for designa-
tion of a school under this clause on a consideration 
of the information required under clause (ii), and may
H. R. 4137—52 
also take into account other information submitted by 
the eligible partnership. 
‘‘(ii) APPLICATION REQUIREMENTS.—An application 
for designation of a school under clause (i) shall 
include— 
‘‘(I) the number and percentage of students 
attending such school who are— 
‘‘(aa) aged 5 through 17 in poverty counted 
in the most recent census data approved by 
the Secretary; 
‘‘(bb) eligible for a free or reduced price 
school lunch under the Richard B. Russell 
National School Lunch Act; 
‘‘(cc) in families receiving assistance under 
the State program funded under part A of 
title IV of the Social Security Act; or 
‘‘(dd) eligible to receive medical assistance 
under the Medicaid program; 
‘‘(II) information about the student academic 
achievement of students at such school; and 
‘‘(III) for a secondary school, the graduation 
rate for such school. 
‘‘(12) HIGHLY COMPETENT.—The term ‘highly competent’, 
when used with respect to an early childhood educator, means 
an educator— 
‘‘(A) with specialized education and training in develop-
ment and education of young children from birth until 
entry into kindergarten; 
‘‘(B) with— 
‘‘(i) a baccalaureate degree in an academic major 
in the arts and sciences; or 
‘‘(ii) an associate’s degree in a related educational 
area; and 
‘‘(C) who has demonstrated a high level of knowledge 
and use of content and pedagogy in the relevant areas 
associated with quality early childhood education. 
‘‘(13) HIGHLY QUALIFIED.—The term ‘highly qualified’ has 
the meaning given such term in section 9101 of the Elementary 
and Secondary Education Act of 1965 and, with respect to 
special education teachers, in section 602 of the Individuals 
with Disabilities Education Act. 
‘‘(14) INDUCTION PROGRAM.—The term ‘induction program’ 
means a formalized program for new teachers during not less 
than the teachers’ first two years of teaching that is designed 
to provide support for, and improve the professional perform-
ance and advance the retention in the teaching field of, begin-
ning teachers. Such program shall promote effective teaching 
skills and shall include the following components: 
‘‘(A) High-quality teacher mentoring. 
‘‘(B) Periodic, structured time for collaboration with 
teachers in the same department or field, including mentor 
teachers, as well as time for information-sharing among 
teachers, principals, administrators, other appropriate 
instructional staff, and participating faculty in the partner 
institution. 
‘‘(C) The application of empirically-based practice and 
scientifically valid research on instructional practices.
H. R. 4137—53 
‘‘(D) Opportunities for new teachers to draw directly 
on the expertise of teacher mentors, faculty, and 
researchers to support the integration of empirically-based 
practice and scientifically valid research with practice. 
‘‘(E) The development of skills in instructional and 
behavioral interventions derived from empirically-based 
practice and, where applicable, scientifically valid research. 
‘‘(F) Faculty who— 
‘‘(i) model the integration of research and practice 
in the classroom; and 
‘‘(ii) assist new teachers with the effective use and 
integration of technology in the classroom. 
‘‘(G) Interdisciplinary collaboration among exemplary 
teachers, faculty, researchers, and other staff who prepare 
new teachers with respect to the learning process and 
the assessment of learning. 
‘‘(H) Assistance with the understanding of data, 
particularly student achievement data, and the applica-
bility of such data in classroom instruction. 
‘‘(I) Regular and structured observation and evaluation 
of new teachers by multiple evaluators, using valid and 
reliable measures of teaching skills. 
‘‘(15) LIMITED
ENGLISH
PROFICIENT.—The term ‘limited 
English proficient’ has the meaning given the term in section 
9101 of the Elementary and Secondary Education Act of 1965. 
‘‘(16) PARENT.—The term ‘parent’ has the meaning given 
the term in section 9101 of the Elementary and Secondary 
Education Act of 1965. 
‘‘(17) PARTNER INSTITUTION.—The term ‘partner institution’ 
means an institution of higher education, which may include 
a two-year institution of higher education offering a dual pro-
gram with a four-year institution of higher education, partici-
pating in an eligible partnership that has a teacher preparation 
program— 
‘‘(A) whose graduates exhibit strong performance on 
State-determined qualifying assessments for new teachers 
through— 
‘‘(i) demonstrating that 80 percent or more of the 
graduates of the program who intend to enter the 
field of teaching have passed all of the applicable State 
qualification assessments for new teachers, which shall 
include an assessment of each prospective teacher’s 
subject matter knowledge in the content area in which 
the teacher intends to teach; or 
‘‘(ii) being ranked among the highest-performing 
teacher preparation programs in the State as deter-
mined by the State— 
‘‘(I) using criteria consistent with the require-
ments for the State report card under section 
205(b) before the first publication of such report 
card; and 
‘‘(II) using the State report card on teacher 
preparation required under section 205(b), after 
the first publication of such report card and for 
every year thereafter; and 
‘‘(B) that requires—
H. R. 4137—54 
‘‘(i) each student in the program to meet high 
academic standards or demonstrate a record of success, 
as determined by the institution (including prior to 
entering and being accepted into a program), and 
participate in intensive clinical experience; 
‘‘(ii) each student in the program preparing to 
become a teacher to become highly qualified; and 
‘‘(iii) each student in the program preparing to 
become an early childhood educator to meet degree 
requirements, as established by the State, and become 
highly competent. 
‘‘(18) PRINCIPLES OF SCIENTIFIC RESEARCH.—The term ‘prin-
ciples of scientific research’ means principles of research that— 
‘‘(A) apply rigorous, systematic, and objective method-
ology to obtain reliable and valid knowledge relevant to 
education activities and programs; 
‘‘(B) present findings and make claims that are appro-
priate to, and supported by, the methods that have been 
employed; and 
‘‘(C) include, appropriate to the research being con-
ducted— 
‘‘(i) use of systematic, empirical methods that draw 
on observation or experiment; 
‘‘(ii) use of data analyses that are adequate to 
support the general findings; 
‘‘(iii) reliance on measurements or observational 
methods that provide reliable and generalizable 
findings; 
‘‘(iv) strong claims of causal relationships, only 
with research designs that eliminate plausible com-
peting explanations for observed results, such as, but 
not limited to, random-assignment experiments; 
‘‘(v) presentation of studies and methods in suffi-
cient detail and clarity to allow for replication or, at 
a minimum, to offer the opportunity to build systemati-
cally on the findings of the research; 
‘‘(vi) acceptance by a peer-reviewed journal or cri-
tique by a panel of independent experts through a 
comparably rigorous, objective, and scientific review; 
and 
‘‘(vii) consistency of findings across multiple 
studies or sites to support the generality of results 
and conclusions. 
‘‘(19) PROFESSIONAL DEVELOPMENT.—The term ‘professional 
development’ has the meaning given the term in section 9101 
of the Elementary and Secondary Education Act of 1965. 
‘‘(20) SCIENTIFICALLY VALID RESEARCH.—The term ‘scientif-
ically valid research’ includes applied research, basic research, 
and field-initiated research in which the rationale, design, and 
interpretation are soundly developed in accordance with prin-
ciples of scientific research. 
‘‘(21) TEACHER MENTORING.—The term ‘teacher mentoring’ 
means the mentoring of new or prospective teachers through 
a program that— 
‘‘(A) includes clear criteria for the selection of teacher 
mentors who will provide role model relationships for
H. R. 4137—55 
mentees, which criteria shall be developed by the eligible 
partnership and based on measures of teacher effectiveness; 
‘‘(B) provides high-quality training for such mentors, 
including instructional strategies for literacy instruction 
and classroom management (including approaches that 
improve the schoolwide climate for learning, which may 
include positive behavioral interventions and supports); 
‘‘(C) provides regular and ongoing opportunities for 
mentors and mentees to observe each other’s teaching 
methods in classroom settings during the day in a high- 
need school in the high-need local educational agency in 
the eligible partnership; 
‘‘(D) provides paid release time for mentors, as 
applicable; 
‘‘(E) provides mentoring to each mentee by a colleague 
who teaches in the same field, grade, or subject as the 
mentee; 
‘‘(F) promotes empirically-based practice of, and sci-
entifically valid research on, where applicable— 
‘‘(i) teaching and learning; 
‘‘(ii) assessment of student learning; 
‘‘(iii) the development of teaching skills through 
the use of instructional and behavioral interventions; 
and 
‘‘(iv) the improvement of the mentees’ capacity to 
measurably advance student learning; and 
‘‘(G) includes— 
‘‘(i) common planning time or regularly scheduled 
collaboration for the mentor and mentee; and 
‘‘(ii) joint professional development opportunities. 
‘‘(22) TEACHING RESIDENCY PROGRAM.—The term ‘teaching 
residency program’ means a school-based teacher preparation 
program in which a prospective teacher— 
‘‘(A) for one academic year, teaches alongside a mentor 
teacher, who is the teacher of record; 
‘‘(B) receives concurrent instruction during the year 
described in subparagraph (A) from the partner institution, 
which courses may be taught by local educational agency 
personnel or residency program faculty, in the teaching 
of the content area in which the teacher will become cer-
tified or licensed; 
‘‘(C) acquires effective teaching skills; and 
‘‘(D) prior to completion of the program, earns a mas-
ter’s degree, attains full State teacher certification or licen-
sure, and becomes highly qualified. 
‘‘(23) TEACHING SKILLS.—The term ‘teaching skills’ means 
skills that enable a teacher to— 
‘‘(A) increase student learning, achievement, and the 
ability to apply knowledge; 
‘‘(B) effectively convey and explain academic subject 
matter; 
‘‘(C) effectively teach higher-order analytical, evalua-
tion, problem-solving, and communication skills; 
‘‘(D) employ strategies grounded in the disciplines of 
teaching and learning that—
H. R. 4137—56 
‘‘(i) are based on empirically-based practice and 
scientifically valid research, where applicable, related 
to teaching and learning; 
‘‘(ii) are specific to academic subject matter; and 
‘‘(iii) focus on the identification of students’ specific 
learning needs, particularly students with disabilities, 
students who are limited English proficient, students 
who are gifted and talented, and students with low 
literacy levels, and the tailoring of academic instruction 
to such needs; 
‘‘(E) conduct an ongoing assessment of student 
learning, which may include the use of formative assess-
ments, 
performance-based 
assessments, 
project-based 
assessments, or portfolio assessments, that measures 
higher-order thinking skills (including application, anal-
ysis, synthesis, and evaluation); 
‘‘(F) effectively manage a classroom, including the 
ability to implement positive behavioral interventions and 
support strategies; 
‘‘(G) communicate and work with parents, and involve 
parents in their children’s education; and 
‘‘(H) use, in the case of an early childhood educator, 
age-appropriate and developmentally appropriate strategies 
and practices for children in early childhood education 
programs.’’; 
(2) by striking part A and inserting the following: 
‘‘PART A—TEACHER QUALITY PARTNERSHIP 
GRANTS 
‘‘SEC. 201. PURPOSES. 
‘‘The purposes of this part are to— 
‘‘(1) improve student achievement; 
‘‘(2) improve the quality of prospective and new teachers 
by improving the preparation of prospective teachers and 
enhancing professional development activities for new teachers; 
‘‘(3) hold teacher preparation programs at institutions of 
higher education accountable for preparing highly qualified 
teachers; and 
‘‘(4) recruit highly qualified individuals, including minori-
ties and individuals from other occupations, into the teaching 
force. 
‘‘SEC. 202. PARTNERSHIP GRANTS. 
‘‘(a) PROGRAM AUTHORIZED.—From amounts made available 
under section 209, the Secretary is authorized to award grants, 
on a competitive basis, to eligible partnerships, to enable the eligible 
partnerships to carry out the activities described in subsection 
(c). 
‘‘(b) APPLICATION.—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. Each such application shall contain— 
‘‘(1) a needs assessment of the partners in the eligible 
partnership with respect to the preparation, ongoing training, 
professional development, and retention of general education
H. R. 4137—57 
and special education teachers, principals, and, as applicable, 
early childhood educators; 
‘‘(2) a description of the extent to which the program to 
be carried out with grant funds, as described in subsection 
(c), will prepare prospective and new teachers with strong 
teaching skills; 
‘‘(3) a description of how such program will prepare prospec-
tive and new teachers to understand and use research and 
data to modify and improve classroom instruction; 
‘‘(4) a description of— 
‘‘(A) how the eligible partnership will coordinate strate-
gies and activities assisted under the grant with other 
teacher preparation or professional development programs, 
including programs funded under the Elementary and Sec-
ondary Education Act of 1965 and the Individuals with 
Disabilities Education Act, and through the National 
Science Foundation; and 
‘‘(B) how the activities of the partnership will be con-
sistent with State, local, and other education reform activi-
ties that promote teacher quality and student academic 
achievement; 
‘‘(5) an assessment that describes the resources available 
to the eligible partnership, including— 
‘‘(A) the integration of funds from other related sources; 
‘‘(B) the intended use of the grant funds; and 
‘‘(C) the commitment of the resources of the partner-
ship to the activities assisted under this section, including 
financial support, faculty participation, and time commit-
ments, and to the continuation of the activities when the 
grant ends; 
‘‘(6) a description of— 
‘‘(A) how the eligible partnership will meet the pur-
poses of this part; 
‘‘(B) how the partnership will carry out the activities 
required under subsection (d) or (e), based on the needs 
identified in paragraph (1), with the goal of improving 
student academic achievement; 
‘‘(C) if the partnership chooses to use funds under 
this section for a project or activities under subsection 
(f) or (g), how the partnership will carry out such project 
or required activities based on the needs identified in para-
graph (1), with the goal of improving student academic 
achievement; 
‘‘(D) the partnership’s evaluation plan under section 
204(a); 
‘‘(E) how the partnership will align the teacher 
preparation program under subsection (c) with the— 
‘‘(i) State early learning standards for early child-
hood education programs, as appropriate, and with 
the relevant domains of early childhood development; 
and 
‘‘(ii) student academic achievement standards and 
academic content standards under section 1111(b)(2) 
of the Elementary and Secondary Education Act of 
1965, established by the State in which the partnership 
is located;
H. R. 4137—58 
‘‘(F) how the partnership will prepare general edu-
cation teachers to teach students with disabilities, 
including training related to participation as a member 
of individualized education program teams, as defined in 
section 614(d)(1)(B) of the Individuals with Disabilities 
Education Act; 
‘‘(G) how the partnership will prepare general edu-
cation and special education teachers to teach students 
who are limited English proficient; 
‘‘(H) how faculty at the partner institution will work, 
during the term of the grant, with highly qualified teachers 
in the classrooms of high-need schools served by the high- 
need local educational agency in the partnership to— 
‘‘(i) provide high-quality professional development 
activities to strengthen the content knowledge and 
teaching skills of elementary school and secondary 
school teachers; and 
‘‘(ii) train other classroom teachers to implement 
literacy programs that incorporate the essential compo-
nents of reading instruction; 
‘‘(I) how the partnership will design, implement, or 
enhance a year-long and rigorous teaching preservice clin-
ical program component; 
‘‘(J) how the partnership will support in-service profes-
sional development strategies and activities; and 
‘‘(K) how the partnership will collect, analyze, and 
use data on the retention of all teachers and early childhood 
educators in schools and early childhood education pro-
grams located in the geographic area served by the partner-
ship to evaluate the effectiveness of the partnership’s 
teacher and educator support system; and 
‘‘(7) with respect to the induction program required as 
part of the activities carried out under this section— 
‘‘(A) a demonstration that the schools and departments 
within the institution of higher education that are part 
of the induction program will effectively prepare teachers, 
including providing content expertise and expertise in 
teaching, as appropriate; 
‘‘(B) a demonstration of the eligible partnership’s capa-
bility and commitment to, and the accessibility to and 
involvement of faculty in, the use of empirically-based prac-
tice and scientifically valid research on teaching and 
learning; 
‘‘(C) a description of how the teacher preparation pro-
gram will design and implement an induction program 
to support, through not less than the first two years of 
teaching, all new teachers who are prepared by the teacher 
preparation program in the partnership and who teach 
in the high-need local educational agency in the partner-
ship, and, to the extent practicable, all new teachers who 
teach in such high-need local educational agency, in the 
further development of the new teachers’ teaching skills, 
including the use of mentors who are trained and com-
pensated by such program for the mentors’ work with new 
teachers; and 
‘‘(D) a description of how faculty involved in the induc-
tion program will be able to substantially participate in
H. R. 4137—59 
an early childhood education program or an elementary 
school or secondary school classroom setting, as applicable, 
including release time and receiving workload credit for 
such participation. 
‘‘(c) USE
OF
GRANT
FUNDS.—An eligible partnership that 
receives a grant under this section— 
‘‘(1) shall use grant funds to carry out a program for the 
pre-baccalaureate preparation of teachers under subsection (d), 
a teaching residency program under subsection (e), or a com-
bination of such programs; and 
‘‘(2) may use grant funds to carry out a leadership develop-
ment program under subsection (f). 
‘‘(d) PARTNERSHIP GRANTS FOR PRE-BACCALAUREATE PREPARA-
TION OF TEACHERS.—An eligible partnership that receives a grant 
to carry out an effective program for the pre-baccalaureate prepara-
tion of teachers shall carry out a program that includes all of 
the following: 
‘‘(1) REFORMS.— 
‘‘(A) IN GENERAL.—Implementing reforms, described in 
subparagraph (B), within each teacher preparation program 
and, as applicable, each preparation program for early 
childhood education programs, of the eligible partnership 
that is assisted under this section, to hold each program 
accountable for— 
‘‘(i) preparing— 
‘‘(I) new or prospective teachers to be highly 
qualified (including teachers in rural school dis-
tricts who may teach multiple subjects, special 
educators, and teachers of students who are lim-
ited English proficient who may teach multiple 
subjects); 
‘‘(II) such teachers and, as applicable, early 
childhood educators, to understand empirically- 
based practice and scientifically valid research 
related to teaching and learning and the applica-
bility of such practice and research, including 
through the effective use of technology, instruc-
tional techniques, and strategies consistent with 
the principles of universal design for learning, and 
through positive behavioral interventions and sup-
port strategies to improve student achievement; 
and 
‘‘(III) as applicable, early childhood educators 
to be highly competent; and 
‘‘(ii) promoting strong teaching skills and, as 
applicable, techniques for early childhood educators 
to improve children’s cognitive, social, emotional, and 
physical development. 
‘‘(B) REQUIRED
REFORMS.—The reforms described in 
subparagraph (A) shall include— 
‘‘(i) implementing teacher preparation program 
curriculum changes that improve, evaluate, and assess 
how well all prospective and new teachers develop 
teaching skills; 
‘‘(ii) using empirically-based practice and scientif-
ically valid research, where applicable, about teaching
H. R. 4137—60 
and learning so that all prospective teachers and, as 
applicable, early childhood educators— 
‘‘(I) understand and can implement research- 
based teaching practices in classroom instruction; 
‘‘(II) have knowledge of student learning 
methods; 
‘‘(III) possess skills to analyze student aca-
demic achievement data and other measures of 
student learning, and use such data and measures 
to improve classroom instruction; 
‘‘(IV) possess teaching skills and an under-
standing of effective instructional strategies across 
all applicable content areas that enable general 
education and special education teachers and early 
childhood educators to— 
‘‘(aa) meet the specific learning needs of 
all students, including students with disabil-
ities, students who are limited English pro-
ficient, students who are gifted and talented, 
students with low literacy levels and, as 
applicable, children in early childhood edu-
cation programs; and 
‘‘(bb) differentiate instruction for such stu-
dents; 
‘‘(V) can effectively participate as a member 
of the individualized education program team, as 
defined in section 614(d)(1)(B) of the Individuals 
with Disabilities Education Act; and 
‘‘(VI) can successfully employ effective strate-
gies for reading instruction using the essential 
components of reading instruction; 
‘‘(iii) ensuring collaboration with departments, pro-
grams, or units of a partner institution outside of the 
teacher preparation program in all academic content 
areas to ensure that prospective teachers receive 
training in both teaching and relevant content areas 
in order to become highly qualified, which may include 
training in multiple subjects to teach multiple grade 
levels as may be needed for individuals preparing to 
teach in rural communities and for individuals pre-
paring to teach students with disabilities as described 
in section 602(10)(D) of the Individuals with Disabil-
ities Education Act; 
‘‘(iv) developing and implementing an induction 
program; 
‘‘(v) developing admissions goals and priorities 
aligned with the hiring objectives of the high-need 
local educational agency in the eligible partnership; 
and 
‘‘(vi) 
implementing 
program 
and 
curriculum 
changes, as applicable, to ensure that prospective 
teachers 
have 
the 
requisite 
content 
knowledge, 
preparation, and degree to teach Advanced Placement 
or International Baccalaureate courses successfully. 
‘‘(2) CLINICAL EXPERIENCE AND INTERACTION.—Developing 
and improving a sustained and high-quality preservice clinical 
education program to further develop the teaching skills of
H. R. 4137—61 
all prospective teachers and, as applicable, early childhood edu-
cators, involved in the program. Such program shall do the 
following: 
‘‘(A) Incorporate year-long opportunities for enrich-
ment, including— 
‘‘(i) clinical learning in classrooms in high-need 
schools served by the high-need local educational 
agency in the eligible partnership, and identified by 
the eligible partnership; and 
‘‘(ii) 
closely 
supervised 
interaction 
between 
prospective teachers and faculty, experienced teachers, 
principals, other administrators, and school leaders at 
early childhood education programs (as applicable), 
elementary schools, or secondary schools, and providing 
support for such interaction. 
‘‘(B) Integrate pedagogy and classroom practice and 
promote effective teaching skills in academic content areas. 
‘‘(C) Provide high-quality teacher mentoring. 
‘‘(D) Be offered over the course of a program of teacher 
preparation. 
‘‘(E) Be tightly aligned with course work (and may 
be developed as a fifth year of a teacher preparation pro-
gram). 
‘‘(F) Where feasible, allow prospective teachers to learn 
to teach in the same local educational agency in which 
the teachers will work, learning the instructional initiatives 
and curriculum of that local educational agency. 
‘‘(G) As applicable, provide training and experience 
to enhance the teaching skills of prospective teachers to 
better prepare such teachers to meet the unique needs 
of teaching in rural or urban communities. 
‘‘(H) Provide support and training for individuals 
participating in an activity for prospective or new teachers 
described in this paragraph or paragraph (1) or (3), and 
for individuals who serve as mentors for such teachers, 
based on each individual’s experience. Such support may 
include— 
‘‘(i) with respect to a prospective teacher or a 
mentor, release time for such individual’s participation; 
‘‘(ii) with respect to a faculty member, receiving 
course workload credit and compensation for time 
teaching in the eligible partnership’s activities; and 
‘‘(iii) with respect to a mentor, a stipend, which 
may include bonus, differential, incentive, or perform-
ance pay, based on the mentor’s extra skills and 
responsibilities. 
‘‘(3) INDUCTION PROGRAMS FOR NEW TEACHERS.—Creating 
an induction program for new teachers or, in the case of an 
early childhood education program, providing mentoring or 
coaching for new early childhood educators. 
‘‘(4) SUPPORT AND TRAINING FOR PARTICIPANTS IN EARLY 
CHILDHOOD EDUCATION PROGRAMS.—In the case of an eligible 
partnership focusing on early childhood educator preparation, 
implementing initiatives that increase compensation for early 
childhood educators who attain associate or baccalaureate 
degrees in early childhood education.
H. R. 4137—62 
‘‘(5) 
TEACHER
RECRUITMENT.—Developing 
and 
imple-
menting effective mechanisms (which may include alternative 
routes to State certification of teachers) to ensure that the 
eligible partnership is able to recruit qualified individuals to 
become highly qualified teachers through the activities of the 
eligible partnership, which may include an emphasis on 
recruiting into the teaching profession— 
‘‘(A) individuals from under represented populations; 
‘‘(B) individuals to teach in rural communities and 
teacher shortage areas, including mathematics, science, 
special education, and the instruction of limited English 
proficient students; and 
‘‘(C) mid-career professionals from other occupations, 
former military personnel, and recent college graduates 
with a record of academic distinction. 
‘‘(6) 
LITERACY
TRAINING.—Strengthening 
the 
literacy 
teaching skills of prospective and, as applicable, new 
elementary school and secondary school teachers— 
‘‘(A) to implement literacy programs that incorporate 
the essential components of reading instruction; 
‘‘(B) to use screening, diagnostic, formative, and 
summative assessments to determine students’ literacy 
levels, difficulties, and growth in order to improve class-
room instruction and improve student reading and writing 
skills; 
‘‘(C) to provide individualized, intensive, and targeted 
literacy instruction for students with deficiencies in literacy 
skills; and 
‘‘(D) to integrate literacy skills in the classroom across 
subject areas. 
‘‘(e) PARTNERSHIP
GRANTS
FOR
THE
ESTABLISHMENT
OF 
TEACHING RESIDENCY PROGRAMS.— 
‘‘(1) IN GENERAL.—An eligible partnership receiving a grant 
to carry out an effective teaching residency program shall carry 
out a program that includes all of the following activities: 
‘‘(A) 
Supporting 
a 
teaching 
residency 
program 
described in paragraph (2) for high-need subjects and areas, 
as determined by the needs of the high-need local edu-
cational agency in the partnership. 
‘‘(B) Placing graduates of the teaching residency pro-
gram in cohorts that facilitate professional collaboration, 
both among graduates of the teaching residency program 
and between such graduates and mentor teachers in the 
receiving school. 
‘‘(C) Ensuring that teaching residents who participate 
in the teaching residency program receive— 
‘‘(i) effective preservice preparation as described 
in paragraph (2); 
‘‘(ii) teacher mentoring; 
‘‘(iii) support required through the induction pro-
gram as the teaching residents enter the classroom 
as new teachers; and 
‘‘(iv) the preparation described in subparagraphs 
(A), (B), and (C) of subsection (d)(2). 
‘‘(2) TEACHING RESIDENCY PROGRAMS.— 
‘‘(A) ESTABLISHMENT
AND
DESIGN.—A teaching resi-
dency program under this paragraph shall be a program
H. R. 4137—63 
based upon models of successful teaching residencies that 
serves as a mechanism to prepare teachers for success 
in the high-need schools in the eligible partnership, and 
shall be designed to include the following characteristics 
of successful programs: 
‘‘(i) The integration of pedagogy, classroom prac-
tice, and teacher mentoring. 
‘‘(ii) Engagement of teaching residents in rigorous 
graduate-level course work to earn a master’s degree 
while undertaking a guided teaching apprenticeship. 
‘‘(iii) Experience and learning opportunities along-
side a trained and experienced mentor teacher— 
‘‘(I) whose teaching shall complement the resi-
dency program so that classroom clinical practice 
is tightly aligned with coursework; 
‘‘(II) who shall have extra responsibilities as 
a teacher leader of the teaching residency program, 
as a mentor for residents, and as a teacher coach 
during the induction program for new teachers, 
and for establishing, within the program, a 
learning community in which all individuals are 
expected to continually improve their capacity to 
advance student learning; and 
‘‘(III) who may be relieved from teaching 
duties as a result of such additional responsibil-
ities. 
‘‘(iv) The establishment of clear criteria for the 
selection of mentor teachers based on measures of 
teacher effectiveness and the appropriate subject area 
knowledge. Evaluation of teacher effectiveness shall 
be based on, but not limited to, observations of the 
following: 
‘‘(I) Planning and preparation, including dem-
onstrated knowledge of content, pedagogy, and 
assessment, including the use of formative and 
diagnostic 
assessments 
to 
improve 
student 
learning. 
‘‘(II) Appropriate instruction that engages stu-
dents with different learning styles. 
‘‘(III) Collaboration with colleagues to improve 
instruction. 
‘‘(IV) Analysis of gains in student learning, 
based on multiple measures that are valid and 
reliable and that, when feasible, may include valid, 
reliable, and objective measures of the influence 
of teachers on the rate of student academic 
progress. 
‘‘(V) In the case of mentor candidates who 
will be mentoring new or prospective literacy and 
mathematics coaches or instructors, appropriate 
skills in the essential components of reading 
instruction, teacher training in literacy instruc-
tional strategies across core subject areas, and 
teacher training in mathematics instructional 
strategies, as appropriate.
H. R. 4137—64 
‘‘(v) Grouping of teaching residents in cohorts to 
facilitate professional collaboration among such resi-
dents. 
‘‘(vi) The development of admissions goals and 
priorities— 
‘‘(I) that are aligned with the hiring objectives 
of the local educational agency partnering with 
the program, as well as the instructional initiatives 
and curriculum of such agency, in exchange for 
a commitment by such agency to hire qualified 
graduates from the teaching residency program; 
and 
‘‘(II) which may include consideration of 
applicants who reflect the communities in which 
they will teach as well as consideration of individ-
uals from underrepresented populations in the 
teaching profession. 
‘‘(vii) Support for residents, once the teaching resi-
dents are hired as teachers of record, through an induc-
tion program, professional development, and net-
working opportunities to support the residents through 
not less than the residents’ first two years of teaching. 
‘‘(B) SELECTION
OF
INDIVIDUALS
AS
TEACHER
RESI-
DENTS.— 
‘‘(i) ELIGIBLE INDIVIDUAL.—In order to be eligible 
to be a teacher resident in a teaching residency pro-
gram under this paragraph, an individual shall— 
‘‘(I) be a recent graduate of a four-year institu-
tion of higher education or a mid-career profes-
sional from outside the field of education pos-
sessing strong content knowledge or a record of 
professional accomplishment; and 
‘‘(II) submit an application to the teaching resi-
dency program. 
‘‘(ii) SELECTION CRITERIA.—An eligible partnership 
carrying out a teaching residency program under this 
subsection shall establish criteria for the selection of 
eligible individuals to participate in the teaching resi-
dency program based on the following characteristics: 
‘‘(I) Strong content knowledge or record of 
accomplishment in the field or subject area to be 
taught. 
‘‘(II) Strong verbal and written communication 
skills, which may be demonstrated by performance 
on appropriate tests. 
‘‘(III) Other attributes linked to effective 
teaching, which may be determined by interviews 
or performance assessments, as specified by the 
eligible partnership. 
‘‘(C) STIPENDS
OR
SALARIES; APPLICATIONS; AGREE-
MENTS; REPAYMENTS.— 
‘‘(i) STIPENDS OR SALARIES.—A teaching residency 
program under this subsection shall provide a one- 
year living stipend or salary to teaching residents 
during the one-year teaching residency program. 
‘‘(ii) APPLICATIONS FOR STIPENDS OR SALARIES.— 
Each teacher residency candidate desiring a stipend
H. R. 4137—65 
or salary during the period of residency shall submit 
an application to the eligible partnership at such time, 
and containing such information and assurances, as 
the eligible partnership may require. 
‘‘(iii) AGREEMENTS
TO
SERVE.—Each application 
submitted under clause (ii) shall contain or be accom-
panied by an agreement that the applicant will— 
‘‘(I) serve as a full-time teacher for a total 
of not less than three academic years immediately 
after successfully completing the one-year teaching 
residency program; 
‘‘(II) fulfill the requirement under subclause 
(I) by teaching in a high-need school served by 
the high-need local educational agency in the 
eligible partnership and teach a subject or area 
that is designated as high need by the partnership; 
‘‘(III) provide to the eligible partnership a cer-
tificate, from the chief administrative officer of 
the local educational agency in which the resident 
is employed, of the employment required in sub-
clauses (I) and (II) at the beginning of, and upon 
completion of, each year or partial year of service; 
‘‘(IV) meet the requirements to be a highly 
qualified teacher, as defined in section 9101 of 
the Elementary and Secondary Education Act of 
1965, or section 602 of the Individuals with 
Disabilities Education Act, when the applicant 
begins to fulfill the service obligation under this 
clause; and 
‘‘(V) comply with the requirements set by the 
eligible partnership under clause (iv) if the 
applicant is unable or unwilling to complete the 
service obligation required by this clause. 
‘‘(iv) REPAYMENTS.— 
‘‘(I) IN GENERAL.—A grantee carrying out a 
teaching residency program under this paragraph 
shall require a recipient of a stipend or salary 
under clause (i) who does not complete, or who 
notifies the partnership that the recipient intends 
not to complete, the service obligation required 
by clause (iii) to repay such stipend or salary to 
the eligible partnership, together with interest, at 
a rate specified by the partnership in the agree-
ment, and in accordance with such other terms 
and conditions specified by the eligible partner-
ship, as necessary. 
‘‘(II) OTHER
TERMS
AND
CONDITIONS.—Any 
other terms and conditions specified by the eligible 
partnership may include reasonable provisions for 
pro-rata repayment of the stipend or salary 
described in clause (i) or for deferral of a teaching 
resident’s service obligation required by clause (iii), 
on grounds of health, incapacitation, inability to 
secure employment in a school served by the 
eligible partnership, being called to active duty 
in the Armed Forces of the United States, or other 
extraordinary circumstances.
H. R. 4137—66 
‘‘(III) USE OF REPAYMENTS.—An eligible part-
nership shall use any repayment received under 
this clause to carry out additional activities that 
are consistent with the purposes of this subsection. 
‘‘(f) PARTNERSHIP GRANTS FOR THE DEVELOPMENT OF LEADER-
SHIP PROGRAMS.— 
‘‘(1) IN
GENERAL.—An eligible partnership that receives 
a grant under this section may carry out an effective school 
leadership program, which may be carried out in partnership 
with a local educational agency located in a rural area and 
that shall include all of the following activities: 
‘‘(A) Preparing individuals enrolled or preparing to 
enroll in school leadership programs for careers as super-
intendents, principals, early childhood education program 
directors, or other school leaders (including individuals pre-
paring to work in local educational agencies located in 
rural areas who may perform multiple duties in addition 
to the role of a school leader). 
‘‘(B) Promoting strong leadership skills and, as 
applicable, techniques for school leaders to effectively— 
‘‘(i) create and maintain a data-driven, professional 
learning community within the leader’s school; 
‘‘(ii) provide a climate conducive to the professional 
development of teachers, with a focus on improving 
student academic achievement and the development 
of effective instructional leadership skills; 
‘‘(iii) understand the teaching and assessment 
skills needed to support successful classroom instruc-
tion and to use data to evaluate teacher instruction 
and drive teacher and student learning; 
‘‘(iv) manage resources and school time to improve 
student academic achievement and ensure the school 
environment is safe; 
‘‘(v) engage and involve parents, community mem-
bers, the local educational agency, businesses, and 
other community leaders, to leverage additional 
resources to improve student academic achievement; 
and 
‘‘(vi) understand how students learn and develop 
in order to increase academic achievement for all stu-
dents. 
‘‘(C) Ensuring that individuals who participate in the 
school leadership program receive— 
‘‘(i) effective preservice preparation as described 
in subparagraph (D); 
‘‘(ii) mentoring; and 
‘‘(iii) if applicable, full State certification or licen-
sure to become a school leader. 
‘‘(D) Developing and improving a sustained and high- 
quality preservice clinical education program to further 
develop the leadership skills of all prospective school 
leaders involved in the program. Such clinical education 
program shall do the following: 
‘‘(i) Incorporate year-long opportunities for enrich-
ment, including— 
‘‘(I) clinical learning in high-need schools 
served by the high-need local educational agency
H. R. 4137—67 
or a local educational agency located in a rural 
area in the eligible partnership and identified by 
the eligible partnership; and 
‘‘(II) closely supervised interaction between 
prospective school leaders and faculty, new and 
experienced teachers, and new and experienced 
school leaders, in such high-need schools. 
‘‘(ii) Integrate pedagogy and practice and promote 
effective leadership skills, meeting the unique needs 
of urban, rural, or geographically isolated communities, 
as applicable. 
‘‘(iii) Provide for mentoring of new school leaders. 
‘‘(E) Creating an induction program for new school 
leaders. 
‘‘(F) Developing and implementing effective mecha-
nisms to ensure that the eligible partnership is able to 
recruit qualified individuals to become school leaders 
through the activities of the eligible partnership, which 
may include an emphasis on recruiting into school leader-
ship professions— 
‘‘(i) individuals from underrepresented populations; 
‘‘(ii) individuals to serve as superintendents, prin-
cipals, or other school administrators in rural and geo-
graphically isolated communities and school leader 
shortage areas; and 
‘‘(iii) mid-career professionals from other occupa-
tions, former military personnel, and recent college 
graduates with a record of academic distinction. 
‘‘(2) SELECTION OF INDIVIDUALS FOR THE LEADERSHIP PRO-
GRAM.—In order to be eligible for the school leadership program 
under this subsection, an individual shall be enrolled in or 
preparing to enroll in an institution of higher education, and 
shall— 
‘‘(A) be a— 
‘‘(i) recent graduate of an institution of higher 
education; 
‘‘(ii) mid-career professional from outside the field 
of education with strong content knowledge or a record 
of professional accomplishment; 
‘‘(iii) current teacher who is interested in becoming 
a school leader; or 
‘‘(iv) school leader who is interested in becoming 
a superintendent; and 
‘‘(B) submit an application to the leadership program. 
‘‘(g) PARTNERSHIP WITH DIGITAL EDUCATION CONTENT DEVEL-
OPER.—An eligible partnership that receives a grant under this 
section may use grant funds provided to carry out the activities 
described in subsection (d) or (e), or both, to partner with a tele-
vision public broadcast station, as defined in section 397(6) of the 
Communications Act of 1934 (47 U.S.C. 397(6)), or another entity 
that develops digital educational content, for the purpose of 
improving the quality of pre-baccalaureate teacher preparation pro-
grams or to enhance the quality of preservice training for prospec-
tive teachers. 
‘‘(h) EVALUATION AND REPORTING.—The Secretary shall— 
‘‘(1) evaluate the programs assisted under this section; 
and
H. R. 4137—68 
‘‘(2) make publicly available a report detailing the Sec-
retary’s evaluation of each such program. 
‘‘(i) CONSULTATION.— 
‘‘(1) IN GENERAL.—Members of an eligible partnership that 
receives a grant under this section shall engage in regular 
consultation throughout the development and implementation 
of programs and activities carried out under this section. 
‘‘(2) REGULAR
COMMUNICATION.—To ensure timely and 
meaningful consultation as described in paragraph (1), regular 
communication shall occur among all members of the eligible 
partnership, including the high-need local educational agency. 
Such 
communication 
shall 
continue 
throughout 
the 
implementation of the grant and the assessment of programs 
and activities under this section. 
‘‘(3) WRITTEN
CONSENT.—The Secretary may approve 
changes in grant activities of a grant under this section only 
if the eligible partnership submits to the Secretary a written 
consent of such changes signed by all members of the eligible 
partnership. 
‘‘(j) CONSTRUCTION.—Nothing in this section shall be construed 
to prohibit an eligible partnership from using grant funds to coordi-
nate with the activities of eligible partnerships in other States 
or on a regional basis through Governors, State boards of education, 
State educational agencies, State agencies responsible for early 
childhood education, local educational agencies, or State agencies 
for higher education. 
‘‘(k) SUPPLEMENT, NOT
SUPPLANT.—Funds made available 
under this section shall be used to supplement, and not supplant, 
other Federal, State, and local funds that would otherwise be 
expended to carry out activities under this section. 
‘‘SEC. 203. ADMINISTRATIVE PROVISIONS. 
‘‘(a) DURATION; NUMBER OF AWARDS; PAYMENTS.— 
‘‘(1) DURATION.—A grant awarded under this part shall 
be awarded for a period of five years. 
‘‘(2) NUMBER OF AWARDS.—An eligible partnership may not 
receive more than one grant during a five-year period. Nothing 
in this title shall be construed to prohibit an individual member, 
that can demonstrate need, of an eligible partnership that 
receives a grant under this title from entering into another 
eligible partnership consisting of new members and receiving 
a grant with such other eligible partnership before the five- 
year period described in the preceding sentence applicable to 
the eligible partnership with which the individual member 
has first partnered has expired. 
‘‘(b) PEER REVIEW.— 
‘‘(1) PANEL.—The Secretary shall provide the applications 
submitted under this part to a peer review panel for evaluation. 
With respect to each application, the peer review panel shall 
initially recommend the application for funding or for dis-
approval. 
‘‘(2) PRIORITY.—The Secretary, in funding applications 
under this part, shall give priority— 
‘‘(A) to eligible partnerships that include an institution 
of higher education whose teacher preparation program 
has a rigorous selection process to ensure the highest 
quality of students entering such program; and
H. R. 4137—69 
‘‘(B)(i) to applications from broad-based eligible part-
nerships that involve businesses and community organiza-
tions; or 
‘‘(ii) to eligible partnerships so that the awards promote 
an equitable geographic distribution of grants among rural 
and urban areas. 
‘‘(3) SECRETARIAL SELECTION.—The Secretary shall deter-
mine, based on the peer review process, which applications 
shall receive funding and the amounts of the grants. In deter-
mining grant amounts, the Secretary shall take into account 
the total amount of funds available for all grants under this 
part and the types of activities proposed to be carried out 
by the eligible partnership. 
‘‘(c) MATCHING REQUIREMENTS.— 
‘‘(1) IN
GENERAL.—Each eligible partnership receiving a 
grant under this part shall provide, from non-Federal sources, 
an amount equal to 100 percent of the amount of the grant, 
which may be provided in cash or in-kind, to carry out the 
activities supported by the grant. 
‘‘(2) WAIVER.—The Secretary may waive all or part of the 
matching requirement described in paragraph (1) for any fiscal 
year for an eligible partnership if the Secretary determines 
that applying the matching requirement to the eligible partner-
ship would result in serious hardship or an inability to carry 
out the authorized activities described in this part. 
‘‘(d) LIMITATION
ON ADMINISTRATIVE EXPENSES.—An eligible 
partnership that receives a grant under this part may use not 
more than two percent of the funds provided to administer the 
grant. 
‘‘SEC. 204. ACCOUNTABILITY AND EVALUATION. 
‘‘(a) ELIGIBLE PARTNERSHIP EVALUATION.—Each eligible part-
nership submitting an application for a grant under this part shall 
establish, and include in such application, an evaluation plan that 
includes strong and measurable performance objectives. The plan 
shall include objectives and measures for increasing— 
‘‘(1) achievement for all prospective and new teachers, as 
measured by the eligible partnership; 
‘‘(2) teacher retention in the first three years of a teacher’s 
career; 
‘‘(3) improvement in the pass rates and scaled scores for 
initial State certification or licensure of teachers; and 
‘‘(4)(A) the percentage of highly qualified teachers hired 
by the high-need local educational agency participating in the 
eligible partnership; 
‘‘(B) the percentage of highly qualified teachers hired by 
the high-need local educational agency who are members of 
underrepresented groups; 
‘‘(C) the percentage of highly qualified teachers hired by 
the high-need local educational agency who teach high-need 
academic subject areas (such as reading, mathematics, science, 
and foreign language, including less commonly taught lan-
guages and critical foreign languages); 
‘‘(D) the percentage of highly qualified teachers hired by 
the high-need local educational agency who teach in high-need
H. R. 4137—70 
areas (including special education, language instruction edu-
cational programs for limited English proficient students, and 
early childhood education); 
‘‘(E) the percentage of highly qualified teachers hired by 
the high-need local educational agency who teach in high-need 
schools, disaggregated by the elementary school and secondary 
school levels; 
‘‘(F) as applicable, the percentage of early childhood edu-
cation program classes in the geographic area served by the 
eligible partnership taught by early childhood educators who 
are highly competent; and 
‘‘(G) as applicable, the percentage of teachers trained— 
‘‘(i) to integrate technology effectively into curricula 
and instruction, including technology consistent with the 
principles of universal design for learning; and 
‘‘(ii) to use technology effectively to collect, manage, 
and analyze data to improve teaching and learning for 
the purpose of improving student academic achievement. 
‘‘(b) INFORMATION.—An eligible partnership receiving a grant 
under this part shall ensure that teachers, principals, school super-
intendents, faculty, and leadership at institutions of higher edu-
cation located in the geographic areas served by the eligible partner-
ship are provided information, including through electronic means, 
about the activities carried out with funds under this part. 
‘‘(c) REVISED APPLICATION.—If the Secretary determines that 
an eligible partnership receiving a grant under this part is not 
making substantial progress in meeting the purposes, goals, objec-
tives, and measures of the grant, as appropriate, by the end of 
the third year of a grant under this part, then the Secretary— 
‘‘(1) shall cancel the grant; and 
‘‘(2) may use any funds returned or available because of 
such cancellation under paragraph (1) to— 
‘‘(A) increase other grant awards under this part; or 
‘‘(B) award new grants to other eligible partnerships 
under this part. 
‘‘(d) EVALUATION
AND DISSEMINATION.—The Secretary shall 
evaluate the activities funded under this part and report the 
findings regarding the evaluation of such activities to the author-
izing committees. The Secretary shall broadly disseminate— 
‘‘(1) successful practices developed by eligible partnerships 
under this part; and 
‘‘(2) information regarding such practices that were found 
to be ineffective. 
‘‘SEC. 
205. 
ACCOUNTABILITY 
FOR 
PROGRAMS 
THAT 
PREPARE 
TEACHERS. 
‘‘(a) INSTITUTIONAL
AND PROGRAM REPORT CARDS
ON
THE 
QUALITY OF TEACHER PREPARATION.— 
‘‘(1) REPORT CARD.—Each institution of higher education 
that conducts a traditional teacher preparation program or 
alternative routes to State certification or licensure program 
and that enrolls students receiving Federal assistance under 
this Act shall report annually to the State and the general 
public, in a uniform and comprehensible manner that conforms 
with the definitions and methods established by the Secretary, 
the following: 
‘‘(A) GOALS AND ASSURANCES.—
H. R. 4137—71 
‘‘(i) For the most recent year for which the informa-
tion is available for the institution— 
‘‘(I) whether the goals set under section 206 
have been met; and 
‘‘(II) a description of the activities the institu-
tion implemented to achieve such goals. 
‘‘(ii) A description of the steps the institution is 
taking to improve its performance in meeting the 
annual goals set under section 206. 
‘‘(iii) A description of the activities the institution 
has implemented to meet the assurances provided 
under section 206. 
‘‘(B) PASS RATES AND SCALED SCORES.—For the most 
recent year for which the information is available for those 
students who took the assessments used for teacher certifi-
cation or licensure by the State in which the program 
is located and are enrolled in the traditional teacher 
preparation program or alternative routes to State certifi-
cation or licensure program, and for those who have taken 
such assessments and have completed the traditional 
teacher preparation program or alternative routes to State 
certification or licensure program during the two-year 
period preceding such year, for each of such assessments— 
‘‘(i) the percentage of students who have completed 
100 percent of the nonclinical coursework and taken 
the assessment who pass such assessment; 
‘‘(ii) the percentage of all students who passed 
such assessment; 
‘‘(iii) the percentage of students who have taken 
such assessment who enrolled in and completed the 
traditional teacher preparation program or alternative 
routes to State certification or licensure program, as 
applicable; 
‘‘(iv) the average scaled score for all students who 
took such assessment; 
‘‘(v) a comparison of the program’s pass rates with 
the average pass rates for programs in the State; and 
‘‘(vi) a comparison of the program’s average scaled 
scores with the average scaled scores for programs 
in the State. 
‘‘(C) PROGRAM INFORMATION.—A description of— 
‘‘(i) the criteria for admission into the program; 
‘‘(ii) the number of students in the program 
(disaggregated by race, ethnicity, and gender); 
‘‘(iii) the average number of hours of supervised 
clinical experience required for those in the program; 
‘‘(iv) the number of full-time equivalent faculty 
and students in the supervised clinical experience; and 
‘‘(v) the total number of students who have been 
certified or licensed as teachers, disaggregated by sub-
ject and area of certification or licensure. 
‘‘(D) STATEMENT.—In States that require approval or 
accreditation of teacher preparation programs, a statement 
of whether the institution’s program is so approved or 
accredited, and by whom.
H. R. 4137—72 
‘‘(E) DESIGNATION AS LOW-PERFORMING.—Whether the 
program has been designated as low-performing by the 
State under section 207(a). 
‘‘(F) USE OF TECHNOLOGY.—A description of the activi-
ties, including activities consistent with the principles of 
universal design for learning, that prepare teachers to 
integrate technology effectively into curricula and instruc-
tion, and to use technology effectively to collect, manage, 
and analyze data in order to improve teaching and learning 
for the purpose of increasing student academic achieve-
ment. 
‘‘(G) TEACHER TRAINING.—A description of the activities 
that prepare general education and special education 
teachers to teach students with disabilities effectively, 
including training related to participation as a member 
of individualized education program teams, as defined in 
section 614(d)(1)(B) of the Individuals with Disabilities 
Education Act, and to effectively teach students who are 
limited English proficient. 
‘‘(2) REPORT.—Each eligible partnership receiving a grant 
under section 202 shall report annually on the progress of 
the eligible partnership toward meeting the purposes of this 
part and the objectives and measures described in section 
204(a). 
‘‘(3) FINES.—The Secretary may impose a fine not to exceed 
$27,500 on an institution of higher education for failure to 
provide the information described in this subsection in a timely 
or accurate manner. 
‘‘(4) SPECIAL RULE.—In the case of an institution of higher 
education that conducts a traditional teacher preparation pro-
gram or alternative routes to State certification or licensure 
program and has fewer than 10 scores reported on any single 
initial teacher certification or licensure assessment during an 
academic year, the institution shall collect and publish informa-
tion, as required under paragraph (1)(B), with respect to an 
average pass rate and scaled score on each State certification 
or licensure assessment taken over a three-year period. 
‘‘(b) STATE
REPORT
CARD
ON
THE
QUALITY
OF
TEACHER 
PREPARATION.— 
‘‘(1) IN GENERAL.—Each State that receives funds under 
this Act shall provide to the Secretary, and make widely avail-
able to the general public, in a uniform and comprehensible 
manner that conforms with the definitions and methods estab-
lished by the Secretary, an annual State report card on the 
quality of teacher preparation in the State, both for traditional 
teacher preparation programs and for alternative routes to 
State certification or licensure programs, which shall include 
not less than the following: 
‘‘(A) A description of the reliability and validity of 
the teacher certification and licensure assessments, and 
any other certification and licensure requirements, used 
by the State. 
‘‘(B) The standards and criteria that prospective 
teachers must meet to attain initial teacher certification 
or licensure and to be certified or licensed to teach par-
ticular academic subjects, areas, or grades within the State.