548 
‘‘(ii) the number of unduplicated stu-
dents placed in cooperative education jobs; 
‘‘(iii) the number of employers who 
have hired cooperative education students; 
‘‘(iv) the income for students derived 
from working in cooperative education 
jobs; and 
‘‘(v) the increase or decrease in the 
number of unduplicated students placed in 
cooperative education jobs in each fiscal 
year compared to the previous fiscal year; 
and 
‘‘(B) keep such records as are essential to 
ensure that the applicant is complying with the 
provisions of this part, including the notation of 
cooperative education employment on the stu-
dent’s transcript; 
‘‘(7) describe the extent to which programs in 
the academic discipline for which the application is 
made have had a favorable reception by public and 
private sector employers; 
‘‘(8) describe the extent to which the institution 
is committed to extending cooperative education on 
an institution-wide basis for all students who can 
benefit; 
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549 
‘‘(9) describe the plans that the applicant will 
carry out to evaluate the applicant’s cooperative edu-
cation program at the end of the grant period; 
‘‘(10) provide for such fiscal control and fund 
accounting procedures as may be necessary to assure 
proper disbursement of, and accounting for, Federal 
funds paid to the applicant under this part; 
‘‘(11) demonstrate a commitment to serving all 
underserved populations; and 
‘‘(12) include such other information as is es-
sential to carry out the provisions of this part. 
‘‘(c) DURATION OF GRANTS; FEDERAL SHARE.— 
‘‘(1) DURATION OF GRANTS.—No individual in-
stitution of higher education may receive, individ-
ually or as a participant in a combination of such in-
stitutions— 
‘‘(A) a grant pursuant to subsection 
(a)(1)(A) for more than 5 fiscal years; or 
‘‘(B) a grant pursuant to subsection 
(a)(1)(B) for more than 5 fiscal years. 
‘‘(2) FEDERAL SHARE.—The Federal share of a 
grant under subsection (a)(1)(A) may not exceed— 
‘‘(A) 85 percent of the cost of carrying out 
the program or activities described in the appli-
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550 
cation in the first year the applicant receives a 
grant under this section; 
‘‘(B) 70 percent of such cost in the second 
such year; 
‘‘(C) 55 percent of such cost in the third 
such year; 
‘‘(D) 40 percent of such cost in the fourth 
such year; and 
‘‘(E) 25 percent of such cost in the fifth 
such year. 
‘‘(3) SPECIAL RULE.—Any provision of law to 
the contrary notwithstanding, the Secretary shall not 
waive the provisions of this subsection. 
‘‘(d) MAINTENANCE OF EFFORT.—If the Secretary 
determines that a recipient of funds under this section has 
failed to maintain the fiscal effort described in subsection 
(b)(3), then the Secretary may elect not to make grant 
payments under this section to such recipient. 
‘‘(e) FACTORS FOR SPECIAL CONSIDERATION OF AP-
PLICATIONS.— 
‘‘(1) IN GENERAL.—In approving applications 
under this section, the Secretary shall give special 
consideration to applications from institutions of 
higher education or combinations of such institu-
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552 
a commitment to serving all underserved popu-
lations. 
‘‘SEC. 814. DEMONSTRATION AND INNOVATION PROJECTS; 
TRAINING AND RESOURCE CENTERS; AND RE-
SEARCH. 
‘‘(a) AUTHORIZATION.—The Secretary is authorized, 
in accordance with the provisions of this section, to make 
grants and enter into contracts for— 
‘‘(1) the conduct of demonstration projects de-
signed to demonstrate or determine the feasibility or 
value of innovative methods of cooperative education 
from the amounts available in each fiscal year under 
section 812(a)(3); 
‘‘(2) the conduct of training and resource cen-
ters designed to— 
‘‘(A) train personnel in the field of cooper-
ative education; 
‘‘(B) improve materials used in cooperative 
education programs if such improvement is con-
ducted in conjunction with other activities de-
scribed in this paragraph; 
‘‘(C) furnish technical assistance to institu-
tions of higher education to increase the poten-
tial of the institution to continue to conduct a 
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553 
cooperative education program without Federal 
assistance; 
‘‘(D) encourage model cooperative edu-
cation programs which furnish education and 
training in occupations in which there is a na-
tional need; 
‘‘(E) support partnerships under which an 
institution carrying out a comprehensive cooper-
ative education program joins with one or more 
institutions of higher education in order to (i) 
assist the institution other than the comprehen-
sive cooperative education institution to develop 
and expand an existing program of cooperative 
education, or (ii) establish and improve or ex-
pand comprehensive cooperative education pro-
grams; and 
‘‘(F) encourage model cooperative edu-
cation programs in the fields of science and 
mathematics for women and minorities who are 
underrepresented in such fields 
from the amounts available in each fiscal year under 
section 812(a)(4); and 
‘‘(3) the conduct of research relating to cooper-
ative education, from the amounts available in each 
fiscal year under section 812(a)(5). 
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554 
‘‘(b) ADMINISTRATIVE PROVISION.— 
‘‘(1) IN GENERAL.—To carry out this section, 
the Secretary may— 
‘‘(A) make grants to or contracts with in-
stitutions of higher education, or combinations 
of such institutions; and 
‘‘(B) make grants to or contracts with 
other public or private nonprofit agencies or or-
ganizations, whenever such grants or contracts 
will make an especially significant contribution 
to attaining the objectives of this section. 
‘‘(2) LIMITATION.— 
‘‘(A) The Secretary may not use more than 
3 percent of the amount appropriated to carry 
out this section in each fiscal year to enter into 
contracts described in paragraph (1)(A). 
‘‘(B) The Secretary may use not more 
than 3 percent of the amount appropriated to 
carry out this section in each fiscal year to 
enter into contracts described in paragraph 
(1)(B). 
‘‘(c) SUPPLEMENT NOT SUPPLANT.—A recipient of 
a grant or contract under this section may use the funds 
provided only so as to supplement and, to the extent pos-
sible, increase the level of funds that would, in the absence 
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555 
of such funds, be made available from non-Federal sources 
to carry out the activities supported by such grant or con-
tract, and in no case to supplant such funds from non- 
Federal sources. 
‘‘PART C—COLLEGE PARTNERSHIP GRANTS 
‘‘SEC. 821. COLLEGE PARTNERSHIP GRANTS AUTHORIZED. 
‘‘(a) GRANTS AUTHORIZED.—From the amount ap-
propriated to carry out this part under section 800, the 
Secretary shall award grants to eligible partnerships for 
the purposes of developing and implementing articulation 
agreements. 
‘‘(b) ELIGIBLE PARTNERSHIPS.—For purposes of 
this part, an eligible partnership shall include at least two 
institutions of higher education, or a system of institutions 
of higher education, and may also include— 
‘‘(1) a consortia of institutions of higher edu-
cation; or 
‘‘(2) a State higher education agency. 
‘‘(c) PRIORITY.—The Secretary shall give priority to 
eligible partnerships that— 
‘‘(1) are located in a State that is in compliance 
with section 486A; or 
‘‘(2) include— 
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556 
‘‘(A) 1 or more junior or community col-
leges (as defined by section 312(f) of this Act) 
that award associate’s degrees; and 
‘‘(B) 1 or more institutions of higher edu-
cation that offer a baccalaureate or post-bacca-
laureate degree not awarded by the institutions 
described in paragraph (1) with which it is 
partnered. 
‘‘(d) MANDATORY USE OF FUNDS.—Grants awarded 
under this part shall be used for— 
‘‘(1) the development of policies and programs 
to expand opportunities for students to earn bach-
elor’s degrees, by facilitating the transfer of aca-
demic credits between institutions and expanding ar-
ticulation and guaranteed transfer agreements be-
tween institutions of higher education, including 
through common course numbering and general edu-
cation core curriculum; 
‘‘(2) academic program enhancements; and 
‘‘(3) programs to identify and remove barriers 
that inhibit student transfers, including techno-
logical and informational programs. 
‘‘(e) OPTIONAL USE OF FUNDS.—Grants awarded 
under this part may be used for— 
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557 
‘‘(1) support services to students participating 
in the program, such as tutoring, mentoring, and 
academic and personal counseling; and 
‘‘(2) any service that facilitates the transition of 
students between the partner institutions. 
‘‘(f) PROHIBITION.—No funds provided under this 
seciton shall be used to financially compensate an institu-
tion for the purposes of entering into an articulation 
agreement or for accepting students transferring into such 
institution. 
‘‘(g) APPLICATIONS.—Any eligible partnership that 
desires to obtain a grant under this section shall submit 
to the Secretary an application at such time, in such man-
ner, and containing such information or assurances as the 
Secretary may require. 
‘‘(h) REGULATIONS.—The Secretary shall prescribe 
such regulations as may be necessary to carry out this 
section. 
‘‘(i) DEFINITION.—For purposes of this section, the 
term ‘articulation agreement’ means means an agreement 
between institutions of higher education that specifies the 
acceptability of courses in transfer toward meeting specific 
degree requirements. 
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558 
‘‘PART D—STUDENT SUCCESS GRANTS 
‘‘SEC. 826. STUDENT SUCCESS GRANTS. 
‘‘(a) AUTHORIZATION OF PILOT PROGRAM.—From 
the amount appropriated to carry out this part under sec-
tion 800, the Secretary is authorized to award grants on 
a competitive basis to eligible institutions for the purposes 
of helping low-income students succeed in persisting in 
and completing postsecondary education and training pro-
grams. 
‘‘(b) DEFINITIONS.— 
‘‘(1) ELIGIBLE INSTITUTION.—In this section, 
the term ‘eligible institution’ means an institution of 
higher education (as defined in section 101(a)) in 
which, during the three-year period preceding the 
year in which the institution is applying for a grant 
under this section, an average of not less than 50 
percent of the institution’s entering first-year stu-
dents are enrolled in developmental courses to bring 
reading, writing, or mathematics skills up to college- 
level. 
‘‘(2) ELIGIBLE STUDENT.—In this section, the 
term ‘eligible student’ means a student who— 
‘‘(A) is eligible to receive assistance under 
section 401; 
‘‘(B) is a first-year student at the time of 
entering the pilot; and 
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559 
‘‘(C) is selected by an eligible institution to 
participate in the pilot. 
‘‘(c) APPLICATION.—An eligible institution seeking a 
grant under this section shall submit an application to the 
Secretary at such time, in such manner, and containing 
such information as the Secretary may require. 
‘‘(d) GRANT AMOUNTS.— 
‘‘(1) INSTITUTIONAL
GRANTS.—For a given 
year, each institution selected to participate in this 
pilot program shall receive an amount equal to the 
amount of a Student Success Grant multiplied by 
the number of students the institution selects to par-
ticipate in the pilot program in such year. An insti-
tution shall not select more than 200 students to 
participate in the pilot program under this section 
during any academic year. 
‘‘(2) GRANTS TO STUDENTS.—The amount of a 
Student Success Grant provided to an eligible insti-
tution on behalf of an eligible student under this 
section shall be $1,500 per student for each award 
year. 
‘‘(e) PRIORITY
FOR REPLICATION
OF EVIDENCE- 
BASED POLICIES AND PRACTICES.—The Secretary shall 
give priority to applications submitted by eligible institu-
tions that propose to replicate policies and practices that 
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560 
have proven effective in increasing persistence and comple-
tion by low-income students or students in need of devel-
opmental education. 
‘‘(f) PEER REVIEW.—The Secretary shall convene a 
peer review process to review applications for grants under 
this section and to make recommendations to the Sec-
retary regarding the selection of grantees. Members of the 
peer review committee shall be a mix of researchers and 
practitioners who are recognized experts on services and 
policies to increase low income student success in postsec-
ondary education and training. No member of the com-
mittee shall be in a position to benefit financially from 
the grants to eligible institutions under subsection (d)(1). 
‘‘(g) MANDATORY USES.—An eligible institution that 
receives a grant under this section shall use the grant 
funds to assign a Student Success Coach to every first- 
year student participating in the pilot to provide intensive 
career and academic advising, ongoing personal help in 
navigating college services such as financial aid and reg-
istration, and assistance in connecting to community re-
sources that can help students overcome family and per-
sonal challenges to success. Student Success Coaches— 
‘‘(1) shall work with not more than 50 new stu-
dents during any academic period; 
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561 
‘‘(2) may be employees of academic depart-
ments, student services offices, community-based or-
ganizations, or other entities as deemed appropriate 
by the institution; and 
‘‘(3) shall meet with each eligible student se-
lected for the pilot before registration for courses. 
‘‘(h) PERMISSIBLE USES.—An eligible institution 
that receives a grant under this section may use the grant 
funds to provide services and program innovations for stu-
dents participating in the pilot, including the following: 
‘‘(1) College and career success courses, with 
tuition and fees for the course covered by the Stu-
dent Success Grant. These courses should cover col-
lege success topics, such as how to take notes, how 
to study, how to take tests, and how to budget time, 
and should also include a substantial career explo-
ration component. Institutions are encouraged to use 
such courses to help students develop a College and 
Career Success Plan so that by the end of the first 
semester the students have a clear sense of their ca-
reer goals and what classes to take to achieve such 
goals. 
‘‘(2) Work-study jobs with private employers in 
the students’ fields of study. 
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562 
‘‘(3) Learning communities that ensure that 
students participating in the pilot are clustered to-
gether for at least two courses beginning in the first 
semester after enrolling and have other opportunities 
to create and maintain bonds that allow them to 
provide academic and social support to each other. 
‘‘(4) Curricular redesign, which may include 
such innovations as ‘blended’ or accelerated remedi-
ation classes that help Student Success Grant recipi-
ents to attain college-level reading, writing, math 
skills (or a combination thereof) more rapidly than 
traditional remediation formats allow, and intensive 
skills refresher classes, offered prior to each semes-
ter, to help students who have tested into remedial 
coursework to reach entry level assessment scores 
for the postsecondary programs they wish to enter. 
‘‘(5) Instructional support, such as learning 
labs, supplemental instruction, and tutoring. 
‘‘(6) Assistance with support services, such as 
child care and transportation. 
‘‘(i) GRANT PERIOD; ADDITIONAL TECHNICAL AS-
SISTANCE.— 
‘‘(1) GRANT PERIOD.—Grants made under this 
section shall be for a period of not less than 60 
months. 
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563 
‘‘(2) ADDITIONAL
TECHNICAL
ASSISTANCE.— 
After 36 months, the Secretary shall review the per-
formance of the Student Success Grant pilot stu-
dents at each institution, and if no significant im-
provements have been made by Student Success 
Grant pilot students in persistence and completion 
at an institution, then the Secretary shall provide 
additional technical assistance to help the institution 
improve outcomes. 
‘‘(j) REQUIRED NON-FEDERAL SHARE.— 
‘‘(1) IN
GENERAL.—Each institution partici-
pating in the pilot program under this section shall 
provide a non-Federal match of 25 percent of the 
grant. The non-Federal share under this section may 
be provided in cash or in kind. 
‘‘(2) EFFECT
ON
NEED
ANALYSIS.—For the 
purpose of calculating a student’s need in accord-
ance with part F of this title, services or benefits 
under this section shall not be considered an asset 
or income. 
‘‘(k) TECHNICAL ASSISTANCE.—The Secretary shall 
enter into contracts with private entities to provide such 
technical assistance to grantees under this section as the 
Secretary determines appropriate. 
‘‘(l) EVALUATION.— 
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564 
‘‘(1) OUTCOME EVALUATIONS.—The Secretary 
shall conduct an evaluation of program outcomes 
under the pilot program, and shall disseminate to 
the public the findings from the evaluation and in-
formation on best practices. The Secretary is en-
couraged to partner with other providers of funds, 
such as private foundations, to allow for use of an 
experimental or quasi-experimental evaluation in at 
least one of the pilot sites. 
‘‘(2) INSTITUTIONAL
PARTICIPATION.—As a 
condition of receiving grants under this section, par-
ticipating institutions shall work with the evaluator 
to track persistence and completion outcomes for 
students in the pilot program, specifically the pro-
portion of these students who take and complete de-
velopmental education courses, the proportion who 
take and complete college-level coursework, and the 
proportion who complete certificates and degrees. 
This data shall be broken down by race, ethnicity, 
and age and the evaluator shall assist institutions in 
analyzing this data to compare Student Success 
Grant pilot participants to comparable nonpartici-
pants, using statistical techniques to control for dif-
ferences in the groups. 
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565 
‘‘(3) ANNUAL REPORTS.—Participating institu-
tions shall report on the data specified in paragraph 
(2) annually and the Secretary shall make this data 
publicly available. 
‘‘PART E—JOBS TO CAREERS 
‘‘SEC. 831. GRANTS TO CREATE BRIDGES FROM JOBS TO CA-
REERS. 
‘‘(a) AUTHORIZATION OF PROGRAM.—From amounts 
appropriated to carry out this part under section 800, the 
Secretary shall award grants, on a competitive basis, to 
institutions of higher education for the purposes of im-
proving developmental education, including English lan-
guage instruction, to customize developmental education 
to student career goals, and to help students move rapidly 
from developmental coursework into for-credit occupa-
tional program courses and through program completion. 
The grants shall focus in particular on creating bridges 
to for-credit occupational certificate programs that are ar-
ticulated to degree programs. 
‘‘(b) APPLICATION.—An eligible institution seeking a 
grant under this section shall submit an application to the 
Secretary at such time, in such manner, and containing 
such information as the Secretary may require. 
‘‘(c) PRIORITIES.—The Secretary shall give priority 
to applications that— 
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566 
‘‘(1) are from institutions of higher education 
in which not less than 50 percent of the institution’s 
entering first-year students who are subject to man-
datory assessment, are assessed as needing develop-
mental courses to bring reading, writing, or mathe-
matics skills up to college-level; and 
‘‘(2) propose to replicate practices that have 
proven effective with adults and to applications that 
propose to collaborate with adult education pro-
viders. 
‘‘(d) PEER REVIEW.—The Secretary shall convene a 
peer review process to review applications for grants under 
this section and to make recommendations to the Sec-
retary regarding the selection of grantees. 
‘‘(e) MANDATORY ACTIVITY.—An eligible institution 
that receives a grant under this section shall use the grant 
funds to create workforce bridge programs that customize 
developmental education curricula, including English lan-
guage instruction, to the content of the for-credit occupa-
tional certificate or degree programs, or clusters of pro-
grams, in which developmental education students seek to 
enroll. Such bridge programs may include those that inte-
grate the curricula and the instruction of both develop-
mental and college-level coursework or dual enroll students 
in remediation and college-level coursework. 
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567 
‘‘(f) PERMISSIBLE ACTIVITIES.—An eligible institu-
tion that receives a grant under this section, in addition 
to creating workforce bridge programs, may use the grant 
funds to carry out the following: 
‘‘(1) Design and implement innovative ways to 
improve retention in and completion of develop-
mental education courses, including but not limited 
to enrolling students in cohorts, accelerating course 
content, integrating remediation and college-level 
curricula and instruction, dual enrolling students in 
developmental and college-level courses, tutoring, 
providing counseling and other supportive services, 
and giving small, material incentives for attendance 
and performance. 
‘‘(2) In consultation with faculty in the appro-
priate departments, redesignating class schedules to 
meet the needs of working adults, such as by cre-
ating evening, weekend, modular, compressed, dis-
tance learning formats or other alternative sched-
ules. 
‘‘(3) Improving the quality of teaching in reme-
dial courses through professional development, re-
classification of such teaching positions, or other 
means the eligible institution determines appro-
priate. 
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568 
‘‘(4) Any other activities the eligible institution 
and the Secretary determine will promote retention 
of and completion by students attending institutions 
of higher education. 
‘‘(5) Fully advise students on the range of op-
tions and programs available, which may include: di-
ploma; certification; 2-year degree; associate’s de-
gree; transfer degree to upper division; and career 
options. 
‘‘(g) GRANT PERIOD.—Grants made under this sec-
tion shall be for a period of not less than 36 months and 
not more than 60 months. 
‘‘(h) TECHNICAL ASSISTANCE.—The Secretary shall 
provide technical assistance to grantees under this section 
throughout the grant period. 
‘‘(i) EVALUATION.—The Secretary shall conduct an 
evaluation of program impacts under the demonstration 
program, and shall disseminate to the public the findings 
from the evaluation and information on best practices. 
The Secretary is encouraged to partner with other pro-
viders of funds, such as private foundations, to allow for 
use of a random assignment evaluation in at least one of 
the demonstration sites. 
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569 
‘‘(j) DEFINITION OF INSTITUTION.—In this section, 
the term ‘institution of higher education’ means an insti-
tution of higher education as defined in section 101(a). 
‘‘PART F—PROJECT GRAD 
‘‘SEC. 836. PROJECT GRAD. 
‘‘(a) PURPOSES.—The purposes of this part are— 
‘‘(1) to provide support and assistance to pro-
grams implementing integrated education reform 
services in order to improve secondary school grad-
uation and college attendance and completion rates 
for disadvantaged students; and 
‘‘(2) to promote the establishment of new pro-
grams to implement such integrated education re-
form services. 
‘‘(b) GRANT AUTHORIZED.—From the amount ap-
propriated to carry out this part under section 800, the 
Secretary is authorized to award a grant to Project GRAD 
USA (referred to in this part as the ‘grantee’), a nonprofit 
educational organization that has as its primary purpose 
the improvement of secondary school graduation and col-
lege attendance and completion rates for disadvantaged 
students, to implement and sustain the integrated edu-
cation reform services described in subsection (d)(3) at ex-
isting Project GRAD program sites and to promote the 
expansion of such programs to new sites. 
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570 
‘‘(c) REQUIREMENTS OF GRANT AGREEMENT.—The 
Secretary shall enter into an agreement with the grantee 
that requires that the grantee shall— 
‘‘(1) enter into subcontracts with nonprofit edu-
cational organizations that serve a substantial num-
ber or percentage of low-income students (referred 
to in this part as ‘subcontractors’), under which the 
subcontractors agree to implement the programs de-
scribed in subsection (d) and provide matching funds 
for such programs; 
‘‘(2) directly carry out— 
‘‘(A) activities to implement and sustain 
the literacy, mathematics, classroom manage-
ment, social service, and college access pro-
grams further described in subsection (d)(3); 
‘‘(B) activities to build the organizational 
and management capacity of the subcontractors 
to effectively implement and sustain the pro-
grams; 
‘‘(C) activities for the purpose of improving 
and expanding the programs, including but not 
limited to activities to further articulate a pro-
gram for one or more grade levels and across 
grade levels, to tailor a program for a particular 
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571 
target audience, and provide tighter integration 
across programs; 
‘‘(D) activities for the purpose of imple-
menting new Project GRAD program sites; 
‘‘(E) activities for the purpose of pro-
moting greater public awareness of integrated 
education reform services to improve secondary 
school graduation and college attendance rates 
for disadvantaged students; and 
‘‘(F) other activities directly related to im-
proving secondary school graduation and college 
attendance and completion rates for disadvan-
taged students; and 
‘‘(3) use grant funds available under this part 
to pay— 
‘‘(A) the amount determined under sub-
section (f)(1); and 
‘‘(B) costs associated with carrying out the 
activities and providing the services, as provided 
in paragraphs (2). 
‘‘(d) SUPPORTED PROGRAMS.— 
‘‘(1) DESIGNATION.—The subcontractor pro-
grams referred to in subsection (c)(1) shall be 
known as ‘Project GRAD programs’. 
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572 
‘‘(2) FEEDER PATTERNS.—Each subcontractor 
shall implement a Project GRAD program and shall, 
with the agreement of the grantee— 
‘‘(A) identify or establish not less than one 
‘feeder pattern’ of public schools, where ‘feeder 
pattern’ is defined as a high school and the ele-
mentary schools and middle schools that chan-
nel students into that high school; and 
‘‘(B) provide the integrated educational re-
form services described in paragraph (3) at the 
identified feeder pattern or feeder patterns. 
‘‘(3) INTEGRATED EDUCATION REFORM SERV-
ICES.—The services provided through a Project 
GRAD program may include— 
‘‘(A) research-based programs in reading, 
mathematics, and classroom management; 
‘‘(B) campus-based social services pro-
grams, including a systematic approach to in-
crease family and community involvement in the 
schools served by the Project GRAD program; 
‘‘(C) a college access program that in-
cludes— 
‘‘(i) providing college scholarships for 
students who meet established criteria; 
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573 
‘‘(ii) proven approaches for increasing 
student and family college awareness; and 
‘‘(iii) assistance for such students in 
applying for higher education financial aid; 
and 
‘‘(D) such other services identified by the 
grantee as necessary to increase secondary 
school graduation and college attendance and 
completion rates. 
‘‘(e) USE OF FUNDS.—Of the funds made available 
to carry out this part under section 800, not more than 
8 percent of such funds, or $4,000,000, whichever is less, 
shall be used by the grantee to pay for administration of 
the grant, with the remainder of funds to be used for the 
purposes described in subsections (c)(1) and (2). 
‘‘(f) GRANTEE CONTRIBUTION AND MATCHING RE-
QUIREMENT.— 
‘‘(1) IN GENERAL.—The grantee shall provide 
to each subcontractor an average of $200 for each 
pupil served by the subcontractor in the Project 
GRAD program, adjusted to take into consider-
ation— 
‘‘(A) the resources available in the area 
where the subcontractor will implement the 
Project GRAD program; and 
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574 
‘‘(B) the need for Project GRAD programs 
in such area to improve student outcomes. 
‘‘(2) MATCHING REQUIREMENT.—Each subcon-
tractor shall provide funds for the Project GRAD 
program in an amount that is equal to the amount 
received by the subcontractor from the grantee. 
Such matching funds may be provided in cash or in 
kind, fairly evaluated. 
‘‘(3) WAIVER
AUTHORITY.—The grantee may 
waive, in whole or in part, the requirement of para-
graph (2) for a subcontractor, if the subcontractor— 
‘‘(A) demonstrates that it would not other-
wise be able to participate in the program; and 
‘‘(B) enters into an agreement with the 
grantee with respect to the amount to which the 
waiver will apply. 
‘‘(4) DECREASE
IN
GRANTEE
SHARE.—Based 
on the funds or resources available to a subcon-
tractor, the grantee may elect to provide the subcon-
tractor with an amount that is less than the amount 
determined under paragraph (1). 
‘‘(g) EVALUATION.— 
‘‘(1) EVALUATION BY THE SECRETARY.—The 
Secretary shall select an independent entity to evalu-
ate, every 3 years, the performance of students who 
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575 
participate in a Project GRAD program under this 
part. The evaluation shall— 
‘‘(A) be conducted using the strongest pos-
sible research design for determining the effec-
tiveness of the Project GRAD programs funded 
under this part; and 
‘‘(B) compare reading and mathematics 
achievement and, where applicable, the sec-
ondary school graduation, college attendance, 
and college completion rates of students who 
participate in a Project GRAD program funded 
under this part with those indicators for stu-
dents of similar backgrounds who do not par-
ticipate in such programs. 
‘‘(2) EVALUATION
BY
GRANTEE
AND
SUB-
CONTRACTORS.— 
‘‘(A) IN GENERAL.—The grantee shall re-
quire each subcontractor to prepare an in-depth 
report of the results and the use of funds of 
each Project GRAD program funded under this 
part that includes— 
‘‘(i) data on the reading and mathe-
matics achievement of students involved in 
the Project GRAD program; 
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576 
‘‘(ii) statistics on secondary school 
graduation, college attendance, and college 
completion rates; and 
‘‘(iii) such financial reporting as re-
quired by the Secretary to review the effec-
tiveness and efficiency of the program. 
‘‘(B) FORM OF REPORT.—The report shall 
be in a form and include such content as shall 
be determined by the grantee, in consultation 
with the Secretary or the entity selected by the 
Secretary to evaluate the Project GRAD pro-
grams in accordance with paragraph (1). 
‘‘(3) AVAILABILITY OF EVALUATIONS.—Copies 
of any evaluation or report prepared under this sub-
section shall be made available to— 
‘‘(A) the Secretary; and 
‘‘(B) the chairperson and ranking member 
of the authorizing committees. 
‘‘(h) DEFINITIONS.—In this part the term ‘low-in-
come student’ means a student who is determined by a 
local educational agency to be from a low-income family 
using the measures described in section 1113(a)(5) of the 
Elementary and Secondary Education Act of 1965 (20 
U.S.C. 6313(a)(5)). 
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577 
‘‘PART G—IMPROVING COLLEGE ENROLLMENT 
BY SECONDARY SCHOOLS 
‘‘SEC. 841. IMPROVING COLLEGE ENROLLMENT BY SEC-
ONDARY SCHOOLS. 
‘‘(a) IN GENERAL.—From the amount appropriated 
to carry out this part under section 800, the Secretary 
shall contract with one nonprofit organization described 
in subsection (b) to enable the nonprofit organization— 
‘‘(1) to make publicly available the year-to-year 
higher education enrollment rate trends of secondary 
school students, disaggregated by secondary school, 
in full compliance with the Family Education Rights 
and Privacy Act of 1974; 
‘‘(2) to identify not less than 50 urban local 
educational agencies and 5 States with significant 
rural populations, each serving a significant popu-
lation of low-income students, and to carry out a 
comprehensive needs assessment in the agencies and 
States of the factors known to contribute to im-
proved higher education enrollment rates, which fac-
tors shall include— 
‘‘(A) an evaluation of the local educational 
agency’s and State’s leadership strategies; 
‘‘(B) the secondary school curriculum and 
class offerings of the local educational agency 
and State; 
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578 
‘‘(C) the professional development used by 
the local educational agency and the State to 
assist teachers, higher education counselors, 
and administrators in supporting the transition 
of secondary students into higher education; 
‘‘(D) secondary school student attendance 
and other factors demonstrated to be associated 
with enrollment into higher education; 
‘‘(E) the data systems used by the local 
educational agency and the State to measure 
college enrollment rates and the incentives in 
place to motivate the efforts of faculty and stu-
dents to improve student and school-wide out-
comes; and 
‘‘(F) strategies to mobilize student leaders 
to build a college-bound culture; and 
‘‘(3) to provide comprehensive services to im-
prove the school-wide higher education enrollment 
rates of each of not less than 10 local educational 
agencies and States, with the federally funded por-
tion of each project declining by not less than 20 
percent each year beginning in the second year of 
the comprehensive services, that— 
‘‘(A) participated in the needs assessment 
described in paragraph (2); and 
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579 
‘‘(B) demonstrated a willingness and com-
mitment to improving the higher education en-
rollment rates of the local educational agency or 
State, respectively. 
‘‘(b) GRANT RECIPIENT CRITERIA.—The recipient of 
the grant awarded under subsection (a) shall be a non-
profit organization with demonstrated expertise— 
‘‘(1) in increasing school-wide higher education 
enrollment rates in low-income communities nation-
wide by providing curriculum, training, and technical 
assistance to secondary school staff and student peer 
influencers; and 
‘‘(2) in a college transition data management 
system. 
‘‘PART H—DIPLOMA MILL PREVENTION 
‘‘SEC. 851. PURPOSE; DEFINITIONS. 
‘‘(a) PURPOSE.—The purpose of this part is to pro-
tect institutions of higher education, businesses and other 
employers, professional licensing boards, patients and cli-
ents of degree holders, taxpayers, and other individuals 
from any person claiming to possess a legitimate academic 
degree that in fact was issued by a fraudulent or non-
existent school, by a non-educational entity posing as a 
school, or by any entity in violation of Federal or State 
law. 
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580 
‘‘(b) DEFINITIONS.—In this part: 
‘‘(1) DEGREE-GRANTING
INSTITUTION.—The 
term ‘degree-granting institution’ means any entity 
that offers or confers an academic, professional, or 
occupational degree, diploma, or certificate, if such 
degree, diploma, or certificate may be used to rep-
resent to the general public that the individual pos-
sessing such degree, diploma, or certificate has com-
pleted a program of education or training beyond 
secondary education. 
‘‘(2) DIPLOMA MILL.—The term ‘diploma mill’ 
means any entity that— 
‘‘(A) lacks valid accreditation by an agency 
recognized by a Federal agency or a State gov-
ernment as a valid accrediting agency of insti-
tutions of higher education; and 
‘‘(B) offers degrees, diplomas, or certifi-
cations, for a fee, that may be used to represent 
to the general public that the individual pos-
sessing such a degree, diploma, or certification 
has completed a program of education or train-
ing beyond secondary education, but little or no 
education or course work is required to obtain 
such a degree, diploma, or certification. 
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581 
‘‘(3) INSTITUTION OF HIGHER EDUCATION.— 
The term ‘institution of higher education’ has the 
meaning given such term in section 102. 
‘‘SEC. 852. RECOGNIZED ACCREDITING AGENCIES AND IN-
STITUTIONS. 
‘‘(a) LISTS MAINTAINED BY THE DEPARTMENT OF 
EDUCATION.—Not later than 30 days after the date of 
the enactment of this part, the Secretary of Education 
shall make available (in a regularly updated, electronic 
format) to the Secretary of Homeland Security and the 
heads of other appropriate Federal agencies, a list of— 
‘‘(1) accrediting agencies and associations, rec-
ognized by the Secretary of Education under section 
496, or, at the discretion of the Secretary, other or-
ganizations involved in accreditation; 
‘‘(2) eligible institutions, as defined under sec-
tion 435(a); and 
‘‘(3) to the extent practicable, foreign degree- 
granting institutions that— 
‘‘(A) have degree-granting authority, as 
granted by the appropriate agency or ministry 
of jurisdiction in the home country of such in-
stitution; 
‘‘(B) issue degrees that are accepted for 
professional licensure, public employment, and 
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582 
admission into graduate programs of degree- 
granting institutions in the home country (as 
determined by the Secretary of State); 
‘‘(C) are determined by the Secretary of 
Education to be academically equivalent to an 
eligible institution, as defined in section 435(a); 
and 
‘‘(D) are located in a home country that is 
capable of performing an effective academic 
evaluation of the degree-granting institutions to 
which it issues degree-granting authority, as de-
termined by the Secretary of State, in consulta-
tion with the Secretary of Education, 
for the purposes of allowing the Secretary of Homeland 
Security and the heads of such Federal agencies to deter-
mine, for immigration and Federal employment and hiring 
purposes, the legitimacy of degree-granting institutions 
and degrees issued by such institutions. 
‘‘(b) REVISIONS TO LISTS.—The Secretary of Edu-
cation shall modify and maintain the lists described in 
subsection (a) as necessary to ensure that the lists and 
the information contained in the lists are accurate and up- 
to-date, based on the most recent information available to 
the Secretary. 
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583 
‘‘(c) NOTICE OF RECOGNITION.—To be eligible to re-
ceive funds under title IV, each eligible institution de-
scribed in subsection (a)(2) shall, not later than 60 days 
after the date of the enactment of this part, prominently 
display on the institution’s Internet website a notice indi-
cating that the institution is recognized by the Secretary 
of Education as a legitimate institution for immigration 
and Federal employment and hiring purposes. If the Sec-
retary of Education determines that an institution no 
longer qualifies as a legitimate degree-granting institu-
tions described in subsection (a)(2), and removes the insti-
tution from the list maintained under such subsection, the 
institution shall, not later than 15 days after the removal 
of the institution from such list, delete the notice required 
by this subsection from the institution’s Internet website. 
‘‘SEC. 853. ACCREDITING AGENCIES. 
‘‘No accrediting agency or association may be consid-
ered to be a reliable authority as to the quality of edu-
cation or training offered by a degree-granting institution 
for any purpose related to immigration, Federal employ-
ment and hiring practices, or for any other Federal pur-
poses, unless the agency or association is on the list of 
accrediting agencies and associations recognized by the 
Secretary of Education and provided to the Secretary of 
Homeland Security under section 852. The Secretary may 
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584 
consult with other organizations, such as the Council for 
Higher Education Accreditation, for such purposes. 
‘‘SEC. 854. TASK FORCE. 
‘‘(a) TASK FORCE ESTABLISHED.—The Secretary of 
Education shall establish within the Department of Edu-
cation the Diploma Mill Task Force (referred to in this 
part as the ‘Task Force’). 
‘‘(b) MEMBERSHIP.— 
‘‘(1) NUMBER AND APPOINTMENT.—The Task 
Force shall, if practicable, be composed of 19 mem-
bers, as follows: 
‘‘(A) The Assistant Secretary of Education 
for Postsecondary Education. 
‘‘(B) A representative of the Department 
of Education with experience related to the de-
termination of the legitimacy and quality of de-
grees from foreign institutions of higher edu-
cation, selected by the Secretary of Education. 
‘‘(C) A representative of the Department 
of Justice, selected by the Attorney General. 
‘‘(D) A representative of the Federal 
Trade Commission, selected by the Chairman of 
such agency. 
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585 
‘‘(E) A representative of the Secret Serv-
ice, selected by the Director of the Secret Serv-
ice. 
‘‘(F) A representative of the Department 
of State, selected by the Secretary of State. 
‘‘(G) A representative of the Department 
of Homeland Security, selected by the Secretary 
of Homeland Security. 
‘‘(H) A representative of the Office of Per-
sonnel Management, selected by the Director of 
such Office. 
‘‘(I) A representative of a national accredi-
tation association. 
‘‘(J) A representative of a national organi-
zation representing collegiate registrars and ad-
missions officers. 
‘‘(K) Two representatives of State degree 
approval agencies, selected by agreement of at 
least 3 of the Speaker of the House of Rep-
resentatives, the Senate Majority Leader, the 
House Minority Leader, and the Senate Minor-
ity Leader. 
‘‘(L) Two representatives from regionally 
accredited institutions of higher education, se-
lected by agreement of at least 3 of the Speaker 
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586 
of the House of Representatives, the Senate 
Majority Leader, the House Minority Leader, 
and the Senate Minority Leader. 
‘‘(M) One representative from a nationally 
accredited institution of higher education, se-
lected by agreement of at least 3 of the Speaker 
of the House of Representatives, the Senate 
Majority Leader, the House Minority Leader, 
and the Senate Minority Leader. 
‘‘(N) Four individuals from the general 
population with experience in higher education, 
the detection of fraudulent degrees and degree- 
granting institutions, or law enforcement re-
lated to credential fraud, selected as follows: 
‘‘(i) One individual selected by the 
Speaker of the House of Representatives. 
‘‘(ii) One individual selected by the 
Minority Leader of the House of Rep-
resentatives. 
‘‘(iii) One individual selected by the 
Majority Leader of the Senate. 
‘‘(iv) One individual selected by the 
Minority Leader of the Senate. 
‘‘(2) CRITERIA FOR MEMBERSHIP.—All mem-
bers of the Task Force shall be persons who are es-
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587 
pecially qualified to serve on the Task Force by vir-
tue of their education, training, or experience, par-
ticularly in the fields of higher education, accredita-
tion of institutions of higher education, foreign high-
er education standards, State regulation of institu-
tions of higher education, immigration, Federal em-
ployment requirements and hiring practices, or fraud 
prevention, detection, or enforcement. 
‘‘(3) TERMS.—Each member shall be appointed 
for the life of the Task Force. 
‘‘(4) VACANCIES.—A vacancy in the Task Force 
shall be filled in the manner in which the original 
appointment was made. 
‘‘(5) CHAIR.—At the first meeting of the Task 
Force, the members of the Task Force shall elect a 
member of the Task Force to serve as Chair. 
‘‘(c) DUTIES.— 
‘‘(1) GUIDELINES.—The Task Force shall de-
velop guidelines, to be used for the development of 
Federal legislation, to identify degree-granting insti-
tutions as legitimate or fraudulent degree-granting 
institutions for Federal purposes. In developing such 
guidelines, the Task Force shall consider— 
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588 
‘‘(A) characteristics of degree-granting in-
stitutions that help determine the legitimacy of 
the institution, such as whether an entity— 
‘‘(i) offers or confers degrees, diplo-
mas, or certificates— 
‘‘(I) for little or no meaningful 
academic work; 
‘‘(II) without requiring an appro-
priate level of academic achievement 
for the attainment of such degrees, di-
plomas, or certificates; or 
‘‘(III) without imposing academic 
or other requirements for admittance 
into the institutions or programs of-
fering such degrees, diplomas, or cer-
tificates; 
‘‘(ii) has fiscal and administrative 
structures and capacity appropriate to the 
specified scale of educational operations; 
‘‘(iii) has resources to support claims 
as a degree-granting institution, including 
curricula, qualified faculty, facilities, equip-
ment, and supplies, student support serv-
ices, objectives of the degrees or creden-
tials offered, admissions practices, aca-
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589 
demic calendars and catalogs, and a grad-
ing system; and 
‘‘(iv) has degree-granting authority 
issued by the States in which degrees, or 
instruction leading to degrees, are offered, 
and is recognized by such States as an ap-
proved institution of higher education; 
‘‘(B) the feasibility of defining the term 
‘fraudulent degree-granting institution’ (com-
monly referred to as ‘diploma mills’), and if fea-
sible, shall define such term for use in Federal 
laws and regulations; 
‘‘(C) issues related to— 
‘‘(i) the detection of new and existing 
fraudulent degree-granting institutions; 
‘‘(ii) recognition and prevention of the 
practices used by such fraudulent degree- 
granting institutions to avoid detection; 
‘‘(iii) the enforcement of laws and reg-
ulations prohibiting such fraudulent de-
gree-granting institutions and practices 
and the use of fraudulent degrees; and 
‘‘(iv) the prosecution of such fraudu-
lent degree-granting institutions and prac-
tices and the use of fraudulent degrees; 
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590 
‘‘(D) difficulties in identifying fraudulent 
degree-granting institutions located in foreign 
countries, or that claim recognition or degree- 
granting authority from foreign countries; 
‘‘(E) means to alert and educate the public 
about fraudulent degree-granting institutions 
and the use of fraudulent degrees; 
‘‘(F) laws, regulations, and other means 
used by States to address fraudulent degree- 
granting institutions and the use of fraudulent 
degrees; 
‘‘(G) the potential need for coordination 
and cooperation among various Federal agen-
cies to investigate and prosecute suspected 
fraudulent degree-granting institutions, and the 
detailed recommendations of the Task Force re-
garding such coordination and cooperation; 
‘‘(H) the study and the report to the Task 
Force required under this section; and 
‘‘(I) the purposes for which various agen-
cies of the United States need to identify fraud-
ulent degree-granting institutions, and identify, 
prohibit, and prevent the use of degrees issued 
by such fraudulent institutions, and the ability 
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591 
of such agencies to implement any guidelines 
considered by the Task Force. 
‘‘(2) DEVELOPMENT OF FEDERAL PLAN.—The 
Task Force shall develop a strategic diploma integ-
rity protection plan (referred to in this section as 
the ‘Plan’) to address the sale and use of fraudulent 
degrees for Federal purposes. The Plan shall include 
the following: 
‘‘(A) Recommendations to Congress re-
garding the implementation by Federal agencies 
of the guidelines developed under paragraph 
(1). 
‘‘(B) Recommendations to the Federal 
Trade Commission regarding the application of 
the guidelines developed under paragraph (1) to 
any rulemaking under section 856 and to the 
enforcement of the rules promulgated under 
such section. 
‘‘(3) SUBMISSION OF REPORT TO CONGRESS.— 
Not later than one year after the date of the enact-
ment of this part, the Task Force shall submit to 
the appropriate congressional committees a report, 
including— 
‘‘(A) the guidelines developed under para-
graph (1); 
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592 
‘‘(B) the Plan developed under paragraph 
(2); and 
‘‘(C) a legislative proposal for consider-
ation by Congress. 
‘‘SEC. 855. SENSE OF THE CONGRESS REGARDING USE BY 
STATES OF THE FEDERAL PLAN AS GUIDE-
LINES. 
‘‘It is the sense of the Congress that— 
‘‘(1) each State should implement a strategic 
diploma integrity plan similar to any such plan en-
acted by Congress in accordance with section 854, to 
the extent practicable and as soon as practicable 
after the date of the enactment of such a plan under 
such section; and 
‘‘(2) States may adopt more stringent stand-
ards than those standards contained in the Federal 
strategic diploma integrity plan and used by agen-
cies of the United States to identify fraudulent de-
gree-granting institutions operating within such 
State, except that State law does not preempt Fed-
eral law as applied to the employment and hiring 
practices of Federal employees working in such 
State. 
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593 
‘‘SEC. 856. UNFAIR AND DECEPTIVE ACTS AND PRACTICES 
REGARDING DIPLOMAS AND PROFESSIONAL 
CERTIFICATIONS. 
‘‘Not later than 180 days after the date of enactment 
of this part, the Secretary shall request in writing that 
the Federal Trade Commission shall develop a plan to ad-
dress diploma mills based on section 18 of Federal Trade 
Commission Act (15 U.S.C. 57a). 
‘‘PART I—STUDENT SAFETY AND CAMPUS 
EMERGENCY MANAGEMENT 
‘‘SEC. 861. STUDENT SAFETY AND CAMPUS EMERGENCY 
MANAGEMENT. 
‘‘(a) GRANTS AUTHORIZED.— 
‘‘(1) IN GENERAL.—From the amount appro-
priated to carry out this part under section 800, the 
Secretary is authorized to award grants, on a com-
petitive basis, to institutions of higher education or 
consortia of institutions of higher education to en-
able institutions of higher education or consortia to 
pay the Federal share of the cost of carrying out the 
authorized activities described in subsection (c). 
‘‘(2) CONSULTATION
WITH
THE
ATTORNEY 
GENERAL AND THE SECRETARY OF HOMELAND SE-
CURITY.—Where appropriate, the Secretary shall 
award grants under this section in consultation with 
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597 
‘‘(e) TECHNICAL ASSISTANCE.—The Secretary shall 
coordinate technical assistance provided by State and local 
emergency management agencies, the Department of 
Homeland Security, and other agencies as appropriate, to 
institutions of higher education or consortia that request 
assistance in developing and implementing the activities 
assisted under this section. 
‘‘(f) RULE OF CONSTRUCTION.—Nothing in this sec-
tion shall be construed— 
‘‘(1) to provide a private right of action to any 
person to enforce any provision of this section; 
‘‘(2) to create a cause of action against any in-
stitution of higher education or any employee of the 
institution for any civil liability; or 
‘‘(3) to affect the Family Educational Rights 
and Privacy Act of 1974 or the regulations issued 
under section 264 of the Health Insurance Port-
ability and Accountability Act of 1996 (42 U.S.C. 
1320d–2 note). 
‘‘SEC. 862. MODEL EMERGENCY RESPONSE POLICIES, PRO-
CEDURES, AND PRACTICES. 
‘‘The Secretary of Education, in consultation with the 
Attorney General of the United States and the Secretary 
of Homeland Security, shall— 
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598 
‘‘(1) advise institutions of higher education on 
model emergency response policies, procedures, and 
practices; and 
‘‘(2) disseminate information concerning those 
policies, procedures, and practices. 
‘‘SEC. 863. PREPARATION FOR FUTURE DISASTERS PLAN BY 
THE SECRETARY. 
‘‘(a) PLANNING.—The Secretary shall develop and 
maintain a disaster relief plan, in consultation with the 
appropriate agencies, to ensure a procedure is in place to 
address the needs of institutions of higher education in 
the event of a disaster with respect to which the President 
has declared a major disaster or emergency. The plan shall 
take into consideration the immediate safety and well- 
being of students, faculty, and staff. Additionally, such 
plan shall outline steps that can be taken to ensure institu-
tions of higher education have a timely recovery. 
‘‘(b) SUBMISSION
TO CONGRESS.—The Secretary 
shall submit to the authorizing committees the plan re-
quired by subsection (a) and any revisions of such plan. 
‘‘SEC. 864. EDUCATION DISASTER AND EMERGENCY RELIEF 
LOAN PROGRAM. 
‘‘(a) PROGRAM AUTHORIZED.—The Secretary is au-
thorized to establish an Education Disaster and Emer-
gency Relief Loan Program for institutions of higher edu-
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599 
cation for direct or indirect losses incurred as a result of 
a federally declared major disaster or emergency. 
‘‘(b) USE OF ASSISTANCE.—The Secretary may, sub-
ject to the availability of appropriations, provide any as-
sistance under the Education Disaster and Emergency Re-
lief Loan program to institutions of higher education pur-
suant to this section only after the declaration of a major 
disaster or emergency by the President. Loan funds pro-
vided under this section may be used for— 
‘‘(1) direct and indirect construction, replace-
ment, and renovation costs associated with or result-
ing from or preparing for a major disaster or emer-
gency; 
‘‘(2) faculty salaries and incentives for retaining 
faculty; or 
‘‘(3) reimbursement for lost tuition and other 
revenues. 
‘‘(c) APPLICATION REQUIREMENTS.—To be consid-
ered for a loan under this section, an institution of higher 
education shall— 
‘‘(1) submit a financial statement and other ap-
propriate data, documentation, or evidence requested 
by the Secretary that indicates that the institution 
incurred losses resulting from the impact of a major 
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600 
disaster or emergency and the monetary amount of 
such losses; and 
‘‘(2) demonstrate that the institution attempted 
to minimize the cost of any losses by pursuing collat-
eral source compensation from the Federal Emer-
gency Management Agency and insurance coverage 
prior to seeking a loan under this section, except 
that an institution of higher education shall not be 
required to receive collateral source compensation 
from the Federal Emergency Management Agency 
and insurance prior to being eligible for the loans 
under this section. 
‘‘(d) AUDIT.—The Secretary may audit a financial 
statement submitted under subsection (c) and an institu-
tion of higher education shall provide any information that 
the Secretary determines necessary to conduct such an 
audit. 
‘‘(e) REDUCTION IN LOAN AMOUNTS.—To determine 
the amount of a loan to make available to an institution 
of higher education under this section, the Secretary shall 
calculate the monetary amount of losses incurred by such 
institution as a result of a federally declared major dis-
aster or emergency, and shall reduce such amount by the 
amount of collateral source compensation the institution 
has already received from insurance, and the Federal 
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601 
Emergency Management Agency, and the Small Business 
Administration. 
‘‘(f) ESTABLISHMENT OF LOAN PROGRAM.—In order 
to disburse loans under this section, the Secretary shall 
prescribe regulations that— 
‘‘(1) establish the loan program, taking into 
consideration the structure of existing capital financ-
ing loan programs under this Act; and 
‘‘(2) that set forth— 
‘‘(A) terms for the loan program under 
this section; 
‘‘(B) procedures for an application for a 
loan under this section; and 
‘‘(C) minimum requirements for the loan 
program and for receiving a loan under this 
section, including the following: 
‘‘(i) Online forms to be used in sub-
mitting request for a loan under this sec-
tion. 
‘‘(ii) Information to be included in 
such forms. 
‘‘(iii) Procedures to assist in filing 
and pursing a loan under this section. 
‘‘(g) DEFINITIONS.—In this section: 
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602 
‘‘(1) INSTITUTION AFFECTED BY A GULF HUR-
RICANE DISASTER.—The term ‘institution affected 
by a Gulf hurricane disaster’ means an institution of 
higher education that— 
‘‘(A) is located in an area affected by a 
Gulf hurricane disaster; and 
‘‘(B) is able to demonstrate that the insti-
tution— 
‘‘(i) incurred physical damage result-
ing from the impact of a Gulf hurricane 
disaster; 
‘‘(ii) was not able to fully reopen in 
existing facilities or to fully reopen to the 
pre-hurricane levels for 30 days or more 
during August 29 2005. 
‘‘(2) AREA AFFECTED BY A GULF HURRICANE 
DISASTER; GULF HURRICANE DISASTER.—The terms 
‘area affected by a Gulf hurricane disaster’ and 
‘Gulf hurricane disaster’ have the meanings given 
such terms in section 209 of the Higher Education 
Hurricane Relief Act of 2005 (Public Law 109–148, 
119 Stat. 2809). 
‘‘(3) EMERGENCY.—The term ‘emergency’ has 
the meaning given such term in section 102(1) of 
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604 
guardian of a dependent student, in the event that such 
student demonstrates that the student poses a significant 
risk of harm to himself or herself or to others, including 
a significant risk of suicide, homicide, or assault. Such 
guidance shall further clarify that an institution of higher 
education that, in good faith, discloses education records 
or other information (including records described in 
clauses (ii) or (iv) of subsection (a)(4)(B) of the Family 
Educational Rights and Privacy Act of 1974) in accord-
ance with the requirements of this Act and the Family 
Educational Rights and Privacy Act of 1974 shall not be 
liable to any person for that disclosure. 
‘‘PART J—RURAL DEVELOPMENT GRANTS FOR 
RURAL COLLEGES AND UNIVERSITIES 
‘‘SEC. 871. PURPOSE. 
‘‘The purposes of this part are— 
‘‘(1) to increase— 
‘‘(A) enrollment and graduation rates from 
2-year and 4-year colleges, and articulation 
from 2-year degree programs into 4-year degree 
programs of graduates of rural high schools; 
and 
‘‘(B) degree completion for nontraditional 
students from rural areas; and 
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605 
‘‘(2) to promote economic growth and develop-
ment in rural America through partnership grants to 
consortia of rural colleges and universities and other 
entities, such as local education agencies, employers, 
education service agencies, and nonprofit organiza-
tions. 
‘‘SEC. 872. DEFINITIONS. 
‘‘For the purposes of this part: 
‘‘(1) RURAL
INSTITUTION
OF
HIGHER
EDU-
CATION.—The term ‘rural institution of higher edu-
cation’ means an institution of higher education (as 
such term is defined in section 101(a)) that pri-
marily serves rural areas. 
‘‘(2) RURAL
AREA.—The term ‘rural area’ 
means means an area in which there is located a 
rural local educational agency. 
‘‘(3) RURAL LOCAL EDUCATION AGENCY.—The 
term ‘rural local education agency’ means a local 
educational agency (as such term is defined in sec-
tion 9101 of the Elementary and Secondary Edu-
cation Act of 1965) all of the schools of which meet 
a metro-centric locale code of 41, 42, or 43 as deter-
mined by the National Center for Education Statis-
tics (NCES), in conjunction with the Bureau of the 
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606 
Census, using the NCES system for classifying local 
educational agencies. 
‘‘(4) NONTRADITIONAL
STUDENT.—The term 
‘nontraditional student’ means an individual who— 
‘‘(A) delays enrollment in an institution of 
higher education by 3 or more years after com-
pleting high school; 
‘‘(B) attends an institution of higher edu-
cation part-time or less than part-time; or 
‘‘(C) attends an institution of higher edu-
cation and— 
‘‘(i) works full-time; 
‘‘(ii) is an independent student; 
‘‘(iii) has one or more dependents 
other than a spouse; 
‘‘(iv) is a single parent; or 
‘‘(v) does not have a high school di-
ploma. 
‘‘(5) REGIONAL
EMPLOYER.—The term ‘re-
gional employer’ means employers qualifying as busi-
nesses or other entities employing individuals within 
a rural area. 
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607 
‘‘SEC. 873. ENSURING COLLEGE ACCESS FOR RURAL HIGH 
SCHOOL GRADUATES. 
‘‘(a) GRANTS AUTHORIZED.—From the amounts ap-
propriated to carry out this part under section 800, the 
Secretary of Education is authorized to make grants in 
accordance with this section to partnerships formed be-
tween one or more rural institution of higher education 
and any of the following entities: 
‘‘(1) One or more rural local educational agen-
cies. 
‘‘(2) One or more rural education service agen-
cies. 
‘‘(3) One or more regional employers. 
‘‘(4) One or more nonprofit organizations with 
expertise in rural education. 
‘‘(b) ELIGIBLE PARTNERSHIPS; APPLICATIONS.—To 
be eligible for a grant under this section, a partnership 
that meets the requirements of subsection (a)shall submit 
to the Secretary an application in such form and con-
taining such information as the Secretary shall prescribe. 
In determining which applications to approve for a grant 
under this section, the Secretary shall consider— 
‘‘(1) the percentage of graduates, attendees, or 
former attendees of high schools from rural local 
educational agencies enrolled or otherwise affiliated 
with the entity; 
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608 
‘‘(2) in the case of employers, the percentage of 
employees that are graduates of high schools in 
rural local educational agencies. 
‘‘(c) USE OF GRANT AMOUNTS.—Funds made avail-
able by a grant under this section to a partnership that 
meets the requirements of shall be used— 
‘‘(1) to improve enrollment rates for graduates 
and former attendees of rural high schools at rural 
institutions of higher education, including— 
‘‘(A) programs to provide information 
about college costs and financial aid options, as-
sistance with college enrollment applications, 
and assistance with financial aid applications; 
‘‘(B) programs or initiatives that provide 
such individuals of rural high schools access 
and exposure to campuses, classes, programs, 
and facilities of rural institutions of higher edu-
cation, including covering the cost of transpor-
tation to and from institutions of higher edu-
cation; 
‘‘(C) the formation of groups or other ini-
tiatives that create support groups of such stu-
dents expressing interest in attending rural in-
stitutions of higher education; 
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609 
‘‘(D) extra curricular activities, such as in-
ternships, community service, and other activi-
ties for such individuals in advance of attending 
institutions of higher education; and 
‘‘(E) other initiatives that assist such indi-
viduals in applying and developing interest in 
attending rural institutions of higher education; 
and 
‘‘(2) to encourage participation of nontradi-
tional students in degree programs at rural institu-
tions of higher education, including— 
‘‘(A) programs to provide information 
about college costs and financial aid options, as-
sistance with college enrollment applications, 
and assistance with financial aid applications 
for institutions of higher education; 
‘‘(B) outreach to nontraditional students 
through community initiatives; and 
‘‘(C) formation of support groups for non-
traditional students enrolling in 2-year degree 
programs and articulating from 2-year degree 
programs to 4-year degree programs. 
‘‘SEC. 874. ECONOMIC DEVELOPMENT PARTNERSHIPS. 
‘‘(a) GRANTS AUTHORIZED.—From the amounts ap-
propriated to carry out this part under section 800, the 
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611 
‘‘(2) to encourage regional businesses to employ 
graduates of rural institutions of education. 
‘‘SEC. 875. QUALITY OF LIFE IN RURAL AREAS. 
‘‘(a) GRANTS AUTHORIZED.—From the amounts ap-
propriated to carry out this part under section 800, the 
Secretary of Education is authorized to make grants in 
accordance with this section to rural institutions of higher 
education. 
‘‘(b) USE OF GRANT AMOUNTS.—Funds made avail-
able by a grant under this section to a partnership that 
meets the requirements of subsection (a) shall be used to 
create or strengthen academic programs to prepare 
graudates to enter into high-need occupations in the re-
gional and local economies 
‘‘SEC. 876. ALLOCATION OF APPROPRIATIONS. 
‘‘(a) GRANT CONSIDERATIONS.—In making grant al-
locations under this part to qualifying institutions and 
partnerships, the Secretary shall consider— 
‘‘(1) the percentage of graduates of rural high 
schools attending rural institutions of higher edu-
cation in proximity to the entity receiving the grant; 
‘‘(2) employment needs of regional employers in 
proximity to entities receiving the grant; and 
‘‘(3) the health of the regional economy of the 
region surrounding the entity receiving the grant. 
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612 
‘‘(b) MAXIMUM AND MINIMUM GRANTS.—No grant 
awarded by the Secretary under this part shall be less 
than $200,000 or more than $500,000. 
‘‘(c) GRANT DURATION.—A grant awarded under 
this part shall be awarded for one 3-year period. 
‘‘PART K—IMPROVING SCIENCE, TECHNOLOGY, 
ENGINEERING, 
AND 
MATHEMATICS 
EDU-
CATION WITH A FOCUS ON ALASKA NATIVE 
AND NATIVE HAWAIIAN STUDENTS 
‘‘SEC. 880. IMPROVING SCIENCE, TECHNOLOGY, ENGINEER-
ING, AND MATHEMATICS EDUCATION WITH A 
FOCUS ON ALASKA NATIVE AND NATIVE HA-
WAIIAN STUDENTS. 
‘‘(a) PURPOSE.—The purpose of this section is— 
‘‘(1) to develop or expand programs for the de-
velopment of professionals in the fields of science, 
technology, engineering, and mathematics; and 
‘‘(2) to focus resources on meeting the edu-
cational and cultural needs of Alaska Natives and 
Native Hawaiians. 
‘‘(b) DEFINITIONS.—In this section: 
‘‘(1) ALASKA NATIVE.—The term ‘Alaska Na-
tive’ has the meaning given the term ‘Native’ in sec-
tion 3(b) of the Alaska Natives Claims Settlement 
Act (43 U.S.C. 1602(b)). 
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613 
‘‘(2) INSTITUTION OF HIGHER EDUCATION.— 
The term ‘institution of higher education’ has the 
meaning given the term in section 101(a). 
‘‘(3) ELIGIBLE PARTNERSHIP.—The term ‘eligi-
ble partnership’ means a partnership that includes— 
‘‘(A) 1 or more colleges or schools of engi-
neering; 
‘‘(B) 1 or more colleges of science, engi-
neering, or mathematics; 
‘‘(C) 1 or more institutions of higher edu-
cation that offer 2-year degrees; and 
‘‘(D) 1 or more private entities that— 
‘‘(i) conduct career awareness activi-
ties showcasing local technology profes-
sionals; 
‘‘(ii) encourage students to pursue 
education in science, technology, engineer-
ing, and mathematics from elementary 
school through college, and careers in 
those fields, with the assistance of local 
technology professionals; 
‘‘(iii) develop internships, apprentice-
ships, and mentoring programs in partner-
ship with relevant industries; and 
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614 
‘‘(iv) assist with placement of interns 
and apprentices. 
‘‘(4) NATIVE
HAWAIIAN.—The term ‘Native 
Hawaiian’ has the meaning given the term in section 
7207 of the Elementary and Secondary Education 
Act of 1965. 
‘‘(c) GRANT AUTHORIZED.—From the amounts ap-
propriated to carry out this part under section 800, the 
Secretary is authorized to award a grant to an eligible 
partnership to enable the eligible partnership to expand 
programs for the development of science, technology, engi-
neering, or mathematics professionals, from elementary 
school through college, including existing programs for 
Alaska Native and Native Hawaiian students. 
‘‘(d) USES OF FUNDS.—Grant funds under this sec-
tion shall be used for 1 or more of the following: 
‘‘(1) Development or implementation of cul-
tural, social, or educational transition programs to 
assist students to transition into college life and aca-
demics in order to increase such students’ retention 
rates in the fields of science, technology, engineer-
ing, or mathematics, with a focus on Alaska Native 
or Native Hawaiian students. 
‘‘(2) Development or implementation of aca-
demic support or supplemental educational programs 
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615 
to increase the graduation rates of students in the 
fields of science, technology, engineering, or mathe-
matics, with a focus on Alaska Native and Native 
Hawaiian students. 
‘‘(3) Development or implementation of intern-
ship programs, carried out in coordination with edu-
cational institutions and private entities, to prepare 
students for careers in the fields of science, tech-
nology, engineering, or mathematics, with a focus on 
programs that serve Alaska Native or Native Hawai-
ian students. 
‘‘(4) Such other activities that are consistent 
with the purposes of this section. 
‘‘(e) APPLICATION.—Each eligible partnership that 
desires a grant under this section shall submit an applica-
tion to the Secretary at such time, in such manner, and 
containing such information as the Secretary may require. 
‘‘(f) PRIORITY.—In awarding grants under this sec-
tion, the Secretary shall give priority to an eligible part-
nership that provides 1 or more programs in which 30 per-
cent or more of the program participants are Alaska Na-
tive or Native Hawaiian. 
‘‘(g) PERIOD OF GRANT.—A grant under this section 
shall be awarded for a period of 5 years. 
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616 
‘‘(h) EVALUATION AND REPORT.—Each eligible part-
nership that receives a grant under this section shall con-
duct an evaluation to determine the effectiveness of the 
programs funded under the grant and shall provide a re-
port regarding the evaluation to the Secretary not later 
than 6 months after the end of the grant period. 
‘‘PART L—NATIONAL DATABASE ON FINANCIAL 
ASSISTANCE FOR STUDY OF SCIENCE, TECH-
NOLOGY, ENGINEERING, AND MATHEMATICS 
‘‘SEC. 881. NATIONAL DATABASE ON FINANCIAL ASSIST-
ANCE FOR STUDY OF SCIENCE, TECHNOLOGY, 
ENGINEERING, AND MATHEMATICS. 
‘‘(a) ESTABLISHMENT AND MAINTENANCE OF DATA-
BASE.— 
‘‘(1) DATABASE.—The Secretary of Education 
shall establish and maintain, on the public website 
of the Department of Education, a database con-
sisting of information on scholarships, fellowships, 
and other programs of financial assistance available 
from public and private sources for the study of 
science, technology, engineering, or mathematics at 
the post-secondary and post-baccalaureate levels. 
‘‘(2) PRESENTATION
OF
INFORMATION.—The 
information maintained on the database established 
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618 
for information on the basis of each category of 
the information provided and on the basis of 
combinations of categories of the information 
provided, including whether the scholarship is 
need- or merit-based and by relevant academic 
majors. 
‘‘(F) The database shall include a rec-
ommendation that students and families should 
carefully review all of the application require-
ments prior to applying for aid, and a dis-
claimer that the scholarships presented in the 
database are not provided or endorsed by the 
Department of Education or the Federal Gov-
ernment. 
‘‘(b) DISSEMINATION OF INFORMATION ON DATA-
BASE.—The Secretary shall take such actions as may be 
necessary on an ongoing basis, including sending notices 
to secondary schools and institutions of higher education, 
to disseminate information on the database established 
and maintained under this part and to encourage its use 
by interested parties. 
‘‘(c) USE OF VENDOR TO OBTAIN INFORMATION.— 
In carrying out this part, the Secretary of Education shall 
enter into a contract with a private entity under which 
the entity shall furnish and regularly update all of the in-
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619 
formation required to be maintained on the database es-
tablished under this section. 
‘‘(d) ENCOURAGING THE PROVISION OF INFORMA-
TION.—In carrying out this part, the Secretary of Edu-
cation and the contracted entity shall consult with public 
and private sources of scholarships and make easily avail-
able a process for such entities to provide regular and up-
dated information. 
‘‘PART M—TRAINING FOR REALTIME WRITERS 
‘‘SEC. 882. PROGRAM TO PROMOTE TRAINING AND JOB 
PLACEMENT OF REALTIME WRITERS. 
‘‘(a) AUTHORIZATION OF GRANT PROGRAM.— 
‘‘(1) 
IN
GENERAL.—From 
the 
amounts 
appropriateed to carry out this part under section 
800, the Secretary of Commerce shall make competi-
tive grants to eligible entities under subsection (b) to 
promote training and placement of individuals, in-
cluding individuals who have completed a court re-
porting training program, as realtime writers in 
order to meet the requirements for closed captioning 
of video programming set forth in section 713 of the 
Communications Act of 1934 (47 U.S.C. 613) and 
the rules prescribed thereunder. 
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620 
‘‘(2) ELIGIBLE ENTITIES.—For purposes of this 
part, an eligible entity is a court reporting program 
that— 
‘‘(A) can document and demonstrate to the 
Secretary of Commerce that it meets minimum 
standards of educational and financial account-
ability, with a curriculum capable of training 
realtime writers qualified to provide captioning 
services; 
‘‘(B) is accredited by an accrediting agency 
recognized by the Department of Education; 
and 
‘‘(C) is participating in student aid pro-
grams under title IV. 
‘‘(3) PRIORITY
IN
GRANTS.—In determining 
whether to make grants under this section, the Sec-
retary of Commerce shall give a priority to eligible 
entities that, as determined by the Secretary— 
‘‘(A) possess the most substantial capa-
bility to increase their capacity to train realtime 
writers; 
‘‘(B) demonstrate the most promising col-
laboration with local educational institutions, 
businesses, labor organizations, or other com-
munity groups having the potential to train or 
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621 
provide job placement assistance to realtime 
writers; or 
‘‘(C) propose the most promising and inno-
vative approaches for initiating or expanding 
training or job placement assistance efforts 
with respect to realtime writers. 
‘‘(4) DURATION
OF
GRANT.—A grant under 
this section shall be for a period of 2 years. 
‘‘(5) MAXIMUM
AMOUNT
OF
GRANT.—The 
amount of a grant provided under subsection (a) to 
an entity eligible may not exceed $1,500,000 for the 
2-year period of the grant under paragraph (4). 
‘‘(b) APPLICATION.— 
‘‘(1) IN GENERAL.—To receive a grant under 
subsection (a), an eligible entity shall submit an ap-
plication to the Secretary of Commerce at such time 
and in such manner as the secretary may require. 
The application shall contain the information set 
forth under paragraph (2). 
‘‘(2) INFORMATION.—Information in the appli-
cation of an eligible entity under subsection (a) for 
a grant under subsection (a) shall include the fol-
lowing: 
‘‘(A) A description of the training and as-
sistance to be funded using the grant amount, 
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622 
including how such training and assistance will 
increase the number of realtime writers. 
‘‘(B) A description of performance meas-
ures to be utilized to evaluate the progress of 
individuals receiving such training and assist-
ance in matters relating to enrollment, comple-
tion of training, and job placement and reten-
tion. 
‘‘(C) A description of the manner in which 
the eligible entity will ensure that recipients of 
scholarships, if any, funded by the grant will be 
employed and retained as realtime writers. 
‘‘(D) A description of the manner in which 
the eligible entity intends to continue providing 
the training and assistance to be funded by the 
grant after the end of the grant period, includ-
ing any partnerships or arrangements estab-
lished for that purpose. 
‘‘(E) A description of how the eligible enti-
ty will work with local workforce investment 
boards to ensure that training and assistance to 
be funded with the grant will further local 
workforce goals, including the creation of edu-
cational opportunities for individuals who are 
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623 
from economically disadvantaged backgrounds 
or are displaced workers. 
‘‘(F) Additional information, if any, of the 
eligibility of the eligible entity for priority in the 
making of grants under subsection (a)(3). 
‘‘(G) Such other information as the Sec-
retary may require. 
‘‘(c) USE OF FUNDS.— 
‘‘(1) IN GENERAL.—An eligible entity receiving 
a grant under subsection (a) shall use the grant 
amount for purposes relating to the recruitment, 
training and assistance, and job placement of indi-
viduals, including individuals who have completed a 
court reporting training program, as realtime writ-
ers, including— 
‘‘(A) recruitment; 
‘‘(B) subject to paragraph (2), the provi-
sion of scholarships; 
‘‘(C) distance learning; 
‘‘(D) further developing and implementing 
both English and Spanish curriculum to more 
effectively train realtime writing skills, and edu-
cation in the knowledge necessary for the deliv-
ery of high-quality closed captioning services; 
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624 
‘‘(E) mentoring students to ensure success-
ful completion of the realtime training and pro-
vide assistance in job placement; 
‘‘(F) encouraging individuals with disabil-
ities to pursue a career in realtime writing; and 
‘‘(G) the employment and payment of per-
sonnel for all such purposes. 
‘‘(2) SCHOLARSHIPS.— 
‘‘(A) AMOUNT.—The amount of a scholar-
ship under paragraph (1)(B) shall be based on 
the amount of need of the recipient of the 
scholarship for financial assistance, as deter-
mined in accordance with part F of title IV. 
‘‘(B) AGREEMENT.—Each recipient of a 
scholarship under paragraph (1)(B) shall enter 
into an agreement with the school in which the 
recipient is enrolled to provide realtime writing 
services for a period of time appropriate (as de-
termined by the Secretary of Commerce or the 
Secretary’s designee) for the amount of the 
scholarship received. 
‘‘(C) COURSEWORK AND EMPLOYMENT.— 
The Secretary of Commerce or the Secretary’s 
designee 
shall 
establish 
requirements 
for 
coursework and employment for recipients of 
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625 
scholarships under paragraph (1)(B), including 
requirements for repayment of scholarship 
amounts in the event of failure to meet such re-
quirements for coursework and employment. 
Requirements for repayment of scholarship 
amounts shall take into account the effect of 
economic conditions on the capacity of scholar-
ship recipients to find work as realtime writers. 
‘‘(3) ADMINISTRATIVE COSTS.—The recipient of 
a grant under section 3 may not use more than 5 
percent of the grant amount to pay administrative 
costs associated with activities funded by the grant. 
The Secretary shall use not more than 5 percent of 
the amount available for grants under this part in 
any fiscal year for administrative costs of the pro-
gram. 
‘‘(4) SUPPLEMENT
NOT
SUPPLANT.—Grants 
amounts under this part shall supplement and not 
supplant other Federal or non-Federal funds of the 
grant recipient for purposes of promoting the train-
ing and placement of individuals as realtime writers. 
‘‘(d) REPORTS.— 
‘‘(1) ANNUAL REPORTS.—Each eligible entity 
receiving a grant under subsection (a) shall submit 
to the Secretary of Commerce, at the end of each 
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626 
year of the grant period, a report on the activities 
of such entity with respect to the use of grant 
amounts during such year. 
‘‘(2) REPORT INFORMATION.— 
‘‘(A) IN GENERAL.—Each report of an en-
tity for a year under paragraph (1) shall in-
clude a description of the use of grant amounts 
by the entity during such year, including an as-
sessment by the entity of the effectiveness of 
activities carried out using such funds in in-
creasing the number of realtime writers. The 
assessment shall utilize the performance meas-
ures submitted by the entity in the application 
for the grant under subsection (b)(2). 
‘‘(B) FINAL REPORT.—The final report of 
an entity on a grant under paragraph (1) shall 
include a description of the best practices iden-
tified by the entity as a result of the grant for 
increasing the number of individuals who are 
trained, employed, and retained in employment 
as realtime writers. 
‘‘(3) ANNUAL REVIEW.—The Inspector General 
of the Department of Commerce shall conduct an 
annual review of the management, efficiency, and ef-
fectiveness of the grants made under this part. 
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627 
‘‘PART N—CENTERS OF EXCELLENCE IN 
VETERAN STUDENT SUCCESS 
‘‘SEC. 883. MODEL PROGRAMS FOR CENTERS OF EXCEL-
LENCE IN VETERAN STUDENT SUCCESS. 
‘‘(a) PURPOSE.—It is the purpose of this section to 
encourage model programs to support veteran student suc-
cess in postsecondary education by coordinating services 
to address the academic, financial, physical, and social 
needs of veteran students. 
‘‘(b) GRANTS AUTHORIZED.— 
‘‘(1) IN GENERAL.—Subject to the availability 
of appropriations under section 800, the Secretary 
shall award grants to institutions of higher edu-
cation to develop model programs to support veteran 
student success in postsecondary education. 
‘‘(2) GRANT PERIOD.—A grant awarded under 
this section shall be awarded for a period of 3 years. 
‘‘(c) USE OF GRANTS.— 
‘‘(1) REQUIRED ACTIVITIES.—An institution of 
higher education receiving a grant under this section 
shall use such grant to carry out a model program 
that includes— 
‘‘(A) establishing of a Center for Excel-
lence for Veterans on the campus of the institu-
tion to provide a single point of contact to co-
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628 
ordinate comprehensive support services for vet-
eran students; 
‘‘(B) establishing a veteran students sup-
port team, including representatives from the 
offices of the institution responsible for admis-
sions, registration, financial aid, veterans bene-
fits, academic advising, student health, personal 
or mental health counseling, career advising, 
disabilities services, and any other office of the 
institution that provides support to veteran stu-
dents on campus; 
‘‘(C) providing a full-time or part-time co-
ordinator whose primary responsibility is to co-
ordinate the model program carried out under 
this section; 
‘‘(D) monitoring the rates of veteran stu-
dent enrollment, persistence, and completion; 
and 
‘‘(E) developing a plan to sustain the Cen-
ter of Excellence for Veteran Student Success 
after the grant period. 
‘‘(2) OTHER AUTHORIZED ACTIVITIES.—An in-
stitution of higher education receiving a grant under 
this section may use such grant to carry out any of 
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629 
the following activities with respect to veteran stu-
dents: 
‘‘(A) Outreach and recruitment of such 
students. 
‘‘(B) Supportive instructional services for 
such students, which may include— 
‘‘(i) personal, academic, and career 
counseling, as an on-going part of the pro-
gram; 
‘‘(ii) tutoring and academic skill-build-
ing instruction assistance, as needed; and 
‘‘(iii) assistance with special admis-
sions and transfer of credit from previous 
postsecondary education or experience. 
‘‘(C) Assistance in obtaining student finan-
cial aid. 
‘‘(D) Housing support for students living 
in institutional facilities and commuting stu-
dents. 
‘‘(E) Cultural events, academic programs, 
orientation programs, and other activities de-
signed to ease the transition to campus life for 
such students. 
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631 
‘‘(i) an equitable distribution of such 
grants to institutions of higher education 
of various types and sizes; 
‘‘(ii) an equitable geographic distribu-
tion of such grants; and 
‘‘(iii) an equitable distribution of such 
grants among rural and urban areas. 
‘‘(e) EVALUATION AND ACCOUNTABILITY PLAN.— 
The Secretary shall develop an evaluation and account-
ability plan for model programs funded under this section 
to objectively measure the impact of such programs, in-
cluding a measure of whether postsecondary education en-
rollment, persistence, and completion for veterans in-
creases as a result of such programs. 
‘‘PART O—UNIVERSITY SUSTAINABILITY 
PROGRAMS 
‘‘Subpart 1—Sustainability Planning Grants 
‘‘SEC. 884. GRANTS AUTHORIZED. 
‘‘(a) PROGRAM AUTHORIZED.— 
‘‘(1) IN GENERAL.—From the amounts appro-
priated to carry out this part under section 800, the 
Secretary shall, make grants to eligible entities to 
establish sustainability programs to design and im-
plement sustainability practices including in the 
areas of energy management, green building, waste 
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632 
management, purchasing, transportation, and toxics 
management, and other aspects of sustainability 
that integrate campus operations with multidisci-
plinary academic programs and are applicable to the 
private and government sectors. 
‘‘(2) PERIOD OF GRANT.—The provision of pay-
ments under a grant under paragraph (1) may ex-
tend over a period of not more than 4 fiscal years. 
‘‘(3) DEFINITION OF ELIGIBLE ENTITIES.—For 
purposes of this part, the term ‘eligible entity’ 
means— 
‘‘(A) an institution of higher education 
that grants 2 or 4-year undergraduate degrees, 
or masters and doctoral degrees, or both; or 
‘‘(B) a non-profit consortia, association, al-
liance, or collaboration operating in partnership 
with one or more institutions of higher edu-
cation that received funds for the implementa-
tion of work associated with sustainability pro-
grams under this part. 
‘‘(b) APPLICATIONS.— 
‘‘(1) IN GENERAL.—To receive a grant under 
subsection (a)(1), an eligible entity shall submit an 
application to the Secretary at such time, in such 
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633 
form, and containing such information as the Sec-
retary may reasonably require. 
‘‘(2) ASSURANCES.—Such application shall in-
clude assurances that the eligible entity— 
‘‘(A) has developed or shall develop a plan, 
including an evaluation component, for the pro-
gram component established pursuant to sub-
section (c); 
‘‘(B) shall use Federal funds received from 
a grant under subsection (a)(1) to supplement, 
not supplant, non-Federal funds that would 
otherwise be available for projects funded under 
such section; 
‘‘(C) shall provide, with respect to any fis-
cal year in which such entity receives funds 
from a grant under subsection (a)(1), non-Fed-
eral funds or an in-kind contribution in an 
amount equal to 20 percent of funds from such 
grant, for the purpose of carrying out the pro-
gram component established in subsection (c); 
and 
‘‘(D) shall collaborate with business, gov-
ernment, and the nonprofit sectors in the devel-
opment and implementation of its sustainability 
plan. 
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634 
‘‘(c) USE OF FUNDS.— 
‘‘(1) INDIVIDUAL INSTITUTIONS.—Grants made 
under subsection (a) may be used by an eligible enti-
ty that is an individual institution of higher edu-
cation for the following purposes: 
‘‘(A) To develop and implement adminis-
trative and operations practices at institutions 
of higher education that test, model, and ana-
lyze principles of sustainability. 
‘‘(B) To establish multidisciplinary edu-
cation, research, and outreach programs at in-
stitutions of higher education that address the 
environmental, social, and economic dimensions 
of sustainability. 
‘‘(C) To support research and teaching ini-
tiatives that focus on multidisciplinary and inte-
grated environmental, economic, and social ele-
ments. 
‘‘(D) To establish initiatives in the areas of 
energy management, green building, waste 
management, purchasing, toxics management, 
transportation, and other aspects of sustain-
ability. 
‘‘(E) To support student, faculty, and staff 
work at institutions of higher education to im-
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635 
plement, research, and evaluate sustainable 
practices. 
‘‘(F) To establish sustainability literacy as 
a requirement for undergraduate and graduate 
degree programs. 
‘‘(G) To integrate sustainability curriculum 
in all programs of instruction, particularly in 
business, architecture, technology, manufac-
turing, engineering, and science programs. 
‘‘(2) PARTNERSHIPS.—Grants made under sub-
section (a) may be used by an eligible entity that is 
a non-profit consortia, association, alliance, or col-
laboration operating as a partnership with one or 
more institutions of higher education for the fol-
lowing purposes: 
‘‘(A) To conduct faculty, staff and/or ad-
ministrator training on the subjects of sustain-
ability and institutional change. 
‘‘(B) To compile, evaluate and disseminate 
best practices, case studies, guidelines and 
standards. 
‘‘(C) To conduct efforts to engage external 
stakeholders such as business, alumni, and ac-
crediting agencies in the process of building 
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636 
support for research, education and technology 
development for sustainability. 
‘‘(D) To conduct professional development 
programs for faculty in all disciplines to enable 
faculty to incorporate sustainability content in 
their courses. 
‘‘(E) To enable an appropriate non-profit 
consortia, association, alliance, or collaboration 
operating in partnership with an institution of 
higher education to create the analytical tools 
necessary for institutions of higher education to 
assess and measure their individual progress to-
ward fully sustainable campus operations and 
fully integrating sustainability into the cur-
riculum. 
‘‘(F) To develop educational benchmarks 
for institutions of higher education to determine 
the necessary rigor and effectiveness of aca-
demic sustainability programs. 
‘‘(d) REPORTS.—An eligible entity that receives a 
grant under subsection (a)(1) shall submit to the Sec-
retary, for each fiscal year in which the entity receives 
amounts from such grant, a report that describes the work 
conducted pursuant to subsection (c), research findings 
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637 
and publications, administrative savings experienced, and 
an evaluation of the program. 
‘‘(e) ALLOCATION REQUIREMENT.—The Secretary 
may not make grants under subsection (a)(1) to any eligi-
ble entity in a total amount that is less than $250,000 
or more than $2,000,000. 
‘‘Subpart 2—Summit on Sustainability 
‘‘SEC. 885. SUMMIT ON SUSTAINABILITY. 
‘‘Not later than September 30, 2008, the Secretary 
of Education shall convene a summit of higher education 
experts working in the area of sustainable operations and 
programs, representatives from agencies of the Federal 
Government, and business and industry leaders to focus 
on efforts of national distinction that— 
‘‘(1) encourage faculty, staff, and students at 
institutions of higher education to establish adminis-
trative and academic sustainability programs on 
campus; 
‘‘(2) enhance research by faculty and students 
at institutions of higher education in sustainability 
practices and innovations that assist and improve 
sustainability; 
‘‘(3) encourage institutions of higher education 
to work with community partners from the business, 
government, and nonprofit sectors to design and im-
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638 
plement sustainability programs for application in 
the community and workplace; 
‘‘(4) identify opportunities for partnerships in-
volving institutions of higher education and the Fed-
eral Government to expand sustainable operations 
and academic programs focused on environmental 
and economic sustainability; and 
‘‘(5) charge the summit participants or steering 
committee to submit a set of recommendations for 
addressing sustainability through institutions of 
higher education. 
‘‘PART P—MODELING AND SIMULATION 
PROGRAMS 
‘‘SEC. 886. MODELING AND SIMULATION. 
‘‘(a) PURPOSE; DEFINITION.— 
‘‘(1) PURPOSE.—The purpose of this section is 
to promote the study of modeling and simulation at 
institutions of higher education, through the collabo-
ration with new and existing programs, and specifi-
cally to promote the use of technology in such study 
through the creation of accurate models that can 
simulate processes or recreate real life, by— 
‘‘(A) establishing a task force at the De-
partment of Education to raise awareness of 
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639 
and define the study of modeling and simula-
tion; 
‘‘(B) provide grants to institutions of high-
er education to develop new modeling and sim-
ulation degree programs; and 
‘‘(C) create grants for institutions of high-
er education to enhance existing modeling and 
simulation degree programs. 
‘‘(2) DEFINITION.—In this section, the term 
‘modeling and simulation’ means a field of study re-
lated to the application of computer science and 
mathematics to develop a level of understanding of 
the interaction of the parts of a system and of a sys-
tem as a whole. 
‘‘(b) ESTABLISHMENT OF TASKFORCE.— 
‘‘(1) IN GENERAL.—Subject to the availability 
of appropriations, the Secretary shall establish a 
taskforce within the Department of Education to 
study modeling and simulation and to support the 
development of the modeling and simulation field. 
The activities of such taskforce shall include— 
‘‘(A) helping to define the study of mod-
eling and simulation (including the content of 
modeling and simulation classes and programs); 
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640 
‘‘(B) identifying best practices for such 
study; 
‘‘(C) identifying core knowledge and skills 
that individuals who participate in modeling 
and simulation programs should aquire; and 
‘‘(D) providing recommendations to the 
Secretary with respect to— 
‘‘(i) the information described in sub-
paragraphs (A) through (C); and 
‘‘(ii) a system by which grants under 
this section will be distributed. 
‘‘(2) TASKFORCE MEMBERSHIP.—The member-
ship of the taskforce under this subsection shall be 
composed of representatives from— 
‘‘(A) institutions of higher education with 
established modeling and simulation degree pro-
grams; 
‘‘(B) the National Science Foundation; 
‘‘(C) Federal Government agencies that 
use modeling and simulation extensively, includ-
ing the Department of Defense, the National 
Institute of Health, the Department of Home-
land Security, the Department of Health and 
Human Services, the Department of Energy, 
and the Department of Transportation; 
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641 
‘‘(D) private industries with a primary 
focus on modeling and simulation; and 
‘‘(E) national modeling and simulation or-
ganizations. 
‘‘(c) ENHANCING MODELING AND SIMULATION AT 
INSTITUTIONS OF HIGHER EDUCATION.— 
‘‘(1) ENHANCEMENT GRANTS AUTHORIZED.— 
‘‘(A) IN GENERAL.—The Secretary is au-
thorized to award grants, on a competitive 
basis, to eligible institutions to enhance mod-
eling and simulation degree programs at such 
eligible institutions. 
‘‘(B) DURATION
OF
GRANT.—A grant 
awarded under this subsection shall be awarded 
for a 3-year period, and such grant period may 
be extended for not more than 2 years if the 
Secretary determines that an eligible institution 
has demonstrated success in enhancing the 
modeling and simulation degree program at 
such eligible institution. 
‘‘(C) MINIMUM GRANT AMOUNT.—Subject 
to the availability of appropriations, a grant 
awarded to an eligible institution under this 
subsection shall not be for an amount less than 
$750,000. 
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642 
‘‘(D) NON-FEDERAL SHARE.—Each eligible 
institution receiving a grant under this sub-
section shall provide, from non-Federal sources, 
in cash or in kind, an amount equal to 25 per-
cent of the amount of the grant to carry out the 
activities supported by the grant. The Secretary 
may waive the non-Federal share requirement 
under this subparagraph for an eligible institu-
tion if the Secretary determines a waiver to be 
appropriate based on the financial ability of the 
institution. 
‘‘(2) ELIGIBLE
INSTITUTIONS.—For the pur-
poses of this subsection, an eligible institution is an 
institution of higher education that— 
‘‘(A) has an established modeling and sim-
ulation degree program, including a major, 
minor, or career-track program; or 
‘‘(B) has an established modeling and sim-
ulation certifcate or concentration program. 
‘‘(3) APPLICATION.—To be considered for a 
grant under this subsection, an eligible institution 
shall submit to the Secretary an application at such 
time, in such manner, and containing such informa-
tion as the Secretary may require. Such application 
shall include— 
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643 
‘‘(A) a letter from the President or provost 
of the eligible institution that demonstrates the 
institution’s commitment to the enhancement of 
the modeling and simulation program at the in-
stitution of higher education; 
‘‘(B) identification of designated faculty 
responsible for the enhancement of the institu-
tion’s modeling and simulation program; and 
‘‘(C) a detailed plan for how the grant 
funds will be used to enhance the modeling and 
simulation program of the institution. 
‘‘(4) USES OF FUNDS.—A grant awarded under 
this subsection shall be used by an eligible institu-
tion to carry out the plan developed in accordance 
with paragraph (3)(C) to enhance modeling and sim-
ulation programs at the institution, which may in-
clude— 
‘‘(A) in the case of an institution that is el-
igible under paragraph (2)(B), activities to as-
sist in the establishment of a major, minor, or 
career-track modeling and simulation program 
at the eligible institution; 
‘‘(B) expanding the multi-disciplinary na-
ture of the institution’s modeling and simula-
tion programs; 
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644 
‘‘(C) recruiting students into the field of 
modeling and simulation through the provision 
of fellowships or assistantships; 
‘‘(D) creating new courses to compliment 
existing courses and reflect emerging develop-
ments in the modeling and simulation field; 
‘‘(E) conducting research to support new 
methodologies and techniques in modeling and 
simulation; and 
‘‘(F) purchasing equipment necessary for 
modeling and simulation programs. 
‘‘(d) ESTABLISHING MODELING
AND SIMULATION 
PROGRAMS.— 
‘‘(1) ESTABLISHMENT GRANTS AUTHORIZED.— 
‘‘(A) IN GENERAL.—The Secretary is au-
thorized to award grants to institutions of high-
er education to establish a modeling and sim-
ulation program, including a major, minor, ca-
reer-track, certificate, or concentration pro-
gram. 
‘‘(B) DURATION
OF
GRANT.—A grant 
awarded under this subsection shall be awarded 
for a 3-year period, and such grant period may 
be extended for not more than 2 years if the 
Secretary determines that an eligible institution 
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645 
has demonstrated success in establishing a 
modeling and simulation degree program at 
such eligible institution. 
‘‘(C) MINIMUM GRANT AMOUNT.—Subject 
to the availability of appropriations, a grant 
awarded to an eligible institution under this 
subsection shall not be for an amount less than 
$750,000. 
‘‘(D) NON-FEDERAL SHARE.—Each eligible 
institution receiving a grant under this sub-
section shall provide, from non-Federal sources, 
in cash or in kind, an amount equal to 25 per-
cent of the amount of the grant to carry out the 
activities supported by the grant. The Secretary 
may waive the non-Federal share requirement 
under this subparagraph for an eligible institu-
tion if the Secretary determines a waiver to be 
appropriate based on the financial ability of the 
institution. 
‘‘(2) APPLICATION.—To apply for a grant 
under this subsection, an eligible institution shall 
submit to the Secretary an application at such time, 
in such manner, and containing such information as 
the Secretary may require. Such application shall in-
clude— 
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646 
‘‘(A) a letter from the President or provost 
of the eligible institution that demonstrates the 
institution’s commitment to the establishment 
of a modeling and simulation program at the 
institution of higher education; 
‘‘(B) a detailed plan for how the grant 
funds will be used to establish a modeling and 
simulation program at the institution; and 
‘‘(C) a description of how the modeling 
and simulation program established under this 
subsection will complement existing programs 
and fit in to the institution’s current program 
and course offerings. 
‘‘(3) USES OF FUNDS.—A grant awarded under 
this subsection may be used by an eligible institution 
to— 
‘‘(A) establish, or work toward the estab-
lishment of, a modeling and simulation pro-
gram, including a major, minor, career-track, 
certificate, or concentration program at the eli-
gible institution; 
‘‘(B) provide adequate staffing to ensure 
the successful establishment of the modeling 
and simulation program, which may include the 
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647 
assignment of full-time dedicated or supportive 
faculty; and 
‘‘(C) purchasing equipment necessary for a 
modeling and simulation program. 
‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There 
is authorized to be appropriated to carry out this section 
$40,000,000 for fiscal year 2009 and such sums as may 
be necessary for each of the 4 succeeding fiscal years. Of 
the amounts authorized to be appropriated for each fiscal 
year— 
‘‘(1) $1,000,000 is authorized to carry out the 
activities of the task force established pursuant to 
subsection (b); and 
‘‘(2) of the amount remaining after the alloca-
tion for paragraph (1)— 
‘‘(A) 50 percent is authorized to carry out 
the grant program under subsection (c); and 
‘‘(B) 50 percent is authorized to carry out 
the grant program under subsection (d).’’. 
SEC. 802. SENSE OF THE CONGRESS; REPORT. 
(a) SENSE OF CONGRESS.—It is the sense of the Con-
gress that— 
(1) in order to provide the borrowers of Federal 
student loans with the option of converting their 
loans to income-contingent repayment by providing 
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648 
direct loans for the discharge of such loans (in this 
section referred to as ‘‘direct IDEA loans’’), the Sec-
retary of Education and the Secretary of the Treas-
ury will work together to develop a process by which 
the borrower will make payments on such loan using 
the income tax withholding system and will make ap-
propriate adjustments to his or her withholding or 
estimated tax payments for such purposes; 
(2) the Secretaries shall determine— 
(A) whether such a repayment option 
would be beneficial to borrowers and taxpayers; 
and 
(B) how such program would be imple-
mented by the Departments of Education and 
Treasury; and 
(3) this process would— 
(A) streamline the repayment process and 
provide greater flexibility for borrowers electing 
to use the direct IDEA loan; 
(B) significantly reduce the number of loan 
defaults by borrowers; and 
(C) significantly reduce the redundancy in 
reporting information pertaining to income-con-
tingent repayment to the Department of Edu-
cation, institutions, and applicants. 
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649 
(b) REPORT.—The Secretaries of Education and the 
Treasury shall, within one year after the date of enact-
ment of this Act— 
(1) provide the Congress with information on 
the progress in devising the direct IDEA loan with 
income-contingent repayment using the income tax 
withholding system; 
(2) inform the Congress of any necessary statu-
tory changes for the purpose of establishing a direct 
IDEA loan with income-contingent repayment using 
the income tax withholding system; and 
(3) 
consider 
international 
programs 
dem-
onstrating implementation of income-contingent re-
payment collected through revenue services, such as 
programs in England, Australia, and New Zealand. 
SEC. 803. INDEPENDENT EVALUATION OF DISTANCE EDU-
CATION PROGRAMS. 
(a) INDEPENDENT EVALUATION.—The Secretary of 
Education shall enter into an agreement with the National 
Academy of Sciences to conduct a scientifically correct and 
statistically valid evaluation of the quality of distance edu-
cation programs, as compared to campus-based education 
programs, at institutions of higher education. Such eval-
uation shall include— 
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650 
(1) identification of the elements by which the 
quality of distance education, as compared to cam-
pus-based education, can be assessed, including ele-
ments such as subject matter, interactivity, and stu-
dent outcomes; 
(2) identification of distance and campus-based 
education program success, with respect to student 
achievement, in relation to the mission of the insti-
tution of higher education; and 
(3) identification of the types of students (in-
cluding classification of types of students based on 
student age) who most benefit from distance edu-
cation programs, the types of students who most 
benefit from campus-based education programs, and 
the types of students who do not benefit from dis-
tance education programs, by assessing elements in-
cluding access to higher education, job placement 
rates, undergraduate graduation rates, and graduate 
and professional degree attainment rates. 
(b) SCOPE.—The National Academy of Sciences shall 
select for participation in the evaluation under subsection 
(a) a diverse group of institutions of higher education with 
respect to size, mission, and geographic distribution. 
(c) INTERIM AND FINAL REPORTS.—The agreement 
under subsection (a) shall require that the National Acad-
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651 
emy of Sciences submit to the authorizing committees (as 
such term is defined in section 103 of the Higher Edu-
cation Act of 1965 (20 U.S.C. 1003)— 
(1) an interim report regarding the evaluation 
under subsection (a) not later than December 31, 
2008; and 
(2) a final report regarding such evaluation not 
later than December 31, 2010. 
SEC. 804. ENCOURAGING COLLEGES AND UNIVERSITIES TO 
‘‘GO GREEN’’. 
(a) FINDINGS.—The Committee on Education and 
Labor of the House of Representatives makes the fol-
lowing findings: 
(1) A commitment to and academic programs 
for environmental and economic sustainability are 
essential for our Nation’s future prosperity. 
(2) The more than 4,200 higher education in-
stitutions in the United States have the capacity to 
innovatively leverage spending and change consump-
tion patterns by incorporating concepts of sustain-
ability into their academic programs and by mod-
eling sustainable economic and environmental prac-
tices for their communities. 
(3) Many colleges and universities have inter-
disciplinary programs or centers focusing on equip-
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652 
ping students with the academic content knowledge 
needed to understand concepts of sustainability and 
‘‘going green’’. 
(4) Many colleges and universities have pro-
grams related to the research of sustainability and 
sustainable systems. 
(5) Academic programs related to sustainability 
vary in rigor because no national education content 
standards for academic sustainability programs cur-
rently exist. 
(6) Colleges and universities may partner with 
businesses to encourage students and faculty to 
translate academic learning and research into prac-
tical solutions that promote sustainability. 
(7) Colleges and universities that make an ef-
fort to reduce energy consumption and promote envi-
ronmental sustainability not only reduce their own 
emissions, but also motivate the leaders of the next 
generation to action and create technical skills and 
resources to develop innovative solutions. 
(8) Many colleges and universities have under-
taken detailed, campus-wide assessments of their 
progress toward ‘‘going green’’ and sustainability or 
have measured their progress in specific sectors, 
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653 
such as operations, or specific parameters, such as 
recycling, energy, and water consumption. 
(9) No system that evaluates and compares col-
lege and university campuses in terms of overall sus-
tainability-related academic programs and practices 
currently exists. 
(b) SENSE OF THE COMMITTEE ON EDUCATION AND 
LABOR.—It is the sense of the Committee on Education 
and Labor that in order to encourage increased public 
awareness of the need to ‘‘go green’’ by using sustainable 
economic and environmental practices and rigorous sus-
tainability academic programs on college and university 
campuses, the following should be encouraged: 
(1) The development of educational standards 
by institutions of higher education to determine the 
necessary rigor and effectiveness of academic sus-
tainability programs. 
(2) Public awareness of the need for ‘‘going 
green’’ by using sustainable economic and environ-
mental practices. 
(3) Non-governmental efforts to improve eco-
nomic and environmental sustainability efforts on 
college and university campuses, including holding 
national summits to share best practices. 
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654 
(4) Collaborative partnerships between Federal 
agencies, businesses, universities and communities to 
broaden sustainability practices. 
SEC. 805. STUDY OF COSTS OF ENVIRONMENTAL, HEALTH, 
AND SAFETY STANDARDS. 
(a) STUDY.—The Secretary of Education shall com-
mission the National Research Council to conduct a na-
tional study to determine the viability of developing and 
implementing standards in environmental, health, and 
safety areas to provide for differential regulation of indus-
trial laboratories and facilities, on the one hand, and re-
search and teaching laboratories on the other. The Na-
tional Research Council shall make specific recommenda-
tions for statutory and regulatory changes that are needed 
to develop such a differential approach. 
(b) REPORT.—The Secretary of Education shall sub-
mit the list of those regulations that impose the greatest 
compliance costs on institutions of higher education and 
make recommendations for statutory changes to ease the 
compliance burden to the authorizing committees (as such 
term is defined in section 103 of the Higher Education 
Act of 1965 (20 U.S.C. 1003). 
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655 
SEC. 806. STUDY OF MINORITY MALE ACADEMIC ACHIEVE-
MENT. 
(a) STUDY REQUIRED.—The Secretary of Education 
shall— 
(1) commission and ensure the conduct of a na-
tional study of underrepresented minority males, 
particularly African American and Hispanic Amer-
ican males, completing high school, and entering and 
graduating from colleges and universities in accord-
ance with the following: 
(A) the data comprising the study shall 
focus primarily on African American and His-
panic American males and will utilize existing 
data sources; 
(B) the study shall focus on high school 
completion and preparation for college, success 
on the SAT and ACT, and minority male access 
to college, including the financing of college, 
and college persistence and graduation; and 
(C) the implementation of the study shall 
be in four stages based on the recommendations 
of the Commissioner of Education Statistics; 
and 
(2) make specific recommendations to the Con-
gress and State superintendents of education on new 
approaches to increase— 
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656 
(A) the number of minority males success-
fully preparing themselves for college study; 
(B) the number of minority males grad-
uating from high school and entering college; 
and 
(C) the number of minority males grad-
uating from college and entering careers in 
which they are underrepresented. 
(b) SUBMISSION OF THE REPORT.—Not later than 
4 years after the date of enactment of this section, the 
Secretary shall submit a report on the study required by 
subsection (a)(1), together with the recommendations re-
quired by subsection (a)(2), to the Committee on Health, 
Education, Labor, and Pensions of the Senate and the 
Committee on Education and the Labor of the House of 
Representatives. 
SEC. 807. STUDY ON BIAS IN STANDARDIZED TESTS. 
(a) STUDY.—The Secretary shall enter into a con-
tract with the National Academy of Sciences to conduct 
a study to identify any race, ethnicity, and gender biases 
present in the design of standardized tests that are used 
for admission to institutions of higher education. 
(b) DATA AVAILABLE TO THE PUBLIC.—Any data 
collected and used for the study under subsection (a) shall 
be made publicly available, except that such data shall not 
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657 
be made available in any manner that reveals personally 
identifiable information relating to any individual. 
(c) REPORT.—Not later than one year after date of 
the enactment of this Act, the National Academy of 
Sciences shall issue an interim report to the authorizing 
committees (as defined in section 103 of the Higher Edu-
cation Act of 1965 (20 U.S.C. 1003) related to the 
progress of the study under subsection (a). 
SEC. 808. FEASIBILITY STUDY ON STUDENT LOANS. 
(a) STUDY REQUIRED.—The Congressional Budget 
Office shall conduct a study on the feasibility of allowing 
borrowers in repayment of student loans made under the 
Higher Education Act of 1965 the option of selecting or 
renegotiating a fixed or variable interest rate on their 
loans and the repayment period of such loans. The study 
shall evaluate various scenarios and options and take into 
consideration the costs to the government, lenders and 
borrowers of allowing such an option as well as the impact 
on service quality. 
(b) REPORT.—The Congressional Budget Office shall 
submit a report on the study required by this section to 
the authorizing committees (as defined in section 103 of 
the Higher Education Act of 1965 (20 U.S.C. 1003) not 
later than one year after the date of the enactment of this 
Act. 
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658 
SEC. 809. ENDOWMENT REPORT. 
(a) ANALYSIS OF ENDOWMENTS.—The Secretary of 
Education shall conduct a study on the amounts, uses, and 
public purposes of the endowments of institutions of high-
er education. The study shall include information 
(disaggregated by types of institution) describing— 
(1) the average and range of— 
(A) the outstanding balance of such en-
dowments; 
(B) the growth of such endowments over 
the last 10 years; and 
(C) the percentage of spending on an an-
nual basis and, to the extent practicable, the 
uses of such endowments by the institutions; 
and 
(2) the extent to which the funds in such en-
dowments are restricted, and the restrictions placed 
upon such funds. 
(b) SUBMISSION OF REPORT.—The Secrtary shall 
submit the report required by subsection (a) to the author-
izing committees (as such term is defined in section 103 
of the Higher Education Act of 1965 (20 U.S.C. 1003)) 
not later than one year after the date of enactment of this 
Act. 
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659 
TITLE IX—AMENDMENTS TO 
OTHER LAWS 
PART A—EDUCATION OF THE DEAF ACT OF 1986 
SEC. 901. LAURENT CLERC NATIONAL DEAF EDUCATION 
CENTER. 
Section 104 of the Education of the Deaf Act of 1986 
(20 U.S.C. 4304) is amended— 
(1) by striking the section heading and insert-
ing ‘‘LAURENT
CLERC
NATIONAL
DEAF
EDU-
CATION CENTER’’; 
(2) in subsection (a)(1)(A), by inserting ‘‘the 
Laurent Clerc National Deaf Education Center (re-
ferred to in this section as the ‘Clerc Center’) to 
carry out’’ after ‘‘maintain and operate’’; and 
(3) in subsection (b)— 
(A) in the matter preceding subparagraph 
(A) of paragraph (1), by striking ‘‘elementary 
and secondary education programs’’ and insert-
ing ‘‘Clerc Center’’; 
(B) in paragraph (2), by striking ‘‘elemen-
tary and secondary education programs’’ and 
inserting ‘‘Clerc Center’’; 
(C) in paragraph (4)(C)— 
(i) in clause (i), by striking ‘‘(6)’’ and 
inserting ‘‘(8)’’; and 
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660 
(ii) in clause (vi), by striking ‘‘(m)’’ 
and inserting ‘‘(o)’’; and 
(D) by adding at the end the following: 
‘‘(5) The University, for purposes of the elementary 
and secondary education programs carried out at the Clerc 
Center, shall— 
‘‘(A)(i)(I) select challenging academic content 
standards, challenging student academic achieve-
ment standards, and academic assessments of a 
State, adopted and implemented, as appropriate, 
pursuant to paragraphs (1) and (3) of section 
1111(b) of the Elementary and Secondary Edu-
cation Act of 1965 (20 U.S.C. 6311(b)(1) and (3)) 
and approved by the Secretary; or 
‘‘(II) develop such standards and assessments 
subject to the approval of the Secretary; and 
‘‘(ii) implement such standards and assess-
ments for such programs by not later than the be-
ginning of the 2009–2010 academic year; 
‘‘(B) annually determine whether such pro-
grams at the Clerc Center are making adequate 
yearly progress, as determined according to the defi-
nition of adequate yearly progress defined (pursuant 
to section 1111(b)(2)(C) of such Act (20 U.S.C. 
6311(b)(2)(C))) by— 
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672 
‘‘(A) a member of an Indian tribe; or 
‘‘(B) a biological child of a member of an 
Indian tribe, living or deceased;’’. 
(c) CONTINUING EDUCATION.—Section 2(b) of the 
Tribally Controlled College or University Assistance Act 
of 1978 (25 U.S.C. 1801(b)) is amended— 
(1) in the matter preceding paragraph (1), by 
striking ‘‘paragraph (7) of subsection (a)’’ and in-
serting ‘‘subsection (a)(8)’’; 
(2) by striking paragraph (5) and inserting the 
following: 
‘‘(5) DETERMINATION
OF
CREDITS.—Eligible 
credits earned in a continuing education program— 
‘‘(A) shall be determined as 1 credit for 
every 10 contact hours in the case of an institu-
tion on a quarter system, or 15 contact hours 
in the case of an institution on a semester sys-
tem, of participation in an organized continuing 
education experience under responsible sponsor-
ship, capable direction, and qualified instruc-
tion, as described in the criteria established by 
the International Association for Continuing 
Education and Training; and 
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673 
‘‘(B) shall be limited to 10 percent of the 
Indian student count of a tribally controlled col-
lege or university.’’; and 
(3) by striking paragraph (6). 
(d) ACCREDITATION REQUIREMENT.—Section 103 of 
the Tribally Controlled College or University Assistance 
Act of 1978 (25 U.S.C. 1804) is amended— 
(1) in paragraph (2), by striking ‘‘and’’ at the 
end; 
(2) in paragraph (3), by striking the period at 
the end and inserting ‘‘; and’’; and 
(3) by inserting after paragraph (3), the fol-
lowing: 
‘‘(4)(A) is accredited by a nationally recognized 
accrediting agency or association determined by the 
Secretary of Education to be a reliable authority 
with regard to the quality of training offered; or 
‘‘(B) according to such an agency or associa-
tion, is making reasonable progress toward accredi-
tation.’’. 
(e) TECHNICAL ASSISTANCE CONTRACTS.—Section 
105 of the Tribally Controlled College or University As-
sistance Act of 1978 (25 U.S.C. 1805) is amended— 
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674 
(1) by striking the section designation and 
heading and all that follows through ‘‘The Secretary 
shall’’ and inserting the following: 
‘‘SEC. 105. TECHNICAL ASSISTANCE CONTRACTS. 
‘‘(a) TECHNICAL ASSISTANCE.— 
‘‘(1) IN GENERAL.—The Secretary shall’’; 
(2) in the second sentence, by striking ‘‘In the 
awarding of contracts for technical assistance, pref-
erence shall be given’’ and inserting the following: 
‘‘(2) DESIGNATED
ORGANIZATION.—The Sec-
retary shall require that a contract for technical as-
sistance under paragraph (1) shall be awarded’’; and 
(3) in the third sentence, by striking ‘‘No au-
thority’’ and inserting the following: 
‘‘(b) EFFECT OF SECTION.—No authority’’. 
(f) AMOUNT
OF GRANTS.—Section 108(a) of the 
Tribally Controlled College or University Assistance Act 
of 1978 (25 U.S.C. 1808(a)) is amended— 
(1) by redesignating paragraphs (1) and (2) as 
subparagraphs (A) and (B), respectively, and indent-
ing the subparagraphs appropriately; 
(2) by striking ‘‘(a) Except as provided in sec-
tion 111,’’ and inserting the following: 
‘‘(a) REQUIREMENT.— 
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675 
‘‘(1) IN GENERAL.—Except as provided in para-
graph (2) and section 111,’’; 
(3) in paragraph (1) (as redesignated by para-
graphs (1) and (2))— 
(A) in the matter preceding subparagraph 
(A) (as redesignated by paragraph (1))— 
(i) by striking ‘‘him’’ and inserting 
‘‘the Secretary’’; and 
(ii) by striking ‘‘product of’’ and in-
serting ‘‘product obtained by multiplying’’; 
(B) in subparagraph (A) (as redesignated 
by paragraph (1)), by striking ‘‘section 2(a)(7)’’ 
and inserting ‘‘section 2(a)(8)’’; and 
(C) in subparagraph (B) (as redesignated 
by paragraph (1)), by striking ‘‘$6,000,’’ and 
inserting ‘‘$8,000, as adjusted annually for in-
flation.’’; and 
(4) by striking ‘‘except that no grant shall ex-
ceed the total cost of the education program pro-
vided by such college or university.’’ and inserting 
the following: 
‘‘(2) EXCEPTION.—The amount of a grant 
under paragraph (1) shall not exceed an amount 
equal to the total cost of the education program pro-
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676 
vided by the applicable tribally controlled college or 
university.’’. 
(g) GENERAL PROVISIONS REAUTHORIZATION.—Sec-
tion 110(a) of the Tribally Controlled College or Univer-
sity Assistance Act of 1978 (25 U.S.C. 1810(a)) is amend-
ed— 
(1) in paragraphs (1), (2), (3), and (4), by 
striking ‘‘1999’’ and inserting ‘‘2008’’; 
(2) in paragraphs (1), (2), and (3), by striking 
‘‘4 succeeding’’ and inserting ‘‘5 succeeding’’; 
(3) 
in 
paragraph 
(2), 
by 
striking 
‘‘$40,000,000’’ and inserting ‘‘such sums as may be 
necessary’’; 
(4) 
in 
paragraph 
(3), 
by 
striking 
‘‘$10,000,000’’ and inserting ‘‘such sums as may be 
necessary’’; and 
(5) in paragraph (4), by striking ‘‘succeeding 
4’’ and inserting ‘‘5 succeeding’’. 
(h) ENDOWMENT PROGRAM REAUTHORIZATION.— 
Section 306(a) of the Tribally Controlled College or Uni-
versity Assistance Act of 1978 (25 U.S.C. 1836(a)) is 
amended— 
(1) by striking ‘‘1999’’ and inserting ‘‘2008’’; 
and 
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677 
(2) by striking ‘‘4 succeeding’’ and inserting ‘‘5 
succeeding’’. 
(i) TRIBAL ECONOMIC DEVELOPMENT REAUTHOR-
IZATION.—Section 403 of the Tribal Economic Develop-
ment and Technology Related Education Assistance Act 
of 1990 (25 U.S.C. 1852) is amended— 
(1) by striking ‘‘$2,000,000 for fiscal year 
1999’’ and inserting ‘‘such sums as may be nec-
essary for fiscal year 2008’’; and 
(2) by striking ‘‘4 succeeding’’ and inserting ‘‘5 
succeeding’’. 
(j) TRIBALLY CONTROLLED POSTSECONDARY CA-
REER AND TECHNICAL INSTITUTIONS.— 
(1) IN GENERAL.—The Tribally Controlled Col-
lege or University Assistance Act of 1978 (25 U.S.C. 
1801 et seq.) is amended by adding at the end the 
following: 
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678 
‘‘TITLE 
V—TRIBALLY 
CON-
TROLLED 
POSTSECONDARY 
CAREER AND TECHNICAL IN-
STITUTIONS 
‘‘SEC. 501. DEFINITION OF TRIBALLY CONTROLLED POST-
SECONDARY CAREER AND TECHNICAL INSTI-
TUTION. 
‘‘In this title, the term ‘tribally controlled postsec-
ondary career and technical institution’ has the meaning 
given the term in section 3 of the Carl D. Perkins Career 
and Technical Education Act of 2006 (20 U.S.C. 2302). 
‘‘SEC. 502. TRIBALLY CONTROLLED POSTSECONDARY CA-
REER AND TECHNICAL INSTITUTIONS PRO-
GRAM. 
‘‘(a) IN GENERAL.—Subject to the availability of ap-
propriations, for fiscal year 2008 and each fiscal year 
thereafter, the Secretary shall— 
‘‘(1) subject to subsection (b), select 2 tribally 
controlled postsecondary career and technical insti-
tutions to receive assistance under this title; and 
‘‘(2) provide funding to the selected tribally 
controlled postsecondary career and technical insti-
tutions to pay the costs (including institutional sup-
port costs) of operating postsecondary career and 
technical education programs for Indian students at 
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681 
tion 117(h) of the Carl D. Perkins Career and 
Technical Education Act of 2006 (20 U.S.C. 
2327(h)) of such institutions for the prior aca-
demic year; and 
‘‘(B) multiplying the quotient described in 
subparagraph (A) by the Indian student count 
of each such institution for the prior academic 
year. 
‘‘SEC. 503. APPLICABILITY OF OTHER LAWS. 
‘‘(a) IN GENERAL.—Paragraphs (4) and (7) of sub-
section (a), and subsection (b), of section 2, sections 105, 
108, 111, 112 and 113, and titles II, III, and IV shall 
not apply to this title. 
‘‘(b) INDIAN
SELF-DETERMINATION
AND
EDU-
CATION ASSISTANCE.—Funds made available pursuant to 
this title shall be subject to the Indian Self-Determination 
and Education Assistance Act (25 U.S.C. 450 et seq.). 
‘‘(c) ELECTION TO RECEIVE.—A tribally controlled 
postsecondary career and technical institution selected for 
a fiscal year under section 502(b) may elect to receive 
funds pursuant to section 502 in accordance with an 
agreement between the tribally controlled postsecondary 
career and technical institution and the Secretary under 
the Indian Self-Determination and Education Assistance 
Act (25 U.S.C. 450 et seq.) if the agreement is in exist-
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682 
ence on the date of enactment of the College Opportunity 
and Affordability Act of 2007. 
‘‘(d) OTHER ASSISTANCE.—Eligibility for, or receipt 
of, assistance under this title shall not preclude the eligi-
bility of a tribally controlled postsecondary career and 
technical institutions to receive Federal financial assist-
ance under— 
‘‘(1) any program under the Higher Education 
Act of 1965 (20 U.S.C. 1001 et seq.); 
‘‘(2) any program under the Carl D. Perkins 
Career and Technical Education Act of 2006; or 
‘‘(3) any other applicable program under which 
a benefit is provided for— 
‘‘(A) institutions of higher education; 
‘‘(B) community colleges; or 
‘‘(C) postsecondary educational institu-
tions. 
‘‘SEC. 504. AUTHORIZATION OF APPROPRIATIONS. 
‘‘There are authorized to be appropriated such sums 
as are necessary for fiscal year 2008 and each fiscal year 
thereafter to carry out this title.’’. 
(2) CONFORMING AMENDMENTS.—Section 117 
of the Carl D. Perkins Career and Technical Edu-
cation Act of 2006 (20 U.S.C. 2327) is amended— 
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683 
(A) by striking subsection (a) and insert-
ing the following: 
‘‘(a) GRANT PROGRAM.—Subject to the availability of 
appropriations, the Secretary shall make grants under this 
section, to provide basic support for the education and 
training of Indian students, to tribally controlled postsec-
ondary career and technical institutions that are not re-
ceiving Federal assistance as of the date on which the 
grant is provided under— 
‘‘(1) title I of the Tribally Controlled College or 
University Assistance Act of 1978 (25 U.S.C. 1802 
et seq.); or 
‘‘(2) the Navajo Community College Act (25 
U.S.C. 640a et seq.).’’; and 
(B) by striking subsection (d) and insert-
ing the following: 
‘‘(d) APPLICATIONS.—To be eligible to receive a 
grant under this section, a tribally controlled postsec-
ondary career and technical institution that is not receiv-
ing Federal assistance under title I of the Tribally Con-
trolled College or University Assistance Act (25 U.S.C. 
1802 et seq.) or the Navajo Community College Act (25 
U.S.C. 640a et seq.) shall submit to the Secretary an ap-
plication at such time, in such manner, and containing 
such information as the Secretary may require.’’. 
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684 
(k) SHORT TITLE.— 
(1) IN GENERAL.—The first section of the Trib-
ally Controlled College or University Assistance Act 
of 1978 (25 U.S.C. 1801 note; Public Law 95–471) 
is amended to read as follows: 
‘‘SECTION 1. SHORT TITLE. 
‘‘This Act may be cited as the ‘Tribally Controlled 
Colleges and Universities Assistance Act of 1978’.’’. 
(2) REFERENCES.—Any reference in law (in-
cluding regulations) to the Tribally Controlled Col-
lege or University Assistance Act of 1978 shall be 
considered to be a reference to the ‘‘Tribally Con-
trolled Colleges and Universities Assistance Act of 
1978’’. 
Subpart 2—Navajo Higher Education 
SEC. 931. REAUTHORIZATION OF NAVAJO COMMUNITY COL-
LEGE ACT. 
(a) PURPOSE.—Section 2 of the Navajo Community 
College Act (25 U.S.C. 640a) is amended— 
(1) by striking ‘‘Navajo Tribe of Indians’’ and 
inserting ‘‘Navajo Nation’’; and 
(2) by striking ‘‘the Navajo Community Col-
lege’’ and inserting ‘‘Dine´ College’’. 
(b) GRANTS.—Section 3 of the Navajo Community 
College Act (25 U.S.C. 640b) is amended— 
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685 
(1) in the first sentence— 
(A) by inserting ‘‘the’’ before ‘‘Interior’’; 
(B) by striking ‘‘Navajo Tribe of Indians’’ 
and inserting ‘‘Navajo Nation’’; and 
(C) by striking ‘‘the Navajo Community 
College’’ and inserting ‘‘Dine´ College’’; and 
(2) in the second sentence— 
(A) by striking ‘‘Navajo Tribe’’ and insert-
ing ‘‘Navajo Nation’’; and 
(B) by striking ‘‘Navajo Indians’’ and in-
serting ‘‘Navajo people’’. 
(c) STUDY OF FACILITIES NEEDS.—Section 4 of the 
Navajo Community College Act (25 U.S.C. 640c) is 
amended— 
(1) in subsection (a)— 
(A) in the first sentence— 
(i) by striking ‘‘the Navajo Commu-
nity College’’ and inserting ‘‘Dine College’’; 
and 
(ii) by striking ‘‘August 1, 1979’’ and 
inserting ‘‘October 31, 2010’’; and 
(B) in the second sentence, by striking 
‘‘Navajo Tribe’’ and inserting ‘‘Navajo Nation’’; 
(2) in subsection (b), by striking ‘‘the date of 
enactment of the Tribally Controlled Community 
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686 
College Assistance Act of 1978’’ and inserting ‘‘Oc-
tober 1, 2007’’; and 
(3) in subsection (c), in the first sentence, by 
striking ‘‘the Navajo Community College’’ and in-
serting ‘‘Dine´ College’’. 
(d) AUTHORIZATION OF APPROPRIATIONS.—Section 
5 of the Navajo Community College Act (25 U.S.C. 640c– 
1) is amended— 
(1) in subsection (a)— 
(A) 
in 
paragraph 
(1), 
by 
striking 
‘‘$2,000,000’’ and all that follows through the 
end of the paragraph and inserting ‘‘such sums 
as are necessary for fiscal years 2008 through 
2013.’’; and 
(B) by adding at the end the following: 
‘‘(3) Sums described in paragraph (2) shall be used 
to provide grants for construction activities, including the 
construction of buildings, water and sewer facilities, roads, 
information technology and telecommunications infra-
structure, classrooms, and external structures (such as 
walkways).’’; 
(2) in subsection (b)(1)— 
(A) in the matter preceding subparagraph 
(A)— 
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687 
(i) by striking ‘‘the Navajo Commu-
nity College’’ and inserting ‘‘Dine´ College’’; 
and 
(ii) by striking ‘‘, for each fiscal year’’ 
and all that follows through ‘‘for—’’ and 
inserting ‘‘such sums as are necessary for 
fiscal years 2008 through 2013 to pay the 
cost of—’’; 
(B) in subparagraph (A)— 
(i) by striking ‘‘college’’ and inserting 
‘‘College’’; 
(ii) in clauses (i) and (iii), by striking 
the commas at the ends of the clauses and 
inserting semicolons; and 
(iii) in clause (ii), by striking ‘‘, and’’ 
at the end and inserting ‘‘; and’’; 
(C) in subparagraph (B), by striking the 
comma at the end and inserting a semicolon; 
(D) in subparagraph (C), by striking ‘‘, 
and’’ at the end and inserting a semicolon; 
(E) in subparagraph (D), by striking the 
period at the end and inserting ‘‘; and’’; and 
(F) by adding at the end the following: 
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688 
‘‘(E) improving and expanding the College, 
including by providing, for the Navajo people 
and others in the community of the College— 
‘‘(i) higher education programs; 
‘‘(ii) career and technical education; 
‘‘(iii) activities relating to the preser-
vation and protection of the Navajo lan-
guage, philosophy, and culture; 
‘‘(iv) employment and training oppor-
tunities; 
‘‘(v) economic development and com-
munity outreach; and 
‘‘(vi) a safe learning, working, and liv-
ing environment.’’; and 
(3) in subsection (c), by striking ‘‘the Navajo 
Community College’’ and inserting ‘‘Dine´ College’’. 
(e) EFFECT ON OTHER LAWS.—Section 6 of the 
Navajo Community College Act (25 U.S.C. 640c–2) is 
amended— 
(1) by striking ‘‘the Navajo Community Col-
lege’’ each place it appears and inserting ‘‘Dine´ Col-
lege’’; and 
(2) in subsection (b), by striking ‘‘college’’ and 
inserting ‘‘College’’. 
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689 
(f) PAYMENTS; INTEREST.—Section 7 of the Navajo 
Community College Act (25 U.S.C. 640c–3) is amended 
by striking ‘‘the Navajo Community College’’ each place 
it appears and inserting ‘‘Dine´ College’’. 
PART C—HIGHER EDUCATION AMENDMENTS OF 
1998; HIGHER EDUCATION AMENDMENTS OF 1992 
SEC. 941. GRANTS TO STATES FOR WORKPLACE AND COM-
MUNITY TRANSITION TRAINING FOR INCAR-
CERATED YOUTH OFFENDERS. 
Section 821 of the Higher Education Amendments of 
1998 (20 U.S.C. 1151) is amended to read as follows: 
‘‘SEC. 821. GRANTS TO STATES FOR IMPROVED WORKPLACE 
AND COMMUNITY TRANSITION TRAINING FOR 
INCARCERATED YOUTH OFFENDERS. 
‘‘(a) DEFINITION.—In this section, the term ‘youth 
offender’ means a male or female offender under the age 
of 35, who is incarcerated in a State prison, including a 
prerelease facility. 
‘‘(b) GRANT PROGRAM.—The Secretary of Education 
(in this section referred to as the ‘Secretary’)— 
‘‘(1) shall establish a program in accordance 
with this section to provide grants to the State cor-
rectional education agencies in the States, from allo-
cations for the States under subsection (h), to assist 
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690 
and encourage youth offenders to acquire functional 
literacy, life, and job skills, through— 
‘‘(A) the pursuit of a postsecondary edu-
cation certificate, or an associate or bachelor’s 
degree while in prison; and 
‘‘(B) employment counseling and other re-
lated services which start during incarceration 
and end not later than 1 year after release from 
confinement; and 
‘‘(2) may establish such performance objectives 
and reporting requirements for State correctional 
education agencies receiving grants under this sec-
tion as the Secretary determines are necessary to as-
sess the effectiveness of the program under this sec-
tion. 
‘‘(c) APPLICATION.—To be eligible for a grant under 
this section, a State correctional education agency shall 
submit to the Secretary a proposal for a youth offender 
program that— 
‘‘(1) identifies the scope of the problem, includ-
ing the number of youth offenders in need of post-
secondary education and vocational training; 
‘‘(2) lists the accredited public or private edu-
cational institution or institutions that will provide 
postsecondary educational services; 
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691 
‘‘(3) lists the cooperating agencies, public and 
private, or businesses that will provide related serv-
ices, such as counseling in the areas of career devel-
opment, substance abuse, health, and parenting 
skills; 
‘‘(4) describes specific performance objectives 
and evaluation methods (in addition to, and con-
sistent with, any objectives established by the Sec-
retary under subsection (b)(2)) that the State cor-
rectional education agency will use in carrying out 
its proposal, including— 
‘‘(A) specific and quantified student out-
come measures that are referenced to outcomes 
for non-program participants with similar de-
mographic characteristics; and 
‘‘(B) measures, consistent with the data 
elements and definitions described in subsection 
(d)(1)(A), of— 
‘‘(i) program completion, including an 
explicit definition of what constitutes a 
program completion within the proposal; 
‘‘(ii) knowledge and skill attainment, 
including specification of instruments that 
will measure knowledge and skill attain-
ment; 
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692 
‘‘(iii) attainment of employment both 
prior to and subsequent to release; 
‘‘(iv) success in employment indicated 
by job retention and advancement; and 
‘‘(v) recidivism, including such sub-
indicators as time before subsequent of-
fense and severity of offense; 
‘‘(5) describes how the proposed programs are 
to be integrated with existing State correctional edu-
cation programs (such as adult education, graduate 
education degree programs, and vocational training) 
and State industry programs; 
‘‘(6) describes how the proposed programs will 
have considered or will utilize technology to deliver 
the services under this section; and 
‘‘(7) describes how students will be selected so 
that only youth offenders eligible under subsection 
(e) will be enrolled in postsecondary programs. 
‘‘(d) PROGRAM REQUIREMENTS.—Each State correc-
tional education agency receiving a grant under this sec-
tion shall— 
‘‘(1) annually report to the Secretary regard-
ing— 
‘‘(A) the results of the evaluations con-
ducted using data elements and definitions pro-
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693 
vided by the Secretary for the use of State cor-
rectional education programs; 
‘‘(B) any objectives or requirements estab-
lished by the Secretary pursuant to subsection 
(b)(2); and 
‘‘(C) the additional performance objectives 
and evaluation methods contained in the pro-
posal described in subsection (c)(4) as nec-
essary to document the attainment of project 
performance objectives; and 
‘‘(2) provide to each State for each student eli-
gible under subsection (e) not more than— 
‘‘(A) $3,000 annually for tuition, books, 
and essential materials; and 
‘‘(B) $300 annually for related services 
such as career development, substance abuse 
counseling, parenting skills training, and health 
education. 
‘‘(e) STUDENT ELIGIBILITY.—A youth offender shall 
be eligible for participation in a program receiving a grant 
under this section if the youth offender— 
‘‘(1) is eligible to be released within 5 years (in-
cluding a youth offender who is eligible for parole 
within such time); 
‘‘(2) is 35 years of age or younger; and 
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694 
‘‘(3) has not been convicted of— 
‘‘(A) a ‘criminal offense against a victim 
who is a minor’ or a ‘sexually violent offense’, 
as such terms are defined in the Jacob 
Wetterling Crimes Against Children and Sexu-
ally Violent Offender Registration Act (42 
U.S.C. 14071 et seq.); or 
‘‘(B) murder, as described in section 1111 
of title 18, United States Code. 
‘‘(f) LENGTH OF PARTICIPATION.—A State correc-
tional education agency receiving a grant under this sec-
tion shall provide educational and related services to each 
participating youth offender for a period not to exceed 5 
years, 1 year of which may be devoted to study in a grad-
uate education degree program or to remedial education 
services for students who have obtained a secondary school 
diploma or its recognized equivalent. Educational and re-
lated services shall start during the period of incarceration 
in prison or prerelease, and the related services may con-
tinue for not more than 1 year after release from confine-
ment. 
‘‘(g) EDUCATION DELIVERY SYSTEMS.—State cor-
rectional education agencies and cooperating institutions 
shall, to the extent practicable, use high-tech applications 
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695 
in developing programs to meet the requirements and 
goals of this section. 
‘‘(h) ALLOCATION OF FUNDS.—From the funds ap-
propriated pursuant to subsection (i) for each fiscal year, 
the Secretary shall allot to each State an amount that 
bears the same relationship to such funds as the total 
number of students eligible under subsection (e) in such 
State bears to the total number of such students in all 
States. 
‘‘(i) AUTHORIZATION OF APPROPRIATIONS.—There 
are authorized to be appropriated to carry out this section 
such sums as may be necessary for fiscal years 2008 
through 2013.’’. 
SEC. 942. UNDERGROUND RAILROAD. 
Section 841(c) of the Higher Education Amendments 
of 1998 (20 U.S.C. 1153(c)) is amended by striking ‘‘this 
section’’ and all that follows through the period at the end 
and inserting ‘‘this section $3,000,000 for fiscal years 
2009 and the 4 succeeding fiscal years.’’. 
SEC. 943. REPEALS OF EXPIRED AND EXECUTED PROVI-
SIONS. 
The following provisions of the Higher Education 
Amendments of 1998 are repealed: 
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697 
PART D—JUSTICE DEPARTMENT PROGRAMS 
SEC. 951. LOAN REPAYMENT FOR PROSECUTORS AND DE-
FENDERS. 
Title I of the Omnibus Crime Control and Safe 
Streets Act of 1968 (42 U.S.C. 3711 et seq.) is amended 
by adding at the end the following: 
‘‘PART JJ—LOAN REPAYMENT FOR 
PROSECUTORS AND PUBLIC DEFENDERS 
‘‘SEC. 3111. GRANT AUTHORIZATION. 
‘‘(a) PURPOSE.—The purpose of this section is to en-
courage qualified individuals to enter and continue em-
ployment as prosecutors and public defenders. 
‘‘(b) DEFINITIONS.—In this section: 
‘‘(1) PROSECUTOR.—The term ‘prosecutor’ 
means a full-time employee of a State or local agen-
cy who— 
‘‘(A) is continually licensed to practice law; 
and 
‘‘(B) prosecutes criminal or juvenile delin-
quency cases (or both) at the State or local 
level, including an employee who supervises, 
educates, or trains other persons prosecuting 
such cases. 
‘‘(2) PUBLIC DEFENDER.—The term ‘public de-
fender’ means an attorney who— 
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698 
‘‘(A) is continually licensed to practice law; 
and 
‘‘(B) is— 
‘‘(i) a full-time employee of a State or 
local agency who provides legal representa-
tion to indigent persons in criminal or ju-
venile delinquency cases (or both), includ-
ing an attorney who supervises, educates, 
or trains other persons providing such rep-
resentation; 
‘‘(ii) a full-time employee of a non-
profit organization operating under a con-
tract with a State or unit of local govern-
ment, who devotes substantially all of such 
full-time employment to providing legal 
representation to indigent persons in crimi-
nal or juvenile delinquency cases (or both), 
including an attorney who supervises, edu-
cates, or trains other persons providing 
such representation; or 
‘‘(iii) employed as a full-time Federal 
defender attorney in a defender organiza-
tion established pursuant to subsection (g) 
of section 3006A of title 18, United States 
Code, that provides legal representation to 
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699 
indigent persons in criminal or juvenile de-
linquency cases (or both). 
‘‘(3) STUDENT LOAN.—The term ‘student loan’ 
means— 
‘‘(A) a loan made, insured, or guaranteed 
under part B of title IV of the Higher Edu-
cation Act of 1965 (20 U.S.C. 1071 et seq.); 
‘‘(B) a loan made under part D or E of 
title IV of the Higher Education Act of 1965 
(20 U.S.C. 1087a et seq. and 1087aa et seq.); 
and 
‘‘(C) a loan made under section 428C or 
455(g) of the Higher Education Act of 1965 
(20 U.S.C. 1078–3 and 1087e(g)) to the extent 
that such loan was used to repay a Federal Di-
rect Stafford Loan, a Federal Direct Unsub-
sidized Stafford Loan, or a loan made under 
section 428 or 428H of such Act. 
‘‘(c) PROGRAM AUTHORIZED.—The Attorney General 
shall, subject to the availability of appropriations, estab-
lish a program by which the Department of Justice shall 
assume the obligation to repay a student loan, by direct 
payments on behalf of a borrower to the holder of such 
loan, in accordance with subsection (d), for any borrower 
who— 
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700 
‘‘(1) is employed as a prosecutor or public de-
fender; and 
‘‘(2) is not in default on a loan for which the 
borrower seeks forgiveness. 
‘‘(d) TERMS OF LOAN REPAYMENT.— 
‘‘(1) BORROWER AGREEMENT.—To be eligible 
to receive repayment benefits under subsection (c), 
a borrower shall enter into a written agreement with 
the Attorney General that specifies that— 
‘‘(A) the borrower will remain employed as 
a prosecutor or public defender for a required 
period of service of not less than 3 years, unless 
involuntarily separated from that employment; 
‘‘(B) if the borrower is involuntarily sepa-
rated from employment on account of mis-
conduct, or voluntarily separates from employ-
ment, before the end of the period specified in 
the agreement, the borrower will repay the At-
torney General the amount of any benefits re-
ceived by such employee under this section; and 
‘‘(C) if the borrower is required to repay 
an amount to the Attorney General under sub-
paragraph (B) and fails to repay such amount, 
a sum equal to that amount shall be recoverable 
by the Federal Government from the employee 
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701 
(or such employee’s estate, if applicable) by 
such methods as are provided by law for the re-
covery of amounts owed to the Federal Govern-
ment. 
‘‘(2) REPAYMENT BY BORROWER.— 
‘‘(A) IN
GENERAL.—Any amount repaid 
by, or recovered from, an individual or the es-
tate of an individual under this subsection shall 
be credited to the appropriation account from 
which the amount involved was originally paid. 
‘‘(B) 
MERGER.—Any 
amount 
credited 
under subparagraph (A) shall be merged with 
other sums in such account and shall be avail-
able for the same purposes and period, and sub-
ject to the same limitations, if any, as the sums 
with which the amount was merged. 
‘‘(C) WAIVER.—The Attorney General may 
waive, in whole or in part, a right of recovery 
under this subsection if it is shown that recov-
ery would be against equity and good conscience 
or against the public interest. 
‘‘(3) LIMITATIONS.— 
‘‘(A) 
STUDENT
LOAN
PAYMENT 
AMOUNT.—Student loan repayments made by 
the Attorney General under this section shall be 
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702 
made subject to the availability of appropria-
tions, and subject to such terms, limitations, or 
conditions as may be mutually agreed upon by 
the borrower and the Attorney General in an 
agreement under paragraph (1), except that the 
amount paid by the Attorney General under 
this section shall not exceed— 
‘‘(i) $10,000 for any borrower in any 
calendar year; or 
‘‘(ii) an aggregate total of $60,000 in 
the case of any borrower. 
‘‘(B) BEGINNING OF PAYMENTS.—Nothing 
in this section shall authorize the Attorney Gen-
eral to pay any amount to reimburse a borrower 
for any repayments made by such borrower 
prior to the date on which the Attorney General 
entered into an agreement with the borrower 
under this subsection. 
‘‘(e) ADDITIONAL AGREEMENTS.— 
‘‘(1) IN GENERAL.—On completion of the re-
quired period of service under an agreement under 
subsection (d), the borrower and the Attorney Gen-
eral may, subject to paragraph (2), enter into an ad-
ditional agreement in accordance with subsection 
(d). 
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727 
fined under section 472 of the Higher Education Act 
of 1965 (20 U.S.C. 1087ll). 
‘‘(5) PRIVATE
EDUCATIONAL
LENDER.—The 
term ‘private educational lender’ means a creditor 
which solicits, makes, or extends private educational 
loans. 
‘‘(6) PRIVATE EDUCATIONAL LOAN.—The term 
‘private educational loan’— 
‘‘(A) means a loan provided by a private 
educational lender that— 
‘‘(i) is not made, insured, or guaran-
teed under part B of title IV of the Higher 
Education Act of 1965 (20 U.S.C. 1070 et 
seq.); and 
‘‘(ii) is issued by a private educational 
lender expressly for postsecondary edu-
cational expenses to a student, or the par-
ent of the student, regardless of whether 
the loan involves enrollment certification 
by the educational institution that the stu-
dent attends, or whether the loan is pro-
vided through the educational institution 
that the subject student attends or directly 
to the borrower from the lender; and 
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728 
‘‘(B) does not include an extension of cred-
it under an open end consumer credit plan, a 
residential mortgage transaction, or any other 
loan that is secured by real property or a dwell-
ing. 
‘‘(7) REVENUE
SHARING.—the term ‘revenue 
sharing’ means an arrangement between a covered 
educational institution and a private educational 
lender under which— 
‘‘(A) a private educational lender provides 
or issues private educational loans to students 
attending the covered educational institution or 
to the parents of such students; 
‘‘(B) the covered educational institution 
recommends to students or others the private 
educational lender or the private educational 
loans of the private educational lender; and 
‘‘(C) the private educational lender pays a 
fee or provides other material benefits, includ-
ing profit or revenue sharing, to the covered 
educational institution or to the officers, em-
ployees, or agents of the covered educational in-
stitution in connection with the private edu-
cational loans provided to students attending 
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736 
rules of the Board, contemporaneously with the ap-
proval of a private educational loan application, and 
before the loan transaction is consummated, the 
creditor shall disclose to the borrower, clearly and 
conspicuously— 
‘‘(A) the applicable rate of interest in ef-
fect on the date of approval; 
‘‘(B) whether the rate of interest applica-
ble to the private educational loan is fixed or 
variable; 
‘‘(C) limitations on interest rate adjust-
ments, both in terms of frequency and amount, 
or the lack thereof; 
‘‘(D) the initial approved principal amount; 
‘‘(E) applicable finance charges, late fees, 
penalties, and adjustments to principal, based 
upon borrower defaults or late payments; 
‘‘(F) the maximum term under the private 
educational loan program; 
‘‘(G) an estimate of the total amount for 
repayment, at both the interest rate in effect on 
the date of approval and at the maximum pos-
sible rate of interest actually offered by the 
creditor, to the extent that such maximum rate 
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