I 
110TH CONGRESS 
1ST SESSION H. R. 3746 
To amend and extend the Higher Education Act of 1965. 
IN THE HOUSE OF REPRESENTATIVES 
OCTOBER 4, 2007 
Mr. MCKEON (for himself, Mr. KELLER of Florida, Mr. BOUSTANY, Mr. 
KLINE of Minnesota, Mr. FORTUN˜O, Mr. WILSON of South Carolina, Mr. 
DAVID DAVIS of Tennessee, Mr. SOUDER, and Mr. BISHOP of Utah) in-
troduced the following bill; which was referred to the Committee on Edu-
cation and Labor 
A BILL 
To amend and extend the Higher Education Act of 1965. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘College Access and Opportunity Act of 2007’’. 
(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows: 
Sec. 1. Short title; table of contents. 
Sec. 2. References; effective date. 
TITLE I—GENERAL PROVISIONS 
Sec. 101. Definition of institution of higher education. 
‘‘Sec. 101. Definition of institution of higher education. 
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‘‘Sec. 102. Institutions outside the United States. 
‘‘Sec. 123. Restrictions on funds for for-profit schools. 
Sec. 102. New borrower definition. 
Sec. 103. Student speech and association rights. 
Sec. 104. National Advisory Committee on Institutional Quality and Integrity. 
Sec. 105. Alcohol and drug abuse prevention. 
Sec. 106. Prior rights and obligations. 
Sec. 107. Limitation on certain uses of funds. 
‘‘Sec. 124. Limitation on certain uses of funds. 
Sec. 108. Consumer information and public accountability in higher education. 
‘‘Sec. 131. Consumer information and public accountability in higher edu-
cation. 
Sec. 109. Databases of student information. 
‘‘Sec. 132. Databases of student information prohibited. 
Sec. 110. Performance-based organization. 
Sec. 111. Treatment of territories and territorial student assistance. 
Sec. 112. Institution and lender reporting and disclosure requirements. 
‘‘PART E—LENDER AND INSTITUTION REQUIREMENTS RELATING TO 
EDUCATIONAL LOANS 
‘‘Sec. 151. Definitions. 
‘‘Sec. 152. Requirements for lenders and institutions participating in edu-
cational loan arrangements. 
‘‘Sec. 153. Interest rate report for institutions and lenders participating in 
educational loan arrangements. 
TITLE II—TEACHER QUALITY ENHANCEMENT 
Sec. 201. Teacher quality partnership grants. 
‘‘PART A—TEACHER QUALITY PARTNERSHIP GRANTS 
‘‘Sec. 201. Authorization of appropriations. 
‘‘Sec. 202. Purposes and definitions. 
‘‘Sec. 202. Partnership grants. 
‘‘Sec. 203. Administrative provisions. 
‘‘Sec. 204. Accountability and evaluation. 
‘‘Sec. 205. Accountability for programs that prepare teachers. 
‘‘Sec. 205A. Teacher development. 
‘‘Sec. 206. State Functions. 
‘‘Sec. 207. General Provisions. 
‘‘Sec. 208. Authorization of appropriations. 
Sec. 202. Repeal of Part B (preparing tomorrow’s teachers to use technology). 
Sec. 203. General provisions. 
‘‘PART B—GENERAL PROVISIONS 
‘‘Sec. 221. Limitations. 
Sec. 204. Teacher incentive fund program. 
‘‘PART C—TEACHER INCENTIVE FUND PROGRAM 
‘‘Sec. 231. Purposes; definitions. 
‘‘Sec. 232. Teacher incentive fund grants. 
‘‘Sec. 233. Report and evaluation. 
‘‘Sec. 234. Authorization of appropriations. 
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Sec. 205. National teacher corps. 
‘‘PART D—NATIONAL TEACHER CORPS 
‘‘Sec. 241. Purposes. 
‘‘Sec. 242. Definitions. 
‘‘Sec. 243. Grant program authorized. 
‘‘Sec. 244. Grant requirements. 
‘‘Sec. 245. Authorized activities. 
‘‘Sec. 246. Evaluation. 
‘‘Sec. 247. Authorization of appropriations. 
Sec. 206. Transition. 
TITLE III—INSTITUTIONAL AID 
Sec. 301. Title III Grants for American Indian Tribally Controlled Colleges and 
Universities. 
Sec. 302. Alaska Native and Native Hawaiian-serving institutions. 
Sec. 303. Grants to Part B institutions. 
Sec. 304. Technical Amendments. 
Sec. 305. Title III authorizations. 
TITLE IV—STUDENT ASSISTANCE 
PART A—GRANTS TO STUDENTS 
Sec. 401. Pell Grants. 
Sec. 402. TRIO programs. 
Sec. 403. TRIO reform. 
‘‘Sec. 402G. Staff development activities. 
‘‘Sec. 402H. Evaluations. 
Sec. 404. GEARUP. 
Sec. 405. Federal Supplemental Educational Opportunity Grants. 
Sec. 406. LEAP. 
Sec. 407. HEP/CAMP program. 
Sec. 408. Robert C. Byrd Honors Scholarship Program. 
‘‘SUBPART 6—ROBERT C. BYRD AMERICAN COMPETITIVENESS PROGRAM 
‘‘Sec. 419A. Robert C. Byrd mathematics and science honors scholarship 
program. 
‘‘Sec. 419B. Mathematics and science incentive program. 
‘‘Sec. 419C. Adjunct teacher corps. 
‘‘Sec. 419D. Authorization of appropriations. 
Sec. 409. Child care access. 
Sec. 410. Learning anytime anywhere partnerships. 
PART B—FEDERAL FAMILY EDUCATION LOAN PROGRAM 
Sec. 421. PLUS loan interest rates. 
Sec. 422. Loan forgiveness for service in areas of national need. 
‘‘Sec. 428K. Loan forgiveness for service in areas of national need. 
Sec. 423. Additional administrative provisions. 
Sec. 424. Elimination of auction. 
PART C—FEDERAL WORK-STUDY PROGRAMS 
Sec. 441. Authorization of appropriations. 
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Sec. 442. Community service. 
Sec. 443. Allocation of funds. 
Sec. 444. Books and supplies. 
Sec. 445. Job location and development. 
Sec. 446. Work colleges. 
Sec. 447. Work assistance for students in comprehensive postsecondary pro-
grams for students with mental retardation. 
‘‘Sec. 449. Work assistance for students in comprehensive postsecondary 
programs for students with mental retardation. 
PART D—FEDERAL DIRECT LOAN PROGRAM 
Sec. 451. Income contingent repayment. 
PART E—FEDERAL PERKINS LOAN PROGRAM 
Sec. 461. Reauthorization of program. 
Sec. 462. Loan terms and conditions. 
Sec. 463. Loan cancellation. 
Sec. 464. Technical Amendments. 
PART F—NEED ANALYSIS 
Sec. 471. Significantly simplifying the student aid Application process. 
Sec. 472. Discretion of student financial aid administrators. 
PART G—GENERAL PROVISIONS RELATING TO STUDENT 
FINANCIAL ASSISTANCE 
Sec. 481. Expanding information dissemination regarding eligibility for Pell 
Grants. 
Sec. 482. Student eligibility. 
Sec. 483. Institutional refunds. 
Sec. 484. Institutional and financial assistance information for students. 
Sec. 485. Distance education demonstration program. 
Sec. 486. College Affordability Demonstration Program. 
‘‘Sec. 486A. College Affordability Demonstration Program. 
Sec. 487. Program participation agreements. 
Sec. 488. Additional technical and conforming Amendments. 
Sec. 489. Pell Grant eligibility provision. 
PART H—PROGRAM INTEGRITY 
Sec. 495. Accreditation. 
Sec. 496. Report to Congress on prevention of fraud and abuse in student fi-
nancial aid programs. 
‘‘Sec. 499. Report to Congress on prevention of fraud and abuse in stu-
dent financial aid programs. 
Sec. 497. Report to Congress on compliance with the Paperwork Reduction Act 
of 1995. 
‘‘Sec. 499A. Report to Congress on the Compliance of the student aid Ap-
plication process with the requirements of the Paperwork 
Reduction Act of 1995. 
TITLE V—DEVELOPING INSTITUTIONS 
Sec. 501. Definitional changes. 
Sec. 502. Assurance of enrollment of needy students. 
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Sec. 503. Additional Amendments. 
Sec. 504. Postbaccalaureate opportunities for Hispanic Americans. 
‘‘PART B—PROMOTING POSTBACCALAUREATE OPPORTUNITIES 
FOR HISPANIC AMERICANS 
‘‘Sec. 511. Purposes. 
‘‘Sec. 512. Program authority and eligibility. 
‘‘Sec. 513. Authorized activities. 
‘‘Sec. 514. Application and duration. 
Sec. 505. Authorization of appropriations. 
TITLE VI—TITLE VI AMENDMENTS 
Sec. 601. International and foreign language studies. 
‘‘Sec. 607. Advancing America through foreign language partnerships. 
Sec. 602. Business and international education programs. 
Sec. 603. Institute for International Public Policy. 
‘‘Sec. 621. Program for foreign service professionals. 
Sec. 604. Evaluation, outreach, and dissemination. 
‘‘Sec. 632. Evaluation, outreach, and dissemination. 
Sec. 605. Advisory Board. 
‘‘Sec. 633. International Higher Education Advisory Board. 
Sec. 606. Recruiter access to students and student recruiting information; safe-
ty. 
‘‘Sec. 634. Recruiter access to students and student recruiting informa-
tion. 
‘‘Sec. 635. Student safety. 
Sec. 607. National study of foreign language heritage communities. 
‘‘Sec. 636. National study of foreign language heritage communities. 
TITLE VII—TITLE VII AMENDMENTS 
Sec. 701. Javits fellowship program. 
Sec. 702. Graduate assistance in areas of national need. 
Sec. 703. Thurgood Marshall legal educational opportunity program. 
Sec. 704. Fund for the improvement of postsecondary education. 
Sec. 705. Urban community service. 
Sec. 706. Demonstration projects to ensure students with disabilities receive a 
quality higher education. 
TITLE VIII—CLERICAL AMENDMENTS 
Sec. 801. Clerical Amendments. 
TITLE IX—AMENDMENTS TO OTHER EDUCATION LAWS 
PART A—EDUCATION OF THE DEAF ACT OF 1986 
Sec. 901. Laurent Clerc National Deaf Education Center. 
Sec. 902. Agreement with Gallaudet University. 
Sec. 903. Authority. 
Sec. 904. Agreement for the National Technical Institute for the Deaf. 
Sec. 905. Definitions. 
Sec. 906. Audit. 
Sec. 907. Reports. 
Sec. 908. Monitoring, evaluation, and reporting. 
Sec. 909. Liaison for educational programs. 
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Sec. 910. Federal endowment programs for Gallaudet University and the Na-
tional Technical Institute for the Deaf. 
Sec. 911. Oversight and effect of agreements. 
Sec. 912. International students. 
Sec. 913. Research priorities. 
Sec. 914. Authorization of appropriations. 
‘‘Sec. 1. Short title. 
PART B—ADDITIONAL EDUCATION LAWS 
Sec. 921. Amendment to Higher Education Amendments of 1998. 
Sec. 922. Tribally Controlled College or University Assistance Act of 1978. 
Sec. 923. Navajo Community College Act. 
Sec. 924. Education Amendments of 1992. 
Sec. 925. Study of student learning outcomes and public accountability. 
Sec. 926. Study of education-related indebtedness of medical school graduates. 
Sec. 927. Increase in college textbook prices. 
Sec. 928. Independent evaluation of distance education programs. 
Sec. 929. Study of campus-based program allocation of funds. 
Sec. 930. Summit on sustainability. 
Sec. 931. Study of residency applications. 
SEC. 2. REFERENCES; EFFECTIVE DATE. 
(a) REFERENCES.—Except as otherwise expressly 
provided, whenever in this Act an amendment or repeal 
is expressed in terms of an amendment to, or repeal of, 
a section or other provision, the reference shall be consid-
ered to be made to a section or other provision of the 
Higher Education Act of 1965 (20 U.S.C. 1001 et seq.). 
(b) EFFECTIVE DATE.—Except as otherwise provided 
in this Act, the amendments made by this Act shall take 
effect on the date of enactment of this Act. 
TITLE I—GENERAL PROVISIONS 
SEC. 101. DEFINITION OF INSTITUTION OF HIGHER EDU-
CATION. 
(a) AMENDMENT.—Title I is amended by striking 
sections 101 and 102 (20 U.S.C. 1001, 1002) and insert-
ing the following: 
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‘‘SEC. 101. DEFINITION OF INSTITUTION OF HIGHER EDU-
CATION. 
‘‘(a) INSTITUTION
OF HIGHER EDUCATION.—For 
purposes of this Act, the term ‘institution of higher edu-
cation’ means an educational institution in any State 
that— 
‘‘(1) admits as regular students only individuals 
who— 
‘‘(A) meet the requirements of section 
484(d)(3), or have a certificate of graduation 
from a school providing secondary education, or 
the recognized equivalent of such a certificate; 
‘‘(B) are beyond the age of compulsory 
school attendance in the State in which the in-
stitution is located; or 
‘‘(C) will be dually enrolled in that institu-
tion and a secondary school; 
‘‘(2) is legally authorized within such State to 
provide a program of education beyond secondary 
education; 
‘‘(3)(A) is accredited by a nationally recognized 
accrediting agency or association; or 
‘‘(B) if not so accredited, is a public or non-
profit 
institution 
that 
has 
been 
granted 
preaccreditation status by such an agency or asso-
ciation that has been recognized by the Secretary for 
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the granting of preaccreditation status, and the Sec-
retary has determined that there is satisfactory as-
surance that the institution will meet the accredita-
tion standards of such an agency or association 
within a reasonable time; and 
‘‘(4) meets either of the following criteria: 
‘‘(A) is a nonprofit, for-profit, or public in-
stitution that— 
‘‘(i) provides an educational program 
for which the institution awards a bach-
elor’s, graduate, or professional degree; 
‘‘(ii) provides not less than a 2-year 
educational program which is acceptable 
for full credit towards such a degree; 
‘‘(iii) provides not less than a 1-year 
program of training that prepares students 
for gainful employment in a recognized oc-
cupation; or 
‘‘(iv) awards a degree that is accept-
able for admission to graduate or profes-
sional degree programs, subject to the re-
view and approval of the Secretary; or 
‘‘(B) is a nonprofit, for-profit, or public in-
stitution that provides an eligible program (as 
defined in section 481)— 
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‘‘(i) for which the institution awards a 
certificate; and 
‘‘(ii) that prepares students for gain-
ful employment in a recognized occupation. 
‘‘(b) ADDITIONAL LIMITATIONS.— 
‘‘(1) FOR-PROFIT
POSTSECONDARY
INSTITU-
TIONS.— 
‘‘(A) DURATION
OF
ACCREDITATION.—A 
for-profit institution shall not be considered to 
be an institution of higher education unless 
such institution is accredited by a nationally 
recognized accrediting agency or association 
and such institution has been in existence for at 
least 2 years. 
‘‘(B) INSTITUTIONAL
ELIGIBILITY
ONLY 
FOR COMPETITIVE GRANTS.—For the purposes 
of any program providing grants to institutions 
for use by the institution (and not for distribu-
tion among students), a for-profit institution 
shall not be considered to be an institution of 
higher education under this section if such 
grants are awarded on any basis other than 
competition on the merits of the grant proposal 
or application. 
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‘‘(2) POSTSECONDARY
VOCATIONAL
INSTITU-
TIONS.—A nonprofit or public institution that meets 
the criteria of subsection (a)(4)(B) shall not be con-
sidered to be an institution of higher education un-
less such institution has been in existence for at 
least 2 years. 
‘‘(3) LIMITATIONS BASED ON MANAGEMENT.— 
An institution shall not be considered to meet the 
definition of an institution of higher education in 
this section if— 
‘‘(A) the institution, or an affiliate of the 
institution that has the power, by contract or 
ownership interest, to direct or cause the direc-
tion of the management or policies of the insti-
tution, has filed for bankruptcy, except that 
this paragraph shall not apply to a nonprofit in-
stitution, the primary function of which is to 
provide health care educational services (or an 
affiliate of such an institution that has the 
power, by contract or ownership interest, to di-
rect or cause the direction of the institution’s 
management or policies) that filed for bank-
ruptcy under chapter 11 of title 11, United 
States Code, between July 1, 1998, and Decem-
ber 1, 1998; or 
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‘‘(B) the institution, the institution’s 
owner, or the institution’s chief executive officer 
has been convicted of, or has pled nolo 
contendere or guilty to, a crime involving the 
acquisition, use, or expenditure of Federal, 
State, or local government funds, or has been 
judicially determined to have committed a crime 
involving the acquisition, use, or expenditure in-
volving Federal, State, or local government 
funds. 
‘‘(4) LIMITATION ON COURSE OF STUDY OR EN-
ROLLMENT.—An institution shall not be considered 
to meet the definition of an institution of higher 
education in subsection (a) if such institution— 
‘‘(A) offers more than 50 percent of such 
institution’s courses by correspondence (exclud-
ing courses offered by telecommunications as 
defined in section 484(l)(4)), unless the institu-
tion is an institution that meets the definition 
in section 3(3)(C) of the Carl D. Perkins Voca-
tional and Technical Education Act of 1998; 
‘‘(B) enrolls 50 percent or more of the in-
stitution’s students in correspondence courses 
(excluding courses offered by telecommuni-
cations as defined in section 484(l)(4)), unless 
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the institution is an institution that meets the 
definition in section 3(3)(C) of the Carl D. Per-
kins Vocational and Technical Education Act of 
1998, except that the Secretary, at the request 
of the institution, may waive the applicability of 
this subparagraph to the institution for good 
cause, as determined by the Secretary in the 
case of an institution of higher education that 
provides a 2- or 4-year program of instruction 
(or both) for which the institution awards an 
associate or baccalaureate degree, respectively; 
‘‘(C) has a student enrollment in which 
more than 25 percent of the students are incar-
cerated, except that the Secretary may waive 
the limitation contained in this subparagraph 
for an institution that provides a 2- or 4-year 
program of instruction (or both) for which the 
institution awards a bachelor’s degree, or an as-
sociate’s degree or a postsecondary certificate, 
respectively; or 
‘‘(D) has a student enrollment in which 
more than 50 percent of the students either do 
not meet the requirements of section 484(d)(3) 
or do not have a secondary school diploma or 
its recognized equivalent, and does not provide 
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a 2- or 4-year program of instruction (or both) 
for which the institution awards an associate’s 
degree or a bachelor’s degree, respectively, ex-
cept that the Secretary may waive the limita-
tion contained in this subparagraph if an insti-
tution demonstrates to the satisfaction of the 
Secretary that the institution exceeds such limi-
tation because the institution serves, through 
contracts with Federal, State, or local govern-
ment agencies, significant numbers of students 
who do not meet the requirements of section 
484(d)(3) or do not have a secondary school di-
ploma or its recognized equivalent. 
‘‘(c) LIST OF ACCREDITING AGENCIES.—For pur-
poses of this section, the Secretary shall publish a list of 
nationally recognized accrediting agencies or associations 
that the Secretary determines, pursuant to subpart 2 of 
part H of title IV, to be reliable authority as to the quality 
of the education or training offered. 
‘‘(d) CERTIFICATION.—The Secretary shall certify, 
for the purposes of participation in title IV, an institu-
tion’s qualification as an institution of higher education 
in accordance with the requirements of subpart 3 of part 
H of title IV. 
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‘‘(e) LOSS OF ELIGIBILITY.—An institution of higher 
education shall not be considered to meet the definition 
of an institution of higher education in this section for 
the purposes of participation in title IV if such institution 
is removed from eligibility for funds under title IV as a 
result of an action pursuant to part H of title IV. 
‘‘SEC. 102. INSTITUTIONS OUTSIDE THE UNITED STATES. 
‘‘(a) 
INSTITUTIONS
OUTSIDE
THE
UNITED 
STATES.— 
‘‘(1) IN GENERAL.—An institution outside the 
United States shall be considered to be an institu-
tion of higher education only for purposes of part B 
of title IV if the institution is comparable to an in-
stitution of higher education, as defined in section 
101, is legally authorized by the education ministry 
(or comparable agency) of the country in which the 
school is located, and has been approved by the Sec-
retary for purposes of that part. The Secretary shall 
establish criteria by regulation for that approval and 
that determination of comparability. An institution 
may not be so approved or determined to be com-
parable unless such institution is a public or non-
profit institution, except that, subject to paragraph 
(2)(B), a nursing school, a graduate medical school 
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