IB 
Union Calendar No. 128 
109TH CONGRESS 
1ST SESSION 
H. R. 609 
[Report No. 109–231] 
To amend and extend the Higher Education Act of 1965. 
IN THE HOUSE OF REPRESENTATIVES 
FEBRUARY 8, 2005 
Mr. BOEHNER (for himself and Mr. MCKEON) introduced the following bill; 
which was referred to the Committee on Education and the Workforce 
SEPTEMBER 22, 2005 
Additional sponsors: Mr. FORTUN˜O, Mr. BONILLA, Mr. GERLACH, Mr. KLINE, 
Mr. PRICE of Georgia, Ms. ROS-LEHTINEN, and Mr. LEWIS of Kentucky 
SEPTEMBER 22, 2005 
Reported with an amendment, committed to the Committee of the Whole 
House on the State of the Union, and ordered to be printed 
[Strike out all after the enacting clause and insert the part printed in italic] 
[For text of introduced bill, see copy of bill as introduced on February 8, 2005] 
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 ‘‘Col-
lege Access and Opportunity Act of 2005’’. 
(b) TABLE OF CONTENTS.— 
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. 
‘‘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. 
TITLE II—TEACHER PREPARATION 
Sec. 201.
Teacher quality enhancement grants. 
‘‘PART A—TEACHER QUALITY ENHANCEMENT GRANTS FOR STATES AND 
PARTNERSHIPS 
‘‘Sec. 201. Purposes; definitions. 
‘‘Sec. 202. State grants. 
‘‘Sec. 203. Partnership grants. 
‘‘Sec. 204. Teacher recruitment grants. 
‘‘Sec. 205. Administrative provisions. 
‘‘Sec. 206. Accountability and evaluation. 
‘‘Sec. 207. Accountability for programs that prepare teachers. 
‘‘Sec. 208. State functions. 
‘‘Sec. 209. General provisions. 
‘‘Sec. 210. Authorization of appropriations. 
Sec. 202. Preparing tomorrow’s teachers to use technology. 
Sec. 203. Centers of excellence. 
‘‘PART C—CENTERS OF EXCELLENCE 
‘‘Sec. 231. Purposes; definitions. 
‘‘Sec. 232. Centers of excellence. 
‘‘Sec. 233. Authorization of appropriations. 
Sec. 204. Teacher incentive fund program.
‘‘PART D—TEACHER INCENTIVE FUND PROGRAM 
‘‘Sec. 241. Purpose; definitions. 
‘‘Sec. 242. Teacher incentive fund grants. 
‘‘Sec. 243. Evaluations. 
‘‘Sec. 244. Authorization of appropriations. 
Sec. 205. 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. 401A. Pell Grants Plus: achievement grants for State scholars. 
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 HONORS SCHOLARSHIP PROGRAM 
‘‘Sec. 419A. Robert C. Byrd mathematics and science honors scholarship pro-
gram. 
‘‘Sec. 419B. Mathematics and science incentive program. 
‘‘Sec. 419C. Mathematics and science education coordinating council grants. 
‘‘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. Reauthorization of Federal Family Education Loan Program. 
Sec. 422. Loan limits. 
Sec. 423. Interest rates and special allowances. 
Sec. 424. Additional loan terms and conditions. 
Sec. 425. Consolidation loan changes. 
Sec. 426. Deferment of student loans for military service. 
Sec. 427. Loan forgiveness for service in areas of national need. 
‘‘Sec. 428K. Loan forgiveness for service in areas of national need. 
Sec. 428. Unsubsidized Stafford loans. 
Sec. 429. Elimination of termination dates from Taxpayer-Teacher Protection 
Act of 2004. 
Sec. 430. Additional administrative provisions.
‘‘Sec. 428I. Special insurance and reinsurance rules for exceptional perform-
ance. 
PART C—FEDERAL WORK-STUDY PROGRAMS 
Sec. 441. Authorization of appropriations. 
Sec. 442. Community service. 
Sec. 443. Allocation of funds. 
Sec. 444. Books and supplies. 
Sec. 445. Job location and development. 
Sec. 446. Work colleges. 
PART D—FEDERAL DIRECT LOAN PROGRAM 
Sec. 451. Reauthorization of the Direct Loan Program. 
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. Additional need analysis amendments. 
PART G—GENERAL PROVISIONS RELATING TO STUDENT FINANCIAL 
ASSISTANCE 
Sec. 481. Definitions of academic year and eligible program. 
Sec. 482. Distance education. 
Sec. 483. Expanding information dissemination regarding eligibility for Pell 
Grants. 
Sec. 484. Student eligibility. 
Sec. 485. Institutional refunds. 
Sec. 486. Institutional and financial assistance information for students. 
Sec. 487. College access initiative. 
‘‘Sec. 485D. College access initiative. 
Sec. 488. Distance education demonstration program. 
Sec. 489. College affordability demonstration program. 
‘‘Sec. 486A. College affordability demonstration program. 
Sec. 490. Program participation agreements. 
Sec. 491. Additional technical and conforming amendments. 
PART H—PROGRAM INTEGRITY 
Sec. 495. Accreditation. 
Sec. 496. Report to congress on prevention of fraud and abuse in student finan-
cial aid programs. 
‘‘Sec. 499. Report to Congress on prevention of fraud and abuse in student 
financial aid programs. 
TITLE V—DEVELOPING INSTITUTIONS 
Sec. 501. Definitional changes. 
Sec. 502. Assurance of enrollment of needy students.
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. 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; safety. 
‘‘Sec. 634. Recruiter access to students and student recruiting information. 
‘‘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. Authority. 
Sec. 903. Agreement for the National Technical Institute for the Deaf. 
Sec. 904. Definitions. 
Sec. 905. Audit. 
Sec. 906. Reports. 
Sec. 907. Liaison for educational programs. 
Sec. 908. Federal endowment programs for Gallaudet University and the Na-
tional Technical Institute for the Deaf. 
Sec. 909. Oversight and effect of agreements. 
Sec. 910. Authorization of appropriations. 
‘‘Sec. 1.
Short title.
PART B—ADDITIONAL EDUCATION LAWS 
Sec. 921. Cancellation of Student Loan Indebtedness For Survivors of Victims of 
the September 11, 2001, Attacks. 
Sec. 922. Amendment to Higher Education Amendments of 1998. 
Sec. 923. Tribally Controlled College or University Assistance Act of 1978. 
Sec. 924. Navajo Community College Act. 
Sec. 925. Education Amendments of 1992. 
Sec. 926. Study of student learning outcomes and public accountability. 
Sec. 927. Study of minority graduation rates. 
Sec. 928. Study of education-related indebtedness of medical school graduates. 
Sec. 929. Study of adult learners. 
Sec. 930.
Increase in college textbook prices. 
SEC. 2. REFERENCES; EFFECTIVE DATE. 
(a) REFERENCES.—Except as otherwise expressly pro-
vided, whenever in this Act an amendment or repeal is ex-
pressed in terms of an amendment to, or repeal of, a section 
or other provision, the reference shall be considered to be 
made to a section or other provision of the Higher Edu-
cation 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 sec-
tions 101 and 102 (20 U.S.C. 1001, 1002) and inserting 
the following:
‘‘SEC. 101. DEFINITION OF INSTITUTION OF HIGHER EDU-
CATION. 
‘‘(a) INSTITUTION OF HIGHER EDUCATION.—For pur-
poses of this Act, the term ‘institution of higher education’ 
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 insti-
tution 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 nonprofit 
institution that has been granted preaccreditation 
status by such an agency or association that has been 
recognized by the Secretary for the granting of 
preaccreditation status, and the Secretary has deter-
mined that there is satisfactory assurance that the in-
stitution will meet the accreditation 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 review 
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)—
‘‘(i) for which the institution awards a 
certificate; and 
‘‘(ii) that prepares students for gainful 
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 insti-
tution is accredited by a nationally recognized 
accrediting agency or association and such insti-
tution 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 distribution 
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. 
‘‘(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 unless 
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 defini-
tion of an institution of higher education in this sec-
tion 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 institu-
tion, has filed for bankruptcy, except that this 
paragraph shall not apply to a nonprofit insti-
tution, the primary function of which is to pro-
vide health care educational services (or an affil-
iate of such an institution that has the power, by 
contract or ownership interest, to direct or cause 
the direction of the institution’s management or 
policies) that filed for bankruptcy under chapter 
11 of title 11, United States Code, between July 
1, 1998, and December 1, 1998; or 
‘‘(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 govern-
ment funds, or has been judicially determined to 
have committed a crime involving the acquisi-
tion, use, or expenditure involving 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 edu-
cation in subsection (a) if such institution— 
‘‘(A) offers more than 50 percent of such in-
stitution’s courses by correspondence (excluding 
courses offered by telecommunications as defined 
in section 484(l)(4)), unless the institution is an 
institution that meets the definition in section 
3(3)(C) of the Carl D. Perkins Vocational and 
Technical Education Act of 1998; 
‘‘(B) enrolls 50 percent or more of the insti-
tution’s students in correspondence courses (ex-
cluding 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 Vocational 
and Technical Education Act of 1998, except 
that the Secretary, at the request of the institu-
tion, may waive the applicability of this sub-