To make technical corrections to the Higher Education Act of 1965, and for other purposes.

Bill: 111-hr-1777
Sponsor: Rep. Miller, George [D-CA-7]
Introduced: 2009-03-30 in the House
Policy area: Education
Subjects: Administrative law and regulatory procedures
Area studies and international education
Consumer credit
Department of Education
District of Columbia
Education programs funding
Government lending and loan guarantees
Higher education
Medical education
Military personnel and dependents
Minority education
Nursing
Science and engineering education
Student aid and college costs
Teaching, teachers, curricula
Veterans' education, employment, rehabilitation

Summary:
action_date: 2009-03-30
text: 
Makes miscellaneous and technical amendments to the Higher Education Act of 1965 (the Act).
 
Amends the Higher Education Opportunity Act to make the date of such Act's enactment August 14, 2008, the effective date of its revisions to the general definition of institutions of higher education (IHEs).
 
Amends the Act to consider foreign public or private nonprofit nursing schools which were participating in the Act's Federal Family Education Loan (FFEL) program on August 13, 2008, as continuing to be eligible to participate in such program.
 
Excludes Howard University, which receives assistance under the Act of March 2, 1867, from eligibility for capacity-building grants to Predominantly Black Institutions under title III of the Act.
 
Increases amounts authorized and appropriated in FY2013 and FY2015 for increases in the maximum Pell Grant award.
 
Revises the FFEL default reduction program to allow guaranty agencies to assign rehabilitated loans to the Secretary of Education until October 2011, if they have not been able to sell the loans to eligible lenders and the Secretary determines that market conditions unduly limit their ability to do so. Requires the removal of adverse information concerning such rehabilitated loans from a borrower's credit history.
 
Prohibits eligible FFEL lenders from offering inducements to any individuals or entities in order to secure FFEL applicants. (Currently, IHEs and their employees may not be offered such inducements.)
 
Authorizes the Secretary to purchase, or enter into forward commitments to purchase, rehabilitated FFELs that eligible lenders purchased under the FFEL default reduction program from October 2003 through June 2010, provided such purchase does not result in any net cost to the federal government.
 
Conditions the purchase of such loans on the agreement of lenders to use the funds from such purchases to originate new federal loans to students or to purchase rehabilitated loans under the default reduction program.
 
States that, beginning with the 20009-2010 school year, the expected family contribution, used in determining a student's eligibility for federal student aid, shall be zero for students who are eligible for Pell grants and whose parent or guardian was killed while performing military service in Iraq or Afghanistan after September 11, 2001.
 
Delays the implementation of the EZ FAFSA (Free Application for Federal Student Aid), a simplified format for use in applying for federal student aid, until the 2010-2011 school year.
 
Delays from July 1, 2009, to July 1, 2010, the implementation of the Competitive Loan Auction Pilot program, under which biennial auctions are to be held in each state allowing prequalified lenders to compete for the exclusive right to make FFEL program PLUS loans at all IHEs within the state.

action_date: 2009-03-30
text: 

(This measure has not been amended since it was introduced. The summary has been expanded because action occurred on the measure.)

 
Makes miscellaneous and technical amendments to the Higher Education Act of 1965 (the Act).
 

Title I: General Provisions
 - Makes technical amendments to title I of the Act.
 
(Sec. 101) Amends the Higher Education Opportunity Act to make the date of such Act's enactment, August 14, 2008, the effective date of its revisions to the general definition of institutions of higher education (IHEs).
 
Amends the Act to consider foreign public or private nonprofit nursing schools which were participating in the Act's Federal Family Education Loan (FFEL) program on August 13, 2008, as continuing to be eligible to participate in such program.
 

Title II: Teacher Quality Enhancement:
 Makes technical amendments to title II of the Act.
 

Title III: Institutional Aid
 - Makes technical amendments to title III of the Act.
 
(Sec. 301) Excludes Howard University, which receives assistance under the Act of March 2, 1867, from eligibility for capacity-building grants to Predominantly Black Institutions under title III of the Act.
 

Title IV: Student Assistance
 - Makes technical amendments to title IV of the Act.
 
(Sec. 401) Increases amounts authorized and appropriated in FY2013 and FY2015 for increases in the maximum Pell Grant award.
 
(Sec. 402) Revises the FFEL default reduction program to allow guaranty agencies to assign rehabilitated loans to the Secretary of Education, until October 2011, if they have not been able to sell the loans to eligible lenders and the Secretary determines that market conditions unduly limit their ability to do so. Requires the removal of adverse information concerning such rehabilitated loans from a borrower's credit history.
 
Prohibits eligible FFEL lenders from offering inducements to any individuals or entities in order to secure FFEL applicants. (Currently, IHEs and their employees may not be offered such inducements.)
 
(Sec. 404) Authorizes the Secretary to purchase, or enter into forward commitments to purchase, rehabilitated FFELs that eligible lenders purchased under the FFEL default reduction program from October 2003 through June 2010, provided such purchase does not result in any net cost to the federal government.
 
Conditions the purchase of such loans on the agreement of lenders to use the funds from such purchases to originate new federal loans to students or to purchase rehabilitated loans under the default reduction program.
 
(Sec. 406) States that, beginning with the 20009-2010 school year, the expected family contribution, used in determining a student's eligibility for federal student aid, shall be zero for students who are eligible for Pell grants and whose parent or guardian was killed while performing military service in Iraq or Afghanistan after September 11, 2001.
 
Updates the list of programs providing veterans' education benefits that are to be excluded from students' income in determining their eligibility for student aid under title IV.
 
Advances the date, from July 2010 to July 2009, by which veterans' education benefits not received under title IV must be excluded from consideration as available financial assistance in title IV need analyses.
 
(Sec. 407) Delays the implementation of the EZ FAFSA (Free Application for Federal Student Aid), a simplified format for use in applying for federal student aid, until the 2010-2011 school year.
 
(Sec. 409) Delays from July 1, 2009 to July 1, 2010, the implementation of the Competitive Loan Auction Pilot program, under which biennial auctions are to be held in each state allowing prequalified lenders to compete for the exclusive right to make FFEL program PLUS loans at all IHEs within the state.
 

Title V: Developing Institutions
 - Makes a technical amendment to title V of the Act.
 

Title VI: International Education Programs
 - Makes technical amendments to title VI of the Act.
 

Title VII: Graduate and Postsecondary Improvement
 - Makes technical amendments to title VII of the Act.
 

Title VIII: Additional Programs
 - Makes technical amendments to title VIII of the Act.
 
(Sec. 802) Makes technical amendments to the Higher Education Amendments of 1998 and Education of the Deaf Act of 1986. 

action_date: 2009-06-23
text: 
Makes miscellaneous and technical amendments to the Higher Education Act of 1965 (the Act).
 

Title I: General Provisions
 - Makes technical amendments to title I of the Act.
 
(Sec. 101) Amends the Higher Education Opportunity Act to make the date of such Act's enactment, August 14, 2008, the effective date of its revisions to the general definition of institutions of higher education (IHEs).
 
Makes prerequisites for foreign nursing school participation in the Act's Federal Family Education Loan (FFEL) program inapplicable, until July 1, 2012, to foreign nursing schools that were participating in the FFEL program on August 13, 2008. 
 

Title II: Teacher Quality Enhancement:
 Makes technical amendments to title II of the Act.
 
(Sec. 201) Requires prospective teachers in teaching residency programs to acquire a master's degree within 18 months of beginning the program.
 
Permits partnerships that receive a grant under the Teacher Quality Partnership grant program for a teacher preparation program to carry out a pre-baccalaureate teacher preparation program or a fifth year initial licensing program.
 

Title III: Institutional Aid
 - Makes technical amendments to title III of the Act.
 
(Sec. 301) Excludes Howard University, which receives assistance under other specified federal law, from eligibility for capacity-building grants to Predominantly Black Institutions under title III of the Act.
 

Title IV: Student Assistance
 - Makes technical amendments to title IV of the Act.
 
(Sec. 401) Increases amounts authorized and appropriated in FY2013 and FY2015 for increases in the maximum Pell Grant award.
 
Directs the Secretary of Education to award scholarships, to be known as Iraq and Afghanistan Service Grants, to individuals whose parent or guardian died as a result of performing military service for the U.S. Armed Forces in Iraq or Afghanistan after September 11, 2001. Makes such scholarships equal to the maximum Pell Grant award. 
 
(Sec. 402) Revises the FFEL default reduction program to allow guaranty agencies to assign rehabilitated loans to the Secretary of Education, until October 2011, if: (1) they have not been able to sell the loans to eligible lenders; and (2) the Secretary determines that market conditions unduly limit their ability to do so. Requires the holder of a rehabilitated loan to request the consumer reporting agency to which the default of the loan was reported to remove the record of default from a borrower's credit history.
 
Prohibits eligible FFEL lenders from offering inducements to any individuals or entities in order to secure FFEL applicants. (Currently, IHEs and their employees may not be offered such inducements.) 
 
(Sec. 404) Authorizes the Secretary to purchase, or enter into forward commitments to purchase, rehabilitated FFELs that eligible lenders purchased under the FFEL default reduction program from October 2003 through June 2010, provided such purchase does not result in any net cost to the federal government.
 
Conditions the purchase of such loans on the agreement of lenders to use the funds from such purchases to originate new federal loans to students or to purchase rehabilitated loans under the default reduction program.
 
(Sec. 406) States that, beginning with the 2009-2010 school year, the expected family contribution, used in determining a student's eligibility for federal student aid, shall be zero for students who are eligible for Pell grants and whose parent or guardian was killed while performing military service in Iraq or Afghanistan after September 11, 2001. 
 
Updates the list of programs providing veterans' education benefits that are to be excluded from students' income in determining their eligibility for student aid under title IV.
 
Advances the date, from July 2010 to July 2009, by which veterans' education benefits not received under title IV must be excluded from consideration as available financial assistance in title IV need analyses.
 
(Sec. 407) Delays the implementation of the EZ FAFSA (Free Application for Federal Student Aid), a simplified format for use in applying for federal student aid, until the 2010-2011 school year.
 
Requires the Secretary to determine that an IHE's participation as an experimental site under the Quality Assurance program (which allows certain IHEs to implement their own comprehensive student aid management systems) is a success if such participation has reduced the IHEs administrative burdens and benefited its students, without creating costs for the taxpayer. Gives existing sites that have not yet been deemed successful until June 30, 2010, to reach that goal.
 
(Sec. 409) Makes certain rulemaking requirements and the master calendar of actions the Secretary must take regarding student aid inapplicable to amendments made by this title or regulations promulgated under such amendments. 
 

Title V: Developing Institutions
 - Makes a technical amendment to title V of the Act.
 

Title VI: International Education Programs
 - Makes technical amendments to title VI of the Act.
 

Title VII: Graduate and Postsecondary Improvement
 - Makes technical amendments to title VII of the Act.
 
(Sec. 701) Requires IHEs offering comprehensive transition and postsecondary programs for students with intellectual disabilities to integrate such students socially and academically with non-disabled students, to the maximum extent possible.
 

Title VIII: Additional Programs
 - Makes technical amendments to title VIII of the Act.
 
(Sec. 802) Makes technical amendments to the Higher Education Amendments of 1998 and the Education of the Deaf Act of 1986. 

action_date: 2009-07-01
text: 

(This measure has not been amended since it was passed by the Senate on June 23, 2009. The summary of that version is repeated here.)

 
Makes miscellaneous and technical amendments to the Higher Education Act of 1965 (the Act).
 

Title I: General Provisions
 - Makes technical amendments to title I of the Act.
 
(Sec. 101) Amends the Higher Education Opportunity Act to make the date of such Act's enactment, August 14, 2008, the effective date of its revisions to the general definition of institutions of higher education (IHEs).
 
Makes prerequisites for foreign nursing school participation in the Act's Federal Family Education Loan (FFEL) program inapplicable, until July 1, 2012, to foreign nursing schools that were participating in the FFEL program on August 13, 2008. 
 

Title II: Teacher Quality Enhancement:
 Makes technical amendments to title II of the Act.
 
(Sec. 201) Requires prospective teachers in teaching residency programs to acquire a master's degree within 18 months of beginning the program.
 
Permits partnerships that receive a grant under the Teacher Quality Partnership grant program for a teacher preparation program to carry out a pre-baccalaureate teacher preparation program or a fifth year initial licensing program.
 

Title III: Institutional Aid
 - Makes technical amendments to title III of the Act.
 
(Sec. 301) Excludes Howard University, which receives assistance under other specified federal law, from eligibility for capacity-building grants to Predominantly Black Institutions under title III of the Act.
 

Title IV: Student Assistance
 - Makes technical amendments to title IV of the Act.
 
(Sec. 401) Increases amounts authorized and appropriated in FY2013 and FY2015 for increases in the maximum Pell Grant award.
 
Directs the Secretary of Education to award scholarships, to be known as Iraq and Afghanistan Service Grants, to individuals whose parent or guardian died as a result of performing military service for the U.S. Armed Forces in Iraq or Afghanistan after September 11, 2001. Makes such scholarships equal to the maximum Pell Grant award. 
 
(Sec. 402) Revises the FFEL default reduction program to allow guaranty agencies to assign rehabilitated loans to the Secretary of Education, until October 2011, if: (1) they have not been able to sell the loans to eligible lenders; and (2) the Secretary determines that market conditions unduly limit their ability to do so. Requires the holder of a rehabilitated loan to request the consumer reporting agency to which the default of the loan was reported to remove the record of default from a borrower's credit history.
 
Prohibits eligible FFEL lenders from offering inducements to any individuals or entities in order to secure FFEL applicants. (Currently, IHEs and their employees may not be offered such inducements.) 
 
(Sec. 404) Authorizes the Secretary to purchase, or enter into forward commitments to purchase, rehabilitated FFELs that eligible lenders purchased under the FFEL default reduction program from October 2003 through June 2010, provided such purchase does not result in any net cost to the federal government.
 
Conditions the purchase of such loans on the agreement of lenders to use the funds from such purchases to originate new federal loans to students or to purchase rehabilitated loans under the default reduction program.
 
(Sec. 406) States that, beginning with the 2009-2010 school year, the expected family contribution, used in determining a student's eligibility for federal student aid, shall be zero for students who are eligible for Pell grants and whose parent or guardian was killed while performing military service in Iraq or Afghanistan after September 11, 2001. 
 
Updates the list of programs providing veterans' education benefits that are to be excluded from students' income in determining their eligibility for student aid under title IV.
 
Advances the date, from July 2010 to July 2009, by which veterans' education benefits not received under title IV must be excluded from consideration as available financial assistance in title IV need analyses.
 
(Sec. 407) Delays the implementation of the EZ FAFSA (Free Application for Federal Student Aid), a simplified format for use in applying for federal student aid, until the 2010-2011 school year.
 
Requires the Secretary to determine that an IHE's participation as an experimental site under the Quality Assurance program (which allows certain IHEs to implement their own comprehensive student aid management systems) is a success if such participation has reduced the IHEs administrative burdens and benefited its students, without creating costs for the taxpayer. Gives existing sites that have not yet been deemed successful until June 30, 2010, to reach that goal.
 
(Sec. 409) Makes certain rulemaking requirements and the master calendar of actions the Secretary must take regarding student aid inapplicable to amendments made by this title or regulations promulgated under such amendments. 
 

Title V: Developing Institutions
 - Makes a technical amendment to title V of the Act.
 

Title VI: International Education Programs
 - Makes technical amendments to title VI of the Act.
 

Title VII: Graduate and Postsecondary Improvement
 - Makes technical amendments to title VII of the Act.
 
(Sec. 701) Requires IHEs offering comprehensive transition and postsecondary programs for students with intellectual disabilities to integrate such students socially and academically with non-disabled students, to the maximum extent possible.
 

Title VIII: Additional Programs
 - Makes technical amendments to title VIII of the Act.
 
(Sec. 802) Makes technical amendments to the Higher Education Amendments of 1998 and the Education of the Deaf Act of 1986. 


Legislative actions:
action_date: 2009-07-01
text: Became Public Law No: 111-39.
action_date: 2009-07-01
text: Became Public Law No: 111-39.
action_date: 2009-07-01
text: Signed by President.
action_date: 2009-07-01
text: Signed by President.
action_date: 2009-06-26
text: Presented to President.
action_date: 2009-06-26
text: Presented to President.
action_date: 2009-06-23
text: Cleared for White House.
action_date: 2009-06-23
text: Motion to reconsider laid on the table Agreed to without objection.
action_date: 2009-06-23
text: On motion that the House suspend the rules and agree to the Senate amendment Agreed to by recorded vote (2/3 required): 411 - 0 (Roll no. 423). (text as House agreed to Senate amendment: CR H7102-7107)
action_date: 2009-06-23
text: Resolving differences -- House actions: On motion that the House suspend the rules and agree to the Senate amendment Agreed to by recorded vote (2/3 required): 411 - 0 (Roll no. 423).(text as House agreed to Senate amendment: CR H7102-7107)
action_date: 2009-06-23
text: At the conclusion of debate, the chair put the question on the motion to suspend the rules. Mr. Thompson (PA) objected to the vote on the grounds that a quorum was not present. Further proceedings on the motion were postponed. The point of no quorum was withdrawn.
action_date: 2009-06-23
text: DEBATE - The House proceeded with forty minutes of debate on H.R. 1777.
action_date: 2009-06-23
text: Mr. Hinojosa moved that the House suspend the rules and agree to the Senate amendment. (consideration: CR H7101-7108, H7111-7112)
action_date: 2009-06-23
text: Message on Senate action sent to the House.
action_date: 2009-06-23
text: Passed Senate with an amendment by Unanimous Consent.
action_date: 2009-06-23
text: Passed/agreed to in Senate: Passed Senate with an amendment by Unanimous Consent.
action_date: 2009-06-23
text: Measure laid before Senate by unanimous consent. (consideration: CR S6899)
action_date: 2009-06-23
text: Senate Committee on Health, Education, Labor, and Pensions discharged by Unanimous Consent.
action_date: 2009-06-23
text: Senate Committee on Health, Education, Labor, and Pensions discharged by Unanimous Consent.
action_date: 2009-03-31
text: Received in the Senate and Read twice and referred to the Committee on Health, Education, Labor, and Pensions.
action_date: 2009-03-30
text: Motion to reconsider laid on the table Agreed to without objection.
action_date: 2009-03-30
text: On motion to suspend the rules and pass the bill Agreed to by voice vote. (text: CR H4093-4099)
action_date: 2009-03-30
text: Passed/agreed to in House: On motion to suspend the rules and pass the bill Agreed to by voice vote.(text: CR H4093-4099)
action_date: 2009-03-30
text: DEBATE - The House proceeded with forty minutes of debate on H.R. 1777.
action_date: 2009-03-30
text: Considered under suspension of the rules. (consideration: CR H4093-4100)
action_date: 2009-03-30
text: Mr. Hinojosa moved to suspend the rules and pass the bill.
action_date: 2009-03-30
text: Referred to the House Committee on Education and Labor.
action_date: 2009-03-30
text: Introduced in House
action_date: 2009-03-30
text: Introduced in House

Enacted as: number: 111-39