An amendment numbered 26 printed in House Report 110-523 to help students and families plan financially for higher education by requiring that colleges provide information about the anticipated cost of a post-secondary degree. Institutions would have the option of offering either a multi-year tuition and fee schedule or a traditional, single-year tuition and fee schedule with a nonbinding, multi-year estimate of a student's net costs.

This amendment's own text couldn't be picked out of its Congressional Record passage, so the passage is shown in full.

COLLEGE OPPORTUNITY AND AFFORDABILITY ACT OF 2007

  The SPEAKER pro tempore. Pursuant to House Resolution 956 and rule
XVIII, the Chair declares the House in the Committee of the Whole House
on the state of the Union for the further consideration of the bill,
H.R. 4137.

                              {time}  1305


                     In the Committee of the Whole

  Accordingly, the House resolved itself into the Committee of the
Whole

[[Page H646]]

House on the state of the Union for the further consideration of the
bill (H.R. 4137) to amend and extend the Higher Education Act of 1965,
and for other purposes, with Mr. Pastor in the chair.
  The Clerk read the title of the bill.
  The CHAIRMAN. When the Committee of the Whole rose earlier today, the
gentleman from Texas (Mr. Hinojosa) had 10\1/2\ minutes remaining. The
gentleman from Florida (Mr. Keller) had 16 minutes remaining.
  Mr. KELLER of Florida. Mr. Chairman, at this time I yield 2 minutes
to the gentleman from New York (Mr. Fossella).
  Mr. FOSSELLA. I thank the gentleman for yielding.
  Mr. Chairman, I would like to call attention to two provisions in
this legislation, one in the manager's amendment and one in the
underlying legislation passed in the Education and Labor Committee. The
first provision allows colleges and universities to apply for a non-
Federal matching grant for fire prevention technologies through an
already established program via the Department of Education. These
funds will be used to professionally install fire prevention devices in
student housing, dormitories, and other buildings on campus. More
people are alive today, we know, Mr. Chairman, because of fire
detection, and this provision will help prevent fires in college
housing and save many lives in the process.
  We don't need to be reminded of, for example, Seton Hall University
several years ago that had a devastating fire in one of the college
buildings that resulted in student deaths. The last thing, I think, a
parent wants to discover or hear is that their child was injured or,
worse, killed in a fire while away at college.
  The other provision was included in the manager's amendment with the
help of Chairman Miller and Ranking Member McKeon. The provision will
provide colleges and universities with additional funds to acquire
security cameras, intrusion detection sensors, and other technologies
to protect students, faculty, and campus visitors. Allowing colleges
and universities the opportunity to use these funds will provide the
higher education community with a safer environment, again, one where
parents can go to bed at night not worrying whether or not their
children are safe so far away from home.
  As we all have colleges and universities, chances are, throughout the
country in our districts, whether St. John's University in Staten
Island or Wagner College, we all know that this funding and these
provisions will go a long way to help their campuses become more secure
and more safe.
  Mr. HINOJOSA. Mr. Chairman, I am pleased to recognize a very well-
recognized member of our Education and Labor Committee, the gentleman
from New York (Mr. Bishop) for 2 minutes.
  Mr. BISHOP of New York. I want to thank Chairman Miller and Chairman
Hinojosa and Ranking Member McKeon and Ranking Member Keller for their
good and bipartisan work on this bill. This is, in fact, a bipartisan
effort. It passed out of the Education Committee by a unanimous vote,
and I think that that suggests that this is a very good product. It
closely resembles the Senate bill, so we should be able to conference
it quickly, and it continues the strong work that this Congress has
done on a bipartisan basis to improve access and affordability for
higher education.
  We have twice now, on a bipartisan basis, saved the SEOG program and
the Perkins loan program. We have increased the Pell Grant maximum, and
we have cut interest rates in half.
  Let me just go over a couple of the high points of the bill.
  It strengthens the Perkins loan program, a loan program that the
administration seems determined to kill but has broad bipartisan
support in this Congress. We've increased the maximums that students
may borrow. We also have mandated that the assignment of the proceeds
of defaulted loans that are collected by the department will reverse
back to the campus revolving loan funds so that those loan funds will
remain fully funded. It increases the cohort default rate window so
that the default rate is now measured over a 3-year period as opposed
to a 2-year period. That will protect students and it will also provide
greater accountability and stewardship of taxpayer funds. It restricts
the Secretary's authority with respect to negotiated rulemaking on
accreditation standards, and this is important as many believe that an
effort is underway to federalize education, and we believe that these
aspects of higher education are best left to higher education
professionals. It reinstates the Federal role in supporting cooperative
education. It simplifies the FAFSA process. It has very clear language
on transfer of credit. And it incorporates the full provisions of our
Student Loan Sunshine Act.
  So from every vantage point, this is a first-rate piece of work, and
I urge my colleagues to support it.
  Mr. KELLER of Florida. Mr. Chairman, at this time I yield 3 minutes
to the gentleman from Pennsylvania (Mr. Tim Murphy).
  Mr. TIM MURPHY of Pennsylvania. I thank the gentleman for yielding.
  And I would also like to thank Chairman Miller and Ranking Member
McKeon for assistance in putting a very important part into this bill.
  Universities have no trouble finding parents when it comes time to
ask for the tuition check. And, sadly, schools can find parents when
tragedies occur, such as Virginia Tech, when it comes time to call a
parent to give them bad news on what happened to their student. But one
of the greatest fears parents have is their students' safety while they
are at the university or college. And a while ago, when a gunman killed
32 people and wounded others, it was just one of the tragedies that
occurs on campus. There are many other stories as well.
  In my district in Pennsylvania, Charles and Debi Mahoney lost their
son, Chuck, to suicide. And as he suffered from depression, his
fraternity brothers, his ex-girlfriend, and college therapist, et
cetera, all knew he was in danger and warned the college. But a legal
barrier under the Family Educational Rights and Privacy Act of 1974,
known as FERPA, prevented the school from notifying Chuck's parents,
who could have gotten him the help he needed.
  Unfortunately, Chuck's story is not unusual. Each day an average of
three college students commit suicide. While in college, 11 percent of
men and 9 percent of women consider suicide. While they may not all act
on their thoughts, we need to ensure schools are able to contact
parents to get them the help they need not only for the safety of the
child but also of others on campus.
  Parents may be in the best position to help students suffering from
significant mental illness by providing emotional support, medical
history, coordinating care with various mental health and medical
professionals, and long-term follow-up. Parents will be around long
after the school is gone.
  Today we are breaking down the legal barrier preventing schools from
communicating with parents. Section 865 of the bill before us today is
modeled after the Mental Health Security for America's Families in
Education Act, H.R. 2220, which I authored. It will prevent future
campus tragedies by requiring the Secretary of Education to clarify
FERPA so schools can contact parents when a student is at risk of
suicide, homicide, or physical assault. It will also protect schools
acting in good faith from liability.
  This is a good bill that will make college campuses safer. It will
give families peace of mind.
  Mr. HINOJOSA. Mr. Chairman, I am pleased to recognize a former
Cornell College professor and now member of the Education and Labor
Committee, the gentleman from Iowa (Mr. Loebsack), for 2 minutes.
  Mr. LOEBSACK. Mr. Chairman, I think I will probably speak just 1
minute, but thank you. I appreciate that very much.
  As a long-time political science teacher at Cornell College in Mount
Vernon, Iowa, I am proud to join in support of this bipartisan
legislation. I know the college system well. In addition to my teaching
experience, I have visited the colleges and universities throughout
Iowa's Second District. I have heard firsthand the struggles students
face. By expanding the year-round Pell Grant, the students I've met
with, especially at Iowa's community colleges like Kirkwood and Indian
Hills, will be able to expedite their studies, enter the workforce
sooner, and achieve the American Dream.
  I am also pleased to see many rural education provisions in this
bill. In

[[Page H647]]

Iowa, 46 percent of schools are in rural areas, and they serve close to
170,000 students. Iowa's rural education system is impressive, but we
should be doing more to give rural students the resources they need to
succeed.
  This legislation makes college more affordable and accessible to
students, and I strongly support it and in no small measure because,
again, of the bipartisan support that so many folks on this committee
have demonstrated.
  Mr. KELLER of Florida. Mr. Chairman, at this time I reserve the
balance of my time.
  Mr. HINOJOSA. Mr. Chairman, I am pleased to recognize my friend and
colleague, the gentlewoman from New York (Mrs. McCarthy) for 1\1/2\
minutes.

                              {time}  1315

  Mrs. McCARTHY of New York. I thank the gentleman from Texas.
  I stand in strong support of H.R. 4137, the College Opportunity and
Affordability Act. Our Nation's future is in our education, and we must
ensure our students have access to affordable higher education that
will prepare them to excel in the global economy. I want to thank
Chairman Miller and his staff for all the hard work that they did to
get this bipartisan bill out of committee and to the floor and also to
Ranking Member McKeon. I would also like to thank the chairman for
including some key priorities of mine.
  The legislation authorizes Project GRAD USA as an ongoing Federal
program. This national program has successfully increased the number of
low-income students to attend college and earn degrees. We are also
providing opportunities for nurses as our Nation faces a severe nursing
shortage by creating programs to increase the number of nursing
students and nurse educators. Degrees also from rabbinical schools
which will be able to continue to be recognized at the equivalency of a
bachelor's degree.
  We all understand the need for increased campus security. This
legislation will improve current campus safety policies to ensure
students are protected and will include improvements to emergency
response policies and whistle-blower protections for students.
  Career and technical schools will offer a great alternative to
traditional 4-year colleges and are especially helpful to students in
my district.
  By passing this bill, we will improve current law for career colleges
and technical school students by providing students with more
opportunity to attend these vital institutions and enter the global
economy with marketable skills.
  Mr. KELLER of Florida. Mr. Chairman, at this time I yield 3 minutes
to the gentleman from Connecticut (Mr. Shays).
  Mr. SHAYS. Mr. Chairman, I thank my colleague for yielding.
  I start with these basic truisms: that higher education is not a
luxury, it is a public good; that access to higher education is
critical for maintaining our global competitiveness; that many of our
economic competitors overseas invest more in higher education
institutions than we do; and that research shows that 80 percent of the
1.7 million new jobs expected to be created by the end of the decade
will be occupations requiring a higher-education degree.
  I believe the Federal Government has a significant role in the very
earliest part of a child's education, prekindergarten, providing grants
to incentivize our local communities to begin to think about educating
our very, very young, and that it has a requirement to make sure that
young people in our schools don't fall through the cracks or gaping
holes. But I am absolutely certain from my heart that the Federal
Government needs to play a much more significant role in higher
education.
  I, as a Member of Congress, have opportunities at community meetings
to meet with constituents like all of you do. And I will never forget,
about 5 years after I was elected, a young woman came to me and said, I
want to tell you a story, and I was waiting until my youngest brother
graduated from graduate school. She said, my father died when I was 12
years old, and I am the oldest of seven children. She said, my mother
was a school teacher. She said, my mother had one determination, that
we would all graduate not just with a university college degree but
with advanced degrees, all seven. And she said, just a few weeks ago,
my youngest brother did, in fact, graduate. She said, there is a doctor
of medicine in my family, a doctor of philosophy at a university, a
lawyer, a school teacher with advanced degrees, and I am forgetting the
other three what they had. But they all had advanced degrees. And this
was someone who knew the value of education, a school teacher.
  I am continually reminded about the impact of what we did with our
GIs after World War II and the stimulation this had for our economy.
And I think of countries like Ireland today that are providing free
education, advanced-degree education, and what it has done for their
economy.
  To end, this young woman with six younger siblings, all with advanced
degrees, said, I can't say they are happier, but I can tell you this,
that they have far more options, that their income is higher, they have
more choices, and they can make a greater contribution to society.
  I hope that we can continue to work on this legislation. I think it
is a major step forward.
  Mr. HINOJOSA. Mr. Chairman, I am pleased to recognize a distinguished
member of our Education and Labor Committee, Mr. Rob Andrews from New
Jersey, for 1\1/2\ minutes.
  (Mr. ANDREWS asked and was given permission to revise and extend his
remarks.)
  Mr. ANDREWS. Mr. Chairman, I congratulate Chairman Hinojosa, Chairman
Miller, Mr. Keller and Mr. McKeon for their excellent work on this
bill.
  In the global economic competition, the difference between winning
and losing is having skilled workers or not having skilled workers.
This bill takes a major step forward in making sure that we have
skilled workers, that America puts its best team on the field at all
times.
  There are two specific areas I commend the leadership of the
committee for including in this bill. The first has to do with autistic
men and women. A lot of autistic children make great strides in their
lives and they become very able, very empowered people. But then they
graduate from high school, and they age out of their education, and the
supportive, intensive learning environment that they need is very often
no longer there.
  This bill has provisions to help establish residential, high-quality,
post-secondary programs for autistic men and for autistic women.
  This bill says to the men and women who wear the military uniform of
our country that when they come back to campus, they will be welcome.
An anomaly in the existing law says that a young man or a young woman
who is deployed and goes overseas and fights for our country, when he
or she comes back, they may be treated as a returning student, has had
a gap in their student life, which means they go to the back of the
list for enrollment in special courses, for financial aid and for many
other purposes. This bill corrects that and recognizes that when a
young man or woman serves, they should be rewarded. We should all
support this bill on a bipartisan basis.
  Mr. KELLER of Florida. Mr. Chairman, at this time we will continue to
reserve the balance of our time.
  Mr. HINOJOSA. Mr. Chairman, at this time I am pleased to recognize
the honorable gentleman from Massachusetts, Congressman John Tierney,
for 2 minutes.
  Mr. TIERNEY. I thank the chairman.
  This is all about access and affordability. It is foremost in
people's minds, whether you speak to people in the business community,
you talk to academics or elected representatives or families and
students, they are talking about opportunity for individuals, talking
about the national economic security of this country and our need for
innovators, for leaders, for people in the science, technology,
engineering and math fields, and in business we are talking about
global competitiveness, the need to have people with more than just a
high school degree in order to lead our businesses and fill our jobs.
  This bill addresses these concerns, and it builds on last summer's
college cost reduction bill which put $20 billion in over the next 5
years, additional Pell Grants to get more students into college, and
reduction of loan interest

[[Page H648]]

rates so students will be able to afford those loans they were forced
to take.
  This present bill speaks to cost containment. It has a provision in
there for public higher education, for maintenance of efforts. This is
a partnership between the Federal Government, between families and the
students that are involved, and States. This maintenance of effort will
no longer allow States to supplant their obligation by taking Federal
aid or raising tuition and fees. They will have to step up to the plate
on a rather modest level required in order to get the benefit of
getting aid that other people would get.
  This bill also has a provision for all universities and colleges that
if they keep their tuition and fee increases below the higher education
price index, then they will be rewarded for additional grant money on
their campuses to distribute among Pell student recipients; and if they
make the promise over 5 years and keep it, they will get additional
bonuses as well.
  We have a ``service pays'' provision in there for people that are
going into public service jobs, from prosecutors to teachers going into
difficult areas, to health care and public health people, loan
forgiveness of up to $10,000 to smooth their way on that basis,
alternative paths to teaching. For those people that are in mid-career
and decide they want to teach, we have offered partnerships to make
that happen to enhance our Teacher Corps. We have endowment information
so we can find whether or not the public policy of allowing people to
not pay taxes if they donate to schools actually has a result of going
into education.
  All of these things are important. This is a good bill. We respect
the fact that it came out of committee in unanimous form, and we look
forward to support on the floor.
  Mr. KELLER of Florida. Mr. Chairman, at this time I yield 3 minutes
to the gentlewoman from Washington (Mrs. McMorris Rodgers).
  Mrs. McMORRIS RODGERS. Mr. Chairman, our economy is growing more
diverse and increasingly global. American competitiveness and ingenuity
is dependent on a skilled workforce that reflects the needs of our
economy.
  As the first in my family to graduate from college, I realize the
value and importance of a good education. It is the doorway to success
and a critical piece to making our country more competitive in a global
economy. Countless studies also detail how dramatically income
increases with each successive achievement in education from high
school, college, to advanced degrees.
  As someone who is still paying off student loans, I understand the
challenges faced by parents and children who watch the dramatic
increases in the cost of a college education. While I don't agree with
every provision in this bill, I am pleased that we have a bill that
aims to improve America's competitiveness, seeks to make college more
affordable, and cracks down on fraudulent practices of diploma mills
where people manufacture fake diplomas.
  First, this bill includes language that I have been working on for a
couple of years to improve our competitiveness. Today, we often hear
that over half of China's undergraduate degrees are in math, science,
or engineering. Unfortunately, only 16 percent of American
undergraduates pursue these fields. In 2002, foreign nationals
accounted for over half of all engineering and math doctorates and
almost half of all computer science doctorates.
  To meet the demands of an increasingly technological, advanced global
marketplace, we must improve the training and the education of our
Nation. Through the Byrd Honors Scholarships, we will refocus the
program to award graduate and postgraduate scholarships to U.S.
students studying math, science, engineering, or computer science
providing they agree to work in the field for 5 years following their
graduation. In addition, this bill includes a compromise to incorporate
adjunct content specialists into the Byrd scholarship program to
provide grants to schools to recruit adjunct content specialists from
experts in math, science, and critical foreign languages.
  I have worked diligently on this since coming to Congress. We need to
allow qualified professionals to take time out of their career and
enter the classroom and share the real-world experience. I believe our
education can be improved if we allow smart and successful people, like
a Bill Gates, to spend some time in the classroom.
  However, we are not simply seeing a shortage of engineers and
scientists. America must focus and train all demand skills, including
home-grown welders, plumbers, auto mechanics, lab technicians, doctors,
nurses, and pharmacy techs. In my eastern Washington district,
manufacturers are turning away job applicants because they do not have
the math skills needed.
  Mr. GEORGE MILLER of California. I yield 1 minute to the gentleman
from New Jersey (Mr. Pascrell).
  (Mr. PASCRELL asked and was given permission to revise and extend his
remarks.)
  Mr. PASCRELL. Mr. Chairman, I support H.R. 4137. It is a great piece
of legislation. I commend Chairman Miller and Ranking Member McKeon and
all the members of the committee. I think that this is truly visionary
with regard to the cost, restoring integrity and accountability, and
expanding college access.
  I am the first member of my family to have the opportunity to go to
college. I deeply appreciate what the committee has done. There is one
part of the bill I want to provide emphasis to and that is the fire
safety part. I have worked on this issue for over 7 years. I was deeply
involved in the issue after the horrific fire at Seton Hall University
in South Orange in 2000. We lost three students. Fifty-eight other
students were injured severely.
  This horrible tragedy made it clear that something needed to be done
to educate students, their families, the faculty and the staff about
the dangers of fires on campuses; and that is why I introduced the
Campus Fire Safety Right to Know Act. Parents and students have a right
to know about the school's campus fire safety policies and records.
  I ask full support of this legislation, and I thank the committee
members again for the great work they did.
  I rise today in strong support for the College Opportunity and
Affordability Act, H.R. 4137, and I commend Chairman Miller and Ranking
Member McKeon for bringing this worthy measure to the floor.
  This comprehensive, bipartisan bill will reauthorize the Higher
Education Act through FY 2012 while addressing concerns about the cost
of education, restoring integrity and accountability to student loan
programs, expanding college access and support for low income and
minority students, and strengthening our workforce and competitiveness.
  In addition, H.R. 4137 addresses an issue that I have made a priority
for over 8 years, which is vital to the safety and security of American
college students--fire safety on our college campuses.
  The statistics relating to fire safety on college campuses are
startling. Each year, thousands of fires rage through the campuses and
off-campus housing of our colleges and universities.
  I became deeply involved in the issue of campus fire safety after
experiencing the terrible aftermath of a catastrophic fire at Seton
Hall University in South Orange, New Jersey, in 2000. That fire killed
three young freshmen and wounded 58 other students in a dorm on campus.
   This horrible tragedy made it clear that something needed to be done
to educate students, their families, faculty, and staff about the
danger of fires on the campuses of our colleges and universities.
  As such, I introduced the ``Campus Fire Safety Right to Know Act,'' a
version of which is included in the bill we are considering today.
  The campus fire safety reporting requirement in H.R. 4137 mandates
that colleges and universities provide prospective and current students
and parents with a report of the school's campus fire safety policies
and records.
  Educating students about fire safety during their time in school will
have a strong impact on the choices they make in the future. If we can
influence what they learn, we can create a more fire-safe generation
for tomorrow and potentially save thousands of lives.
  I want to once again state my strong support for this legislation. As
the first member of my family to attend college, I applaud the Chairman
and Ranking Member for their dedication to making the dream of a
college education a reality for so many Americans who otherwise would
not have had that chance.

[[Page H649]]

                              {time}  1330

  The CHAIRMAN. The gentleman from Florida has 6\1/2\ minutes. The
gentleman from California has 1 minute.
  The gentleman from California has the right to close.
  The Chair recognizes the gentleman from Florida.
  Mr. KELLER of Florida. Thank you, Mr. Chairman.
  Let me just compare where we are today in Pell Grants versus where we
were in 2000 when I was elected to show you why I have so much optimism
about the good things being done in this bill and others.
  In 2000, there were 3.9 million students getting Pell Grants. This
year, 5\1/2\ million students are getting Pell Grants. In 2000, the
maximum award was $3,300 per student. This year, it is about 4,800 per
student, and based on the College Cost Reduction and Access Act that
President Bush signed into law in September, it is going to go up to
$5,400 in the next couple years. In 2000, our overall Pell Grant
funding was $7.6 billion. Now it is double that amount.
  We have made a substantial investment in the lives of these young
people to make sure that every single child in America, rich or poor,
has the opportunity to get a college education. We have reason for
optimism. We are working together in a bipartisan manner on these
higher education issues, and I urge my colleagues to support this
legislation.
  I reserve the balance of my time.
  Mr. GEORGE MILLER of California. I have 1 minute and I just have one
speaker left.
  Mr. McKEON. Mr. Chairman, I would be happy to yield 2 minutes to my
colleague on the other side, the gentleman from Wisconsin (Mr. Kind).
  Mr. KIND. Mr. Chairman, I thank my good friend and colleague from
California for yielding me time.
  Mr. Chairman, I rise in strong support of the reauthorization of the
Higher Education Act before us today. As a former member of the
Education and Workforce Committee, I am proud of the bipartisan work
that the committee has done on this legislation. In fact, it is one of
the most important pieces of legislation we will be considering all
year, because we are talking about access and affordability for more
for students to be able to go and develop the skills they need to be
competitive in the global marketplace.
  I also want to especially thank a number of individuals who helped
include in this reauthorization the Realtime Writers Act, which is
vitally important. In the 1996 Telecom Act, we mandated that every
television station had to have closed captioning for the hearing-
impaired community. The problem is we are not producing enough students
with those real-time captioning skills in order to meet that mandate.
  Furthermore, virtually every courthouse throughout America is
experiencing vast shortages of official court reporters, who are the
guardians of our public record, and yet we are not producing the
students in order to meet that pent-up demand and pursue that noble and
important career.
  I want to thank Representative Andrews, who was helpful in steering
this and making it a part of the Higher Education Act. Mr. Regula was a
cosponsor of the original legislation with me. Senator Harkin has been
the leader and champion on the Senate side to promote this bill. And I
thank them for their support as well as the terrific work of the
National Court Reporters Association in educating our colleagues.
  I also want to commend Representatives Hare and Loebsack for the
amendment that they offered and got adopted in this legislation that
would provide competitive grants for rural leadership training skills
for superintendents and principals throughout the country.
  As those on the committee are well aware, we are facing a demographic
challenge, with over 50 percent of the superintendents and principals
about to retire in this country in the next 5 years. Not only is
quality teaching in the classroom important, but also the quality of
leadership in schools and school districts around the country is
vitally important as to how well those schools are going to perform for
our students.
  So, again, I commend the committee for the work product that they
have before us today, the bipartisan work that they have been able to
do, and I encourage my colleagues to support this reauthorization.
  Mr. McKEON. Mr. Chairman, I yield myself the balance of my time.
  For years, Republicans have fought on behalf of students and families
to make college more affordable. Now our cause is bipartisan and our
vision for reform is the centerpiece of comprehensive Higher Education
Act reauthorization.
  For students and families grappling with rising college costs, this
bill establishes college affordability comparison tools to help put
cost increases into perspective. Students will be able to search, sort,
and compare key cost indicators for every school in the country. We
will identify institutions that are the most costly, the least costly,
and those with the fastest rising costs. And for schools engaging in a
pattern of extraordinary high cost increases, we demand greater
disclosure and concrete steps to identify inefficiencies and fix them.
This legislation reflects Republican principles for reform, including
financial aid simplification, protection of student privacy, safeguards
for taxpayer dollars, emphasis on competitiveness, and many more
positive reforms.
  We would not have this bill before us today without the hard work of
staff on both sides of the aisle. I want to thank Amy Jones in
particular for her tireless efforts to ensure this bill includes
meaningful college cost reforms. I also want to recognize Brad Thomas
and Susan Ross on my staff, along with outgoing staff director Vic
Klatt and his successor, Sally Stroup, a higher education policy expert
in her own right.
  I would also like to recognize Chairman Miller's staff, including
Gaby Gomez, Julie Radocchia, and Jeff Appel.
  Throughout the day, we will consider a number of amendments. Some
would make the bill stronger, while others are unquestionably bad
policy that would send us backward. However, it is the give-and-take of
a bipartisan legislative process that has produced the strong bill
before us, and I am hopeful that at the end of the day we will be able
to secure strong, bipartisan passage of this bill, to make our higher
education system more accessible and affordable.
  Mr. Chairman, I yield back the balance of my time.
  Mr. GEORGE MILLER of California. Mr. Chairman, I yield the balance of
my time to the gentlewoman from New Hampshire (Ms. Shea-Porter), a
member of the committee.
  The CHAIRMAN. The gentlewoman is recognized for 1 minute.
  Ms. SHEA-PORTER. I thank Chairman Miller for his leadership on this
bipartisan legislation.
  Mr. Chairman, I rise today to express my strong support for H.R.
4137, the College Opportunity and Affordability Act. Last year, the
Democratically led 110th Congress cut interest rates on student loans
in half over a 5-year period in order to help American families pay for
college.
  This year we have continued our commitment to the poor and to the
middle class by expanding college access. College loans are getting
more expensive. By working and through student loans, I was able to
attend college full time, but today, many students can only attend part
time because of financial or family obligations. They also have to
attend summer sessions so they can get through college more quickly.
This legislation will help them by expanding Pell Grant eligibility for
these part-time, year-round students.
  One of this Congress' priorities is to make it easier to earn a
college education. This legislation honors our commitment. As a member
of the Education and Labor Committee, I proudly support this
legislation and I urge my colleagues to do the same.
  Mr. SCOTT of Virginia. Mr. Chairman, I rise today in support of the
College Opportunity and Affordability Act of 2007. I would like to
thank Chairman George Miller, Ranking Member McKeon, Chairman Hinojosa,
and Ranking Member Keller for their work on this bill, which goes a
long way toward making higher education attainable for all.
  The College Opportunity and Affordability Act of 2007 contains
several helpful provisions for students. First, the bill increases the
authorized maximum Pell Grant award from

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$5,800 to $9,000. In addition, the bill further decreases student
interest rates. The bill also includes a feasibility study on giving
students more flexibility in refinancing their loans by making student
loans more like home mortgages, in which borrowers can switch back and
forth from variable rates to fixed rates as the market's conditions
change.
  H.R. 4137 increases support for Historically Black Colleges and
Universities and Minority Serving Institutions.
  This bill also helps schools affected by a disaster. An Education
Disaster and Emergency Relief Loan Program is created to provide
emergency loan funds to schools after a Federal declared major disaster
or emergency, including those schools affected by the 2005 Gulf
Hurricanes. Additionally, the bill requires the Secretary to create a
disaster relief plan for schools and LEAs adversely affected by
disasters.
  The College Opportunity and Affordability Act of 2007 also addresses
several additional critical issues. The bill provides loan forgiveness
for areas of national need, including early childhood educators, child
welfare workers, school counselors, and mental health professionals. In
addition, the bill creates a grant program, to help nonprofit
organizations, in collaboration with higher education institutions and
their students, that seek to promote cultural diversity in the
entertainment media industry. Finally, the bill creates a new
competitive grant program to strengthen and develop college-level
programs in the rapidly growing field of modeling and simulation.
  I am pleased that the bill also includes a study to be performed by
GAO on whether any race, ethnicity, or gender biases are present in the
design of standardized tests used for admission to institutions of
higher learning. This language should enable GAO to acquire data from
the testing companies because of the link between the tests and the
federal money that the schools receive who use these admissions tests.
  H.R. 4137 also seeks to make campuses more safe by creating a
National Center for Campus Public Safety to train campus public safety
agencies, encourage research to strengthen college safety and security,
and serve as a clearinghouse for the dissemination of relevant campus
public safety information. The bill also requires the Department of
Education to conform hate crime reporting requirements to FBI
guidelines to more accurately report incidents of hate crimes on our
campuses.
  Finally, the bill includes several positive changes to the TRIO
programs, which provide assistance to low-income and first generation
college-going students. The bill eliminates unreasonable evaluation
requirements imposed on Upward Bound programs by the Department of
Education without requiring a recompetition. In addition, the bill
creates an appeals process for TRIO programs to ensure that the
grantmaking process is fair and equitable.
  One item not addressed in H.R. 4137 is the provision under current
law that prohibits students who are convicted of certain drug offenses
from receiving federal student financial aid. This provision unfairly
targets poor and minority students, increases long-term costs to
society, creates double jeopardy for students who have already paid
their debt to society, and lacks evidence of effectiveness. For these
reasons and others, I hope that we can address this critical access
issue as this bill moves through the legislative process.
  For the foregoing reasons, I support the bill and urge my colleagues
to support it.
  Mr. HOYER. Mr. Chairman, today--in a bipartisan vote--this House will
pass critical legislation designed to expand college access and to make
higher education more affordable for millions of American students.
  This legislation, the College Opportunity and Affordability Act,
builds on the College Cost Reduction Act--legislation enacted last year
that, among other things, increased the maximum Pell Grant to $5,400
over five years and cut interest rates in half on subsidized student
loans, saving the average student $4,400 over the life of the loan.
  There is a direct connection between our Nation's future prosperity
and our ability to compete and succeed in a global marketplace that now
relies more on brains than brawn. An educated workforce is absolutely
indispensable in this information age--and this legislation represents
an important step in expanding college access to more Americans.
  In particular, I want to thank Chairman Miller, Ranking Member McKeon
and the members of the Education and Labor Committee for their hard
work on this bill, which was reported out of committee on a 45 to 0
vote.
  This legislation reauthorizes the Higher Education Act through fiscal
year 2012, and, among other things, it will encourage colleges to rein
in price increases, providing incentives--such as additional need-based
aid--to colleges to hold down price increases. It also will require the
Department of Education to create ``higher education price increase
watch lists'' that report the full price of tuition and fees, as well
as the cost of room and board for students living on campus. And, it
seeks to restore integrity and accountability to the student loan
program, requiring institutions and lenders to adopt strict codes of
conduct, and providing students with full and fair information about
their borrowing options.
  Furthermore, this bill will make textbook costs more manageable by
providing students with advance information on textbook pricing so that
they can plan for expenses and by ensuring that colleges and faculty
have full textbook pricing information when making purchasing
decisions.
  Just today, the Washington Post noded in an editorial: ``Textbook
prices have been rising rapidly in recent decades, increasing at more
than 2\1/2\ times the rate of inflation from 1986 to 2004, according to
a Government Accountability Office report.'' The Post continued: ``At
the University of Maryland at College Park, the average student spends
more than $1,000 a year on textbooks--equal to 20 percent of tuition.''
  Mr. Chairman, it not only is imperative to expand college access, but
also to do what we can to ensure that our students do not graduate with
crushing debt that haunts them for decades.
  In addition, this important bill will make college more affordable
for low-income and non-traditional students by allowing students to
receive Pell Grant scholarship aid for the entire year. The bill also
creates a new scholarship program for active duty military personnel
and family members, including children and spouses of active duty
military service members and veterans.
  Finally, let me say that I am pleased that this legislation includes
provisions that Congressman Berman and I worked on that require
institutions to disclose to students and employees their policies
related to copyright infringement and a description of actions that
institutions take to prevent and detect illegal file sharing.
  Mr. Chairman, this a good, thoughtful piece of legislation. And, I
urge members on both sides on the aisle to vote for it.
  Mr. HARE. Mr. Chairman, I rise today in strong support of H.R. 4137,
the College Opportunity and Affordability Act. As a member of the House
Education and Labor Committee, I had the privilege of working on this
legislation, which will have a large impact on the students, veterans,
and workers in the rural communities of my Congressional district.
  Today's legislation includes several provisions I authored to
increase enrollment of graduates from rural high schools in
institutions of higher education, help rural schools recruit qualified
teachers and administrators, and develop a strong workforce in rural
America.
  One-third of K-12 schools in the United States are located in rural
areas and are responsible for educating almost 10 million children.
Unfortunately, these schools struggle to recruit highly qualified
teachers, putting our rural students at a disadvantage.
  Teachers in rural schools often teach several subjects to multiple
grade levels and play many different roles in the school, such as
counselor, coach, lunchroom attendant, janitor, administrator, and
others. Therefore, in order for rural schools to recruit qualified
teachers, colleges of education must teach students the skills needed
to work in rural America. My provision achieves this goal by providing
incentives to colleges of education to add a rural focus to their
curriculum, and encourage students to complete their required student
teaching hours in rural schools.
  I am also proud that Title VIII of the bill includes the College and
University Rural Education (CURE) Act, which I introduced with my
colleagues, Representatives David Loebsack and Zack Space. A variety of
studies show that fewer high school graduates from rural schools
continue on to college than from suburban schools. This unfortunate
reality leads to difficulties in training a qualified workforce in
rural America.
  Now, more than ever, our Nation needs a skilled workforce of
teachers, health care workers, information technologists, and engineers
willing to live and work in rural communities in order to create and
support a competitive workforce, and to enhance the quality of life for
Americans living in rural areas.
  The CURE Act responds to this call by establishing three grant
programs to increase enrollment of rural high school graduates in
institutions of higher education; increase economic development
partnerships to create an employment pipeline from higher education
institutions to the workforce; and increase the quality of life in
rural areas by providing training for professions of need in rural
areas.
  Finally, I am pleased today's bill includes another provision I
developed to help the dislocated workers of Galesburg, IL, and other
trade impacted communities across the Nation. This provision allows
workers to indicate on the Free Application for Federal Student Aid
(FAFSA) that they have lost their job and would like to use current
year income when applying for financial aid. This will ensure that

[[Page H651]]

dislocated workers receive appropriate financial support, directly
resulting in greater access to training opportunities for workers who
lost their jobs.
  The College Opportunity and Affordability Act builds upon the work we
started in the College Cost Reduction and Access Act to make college
more affordable and accessible to all Americans. I thank Chairman
Miller and Ranking Member McKeon for their leadership in moving these
bills through our committee and quickly to the floor. I urge all my
colleagues to support the Manager's Amendment and underlining bill.
   Mr. SESSIONS. Mr. Chairman, I rise today in support of the expanded
access to higher education that individuals with intellectual
disabilities will have under the College Opportunity and Affordability
Act being considered on the House floor today.
  As many of my colleagues know, my son Alex, who just turned 14, has
Down syndrome. As a student at J.L. Long Middle School in Dallas,
Texas, Alex has made significant academic progress and received many of
the same education opportunities as his peers as a result of the
Individuals with Disabilities Education Act. While IDEA will provide
invaluable education for Alex throughout his K-12 education, I also
realize that IDEA will not be there to serve his needs after high
school.
  Currently, the education opportunities for most individuals with
intellectual disabilities end with secondary school. Unfortunately,
most remain unemployed and completely dependent.
  As the parent of an individual with intellectual disabilities, I have
worked to ensure that individuals with disabilities have access to the
resources and opportunities to develop self-reliance and life skills,
enabling them to achieve their potential and to contribute to our
communities.
  Mr. Chairman, in 2006, I authored legislative language to grant
students with intellectual disabilities access to Federal work study
funds for enrollment in comprehensive post-secondary education
programs.
  I am very pleased that the College Opportunity and Affordability Act
not only includes my work study language, but it also builds on those
efforts by providing access to Pell Grants and Supplemental Education
Opportunity Grants. By providing access to Federal student aid, we will
be empowering individuals with intellectual disabilities across our
Nation to learn, develop, and achieve to the best of their abilities.
  Additionally, I am pleased that this legislation will establish a
model education demonstration for a comprehensive transition and post-
secondary program for students with intellectual disabilities. By
awarding competitive grants to higher education institutions, the
development of this model demonstration will establish important first
steps for the creation and expansion of additional transition and
postsecondary programs for students with intellectual disabilities
across our Nation.
  To ensure the integrity and success of these groundbreaking programs
for students with intellectual disabilities, this legislation also
authorizes a coordinating center that will provide technical
assistance, evaluation, and recommendations for the development of
accreditation standards.
  Mr. Chairman, the establishment of these vital programs will
represent a historic victory not only for individuals with intellectual
disabilities, but also for their families and for the educators and
advocates who have worked diligently to establish these post-secondary
education opportunities.
  In particular, I would like to recognize Stephanie Lee and Madeleine
Will with the National Down Syndrome Society for their invaluable
expertise and support to ensure that dreams of student aid and
transitional education programs for individuals with intellectual
disabilities become a reality.
  Today, we can ensure that individuals with intellectual disabilities
have access to the educational resources and opportunities that can
enable them to lead a very fulfilling life.
  Mr. FARR. Mr. Chairman, I rise today in strong support of H.R. 4137,
the College Opportunity and Affordability Act of 2007 and the manager's
amendment offered by House Education and Labor Committee Chairman,
Representative George Miller.
  It is globally accepted that the higher education system in the
United States is the envy of the academic world. Paths to college often
have different origins but always have the same destination, to
enlighten our minds and expand our horizons.
  A path that often goes unnoticed but traveled by a hidden portion of
our population is the path of those with dyslexia. Dyslexia is often
the butt of many jokes, but for those affected by it, it is anything
but funny. Reading and writing are two fundamental skills that are
essential to how we learn from the time we enter school to the end of
our lives. For people who suffer from dyslexia, like myself, our
ability to learn by traditional teaching methods is more challenging,
and dyslexic children often fall behind at an early age. Imagine trying
to follow along with your classmates and simply not understanding why
you cannot read at the same level as everyone else. Being young, you
don't know that you have this condition. Your teacher, who has not been
trained to identify dyslexia, assumes that you may be slow or lazy. The
longer the problem goes unidentified, the greater the challenge to
overcome and adapt. As a young child with dyslexia, I quickly lost
interest in school and became a class disruption. If it had not been
for a science teacher who encouraged my interest in the sciences, who
knows where I would be today? In science I had the opportunity to learn
with my hands and not solely through a bunch of jumbled words in a
textbook. This newfound appreciation for learning spilled over into
other subjects and inspired me to succeed every day. Most students with
dyslexia go unidentified and are more likely to struggle in early
grades, which may mean they stay back a grade, lose interest in their
studies, can become increasingly disruptive in class and may be sent to
alternative schools for troubled youths or special education classes.
All this because our teachers are not trained to recognize dyslexia in
the classroom.
  As part of the manager's amendment to H.R. 4137, a study by the
Center for Education at the National Academy of Sciences will examine
teacher education programs at institutes of higher education to
determine if teachers are adequately prepared to meet the needs of
students with reading and language processing challenges, including
dyslexia.
  For too long, the Department of Education has resisted efforts to
increase awareness and training for students with dyslexia. We owe it
not only to our children but also to our teachers and parents to fully
recognize dyslexia as an impediment to accessing their full potential.
A simple recognition of this condition can change a child's life
forever and help set them on a path to be a productive member of
society. I was lucky, but a good education policy should not be based
upon a collective crossing of fingers.
  Mr. Chairman, I again urge my colleagues to vote in favor of H.R.
4137 and the manager's amendment offered by the House Education and
Labor Committee Chairman, and my good friend, Congressman George
Miller.
  Mr. WILSON of South Carolina. Mr. Chairman, I rise today to bring
attention to an anomaly in Federal higher education policy that I have
been trying to fix. It has been Federal policy for many years to
provide incentives to individuals to work in either high-growth
professions, high-need areas, or both. These incentives have included a
variety of loan forgiveness and loan cancellation programs. In fact,
this chamber just created a new program for public sector employees
last year.
  The Federal Perkins Loan Program is a relatively small student loan
program targeted at low-income individuals. It provides these
individuals with low fixed-rate student loans. Additionally, the
Federal Government is willing to cancel these particular loans for
borrowers who work in high-growth professions and/or high-needs
settings for at least 5 years.
  Unfortunately, when my office examined the Federal Family Education
Loan Program and the Direct Loan Program to see if these programs were
treating their borrowers in a similar fashion, we found
inconsistencies. One such inconsistency is the fact that individuals
who borrow Perkins Loans, obtain a degree in speech-language pathology,
and work in a Title I school for 5 years can seek to have a portion of
their loan cancelled. The net result is an increase in individuals
providing necessary services to children who require specialized care.
However, both the FFEL and Direct Loan programs do not treat school-
based speech-language pathologists like their special education teacher
colleagues with whom they work side-by-side with as they provide
valuable education services to children with disabilities. The teachers
receive the incentive; the speech-language pathologists do not.
  Four years after the re-authorization of the Individuals with
Disabilities Education Act, while we are in the midst of a re-
authorization of the No Child Left Behind Act, and while we know how
critical the academic performance of children with disabilities affects
a school or school district, I think it is unwise and unfair to deprive
these children of the opportunity to receive the special education
services they need to succeed.
  I will work with my colleagues on the House Education and Labor
Committee and our counterparts in the Senate to try to resolve this
matter. I look forward to discusing this matter with them as we proceed
to a conference with the Senate.
  Mr. CONYERS. Mr. Chairman, I rise today in support of the
reauthorization of the Higher Education Act, H.R. 4137. In passing this
reauthorization today, the 110th Congress is once again demonstrating
its commitment to strengthening America's economy by increasing access
to higher education.

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  In the lead-up to the 2006 election Democrats made a pledge to make
increased access to a quality education a priority in the 110th
Congress. The passage of this reauthorization today is just the latest
example of our making good on this promise.
  Titled the College Opportunity and Affordability Act, H.R. 4137
reauthorizes one of President Lyndon Baines Johnson's key Great Society
programs, the Higher Education Act of 1965. The purpose of this
legislation from the outset always has been to strengthen the
educational resources of our colleges and universities and to provide
financial assistance for students in postsecondary and higher
education. H.R 4137 builds on this strong foundation.
  A college education continues to be the best path to enter the middle
class. But ever-increasing tuition costs and other obstacles are
putting a college degree further out of reach for America's students.
In addition to rising tuition, students and their families face an
overly complex federal student aid application process and a student
loan industry tainted by conflicts of interest and mired in corrupt
lending practices. H.R. 4137 addresses these problems by encouraging
colleges to rein in price increases, ensuring that states maintain
their commitments to higher education funding, and providing students
and families with consumer-friendly information on college pricing and
the factors driving tuition increases.
  The legislation strengthens provisions previously approved by the
House to avoid conflicts of interest in the student loan programs. The
bill's new provisions also include requiring better consumer
disclosures and protections on private student loans.
  In the first 50 legislative hours of the 110th Congress, the
Democratic majority in the House of Representatives passed H.R. 5, the
College Student Relief Act, which cut the interest rates in half on
certain subsidized student loans over the next five years. In July 2007
we passed H.R. 2669, the College Cost Reduction Act, the single largest
increase in college aid since the GI bill. Today, with H.R. 4137, the
College Opportunity and Affordability Act, we build on these efforts
and once again demonstrate that the 110th Congress is building a better
future for all Americans.
  Ms. JACKSON-LEE of Texas. Mr. Chairman, I rise today in strong
support of H.R. 4137, the College Opportunity and Affordability Act,
introduced by my distinguished colleague from California,
Representative George Miller. This significant piece of legislation
provides greater access to colleges and universities, making higher
education affordable for all Americans, not just the wealthy.
  A quality education continues to be the best pathway to social and
economic mobility in this country. As a Member and Senior Whip of the
Congressional Black Caucus, I have consistently advocated for the
maintenance of Historically Black Colleges and Universities. This
legislation will increase funding to Historically Black Colleges and
Universities, as well as Hispanic and other minority-serving
institutions, and it will expand college access and support for low-
income and minority students.
  This legislation contains provisions allowing students to receive
Pell Grant scholarships year-round, and it increases the Pell Grant
maximum to $9,000. In addition, it strengthens college readiness
programs, namely the TRIO and GEAR UP college readiness and support
programs for low-income and first-generation students. These increases
will expand college access for low-income and minority students.
  In Texas, over 87,000 African-Americans are incarcerated compared to
approximately 48,000 African-Americans attending college or university.
The disparity between the percentages of our youth in prison versus the
number of young people in college, particularly in the African-American
community, is disturbing to say the least. Higher education continues
to be one of the main pathways to social and economic mobility,
particularly in the African-American and Hispanic communities.
  Mr. Chairman, this legislation contains important provisions opening
up even wider opportunities for our veterans. Our own Congressman
Charles Rangel was enlisted in the Army before even finishing high
school. Through the G.I. Bill, he obtained his bachelor's degree and
eventually his law degree to become Chairman of Ways and Means. H.R.
4137 goes beyond what the G.I. Bill did for Chairman Rangel, increasing
college aid and housing aid for not only veterans, but their families.
  This legislation creates a new scholarship program for active duty
military personnel and family members, including children and spouses
of active duty military service members or veterans. It establishes
support centers to help veterans succeed in college and graduate.
Finally, it ensures fairness in student aid and housing aid for
veterans, making it easier for them to attend college while also
fulfilling their military service duties.
  Mr. Chairman, I would also like to express my strong support for an
amendment introduced by my distinguished colleague, Congressman Danny
Davis, restoring safeguards to student loan borrowers. Mr. Chairman,
students who take out loans borrow money as part of their pursuit to
better themselves and contribute to the advancement of our Nation and
economy. However, current bankruptcy laws apply the same severe
standards to student borrowers that it applies to those trying to
escape child support payments, alimony, overdue taxes, and criminal
fines.
  I do not believe those of our sons and daughters should be punished
for trying to get an education. All student loans are currently non-
dischargeable in bankruptcy, except in cases on a judicial finding of
undue hardship (an extremely difficult standard to meet). Under Mr.
Davis's amendment, government student loans and loans made by nonprofit
entities would remain non-dischargeable; other student loans, made by
for-profit banks and other lenders, would continue to be non-
dischargeable for the first five years after they come due, and after
that time they would be treated like other unsecured consumer loans in
bankruptcy. Mr. Chairman, I strongly urge my colleagues to support this
amendment, and to work to restore bankruptcy protection to private
student loans.

  Understanding the federal application for federal student aid can be
challenging and complex even for the most knowledgeable parent. The
College Opportunity and Affordability Act would streamline and simplify
the application process giving families the tools they need to properly
plan for their college expenses.
  This legislation will reform our higher education system ensuring
students and their families have the information they need to
understand their borrowing options when applying for federal and
private loans.
  Mr. Chairman, as an active member of the Committee on Homeland
Security, I am extremely supportive of the provisions in this
legislation that boost campus safety and disaster readiness plans. Last
year's tragedy at Virginia Tech has illustrated the horror to which
students might be exposed, and natural disasters in recent years have
underlined the necessity of having campus disaster plans.
  This legislation helps all colleges develop and implement state-of-
the-art emergency systems and campus safety plans, and it requires the
Department of Education to develop and maintain a disaster plan in
preparation for emergencies. In addition, this legislation creates a
National Center for Campus Safety at the Department of Justice to work
in collaboration with the COPS program. Finally, it establishes a
disaster relief loan program, to help schools recover and rebuild in
the event of a disaster.
  The cost of higher education has risen to the point that it has
affected our workforce and our public service sectors. This country
needs firefighters, public defenders, law enforcement officials, and
educators just as much as it needs doctors and investment brokers. H.R.
4137 would encourage students to enter vital public service jobs by
authorizing up to $10,000 in loan forgiveness.
  This important piece of legislation gives our youth, our veterans,
and our families the opportunity to not only dream of attending college
but actually realize that dream. I urge my colleagues to join me in
supporting H.R. 4137.
  Mr. REICHERT. Mr. Chairman, in today's global, highly competitive
economy it is imperative that we create new opportunities for our
children and ensure that all students, no matter their age, income, or
race, have access to quality, affordable education. I am pleased to
rise in support of this important legislation and I'd like to thank
Chairman Miller and Ranking Member McKeon for bringing this bipartisan
bill to the floor so that we may finally make the dream of college a
reality for all children.
  Last year, an overwhelming majority of my colleagues joined me in
supporting the College Cost Reduction Act, which the President signed
into law. This was a good first step to addressing the rising cost of
college but today we have an opportunity to do so much more.
  Education is the lifeblood of a free and democratic society. We have
a responsibility to the future prosperity of this great Nation and the
rest of the world to ensure that our children have access to the very
best education possible--which means controlling costs, strengthening
our standards, promoting excellence, and creating new opportunities for
previously disadvantaged children. Increasing the maximum Pell Grants
and making them available year-round will go a long way towards
accomplishing this goal.
  Finally, Mr. Chairman, if we are to remain a global economic leader
we must continue to invest in science and math education. The
foundation of innovation lies in a motivated and well-educated
workforce equipped with science, technology, engineering, and math
skills. While the U.S. is supporting math and science, the rest of the
world is not standing still and many countries are working hard to
build their own innovation capacity.
  Our inability to provide our students with a premiere or even a basic
education in math

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and science is a threat not only to our economic security, but also to
our national security. The Hart-Rudman Commission was convened in 1998
to take a look at threats facing our country's national security over a
25-year period. The final report, released in early 2001, received
national attention after 9/11 because it stated that the number one
threat facing our country was terrorism, and it predicted that an
attack was likely to take place on U.S. soil. But what is not as well
known is that the report stated the second biggest threat to our
national security was our Nation's inability to educate our own
children in math and science. It called for a ``recapitalization''
effort. Our Nation has benefited and has been living on the
intellectual capital that was driven to our shores by Nazism, Communism
and poverty in the 20th century. But now, in a global economy, we can
no longer rely on the world's minds coming to our country. And this
trend coupled with our own deficiencies in education has created a
crisis that, according to this report, reaches national security
proportions of the highest magnitude.
  A great real-world example exists in my own district in Washington
State, which exemplifies the importance of science and math education.
My district is home to several high-tech companies, including
Microsoft. In order to ensure the continued success of Microsoft and
other similarly situated companies, we must take steps now to fix our
failing math and science programs to make certain they're able to hire
the very best and brightest and we don't have to rely on a failing
immigration and visa program to coax highly skilled and trained workers
from overseas.
  I believe we need to continue to emphasize math and science
throughout a child's education. During a speech before the National
Governor's Association at their 2005 Achieve Summit, Microsoft Chairman
Bill Gates said, ``In math and science, our 4th graders are among the
top students in the world. By 8th grade, they're in the middle of the
pack. By 12th grade, U.S. students are scoring near the bottom of all
industrialized nations.'' The need for serious attention and
improvements to our math and science education is clear. I am happy to
see the committee begin to address this need today through
scholarships, grants, and incentive programs to encourage students to
pursue careers in math and science.
  Every parent wants their child to grow up to have more opportunities
and a better life than they had. Providing our children with access to
a higher education is integrally linked to the future economic, social,
and cultural health of our democracy. I urge all my colleagues to stand
up for our children and their future and join me in supporting this
legislation.
  Mr. ETHERIDGE. Mr. Chairman, I rise in support of this fine
legislation, and I urge my colleagues to join me in voting to pass it.
This is a good bill, and I commend the bipartisan work of the Education
and Labor Committee under the leadership of Chairman George Miller and
Ranking Member Buck McKeon.
  H.R. 4137 will renew and reauthorize the Higher Education Act for the
first time in 10 years. This legislation will expand college access for
low-income and minority students by allowing students to receive year-
round Pell Grant scholarships and strengthening college readiness
initiatives as well as increasing the authorized Pell Grant maximum to
$9,000. The bill will streamline the federal student financial aid
application.
  In addition, H.R. 4137 will create Community Colleges as Partners in
Teacher Education grants which will provide needed support to establish
teacher education efforts that are aligned with four-year institutions,
so students can transition seamlessly from community college to four-
year schools. The bill will provide further assistance to community
colleges in critical areas such as remedial education, rural
development, and nursing education. And H.R. 4137 will make textbook
costs more manageable for students by helping them to plan for textbook
expenses in advance of each semester.
  I also support several useful floor amendments to the bill that will
further strengthen this legislation, including the Managers amendment
containing the Davis amendment to create a new masters assistance
program for HBCUs, including Fayetteville State University in my
Congressional District. I also support the Doggett amendment to enable
data-matching between the IRS and the Department of Education for the
purposes of calculating the Expected Family Contribution when
processing financial aid. I support the Edwards/Boyda amendment to
provide for in-state tuition for soldiers' dependents like so many
families of soldiers at North Carolina's Fort Bragg. And I support the
Shuler amendment to authorize a competitive grant program through the
Department of Education that would allow institutions of higher
education to create longitudinal data systems to efficiently and
accurately manage, analyze, disaggregate and use individual student
data.
  Finally, Mr. Chairman, as the first member of my family to graduate
from college, I know firsthand that affordable access to higher
education is the key to the American Dream for working families. I am
pleased to support this legislation, and I urge my colleagues to join
me in voting to pass it.
  Mr. VAN HOLLEN. Mr. Chairman, we all know that paying for college is
often a daunting task for our Nation's students and families. It can
sometimes be difficult to calculate the full costs and find ways to
meet them. Far too many students graduate with too much debt--debts
that can limit their choices and strain their finances. I am proud that
this Congress has focused significant attention on this issue.
  Last year this Congress passed the largest increase in student
assistance since the Montgomery G.I. Bill. That increase was fully paid
for by reducing subsidies to banks and lenders. Today, we continue our
commitment to increasing access to higher education with the College
Opportunity and Affordability Act.
  This bill provides transparency and clarity in the often-confusing
process that students and families face as they decide how to pay for
college. It simplifies the Free Application for Federal Student Aid
process and creates a shorter form for low-income families. It
instructs the Secretary of Education to create a user-friendly website
that centralizes information about schools and costs. It also makes
sure that students and parents get easy-to-understand information about
the terms and conditions of both federal and private loans.
  The College Opportunity and Affordability Act also includes
provisions from the House-passed Student Loan Sunshine Act, which
requires schools and lenders to adopt strict codes of conduct to avoid
conflicts of interest and protect students from aggressive lending
practices.
  Today's bill also furthers our Competitiveness Agenda, begun with the
America COMPETES Act last year, by creating programs to recruit new
science and technology teachers and collaborate with the business
community to improve science, technology, engineering and math (STEM)
and foreign language education.
  It continues our commitment to our Nation's military, creating new
scholarships for active duty personnel and their families, providing
support for veterans at college, and ensuring that they have fair
access to student and housing aid.
  I thank the chairman and ranking member for including many of the
provisions from the Teach for America Act, a bill that I introduced
last year with Mr. Castle, Ms. DeLauro, Mr. Regula, and Mr. Sarbanes.
These provisions, combined with the amendment to clarify specific
authorizing amounts that Mr. Castle and I offered today, will allow
Teach for America to expand its reach with 8,000 corps members serving
680,000 children in 33 regions around the country.
  Mr. Chairman, this bill will increase transparency, put more
qualified teachers in our classrooms, and open the doors to college to
our Nation's children. I urge my colleagues to join me in supporting it
today.
  Mr. AL GREEN of Texas. Mr. Chairman, I would like to express my
support for H.R. 4137, the College Opportunity and Affordability Act of
2007.
  With each passing day, a college education becomes increasingly
important for the success of our workforce while simultaneously
becoming more expensive and unattainable. H.R. 4137 would address this
unfortunate trend by making a quality post-secondary education more
affordable and accessible for all Americans. This legislation includes
a number of commendable provisions that will help to reform our higher
education system so that it can better serve the needs of students and
their families. It offers a comprehensive approach to reducing
educational expenses and provides targeted support to groups with the
greatest need.
  I am particularly pleased with the efforts that have been made to
increase access for low-income and minority students. The bill allows
Pell grants to be made available based on a year-round enrollment
schedule so that low-income and non-traditional students will have the
flexibility and resources to obtain a college degree. Additional
provisions in the bill will expand funding for minority-serving
institutions such as Historically Black Colleges and Universities.
There are also measures designed to strengthen the GEAR UP and TRIO
college readiness programs so that low-income and first generation
students will be adequately prepared.
  If we truly wish to enable our students to achieve their full
potential, we must not let them be confined by their financial
limitations. I support the College Opportunity and Affordability Act so
that all Americans will be able to pursue a higher education and
achieve the American Dream.
  Mr. TIAHRT. Mr. Chairman, I rise today to offer my support for H.R.
4137, the College Opportunity and Affordability Act. This bill takes
significant steps to make the dream of a college education a reality
for America's young people, and I am very pleased that we are
considering it today. H.R. 4137 addresses

[[Page H654]]

a number of aspects of higher education, but there are two provisions
in particular that I would like to commend.
  First, I am pleased with the inclusion of section 706, which
establishes grants for urban-serving universities. Our cities are
facing unique challenges that require solutions that are tailored to
their needs. Urban secondary schools have higher dropout rates and
lower test scores than their suburban and rural counterparts. Urban
schools struggle to recruit and retain teachers, especially in areas
like mathematics and science. A larger proportion of urban populations
are uninsured or under-insured. Urban research universities, like
Wichita State University in my district, are well positioned and
equipped to find real, meaningful solutions to these issues. They are
uniquely qualified to train teachers for urban classrooms. They are
able to use their strategic location to develop community-academic
partnerships to develop effective treatments for diseases in urban
populations, and rectify health disparities in their communities. The
magnitude of these issues requires an investment by the Federal
Government to encourage urban universities to coordinate, evaluate, and
disseminate solutions to key urban problems related to education,
community revitalization, and health and quality of life. The grant
programs in section 706 are a solid first step towards this end.
  Secondly, I am pleased with the promotion of Science, Technology,
Engineering, and Mathematics, STEM, fields. Success in these fields is
critical to the continued economic dominance that the United States
currently enjoys. The United States has the No. 1 economy in the world.
For almost two centuries, we have been the envy of the world--a dynamic
economy, a hardworking, motivated workforce, truly the land of
opportunity where innovation has thrived. That status is changing,
however. While our education system is languishing, especially in STEM
fields that are so critical to our continued economic growth, China,
India, and other nations are preparing for the future. They are
educating their students in math, science, and technology and pumping
out record numbers of engineers. Language included in this bill will
help American students keep pace with their international counterparts.
  I urge my colleagues to support these measures in particular, and the
underlying bill.
  Mr. MORAN of Virginia. Mr. Chairman, I want to thank the chairman and
his staff for including the Moran-Shays amendment in the manager's
package of the College Opportunity and Affordability Act. For some
time, Mr. Shays and I have been concerned with maintaining the strength
of our Nation's public service. This amendment lays an early foundation
for a greater Federal role in encouraging and facilitating public
service.
  The Moran-Shays amendment will bring together the experts in the
field of public service to study how student loan debt affects the
decisions of graduates of postsecondary and graduate education programs
to enter into public service careers. Specifically, the study assesses
the current challenges to recruiting and retaining well-qualified
public servants, evaluates existing Federal programs and whether
additional Federal programs could increase the number of graduates who
enter careers in public service, and recommends pilot programs,
including the establishment of a public service academy, to encourage
careers in public service.
  The new century has brought immense challenges that require strong
and prepared public institutions. On the eve of the retirement of the
baby-boom generation, our Nation presses for a new generation of
teachers, firefighters, Federal employees, and other civil servants to
fill the void they will leave.
  Young Americans are answering the call. According to the Higher
Education Research Institute, two-thirds of the 2005 freshman class at
institutions of higher education expressed a desire to serve others,
the highest rate in a generation.
  Yet, an impediment to public service is the increase in college
tuitions and debts, making it difficult for graduates to pursue careers
in the public sector. These future public servants are potentially
overburdened by the debts of college and university loans, forced to
choose private sector jobs over public service opportunities.
  By providing students with a federally funded education, the stress
of debts would be eliminated, and their commitment to the public
service sector for at least 5 years could lead to lifelong service.
  I have joined with Representative Chris Shays and Senators Hillary
Clinton and Arlen Specter to introduce the U.S. Public Service Academy
Act. Modeled after the military service academies, this academy will
provide a 4-year, federally subsidized college education for more than
5,000 students each year in exchange for a 5-year commitment to public
service, including fields that will most need a new generation of
leaders, such as public education, public health, and law enforcement.
We are encouraged by the support the proposal has gained so far, as
nearly 100 bipartisan cosponsors in the House of Representatives have
joined in this effort.
  Mr. Chairman, the Moran-Shays amendment will continue to make the
case for Federal intervention into promoting public service, including
possibly a public service academy. I thank the committee for including
the study in the manager's amendment, and I urge passage of the College
Opportunity and Affordability Act.
  Mr. REYES. Mr. Chairman, I rise today in strong support of H.R. 4137,
the College Opportunity and Affordability Act of 2007.
  In addition to restoring integrity to student loan programs,
encouraging States and colleges to rein in student costs, bolstering
Pell grants and expanding maximum awards, and investing in renewable
and efficient campus energy practices, this legislation makes a vital
investment in the economic competitiveness of our nation. Included in
that investment is a needed focus on improving minority participation
in the science, technology, engineering, and math, STEM, fields.
  According to the U.S. Census, 39 percent of the population under the
age of 18 is a racial or ethnic minority. That percentage is on a path
to pass 50 percent by the year 2050. Yet, in 2000, only 4.4 percent of
the science and engineering jobs were held by African Americans and
only 3.4 percent by Hispanics.
  This under-representation of minority groups in the STEM fields is a
severe impediment to the formation of an adequate American STEM
workforce. The increased education and participation of this segment of
the workforce is essential to supplying the American economy with the
STEM expertise the country needs to innovate and to improve America's
economic standing in the world.
  One year ago, I joined with several of my colleagues, Congresswoman
Eddie Bernice Johnson, Congresswoman Zoe Lofgren, Congressman Ruben
Hinojosa, Congressman Mike Honda, and Congressman G.K. Butterfield, to
create the House Diversity and Innovation Caucus. The caucus was
created on a relatively simple premise: If we want to expand the STEM
pipeline, we must broaden our pool of talent. If we are to compete with
the rest of the world, we cannot do so with one hand tied behind our
back, with the vast majority of certain demographic groups severely
under-represented in the fields that drive innovation.
  This bill includes several provisions that would bolster the
participation of under-represented groups in the STEM fields.
Specifically, H.R. 4137 would:
  Establish the YES Partnership grant program for Minority-Serving
Institutions to support the participation of under-represented minority
youth in STEM through outreach and hands-on experiential-based learning
projects;
  Strengthen and expand the Minority Science and Engineering
Improvement Program;
  Enact the Minority-Serving Institutions Digital and Wireless
Technology Opportunity
  Program;
  Establish a matching grant program to recruit math, science, and
language teachers;
  Establish a priority in the Graduate Areas of National Need Program
for fellowships to develop faculty in math, science, special education,
and bilingual education;
  Expand loan forgiveness in areas of national need;
  Authorize a grant to examine establishing an organization to ensure
women and under-represented minorities on college campuses are not
facing subtle biases that discourage them from careers in STEM fields;
and
  Ensure that legal immigrants and part-time students are eligible for
the Academic Competitiveness and SMART grants.
  I am particularly proud that H.R. 4137 includes a bill I authored and
introduced in the House, the STEM Promotion Act. In addition to
providing young Americans strong educational opportunities in STEM, we
must find a way to interest them in pursuing the STEM professions. My
generation was inspired by Sputnik to pursue careers in science,
engineering, and math, but we cannot sit back and wait for another
Sputnik to re-engage our young people in these critical fields. We must
tackle the STEM pipeline issue head-on, by methodically attracting
Americans to enter STEM.
  The STEM Promotion Act proposes just that. The bill would require the
Secretary of Education to work with marketing professionals, similar to
what the military does, to advertise and otherwise market the
attractiveness of pursuing opportunities in STEM. Moreover, the
Secretary would order marketing research to be conducted to examine how
best to appeal to segments of our population that have been under-
represented in the STEM fields, such as women, Hispanics, and African-
Americans.
  If America is to achieve its strategic objectives in STEM, the
enormous potential of groups that are currently under-represented in
the STEM fields must be realized. This bill will expand the STEM
pipeline and promote innovation and competitiveness by helping to
correct the under-representation of certain groups in the STEM fields.

[[Page H655]]

  H.R. 4137 also makes broad investments in higher education and
college access. In addition to increasing the maximum Pell grant award
by over $3,000 and authorizing year-round grants, the bill includes key
provisions of the Next Generation Hispanic-Serving Institutions Act, of
which I have been an original cosponsor for the past three Congresses.
Included is a new graduate program for those institutions, authorized
at $125 million, and an increased authorization for the undergraduate
program to $175 million.
  I am particularly pleased that the Education and Labor Committee has
seen fit to strengthen and increase funding for GEAR UP and TRIO, which
are critical college access programs for low-income students for which
I have advocated since arriving in Congress in 1997. Specifically, the
bill increases minimum grant awards for TRIO and HEP-CAMP, increases
the authorization for TRIO to $950 million, increases the authorization
for GEAR UP to $400 million, and addresses accountability standards to
ensure students are completing a rigorous program of study. The bill
also promotes college transition and parental involvement in GEAR UP,
and encourages GEAR UP and TRIO to promote financial literacy.
  By passing this bill, we would also ensure that our military veterans
have full access to both the Montgomery GI bill and education programs
under the Higher Education Act. H.R. 4137 establishes a scholarship
program for veteran students and their families and Centers of
Excellence for Veteran Student Success, and ensures fair treatment of
veterans benefits in the financial aid need analysis formula.
  I urge my colleagues to consider this bill's positive impact on
competitiveness when deciding how to vote. Please support a strong and
prosperous America. Vote ``yes'' on H.R. 4137.
  Mr. DINGELL. Mr. Chairman, today I rise in support of H.R. 4137, the
College Opportunity and Affordability Act. As a proud father and
grandfather, I know too well that the costs of a college education can
be prohibitive. This legislation, in combination with the College Cost
Reduction Act passed in September, makes great strides to reform our
higher education system to increase access to all students and families
who desire to attend college.
  I know many of you have heard me talk about the tough times my great
State of Michigan is facing. I know many of you have heard that
Michigan has the highest unemployment rate in the Nation at 7.5
percent, Michigan has one of the highest foreclosure rates, while at
the same time our median household income has decreased by 11.9 percent
and over 240,000 manufacturing jobs have left our State. These
statistics are worth repeating because they emphasize the need and the
importance for providing our future workforce with the tools they need
to be successful.
  One tool that is vitally important to many students is Federal aid;
in fact, in past years almost 9 million students have received Federal
aid. Yet the process to apply for Federal aid can be confusing and
overwhelming for many students and their families. H.R. 4137 proposes
to streamline the Free Application for Federal Student Aid, FAFSA, in
order to make it easier for students to navigate. This will be done by
reducing the number of questions on the FAFSA form and allowing
applicants to save their information rather than re-filing a new form
each year. It will also allow students and their families to determine
their expected family contribution and their Federal student aid
package prior to college so that families can plan accordingly.
  H.R. 4137 will also demand more accountability from student loan
lenders, ensuring that the best interests of our students come first.
This legislation will do this by requiring higher education
institutions and lenders to adopt strict codes of conduct and ban all
gifts and revenue sharing agreements between institutions and lenders.
Students will now also be provided with full and fair information about
their loans before entering into loan agreements, as well as be
informed by the lenders of all borrowing options available to them when
taking out and repaying loans.
  Another focus of this legislation is the need to address rising
college prices so that more students and families will be able to
attend college in the first place. We have seen in tuition at 4-year
public colleges increase 30.5 percent since 1999 to $7,164 per year.
That is an increase of $1,675 over 6 years. When families are making
less, every increase makes it harder and harder for students to afford
college.
  To address this, H.R. 4137 will also establish an online net price
calculator that will assist students and their families estimate the
cost based on income and family situations at individual schools. This
will allow families to be able to properly calculate what the cost of a
4-year education will be. Families will now also have access to a list
published by the Department of Education that will provide consumers
with information on tuition and fees, average price after grant aid,
recent price increases, and change in per-student spending.
  I am also pleased that this legislation will increase college aid to
our veterans and military personnel. Many college campuses have seen an
increase in enrollment of veterans from Iraq and Afghanistan; however,
some of these schools do not have enough resources to give the veterans
the support they need. With over a million troops having served in Iraq
and Afghanistan, it is our duty to ensure that when they return they
have access to a college education. This legislation establishes a
scholarship program that could award up to $5,000 for veterans, their
spouses, or their children enrolled in college. It will also create
support centers on college campuses designed to coordinate services and
assist veterans with enrollment and completion of their degrees. More
importantly, H.R. 4137 will ensure that veterans are not penalized by
their financial contributions to their GI benefits in the financial aid
process.
  Mr. Chairman, I have heard over the years from my constituents, many
from some of the great universities in my district, about the
increasing amount of debt taken on to complete a college degree. Many
have been forced to take out private loans, others have taken on
additional hours at work, and unfortunately, some have had to take a
leave of absence from school to pay the bills. This is a pattern that
cannot continue. Education is not a luxury, it is a tool needed to
succeed in today's economy. Investing in education and Federal aid
programs is investing in our workforce and the success of our
constituents. Today I urge my colleagues to vote in favor of this
legislation, reaffirming the commitment the Democratic Congress has
made to improving higher education and strengthening our workforce.
  Mrs. CHRISTENSEN. Mr. Chairman, I rise in strong support of H.R.
4137, the College Opportunity and Affordability Act of 2007. I would
like to commend Chairman Miller and his staff for their work on this
bill and their efforts to bring it to the House floor. Following the
introduction of a stimulus bill to help boost our Nation's economy, it
is only appropriate that we also pass legislation that will boost
higher level education and create a stronger workforce. This bill
represents a federal commitment to making college more affordable and
accessible.
  I am pleased that HEA will provide new support for Predominantly
Black Institutions and other Minority-Serving Institutions. H.R. 4137
would expand funding for graduate student programs at Historically
Black Colleges and Universities, Hispanic Serving Institutions, and
other minority-serving schools. HEA also makes significant changes to
tribal institutions that would allow them to receive the necessary
classification in order to obtain basic federal support for the
education and training of Indian students and for tribally controlled
postsecondary career and technical institutions that are not currently
receiving federal assistance.
  As a physician and Chair of the Congressional Black Caucus Health
Braintrust, I strongly support the provisions of H.R. 4137 that will
make medical school and training more affordable. HEA will create grant
programs to increase nursing school capacity and provide nurses with
the scholarships and release time needed to qualify as nursing school
faculty. This legislation would also ensure that medical school
graduates can afford their residencies and specialized training by
including loan forgiveness programs that would remove current financial
barriers that affect medical school graduates' choice of specialty,
especially those with lengthy residencies.
  In addition to supporting the overall bill, I would like to express
my support for the Congressman Danny Davis' amendment that would
restore the ability to discharge private student loans in bankruptcy.
Students with private loans should have some protection when they are
faced with economic hardship.
  I am pleased to support this comprehensive bill that would provide
much needed reform to the Higher Education Act and I urge its final
passage.
  Ms. McCOLLUM of Minnesota. Mr. Chairman, I rise to support the
College Opportunity and Affordability Act and I commend Chairman Miller
and Ranking Member McKeon for putting together a bipartisan bill that
will have a real impact on college affordability.
  I had the honor to serve on the Education and Workforce Committee for
my first 6 years in Congress. It is a real pleasure to know that we
will finally be able to reauthorize the Higher Education Act.
  The College Opportunity and Affordability Act is focused on students,
strengthening higher education, and improving our global
competitiveness.
  It increases need-based aid, provides more access to information on
the cost of college, and holds States accountable for their investment.
It protects borrowers by restoring sunshine to student loan programs,
and by simplifying the financial aid application process.

[[Page H656]]

And, it also makes new investments in increasing student interest in
science and technology careers.
  I also want to thank Chairman Miller for including legislation that I
introduced along with Congressman Bishop and Congressman Grijalva to
crack down on diploma mills.
  Diploma mills--businesses that sell fraudulent degrees for little or
no work--have proliferated in recent decades due to lax law enforcement
and technological advances such as the Internet and email.
  The growth of these fraudulent businesses has created a variety of
serious problems. Diploma mills can sell a worthless degree to a naive
student. They also threaten the reputation of American colleges and
universities by blatantly using similar names. They cheat employers--
including school districts as we saw a few years ago--and the Federal
Government. A 2004 GAO study revealed that at least 463 Federal
employees held degrees from diploma mills and other unaccredited
universities. In addition to hiring employees who are likely
unqualified, employers, including the Federal Government, have wasted
resources paying tuition to diploma mills. They can be physically
dangerous as is so obvious in the example of diploma mill medical
schools.
  And more and more it is a national security issue. These degrees
could be used to obtain visas. In addition, our failure to deal with
the issue has been noted in other countries (Japan), harming our
reputation around the world.
  This legislation includes the first national effort to combat this
problem. It is a first step, but a very important step.
  I thank the chair and the ranking member for their support of this
provision and for their dedication to improving access to higher
education. I urge all my colleagues to support H.R. 4137 and to
continue to make access to higher education a priority for this
Congress.
  Mr. ORTIZ. Mr. Chairman, I rise in support of HR 4137, the College
Opportunity and Affordability Act.
  A college education continues to be a great path to prosperity. But
more and more, high college prices and other obstacles are putting a
college degree further out of reach for our students. In addition to
rising tuition, students and their families face a complex federal
student aid application process and student loan industry.
  The legislation will streamline the application process for financial
aid, will allow for students to better manage textbook costs, and
increase college aid and support programs for veterans and military
families.
  Many college students--including 37 percent of Hispanic students--
receive Pell Grants each year, and this bill will now allow students to
receive these vital grants year round.
  It also increases authorization levels for the TRIO program to $400
million and GEAR UP program to $950 million, both of which prepare low-
income and first-generation students with the challenges for college.
  Many students find themselves in financial troubles because they are
not aware of the rising costs or the details of the loans they take
out. This legislation will hold student loan lenders more accountable
for any potentially predatory actions, but students and their families
will now have more information about all the options and costs to
attend college.
  Though we have passed this important piece of legislation, we are by
no means done with higher education issues. The President's budget cut
funding to Hispanic-serving institutions, and I will work with my
colleagues to ensure those institutions receive proper funding. All
students deserve to have as many resources as we can provide to them to
better themselves and their positions in life.
  Mr. STARK. Mr. Chairman, I rise in strong support of making college
affordable again.
  Since taking over Congress, Democrats have made historic investments
in higher education. We have reduced interest rates on federal student
loans by 50 percent. We have increased both the amount and the reach of
Pell Grants and we have acted to provide long overdue oversight of the
student loan industry. Today, we will reauthorize and reform the Higher
Education Act and take another step forward toward the goal of making
sure that all qualified students can afford to go to college without
being saddled by overwhelming debt.
  A college degree is not only the best guarantee of a good paying job,
it is quickly becoming a necessity in our economy. The College
Opportunity and Affordability Act, H.R. 4137, will open up the gates of
higher education to students from all backgrounds. By increasing the
maximum Pell Grant amount from $5,800 to $9,000, this bill will allow
many lower income students to realistically pursue a degree. By making
Pell Grants available year round and for part-time students, this
legislation would help non-traditional students such as those working
full-time. Finally, by simplifying the financial aid application
process, this bill will make it easier for students to receive the aid
they need and deserve.
  For too long, the student loan industry, much like the mortgage
industry, has operated without proper oversight. As a consequence,
lenders entered into quid pro quo agreements with universities and
coerced students into high-interest loans. The bill before us today
protects borrowers by requiring full disclosure of all terms,
prohibiting revenue sharing between colleges and lenders and doing away
with draconian pre-payment penalties.
  We must encourage and reward careers in public service. I strongly
support the loan forgiveness program in today's measure. It will
provide up to $10,000 in loan forgiveness for graduates teaching in
low-income areas or entering crucial fields such as early childhood
education and mental health.
  Four decades ago, President Johnson signed the Higher Education Act
and committed to helping low income students afford a college
education. Today, Congress has the opportunity to renew that commitment
by providing the support and oversight so that all students can fulfill
their dream of attending college. I urge all of my colleagues to join
me in supporting this important bill.
  Mrs. JONES of Ohio. Mr. Chairman, I rise today in support of the
College Opportunity and Affordability Act. This legislation will help
break down the barriers, particularly the ever-rising costs of higher
education, for Americans to obtain a college degree.
  I am extremely excited about the provision from my legislation, the
Campus Fire Safety and Prevention Act, that is included in this bill.
This legislation would establish a demonstration incentive program
within the Department of Education to promote installation of fire
sprinkler systems, or other fire suppression or prevention
technologies, in qualified student housing or dormitories, and for
other purposes.
  Fire safety and prevention is an issue that needs to be addressed
across this country. Over these few years we have seen many tragedies
involving fire at colleges, places of business, entertainment venues
and places of residence.
  Nationwide, 126 people have been killed in student housing since
January 2000, as identified by the Center for Campus Fire Safety, a
non-profit organization that compiles information on campus-related
fires.
  Almost 83 percent of the fire fatalities have occurred in off-campus
occupancies such as rented houses and apartments. Common factors in a
number of these fires include: lack of automatic sprinklers, disabled
smoke alarms, careless disposal of smoking materials, and alcohol
consumption.
  We must begin to put in place suppression measures against fires and
increase support and resources for our fire fighters to ensure that no
more lives are lost to fires that could have been prevented.
  I encourage my colleagues to pass the College Opportunity and
Affordability Act. This legislation would reform our higher education
system so that it operates in the best interests of students and
families.
  Mr. LANGEVIN. Mr. chairman, I rise today in strong support of H.R
4137, the College Opportunity and Affordability Act, which will
reauthorize the Higher Education Act for 5 years. This is the first
time in almost a decade that this bill has been reauthorized, and I am
proud to be part of a Congress that has placed such a high priority on
making college a reality for all of our nation's students. This bill
builds on legislation that passed last year to help lower college costs
and boost Federal loan support for our students. Especially with the
state of our economy, it is imperative that we invest in our education
system to promote new employment and ensure that today's students can
adapt to the jobs of tomorrow.
  Two of the main goals of the College Opportunity and Affordability
Act are to make a college education accessible to all students and to
lower college costs for those students and their families. I am pleased
that this bill increases the maximum amount of Pell Grants, which help
5.5 million low-income and minority students attend college, from
$5,800 to $9,000. This measure also boosts funding for the TRIO program
and the Gaining Early Awareness and Readiness for Undergraduate Program
(GEAR UP), which provide college readiness and support for low-income
and first-generation students. H.R. 4137 ensures equal college
opportunities for students with disabilities by creating a national
center to improve college recruitment, retention, and completion of
students with disabilities, and would also expand eligibility for Pell
Grants for students with intellectual disabilities.
  H.R. 4137 also establishes a user-friendly website to provide
students and families with helpful information about college pricing,
and will streamline the cumbersome filing process for Free Application
for Federal Student Aid (FAFSA). Families will now be able to receive
estimates of their expected contribution and the amount of financial
aid they may receive. H.R. 4137 requires higher education institutions
and student loan providers to give borrowers fair and full information
on their loan terms and repayment options, as well as promote financial
literacy and education for students and families. This measure also
helps

[[Page H657]]

reduce the cost of textbooks, which on average sets back a student
$1,000 per year, by making sure professors have full textbook pricing
when making purchasing decisions and by ensuring students receive
advanced lists of textbooks for their upcoming classes.
  One of the goals of the 110th Congress is to create a new generation
of innovators so that we continue to build an educated, skilled
workforce in the vital areas of science, math, engineering and
information technology. To maintain our international competitiveness
and economic advantage in the coming years, our Nation must invest more
in science, technology, engineering and mathematics (STEM) education.
That is why I am pleased that H.R. 4137 includes many new initiatives
and increases funding for STEM education. These new programs include
grants for colleges and universities to provide incentives for students
in STEM majors to teach in these academic areas; the YES Partnership
Grant Program, which provides funding to eligible colleges to support
minority youth engagement in STEM fields through out-reach and hands-on
experiential learning; and the ``Robert C. Byrd Mathematics and Science
Honors Scholarship Program'' which focuses on encouraging students to
earn degrees in math and science.
  H.R. 4137 increases college aid and support for our veterans and
military families by requiring colleges and universities to treat
students returning from military service as continuously enrolled
students and preventing active duty servicemembers from accruing
interest on student loans for the duration of their activation. The
measure also encourages those students who commit to a job in high-need
areas and public service for at least 5 years by establishing a $10,000
loan forgiveness program for nurses, early childhood educators, foreign
language specialists, child welfare workers, school counselors, public
sector employees, medical specialists, and mental health professionals.
This measure further addresses the shortage of nursing faculty by
establishing competitive grants to fund scholarships for nurses
studying for advanced degrees with the intention of becoming faculty.
  In recent years, our country's college and university campuses have
seen unnecessary tragedies. H.R 4137 will boost campus safety by
helping all colleges develop and implement state of the art emergency
systems and campus safety plans, and will also create a National Center
for Campus Safety at the Department of Justice. Administrators and
students on campuses across the country have also pushed for
environmental, or ``green'', initiatives, and this measure supports
these efforts by providing funding for environmental sustainability
programs.
  Mr. Chairman, H.R 4137 shows that Congress is committed to the
success of our students, and we will work to make sure that they can
pursue their dreams without the burdens of unnecessary costs and debt.
While we may find ourselves facing hard economic decisions, we must
empower the next generation with the necessary tools and invest in
their education. The College Opportunity and Affordability Act will set
a blueprint for the future, and I encourage all my colleagues to vote
for this bill.
  Mr. SPACE. Mr. Chairman, I would like to begin by thanking Chairman
George Miller for his work on behalf of rural communities in H.R. 4137.
Specifically, I would like to thank Chairman Miller for including
provisions from H.R. 4139, the Colleges and Universities Rural
Education (CURE) Act, in this important bill.
  I would also like to extend my thanks to Ranking Member McKeon for
his hard work on the legislation, as well as the staff of the Committee
on Education and Labor.
  Rural communities face a unique set of challenges in developing a
highly-skilled workforce. Limited access to higher education makes
advanced training more difficult to attain for the millions of
Americans living in rural areas around the country. While we all should
take pride in the work of our nation's public schools and teachers in
providing a quality education to American children, the need for
training beyond a basic high school diploma is clearly critical.
  I see this deficit every day in southeastern Ohio. Some communities
struggle to fill critical professions, particularly in the medical
community, due to the rural nature of their district and the lack of
training opportunities in a reasonable proximity.
  To rectify this deficit, I introduced H.R. 4139, the CURE Act. This
important legislation authorizes grants to the colleges serving rural
America to create partnerships with rural school districts to improve
access to higher education for rural high school graduates. These
grants will provide important access to financial aid opportunities as
well as programs on college campuses that will help to encourage
students to pursue higher education when they might otherwise not.
  Additionally, this legislation authorizes grants for rural colleges
to develop training programs in needed professions, and develop
partnerships with employers in the area to develop employment
pipelines. These grants will help rural communities struggling to fill
the positions needed to maintain a quality of life, such as doctors and
teachers.
  Again, I wish to commend Chairman Miller for his willingness to see
the challenges facing rural America and work to improve the quality of
life for those communities. On behalf of my colleagues and I who
represent rural America, I extend my truest and utmost thanks.
  Mr. BACA. Mr. Chairman, I ask for unanimous consent to revise and
extend my remarks.
  I rise today to voice my strong support for H.R. 4137, the College
Opportunity and Affordability Act.
  Last year, this Congress took a first step in our promise to lower
education costs and increase opportunities for American families.
  This bill is about keeping that promise by strengthening higher
education and increasing access to college for low income students.
  This is especially important for the Latino community here in the
United States where too many don't even apply to college because of the
high costs. And the number of Latino students graduating with a degree
does not compare with their white counterparts.
  This year only 25 percent of college-age Latinos were actually
enrolled in college. Only 25 percent.
  This bill will help to eliminate this gap. It increases financial
aid, strengthens college prep programs for low income students, and
makes historic investments at minority serving institutions.
  When we provide low-income students with access to college, we
strengthen the middle class and make America stronger.
  One thing I'd like to work with the Committee on is the student loan
debt burden on teachers. Right now they can only get student repayment
for their direct loans. But we really should help them pay back all of
their student loans, including their private ones. They provide an
important service to our Nation so that is the least we can do.
  I urge my colleagues to support H.R. 4137.
  Mr. LANTOS. Mr. Chairman, I rise today in support of the Lantos-Watt
amendment to the Higher Education Reauthorization, H.R. 4137. This
amendment clarifies that all graduate degree granting institutions are
eligible as lead grantees under the Graduate Assistance in Areas of
National Need (GAANN) program in Title VII of the HEA.
  Mr. Chairman, as a former professor at San Francisco State
University, I know the caliber of student in their graduate programs.
And with our proximity to Silicon Valley, many of the leading biotech
companies have an embarrassment of riches to select from. Before the
Department of Education undermined congressional intent, limiting
participation of master's degree granting institutions, SFSU was
routinely competing and winning GAANN fellowships.
  Congress created the GAANN program to provide these fellowships for
graduates with superior ability and financial needs studying in areas
of national need. Under the original HEA statute and GAANN program
regulations, graduate degree granting institutions including those
terminating in a master's degree are eligible to participate as lead
institutions in the GAANN program. Contrary to Congressional intent and
the GAANN statute--which refers to graduate, not doctoral
institutions--the Department limited participation as a lead entity in
GAANN to doctoral granting institutions only. This action eliminated
three master's degree granting programs at San Francisco State
University, along with Florida A&M and North Carolina A&T from
participation in the GAANN program. Until this action, SFSU had GAANN
grants in biology and chemistry.
  Mr. Chairman, in the President's FY09 budget released a few days ago
the GAANN program was tabbed for an increase in funding to stem the
long-term decline in the number of fellowships awarded under the
program. The President recognized how effective these grants are and
provided support for 747 fellowships, including 529 new fellows.
  Mr. Chairman, GAANN is a competitive program. This provision would
not open the program to new entrants. It would merely restore the
ability of master's degree granting programs to compete with those
granting PhDs. I proudly support the Lantos-Watt amendment and thank
Mr. Watt for working with me to give all universities an opportunity to
compete.
  Mr. UDALL of Colorado. Mr. Chairman, I will support H.R. 4137, the
College Opportunity and Affordability Act of 2007. Overall, it is an
excellent bill, but I do have a serious concern about the impact of one
provision, the state maintenance-of-efforts provision, on Colorado.
  This bill will reauthorize the Higher Education Act and will help
make our colleges and universities more affordable and accessible.
  I am especially pleased that this bill will help students and
families trying to afford the increasing costs of college. The bill
increases the maximum Pell grant award to $9,000 annually, up from
$5,800. Pell Grants enable many students to attend college, but with
rising tuition costs these grants have lost some

[[Page H658]]

of their purchasing power. This increase will allow Pell Grants to help
students limit debt and expand their education opportunities. Also,
Pell Grant scholarships availability will be expanded to year-round to
allow students to use the funding when it best works with their
schedule.
  Not only will H.R. 4137 increase federal aid, but it will also make
the process of applying for that aid much more straightforward.
Streamlining the application process for Federal aid will make it
easier for students and their families to determine if they are
eligible for Federal loans. The bill will also create a two-page
``FAFSA-EZ'' form for low-income students and families who qualify for
the ``auto-zero'' family contribution.
  And the legislation will not just help students from low-income
families--it will help all students become better informed by requiring
that the Department of Education publicly provide a user-friendly list
of all colleges and universities in the country with information on
tuition and fees, average price after grant aid, recent price
increases, and change in per-student spending.
  Textbooks are a growing--and often overlooked--cost of attending
college. Students can spend hundreds of dollars on textbooks every
semester, adding up to thousands of dollars by the time they graduate.
The bill requires college textbook publishers to provide full pricing
information about both bundled textbooks and unbundled alternatives. It
also requires that publishers sell unbundled versions of every bundled
textbook they sell so that students are not forced to purchase unneeded
extras, such as study guides or CDs.
  H.R. 4137 reauthorizes two critical programs that help disadvantaged
students thrive in college. GEAR-UP helps prepare low-income elementary
and secondary students to succeed in college and the bill increases the
authorized funding to $400 million for GEAR-UP. It also increases the
authorization level for the TRIO programs--Upward Bound, Talent Search,
and Student Services--to $950 million. The TRIO programs seek to
increase high school completion and college participation and
graduation rates among low-income and first- generation college
students. African-American students make up nearly 50 percent of all
TRIO participants.
  The bill recognizes the debt that our country owes to our soldiers
and their families. It creates a new scholarship program for active
duty military personnel and their family members to help make college
more affordable. The bill also establishes support centers to help
veterans succeed in college and graduate.
  As co-chair of the House Science, Technology, Engineering, and Math
(STEM) Education caucus, I am pleased that this bill builds upon the
America COMPETES Act to expand and improve STEM education. It creates
programs to bolster students' interest in STEM careers through
collaborations with businesses and other stakeholders, as well as
improves teacher training and development programs and focuses on
recruiting teachers into high demand science and technology fields.
  As I mentioned, I am particularly concerned about the impact that the
maintenance-of-effort provision will have on my state of Colorado. This
provision ties Federal funding to state funding. Though I applaud the
effort by Chairman Miller to encourage states to continue to support
higher education, Colorado is in an unusual position because we have
several constitutional provisions that limit the spending options of
our legislature. These include the Tax Payer's Bill of Rights, or
TABOR, and another that requires that the state increase funding for K
through 12 education every year. Together with other constraints, these
provisions have seriously affected the state's ability to fund higher
education--and the maintenance-of-effort provision will not help
matters.
  While the manager's amendment improved this provision, I will work to
see that this issue is further addressed in conference.
  In conclusion, I encourage all of my colleagues to support H.R. 4137.
  Mr. INSLEE. Mr. Chairman, due to unexpected circumstances, I missed
the vote on the College Opportunity and Affordability Act, H.R. 4137,
important legislation to reauthorize and strengthen key Higher
Education Act programs aimed at making college education more
affordable and accessible for American students. Had I been present, I
would have voted in favor of the legislation that will keep America's
economy competitive.
  Overall, the College Opportunity and Affordability Act will address
major issues facing our Nation's students from simplifying student aid
forms to addressing rising textbook and tuition costs. The bill will
increase assistance for Veterans and military families and bolster
students' interest in science and technology by partnering with
businesses and other stakeholders.
  I commend Chairman Miller and Hinojosa for their diligent work on the
underlying legislation and for their support for my amendment that was
passed to improve key education grants by setting higher environmental
standards for recipients. The amendment ensures that Sustainability
Planning Grants are awarded to projects aiming to reduce greenhouse gas
emissions, guaranteeing that Federal funds make a meaningful impact on
global warming and requires that certain Federal grantees demonstrate
that they meet or exceed American Society of Heating, Refrigerating and
Air-Conditioning Engineers, ASHRAE, energy-efficiency standards when
designing new facilities. Finally, the amendment would add a Sense of
Congress to reject the President's FY2009 budget proposal to eliminate
the important Perkins Loan Program, a critical educational program for
high-need students who will become a modern green workforce.
  Additionally, I applaud Representatives Blumenauer and Ehlers for
their work to include provisions to support green higher education
efforts. Many of our Nation's 4,000 colleges and universities are
taking action to reduce greenhouse-gas pollution, which currently
accounts for 7 percent of U.S. carbon emissions. Federal grants should
be available to give a boost to such projects, like the state-of-the-
art, carbon-neutral science laboratory being planned at Cascadia
Community College in my district.
  The CHAIRMAN. All time for general debate has expired.
  Pursuant to the rule, the amendment in the nature of a substitute
printed in the bill shall be considered as an original bill for the
purpose of amendment under the 5-minute rule and shall be considered
read.
  The text of the committee amendment is as follows:

                               H.R. 4137

       Be it enacted by the Senate and House of Representatives of
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the ``College
     Opportunity and Affordability Act of 2007''.
       (b) Table of Contents.--

Sec. 1. Short title; table of contents.
Sec. 2. References; Effective date.

                      TITLE I--TITLE I AMENDMENTS

Sec. 101. Definitions of institution of higher education.
Sec. 102. Additional definitions.
Sec. 103. Treatment of territories and territorial student assistance.
Sec. 104. National Advisory Committee on Institutional Quality and
              Integrity.
``Sec. 114. National Advisory Committee on Institutional Quality and
              Integrity.
Sec. 105. Drug and alcohol abuse prevention.
Sec. 106. Prior rights and obligations.
Sec. 107. Improved information concerning the Federal student financial
              aid website.
Sec. 108. State commitment to affordable college education.
``Sec. 132. State commitment to affordable college education.
Sec. 109. Transparency in college tuition for consumers.
``Sec. 133. Transparency in college tuition for consumers.
Sec. 110. Textbook information.
``Sec. 134. Textbook information.
Sec. 111. Database of student information prohibited.
``Sec. 135. Database of student information prohibited.
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
              preferred lender arrangements.
``Sec. 153. Interest rate report for institutions and lenders
              participating in preferred lender arrangements.
``Sec. 154. Private educational loan disclosure requirements for
              covered institutions.
``Sec. 155. Integrity provisions.
``Sec. 156. Compliance and enforcement.
``Sec. 157. Student loan counseling.
Sec. 113. Feasibility study for national electronic student loan
              marketplace.

                      TITLE II--TITLE II REVISION

Sec. 201. Revision of title II.

                ``TITLE II--TEACHER QUALITY ENHANCEMENT

``Sec. 200. Definitions.
``Sec. 200A. Rule of Construction.

              ``Part A--Teacher Quality Partnership Grants

``Sec. 201. Purposes; Definitions.
``Sec. 202. Partnership grants.
``Sec. 203. Administrative provisions.
``Sec. 204. Accountability and evaluation.
``Sec. 205. Accountability for programs that prepare teachers.
``Sec. 206. Teacher development.
``Sec. 207. State functions.
``Sec. 208. General provisions.
``Sec. 209. Authorization of appropriations.

         ``Part B--Preparing Teachers for Digital Age Learners

``Sec. 221. Program authorized.

[[Page H659]]

``Sec. 222. Uses of Funds.
``Sec. 223. Application requirements.
``Sec. 224. Evaluation.
``Sec. 225. Authorization of appropriations.

                 ``Part C--Enhancing Teacher Education

``Sec. 240. Authorization of appropriations.

``subpart 1--recruiting teachers with math, science, or language majors

``Sec. 241. Program authorized.

``subpart 2--community colleges as partners in teacher education grants

``Sec. 251. Grants to community colleges.
``Sec. 252. Definitions.

    ``subpart 3--honorable augustus f. hawkins centers of excellence

``Sec. 261. Definitions.
``Sec. 262. Augustus F. Hawkins Centers of excellence.

                     ``subpart 4--teach for america

``Sec. 271. Teach for America.

  ``subpart 5--early childhood education professional development and
                           career task force

``Sec. 281. Purpose.
``Sec. 282. Definition of early childhood education program.
``Sec. 283. Grants authorized.
``Sec. 284. State task force establishment.
``Sec. 285. State task force activities.
``Sec. 286. State application and report.
``Sec. 287. Evaluations.
Sec. 202. National Academy of Sciences study of best practices in
              teacher preparation.

                    TITLE III--TITLE III AMENDMENTS

Sec. 301. Program purpose.
Sec. 302. Title III grants for American Indian Tribally Controlled
              Colleges and Universities.
Sec. 303. Predominantly Black Institutions.
``Sec. 318. Predominantly Black Institutions.
Sec. 304. Assistance to Asian American and Native American Pacific
              Islander-serving institutions.
``Sec. 319. Asian American and Native American Pacific Islander-serving
              institutions.
Sec. 305. Native American-serving, nontribal institutions.
``Sec. 320. Native American-serving, nontribal institutions.
Sec. 306. Strengthening Historically Black Colleges and Universities.
Sec. 307. Endowment Challenge Grants.
Sec. 308. Limitations on Federal insurance for bonds issued by the
              designated bonding authority.
Sec. 309. Programs in STEM fields.

                  ``subpart 2--programs in stem fields

``Sec. 355. YES Partnerships grant program.
``Sec. 356. Promotion of entry into STEM fields.
``Sec. 357. Evaluation and Accountability Plan.
Sec. 310. Technical assistance.
Sec. 311. Waiver authority.
Sec. 312. Authorization of appropriations.
Sec. 313. Technical corrections.

                     TITLE IV--TITLE IV AMENDMENTS

                       Part A--PART A AMENDMENTS

Sec. 401. Federal Pell Grants.
Sec. 402. Federal TRIO Programs.
Sec. 403. GEARUP Amendments.
Sec. 404. Academic Achievement Incentive Scholarships.
Sec. 405. Federal Supplemental Educational Opportunity Grants.
Sec. 406. Grants for access and persistence.
``Sec. 415E. Grants for access and persistence.
Sec. 407. Special programs for students whose families are engaged in
              migrant and seasonal farmwork.
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. Foreign Language Partnerships.
``Sec. 419D. Authorization of appropriations.
Sec. 409. Child care access means parents in school.
Sec. 410. Learning Anytime Anywhere Partnerships.
Sec. 411. TEACH Grants.
``Sec. 420P. Program evaluation.

                 Part B--Federal Family Education Loans

Sec. 421. Limitations on Amounts of Loans Covered by Federal Insurance.
Sec. 422. Federal Interest Subsidies.
Sec. 423. Student loan information.
Sec. 424. Consolidation loan disclosure.
Sec. 425. Loan forgiveness for service in areas of national need.
``Sec. 428K. Loan forgiveness for service in areas of national need.
Sec. 426. Loan repayment for civil legal assistance attorneys.
``Sec. 428L. Loan repayment for civil legal assistance attorneys.
Sec. 427. Settlement of claims.
Sec. 428. Delinquency prevention, default aversion, and consumer
              education information programs.
``Sec. 433A. Delinquency prevention, default aversion, and consumer
              education information programs.
Sec. 429. Definition of eligible lender.
Sec. 430. Cohort default rates.
Sec. 431. Disability determinations.

                       Part C--College Work/Study

Sec. 441. Reauthorization.
Sec. 442. Additional funds for off-campus community service.
Sec. 443. Work Colleges.

                  Part D--Federal Direct Student Loans

Sec. 451. Reauthorization.
Sec. 452. Public service job definition.
Sec. 453. Identity fraud protection.
Sec. 454. Direct loan program audit and reporting requirements.

                         Part E--Perkins Loans

Sec. 461. Extension of authority.
Sec. 462. Allowance for books and supplies.
Sec. 463. Agreements with institutions.
Sec. 464. Perkins loan terms and conditions.
Sec. 465. Cancellation for public service.

                         Part F--Need Analysis

Sec. 471. Cost of attendance.
Sec. 472. Discretion to make adjustments for nursing home expenses.
Sec. 473. Definitions.

                       Part G--General Provisions

Sec. 481. Compliance calendar.
Sec. 482. Improvements to paper and electronic forms and processes.
Sec. 483. Increasing access to technology.
Sec. 484. Sense of the Congress; Report.
Sec. 485. Student eligibility.
Sec. 486. Assessment of costs and other charges.
Sec. 487. Readmission requirements for servicemembers.
Sec. 488. Institutional and financial assistance information for
              students.
Sec. 489. Articulation agreements.
``Sec. 486A. Articulation agreements.
Sec. 490. Program participation agreements.
Sec. 491. Regulatory relief and improvement.
Sec. 492. Advisory Committee on Student Financial Assistance.
Sec. 493. Negotiated rulemaking.
Sec. 494. Technical amendment.
Sec. 495. Campus-based digital theft prevention.
``Sec. 494. Campus-based digital theft prevention.

                       Part H--Program Integrity

Sec. 496. Recognition of accrediting agency or association.
Sec. 497. Accreditation Ombudsman.
``Sec. 497. Accreditation Ombudsman.
Sec. 498. Program review and data.
Sec. 499. Competitive loan auction pilot program evaluation.

                      TITLE V--TITLE V AMENDMENTS

Sec. 501. 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.

                     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. Preparing for early foreign language instruction.

       ``Part D--PREPARING FOR EARLY FOREIGN LANGUAGE INSTRUCTION

``Sec. 631. Preparing for early foreign language instruction.
Sec. 605. Evaluation, outreach, and dissemination.
``Sec. 642. Evaluation, outreach, and dissemination.
Sec. 606. Student safety.
``Sec. 643. Student safety.
Sec. 607. Science and technology advanced foreign language education
              grant program.
``Sec. 644. Science and technology advanced foreign language education
              grant program.
Sec. 608. Reporting by Institutions.
``Sec. 645. Reporting by Institutions.
Sec. 609. Federal foreign language education marketing campaign.

                    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. Patsy T. Mink Fellowship program.

             ``subpart 4--patsy t. mink fellowship program

``Sec. 722. Patsy T. Mink Fellowships.
Sec. 705. Fund for the improvement of postsecondary education.
Sec. 706. Urban-serving research universities.

             ``Part C--Urban-Serving Research Universities

``Sec. 751. Purpose; program authorized.
``Sec. 752. Application for urban-serving research university grants.
``Sec. 753. Allowable activities.
``Sec. 754. Definitions.
``Sec. 755. Authorization of appropriations.
Sec. 707. Programs to ensure students with disabilities receive a
              quality higher education.

                 ``subpart 1--quality higher education

   ``subpart 2--national technical assistance center; commission on
 accessible materials; programs to support improved access to materials

``Sec. 766. National Center.

[[Page H660]]

``Sec. 766A. Establishment of advisory commission on accessible
              instructional materials in postsecondary education for
              students with disabilities.
``Sec. 766B. Model demonstration programs to support improved access to
              postsecondary instructional materials for students with
              print disabilities.
``Sec. 766C. Authorization of appropriations.

    ``subpart 3--transition programs for students with intellectual
        disabilities into higher education; coordinating center

``Sec. 767. Purpose.
``Sec. 768. Definitions.
``Sec. 769. Model comprehensive transition and postsecondary programs
              for students with intellectual disabilities.
``Sec. 770. Coordinating center for technical assistance, evaluation,
              and development of accreditation standards.
``Sec. 770A. Authorization of appropriations.
Sec. 708. Subgrants to nonprofit organizations.
Sec. 709. Nursing education.

                      ``Part F--Nursing Education

``Sec. 776. Additional capacity for R.N. students or graduate-level
              nursing students.
``Sec. 777. Nurse Faculty Pilot Project.
Sec. 710. National study on higher education access and success for
              students with disabilities.

                    TITLE VIII--ADDITIONAL PROGRAMS

Sec. 801. Additional programs.

                   ``TITLE VIII--ADDITIONAL PROGRAMS

``Sec. 800. Authorization of appropriations.

                         ``Part A--Low Tuition

``Sec. 801. Incentives and rewards for low tuition.

                    ``Part B--Cooperative Education

``Sec. 811. Statement of purpose; definition.
``Sec. 812. Reservations.
``Sec. 813. Grants for cooperative education.
``Sec. 814. Demonstration and innovation projects; training and
              resource centers; and research.

                  ``Part C--College Partnership Grants

``Sec. 821. College Partnership Grants Authorized.

                    ``Part D--Student Success Grants

``Sec. 826. Student success grants.

                       ``Part E--Jobs to Careers

``Sec. 831. Grants to create bridges from jobs to careers.

                         ``Part F--Project GRAD

``Sec. 836. Project GRAD.

      ``Part G--Improving College Enrollment by Secondary Schools

``Sec. 841. Improving college enrollment by secondary schools.

                   ``Part H--Diploma Mill Prevention

``Sec. 851. Purpose; Definitions.
``Sec. 852. Recognized accrediting agencies and institutions.
``Sec. 853. Accrediting agencies.
``Sec. 854. Task Force.
``Sec. 855. Sense of the Congress regarding use by States of the
              Federal Plan as guidelines.
``Sec. 856. Unfair and deceptive acts and practices regarding diplomas
              and professional certifications.

        ``Part I--Student Safety and Campus Emergency Management

``Sec. 861. Student safety and campus emergency management.
``Sec. 862. Model emergency response policies, procedures, and
              practices.
``Sec. 863. Preparation for future disasters plan by the Secretary.
``Sec. 864. Education disaster and emergency relief loan program.
``Sec. 865. Guidance on mental health disclosures for student safety.

 ``Part J--Rural Development Grants for Rural Colleges and Universities

``Sec. 871. Purpose.
``Sec. 872. Definitions.
``Sec. 873. Ensuring college access for rural high school graduates.
``Sec. 874. Economic development partnerships.
``Sec. 875. Quality of life in rural areas.
``Sec. 876. Allocation of appropriations.

 ``Part K--Improving Science, Technology, Engineering, and Mathematics
  Education With a Focus on Alaska Native and Native Hawaiian Students

``Sec. 880. Improving science, technology, engineering, and mathematics
              education with a focus on Alaska Native and Native
              Hawaiian students.

   ``Part L--National Database on Financial Assistance For Study of
           Science, Technology, Engineering, and Mathematics

``Sec. 881. National Database on Financial Assistance For Study of
              Science, Technology, Engineering, and Mathematics.

                ``Part M--Training for Realtime Writers

``Sec. 882. Program to promote training and job placement of realtime
              writers.

      ``Part N--Centers of Excellence for Veteran Student Success

``Sec. 883. Model Programs for Centers of Excellence for Veteran
              Student Success.

              ``Part O--University Sustainability Programs

              ``subpart 1--sustainability planning grants

``Sec. 884. Grants authorized.

                 ``subpart 2--summit on sustainability

``Sec. 885. Summit on sustainability.

               ``Part P--Modeling and Simulation Programs

``Sec. 886. Modeling and Simulation.

               ``Part Q--Business Workforce Partnerships

``Sec. 887. Grants to create business workforce partnerships.
Sec. 802. Sense of the Congress; report.
Sec. 803. Independent evaluation of distance education programs.
Sec. 804. Encouraging colleges and universities to ``go green''.
Sec. 805. Study of costs of environmental, health, and safety
              standards.
Sec. 806. Study of minority male academic achievement.
Sec. 807. Study on bias in standardized tests.
Sec. 808. Feasibility study on student loans.
Sec. 809. Endowment report.
Sec. 810. Study of Correctional Postsecondary Education.
Sec. 811. National Undergraduate Fellows Program.
Sec. 812. National Center for Learning Science and Technology Trust
              Fund.
Sec. 813. GAO Study of education related indebtedness of medical school
              graduates.

                   TITLE IX--AMENDMENTS TO OTHER LAWS

               Part A--Education of the Deaf Act of 1986

Sec. 901. Laurent Clerc National Deaf Education Center.
Sec. 902. Agreement with Gallaudet University.
Sec. 903. Agreement for the National Technical Institute for the Deaf.
Sec. 904. Audit.
Sec. 905. Reports.
Sec. 906. Monitoring, evaluation, and reporting.
Sec. 907. Liaison for educational programs.
Sec. 908. Federal endowment programs for Gallaudet University and the
              National Technical Institute for the Deaf.
Sec. 909. Oversight and effect of agreements.
Sec. 910. International students.
Sec. 911. Research priorities.
Sec. 912. National study on the education of the deaf.
Sec. 913. Authorization of appropriations.

                        Part B--INDIAN EDUCATION

              subpart 1--tribal colleges and universities

Sec. 921. Reauthorization of the Tribally Controlled College or
              University Assistance Act of 1978.
``Sec. 105. Technical assistance contracts.

   ``TITLE V--TRIBALLY CONTROLLED POSTSECONDARY CAREER AND TECHNICAL
                              INSTITUTIONS

``Sec. 501. Definition of tribally controlled postsecondary career and
              technical institution.
``Sec. 502. Tribally controlled postsecondary career and technical
              institutions program.
``Sec. 503. Applicability of other laws.
``Sec. 504. Authorization of appropriations.
``Sec. 1. Short title.

                   subpart 2--navajo higher education

Sec. 931. Reauthorization of Navajo Community College Act.

     Part C--Higher Education Amendments of 1998; Higher Education
                           Amendments of 1992

Sec. 941. Grants for training for incarcerated individuals.

       ``Part D--Grants for Training for Incarcerated Individuals

``Sec. 821. Grants for improved workplace and community transition
              training for incarcerated individuals.
Sec. 942. Underground railroad.
Sec. 943. Repeals of Expired and Executed Provisions.
Sec. 944. Olympic Scholarships.
Sec. 945. Establishment of Assistant Secretary for International and
              Foreign Language Education.
``Sec. 207A. Office of international and foreign language education.

                  Part D--Justice Department Programs

Sec. 951. Loan repayment for prosecutors and defenders.

     ``Part JJ--Loan Repayment for Prosecutors and Public Defenders

``Sec. 3111. Grant authorization.
Sec. 952. National center for campus public safety.
Sec. 953. Private loan forgiveness.

       Part E--Stevenson-Wydler Technology Innovation Act of 1980

Sec. 961. Establishment of Program.
Sec. 962. Authorization of appropriations.

       TITLE X--PRIVATE STUDENT LOAN TRANSPARENCY AND IMPROVEMENT

Sec. 1001. Short title.
Sec. 1002. Definitions.
Sec. 1003. Regulations.
Sec. 1004. Effective dates.

Subtitle A--Preventing Unfair and Deceptive Private Educational Lending
            Practices and Eliminating Conflicts of Interest

Sec. 1011. Amendment to the Truth in Lending Act.
`` 140. Preventing unfair and deceptive private educational lending
              practices and eliminating conflicts of interest.
Sec. 1012. Civil liability.

[[Page H661]]

     Subtitle B--Improved Disclosures for Private Educational Loans

Sec. 1021. Private educational loan disclosures and limitations.
Sec. 1022. Application of Truth in Lending Act to all private
              educational loans.

                     Subtitle C--Financial Literacy

Sec. 1031. Coordinated education efforts.

       Subtitle D--Study and Report on Nonindividual Information

Sec. 1041. Study and report on nonindividual information.

         Subtitle E--Incentives For Low-Cost Educational Loans

Sec. 1051. CRA credit for low-cost educational loans.

     SEC. 2. REFERENCES; EFFECTIVE DATE.

       (a) References.--Except as otherwise expressly provided
     therein, 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 considered
     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 or the amendments made by this Act, the amendments made
     by this Act shall be effective on the date of enactment of
     this Act.

                      TITLE I--TITLE I AMENDMENTS

     SEC. 101. DEFINITIONS OF INSTITUTION OF HIGHER EDUCATION.

       (a) Degree Programs.--Section 101 (20 U.S.C. 1001) is
     amended--
       (1) in subsection (a)(3), by inserting ``, or awards a
     degree that is acceptable for admission to a graduate or
     professional degree program, subject to review and approval
     by the Secretary'' after ``such a degree''; and
       (2) by striking subsection (b)(2) and inserting the
     following:
       ``(2) a public or nonprofit private educational institution
     in any State that, in lieu of the requirement in subsection
     (a)(1), admits as regular students persons--
       ``(A) who are beyond the age of compulsory school
     attendance in the State in which the institution is located;
     or
       ``(B) who will be dually or concurrently enrolled in the
     institution and a secondary school.''.
       (b) International Medical Schools.--Section 102(a)(2)(A)
     (20 U.S.C. 1002(a)(2)(A)) is amended--
       (1) in the first sentence, by inserting ``nursing school,''
     after ``graduate medical school,'';
       (2) in clause (i)--
       (A) by striking ``or'' at the end of subclause (I); and
       (B) by striking subclause (II) and inserting the following
     new subclauses:

       ``(II) the institution has or had a clinical training
     program that was approved by a State as of January 1, 1992,
     and continues to operate a clinical training program in at
     least one State, which is approved by that State; or
       ``(III) the institution--

       ``(aa) has a clinical training program that was approved by
     a State before January 1, 2008;
       ``(bb) certifies only unsubsidized Stafford or PLUS loans
     under part B of title IV to graduate and professional
     students attending the institution; and
       ``(cc) agrees to reimburse the Secretary for the cost of
     any loan defaults for students included in the institution's
     cohort default rate during the previous fiscal year; or'';
     and
       (3) by striking the period at the end of clause (ii) and
     inserting ``; or''; and
       (4) by adding at the end the following new clause:
       ``(iii) in the case of a nursing school located outside of
     the United States, the institution--

       ``(I) has agreements with hospitals and eligible nursing
     schools located in the United States that include provisions
     for students to complete their clinical training at such
     hospitals and eligible nursing schools;
       ``(II) certifies only unsubsidized Stafford and PLUS loans
     under part B of title IV for students attending the
     institution; and
       ``(III) agrees to reimburse the Secretary for the cost of
     any loan defaults to the extent that the institution's cohort
     default rate exceeds 5 percent.''.

       (c) Conforming Amendment Concerning 90/10 Enforcement.--
     Section 102(b)(1) (20 U.S.C. 1002(b)(1)) is amended--
       (1) by adding ``and'' after the semicolon in subparagraph
     (D);
       (2) by striking ``; and'' and inserting a period in
     subparagraph (E); and
       (3) by striking subparagraph (F).
       (d) Additional Institutions.--Section 102 (20 U.S.C. 1002)
     is further amended--
       (1) by striking subsection (b)(2) and inserting the
     following:
       ``(2) Additional institutions.--The term `proprietary
     institution of higher education' also includes a proprietary
     educational institution in any State that, in lieu of the
     requirement in section 101(a)(1), admits as regular students
     individuals--
       ``(A) who are beyond the age of compulsory school
     attendance in the State in which the institution is located;
     or
       ``(B) who will be dually or concurrently enrolled in the
     institution and a secondary school.''; and
       (2) by striking subsection (c)(2) and inserting the
     following:
       ``(2) Additional institutions.--The term `postsecondary
     vocational institution' also includes an educational
     institution in any State that, in lieu of the requirement in
     section 101(a)(1), admits as regular students individuals--
       ``(A) who are beyond the age of compulsory school
     attendance in the State in which the institution is located;
     or
       ``(B) who will be dually or concurrently enrolled in the
     institution and a secondary school.''.

     SEC. 102. ADDITIONAL DEFINITIONS.

       (a) Amendment.--Section 103 (20 U.S.C. 1003) is amended--
       (1) by adding at the end the following new paragraphs:
       ``(17) Authorizing committees.--The term `authorizing
     committees' means the Committee on Health, Education, Labor,
     and Pensions of the Senate and the Committee on Education and
     Labor of the House of Representatives.
       ``(18) Critical foreign language.--Except as otherwise
     provided, the term `critical foreign language' means each of
     the languages contained in the list of critical languages
     designated by the Secretary in the Federal Register on August
     2, 1985 (50 Fed. Reg. 149, 31412; promulgated under the
     authority of section 212(d) of the Education for Economic
     Security Act (repealed by section 2303 of the Augustus F.
     Hawkins-Robert T. Stafford Elementary and Secondary School
     Improvement Amendments of 1988)), except that in the
     implementation of this definition with respect to a specific
     title, the Secretary may set priorities according to the
     purposes of such title and the national security, economic
     competitiveness, and educational needs of the United States.
       ``(19) Distance education.--
       ``(A) In general.--Except as otherwise provided, the term
     `distance education' means education that uses 1 or more of
     the technologies described in subparagraph (B)--
       ``(i) to deliver instruction to students who are separated
     from the instructor; and
       ``(ii) to support regular and substantive interaction
     between the students and the instructor, synchronously or
     asynchronously.
       ``(B) Inclusions.--For the purposes of subparagraph (A),
     the technologies used may include--
       ``(i) the Internet;
       ``(ii) one-way and two-way transmissions through open
     broadcast, closed circuit, cable, microwave, broadband lines,
     fiber optics, satellite, or wireless communications devices;
       ``(iii) audio conferencing; or
       ``(iv) video cassette, DVDs, and CD-ROMs, if the cassette,
     DVDs, and CD-ROMs are used in a course in conjunction with
     the technologies listed in clauses (i) through (iii).
       ``(20) High-need school.--Except with respect to title II,
     the term `high-need school' means a public or nonprofit
     private elementary or secondary school which is in a local
     educational agency which is eligible for assistance pursuant
     to title I of the Elementary and Secondary Education Act of
     1965 in the applicable fiscal year, and which for the purpose
     of this paragraph and for that year was determined by the
     Secretary (pursuant to regulations and after consultation
     with the State educational agency of the State in which the
     school is located) to be a school in which the enrollment of
     children counted under section 1113(a)(5) of the Elementary
     and Secondary Education Act of 1965 exceeds 30 percent of the
     total enrollment of that school.
       ``(21) Limited english proficient.--The term `limited
     English proficient' has the meaning given such term in
     section 9101 of the Elementary and Secondary Education Act of
     1965.
       ``(22) Universal design.--The term `universal design' means
     a concept or philosophy for designing and delivering products
     and services that are usable by people with the widest
     possible range of functional capabilities, which include
     products and services that are directly accessible (without
     requiring assistive technologies) and products and services
     that are interoperable with assistive technologies.
       ``(23) Universal design for learning.--The term `universal
     design for learning' means a research-based framework for
     designing curriculum (including goals, methods, materials,
     and assessments) that--
       ``(A) provides curricular flexibility in the ways
     information is presented, in the ways students respond or
     demonstrate knowledge, and in the ways students are engaged;
     and
       ``(B) reduces barriers in instruction and assessment,
     provides appropriate supports and challenges, and maintains
     high achievement standards for all students, including
     students with disabilities.''; and
       (2) by reordering paragraphs (1) through (16) and the
     paragraphs added by paragraph (1) of this subsection in
     alphabetical order based on the headings of such paragraphs,
     and renumbering such paragraphs as so reordered.
       (b) Conforming Amendments.--The Act (20 U.S.C. 1001 et
     seq.) is amended--
       (1) in section 131(a)(3)(B) (20 U.S.C. 1015(a)(3)(B)), by
     striking ``Committee on Labor and Human Resources of the
     Senate and the Committee on Education and the Workforce of
     the House of Representatives'' and inserting ``authorizing
     committees'';
       (2) in section 141(d)(4)(B) (20 U.S.C. 1018(d)(4)(B)), by
     striking ``Committee on Education and the Workforce of the
     House of Representatives and the Committee on Labor and Human
     Resources of the Senate'' and inserting ``authorizing
     committees'';
       (3) in section 401(f)(3) (20 U.S.C. 1070a(f)(3)), by
     striking ``to the Committee on Appropriations'' and all that
     follows through ``House of Representatives'' and inserting
     ``to the Committee on Appropriations of the Senate, the
     Committee on Appropriations of the House of Representatives,
     and the authorizing committees'';
       (4) in section 428 (20 U.S.C. 1078)--
       (A) in subsection (c)(9)(K), by striking ``House Committee
     on Education and the Workforce and the Senate Committee on
     Labor and Human Resources'' and inserting ``authorizing
     committees'';
       (B) in the matter following paragraph (2) of subsection
     (g), by striking ``Committee on Labor

[[Page H662]]

     and Human Resources of the Senate and the Committee on
     Education and the Workforce of the House of Representatives''
     and inserting ``authorizing committees''; and
       (C) in subsection (n)(4), by striking ``Committee on
     Education and the Workforce of the House of Representatives
     and the Committee on Labor and Human Resources of the
     Senate'' and inserting ``authorizing committees'';
       (5) in section 428A(c) (20 U.S.C. 1078-1(c))--
       (A) in the matter preceding subparagraph (A) of paragraph
     (2), by striking ``Chairperson'' and all that follows through
     ``House of Representatives'' and inserting ``members of the
     authorizing committees'';
       (B) in paragraph (3), by striking ``Chairperson'' and all
     that follows through ``House of Representatives'' and
     inserting ``members of the authorizing committees''; and
       (C) in paragraph (5), by striking ``Chairperson'' and all
     that follows through ``House of Representatives'' and
     inserting ``members of the authorizing committees'';
       (6) in section 432 (20 U.S.C. 1082)--
       (A) in subsection (f)(1)(C), by striking ``the Committee on
     Education and the Workforce of the House of Representatives
     or the Committee on Labor and Human Resources of the Senate''
     and inserting ``either of the authorizing committees''; and
       (B) in the matter following subparagraph (D) of subsection
     (n)(3), by striking ``Committee on Education and the
     Workforce of the House of Representatives and the Committee
     on Labor and Human Resources of the Senate'' and inserting
     ``authorizing committees'';
       (7) in section 437(c)(1) (20 U.S.C. 1087(c)(1)), by
     striking ``Committee on Education and the Workforce of the
     House of Representatives and the Committee on Labor and Human
     Resources of the Senate'' and inserting ``authorizing
     committees'';
       (8) in section 439 (20 U.S.C. 1087-2)--
       (A) in subsection (d)(1)(E)(iii), by striking ``advise the
     Chairman'' and all that follows through ``House of
     Representatives'' and inserting ``advise the members of the
     authorizing committees'';
       (B) in subsection (r)--
       (i) in paragraph (3), by striking ``inform the Chairman''
     and all that follows through ``House of Representatives,''
     and inserting ``inform the members of the authorizing
     committees'';
       (ii) in paragraph (5)(B), by striking ``plan, to the
     Chairman'' and all that follows through ``Education and
     Labor'' and inserting ``plan, to the members of the
     authorizing committees'';
       (iii) in paragraph (6)(B)--

       (I) by striking ``plan, to the Chairman'' and all that
     follows through ``House of Representatives'' and inserting
     ``plan, to the members of the authorizing committees''; and
       (II) by striking ``Chairmen and ranking minority members of
     such Committees'' and inserting ``members of the authorizing
     committees'';

       (iv) in paragraph (8)(C), by striking ``implemented to the
     Chairman'' and all that follows through ``House of
     Representatives, and'' and inserting ``implemented to the
     members of the authorizing committees, and to''; and
       (v) in the matter preceding subparagraph (A) of paragraph
     (10), by striking ``days to the Chairman'' and all that
     follows through ``Education and Labor'' and inserting ``days
     to the members of the authorizing committees''; and
       (C) in subsection (s)(2)--
       (i) in the matter preceding clause (i) of subparagraph (A),
     by striking ``Treasury and to the Chairman'' and all that
     follows through ``House of Representatives'' and inserting
     ``Treasury and to the members of the authorizing
     committees''; and
       (ii) in subparagraph (B), by striking ``Treasury and to the
     Chairman'' and all that follows through ``House of
     Representatives'' and inserting ``Treasury and to the members
     of the authorizing committees'';
       (9) in section 455(b)(8)(B) (20 U.S.C. 1087e(b)(8)(B)), by
     striking ``Committee on Labor and Human Resources of the
     Senate and the Committee on Education and the Workforce of
     the House of Representatives'' and inserting ``authorizing
     committees'';
       (10) in section 482(d) (20 U.S.C. 1089(d)), by striking
     ``Committee on Labor and Human Resources of the Senate and
     the Committee on Education and Labor of the House of
     Representatives'' and inserting ``authorizing committees'';
       (11) in section 483(c) (20 U.S.C. 1090(c)), by striking
     ``Committee on Labor and Human Resources of the Senate and
     the Committee on Education and the Workforce of the House of
     Representatives'' and inserting ``authorizing committees'';
       (12) in section 485 (20 U.S.C. 1092)--
       (A) in subsection (f)(5)(A), by striking ``Committee on
     Education and the Workforce of the House of Representatives
     and the Committee on Labor and Human Resources of the
     Senate'' and inserting ``authorizing committees''; and
       (B) in subsection (g)(4)(B), by striking ``Committee on
     Education and the Workforce of the House of Representatives
     and the Committee on Labor and Human Resources of the
     Senate'' and inserting ``authorizing committees'';
       (13) in section 486 (20 U.S.C. 1093)--
       (A) in subsection (e), by striking ``Committee on Labor and
     Human Resources of the Senate and the Committee on Education
     and the Workforce of the House of Representatives'' and
     inserting ``authorizing committees''; and
       (B) in subsection (f)(3)--
       (i) in the matter preceding clause (i) of subparagraph (A),
     by striking ``Committee on Labor and Human Resources of the
     Senate and the Committee on Education and the Workforce of
     the House of Representatives'' and inserting ``authorizing
     committees''; and
       (ii) in the matter preceding clause (i) of subparagraph
     (B), by striking ``Committee on Labor and Human Resources of
     the Senate and the Committee on Education and the Workforce
     of the House of Representatives'' and inserting ``authorizing
     committees'';
       (14) in section 487A(a)(5) (20 U.S.C. 1094a(a)(5)), by
     striking ``Committee on Labor and Human Resources of the
     Senate and the Committee on Education and the Workforce of
     the House of Representatives'' and inserting ``authorizing
     committees''; and
       (15) in section 498B(d) (20 U.S.C. 1099c-2(d))--
       (A) in paragraph (1), by striking ``Committee on Labor and
     Human Resources of the Senate and the Committee on Education
     and the Workforce of the House of Representatives'' and
     inserting ``authorizing committees''; and
       (B) in paragraph (2), by striking ``Committee on Labor and
     Human Resources of the Senate and the Committee on Education
     and the Workforce of the House of Representatives'' and
     inserting ``authorizing committees''.

     SEC. 103. TREATMENT OF TERRITORIES AND TERRITORIAL STUDENT
                   ASSISTANCE.

       Section 113 (20 U.S.C. 1011b) is amended--
       (1) by striking ``TREATMENT OF TERRITORIES AND TERRITORIAL
     STUDENT ASSISTANCE'' in the heading of such section and
     inserting ``TERRITORIAL WAIVER AUTHORITY''; and
       (2) by striking ``(a) Waiver Authority.--''; and
       (3) by striking subsection (b).

     SEC. 104. NATIONAL ADVISORY COMMITTEE ON INSTITUTIONAL
                   QUALITY AND INTEGRITY.

       (a) Amendment.--Section 114 (20 U.S.C. 1011c) is amended to
     read as follows:

     ``SEC. 114. NATIONAL ADVISORY COMMITTEE ON INSTITUTIONAL
                   QUALITY AND INTEGRITY.

       ``(a) Establishment.--There is established in the
     Department a National Advisory Committee on Institutional
     Quality and Integrity (in this section referred to as the
     `Committee') to assess the process of accreditation and the
     institutional eligibility and certification of such
     institutions under title IV.
       ``(b) Membership.--
       ``(1) In general.--The Committee shall have 18 members, of
     which--
       ``(A) 6 members shall be appointed by the Secretary;
       ``(B) 6 members shall be appointed by the Speaker of the
     House of Representatives, 3 members on the recommendation of
     the majority leader of the House of Representatives, and 3
     members on the recommendation of the minority leader of the
     House of Representatives; and
       ``(C) 6 members shall be appointed by the President pro
     tempore of the Senate, 3 members on the recommendation of the
     majority leader of the Senate, and 3 members on the
     recommendation of the minority leader of the Senate.
       ``(2) Qualifications.--Individuals shall be appointed as
     members of the Committee--
       ``(A) on the basis of the individuals' experience,
     integrity, impartiality, and good judgment;
       ``(B) from among individuals who are representatives of, or
     knowledgeable concerning, education and training beyond
     secondary education, representing all sectors and types of
     institutions of higher education (as defined in section 102);
     and
       ``(C) on the basis of the individuals' technical
     qualifications, professional standing, and demonstrated
     knowledge in the fields of accreditation and administration
     in higher education.
       ``(3) Terms of members.--Except as provided in paragraph
     (5), the term of office of each member of the Committee shall
     be for 6 years, except that any member appointed to fill a
     vacancy occurring prior to the expiration of the term for
     which the member's predecessor was appointed shall be
     appointed for the remainder of such term.
       ``(4) Vacancy.--A vacancy on the Committee shall be filled
     in the same manner as the original appointment was made not
     later than 90 days after the vacancy occurs. If a vacancy
     occurs in a position to be filled by the Secretary, the
     Secretary shall publish a Federal Register notice soliciting
     nominations for the position not later than 30 days after
     being notified of the vacancy.
       ``(5) Initial terms.--The terms of office for the initial
     members of the Committee shall be--
       ``(A) 3 years for members appointed under paragraph (1)(A);
       ``(B) 4 years for members appointed under paragraph (1)(B);
     and
       ``(C) 6 years for members appointed under paragraph (1)(C).
       ``(6) Chairperson.--The members of the Committee shall
     select a chairperson from among the members.
       ``(c) Functions.--The Committee shall--
       ``(1) advise the Secretary with respect to establishment
     and enforcement of the standards of accrediting agencies or
     associations under subpart 2 of part H of title IV;
       ``(2) advise the Secretary with respect to the recognition
     of a specific accrediting agency or association;
       ``(3) advise the Secretary with respect to the preparation
     and publication of the list of nationally recognized
     accrediting agencies and associations;
       ``(4) advise the Secretary with respect to the eligibility
     and certification process for institutions of higher
     education under title IV, together with recommendations for
     improvements in such process;
       ``(5) advise the Secretary with respect to the relationship
     between--
       ``(A) accreditation of institutions of higher education and
     the certification and eligibility of such institutions; and
       ``(B) State licensing responsibilities with respect to such
     institutions;
       ``(6) take into consideration the complaints, and the
     resolution of such complaints, received by the ombudsman
     described in section 497 when advising the Secretary with
     respect to the recognition of a specific accrediting agency
     or association; and

[[Page H663]]

       ``(7) carry out such other advisory functions relating to
     accreditation and institutional eligibility as the Secretary
     may prescribe by regulation.
       ``(d) Meeting Procedures.--
       ``(1) Schedule.--
       ``(A) Biannual meetings.--The Committee shall meet not less
     often than twice each year, at the call of the Chairperson.
       ``(B) Publication of date.--The Committee shall submit the
     date and location of each meeting in advance to the
     Secretary, and the Secretary shall publish such information
     in the Federal Register not later than 30 days before the
     meeting.
       ``(2) Agenda.--
       ``(A) Establishment.--The agenda for a meeting of the
     Committee shall be established by the Chairperson and shall
     be submitted to the members of the Committee upon
     notification of the meeting.
       ``(B) Opportunity for public comment.--The agenda shall
     include, at a minimum, opportunity for public comment during
     the Committee's deliberations.
       ``(3) Federal advisory committee act.--The provisions of
     the Federal Advisory Committee Act (5 U.S.C. App.) shall
     apply to the Committee, except that section 14 of such Act
     shall not apply.
       ``(e) Limitation.--The Committee shall not recommend denial
     of an application related to the recognition of an
     accrediting agency or association for any reason other than a
     reason set forth in section 496.
       ``(f) Report and Notice.--
       ``(1) Notice.--The Secretary shall annually publish in the
     Federal Register--
       ``(A) a list containing, for each member of the Committee--
       ``(i) the member's name;
       ``(ii) the date of the expiration of the member's term of
     office; and
       ``(iii) the individual described in subsection (b)(1) who
     appointed the member; and
       ``(B) a solicitation of nominations for each expiring term
     of office on the Committee of a member appointed by the
     Secretary.
       ``(2) Report.--Not later than September 30 of each year,
     the Committee shall make an annual report to the Secretary,
     the authorizing committees, and the public. The annual report
     shall contain--
       ``(A) a detailed summary of the agenda and activities of,
     and the findings and recommendations made by, the Committee
     during the preceding fiscal year;
       ``(B) a list of the date and location of each meeting
     during the preceding fiscal year;
       ``(C) a list of the members of the Committee and
     appropriate contact information; and
       ``(D) a list of the functions of the Committee, including
     any additional functions established by the Secretary through
     regulation.
       ``(g) Termination.--The Committee shall terminate on
     September 30, 2012.''.
       (b) Effective Date.--The amendment made by subsection (a)
     shall be effective January 1, 2009.

     SEC. 105. DRUG AND ALCOHOL ABUSE PREVENTION.

       Section 120 (20 U.S.C. 1011i) is amended--
       (1) in subsection (a)(2)--
       (A) in subparagraph (A), by striking ``and'' after the
     semicolon;
       (B) by redesignating subparagraph (B) as subparagraph (D);
     and
       (C) by inserting after subparagraph (A) (as amended by
     subparagraph (A) of this paragraph) the following:
       ``(B) determine the number of drug and alcohol-related
     incidents and fatalities that--
       ``(i) occur on the institution's property or as part of any
     of the institution's activities; and
       ``(ii) are reported to the institution;
       ``(C) determine the number and type of sanctions described
     in paragraph (1)(E) that are imposed by the institution as a
     result of drug and alcohol-related incidents and fatalities
     on the institution's property or as part of any of the
     institution's activities; and'';
       (2) in subsection (e)(5), by striking ``1999'' and
     inserting ``2009''; and
       (3) by striking subsection (f).

     SEC. 106. PRIOR RIGHTS AND OBLIGATIONS.

       Section 121(a) (20 U.S.C. 1011j(a)) is amended--
       (1) in paragraph (1), by striking ``1999 and for each of
     the 4 succeeding fiscal years'' and inserting ``2009 and for
     each succeeding fiscal year''; and
       (2) in paragraph (2), by striking ``1999 and for each of
     the 4 succeeding fiscal years'' and inserting ``2009 and for
     each succeeding fiscal year''.

     SEC. 107. IMPROVED INFORMATION CONCERNING THE FEDERAL STUDENT
                   FINANCIAL AID WEBSITE.

       Section 131 (20 U.S.C. 1015) is amended by striking
     subsection (d) and inserting the following:
       ``(d) Promotion of the Department of Education Federal
     Student Financial Aid Website.--The Secretary--
       ``(1) shall display a link to the Federal student financial
     aid website of the Department of Education in a prominent
     place on the homepage of the Department of Education website;
     and
       ``(2) may use administrative funds available for the
     Department's operations and expenses for the purpose of
     advertising and promoting the availability of the Federal
     student financial aid website.
       ``(e) Promotion of Availability of Information Concerning
     Student Financial Aid Programs of Other Departments and
     Agencies.--
       ``(1) Availability of information.--The Secretary shall
     ensure that the eligibility requirements, application
     procedures, financial terms and conditions, and other
     relevant information for each non-departmental student
     financial assistance program are easily accessible through
     the Federal student financial aid website and are
     incorporated into the search matrix on such website in a
     manner that permits students and parents to readily identify
     the programs that are appropriate to their needs and
     eligibility.
       ``(2) Agency response.--Each Federal department and agency
     shall promptly respond to surveys or other requests for the
     information required by paragraph (1), and shall identify for
     the Secretary any non-departmental student financial
     assistance program operated, sponsored, or supported by such
     Federal department or agency.
       ``(3) Definition.--For purposes of this subsection, the
     term `non-departmental student financial assistance program'
     means any grant, loan, scholarship, fellowship, or other form
     of financial aid for students pursuing a postsecondary
     education that is--
       ``(A) distributed directly to the student or to the
     student's account at on institution of higher education; and
       ``(B) operated, sponsored, or supported by a Federal
     department or agency other than the Department of
     Education.''.

     SEC. 108. STATE COMMITMENT TO AFFORDABLE COLLEGE EDUCATION.

       Part C of title I (20 U.S.C. 1015) is amended by adding at
     the end the following new section:

     ``SEC. 132. STATE COMMITMENT TO AFFORDABLE COLLEGE EDUCATION.

       ``(a) Maintenance of Effort Required.--A State shall
     provide for public institutions of higher education in such
     State for any academic year beginning on or after July 1,
     2008, an amount which is--
       ``(1) equal to or greater than the average amount provided
     by such State to such institutions of higher education during
     the 5 most recent preceding academic years for which
     satisfactory data are available; or
       ``(2) equal to or greater than the amount provided by such
     State to such institutions of higher education during the
     preceding academic year.
       ``(b) Waiver.--The Secretary shall waive the requirements
     of subsection (a), if the Secretary determines that such a
     waiver would be equitable due to exceptional or
     uncontrollable circumstances, such as a natural disaster or a
     precipitous decline in the financial resources of a State or
     State educational agency, as appropriate.
       ``(c) Violation of Maintenance of Effort.--Notwithstanding
     any other provision of law, the Secretary shall withhold from
     any State that violates subsection (a) and does not receive a
     waiver pursuant to subsection (b) any amount that would
     otherwise be available to the State under section 415E until
     such State has made significant efforts to correct such
     violation.
       ``(d) Research Into Cost Containment Methods.--The
     Secretary is authorized--
       ``(1) to identify methods of cost containment currently
     utilized by institutions of higher education and systems of
     such institutions, and research into other possible methods
     of cost containment;
       ``(2) to disseminate--
       ``(A) the information obtained by such research to such
     institutions and systems; and
       ``(B) other information concerning research that has
     identified successful methods of cost containment;
       ``(3) to publicly recognize institutions of higher
     education that are doing an effective job at cost
     containment; and
       ``(4) to work together with such institutions and systems
     to implement these methods.''.

     SEC. 109. TRANSPARENCY IN COLLEGE TUITION FOR CONSUMERS.

       Part C of title I (20 U.S.C. 1015) is further amended by
     adding after section 132 (as added by section 108 of this
     Act) the following new section:

     ``SEC. 133. TRANSPARENCY IN COLLEGE TUITION FOR CONSUMERS.

       ``(a) Net Price.--In this section, the term `net price'
     means the average yearly tuition and fees paid by a full-time
     undergraduate student at an institution of higher education,
     after discounts and grants from the institution, the Federal
     Government, or a State have been applied to the full price of
     tuition and fees at the institution.
       ``(b) Higher Education Price Index.--
       ``(1) In general.--Not later than 1 year after the date of
     enactment of the College Opportunity and Affordability Act of
     2007, the Bureau of Labor Statistics, in consultation with
     the Commissioner of Education Statistics and representatives
     of institutions of higher education, shall develop higher
     education price indices that accurately reflect the annual
     change in tuition and fees for undergraduate students in the
     categories of institutions listed in paragraph (2). Such
     indices shall be updated annually. Prior to the completion of
     the higher education price index, the Secretary is authorized
     to use an alternative, comparable index.
       ``(2) Development.--The higher education price indices
     under paragraph (1) shall be developed for each of the
     following categories:
       ``(A) 4-year public institutions of higher education.
       ``(B) 4-year private, nonprofit institutions of higher
     education.
       ``(C) 4-year private, for-profit institutions of higher
     education.
       ``(D) 2-year public institutions of higher education.
       ``(E) 2-year private, nonprofit institutions of higher
     education.
       ``(F) 2-year private, for-profit institutions of higher
     education.
       ``(G) Less than 2-year public institutions of higher
     education.
       ``(H) Less than 2-year private, nonprofit institutions of
     higher education.

[[Page H664]]

       ``(I) Less than 2-year private, for-profit institutions of
     higher education.
       ``(J) All types of institutions described in subparagraphs
     (A) through (I).
       ``(c) Reporting.--
       ``(1) In general.--The Secretary shall make publicly
     available on an annual basis, in a sortable electronic format
     on the College Navigator website, a national list ranking
     institutions of higher education according to the percentage
     change and dollar change in such institutions' tuition and
     fees over the preceding 3 years. Such list shall be capable
     of being sorted by State, by category as determined under
     paragraph (2), by percentage change, and by dollar change.
     The purpose of such list is to provide consumers with general
     information on pricing trends among institutions of higher
     education nationally and in each State.
       ``(2) Categories.--The categories to be used for the list
     described in paragraph (1) are the categories listed in
     subparagraphs (A) through (I) of subsection (b)(2).
       ``(3) Higher education price increase watch lists.--
     Effective July 1, 2008, the Secretary shall annually update
     and make publicly available on the College Navigator website,
     the national list developed under paragraph (1), and the list
     for each State, ranking each institution of higher education
     whose tuition and fees outpace such institution's applicable
     higher education price index described in subsection (b).
     Such lists shall--
       ``(A) be known as the Higher Education Price Increase Watch
     Lists;
       ``(B) report the full price of tuition and fees at the
     institution and the net price;
       ``(C) include data cells for common expenditures for
     institutions to utilize;
       ``(D) where applicable, report the average price of room
     and board for students living on campus at the institution,
     except that such price shall not be used in determining
     whether an institution's cost outpaces such institution's
     applicable higher education price index; and
       ``(E) be compiled by the Secretary in a public document to
     be widely published and disseminated.
       ``(4) Quality efficiency task forces.--
       ``(A) Required.--Each institution subject to paragraph (3)
     shall establish a quality-efficiency task force to review the
     operations of such institution.
       ``(B) Functions.--Such task force shall analyze
     institutional operating costs in comparison with such costs
     at other institutions within the same category of
     institutions. Such analysis shall identify areas where, in
     comparison with other institutions in such class, the
     institution operates more expensively to produce a similar
     result. Any identified areas shall then be targeted for in-
     depth analysis for cost reduction opportunities.
       ``(C) Report.--The results of the analysis by a quality-
     efficiency task force under this paragraph shall be made
     available to the public on the College Navigator website.
       ``(5) Exemptions.--Notwithstanding paragraph (3), an
     institution shall not be placed on the higher education watch
     list if, for any 3-year interval for the computed price under
     paragraph (1)--
       ``(A) with respect to the category of institutions
     described in paragraph (2) to which the institution belongs,
     the computed price of the institution is in the lowest
     quartile of institutions within such class, as determined by
     the Secretary, during the last year of such 3-year interval;
     or
       ``(B) the institution has a percentage change in its full
     price computed under paragraph (3) that exceeds the higher
     education price index, or exceeds the applicable higher
     education price index over the same time period, but the
     dollar amount of the full price increase is less than $500,
     or the full price increase is an average of the higher
     education price index plus $500 per year.
       ``(6) State higher education appropriations chart.--The
     Secretary shall annually report on the Department's website,
     in charts for each State--
       ``(A) a comparison of the percentage change in State
     appropriations per enrolled student in a public institution
     of higher education in the State to the percentage change in
     tuition and fees for each public institution of higher
     education in the State for each of the previous 5 years; and
       ``(B) the total amount of need-based and merit-based aid
     provided by the State to students enrolled in an institution
     of higher education in the State.
       ``(d) Net Price Calculator.--
       ``(1) Development.--Not later than 1 year after the date of
     enactment of the College Opportunity and Affordability Act of
     2007, the Secretary shall, in consultation with institutions
     of higher education, develop and make several model net price
     calculators to help students, families, and consumers
     determine the net price of an institution of higher
     education, which institutions of higher education may, at
     their discretion, elect to use pursuant to paragraph (3).
       ``(2) Categories.--The model net price calculators
     described in paragraph (1) shall be developed for each of the
     categories listed in subparagraphs (A) through (I) of
     subsection (b)(2).
       ``(3) Use of net price calculator by institutions.--Not
     later than 3 years after the date of enactment of the College
     Opportunity and Affordability Act of 2007, each institution
     of higher education that receives Federal funds under this
     Act shall adopt and use a net price calculator to help
     students, families, and other consumers determine the net
     price of such institution of higher education. Such
     calculator may be--
       ``(A) based on a model calculator developed by the
     Department; or
       ``(B) developed by the institution of higher education.
       ``(e) Net Price Reporting in Application Information.--An
     institution of higher education that receives Federal funds
     under this Act shall include, in the materials accompanying
     an application for admission to the institution, the most
     recent information regarding the net price of the
     institution, calculated for each quartile of students based
     on the income of either the students' parents or, in the case
     of independent students (as such term is described in section
     480), of the students, for each of the 2 academic years
     preceding the academic year for which the application is
     produced.
       ``(f) Enhanced College Navigator.--
       ``(1) University and college accountability network.--Not
     later than 1 year after the date of enactment of the College
     Opportunity and Affordability Act of 2007, the Secretary
     shall develop a model format for annually publicly displaying
     basic information about an institution of higher education
     that chooses to participate, to be posted on the College
     Navigator and made available to institutions of higher
     education, students, families, and other consumers. Such
     document shall be known as the University and College
     Accountability Network (U-CAN), and shall include, the
     following information about the institution of higher
     education for the most recent academic year for which the
     institution has available data, presented in a consumer-
     friendly manner:
       ``(A) A statement of the institution's mission and
     specialties.
       ``(B) The total number of undergraduate students who
     applied, were admitted, and enrolled at the institution.
       ``(C) Where applicable, reading, writing, mathematics, and
     combined scores on the SAT or ACT for the middle 50 percent
     range of the institution's freshman class.
       ``(D) Enrollment of full-time, part-time, and transfer
     students at the institution, at the undergraduate and (where
     applicable) graduate levels.
       ``(E) Percentage of male and female undergraduate students
     enrolled at the institution.
       ``(F) Percentage of enrolled undergraduate students from
     the State in which the institution is located, from other
     States, and from other countries.
       ``(G) Percentage of enrolled undergraduate students at the
     institution by race and ethnic background.
       ``(H) Retention rates for full-time and part-time first-
     time, first-year undergraduate students enrolled at the
     institution.
       ``(I) Average time to degree or certificate completion for
     first-time, first-year undergraduate students enrolled at the
     institution.
       ``(J) Percentage of enrolled undergraduate students who
     graduate within 2 years (in the case of 2-year institutions),
     and 4, 5, and 6 years (in the case of 2-year and 4-year
     institutions).
       ``(K) Number of students who obtained a certificate or an
     associate's, bachelor's, master's, or doctoral degree at the
     institution.
       ``(L) Undergraduate major areas of study with the highest
     number of degrees awarded.
       ``(M) The student-faculty ratio, and number of full-time,
     part-time, and adjunct faculty, and graduate teaching and
     research assistants with instructional responsibilities, at
     the institution.
       ``(N) Percentage of faculty at the institution with the
     highest degree in their field.
       ``(O) Percentage change in total price in tuition and fees
     and the net price for an undergraduate at the institution in
     each of the preceding 3 academic years.
       ``(P) Total average yearly cost of tuition and fees, room
     and board, and books and other related costs for an
     undergraduate student enrolled at the institution, for--
       ``(i) full-time undergraduate students living on campus;
       ``(ii) full-time undergraduate students living off campus;
     and
       ``(iii) in the case of students attending a public
     institution of higher education, such costs for in-State and
     out-of-State students living on and off campus.
       ``(Q) Average yearly grant amount (including Federal,
     State, and institutional aid) for a student enrolled at the
     institution.
       ``(R) Average yearly amount of Federal student loans, and
     other loans provided through the institution, to
     undergraduate students enrolled at the institution.
       ``(S) Total yearly grant aid available to undergraduate
     students enrolled at the institution, from the Federal
     Government, a State, the institution, and other sources.
       ``(T) Percentage of undergraduate students enrolled at the
     institution receiving Federal, State, and institutional
     grants, student loans, and any other type of student
     financial assistance provided publicly or through the
     institution, such as Federal work-study funds.
       ``(U) Number of students receiving Federal Pell Grants at
     the institution.
       ``(V) Average net price for all undergraduate students
     enrolled at the institution.
       ``(W) Percentage of first-year undergraduate students
     enrolled at the institution who live on campus and off
     campus.
       ``(X) Information on the policies of the institution
     related to transfer of credit from other institutions.
       ``(Y) Information on campus safety required to be collected
     under section 485(f).
       ``(Z) Links to the appropriate sections of the
     institution's website that provide information on student
     activities offered by the institution, such as
     intercollegiate sports, student organizations, study abroad
     opportunities, intramural and club sports, specialized
     housing options, community service opportunities, cultural
     and arts opportunities on campus, religious and spiritual
     life on campus, and lectures and outside learning
     opportunities.
       ``(AA) Links to the appropriate sections of the
     institution's website that provide information on services
     offered by the institution to students

[[Page H665]]

     during and after college, such as internship opportunities,
     career and placement services, and preparation for further
     education.
       ``(2) Consultation.--The Secretary shall ensure that
     current and prospective college students, family members of
     such students, and institutions of higher education are
     consulted in carrying out paragraph (1).
       ``(g) Student Aid Recipient Survey.--
       ``(1) Survey required.--The Secretary shall conduct a
     survey of student aid recipients under title IV on a regular
     cycle and State-by-State basis, but not less than once every
     4 years--
       ``(A) to identify the population of students receiving
     Federal student aid;
       ``(B) to describe the income distribution and other
     socioeconomic characteristics of federally aided students;
       ``(C) to describe the combinations of aid from State,
     Federal, and private sources received by students from all
     income groups;
       ``(D) to describe the debt burden of educational loan
     recipients and their capacity to repay their education debts,
     and the impact of such debt burden on career choices;
       ``(E) to describe the role played by the price of
     postsecondary education in the determination by students of
     what institution to attend; and
       ``(F) to describe how the increased costs of textbooks and
     other instructional materials affects the costs of
     postsecondary education to students.
       ``(2) Survey design.--The survey shall be representative of
     full-time and part-time, undergraduate, graduate,
     professional, and current and former students in all types of
     institutions, and designed and administered in consultation
     with the Congress and the postsecondary education community.
       ``(3) Dissemination.--The Commissioner of Education
     Statistics shall disseminate the information resulting from
     the survey in both printed and electronic form.
       ``(h) Regulations.--The Secretary is authorized to issue
     such regulations as may be necessary to carry out the
     provisions of this section.''.

     SEC. 110. TEXTBOOK INFORMATION.

       Part C of title I (20 U.S.C. 1015) is further amended by
     adding after section 133 (as added by section 109 of this
     Act) the following new section:

     ``SEC. 134. TEXTBOOK INFORMATION.

       ``(a) Purpose and Intent.--The purpose of this section is
     to ensure that every student in higher education is offered
     better and more timely access to affordable course materials
     by educating and informing faculty, students, administrators,
     institutions of higher education, bookstores, distributors,
     and publishers on all aspects of the selection, purchase,
     sale, and use of course materials. It is the intent of this
     section--
       ``(1) to have all involved parties work together to
     identify ways to decrease the cost of college textbooks and
     supplemental materials for students while protecting the
     academic freedom of faculty members to select high quality
     course materials for students; and
       ``(2) to encourage--
       ``(A) college textbook publishers and distributors to work
     with faculty to promote understanding of the cost to students
     of purchasing faculty selected textbooks, including the
     disclosure of prices and bundling practices;
       ``(B) college bookstores to work with faculty to review
     timelines and processes for ordering and stocking course
     materials, and to disclose costs to faculty and students in a
     timely manner;
       ``(C) institutions of higher education to implement
     numerous options to address college textbook affordability;
       ``(D) institutions of higher education to work with student
     organizations to help students understand the factors driving
     textbook costs and available methods and resources to
     mitigate the effects of those costs; and
       ``(E) innovation in the development and use of course
     materials (including course materials utilizing the
     principles of universal design) and technologies that can
     help students receive the full value of their educational
     investment.
       ``(b) Definitions.--In this section:
       ``(1) Bundle.--The term `bundle' means one or more college
     textbooks or other supplemental learning materials that may
     be packaged together to be sold as course materials for one
     price.
       ``(2) College textbook.--The term `college textbook' means
     a textbook or a set of textbooks, used for, or in conjunction
     with, a course in postsecondary education at an institution
     of higher education.
       ``(3) Course schedule.--The term `course schedule' means a
     listing of the courses or classes offered by an institution
     of higher education for an academic period, as defined by the
     institution.
       ``(4) Custom textbook.--The term `custom textbook'--
       ``(A) means a college textbook that is compiled at the
     direction of a faculty member or other person or adopting
     entity in charge of selecting course materials at an
     institution of higher education; and
       ``(B) may include, alone or in combination, items such as
     selections from original instructor materials, previously
     copyrighted publisher materials, copyrighted third-party
     works, and elements unique to a specific institution, such as
     commemorative editions.
       ``(5) Institution of higher education.--The term
     `institution of higher education' has the meaning given the
     term in section 102.
       ``(6) Integrated textbook.--The term `integrated textbook'
     means a college textbook that is combined with materials
     developed by a third party and that, by third-party
     contractual agreement, may not be offered by publishers
     separately from the college textbook with which the materials
     are combined.
       ``(7) Publisher.--The term `publisher' means a publisher of
     college textbooks or supplemental materials involved in or
     affecting interstate commerce.
       ``(8) Substantial content.--The term `substantial content'
     means parts of a college textbook, such as new chapters,
     additional eras of time, new themes, or new subject matter.
       ``(9) Supplemental material.--The term `supplemental
     material' means educational material developed to accompany a
     college textbook, which--
       ``(A) may include printed materials, computer disks,
     website access, and electronically distributed materials; and
       ``(B) is not bound by third-party contractual agreements to
     be sold in an integrated textbook.
       ``(c) Publisher Requirements.--
       ``(1) College textbook pricing information.--When a
     publisher provides a faculty member or other person or
     adopting entity in charge of selecting course materials at an
     institution of higher education with information regarding a
     college textbook or supplemental material, the publisher
     shall include, with any such information and in writing, the
     following:
       ``(A) The price at which the publisher would make the
     college textbook or supplemental material available to the
     bookstore on the campus of, or otherwise associated with,
     such institution of higher education.
       ``(B) The copyright dates of all previous editions of such
     college textbook, if any.
       ``(C) The substantial content revisions made between the
     current edition of the college textbook or supplemental
     material and the previous edition, if any.
       ``(D) Whether the college textbook or supplemental material
     is available in any other format, including paperback and
     unbound, and the price at which the publisher would make the
     college textbook or supplemental material in the other format
     available to the bookstore on the campus of, or otherwise
     associated with, such institution of higher education.
       ``(2) Unbundling of college textbooks from supplemental
     materials.--A publisher that sells a college textbook and any
     supplemental material accompanying such college textbook as a
     single bundle shall also make available the college textbook
     and each supplemental material as separate and unbundled
     items, each separately priced.
       ``(3) Custom textbooks.--To the maximum extent practicable,
     publishers shall provide the information required under this
     subsection with respect to the development and provision of
     custom textbooks.
       ``(d) Provision of ISBN College Textbook Information in
     Course Schedules.--
       ``(1) Internet course schedules.--Each institution of
     higher education, to the maximum extent practicable, shall--
       ``(A) disclose the International Standard Book Number and
     retail price information of required and recommended
     textbooks, related materials, and supplies for each course
     listed in the institution's course schedule used for pre-
     registration and registration purposes;
       ``(B) if the International Standard Book Number is not
     available for the items listed in subparagraph (A), use the
     author, title, publisher, and copyright date; and
       ``(C) if the institution determines that the disclosure of
     the information described in the preceding subparagraphs for
     a course is not practicable for a textbook, related material,
     or supply, then it should so indicate by placing the
     designation `To Be Determined' in lieu of the information
     required under such subparagraphs.
       ``(2) Written course schedules.--In the case of an
     institution of higher education that does not publish the
     institution's course schedule for the subsequent academic
     period on the Internet, the institution of higher education
     shall include the information required under paragraph (1) in
     any printed version of the institution's course schedule as
     it is available at the time of the course schedule's
     printing.
       ``(e) Availability of Information for College Bookstores.--
     An institution of higher education shall make available, as
     soon as is practicable, upon the request of any college
     bookstore, the most accurate information available
     regarding--
       ``(1) the institution's course schedule for the subsequent
     academic period; and
       ``(2) for each course or class offered by the institution
     for the subsequent academic period--
       ``(A) the information required by subsection (d)(1) for
     each college textbook or supplemental material required or
     recommended for such course or class;
       ``(B) the number of students enrolled in such course or
     class; and
       ``(C) the maximum student enrollment for such course or
     class.
       ``(f) Rule of Construction.--Nothing in this section shall
     be construed to supercede the institutional autonomy or
     academic freedom of instructors involved in the selection of
     college textbooks and classroom materials.
       ``(g) Effective Date.--This section shall be effective on
     and after July 1, 2008.''.

     SEC. 111. DATABASE OF STUDENT INFORMATION PROHIBITED.

       Part C of title I (20 U.S.C. 1015) is further amended by
     adding after section 134 (as added by section 110 of this
     Act) the following new section:

     ``SEC. 135. DATABASE OF STUDENT INFORMATION PROHIBITED.

       ``(a) Prohibition.--Except as described in subsection (b),
     nothing in this Act shall be construed to authorize the
     Secretary to develop, implement, or maintain a Federal
     database of personally identifiable information on
     individuals receiving assistance under this Act, attending
     institutions receiving assistance under this Act, or
     otherwise involved in any studies or other collections of
     data under this Act, including a student unit record system,
     an education bar

[[Page H666]]

     code system, or any other system that tracks individual
     students over time.
       ``(b) Exception.--The provisions of subsection (a) shall
     not apply to a system (or a successor system) that is
     necessary for the operation of programs authorized by title
     II, IV, or VII, or data required to be collected by the
     Secretary under this Act (including section 133(g)), that
     were in use by the Secretary, directly or through a
     contractor, as of the day before the date of enactment of the
     College Opportunity and Affordability Act of 2007.
       ``(c) State Databases.--Nothing in this Act shall prohibit
     a State or a consortium of States from developing,
     implementing, or maintaining State-developed databases that
     track individuals over time, including student unit record
     systems that contain information related to enrollment,
     attendance, graduation and retention rates, student financial
     assistance, and graduate employment outcomes.''.

     SEC. 112. INSTITUTION AND LENDER REPORTING AND DISCLOSURE
                   REQUIREMENTS.

       Title I (20 U.S.C. 1001 et seq.) is amended by adding at
     the end the following:

 ``PART E--LENDER AND INSTITUTION REQUIREMENTS RELATING TO EDUCATIONAL
                                 LOANS

     ``SEC. 151. DEFINITIONS.

       ``In this part:
       ``(1) Covered institution.--The term `covered
     institution'--
       ``(A) means any educational institution that--
       ``(i) offers a postsecondary educational degree,
     certificate, or program of study (including any institution
     of higher education, as such term is defined in section 102);
     and
       ``(ii) receives any Federal funding or assistance; and
       ``(B) includes an authorized agent of the educational
     institution (including an alumni association, booster club,
     or other organization directly or indirectly authorized by
     such institution) or an employee of such institution.
       ``(2) Educational loan.--The term `educational loan'
     (except when used as part of the term `private educational
     loan') means--
       ``(A) any loan made, insured, or guaranteed under title IV;
     or
       ``(B) a private educational loan (as defined in paragraph
     (6)).
       ``(3) Preferred lender arrangement.--The term `preferred
     lender arrangement'--
       ``(A) means an arrangement or agreement between a lender
     and a covered institution--
       ``(i) under which arrangement or agreement a lender
     provides or otherwise issues educational loans to the
     students attending the covered institution or the parents of
     such students; and
       ``(ii) which arrangement or agreement relates to the
     covered institution recommending, promoting, or endorsing the
     educational loan product of the lender; and
       ``(B) does not include--
       ``(i) arrangements or agreements with respect to loans
     under parts D or E of title IV; or
       ``(ii) arrangements or agreements with respect to loans
     under section 499(b).
       ``(4) Lender.--
       ``(A) In general.--The term `lender'--
       ``(i) means a creditor, except that such term shall not
     include an issuer of credit secured by a dwelling or under an
     open end credit plan; and
       ``(ii) includes an agent of a lender.
       ``(B) Incorporation of tila definitions.--The terms
     `creditor', `dwelling', and `open end credit plan' have the
     meanings given such terms in section 103 of the Truth in
     Lending Act (15 U.S.C. 1602).
       ``(5) Officer.--The term `officer' includes a director or
     trustee of a covered institution, if such individual is
     treated as an employee of the covered institution.
       ``(6) Private educational loan.--The term `private
     educational loan' means a private loan provided by a lender
     that--
       ``(A) is not made, insured, or guaranteed under title IV;
     and
       ``(B) is issued by a lender expressly for postsecondary
     educational expenses to a student, or the parent of the
     student, regardless of whether the loan involves enrollment
     certification by the educational institution that the student
     attends.
       ``(7) Postsecondary educational expenses.--The term
     `postsecondary educational expenses' means any of the
     expenses that are included as part of a student's cost of
     attendance, as defined under section 472.

     ``SEC. 152. REQUIREMENTS FOR LENDERS AND INSTITUTIONS
                   PARTICIPATING IN PREFERRED LENDER ARRANGEMENTS.

       ``(a) Certification by Lenders.--In addition to any other
     disclosure required under Federal law, each lender under part
     B of title IV that participates in one or more preferred
     lender arrangements shall annually certify its compliance
     with the requirements of this Act. Such compliance of such
     preferred lender arrangement shall be reported on and
     attested to annually by the auditor of such lender in the
     audit conducted pursuant to section 428(b)(1)(U)(iii).
       ``(b) Use of Institution Name.--
       ``(1) In general.--A covered institution that has entered
     into a preferred lender arrangement with a lender regarding
     private educational loans shall not agree to the lender's use
     of the name, emblem, mascot, or logo of the institution, or
     other words, pictures, or symbols readily identified with the
     institution, in the marketing of private educational loans to
     the students attending the institution in any way that
     implies that the institution endorses the private educational
     loans offered by the lender.
       ``(2) Applicability.--Paragraph (1) shall apply to any
     preferred lender arrangement, or extension of such
     arrangement, entered into or renewed after the date of
     enactment of the College Opportunity and Affordability Act of
     2007.

     ``SEC. 153. INTEREST RATE REPORT FOR INSTITUTIONS AND LENDERS
                   PARTICIPATING IN PREFERRED LENDER ARRANGEMENTS.

       ``(a) Duties of the Secretary.--
       ``(1) Report and model format.--Not later than 180 days
     after the date of enactment of the College Opportunity and
     Affordability Act of 2007, the Secretary shall--
       ``(A) prepare a report on the adequacy of the information
     provided to students and the parents of such students about
     educational loans, after consulting with students,
     representatives of covered institutions (including financial
     aid administrators, registrars, and business officers),
     lenders, loan servicers, and guaranty agencies;
       ``(B) develop and prescribe by regulation a model
     disclosure form to be used by lenders and covered
     institutions in carrying out subsections (b) and (c) that--
       ``(i) will be easy for students and parents to read and
     understand;
       ``(ii) will be easily usable by lenders, institutions,
     guaranty agencies, and loan servicers;
       ``(iii) will provide students and parents with the
     relevant, meaningful, and standard information about the
     terms and conditions for both Federal and private educational
     loans;
       ``(iv) is based on the report's findings and developed in
     consultation with--

       ``(I) students;
       ``(II) representatives of covered institutions, including
     financial aid administrators, registrars, business officers,
     and student affairs officials;
       ``(III) lenders;
       ``(IV) loan servicers;
       ``(V) guaranty agencies; and
       ``(VI) with respect to the requirements of clause (vi)
     concerning private educational loans, the Board of Governors
     of the Federal Reserve System;

       ``(v) provides information on the applicable interest rates
     and other terms and conditions of the educational loans
     provided by a lender to students attending the institution,
     or the parents of such students, disaggregated by each type
     of educational loan (including opportunity pools as defined
     in section 155(f)) provided to such students or parents by
     the lender, including--

       ``(I) the rate of interest, or the potential range of rates
     of interest, applicable to the loan, and whether such rates
     are fixed or variable;
       ``(II) limitations, if any, on interest rate adjustments,
     both in terms of frequency and amount, or lack thereof;
       ``(III) co-borrower requirements, including changes in
     interest rates;
       ``(IV) any fees associated with the loan;
       ``(V) the repayment terms available on the loan;
       ``(VI) the opportunity for deferment or forbearance in
     repayment of the loan, including whether the loan payments
     can be deferred if the student is in school;
       ``(VII) any additional terms and conditions applied to the
     loan, including any benefits that are contingent on the
     repayment behavior of the borrower;
       ``(VIII) the annual percentage rate for such loans,
     determined in the manner required under section 107 of the
     Truth in Lending Act (15 U.S.C. 1606);
       ``(IX) an example of the total cost of the educational loan
     over the life of the loan which shall be calculated--

       ``(aa) using a principal amount and the maximum rate of
     interest actually offered by the lender; and
       ``(bb) both with and without capitalization of interest, if
     that is an option for postponing interest payments;

       ``(X) the consequences for the borrower of defaulting on a
     loan, including any limitations on the discharge of an
     educational loan in bankruptcy;
       ``(XI) contact information for the lender; and
       ``(XII) any philanthropic contributions made by the lender
     to the covered institution, including the purpose of the
     contribution and any conditions related to its use; and

       ``(vi) provides, in addition, with respect to private
     educational loans, the following information with respect to
     loans made by each lender recommended by the covered
     institution:

       ``(I) the method of determining the interest rate of the
     loan;
       ``(II) potential finance charges, late fees, penalties, and
     adjustments to principal, based on defaults or late payments
     of the borrower; and
       ``(III) such other information as the Secretary may
     require; and

       ``(C)(i) submit the report and model disclosure form to the
     authorizing committees; and
       ``(ii) make the report and model disclosure form available
     to covered institutions, lenders, and the public.
       ``(2) Model form update.--Not later than 1 year after the
     submission of the report and model disclosure form described
     in paragraph (1)(B), the Secretary shall--
       ``(A) assess the adequacy of the model disclosure form;
       ``(B) after consulting with students, representatives of
     covered institutions (including financial aid administrators,
     registrars, business officers, and student affairs
     officials), lenders, loan servicers, guaranty agencies, and
     the Board of Governors of the Federal Reserve System--
       ``(i) prepare a list of any improvements to the model
     disclosure form that have been identified as beneficial to
     borrowers; and
       ``(ii) update the model disclosure form after taking such
     improvements into consideration; and
       ``(C)(i) submit the list of improvements and updated model
     disclosure form to the authorizing committees; and
       ``(ii) make the updated model disclosure form available to
     covered institutions, lenders, and the public.
       ``(3) Use of form.--The Secretary shall take such steps as
     necessary to make the model disclosure form, and the updated
     model disclosure

[[Page H667]]

     form, available to covered institutions and to encourage--
       ``(A) lenders subject to subsection (b) to use the model
     disclosure form or updated model disclosure form (if
     available) in providing the information required under
     subsection (b); and
       ``(B) covered institutions to use such format in preparing
     the information reported under subsection (c).
       ``(4) Procedures.--Sections 482(c) and 492 of this Act
     shall not apply to the model disclosure form prescribed under
     paragraph (1)(B), but shall apply to the updating of such
     form under paragraph (2).
       ``(b) Lender Duties.--Each lender that has a preferred
     lender arrangement with a covered institution shall, by
     August 1 of each year, provide to the covered institution and
     to the Secretary the information included on the model
     disclosure form or an updated model disclosure form (if
     available) for each type of educational loan (including
     opportunity pools as defined in section 155(f)) to be offered
     by the lender to students attending the covered institution,
     or the parents of such students, for the forthcoming academic
     year.
       ``(c) Covered Institution Reports.--Each covered
     institution shall--
       ``(1) prepare and submit to the Secretary an annual report,
     by a date determined by the Secretary, that includes, for
     each lender that has a preferred lender arrangement with the
     covered institution and that has submitted to the institution
     the information required under subsection (b)--
       ``(A) the information included on the model disclosure form
     or updated model disclosure form (if available) for each type
     of educational loan provided by the lender to students
     attending the covered institution, or the parents of such
     students; and
       ``(B) a detailed explanation of why the covered institution
     believes the terms and conditions of each type of educational
     loan provided pursuant to the agreement are beneficial for
     students attending the covered institution, or the parents of
     such students; and
       ``(2) ensure that the report required under paragraph (1)
     is made available to the public and provided to students
     attending or planning to attend the covered institution, and
     the parents of such students, in time for the student or
     parent to take such information into account before applying
     for or selecting an educational loan.
       ``(d) Disclosures by Covered Institutions.--A covered
     institution shall disclose, on its website and in the
     informational materials described in subsection (e)--
       ``(1) a statement that--
       ``(A) indicates that students are not limited to or
     required to use the lenders the institution recommends; and
       ``(B) the institution is required to process the documents
     required to obtain a Federal educational loan from any
     eligible lender the student selects;
       ``(2) at a minimum, all of the information provided by the
     model disclosure form prescribed under subsection (a)(1)(B),
     or updated model disclosure form (if available), with respect
     to any lender recommended by the institution for Federal
     educational loans and, as applicable, private educational
     loans (including opportunity pools as defined in section
     155(f));
       ``(3) the maximum amount of Federal grant and loan aid
     available to students in an easy-to-understand format; and
       ``(4) the institution's cost of attendance (as determined
     under section 472).
       ``(e) Informational Materials.--The informational materials
     described in this subsection are publications, mailings, or
     electronic messages or media distributed to prospective or
     current students and parents of students that describe or
     discuss the financial aid opportunities available to students
     at an institution of higher education.

     ``SEC. 154. PRIVATE EDUCATIONAL LOAN DISCLOSURE REQUIREMENTS
                   FOR COVERED INSTITUTIONS.

       ``A covered institution that provides information to any
     student, or the parent of such student, regarding a private
     educational loan from a lender shall, prior to or concurrent
     with such information--
       ``(1) inform the student or parent of--
       ``(A) the student or parent's eligibility for assistance
     and loans under title IV; and
       ``(B) the terms and conditions of such private educational
     loan that may be less favorable than the terms and conditions
     of educational loans for which the student or parent is
     eligible, including interest rates, repayment options, and
     loan forgiveness; and
       ``(2) ensure that information regarding such private
     educational loan is presented in such a manner as to be
     distinct from information regarding loans that are made,
     insured, or guaranteed under title IV.

     ``SEC. 155. INTEGRITY PROVISIONS.

       ``(a) Institution Code of Conduct Required.--
       ``(1) Code of conduct.--Each institution of higher
     education that participates in the Federal student loan
     programs under title IV or has students that obtain private
     educational loans shall--
       ``(A) develop a code of conduct in accordance with
     paragraph (2) with which its officers, employees, and agents
     shall comply with respect to educational loans;
       ``(B) publish the code of conduct prominently on its
     website; and
       ``(C) administer and enforce such code in accordance with
     the requirements of this subsection.
       ``(2) Contents of code.--The code required by this section
     shall--
       ``(A) prohibit a conflict of interest with the
     responsibilities of such officer, employee, or agent with
     respect to educational loans; and
       ``(B) at a minimum, include provisions in compliance with
     the provisions of the following subsections of this section.
       ``(3) Training and compliance.--An institution of higher
     education shall administer and enforce a code of conduct
     required by this section by, at a minimum, requiring all of
     its officers, employees, and agents with responsibilities
     with respect to educational loans to obtain training annually
     in compliance with the code.
       ``(b) Gift Ban.--
       ``(1) Prohibition.--No officer, employee, or agent of a
     covered institution who is employed in the financial aid
     office of the institution, or who otherwise has
     responsibilities with respect to educational loans, shall
     solicit or accept any gift from a lender, guarantor, or
     servicer of educational loans.
       ``(2) Inspector general report.--The Inspector General of
     the Department of Education shall investigate any reported
     violation of this subsection and shall annually submit a
     report to the authorizing committees identifying all
     substantiated violations of the gift ban under paragraph (1),
     including the lenders and covered institutions involved in
     each such violation, for the preceding year.
       ``(3) Definition of gift.--
       ``(A) In general.--In this subsection, the term `gift'
     means any gratuity, favor, discount, entertainment,
     hospitality, loan, or other item having a monetary value of
     more than a de minimus amount. The term includes a gift of
     services, transportation, lodging, or meals, whether provided
     in kind, by purchase of a ticket, payment in advance, or
     reimbursement after the expense has been incurred.
       ``(B) Exceptions.--The term `gift' shall not include any of
     the following:
       ``(i) Standard informational material related to a loan or
     financial literacy, such as a brochure.
       ``(ii) Food, refreshments, training, or informational
     material furnished to an officer, employee, or agent of an
     institution as an integral part of a training session that is
     designed to improve the service of a lender, guarantor, or
     servicer of educational loans to the covered institution, if
     such training contributes to the professional development of
     the officer, employee, or agent of the institution.
       ``(iii) Favorable terms, conditions, and borrower benefits
     on an educational loan provided to a student employed by the
     covered institution if such terms, conditions, or benefits
     are comparable to those provided to all students of the
     institution.
       ``(iv) Exit counseling services provided to borrowers to
     meet a covered institution's responsibilities for exit
     counseling as required by section 485(b) provided that--

       ``(I) a covered institution's staff are in control of the
     counseling (whether in person or via electronic
     capabilities); and
       ``(II) such counseling does not promote the products or
     services of any lender.

       ``(v) Philanthropic contributions to a covered institution
     from a lender, guarantor, or servicer of educational loans
     that are unrelated to educational loans, provided, as
     applicable, that such contributions are disclosed pursuant to
     section 153(a)(1) and section 153(a)(2).
       ``(C) Rule for gifts to family members.--For purposes of
     this section, a gift to a family member of an officer,
     employee, or agent of a covered institution, or a gift to any
     other individual based on that individual's relationship with
     the officer, employee, or agent, shall be considered a gift
     to the officer, employee, or agent if--
       ``(i) the gift is given with the knowledge and acquiescence
     of the officer, employee, or agent; and
       ``(ii) the officer, employee, or agent has reason to
     believe the gift was given because of the official position
     of the officer, employee, or agent.
       ``(c) Contracting Arrangements Prohibited.--
       ``(1) Prohibition.--An officer, employee, or agent who is
     employed in the financial aid office of a covered
     institution, or who otherwise has responsibilities with
     respect to educational loans, shall not accept from any
     lender or affiliate of any lender (as the term affiliate is
     defined in section 487(a)) any fee, payment, or other
     financial benefit (including the opportunity to purchase
     stock) as compensation for any type of consulting arrangement
     or other contract to provide services to a lender or on
     behalf of a lender.
       ``(2) Exceptions.--Nothing in this subsection shall be
     construed as prohibiting--
       ``(A) an officer, employee, or agent of a covered
     institution who is not employed in the institution's
     financial aid office, or who does not otherwise have
     responsibilities with respect to educational loans, from paid
     or unpaid service on a board of directors of a lender,
     guarantor, or servicer of educational loans;
       ``(B) an officer, employee, or agent of a covered
     institution who is not employed in the financial aid office
     but who has responsibility with respect to educational loans
     as a result of a position held at the covered institution,
     from paid or unpaid service on a board of directors of a
     lender, guarantor, or servicer of educational loans, provided
     that the covered institution has a written conflict of
     interest policy that clearly sets forth that such an officer,
     employee, or agent must be recused from participating in any
     decision of the board with respect to any transaction
     regarding educational loans; or
       ``(C) an officer, employee, or agent of a lender,
     guarantor, or servicer of educational loans from serving on a
     board of directors or serving as a trustee of a covered
     institution, provided that the covered institution has a
     written conflict of interest policy that clearly sets forth
     the procedures to be followed in instances where such a board
     member's or trustee's personal or business interests with
     respect to educational loans may be advanced by an action of
     the

[[Page H668]]

     board of directors or trustees, including a provision that
     such a board member or trustee may not participate in any
     decision to approve any transaction where such conflicting
     interests may be advanced.
       ``(d) Ban on Revenue Sharing Arrangements.--
       ``(1) Prohibition.--A covered institution shall not enter
     into any revenue sharing arrangement with any lender.
       ``(2) Definition.--For purposes of this subsection, a
     revenue sharing arrangement is an arrangement between a
     covered institution and a lender under which--
       ``(A) a lender provides or issues educational loans to
     students attending the institution or to parents of such
     students; and
       ``(B)(i) the institution recommends the lender or the loan
     products of the lender; and
       ``(ii) in exchange, the lender pays a fee or provides other
     material benefits, including revenue or profit sharing, to
     the institution or officers, employees, or agents of the
     institution.
       ``(e) Ban on Staffing Assistance.--
       ``(1) Prohibition.--A covered institution shall not request
     or accept from any lender any assistance with call center
     staffing or financial aid office staffing.
       ``(2) Certain assistance permitted.--Nothing in paragraph
     (1) shall be construed to prohibit a covered institution from
     requesting or accepting assistance from a lender related to--
       ``(A) professional development training for financial aid
     administrators;
       ``(B) providing educational counseling materials, financial
     literacy materials, or debt management materials to
     borrowers, provided that such materials disclose to borrowers
     the identification of any lender that assisted in preparing
     or providing such materials; or
       ``(C) staffing services on a short-term, non-recurring
     basis to assist the institution with financial aid-related
     functions during emergencies, including State-declared or
     federally declared natural disasters, federally declared
     national disasters, and other localized disasters and
     emergencies identified by the Secretary.
       ``(f) Prohibition on Offers of Funds for Private Loans.--
       ``(1) Prohibition.--A covered institution shall not request
     or accept from any lender any offer of funds, including any
     opportunity pool, to be used for private educational loans to
     students in exchange for the covered institution providing
     concessions or promises to the lender with respect to such
     institution providing the lender with a specified number of
     loans, a specified loan volume, or a preferred lender
     arrangement for any loan made, insured, or guaranteed under
     title IV, and a lender shall not make any such offer.
       ``(2) Definition.--In this subsection, the term
     `opportunity pool' means an educational loan made by a
     private lender to a student attending the covered institution
     or the parent of such a student that is in any manner
     guaranteed by a covered institution, or that involves a
     payment, directly or indirectly, by such an institution of
     points, premiums, payments, additional interest, or other
     financial support to such lender for the purpose of such
     lender extending credit to either the students or the parents
     of students of the institution.
       ``(g) Ban on Participation on Advisory Councils.--An
     officer, employee, or agent who is employed in the financial
     aid office of a covered institution, or who otherwise has
     responsibilities with respect to educational loans, shall not
     serve on or otherwise participate with advisory councils of
     lenders or affiliates of lenders. Nothing in this subsection
     shall prohibit lenders from seeking advice from covered
     institutions or groups of covered institutions (including
     through telephonic or electronic means, or a meeting) in
     order to improve products and services for borrowers,
     provided there are no gifts or compensation (including for
     transportation, lodging, or related expenses) provided by
     lenders in connection with seeking this advice from such
     institutions. Nothing in this subsection shall prohibit an
     officer, employee, or agent of a covered institution from
     serving on the board of directors of a lender if required by
     State law.

     ``SEC. 156. COMPLIANCE AND ENFORCEMENT.

       ``(a) Condition of Any Federal Assistance.--Notwithstanding
     any other provision of law, a covered institution or lender
     shall comply with this part as a condition of receiving
     Federal funds or assistance provided after the date of
     enactment of the College Opportunity and Affordability Act of
     2007.
       ``(b) Penalties.--Notwithstanding any other provision of
     law, if the Secretary determines, after providing notice and
     an opportunity for a hearing for a covered institution or
     lender, that the covered institution or lender has violated
     subsection (a)--
       ``(1) in the case of a covered institution, or a lender
     that does not participate in a loan program under title IV,
     the Secretary may impose a civil penalty in an amount of not
     more than $25,000; and
       ``(2) in the case of a lender that does participate in a
     program under title IV, the Secretary may limit, terminate,
     or suspend the lender's participation in such program.
       ``(c) Considerations.--In taking any action against a
     covered institution or lender under subsection (b), the
     Secretary shall take into consideration the nature and
     severity of the violation of subsection (a).

     ``SEC. 157. STUDENT LOAN COUNSELING.

       ``(a) Borrower Contact.--
       ``(1) FFEL loans.--Each holder of a loan under part B of
     title IV shall contact the borrower each year after five
     years has passed from the date that a borrower first selected
     either a graduated, extended, income sensitive, or income
     contingent repayment plan to ascertain if the borrower is
     able to select a repayment plan with a shorter repayment
     period that would reduce the total interest paid on the
     borrower's loan or loans under this part.
       ``(2) Direct loans.--The Secretary shall contact the
     borrower of each loan under part D or E of title IV each year
     after five years has passed from the date that a borrower
     first selected either an extended, graduated, income
     contingent, or alternative repayment plan to ascertain if the
     borrower is able to select a repayment plan for a shorter
     repayment period that would reduce the total interest paid on
     the borrower's loan under this part.
       ``(b) Required Disclosure Before Disbursement.--
       ``(1) Disclosures before repayment.--Each lender of a loan
     under part B of title IV, and the Secretary with respect to
     each loan under part D or E of such title, shall provide to
     the borrower before repayment begins an explanation of
     principal to be borrowed, current balance, interest already
     paid, and interest due over the life of the loan, options by
     which borrowers may avoid or be removed from default,
     relevant fees associated with these options, and repayment
     options available to the borrower entering repayment,
     including income contingent repayment and income-based
     repayment.
       ``(2) Disclosures during repayment.--Each lender of a loan
     under part B of title IV, and the Secretary with respect to
     each loan under part D or E of such title, shall provide to
     the borrower during repayment an explanation of principal
     borrowed, current balance, interest already paid and interest
     due over the life of the loan, options by which borrowers may
     avoid or be removed from default, relevant fees associated
     with these options, and repayment options available to the
     borrower entering repayment, including income contingent
     repayment and income-based repayment. Each such lender and
     the Secretary shall also notify any borrower who tells the
     lender or the Secretary that the borrower is having
     difficulty making payments of the repayment options
     available, including forbearance. Each such lender and the
     Secretary shall make an explanation of repayment options
     available to the borrower, including income contingent
     repayment and forbearance, before the loan is disbursed,
     before repayment, and during repayment if the borrower
     notifies the lender or the Secretary that the borrower is
     having difficulty making payments.
       ``(c) Institutional Counseling.--
       ``(1) In general.--Each institution of higher education
     shall, through financial aid officers or otherwise, make
     available counseling to borrowers of loans which are made,
     insured, or guaranteed under part B (other than loans made
     pursuant to section 428B) of this title or made under part D
     or E of this title prior to their signing the first
     promissory note. The counseling shall include--
       ``(A) average indebtedness of borrowers at that school, to
     be supplied by the Secretary;
       ``(B) sample monthly repayment amounts based on a range of
     student levels of indebtedness and on the average
     indebtedness of Stafford loan borrowers at the same school or
     in the same program of study at the same school;
       ``(C) data to be supplied by the Secretary on starting
     salaries for graduates of institutions by type and control of
     institution, and field of study;
       ``(D) repayment options available to the borrower when
     entering repayment, including income contingent repayment and
     income-based repayment;
       ``(E) detail to be supplied by the Secretary on how
     interest accrues and is capitalized during periods when it is
     not being paid by either the borrower or the Secretary; and
       ``(F) the likely consequences of default, including adverse
     credit reports, Federal offset, and litigation.
       ``(2) Use of electronic means.--If initial counseling is
     conducted through interactive electronic means, the
     institution of higher education shall take reasonable steps
     to ensure that each student borrower receives the counseling
     materials, and participates in and completes the initial
     counseling.
       ``(d) Department of Education Information Disclosure and
     Technical Assistance.--
       ``(1) Obligation.--The Secretary shall display on the
     Department of Education website and provide to colleges and
     universities the following information to be used for
     counseling and consumer information for prospective
     borrowers:
       ``(A) Regional data on starting salaries in all major
     fields.
       ``(B) The increase in debt that results from forbearance on
     all loans and from capitalization of interest on unsubsidized
     loans.
       ``(C) The various repayment options available in the
     Federal student loan programs, including the availability of
     the income contingent repayment (ICR) program and the income-
     based repayment programs (IBR).
       ``(D) The Federal Government's powers to collect student
     loans, even when student borrowers are in bankruptcy.
       ``(2) Publicity.--The Secretary shall make the location of
     the information under paragraph (1) widely known among the
     public, institutions, and lenders, and promote the use of
     such information by prospective students, enrolled students,
     and borrowers after entering repayment.''.

     SEC. 113. FEASIBILITY STUDY FOR NATIONAL ELECTRONIC STUDENT
                   LOAN MARKETPLACE.

       (a) Study Required.--The Secretary of Education shall
     conduct a study of the feasibility of developing a National
     Electronic Student Loan Marketplace that would provide for
     one or more of the following:
       (1) A registry of real-time information on Federal student
     loans (including loans under parts B and D of title IV of the
     Higher Education Act of 1965) and private educational loans
     (as defined in section 151 such Act of 1965 (as amended by
     this Act)) for both undergraduate and

[[Page H669]]

     graduate students, and parents of students, for use by
     prospective borrowers or any person desiring information
     regarding available interest rates, fees, and other terms
     from lenders.
       (2) Means by which lenders that participate in such
     marketplace would be bound to honor advertised rates or
     benefits.
       (3) A mechanism whereby borrowers and student financial aid
     officials could publicly post or otherwise make available for
     users accessing the system their comments, opinions, or
     ratings concerning their experience as to the quality of
     lenders' loan products and loan servicing and other
     measurements or indicators of customer satisfaction.
       (4) A mechanism whereby prospective borrowers could be
     matched with lenders that offer highly competitive products
     and loan servicing quality, including any procedures and
     safeguards necessary to minimize potentially adverse effects
     of multiple inquiries into participating borrowers' credit
     histories recorded by credit reporting agencies.
       (5) Options concerning the establishment and ongoing
     maintenance of such a system, including whether such a system
     should be operated by one or more nonprofit or for-profit
     entities, how these entities should structure or organize
     such a system in order to provide the highest assurance of
     independence from, and the absence of any conflicting
     interest with, lenders participating in such a system, and
     methods to finance such a system at no or minimal cost to
     consumers and the Government.
       (6) Other features that the Secretary determines could help
     prospective borrowers make informed decisions in selecting
     lenders from whom to obtain Federal and private educational
     loans.
       (b) Consultation.--In conducting the study required by this
     section, the Secretary of Education shall consult with--
       (1) the Federal Trade Commission;
       (2) representatives of student loan borrowers;
       (3) representatives from institutions of higher education,
     including financial aid administrators, registrars, business
     officers, and student affairs officials;
       (4) Federal and private education loan lenders, loan
     servicers, and guaranty agencies; and
       (5) any other appropriate agency that is a member of the
     Financial Literacy and Education Commission established under
     the Financial Literacy and Education Improvement Act (20
     U.S.C. 9701 et seq.).
       (c) Report.--Not later than 6 months after completion of
     the model interest rate report format required under section
     153(a)(1) of the Higher Education Act of 1965 (as amended by
     this Act), the Secretary of Education shall submit a report
     to the authorizing committees (as defined in section 103 of
     such Act) concerning the findings of the feasibility study
     together with an assessment of the advantages and
     disadvantages for consumers, institutions of higher
     education, lenders, and the Government of establishing such a
     system.

                      TITLE II--TITLE II REVISION

     SEC. 201. REVISION OF TITLE II.

       Title II (20 U.S.C. 1021 et seq.) is amended to read as
     follows:

                ``TITLE II--TEACHER QUALITY ENHANCEMENT

     ``SEC. 200. DEFINITIONS.

       ``For purposes of this title:
       ``(1) Arts and sciences.--The term `arts and sciences'
     means--
       ``(A) when referring to an organizational unit of an
     institution of higher education, any academic unit that
     offers 1 or more academic majors in disciplines or content
     areas corresponding to the academic subject matter areas in
     which teachers provide instruction; and
       ``(B) when referring to a specific academic subject area,
     the disciplines or content areas in which academic majors are
     offered by the arts and sciences organizational unit.
       ``(2) Children from low-income families.--The term
     `children from low-income families' means children as
     described in section 1124(c)(1)(A) of the Elementary and
     Secondary Education Act of 1965.
       ``(3) Core academic subjects.--The term `core academic
     subjects' has the meaning given the term in section 9101 of
     the Elementary and Secondary Education Act of 1965.
       ``(4) Early childhood education program.--The term `early
     childhood education program' means--
       ``(A) a Head Start program or an Early Head Start program
     carried out under the Head Start Act (42 U.S.C. 9831 et
     seq.);
       ``(B) a State licensed or regulated child care program or
     school; or
       ``(C) a State prekindergarten program that serves children
     from birth through kindergarten and that addresses the
     children's cognitive (including language, early literacy, and
     pre-numeracy), social, emotional, and physical development.
       ``(5) Early childhood educator.--The term `early childhood
     educator' means an individual with primary responsibility for
     the education of children in an early childhood education
     program.
       ``(6) Educational service agency.--The term `educational
     service agency' has the meaning given the term in section
     9101 of the Elementary and Secondary Education Act of 1965.
       ``(7) Essential components of reading instruction.--The
     term `essential components of reading instruction' has the
     meaning given such term in section 1208 of the Elementary and
     Secondary Education Act of 1965.
       ``(8) Exemplary teacher.--The term `exemplary teacher' has
     the meaning given such term in section 9101 of the Elementary
     and Secondary Education Act of 1965.
       ``(9) High-need early childhood education program.--The
     term `high-need early childhood education program' means an
     early childhood education program serving children from low-
     income families that is located within the geographic area
     served by a high-need local educational agency.
       ``(10) High-need local educational agency.--The term `high-
     need local educational agency' means a local educational
     agency--
       ``(A)(i) for which not less than 20 percent of the children
     served by the agency are children from low-income families;
       ``(ii) that serves not fewer than 10,000 children from low-
     income families; or
       ``(iii) with a total of less than 600 students in average
     daily attendance at the schools that are served by the
     agency, and all of the schools that are served by the agency
     are designated with a school locale code of Rural: Fringe,
     Rural: Distant, or Rural: Remote, as determined by the
     Secretary; and
       ``(B)(i) for which there is a high percentage of teachers
     not teaching in the academic subject areas or grade levels in
     which the teachers were trained to teach; or
       ``(ii) for which there is a high teacher turnover rate or a
     high percentage of teachers with emergency, provisional, or
     temporary certification or licensure.
       ``(11) High-need school.--Notwithstanding section 103, the
     term `high-need school' means a public elementary school or
     public secondary school that--
       ``(A) is among the highest 25 percent of schools served by
     the local educational agency that serves the school, in terms
     of the percentage of students from families with incomes
     below the poverty line; or
       ``(B) is designated with a school locale code of Rural:
     Fringe, Rural: Distant, or Rural: Remote, as determined by
     the Secretary.
       ``(12) Highly competent.--The term `highly competent', when
     used with respect to an early childhood educator, means an
     educator--
       ``(A) with specialized education and training in
     development and education of young children from birth until
     entry into kindergarten;
       ``(B) with--
       ``(i) a baccalaureate degree in an academic major in the
     arts and sciences; or
       ``(ii) an associate's degree in a related educational area;
     and
       ``(C) who has demonstrated a high level of knowledge and
     use of content and pedagogy in the relevant areas associated
     with quality early childhood education.
       ``(13) Highly qualified.--The term `highly qualified' has
     the meaning given such term in section 9101 of the Elementary
     and Secondary Education Act of 1965 and, with respect to
     special education teachers, in section 602 of the Individuals
     with Disabilities Education Act.
       ``(14) Literacy coach.--The term `literacy coach' means an
     individual--
       ``(A) who--
       ``(i) has teaching experience and a master's degree with a
     concentration in reading and writing education; and
       ``(ii) has demonstrated proficiency (as determined by the
     principal of the individual's school) in teaching reading and
     writing in a content area such as math, science, or social
     studies;
       ``(B) whose primary role with teachers and school personnel
     is--
       ``(i) to provide high-quality professional development
     opportunities for teachers and school personnel related to
     literacy;
       ``(ii) with respect to the areas of reading and writing, to
     collaborate with paraprofessionals, teachers, principals, and
     other administrators, and the community served by the school;
     and
       ``(iii) to work cooperatively and collaboratively with
     other professionals in planning programs to meet the needs of
     diverse population learners, including children with
     disabilities and limited English proficient individuals; and
       ``(C) who may provide students with--
       ``(i) reading or writing diagnosis and instruction; and
       ``(ii) reading and writing assessment, including assessment
     in cooperation with other professionals (such as special
     education teachers, speech and language teachers, and school
     psychologists).
       ``(15) Poverty line.--The term `poverty line' means the
     poverty line (as defined in section 673(2) of the Community
     Services Block Grant Act (42 U.S.C. 9902(2))) applicable to a
     family of the size involved.
       ``(16) Professional development.--The term `professional
     development' has the meaning given the term in section 9101
     of the Elementary and Secondary Education Act of 1965.
       ``(17) Scientifically valid research.--The term
     `scientifically valid research' includes applied research,
     basic research, and field-initiated research in which the
     rationale, design, and interpretation are soundly developed
     in accordance with accepted principles of scientific
     research.
       ``(18) Teaching skills.--The term `teaching skills' means
     skills that enable a teacher to--
       ``(A) increase student learning, achievement, and the
     ability to apply knowledge;
       ``(B) effectively convey and explain academic subject
     matter;
       ``(C) employ strategies grounded in the disciplines of
     teaching and learning that--
       ``(i) are based on empirically based practice and
     scientifically valid research, where applicable, related to
     teaching and learning;
       ``(ii) are specific to academic subject matter; and
       ``(iii) focus on the identification of students' specific
     learning needs, particularly students with disabilities,
     students who are limited English proficient, students who are
     gifted and talented, and students with low literacy levels,
     and the tailoring of academic instruction to such needs;
       ``(D) conduct an ongoing assessment of student learning,
     which may include the use of formative assessments,
     performance-based assessments, project-based assessments, or
     portfolio assessments, that measure higher-order

[[Page H670]]

     thinking skills, including application, analysis, synthesis,
     and evaluation;
       ``(E) effectively manage a classroom, including the ability
     to implement positive behavioral intervention support
     strategies;
       ``(F) communicate and work with parents and guardians, and
     involve parents and guardians in their children's education;
     and
       ``(G) use, in the case of an early childhood educator, age-
     appropriate and developmentally appropriate strategies and
     practices for children in early education programs.

     ``SEC. 200A. RULE OF CONSTRUCTION.

       ``Nothing in this title shall be construed to alter or
     otherwise affect the rights, remedies, and procedures
     afforded to the employees of local educational agencies under
     Federal, State, or local laws (including applicable
     regulations or court orders) or under the terms of collective
     bargaining agreements, memoranda of understanding, or other
     agreements between such employees and their employers,
     including the right of employees of local educational
     agencies to engage in collective bargaining with their
     employers.

              ``PART A--TEACHER QUALITY PARTNERSHIP GRANTS

     ``SEC. 201. PURPOSES; DEFINITIONS.

       ``(a) Purposes.--The purposes of this part are to--
       ``(1) improve student achievement;
       ``(2) improve the quality of the current and future
     teaching force by improving the preparation of prospective
     teachers and enhancing professional development activities;
       ``(3) hold teacher preparation programs at institutions of
     higher education accountable for preparing highly qualified
     teachers; and
       ``(4) recruit highly qualified individuals, including
     minorities and individuals from other occupations, into the
     teaching force.
       ``(b) Definitions.--In this part:
       ``(1) Eligible partnership.--The term `eligible
     partnership' means an entity that--
       ``(A) shall include--
       ``(i) a high-need local educational agency;
       ``(ii) a high-need school or a consortium of high-need
     schools served by the high-need local educational agency or,
     as applicable, a high-need early childhood education program;
       ``(iii) a partner institution;
       ``(iv) a school, department, or program of education within
     such partner institution or a teacher professional
     development program within such partner institution; and
       ``(v) a school or department of arts and sciences within
     such partner institution; and
       ``(B) may include any of the following:
       ``(i) The Governor of the State.
       ``(ii) The State educational agency.
       ``(iii) The State board of education.
       ``(iv) The State agency for higher education.
       ``(v) A business.
       ``(vi) A public or private nonprofit educational
     organization.
       ``(vii) An educational service agency.
       ``(viii) A teacher organization.
       ``(ix) A high-performing local educational agency, or a
     consortium of such local educational agencies, that can serve
     as a resource to the partnership.
       ``(x) A charter school (as defined in section 5210 of the
     Elementary and Secondary Education Act of 1965).
       ``(xi) A school or department within the partner
     institution that focuses on psychology and human development.
       ``(xii) A school or department within the partner
     institution with comparable expertise in the disciplines of
     teaching, learning, and child and adolescent development.
       ``(xiii) An entity operating a program that provides
     alternative routes to State certification of teachers.
       ``(2) Induction program.--The term `induction program'
     means a formalized program for new teachers during not less
     than the teachers' first 2 years of teaching that is designed
     to provide support for, and improve the professional
     performance and advance the retention in the teaching field
     of, beginning teachers. Such program shall promote effective
     teaching skills and shall include the following components:
       ``(A) High-quality teacher mentoring.
       ``(B) Periodic, structured time for collaboration with
     mentor teachers in the same department or field, as well as
     time for information-sharing among teachers, principals,
     administrators, and participating faculty in the partner
     institution.
       ``(C) The application of empirically based practice and
     scientifically valid research on instructional practices.
       ``(D) Opportunities for new teachers to draw directly upon
     the expertise of teacher mentors, faculty, and researchers to
     support the integration of empirically based practice and
     scientifically valid research with practice.
       ``(E) The development of skills in instructional and
     behavioral interventions derived from empirically based
     practice and, where applicable, scientifically valid
     research.
       ``(F) Faculty who--
       ``(i) model the integration of research and practice in the
     classroom; and
       ``(ii) assist new teachers with the effective use and
     integration of technology in the classroom.
       ``(G) Interdisciplinary collaboration among exemplary
     teachers, faculty, researchers, and other staff who prepare
     new teachers with respect to the learning process and the
     assessment of learning.
       ``(H) Assistance with the understanding of data,
     particularly student achievement data, and the data's
     applicability in classroom instruction.
       ``(I) Structured and formal observation of new teachers,
     and feedback for such teachers, at least 4 times each school
     year by multiple evaluators, including master teachers and
     the principal, using valid and reliable benchmarks of
     teaching skills and standards developed with input from
     teachers.
       ``(3) Partner institution.--The term `partner institution'
     means an institution of higher education, which may include a
     2-year institution of higher education offering a dual
     program with a 4-year institution of higher education,
     participating in an eligible partnership that has a teacher
     preparation program--
       ``(A) whose graduates exhibit strong performance on State-
     determined qualifying assessments for new teachers through--
       ``(i) demonstrating that 80 percent or more of the
     graduates of the program who intend to enter the field of
     teaching have passed all of the applicable State
     qualification assessments for new teachers, which shall
     include an assessment of each prospective teacher's subject
     matter knowledge in the content area in which the teacher
     intends to teach; or
       ``(ii) being ranked among the highest-performing teacher
     preparation programs in the State as determined by the
     State--

       ``(I) using criteria consistent with the requirements for
     the State report card under section 205(b); and
       ``(II) using the State report card on teacher preparation
     required under section 205(b), after the first publication of
     such report card and for every year thereafter; or

       ``(B) that requires--
       ``(i) each student in the program to meet and demonstrate
     high academic standards (including prior to entering and
     being accepted into a program) and participate in intensive
     clinical experience;
       ``(ii) each student in the program preparing to become a
     teacher to become highly qualified; and
       ``(iii) each student in the program preparing to become an
     early childhood educator to meet degree requirements, as
     established by the State, and become highly competent.
       ``(4) Teacher mentoring.--The term `teacher mentoring'
     means the mentoring of new or prospective teachers through a
     new or established program that--
       ``(A) includes clear criteria for the selection of teacher
     mentors who will provide role model relationships for
     mentees, which criteria shall be developed by the eligible
     partnership and based on measures of teacher effectiveness;
       ``(B) provides high-quality training for such mentors,
     including instructional strategies for literacy instruction
     and classroom management;
       ``(C) provides regular and ongoing opportunities for
     mentors and mentees to observe each other's teaching methods
     in classroom settings during the day in a high-need school in
     the high-need local educational agency in the eligible
     partnership;
       ``(D) provides paid release time for mentors;
       ``(E) provides mentoring to each mentee by a colleague who
     teaches in the same field, grade, or subject as the mentee;
       ``(F) promotes empirically based practice of, and
     scientifically valid research on, where applicable--
       ``(i) teaching and learning;
       ``(ii) assessment of student learning;
       ``(iii) the development of teaching skills through the use
     of instructional and behavioral interventions; and
       ``(iv) the improvement of the mentees' capacity to
     measurably advance student learning; and
       ``(G) includes--
       ``(i) common planning time or regularly scheduled
     collaboration for the mentor and mentee; and
       ``(ii) joint professional development opportunities.
       ``(5) Teaching residency program.--The term `teaching
     residency program' means a school-based teacher preparation
     program in which a prospective teacher--
       ``(A) for 1 academic year, teaches alongside a mentor
     teacher, who is the teacher of record;
       ``(B) receives concurrent instruction during the year
     described in subparagraph (A) from the partner institution,
     which may include courses taught by local educational agency
     personnel or residency program faculty, in the teaching of
     the content area in which the teacher will become certified
     or licensed;
       ``(C) acquires effective teaching skills; and
       ``(D) prior to completion of the program, earns a master's
     degree, attains full State teacher certification or
     licensure, and becomes highly qualified.

     ``SEC. 202. PARTNERSHIP GRANTS.

       ``(a) Program Authorized.--From amounts made available
     under section 209, the Secretary is authorized to award
     grants, on a competitive basis, to eligible partnerships, to
     enable the eligible partnerships to carry out the activities
     described in subsection (c).
       ``(b) Application.--Each eligible partnership desiring a
     grant under this section shall submit an application to the
     Secretary at such time, in such manner, and accompanied by
     such information as the Secretary may require. Each such
     application shall contain--
       ``(1) a needs assessment of all the partners in the
     eligible partnership with respect to the preparation, ongoing
     training, professional development, and retention, of general
     and special education teachers, principals, and, as
     applicable, early childhood educators;
       ``(2) a description of the extent to which the program
     prepares prospective and new teachers with strong teaching
     skills;
       ``(3) a description of how the program will prepare
     prospective and new teachers to use research and data to
     modify and improve instruction in the classroom;
       ``(4) a description of how the partnership will coordinate
     strategies and activities assisted under the grant with other
     teacher preparation or professional development programs,
     including those funded under the Elementary and Secondary
     Education Act of 1965 and the Individuals with Disabilities
     Education Act, and

[[Page H671]]

     through the National Science Foundation, and how the
     activities of the partnership will be consistent with State,
     local, and other education reform activities that promote
     student achievement;
       ``(5) a resource assessment that describes the resources
     available to the partnership, including--
       ``(A) the integration of funds from other sources;
       ``(B) the intended use of the grant funds;
       ``(C) the commitment of the resources of the partnership,
     including financial support, faculty participation, and time
     commitments, to the activities assisted under this section
     and to the continuation of the activities when the grant
     ends;
       ``(6) a description of--
       ``(A) how the partnership will meet the purposes of this
     part;
       ``(B) how the partnership will carry out the activities
     required under subsection (d) or (e) based on the needs
     identified in paragraph (1), with the goal of improving
     student achievement;
       ``(C) the partnership's evaluation plan under section
     204(a);
       ``(D) how the partnership will align the teacher
     preparation program with the--
       ``(i) State early learning standards for early childhood
     education programs, as appropriate, and with the relevant
     domains of early childhood development; and
       ``(ii) student academic achievement standards and academic
     content standards under section 1111(b)(2) of the Elementary
     and Secondary Education Act of 1965, established by the State
     in which the partnership is located;
       ``(E) how the partnership will prepare general education
     teachers to teach students with disabilities, including
     training related to participation as a member of
     individualized education program teams, as defined in section
     614(d)(1)(B) of the Individuals with Disabilities Education
     Act;
       ``(F) how the partnership will prepare general education
     and special education teachers to teach students with limited
     English proficiency;
       ``(G) how faculty at the partner institution will work,
     during the term of the grant, with highly qualified teachers
     in the classrooms of schools served by the high-need local
     educational agency in the partnership to provide high-quality
     professional development activities;
       ``(H) how the partnership will design, implement, or
     enhance a year-long, rigorous, and enriching teaching pre-
     service clinical program component;
       ``(I) how the partnership will support in-service
     professional development strategies and activities; and
       ``(J) how the partnership will collect, analyze, and use
     data on the retention of all teachers and early childhood
     educators in schools and early childhood programs located in
     the geographic area served by the partnership to evaluate the
     effectiveness of the partnership's teacher and educator
     support system; and
       ``(7) with respect to the induction program required as
     part of the activities carried out under this section--
       ``(A) a description of how the teacher preparation program
     will design and implement an induction program to support all
     new teachers through not less than the first 2 years of
     teaching in the further development of the new teachers'
     teaching skills, including the use of mentors who are trained
     and compensated by such program for the mentors' work with
     new teachers;
       ``(B) a demonstration that the schools and departments
     within the institution of higher education that are part of
     the induction program have relevant and essential roles in
     the effective preparation of teachers, including content
     expertise and expertise in teaching;
       ``(C) a demonstration of the partnership's capability and
     commitment to the use of empirically based practice and
     scientifically valid research related to teaching and
     learning, and the accessibility to and involvement of
     faculty;
       ``(D) a description of how faculty involved in the
     induction program will be able to substantially participate
     in an early childhood education program or an elementary or
     secondary school classroom setting, as applicable, including
     release time and receiving workload credit for such
     participation.
       ``(c) Required Use of Grant Funds.--An eligible partnership
     that receives a grant under this section shall use grant
     funds to carry out a program for the pre-baccalaureate
     preparation of teachers under subsection (d), a teaching
     residency program under subsection (e), a leadership
     development program under subsection (f), or a combination of
     two or more such programs.
       ``(d) Partnership Grants for Pre-Baccalaureate Preparation
     of Teachers.--An eligible partnership that receives a grant
     to carry out an effective program for the pre-baccalaureate
     preparation of teachers shall carry out a program that
     includes all of the following:
       ``(1) Reforms.--
       ``(A) In general.--Implementing reforms, described in
     subparagraph (B), within each teacher preparation program
     and, as applicable, each preparation program for early
     childhood education programs, of the eligible partnership
     that is assisted under this section, to hold each program
     accountable for--
       ``(i) preparing--

       ``(I) current or prospective teachers to be highly
     qualified (including teachers in rural school districts who
     may teach multiple subjects, special educators, teachers of
     students who are limited English proficient who may teach
     multiple subjects, and teachers who are qualified to teach
     Advanced Placement or International Baccalaureate courses);
       ``(II) such teachers and, as applicable, early childhood
     educators, to understand empirically based practice and
     scientifically valid research related to teaching and
     learning and its applicability, and to use technology
     effectively, including the use of instructional techniques
     and positive behavioral support strategies to improve student
     achievement; and
       ``(III) as applicable, early childhood educators to be
     highly competent; and

       ``(ii) promoting strong teaching skills and, as applicable,
     techniques for early childhood educators to improve
     children's cognitive, social, emotional, and physical
     development.
       ``(B) Required reforms.--The reforms described in
     subparagraph (A) shall include--
       ``(i) implementing teacher preparation program curriculum
     changes that improve, evaluate, and assess how well all
     prospective and new teachers develop teaching skills;
       ``(ii) using empirically based practice and scientifically
     valid research, where applicable, about the disciplines of
     teaching and learning so that all prospective teachers and,
     as applicable, early childhood educators--

       ``(I) can understand and implement research-based teaching
     practices in classroom-based instruction;
       ``(II) have knowledge of student learning methods;
       ``(III) possess skills to analyze student academic
     achievement data and other measures of student learning, and
     use such data and measures to improve instruction in the
     classroom;
       ``(IV) possess teaching skills and an understanding of
     effective instructional strategies across all applicable
     content areas that enable general and special education
     teachers and early childhood educators to--

       ``(aa) meet the specific learning needs of all students,
     including students with disabilities, students who are
     limited English proficient, students who are gifted and
     talented, students with low literacy levels and, as
     applicable, children in early childhood education programs;
     and
       ``(bb) differentiate instruction for such students;

       ``(V) can effectively participate in the individualized
     education program process, as defined in section 614(d)(1)(B)
     of the Individuals with Disabilities Education Act; and
       ``(VI) can successfully employ effective strategies for
     reading instruction using the essential components of reading
     instruction;

       ``(iii) ensuring collaboration with departments, programs,
     or units of a partner institution outside of the teacher
     preparation program in all academic content areas to ensure
     that new teachers receive training in both teaching and
     relevant content areas in order to become highly qualified,
     which may include training in multiple subjects to teach
     multiple grade levels as may be needed for individuals
     preparing to teach in rural communities;
       ``(iv) developing and implementing an induction program;
       ``(v) developing admissions goals and priorities aligned
     with the hiring objectives of the high-need local educational
     agency in the eligible partnership; and
       ``(vi) implementing program curriculum changes to prepare
     teachers to teach Advanced Placement or International
     Baccalaureate courses.
       ``(2) Clinical experience and interaction.--Developing and
     improving a sustained and high-quality pre-service clinical
     education program to further develop the teaching skills of
     all prospective teachers and, as applicable, early childhood
     educators, involved in the program. Such program shall do the
     following:
       ``(A) Incorporate year-long opportunities for enrichment
     activity or a combination of activities, including--
       ``(i) clinical learning in classrooms in high-need schools
     served by the high-need local educational agency in the
     eligible partnership and identified by the eligible
     partnership; and
       ``(ii) closely supervised interaction between faculty and
     new and experienced teachers, principals, and other
     administrators at early childhood education programs (as
     applicable), elementary schools, or secondary schools, and
     providing support for such interaction.
       ``(B) Integrate pedagogy and classroom practice and promote
     effective teaching skills in academic content areas, which
     may include preparation for meeting the unique needs of
     teaching in rural communities.
       ``(C) Provide high-quality teacher mentoring.
       ``(D)(i) Be offered over the course of a program of teacher
     preparation;
       ``(ii) be tightly aligned with course work (and may be
     developed as a 5th year of a teacher preparation program);
     and
       ``(iii) where feasible, allow prospective teachers to learn
     to teach in the same school district in which the teachers
     will work, learning the instructional initiatives and
     curriculum of that district.
       ``(E) Provide support and training for those individuals
     participating in an activity for prospective teachers
     described in this paragraph or paragraph (1) or (3), and for
     those who serve as mentors for such teachers, based on each
     individual's experience. Such support may include--
       ``(i) with respect to a prospective teacher or a mentor,
     release time for such individual's participation;
       ``(ii) with respect to a faculty member, receiving course
     workload credit and compensation for time teaching in the
     eligible partnership's activities; and
       ``(iii) with respect to a mentor, a stipend, which may
     include bonus, differential, incentive, or merit or
     performance-based pay.
       ``(3) Induction programs for new teachers.--Creating an
     induction program for new teachers, or, in the case of an
     early childhood education program, providing mentoring or
     coaching for new early childhood educators.
       ``(4) Support and training for participants in early
     childhood education programs.--In the case of an eligible
     partnership focusing on early childhood educator preparation,
     implementing initiatives that increase compensation for early
     childhood educators who attain associate or baccalaureate
     degrees in early childhood education.

[[Page H672]]

       ``(5) Teacher recruitment.--Developing and implementing
     effective mechanisms (which may include alternative routes to
     State certification of teachers) to ensure that the eligible
     partnership is able to recruit qualified individuals to
     become highly qualified teachers through the activities of
     the eligible partnership, which may include an emphasis on
     recruiting into the teaching profession--
       ``(A) underrepresented populations;
       ``(B) individuals to teach in rural communities and teacher
     shortage areas, including mathematics, science, special
     education, and instruction of limited English proficient
     students; and
       ``(C) mid-career professionals from other occupations,
     former military personnel, and recent college graduates with
     proven records of academic distinction.
       ``(6) Literacy training.--Developing and implementing a
     program to strengthen content knowledge and teaching skills
     of elementary and secondary school literacy coaches that--
       ``(A) provides teacher training in reading instruction for
     literacy coaches who--
       ``(i) train classroom teachers to implement literacy
     programs; or
       ``(ii) tutor students with intense individualized reading,
     writing, and subject matter instruction during or beyond the
     school day;
       ``(B) develops or redesigns rigorous evidenced-based
     reading curricula that are aligned with challenging State
     academic content standards, as required under section
     1111(b)(1) of the Elementary and Secondary Education Act of
     1965, and with postsecondary standards for reading and
     writing;
       ``(C) provides opportunities for teachers to plan and
     assess instruction with other teachers, school leaders, and
     faculty at institutions of higher education;
       ``(D) provides training and professional development for
     principals to prepare them to understand the teaching of
     reading, guide instruction, and foster school improvement;
     and
       ``(E) establishes an evaluation and accountability plan for
     activities conducted under this paragraph to measure the
     impact of such activities.
       ``(e) Partnership Grants for the Establishment of Teaching
     Residency Programs.--
       ``(1) In general.--An eligible partnership receiving a
     grant to carry out an effective teaching residency program
     shall carry out a program that includes all of the following
     activities:
       ``(A) Supporting a teaching residency program described in
     paragraph (2) for high-need subjects and areas, as determined
     by the needs of the high-need local educational agency in the
     partnership.
       ``(B) Modifying staffing procedures to provide greater
     flexibility for local educational agency and school leaders
     to establish effective school-level staffing in order to
     facilitate placement of graduates of the teaching residency
     program in cohorts that facilitate professional
     collaboration, both among graduates of the teaching residency
     program and between such graduates and mentor teachers in the
     receiving school.
       ``(C) Ensuring that teaching residents that participated in
     the teaching residency program receive--
       ``(i) effective pre-service preparation as described in
     paragraph (2);
       ``(ii) teacher mentoring;
       ``(iii) induction through the induction program as the
     teaching residents enter the classroom as new teachers; and
       ``(iv) the preparation described in subparagraphs (A), (B),
     and (C) of subsection (d)(2).
       ``(2) Teaching residency programs.--
       ``(A) Establishment and design.--A teaching residency
     program under this subsection shall be a program based upon
     models of successful teaching residencies that serves as a
     mechanism to prepare teachers for success in the high-need
     schools in the eligible partnership, and shall be designed to
     include the following characteristics of successful programs:
       ``(i) The integration of pedagogy, classroom practice, and
     teacher mentoring.
       ``(ii) Engagement of teaching residents in rigorous
     graduate-level course work to earn a master's degree while
     undertaking a guided teaching apprenticeship.
       ``(iii) Experience and learning opportunities alongside a
     trained and experienced mentor teacher--

       ``(I) whose teaching shall complement the residency program
     so that classroom clinical practice is tightly aligned with
     course work;
       ``(II) who shall have extra responsibilities as a teacher
     leader of the teaching residency program, as a mentor for
     residents, and as a teacher coach during the induction
     program for novice teachers, and for establishing, within the
     program, a learning community in which all individuals are
     expected to continually improve their capacity to advance
     student learning; and
       ``(III) who may have full relief from teaching duties as a
     result of such additional responsibilities.

       ``(iv) The establishment of clear criteria for the
     selection of mentor teachers based on measures of teacher
     effectiveness and the appropriate subject area knowledge.
     Evaluation of teacher effectiveness shall be based on
     observations of such domains of teaching as the following:

       ``(I) Planning and preparation, including demonstrated
     knowledge of content, pedagogy, and assessment, including the
     use of formative assessments to improve student learning.
       ``(II) Appropriate instruction that engages students with
     different learning styles, including students with
     disabilities.
       ``(III) Collaboration with colleagues to improve
     instruction.
       ``(IV) Analysis of gains in student learning, based on
     multiple measures, that, when feasible, may include valid and
     reliable objective measures of the influence of teachers on
     the rate of student academic progress.
       ``(V) In the case of mentor candidates who will be
     mentoring current or future literacy and mathematics coaches
     or instructors, appropriate skills in the essential
     components of reading instruction, teacher training in
     literacy instructional strategies across core subject areas,
     and teacher training in mathematics instructional strategies,
     as appropriate.

       ``(v) Grouping of teaching residents in cohorts to
     facilitate professional collaboration among such residents.
       ``(vi) The development of admissions goals and priorities
     aligned with the hiring objectives of the local educational
     agency partnering with the program, as well as the
     instructional initiatives and curriculum of the agency, in
     exchange for a commitment by the agency to hire graduates
     from the teaching residency program.
       ``(vii) Support for residents, once the teaching residents
     are hired as teachers of record, through an induction
     program, professional development, and networking
     opportunities to support the residents through not less than
     the residents' first 2 years of teaching.
       ``(viii) Admission goals and priorities which may include
     consideration of applicants who reflect the communities in
     which they will teach as well as consideration of individuals
     from underrepresented populations in the teaching profession.
       ``(B) Selection of individuals as teacher residents.--
       ``(i) Eligible individual.--In order to be eligible to be a
     teacher resident in a teaching residency program under this
     subsection, an individual shall--

       ``(I) be a recent graduate of a 4-year institution of
     higher education or a mid-career professional from outside
     the field of education possessing strong content knowledge or
     a record of professional accomplishment; and
       ``(II) submit an application to the teaching residency
     program.

       ``(ii) Selection criteria.--An eligible partnership
     carrying out a teaching residency program under this
     subsection shall establish criteria for the selection of
     eligible individuals to participate in the teaching residency
     program based on the following characteristics:

       ``(I) Strong content knowledge or record of accomplishment
     in the field or subject area to be taught.
       ``(II) Strong verbal and written communication skills,
     which may be demonstrated by performance on appropriate
     tests.
       ``(III) Other attributes linked to effective teaching,
     which may be determined by interviews or performance
     assessments, as specified by the eligible partnership.

       ``(C) Stipend and service requirement.--
       ``(i) Stipend.--A teaching residency program under this
     paragraph shall provide a 1-year living stipend or salary to
     teaching residents during the 1-year teaching residency
     program.
       ``(ii) Service requirement.--As a condition of receiving a
     stipend under this subparagraph, a teaching resident shall
     agree to teach in a high-need school served by the high-need
     local educational agency in the eligible partnership for a
     period of 3 or more years after completing the 1-year
     teaching residency program.
       ``(iii) Repayment.--If a teaching resident who received a
     stipend under this subparagraph does not complete the service
     requirement described in clause (ii), such individual shall
     repay to the high-need local educational agency a pro rata
     portion of the stipend amount for the amount of teaching time
     that the individual did not complete.
       ``(f) Partnership Grants for the Development of Leadership
     Programs.--
       ``(1) In general.--An eligible partnership receiving a
     grant to carry out an effective leadership program shall
     carry out a program that includes all of the following
     activities:
       ``(A) Preparing students currently enrolled or preparing to
     enroll in education administration programs in preparation
     for careers as superintendents, principals, or other school
     administrators (including students preparing to work in rural
     school districts who may perform multiple duties in addition
     to the role of administrator).
       ``(B) Promoting strong administrative skills and, as
     applicable, techniques for education administrators to
     improve the school environment and effectively manage
     schools.
       ``(C) Ensuring that students who participate in the
     leadership program receive--
       ``(i) effective pre-service preparation as described in
     subparagraph (D); and
       ``(ii) mentoring by educational administrators.
       ``(D) Developing and improving a sustained and high-quality
     pre-service clinical education program to further develop the
     leadership skills of all prospective educational
     administrators involved in the program. Such program shall do
     the following:
       ``(i) Incorporate year-long opportunities for enrichment
     activity or a combination of activities, including--

       ``(I) clinical learning in high-need schools served by the
     high-need local educational agency in the eligible
     partnership and identified by the eligible partnership; and
       ``(II) closely supervised interaction between faculty and
     new and experienced teachers, principals, and other
     administrators in high-need schools served by the high-need
     local educational agency in the eligible partnership and
     identified by the eligible partnership.

       ``(ii) Integrate pedagogy and practice and promote
     effective administrative skills for meeting the unique needs
     of rural and geographically isolated communities.
       ``(iii) Educational administrator mentoring.
       ``(E) Creating an induction program for new administrators.
       ``(F) Developing and implementing effective mechanisms to
     ensure that the eligible partnership is able to recruit
     qualified individuals to become educational administrators
     through the activities of the eligible partnership, which may
     include an emphasis on recruiting into the education
     administration profession--

[[Page H673]]

       ``(i) underrepresented populations;
       ``(ii) individuals to serve as superintendents, principals,
     or other school administrators in rural and geographically
     isolated communities and shortage areas designated by the
     Secretary; or
       ``(iii) mid-career professionals from other occupations,
     former military personnel, and recent college graduates with
     proven records of academic distinction.
       ``(2) Selection of individuals for the leadership
     program.--In order to be eligible for the leadership program
     under this subsection, an individual shall--
       ``(A) be enrolled in or preparing to enroll in an
     institution of higher education, or a recent graduate of an
     institution of higher education, or a mid-career professional
     from outside the field of education possessing strong content
     knowledge or a record of professional accomplishment;
       ``(B) be current teachers who would like to become
     principals or principals who would like to be
     superintendents; and
       ``(C) submit an application to the leadership program.
       ``(g) Consultation.--
       ``(1) In general.--Members of an eligible partnership that
     receives a grant under this section shall engage in regular
     consultation throughout the development and implementation of
     programs and activities under this section.
       ``(2) Regular communication.--To ensure timely and
     meaningful consultation, regular communication shall occur
     among all members of the eligible partnership, including the
     high-need local educational agency. Such communication shall
     continue throughout the implementation of the grant and the
     assessment of programs and activities under this section.
       ``(3) Written consent.--The Secretary may approve changes
     in grant activities of a grant under this section only if a
     written consent signed by all members of the eligible
     partnership is submitted to the Secretary.
       ``(h) Construction.--Nothing in this section shall be
     construed to prohibit an eligible partnership from using
     grant funds to coordinate with the activities of eligible
     partnerships in other States or on a regional basis through
     Governors, State boards of education, State educational
     agencies, State agencies responsible for early childhood
     education, local educational agencies, or State agencies for
     higher education.
       ``(i) Supplement, Not Supplant.--Funds made available to
     carry out this section shall be used to supplement, and not
     supplant, other Federal, State, and local funds that would
     otherwise be expended to carry out activities under this
     section.

     ``SEC. 203. ADMINISTRATIVE PROVISIONS.

       ``(a) Duration; Number of Awards; Payments.--
       ``(1) Duration.--A grant awarded under this part shall be
     awarded for a period of 5 years.
       ``(2) Number of awards.--An eligible partnership may not
     receive more than 1 grant during a 5-year period. Nothing in
     this title shall be construed to prohibit an individual
     member, that can demonstrate need, of an eligible partnership
     that receives a grant under this title from entering into
     another eligible partnership consisting of new members and
     receiving a grant with such other eligible partnership before
     the 5-year period described in the preceding sentence
     applicable to the eligible partnership with which the
     individual member has first partnered has expired.
       ``(3) Payments.--The Secretary shall make annual payments
     of grant funds awarded under this part.
       ``(b) Peer Review.--
       ``(1) Panel.--The Secretary shall provide the applications
     submitted under this part to a peer review panel for
     evaluation. With respect to each application, the peer review
     panel shall initially recommend the application for funding
     or for disapproval.
       ``(2) Priority.--In recommending applications to the
     Secretary for funding under this part, the panel shall give
     priority--
       ``(A) to partnerships that include an institution of higher
     education whose teacher preparation program has a rigorous
     selection process to ensure the highest quality of students
     entering such programs; and
       ``(B)(i) to applications from broad-based eligible
     partnerships that involve businesses and community
     organizations; or
       ``(ii) to eligible partnerships so that the awards promote
     an equitable geographic distribution of grants among rural
     and urban areas.
       ``(3) Secretarial selection.--The Secretary shall
     determine, based on the peer review process, which
     applications shall receive funding and the amounts of the
     grants. In determining the grant amount, the Secretary shall
     take into account the total amount of funds available for all
     grants under this part and the types of activities proposed
     to be carried out by the eligible partnership.
       ``(c) Matching Requirements.--
       ``(1) In general.--Each eligible partnership receiving a
     grant under this part shall provide, from non-Federal
     sources, an amount equal to 100 percent of the amount of the
     grant, which may be provided in cash or in-kind, to carry out
     the activities supported by the grant.
       ``(2) Waiver.--The Secretary may waive all or part of the
     matching requirement described in paragraph (1) for any
     fiscal year for an eligible partnership, if the Secretary
     determines that applying the matching requirement to the
     eligible partnership would result in serious hardship or an
     inability to carry out the authorized activities described in
     this part.
       ``(d) Limitation on Administrative Expenses.--An eligible
     partnership that receives a grant under this part may use not
     more than 2 percent of the grant funds for purposes of
     administering the grant.

     ``SEC. 204. ACCOUNTABILITY AND EVALUATION.

       ``(a) Eligible Partnership Evaluation.--Each eligible
     partnership submitting an application for a grant under this
     part shall establish and include in such application an
     evaluation plan that includes strong performance objectives.
     The plan shall include objectives and measures for
     increasing--
       ``(1) student achievement for all students as measured by
     the eligible partnership;
       ``(2) teacher retention in the first 3 years of a teacher's
     career;
       ``(3) improvement in the pass rates and scaled scores for
     initial State certification or licensure of teachers; and
       ``(4)(A) the percentage of highly qualified teachers hired
     by the high-need local educational agency participating in
     the eligible partnership;
       ``(B) the percentage of such teachers who are members of
     underrepresented groups;
       ``(C) the percentage of such teachers who teach high-need
     academic subject areas (such as reading, mathematics,
     science, and foreign languages, including less commonly
     taught languages and critical foreign languages);
       ``(D) the percentage of such teachers who teach in high-
     need areas (including special education, language instruction
     educational programs for limited English proficient students,
     and early childhood education);
       ``(E) the percentage of such teachers in high-need schools,
     disaggregated by the elementary, middle, and high school
     levels;
       ``(F) as applicable, the percentage of early childhood
     education program classes in the geographic area served by
     the eligible partnership taught by early childhood educators
     who are highly competent; and
       ``(G) as applicable, the number of teachers trained
     effectively to integrate technology into curricula and
     instruction and who use technology to collect, manage, and
     analyze data to improve teaching, learning, and decision
     making for the purpose of improving student academic
     achievement.
       ``(b) Information.--An eligible partnership receiving a
     grant under this part shall ensure that teachers, principals,
     school superintendents, and faculty and leadership at
     institutions of higher education located in the geographic
     areas served by the eligible partnership are provided
     information about the activities carried out with funds under
     this part, including through electronic means.
       ``(c) Revocation of Grant.--If the Secretary determines
     that an eligible partnership receiving a grant under this
     part is not making substantial progress in meeting the
     purposes, goals, objectives, and measures, as appropriate, of
     the grant by the end of the third year of a grant under this
     part, then the Secretary shall require such eligible
     partnership to submit a revised application that identifies
     the steps the partnership will take to make substantial
     progress to meet the purposes, goals, objectives, and
     measures, as appropriate, of this part.
       ``(d) Evaluation and Dissemination.--The Secretary shall
     evaluate the activities funded under this part and report the
     findings regarding the evaluation of such activities to the
     authorizing committees. The Secretary shall broadly
     disseminate--
       ``(1) successful practices developed by eligible
     partnerships under this part; and
       ``(2) information regarding such practices that were found
     to be ineffective.

     ``SEC. 205. ACCOUNTABILITY FOR PROGRAMS THAT PREPARE
                   TEACHERS.

       ``(a) Institutional and Program Report Cards on the Quality
     of Teacher Preparation.--
       ``(1) Report card.--Each institution of higher education
     that conducts a traditional teacher preparation program or
     alternative routes to State certification or licensure
     program and that enrolls students receiving Federal
     assistance under this Act shall report annually to the State
     and the general public, in a uniform and comprehensible
     manner that conforms with the definitions and methods
     established by the Secretary, both for traditional teacher
     preparation programs and alternative routes to State
     certification or licensure programs, the following
     information:
       ``(A) Pass rates and scaled scores.--For the most recent
     year for which the information is available for those
     students who took the assessments and are enrolled in the
     traditional teacher preparation program or alternative routes
     to State certification or licensure program, and for those
     who have taken the assessments and have completed the
     traditional teacher preparation program or alternative routes
     to State certification or licensure program during the 2-year
     period preceding such year, for each of the assessments used
     for teacher certification or licensure by the State in which
     the program is located--
       ``(i) the percentage of students who have completed 100
     percent of the nonclinical course work and taken the
     assessment who pass such assessment;
       ``(ii) the percentage of all such students who passed each
     such assessment;
       ``(iii) the percentage of students taking an assessment who
     enrolled in and completed the teacher preparation program;
       ``(iv) the average scaled score for all students who took
     each such assessment;
       ``(v) a comparison of the program's pass rates with the
     average pass rates for programs in the State; and
       ``(vi) a comparison of the program's average scaled scores
     with the average scaled scores for programs in the State.
       ``(B) Program information.--The criteria for admission into
     the program, the number of students in the program
     (disaggregated by race,

[[Page H674]]

     ethnicity, and gender), the average number of hours of
     supervised clinical experience required for those in the
     program, the number of full-time equivalent faculty and
     students in the supervised clinical experience, and the total
     number of students who have been certified or licensed as
     teachers, disaggregated by subject and area of certification
     or licensure.
       ``(C) Statement.--In States that require approval or
     accreditation of teacher preparation programs, a statement of
     whether the institution's program is so approved or
     accredited, and by whom.
       ``(D) Designation as low-performing.--Whether the program
     has been designated as low-performing by the State under
     section 208(a).
       ``(E) Use of technology.--A description of the activities
     that prepare teachers to effectively integrate technology
     into curricula and instruction and effectively use technology
     to collect, manage, and analyze data in order to improve
     teaching, learning, and decision making for the purpose of
     increasing student academic achievement.
       ``(F) Teacher training.--A description of the activities
     that prepare general and special education teachers to
     effectively teach students with disabilities, including
     training related to participation as a member of
     individualized education program teams, as defined in section
     614(d)(1)(B) of the Individuals with Disabilities Education
     Act, and to effectively teach students with limited English
     proficiency.
       ``(2) Report.--Each eligible partnership receiving a grant
     under section 202 shall report annually on the progress of
     the eligible partnership toward meeting the purposes of this
     part and the objectives and measures described in section
     204(a).
       ``(3) Fines.--The Secretary may impose a fine not to exceed
     $25,000 on an institution of higher education for failure to
     provide the information described in this subsection in a
     timely or accurate manner.
       ``(4) Special rule.--In the case of an institution of
     higher education that conducts a traditional teacher
     preparation program or alternative routes to State
     certification or licensure program and has fewer than 10
     scores reported on any single initial teacher certification
     or licensure assessment during an academic year, the
     institution shall collect and publish information, as
     required under paragraph (1)(A), with respect to an average
     pass rate and scaled score on each State certification or
     licensure assessment taken over a 3-year period.
       ``(b) State Report Card on the Quality of Teacher
     Preparation.--
       ``(1) In general.--Each State that receives funds under
     this Act shall provide to the Secretary, annually, in a
     uniform and comprehensible manner that conforms with the
     definitions and methods established by the Secretary, a State
     report card on the quality of teacher preparation in the
     State, both for traditional teacher preparation programs and
     for alternative routes to State certification or licensure
     programs, which shall include not less than the following:
       ``(A) A description of the reliability and validity of the
     teacher certification and licensure assessments, and any
     other certification and licensure requirements, used by the
     State.
       ``(B) The standards and criteria that prospective teachers
     must meet to attain initial teacher certification or
     licensure and to be certified or licensed to teach particular
     academic subject areas or in particular grades within the
     State.
       ``(C) A description of how the assessments and requirements
     described in subparagraph (A) are aligned with the State's
     challenging academic content standards required under section
     1111(b)(1) of the Elementary and Secondary Education Act of
     1965 and State early learning standards for early childhood
     education programs.
       ``(D) For each of the assessments used by the State for
     teacher certification or licensure--
       ``(i) for each institution of higher education located in
     the State and each entity located in the State that offers an
     alternative route for teacher certification or licensure, the
     percentage of students at such institution or entity who have
     completed 100 percent of the nonclinical course work and
     taken the assessment who pass such assessment;
       ``(ii) the percentage of all such students at all such
     institutions taking the assessment who pass such assessment;
     and
       ``(iii) the percentage of students taking an assessment who
     enrolled in and completed the teacher preparation program.
       ``(E) A description of alternative routes to teacher
     certification or licensure in the State (including any such
     routes operated by entities that are not institutions of
     higher education), if any, including, for each of the
     assessments used by the State for teacher certification or
     licensure--
       ``(i) the percentage of individuals participating in such
     routes, or who have completed such routes during the 2-year
     period preceding the date of the determination, who passed
     each such assessment; and
       ``(ii) the average scaled score of individuals
     participating in such routes, or who have completed such
     routes during the period preceding the date of the
     determination, who took each such assessment.
       ``(F) A description of the State's criteria for assessing
     the performance of teacher preparation programs within
     institutions of higher education in the State. Such criteria
     shall include indicators of the academic content knowledge
     and teaching skills of students enrolled in such programs.
       ``(G) For each teacher preparation program in the State,
     the criteria for admission into the program, the number of
     students in the program, disaggregated by race, ethnicity,
     and gender (except that such disaggregation shall not be
     required in a case in which the number of students in a
     category is insufficient to yield statistically reliable
     information or the results would reveal personally
     identifiable information about an individual student), the
     average number of hours of supervised clinical experience
     required for those in the program, and the number of full-
     time equivalent faculty, adjunct faculty, and students in
     supervised clinical experience.
       ``(H) For the State as a whole, and for each teacher
     preparation program in the State, the number of teachers
     prepared, in the aggregate and reported separately by--
       ``(i) area of certification or licensure;
       ``(ii) academic major; and
       ``(iii) subject area for which the teacher has been
     prepared to teach.
       ``(I) Using the data generated under subparagraphs (G) and
     (H), a description of the extent to which teacher preparation
     programs are helping to address shortages of highly qualified
     teachers, by area of certification or licensure, subject, and
     specialty, in the State's public schools.
       ``(J) A description of the activities that prepare general
     and special education teachers to effectively teach students
     with disabilities, including training related to
     participation as a member of individualized education program
     teams, as defined in section 614(d)(1)(B) of the Individuals
     with Disabilities Education Act.
       ``(K) A description of the activities that prepare teachers
     to effectively integrate technology into curricula and
     instruction and effectively use technology to collect,
     manage, and analyze data to improve teaching, learning, and
     decision making for the purpose of increasing student
     academic achievement.
       ``(L) A description of the activities that prepare general
     education and special education teachers to effectively teach
     students with limited English proficiency.
       ``(2) Prohibition against creating a national list.--The
     Secretary shall not create a national list or ranking of
     States, institutions, or schools using the scaled scores
     provided under this subsection.
       ``(c) Data Quality.--The Secretary shall prescribe
     regulations requiring practices and procedures to ensure the
     reliability, validity, integrity, and accuracy of the data
     submitted pursuant to this section.
       ``(d) Report of the Secretary on the Quality of Teacher
     Preparation.--
       ``(1) Report card.--The Secretary shall provide to
     Congress, and publish and make widely available, a report
     card on teacher qualifications and preparation in the United
     States, including all the information reported in
     subparagraphs (A) through (L) of subsection (b)(1). Such
     report shall identify States for which eligible partnerships
     received a grant under this part. Such report shall be so
     provided, published, and made available annually.
       ``(2) Report to congress.--The Secretary shall prepare and
     submit a report to Congress that contains the following:
       ``(A) A comparison of States' efforts to improve the
     quality of the current and future teaching force.
       ``(B) A comparison of eligible partnerships' efforts to
     improve the quality of the current and future teaching force.
       ``(C) The national mean and median scaled scores and pass
     rate on any standardized test that is used in more than 1
     State for teacher certification or licensure.
       ``(3) Special rule.--In the case of a teacher preparation
     program with fewer than 10 scores reported on any single
     initial teacher certification or licensure assessment during
     an academic year, the Secretary shall collect and publish
     information, and make publicly available, with respect to an
     average pass rate and scaled score on each State
     certification or licensure assessment taken over a 3-year
     period.
       ``(e) Coordination.--The Secretary, to the extent
     practicable, shall coordinate the information collected and
     published under this part among States for individuals who
     took State teacher certification or licensure assessments in
     a State other than the State in which the individual received
     the individual's most recent degree.

     ``SEC. 206. TEACHER DEVELOPMENT.

       ``(a) Annual Goals.--As a condition of receiving assistance
     under title IV, each institution of higher education that
     conducts a traditional teacher preparation program (including
     programs that offer any ongoing professional development
     programs) or alternative routes to State certification or
     licensure program, and that enrolls students receiving
     Federal assistance under this Act, shall set annual
     quantifiable goals for--
       ``(1) increasing the number of prospective teachers trained
     in teacher shortage areas designated by the Secretary,
     including mathematics, science, special education, and
     instruction of limited English proficient students; and
       ``(2) more closely linking the training provided by the
     institution with the needs of schools and the instructional
     decisions new teachers face in the classroom.
       ``(b) Assurance.--As a condition of receiving assistance
     under title IV, each institution described in subsection (a)
     shall provide an assurance to the Secretary that--
       ``(1) training provided to prospective teachers responds to
     the identified needs of the local educational agencies or
     States where the institution's graduates are likely to teach,
     based on past hiring and recruitment trends;
       ``(2) prospective special education teachers receive course
     work in core academic subjects and receive training in
     providing instruction in core academic subjects;
       ``(3) general education teachers receive training in
     providing instruction to diverse populations, including
     children with disabilities, limited English proficient
     students, and children from low-income families; and

[[Page H675]]

       ``(4) prospective teachers receive training on how to
     effectively teach in urban and rural schools.
       ``(c) Public Reporting.--As part of the annual report card
     required under section 205(a)(1), an institution of higher
     education described in subsection (a) shall publicly report
     whether the goals established under such subsection have been
     met.

     ``SEC. 207. STATE FUNCTIONS.

       ``(a) State Assessment.--In order to receive funds under
     this Act, a State shall have in place a procedure to conduct
     an assessment to identify and assist, through the provision
     of technical assistance, low-performing programs of teacher
     preparation. Such State shall provide the Secretary an annual
     list of such low-performing teacher preparation programs that
     includes an identification of those programs at risk of being
     placed on such list. Such assessment shall be described in
     the report under section 205(b). Levels of performance shall
     be determined solely by the State and may include criteria
     based on information collected pursuant to this part
     including progress in meeting the goals of--
       ``(1) increasing the percentage of highly qualified
     teachers in the State, including increasing professional
     development opportunities;
       ``(2) improving student achievement for all students; and
       ``(3) raising the standards for entry into the teaching
     profession.
       ``(b) Termination of Eligibility.--Any program of teacher
     preparation from which the State has withdrawn the State's
     approval, or terminated the State's financial support, due to
     the low performance of the program based upon the State
     assessment described in subsection (a)--
       ``(1) shall be ineligible for any funding for professional
     development activities awarded by the Department;
       ``(2) shall not be permitted to accept or enroll any
     student that receives aid under title IV in the institution's
     teacher preparation program; and
       ``(3) shall provide transitional support, including
     remedial services if necessary, for students enrolled at the
     institution at the time of termination of financial support
     or withdrawal of approval.
       ``(c) Negotiated Rulemaking.--If the Secretary develops any
     regulations implementing subsection (b)(2), the Secretary
     shall submit such proposed regulations to a negotiated
     rulemaking process, which shall include representatives of
     States, institutions of higher education, and educational and
     student organizations.
       ``(d) Application of the Requirements.--The requirements of
     this section shall apply to both traditional teacher
     preparation programs and alternative routes to State
     certification and licensure programs.

     ``SEC. 208. GENERAL PROVISIONS.

       ``(a) Methods.--In complying with sections 205 and 207, the
     Secretary shall ensure that States and institutions of higher
     education use fair and equitable methods in reporting and
     that the reporting methods do not allow identification of
     individuals.
       ``(b) Special Rule.--For each State that does not use
     content assessments as a means of ensuring that all teachers
     teaching in core academic subjects within the State are
     highly qualified, as required under section 1119 of the
     Elementary and Secondary Education Act of 1965 and in
     accordance with the State plan submitted or revised under
     section 1111 of such Act, or that each person employed as a
     special education teacher in the State who teaches elementary
     school, middle school, or secondary school is highly
     qualified by the deadline, as required under section
     612(a)(14)(C) of the Individuals with Disabilities Education
     Act,--
       ``(1) the Secretary shall, to the extent practicable,
     collect data comparable to the data required under this part
     from States, local educational agencies, institutions of
     higher education, or other entities that administer such
     assessments to teachers or prospective teachers; and
       ``(2) notwithstanding any other provision of this part, the
     Secretary shall use such data to carry out requirements of
     this part related to assessments, pass rates, and scaled
     scores.
       ``(c) Release of Information to Teacher Preparation
     Programs.--
       ``(1) In general.--For the purpose of improving teacher
     preparation programs, a State educational agency that
     receives funds under this Act, or that participates as a
     member of a partnership, consortium, or other entity that
     receives such funds, shall provide to a teacher preparation
     program, upon the request of the teacher preparation program,
     any and all pertinent education-related information that--
       ``(A) may enable the teacher preparation program to
     evaluate the effectiveness of the program's graduates or the
     program itself; and
       ``(B) is possessed, controlled, or accessible by the State
     educational agency.
       ``(2) Content of information.--The information described in
     paragraph (1)--
       ``(A) shall include an identification of specific
     individuals who graduated from the teacher preparation
     program to enable the teacher preparation program to evaluate
     the information provided to the program from the State
     educational agency with the program's own data about the
     specific courses taken by, and field experiences of, the
     individual graduates; and
       ``(B) may include--
       ``(i) kindergarten through grade 12 academic achievement
     and demographic data, without revealing personally
     identifiable information about an individual student, for
     students who have been taught by graduates of the teacher
     preparation program; and
       ``(ii) teacher effectiveness evaluations for teachers who
     graduated from the teacher preparation program.
       ``(d) Limitations.--
       ``(1) Federal control prohibited.--Nothing in this part
     shall be construed to permit, allow, encourage, or authorize
     any Federal control over any aspect of any private,
     religious, or home school (whether or not a home school is
     treated as a private school or home school under State law).
     This section shall not be construed to prohibit private,
     religious, or home schools from participation in programs or
     services under this part.
       ``(2) No change in state control encouraged or required.--
     Nothing in this part shall be construed to encourage or
     require any change in a State's treatment of any private,
     religious, or home school (whether or not a home school is
     treated as a private school or home school under State law).
       ``(3) National system of teacher certification
     prohibited.--Nothing in this part shall be construed to
     permit, allow, encourage, or authorize the Secretary to
     establish or support any national system of teacher
     certification.

     ``SEC. 209. AUTHORIZATION OF APPROPRIATIONS.

       ``There are authorized to be appropriated to carry out this
     part $300,000,000 for fiscal year 2009 and such sums as may
     be necessary for each of the 2 succeeding fiscal years.

         ``PART B--PREPARING TEACHERS FOR DIGITAL AGE LEARNERS

     ``SEC. 221. PROGRAM AUTHORIZED.

       ``(a) Program Authority.--The Secretary is authorized to
     award grants to, or enter into contracts or cooperative
     agreements with, eligible consortia to pay the Federal share
     of the costs of projects to--
       ``(1) graduate teacher candidates who are prepared to use
     modern information, communication, and learning tools to--
       ``(A) improve student learning, assessment, and learning
     management; and
       ``(B) help students develop skills to enter the workforce;
       ``(2) strengthen and develop partnerships among the
     stakeholders in teacher preparation to transform teacher
     education and ensure technology rich learning environments
     throughout a teacher candidate's pre-service education,
     including clinical experiences; and
       ``(3) assess the effectiveness of departments, schools, and
     colleges of education at institutions of higher education in
     preparing teacher candidates for successful implementation of
     technology-rich teaching-learning environments that enable
     kindergarten through grade 12 students to develop skills to
     enter the workforce.
       ``(b) Amount and Duration.--A grant, contract, or
     cooperative agreement under this part--
       ``(1) shall be for not more than $2,000,000;
       ``(2) shall be for a 3-year period; and
       ``(3) may be renewed for one additional year.
       ``(c) Non-Federal Share Requirement.--The Federal share of
     the cost of any project funded under this part shall not
     exceed 75 percent. The non-Federal share of the cost of such
     project may be provided in cash or in kind, fairly evaluated,
     including services.
       ``(d) Definition of Eligible Consortium.--In this part, the
     term `eligible consortium' means a consortium of members that
     includes the following:
       ``(1) At least one institution of higher education that
     awards baccalaureate degrees and prepares teachers for
     initial entry into teaching.
       ``(2) At least one State educational agency or local
     educational agency.
       ``(3) A department, school, or college of education at an
     institution of higher education.
       ``(4) A department, school, or college of arts and sciences
     at an institution of higher education.
       ``(5) At least one entity with the capacity to contribute
     to the technology-related reform of teacher preparation
     programs, which may be a professional association,
     foundation, museum, library, for-profit business, public or
     private nonprofit organization, community-based organization,
     or other entity.

     ``SEC. 222. USES OF FUNDS.

       ``(a) In General.--An eligible consortium that receives a
     grant or enters into a contract or cooperative agreement
     under this part shall use funds made available under this
     part to carry out a project that--
       ``(1) develops long-term partnerships among members of the
     consortium that are focused on effective teaching with modern
     digital tools and content that substantially connect pre-
     service preparation of teacher candidates with high-needs
     schools; or
       ``(2) transforms the way departments, schools, and colleges
     of education teach classroom technology integration,
     including the principles of universal design, to teacher
     candidates.
       ``(b) Uses of Funds for Partnership Grants.--In carrying
     out a project under subsection (a)(1), an eligible consortium
     shall--
       ``(1) provide teacher candidates, early in their
     preparation, with field experiences in educational settings
     with technology;
       ``(2) build the skills of teacher candidates to support
     technology-rich instruction, assessment and learning
     management in content areas, technology literacy, an
     understanding of the principles of universal design, and the
     development of other skills for entering the workforce;
       ``(3) provide professional technology development for
     teachers, administrators, and content specialists who
     participate in field placement;
       ``(4) provide professional development of technology
     pedagogical skills for faculty of departments, schools, and
     colleges of education and arts and sciences;
       ``(5) implement strategies for the mentoring of teacher
     candidates with respect to technology implementation by
     members of the consortium;
       ``(6) evaluate teacher candidates during the first years of
     teaching to fully assess outcomes of the project;

[[Page H676]]

       ``(7) build collaborative learning communities for
     technology integration within the consortium to sustain
     meaningful applications of technology in the classroom during
     teacher preparation and early career practice; and
       ``(8) evaluate the effectiveness of the project.
       ``(c) Uses of Funds for Transformation Grants.--In carrying
     out a project under subsection (a)(2), an eligible consortium
     shall--
       ``(1) redesign curriculum to require collaboration between
     the department, school, or college of education faculty and
     the department, school, or college of arts and sciences
     faculty who teach content or methods courses for training
     teacher candidates;
       ``(2) collaborate between the department, school, or
     college of education faculty and the department, school, or
     college of arts and science faculty and academic content
     specialists at the local educational agency to educate pre-
     service teachers who can integrate technology and pedagogical
     skills in content areas;
       ``(3) collaborate between the department, school, or
     college of education faculty and the department, school, or
     college of arts and sciences faculty who teach courses to
     pre-service teachers to--
       ``(A) develop and implement a plan for pre-service teachers
     and continuing educators that demonstrates effective
     instructional strategies and application of such strategies
     in the use of digital tools to transform the teaching and
     learning process; and
       ``(B) better reach underrepresented pre-service teacher
     populations with programs that connect such pre-service
     teacher populations with applications of technology;
       ``(4) collaborate among faculty and students to create and
     disseminate case studies of technology applications in
     classroom settings with a goal of improving student
     achievement in high-need schools;
       ``(5) provide additional technology resources for pre-
     service teachers to plan and implement technology
     applications in classroom settings that provide evidence of
     student learning; and
       ``(6) bring together expertise from departments, schools,
     or colleges of education, arts and science faculty, and
     academic content specialists at the local educational agency
     to share and disseminate technology applications in the
     classroom through teacher preparation and into early career
     practice.

     ``SEC. 223. APPLICATION REQUIREMENTS.

       ``To be eligible to receive a grant or enter into a
     contract or cooperative agreement under this part, an
     eligible consortium shall submit an application to the
     Secretary at such time, in such manner, and containing such
     information as the Secretary may require. Such application
     shall include the following:
       ``(1) A description of the project to be carried out with
     the grant, including how the project will--
       ``(A) develop a long-term partnership focused on effective
     teaching with modern digital tools and content that
     substantially connects pre-service preparation of teacher
     candidates with high-need schools; or
       ``(B) transform the way departments, schools, and colleges
     of education teach classroom technology integration,
     including the principles of universal design, to teacher
     candidates.
       ``(2) A demonstration of--
       ``(A) the commitment, including the financial commitment,
     of each of the members of the consortium for the proposed
     project; and
       ``(B) the support of the leadership of each organization
     that is a member of the consortium for the proposed project.
       ``(3) A description of how each member of the consortium
     will participate in the project.
       ``(4) A description of how the State or local educational
     agency will incorporate the project into the agency's
     technology plan, if such a plan already exists.
       ``(5) A description of how the project will be continued
     after Federal funds are no longer available under this part
     for the project.
       ``(6) A plan for the evaluation of the project, which shall
     include benchmarks to monitor progress toward specific
     project objectives.

     ``SEC. 224. EVALUATION.

       ``Not less than 10 percent of the funds awarded to an
     eligible consortium to carry out a project under this part
     shall be used to evaluate the effectiveness of such project.

     ``SEC. 225. AUTHORIZATION OF APPROPRIATIONS.

       ``There is authorized to be appropriated $100,000,000 to
     carry out this part for fiscal year 2009 and such sums as may
     be necessary for each of the 2 succeeding fiscal years.

                 ``PART C--ENHANCING TEACHER EDUCATION

     ``SEC. 240. AUTHORIZATION OF APPROPRIATIONS.

       ``There are authorized to be appropriated to carry out this
     part such sums as may be necessary for fiscal year 2009 and
     each of the 4 succeeding fiscal years.

``Subpart 1--Recruiting Teachers With Math, Science, or Language Majors

     ``SEC. 241. PROGRAM AUTHORIZED.

       ``(a) Grants Authorized.--From the amounts appropriated
     under section 240, the Secretary shall make competitive
     grants to institutions of higher education to improve the
     availability, recruitment, and retention of teachers from
     among students majoring in mathematics, science, foreign
     languages, special education, or teaching the English
     language to students who are limited English proficient, or
     to a combination of students majoring in such subjects. In
     making such grants, the Secretary shall give priority to
     institutions of higher education with programs that--
       ``(1) focus on preparing and retaining teachers in subjects
     in which there is a shortage of highly qualified teachers and
     that prepare students to teach in high-need schools; and
       ``(2) include plans to seek matching funds from other
     governmental and non-governmental sources.
       ``(b) Application.--Any institution of higher education
     desiring to receive a grant under this subpart shall submit
     to the Secretary an application at such time, in such form,
     and containing such information and assurances as the
     Secretary may require, including--
       ``(1) the number of students who graduated from the
     institution in the preceding year with the qualifications
     necessary to be teachers with expertise in mathematics,
     science, a foreign language, special education, or teaching
     limited English proficient individuals; and
       ``(2) a goal and timeline for increasing the number of such
     teachers who graduate from the institution.
       ``(c) Use of Funds.--Grant funds made available under this
     subpart--
       ``(1) shall be used to create and provide new recruitment
     incentives to encourage students who are planning to pursue
     other careers to pursue careers in teaching, with an emphasis
     on recruiting students who are majoring in high-need subjects
     such as mathematics, science, foreign languages, and special
     education, and areas relevant to teaching the English
     language to students who are limited English proficient;
       ``(2) may be used to upgrade curriculum to provide all
     students studying to become teachers with high-quality
     instructional strategies for teaching reading and teaching
     the English language to students who are limited English
     proficient, and for adopting, modifying, and differentiating
     instruction to teach students with disabilities;
       ``(3) may be used to integrate department, school, or
     college of education faculty with other arts and science
     faculty in mathematics, science, foreign languages, special
     education, and teaching the English language to students who
     are limited English proficient through steps such as--
       ``(A) dual appointments for faculty between departments,
     schools, or colleges of education and departments, schools,
     or colleges of arts and science; and
       ``(B) integrating course work with clinical experience;
       ``(4) may be used to develop strategic plans between
     departments, schools, or colleges of education and local
     school districts to better prepare teachers for high-need
     schools, including the creation of professional development
     partnerships for training new teachers in state-of-the-art
     teaching practices; and
       ``(5) may be used to develop or enhance programs aimed at
     retaining teachers in high-need subjects such as mathematics,
     science, foreign languages, special education, and teaching
     the English language to students who are limited English
     proficient, and may include providing scholarship assistance
     to current teachers to upgrade their skills.

``Subpart 2--Community Colleges as Partners in Teacher Education Grants

     ``SEC. 251. GRANTS TO COMMUNITY COLLEGES.

       ``(a) Program Authorized.--The Secretary is authorized to
     award grants, on a competitive basis, to eligible entities to
     assist such entities with--
       ``(1) establishing or enhancing teacher education programs
     at community colleges that--
       ``(A) include content and pedagogical training; and
       ``(B) are aligned with 4-year college and university
     teacher education programs to ensure a seemless transition
     for students from community colleges to 4-year institutions;
       ``(2) establishing or enhancing post baccalaureate
     certification programs offered at community colleges;
       ``(3) developing and delivering a rigorous program of study
     for students interested in a career in teaching; and
       ``(4) developing and delivering professional development
     for teachers to ensure their continued education and
     professional growth.
       ``(b) Authorized Uses of Funds.--Grant funds provided under
     this subpart shall be used to carry out the activities
     described in subsection (a), and may be used to--
       ``(1) develop curriculum for teacher education programs and
     post baccalaureate certification programs at community
     colleges;
       ``(2) establish or enhance clinical experiences for
     students in such teacher education programs and post
     baccalaureate certification programs;
       ``(3) establish or enhance professional development
     programs at community colleges that are available for
     teachers;
       ``(4) develop new associate degree programs focused on
     teacher preparation;
       ``(5) increase the alignment between community college
     teacher education programs and 4-year college and university
     teacher education programs, including articulation
     agreements, common course numbering, and joint admission
     programs;
       ``(6) recruit teacher candidates with the goal of
     diversifying the teacher workforce;
       ``(7) prepare teachers for high-demand subject areas
     including science, mathematics, technology, special
     education, critical foreign languages, or the education of
     limited English proficient individuals;
       ``(8) prepare teachers to teach in high-need schools;
       ``(9) increase coordination between teacher education
     programs and departments, schools, or colleges of arts and
     sciences;
       ``(10) encourage teacher education and post baccalaureate
     programs at times and in formats designed to make these
     programs more accessible to certain student populations,
     including mid-career professionals transitioning to teaching;
     and
       ``(11) carry out other activities that aim to ensure that
     well-qualified individuals enter into the teaching
     profession.

[[Page H677]]

       ``(c) Eligible Entity.--For purposes of this subpart, the
     term `eligible entity' means an individual community college
     (or district of community colleges), a consortia of community
     colleges, or a statewide community college system that, for
     the purposes of carrying out activities under this subpart,
     has entered into a partnership with--
       ``(1) a four-year institution of higher education with a
     teacher education program, or a consortia of such
     institutions; and
       ``(2) at least one of the following:
       ``(A) The State agency that oversees teacher preparation or
     higher education in the State.
       ``(B) One or more local educational agencies.
       ``(C) The State educational agency.
       ``(D) A professional organization representing teachers.
       ``(d) Application.--Each eligible entity desiring a grant
     under this subpart shall submit an application to the
     Secretary at such time, in such manner, and containing such
     information as the Secretary may require. Such application
     shall include--
       ``(1) an overview of the goals the eligible entity and its
     partners plan to pursue upon receipt of a grant under this
     subpart;
       ``(2) an identification of the institutions, agencies, or
     organizations that have entered into a partnership with the
     eligible entity to meet the requirements of subsection (c);
       ``(3) a description of how the eligible entity and its
     partners will work to ensure a seemless transition for
     students from community college to 4-year institutions;
       ``(4) an assurance by the eligible entity that students
     will be provided with intensive support services, which may
     include mentoring, academic and career support, and support
     for students who are transitioning, or have transitioned,
     from the community college to the 4-year institution; and
       ``(5) a description of the rigorous 2-year program of study
     to be provided by the eligible entity, and a description of
     how such program establishes a foundation for students to
     enter into a qualified teacher preparation program at a 4-
     year institution.
       ``(e) Priority.--In awarding grants under this subpart, the
     Secretary shall give priority to applications the goals of
     which are to--
       ``(1) increase the diversification of the teacher workforce
     by enrolling and retaining students from minority racial and
     ethnic backgrounds and others underrepresented in the local
     education workforce;
       ``(2) prepare teachers for high-demand subject areas
     including science, mathematics, technology, special
     education, critical foreign languages, or the education of
     limited English proficient individuals; or
       ``(3) prepare teachers to enter into high-need schools.

     ``SEC. 252. DEFINITIONS.

       ``In this subpart:
       ``(1) Community college.--The term `community college' has
     the same meaning given the term `junior or community college'
     in section 313.
       ``(2) Four-year institution.--The term `4-year institution'
     means an institution of higher education (as defined in
     section 101(a)) that provides a 4-year program of instruction
     for which the institution awards a bachelor's degree.
       ``(3) Qualified teacher preparation program.--The term
     `qualified teacher preparation program' means an
     undergraduate program for students at an institution of
     higher education that--
       ``(A) encourages collaboration between faculty in education
     and faculty in the relevant subject areas including, sciences
     mathematics, and foreign languages to pursue content
     coordination for courses taken frequently by students
     preparing to be teachers;
       ``(B) offers support services, including mentoring,
     exposure to and field experience in the classroom prior to
     graduation, or other practices, for students while they are
     in the program, and after graduation while working as
     teachers; and
       ``(C) focuses on increasing the number of teachers for
     high-demand subject areas.

    ``Subpart 3--Honorable Augustus F. Hawkins Centers of Excellence

     ``SEC. 261. DEFINITIONS.

       ``In this subpart:
       ``(1) Eligible institution.--The term `eligible
     institution' means--
       ``(A) an institution of higher education that has a teacher
     preparation program that is a qualified teacher preparation
     program under section 252, and that is--
       ``(i) a part B institution (as defined in section 322);
       ``(ii) a Hispanic-serving institution (as defined in
     section 502);
       ``(iii) a Tribal College or University (as defined in
     section 316);
       ``(iv) an Alaska Native-serving institution (as defined in
     section 317(b));
       ``(v) a Native Hawaiian-serving institution (as defined in
     section 317(b));
       ``(vi) a Predominantly Black Institution (as defined in
     section 318(b));
       ``(vii) an Asian American and Pacific Islander-serving
     institution (as defined in section 319(b)); or
       ``(viii) a Native American-serving non-tribal institution
     (as defined in section 320(b));
       ``(B) a consortium of institutions described in
     subparagraph (A); or
       ``(C) an institution described in subparagraph (A), or a
     consortium described in subparagraph (B), in partnership with
     any other institution of higher education, but only if the
     center of excellence established under section 262 is located
     at an institution described in subparagraph (A).
       ``(2) Scientifically based reading research.--The term
     `scientifically based reading research' has the meaning given
     such term in section 1208 of the Elementary and Secondary
     Education Act of 1965 (20 U.S.C. 6368).

     ``SEC. 262. AUGUSTUS F. HAWKINS CENTERS OF EXCELLENCE.

       ``(a) Program Authorized.--From the amounts appropriated to
     carry out this part, the Secretary is authorized to award
     competitive grants to eligible institutions to establish
     centers of excellence.
       ``(b) Use of Funds.--Grants provided by the Secretary under
     this subpart shall be used to ensure that current and future
     teachers are highly qualified, by carrying out one or more of
     the following activities:
       ``(1) Implementing reforms within teacher preparation
     programs to ensure that such programs are preparing teachers
     who are highly qualified, are able to understand
     scientifically valid research, and are able to use advanced
     technology effectively in the classroom, including use for
     instructional techniques to improve student academic
     achievement, by--
       ``(A) retraining or recruiting faculty; and
       ``(B) designing (or redesigning) teacher preparation
     programs that--
       ``(i) prepare teachers to close student achievement gaps,
     and are based on rigorous academic content, scientifically
     valid research (including scientifically based reading
     research), and challenging State student academic content
     standards; and
       ``(ii) promote strong teaching skills, as defined in
     section 200(b).
       ``(2) Providing sustained and high-quality pre-service
     clinical experience, including the mentoring of prospective
     teachers by exemplary teachers, substantially increasing
     interaction between faculty at institutions of higher
     education and new and experienced teachers, principals, and
     other administrators at elementary schools or secondary
     schools, and providing support, including preparation time,
     for such interaction.
       ``(3) Developing and implementing initiatives to promote
     retention of highly qualified teachers and principals,
     including minority teachers and principals, including
     programs that provide--
       ``(A) teacher or principal mentoring from exemplary
     teachers or principals; or
       ``(B) induction and support for teachers and principals
     during their first 3 years of employment as teachers or
     principals, respectively.
       ``(4) Awarding scholarships based on financial need to help
     students pay the costs of tuition, room, board, and other
     expenses of completing a teacher preparation program.
       ``(5) Disseminating information on effective practices for
     teacher preparation and successful teacher certification and
     licensure assessment preparation strategies.
       ``(6) Activities authorized under section 202.
       ``(c) Application.--Any eligible institution desiring a
     grant under this subpart shall submit an application to the
     Secretary at such a time, in such a manner, and accompanied
     by such information as the Secretary may require.
       ``(d) Minimum Grant Amount.--The minimum amount of each
     grant under this subpart shall be $500,000.
       ``(e) Limitation on Administrative Expenses.--An eligible
     institution that receives a grant under this subpart may not
     use more than 2 percent of the grant funds for purposes of
     administering the grant.
       ``(f) Regulations.--The Secretary shall prescribe such
     regulations as may be necessary to carry out this subpart.

                     ``Subpart 4--Teach for America

     ``SEC. 271. TEACH FOR AMERICA.

       ``(a) Definitions.--
       ``(1) Grantee.--The term `grantee' means Teach For America,
     Inc.
       ``(2) High need.--Notwithstanding section 200(b), the term
     `high need', when used with respect to a local educational
     agency, means a local educational agency experiencing a
     shortage of highly qualified teachers.
       ``(b) Grants Authorized.--The Secretary is authorized to
     award a grant to Teach For America, Inc., the national
     teacher corps of outstanding recent college graduates who
     commit to teach for 2 years in underserved communities in the
     United States, to implement and expand its program of
     recruiting, selecting, training, and supporting new teachers.
       ``(c) Requirements.--In carrying out the grant program
     under subsection (b), the Secretary shall enter into an
     agreement with the grantee under which the grantee agrees to
     use the grant funds provided under this subpart to--
       ``(1) provide highly qualified teachers to high need local
     educational agencies in urban and rural communities;
       ``(2) pay the costs of recruiting, selecting, training, and
     supporting new teachers; and
       ``(3) serve a substantial number and percentage of
     underserved students.
       ``(d) Authorized Activities.--
       ``(1) In general.--Grant funds provided under this subpart
     shall be used by the grantee to carry out each of the
     following activities:
       ``(A) Recruiting and selecting teachers through a highly
     selective national process.
       ``(B) Providing pre-service training to such teachers
     through a rigorous summer institute that includes hands-on
     teaching experience and significant exposure to education
     course work and theory.
       ``(C) Placing such teachers in schools and positions
     designated by high need local educational agencies as high
     need placements serving underserved students.
       ``(D) Providing ongoing professional development activities
     for such teachers' first 2 years in the classroom, including
     regular classroom observations and feedback, and ongoing
     training and support.
       ``(2) Limitation.--The grantee shall use all grant funds
     received under this subpart to support activities related
     directly to the recruitment, selection, training, and support
     of teachers as described in paragraph (1).

[[Page H678]]

       ``(e) Reports and Evaluations.--
       ``(1) Annual report.--The grantee shall provide to the
     Secretary an annual report that includes--
       ``(A) data on the number and quality of the teachers
     provided to local educational agencies through a grant under
     this subpart;
       ``(B) an externally conducted analysis of the satisfaction
     of local educational agencies and principals with the
     teachers so provided; and
       ``(C) comprehensive data on the background of the teachers
     chosen, the training such teachers received, the placement
     sites of such teachers, the professional development of such
     teachers, and the retention of such teachers.
       ``(2) Study.--
       ``(A) In general.--From funds appropriated under section
     240, the Secretary shall provide for a study that examines
     the achievement levels of the students taught by the teachers
     assisted under this subpart.
       ``(B) Achievement gains compared.--The study shall compare,
     within the same schools, the achievement gains made by
     students taught by teachers who are assisted under this
     subpart with the achievement gains made by students taught by
     teachers who are not assisted under this subpart.
       ``(3) Requirements.--The Secretary shall provide for such a
     study not less than once every 3 years, and each such study
     shall include multiple placement sites and multiple schools
     within placement sites.
       ``(4) Peer review standards.--Each such study shall meet
     the peer review standards of the education research
     community.

  ``Subpart 5--Early Childhood Education Professional Development and
                           Career Task Force

     ``SEC. 281. PURPOSE.

       ``It is the purpose of this subpart--
       ``(1) to improve the quality of the early childhood
     education workforce by creating a statewide early childhood
     education professional development and career task force for
     early childhood education program staff, directors, and
     administrators; and
       ``(2) to create--
       ``(A) a coherent system of core competencies, pathways to
     qualifications, credentials, degrees, quality assurances,
     access, and outreach, for early childhood education program
     staff, directors, and administrators, that is linked to
     compensation commensurate with experience and qualifications;
       ``(B) articulation agreements that enable early childhood
     education professionals to transition easily among degrees;
     and
       ``(C) compensation initiatives for individuals working in
     an early childhood education program that reflect the
     individuals' credentials, degrees, and experience.

     ``SEC. 282. DEFINITION OF EARLY CHILDHOOD EDUCATION PROGRAM.

       ``In this subpart, the term `early childhood education
     program' means--
       ``(1) a family child care program, center-based child care
     program, State prekindergarten program, or school-based
     program, that--
       ``(A) provides early childhood education;
       ``(B) uses developmentally appropriate practices;
       ``(C) is licensed or regulated by the State; and
       ``(D) serves children from birth through age 5;
       ``(2) a Head Start Program carried out under the Head Start
     Act;
       ``(3) an Early Head Start Program carried out under section
     645A of the Head Start Act; or
       ``(4) a program authorized under section 619 or part C of
     the Individuals with Disabilities Education Act.

     ``SEC. 283. GRANTS AUTHORIZED.

       ``(a) In General.--The Secretary is authorized to award
     grants to States in accordance with the provisions of this
     subpart to enable such States--
       ``(1) to establish a State Task Force described in section
     284; and
       ``(2) to support activities of the State Task Force
     described in section 285.
       ``(b) Competitive Basis.--Grants under this subpart shall
     be awarded on a competitive basis.
       ``(c) Equitable Geographic Distribution.--In awarding
     grants under this subpart, the Secretary shall take into
     consideration providing an equitable geographic distribution
     of such grants.
       ``(d) Duration.--Grants under this subpart shall be awarded
     for a period of 3 years.

     ``SEC. 284. STATE TASK FORCE ESTABLISHMENT.

       ``(a) State Task Force Established.--The Governor of a
     State receiving a grant under this subpart shall establish,
     or designate an existing entity to serve as, the State Early
     Childhood Education Professional Development and Career Task
     Force (hereafter in this subpart referred to as the `State
     Task Force').
       ``(b) Membership.--The State Task Force shall include a
     representative of a State educational agency, an institution
     of higher education (including an associate or a
     baccalaureate degree granting institution of higher
     education), an early childhood education program, a nonprofit
     early childhood organization, a statewide early childhood
     workforce scholarship or supplemental initiative, and any
     other entity or individual the Governor determines
     appropriate.

     ``SEC. 285. STATE TASK FORCE ACTIVITIES.

       ``(a) Activities.--The State Task Force shall--
       ``(1) coordinate and communicate regularly with existing
     State Advisory Councils on Early Care and Education or a
     similar State entity charged with creating a comprehensive
     system of early care and education in the State (hereafter in
     this subpart referred to as `State Advisory Councils') for
     the purposes of--
       ``(A) integrating recommendations for early childhood
     professional development and career activities into the plans
     of the State Advisory Council; and
       ``(B) assisting in the implementation of professional
     development and career activities that are consistent with
     the plans described in subparagraph (A);
       ``(2) conduct a review of opportunities for and barriers to
     high quality professional development, training, and higher
     education degree programs in early childhood development and
     learning, including a periodic statewide survey concerning
     the demographics of individuals working in early childhood
     education programs in the State, which survey shall include
     information disaggregated by--
       ``(A) race, gender, and ethnicity;
       ``(B) compensation levels;
       ``(C) type of early childhood education program setting;
       ``(D) specialized knowledge of child development;
       ``(E) years of experience in an early childhood education
     program;
       ``(F) attainment of--
       ``(i) academic credit for course work;
       ``(ii) an academic degree;
       ``(iii) a credential;
       ``(iv) licensure; or
       ``(v) certification in early childhood education; and
       ``(G) specialized knowledge in the education of children
     with limited English proficiency; and
       ``(3) develop a plan for a comprehensive statewide
     professional development and career system for individuals
     working in early childhood education programs or for early
     childhood education providers, which plan shall include--
       ``(A) methods of providing outreach to early childhood
     education program staff, directors, and administrators to
     enable such individuals and providers to be aware of
     opportunities and resources under the statewide plan, which
     may include outreach to underrepresented populations in the
     profession;
       ``(B) developing a unified data collection and
     dissemination system for early childhood education training,
     professional development, and higher education programs;
       ``(C) increasing the participation of early childhood
     educators in high quality training and professional
     development by assisting in paying the costs of enrollment in
     and completion of such training and professional development
     courses;
       ``(D) increasing the participation of early childhood
     educators in postsecondary education programs leading to
     degrees in early childhood education by providing assistance
     to pay the costs of enrollment in and completion of such
     postsecondary education programs, which assistance--
       ``(i) shall only be provided to an individual who--

       ``(I) enters into an agreement under which the individual
     agrees to work, for a reasonable number of years after
     receiving such a degree, in an early childhood education
     program that is located in a low-income area; and
       ``(II) has a family income equal to or less than the
     annually adjusted national median family income as determined
     by the Bureau of the Census; and

       ``(ii) shall be provided in an amount that does not exceed
     $17,500;
       ``(E) supporting professional development activities and a
     career lattice for a variety of early childhood professional
     roles with varying professional qualifications and
     responsibilities for early childhood education personnel,
     including strategies to enhance the compensation of such
     personnel;
       ``(F) supporting articulation agreements between 2- and 4-
     year public and private institutions of higher education and
     mechanisms to transform other training, professional
     development, and experience into academic credit;
       ``(G) developing mentoring and coaching programs to support
     new educators in and directors of early childhood education
     programs;
       ``(H) providing career development advising with respect to
     the field of early childhood education, including informing
     an individual regarding--
       ``(i) entry into and continuing education requirements for
     professional roles in the field;
       ``(ii) available financial assistance; and
       ``(iii) professional development and career advancement in
     the field;
       ``(I) enhancing the quality of faculty and course work in
     postsecondary programs that lead to an associate,
     baccalaureate, or graduate degree in early childhood
     education;
       ``(J) consideration of the availability of on-line graduate
     level professional development offered by institutions of
     higher education with experience and demonstrated expertise
     in establishing programs in child development, in order to
     improve the skills and expertise of individuals working in
     early childhood education programs; and
       ``(K) developing or enhancing a system of quality assurance
     with respect to the early childhood education professional
     development and career system, including standards or
     qualifications for individuals and entities who offer
     training and professional development in early childhood
     education.
       ``(b) Public Hearings.--The State Task Force shall hold
     public hearings and provide an opportunity for public comment
     on the activities described in the statewide plan described
     in subsection (a)(3).
       ``(c) Periodic Review.--The State Task Force shall meet
     periodically to review implementation of the statewide plan
     and to recommend any changes to the statewide plan the State
     Task Force determines necessary.

     ``SEC. 286. STATE APPLICATION AND REPORT.

       ``(a) In General.--Each State desiring a grant under this
     subpart shall submit an application to the Secretary at such
     time, in such manner, and accompanied by such information as
     the Secretary may reasonably require. Each such application
     shall include a description of--

[[Page H679]]

       ``(1) the membership of the State Task Force;
       ``(2) the activities for which the grant assistance will be
     used;
       ``(3) other Federal, State, local, and private resources
     that will be available to support the activities of the State
     Task Force described in section 285;
       ``(4) the availability within the State of training,
     educator preparation, professional development, compensation
     initiatives, and career systems, related to early childhood
     education; and
       ``(5) the resources available within the State for such
     training, educator preparation, professional development,
     compensation initiatives, and career systems.
       ``(b) Report to the Secretary.--Not later than 2 years
     after receiving a grant under this subpart, a State shall
     submit a report to the Secretary that shall describe--
       ``(1) other Federal, State, local, and private resources
     that will be used in combination with a grant under this
     subpart to develop or expand the State's early childhood
     education professional development and career activities;
       ``(2) the ways in which the State Advisory Council will
     coordinate the various State and local activities that
     support the early childhood education professional
     development and career system; and
       ``(3) the ways in which the State Task Force will use funds
     provided under this subpart to carry out the activities
     described in section 285.

     ``SEC. 287. EVALUATIONS.

       ``(a) State Evaluation.--Each State receiving a grant under
     this subpart shall--
       ``(1) evaluate the activities that are assisted under this
     subpart in order to determine--
       ``(A) the effectiveness of the activities in achieving
     State goals;
       ``(B) the impact of a career lattice for individuals
     working in early childhood education programs;
       ``(C) the impact of the activities on licensing or
     regulating requirements for individuals in the field of early
     childhood development;
       ``(D) the impact of the activities, and the impact of the
     statewide plan described in section 286(a)(3), on the quality
     of education, professional development, and training related
     to early childhood education programs that are offered in the
     State;
       ``(E) the change in compensation and retention of
     individuals working in early childhood education programs
     within the State resulting from the activities; and
       ``(F) the impact of the activities on the demographic
     characteristics of individuals working in early childhood
     education programs; and
       ``(2) submit a report at the end of the grant period to the
     Secretary regarding the evaluation described in paragraph
     (1).
       ``(b) Secretary's Evaluation.--Not later than September 30,
     2013, the Secretary, in consultation with the Secretary of
     Health and Human Services, shall prepare and submit to the
     authorizing committees an evaluation of the State reports
     submitted under subsection (a)(2).''.

     SEC. 202. NATIONAL ACADEMY OF SCIENCES STUDY OF BEST
                   PRACTICES IN TEACHER PREPARATION.

       (a) In General.--The Secretary shall enter into a contract
     with the National Academy of Sciences to conduct a 2-year
     study to develop suggested best practices in teacher
     preparation for departments, schools, and colleges of
     education. Such best practices shall include recommendations
     to improve teaching skills, including skills related to
     working with diverse populations.
       (b) Best Research; Suggested Training.--The suggested best
     practices developed under subsection (a) shall reflect the
     best research into how students learn and on the content-
     specific methods shown to be effective with students,
     including examining how children learn. The suggested best
     practices shall include suggested training for general and
     special education teachers in working with diverse
     populations, utilizing the principles of universal design for
     learning, assessments in the classroom, and classroom
     management.
       (c) Collaboration.--
       (1) In general.--In conducting the study under subsection
     (a), the National Academy of Sciences shall collaborate with
     interested parties in developing the suggested best
     practices.
       (2) Interested parties.--In this subsection, the term
     ``interested parties'' means--
       (A) college presidents;
       (B) deans of arts and sciences and teacher education
     programs;
       (C) teacher preparation faculty;
       (D) chief State school officers;
       (E) school superintendents;
       (F) teacher organizations;
       (G) outstanding teachers and principals;
       (H) teacher preparation accrediting organizations;
       (I) individuals or organizations with expertise in working
     with diverse populations, including students with
     disabilities and limited English proficient students; and
       (J) other organizations with expertise in teacher
     recruitment and training.
       (d) Prohibition.--Nothing in this section shall be
     construed to authorize the National Academy of Sciences to
     recommend, or any other Federal Government entity or
     contractor to mandate, direct, control, or suggest, a
     specific curriculum for teacher education programs.

                    TITLE III--TITLE III AMENDMENTS

     SEC. 301. PROGRAM PURPOSE.

       Section 311 (20 U.S.C. 1057) is amended--
       (1) in subsection (b)--
       (A) in paragraph (1), by striking ``351'' and inserting
     ``391''; and
       (B) in paragraph (3)(F), by inserting ``, including
     services that will assist in the education of special
     populations'' before the period; and
       (2) in subsection (c)--
       (A) in paragraph (6), by inserting ``, including
     innovative, customized, instruction courses designed to help
     retain students and move the students rapidly into core
     courses and through program completion'' before the period;
       (B) by redesignating paragraphs (7) through (12) as
     paragraphs (8) through (13), respectively;
       (C) by inserting after paragraph (6) the following:
       ``(7) Education or counseling services designed to improve
     the financial literacy and economic literacy of students or
     the students' parents.'';
       (D) in paragraph (12) (as redesignated by subparagraph
     (B)), by striking ``distance learning academic instruction
     capabilities'' and inserting ``distance education
     technologies''; and
       (E) in the matter preceding subparagraph (A) of paragraph
     (13) (as redesignated by subparagraph (B)), by striking
     ``subsection (c)'' and inserting ``subsection (b) and section
     391''.

     SEC. 302. TITLE III GRANTS FOR AMERICAN INDIAN TRIBALLY
                   CONTROLLED COLLEGES AND UNIVERSITIES.

       (a) Eligible Institutions.--Section 316(b)(3) (20 U.S.C.
     1059c(b)(3)) is amended to read as follows:
       ``(3) Tribal college or university.--The term `Tribal
     College or University' means an institution that--
       ``(A) qualifies for funding under the Tribally Controlled
     College or University Assistance Act of 1978 (25 U.S.C. 1801
     et seq.) or the Navajo Community College Assistance Act (25
     U.S.C. 640a note); or
       ``(B) is cited in section 532 of the Equity in Educational
     Land Grant Status Act of 1994 (7 U.S.C. 301 note).''.
       (b) Distance Learning.--Section 316(c)(2) is amended--
       (1) by amending subparagraph (B) to read as follows:
       ``(B) construction, maintenance, renovation, and
     improvement in classrooms, libraries, laboratories, and other
     instructional facilities, including purchase or rental of
     telecommunications technology equipment or services, and the
     acquisition of real property adjacent to the campus of the
     institution on which to construct such facilities;'';
       (2) in subparagraph (C), by inserting before the semicolon
     at the end the following: ``, or advanced degrees in tribal
     governance or tribal public policy'';
       (3) in subparagraph (D), by inserting before the semicolon
     at the end the following: ``, and in tribal governance or
     tribal public policy'';
       (4) by striking ``and'' at the end of subparagraph (K);
       (5) by redesignating subparagraph (L) as subparagraph (M);
     and
       (6) by inserting after subparagraph (K) the following new
     subparagraph:
       ``(L) developing or improving facilities for Internet use
     or other distance learning academic instruction capabilities;
     and''.
       (c) Application and Allotment.--Section 316(d) is amended
     to read as follows:
       ``(d) Application and Allotment.--
       ``(1) Institutional eligibility.--To be eligible to receive
     assistance under this section, a Tribal College or University
     shall be an eligible institution under section 312(b).
       ``(2) Application.--Any Tribal College or University
     desiring to receive assistance under this section shall
     submit an application to the Secretary at such time, and in
     such manner, as the Secretary may reasonably require.
       ``(3) Minimum grant.--Notwithstanding section 399(c), the
     amount allotted to each institution under this section shall
     not be less than $500,000.
       ``(4) Special rules.--
       ``(A) Concurrent funding.--For the purposes of this part,
     no Tribal College or University that is eligible for and
     receives funds under this section shall concurrently receive
     funds under other provisions of this part or part B.
       ``(B) Exemption.--Section 313(d) shall not apply to
     institutions that are eligible to receive funds under this
     section.''.
       (d) Allotment of Remaining Funds.--Section 316 is further
     amended by adding at the end the following new subsection:
       ``(e) Allotment of Remaining Funds.--The Secretary shall
     distribute any funds appropriated to carry out this section
     for any fiscal year that remain available after the Secretary
     has awarded grants under subsection (e), to each eligible
     institution as follows:
       ``(1) 60 percent of the remaining appropriated funds shall
     be distributed among the eligible Tribal Colleges and
     Universities on a pro rata basis, based on the respective
     Indian student counts (as defined in section 2(a) of the
     Tribally Controlled College or University Assistance Act of
     1978 (25 U.S.C. 1801(a)) of the Tribal Colleges and
     Universities; and
       ``(2) the remaining 40 percent shall be distributed in
     equal shares to the eligible Tribal Colleges and
     Universities.''.

     SEC. 303. PREDOMINANTLY BLACK INSTITUTIONS.

       Part A of title III is amended by inserting after section
     317 (20 U.S.C. 1059d) the following new section:

     ``SEC. 318. PREDOMINANTLY BLACK INSTITUTIONS.

       ``(a) Purpose.--It is the purpose of this section to assist
     Predominantly Black Institutions in expanding educational
     opportunity through a program of Federal assistance.
       ``(b) Definitions.--For purposes of this section:
       ``(1) Predominantly black institution.--The term
     `Predominantly Black Institution' means an institution of
     higher education--
       ``(A) that is an eligible institution (as defined in
     paragraph (5)(A) of this subsection) with a minimum of 1,000
     undergraduate students;
       ``(B) at which at least 50 percent of the undergraduate
     students enrolled at the institution are

[[Page H680]]

     low-income individuals or first-generation college students
     (as that term is defined in section 402A(g)); and
       ``(C) at which at least 50 percent of the undergraduate
     students are enrolled in an educational program leading to a
     bachelor's or associate's degree that the institution is
     licensed to award by the State in which it is located.
       ``(2) Low-income individual.--The term `low-income
     individual' has the meaning given such term in section
     402A(g).
       ``(3) Means-tested federal benefit program.--The term
     `means-tested Federal benefit program' means a program of the
     Federal Government, other than a program under title IV, in
     which eligibility for the programs' benefits, or the amount
     of such benefits, or both, are determined on the basis of
     income or resources of the individual or family seeking the
     benefit.
       ``(4) State.--The term `State' means each of the 50 States
     and the District of Columbia.
       ``(5) Other definitions.--For purposes of this section, the
     terms defined by section 312 have the meanings provided by
     that section, except as follows:
       ``(A) Eligible institution.--
       ``(i) The term `eligible institution' means an institution
     of higher education that--

       ``(I) has an enrollment of needy undergraduate students as
     required and defined by subparagraph (B);
       ``(II) except as provided in section 392(b), the average
     educational and general expenditure of which are low, per
     full-time equivalent undergraduate student in comparison with
     the average educational and general expenditure per full-time
     equivalent undergraduate student of institutions that offer
     similar instruction;
       ``(III) has an enrollment of undergraduate students that is
     at least 40 percent Black American students;
       ``(IV) is legally authorized to provide, and provides
     within the State, an educational program for which the
     institution awards a bachelors degree, or in the case of a
     junior or community college, an associate's degree;
       ``(V) is accredited by a nationally recognized accrediting
     agency or association determined by the Secretary to be a
     reliable authority as to the quality of training offered, or
     is, according to such an agency or association, making
     reasonable progress toward accreditation; and
       ``(VI) is not receiving assistance under part B of this
     title.

       ``(ii) In awarding grants under this section the Secretary
     shall give priority to Predominantly Black Institutions with
     large numbers or percentages of students described in clause
     (i)(II) or clause (i)(III). The level of priority given to
     Predominantly Black Institutions with large numbers or
     percentages of students described in paragraph (1)(B) shall
     be twice the level of priority given to Predominantly Black
     Institutions with large numbers or percentages of students
     described in paragraph (1)(C).
       ``(B) Enrollment of needy students.--The term `enrollment
     of needy students' means the enrollment at an eligible
     institution with respect to which at least 50 percent of the
     undergraduate students enrolled in an academic program
     leading to a degree--
       ``(i) in the second fiscal year preceding the fiscal year
     for which the determination is made, were Pell Grant
     recipients in such year;
       ``(ii) come from families that receive benefits under a
     means-tested Federal benefits program (as defined in
     paragraph (3));
       ``(iii) attended a secondary school that was a high-need
     school during any year of such attendance; or
       ``(iv) are `first-generation college students' as that term
     is defined in section 402A(g), and a majority of such first-
     generation college students are low-income individuals.
       ``(c) Authorized Activities.--
       ``(1) Types of activities authorized.--Grants awarded
     pursuant to subsection (d) shall be used by Predominantly
     Black Institutions--
       ``(A) to assist the institution to plan, develop,
     undertake, and implement programs to enhance the
     institution's capacity to serve more low- and middle-income
     Black American students;
       ``(B) to expand higher education opportunities for title IV
     eligible students by encouraging college preparation and
     student persistence in secondary and postsecondary education;
     and
       ``(C) to strengthen the institution's financial ability to
     serve the academic needs of the students described in
     subparagraphs (A) and (B).
       ``(2) Authorized activities.--Grants made to an institution
     under subsection (d) shall be used for one or more of the
     following activities:
       ``(A) The activities described in section 311(c)(1) through
     (11).
       ``(B) Academic instruction in disciplines in which Black
     Americans are underrepresented.
       ``(C) Establishing or enhancing a program of teacher
     education designed to qualify students to teach in a public
     elementary or secondary school in the State that shall
     include, as part of such program, preparation for teacher
     certification.
       ``(D) Establishing community outreach programs which will
     encourage elementary and secondary students to develop the
     academic skills and the interest to pursue postsecondary
     education.
       ``(E) Other activities proposed in the application
     submitted pursuant to subsection (e) that--
       ``(i) contribute to carrying out the purposes of this
     section; and
       ``(ii) are approved by the Secretary as part of the review
     and acceptance of such application.
       ``(3) Endowment fund.--
       ``(A) In general.--A Predominantly Black Institution may
     use not more than 20 percent of the grant funds provided
     under this section to establish or increase an endowment fund
     at the institution.
       ``(B) Matching requirement.--In order to be eligible to use
     grant funds in accordance with subparagraph (A), the
     Predominantly Black Institution shall provide matching funds
     from non-Federal sources, in an amount equal to or greater
     than the Federal funds used in accordance with subparagraph
     (A), for the establishment or increase of the endowment fund.
       ``(C) Comparability.--The provisions of part C regarding
     the establishment or increase of an endowment fund, that the
     Secretary determines are not inconsistent with this
     subsection, shall apply to funds used under subparagraph (A).
       ``(4) Limitation.--Not more than 50 percent of the
     allotment of any Predominantly Black Institution may be
     available for the purpose of constructing or maintaining a
     classroom, library, laboratory, or other instructional
     facility.
       ``(d) Allotments to Predominantly Black Institutions.--
       ``(1) Allotment: pell grant basis.--From the amount
     appropriated to carry out this section for any fiscal year,
     the Secretary shall allot to each Predominantly Black
     Institution having an application approved under subsection
     (e) a sum which bears the same ratio to one-half that amount
     as the number of Pell Grant recipients in attendance at such
     institution at the end of the academic year preceding the
     beginning of that fiscal year bears to the total number of
     Pell Grant recipients at all institutions eligible under this
     section.
       ``(2) Allotment: graduates basis.--From the amount
     appropriated to carry out this section for any fiscal year,
     the Secretary shall allot to each Predominantly Black
     Institution having an application approved under subsection
     (e) a sum which bears the same ratio to one-fourth that
     amount as the number of graduates for such year at such
     institution bears to the total number of graduates for such
     year at all intuitions eligible under this section.
       ``(3) Allotment: graduates seeking a higher degree basis.--
     From the amount appropriated to carry out this section for
     any fiscal year, the Secretary shall allot to each
     Predominantly Black Institution having an application
     approved under subsection (e) a sum which bears the same
     ratio to one-fourth of that amount as the percentage of
     graduates per institution who, within 2 years of graduation
     with an associates degree or a baccalaureate degree, are
     admitted to and in attendance at, either a baccalaureate
     degree-granting institution or a graduate or professional
     school in a degree program in disciplines in which Black
     American students are underrepresented, bears to the
     percentage of such graduates per institution for all eligible
     institutions.
       ``(4) Minimum allotment.--(A) Notwithstanding paragraphs
     (1), (2), and (3) of this subsection and section 399(c), the
     amount allotted to each Predominantly Black Institution under
     this section shall not be less than $250,000.
       ``(B) If the amount appropriated pursuant to section 399
     for any fiscal year is not sufficient to pay the minimum
     allotment, the amount of such minimum allotment shall be
     ratably reduced. If additional sums become available for such
     fiscal year, such reduced allocation shall be increased on
     the same basis as it was reduced until the amount allotted
     equals the minimum allotment required by subparagraph (A).
       ``(5) Reallotment.--The amount of a Predominantly Black
     Institution's allotment under paragraph (1), (2), (3), or (4)
     for any fiscal year, which the Secretary determines will not
     be required for such institution for the period such
     allotment is available, shall be available for reallotment to
     other Predominantly Black Institutions in proportion to the
     original allotment to such other institutions under this
     section for such fiscal year. The Secretary shall reallot
     such amounts from time to time, on such date and during such
     period as the Secretary deems appropriate.
       ``(e) Applications.--No Predominantly Black Institution
     shall be entitled to its allotment of Federal funds for any
     grant under subsection (d) for any period unless the
     institution submits an application to the Secretary at such
     time, in such manner, and containing or accompanied by such
     information as the Secretary may reasonably require.
       ``(f) Application Review Process.--Section 393 shall not
     apply to applications under this section.
       ``(g) Prohibition.--No Predominantly Black Institution that
     applies for and receives a grant under this section may apply
     for or receive funds under any other program under this part
     or part B of this title.
       ``(h) Duration and Carryover.--Any funds paid to a
     Predominantly Black Institution under this section and not
     expended or used for the purposes for which the funds were
     paid within 10 years following the date of the grant awarded
     to such institution under this section shall be repaid to the
     Treasury of the United States.''.

     SEC. 304. ASSISTANCE TO ASIAN AMERICAN AND NATIVE AMERICAN
                   PACIFIC ISLANDER-SERVING INSTITUTIONS.

       Part A of title III is amended by inserting after section
     318 (as added by section 303 of this Act) the following new
     section:

     ``SEC. 319. ASIAN AMERICAN AND NATIVE AMERICAN PACIFIC
                   ISLANDER-SERVING INSTITUTIONS.

       ``(a) Program Authorized.--The Secretary shall provide
     grants and related assistance to Asian American and Native
     American Pacific Islander-serving institutions to enable such
     institutions to improve and expand their capacity to serve
     Asian Americans and Native American Pacific Islanders.
       ``(b) Definitions.--For the purpose of this section--
       ``(1) the term `Asian American' has the meaning given the
     term Asian in the Office of Management and Budget's Standards
     for Maintaining, Collecting, and Presenting Federal Data on
     Race and Ethnicity as published on October 30, 1997 (62 Fed.
     Reg. 58789);
       ``(2) the term `Native American Pacific Islander' means any
     descendant of the aboriginal

[[Page H681]]

     people of any island in the Pacific Ocean that is a territory
     or possession of the United States;
       ``(3) the term `Asian American and Native American Pacific
     Islander-serving institution' means an institution of higher
     education that--
       ``(A) is an eligible institution under section 312(b); and
       ``(B) at the time of application, has an enrollment of
     undergraduate students that is at least 10 percent Asian
     American and Native American Pacific Islander students; and
       ``(4) the term `low-income individual' means an individual
     from a family whose taxable income for the preceding year did
     not exceed 150 percent of an amount equal to the poverty
     level determined by using criteria of poverty established by
     the Bureau of the Census.
       ``(c) Authorized Activities.--
       ``(1) Types of activities authorized.--Grants awarded under
     this section shall be used by Asian American and Native
     American Pacific Islander-serving institutions to assist such
     institutions to plan, develop, undertake, and carry out
     activities to improve and expand such institutions' capacity
     to serve Asian Americans and Native American Pacific
     Islanders.
       ``(2) Examples of authorized activities.--Such programs may
     include--
       ``(A) purchase, rental, or lease of scientific or
     laboratory equipment for educational purposes, including
     instructional and research purposes;
       ``(B) renovation and improvement in classroom, library,
     laboratory, and other instructional facilities;
       ``(C) support of faculty exchanges, and faculty development
     and faculty fellowships to assist in attaining advanced
     degrees in the faculty's field of instruction;
       ``(D) curriculum development and academic instruction;
       ``(E) purchase of library books, periodicals, microfilm,
     and other educational materials;
       ``(F) funds and administrative management, and acquisition
     of equipment for use in strengthening funds management;
       ``(G) joint use of facilities such as laboratories and
     libraries;
       ``(H) academic tutoring and counseling programs and student
     support services;
       ``(I) establishing community outreach programs that will
     encourage elementary school and secondary school students to
     develop the academic skills and the interest to pursue
     postsecondary education;
       ``(J) establishing or improving an endowment fund;
       ``(K) academic instruction in disciplines in which Asian
     Americans and Native American Pacific Islanders are under-
     represented;
       ``(L) conducting research and data collection for Asian
     American and Native American Pacific Islander populations and
     sub-populations; and
       ``(M) establishing partnerships with community based
     organizations serving Asian Americans and Native American
     Pacific Islanders.
       ``(d) Application Process.--
       ``(1) Institutional eligibility.--Each Asian American and
     Native American Pacific Islander-serving institution desiring
     to receive assistance under this section shall submit to the
     Secretary such enrollment data as may be necessary to
     demonstrate that the institution is an Asian American and
     Native American Pacific Islander-serving institution as
     defined in subsection (b), along with such other information
     and data as the Secretary may by regulation require.
       ``(2) Applications.--Any institution which is determined by
     the Secretary to be an Asian American and Native American
     Pacific Islander-serving institution may submit an
     application for assistance under this section to the
     Secretary. Such application shall include--
       ``(A) a 5-year plan for improving the assistance provided
     by the Asian American and Native American Pacific Islander-
     serving institution to Asian American and Native American
     Pacific Islander students; and
       ``(B) such other information and assurance as the Secretary
     may require.
       ``(3) Special rules.--
       ``(A) Eligibility.--No Asian American and Native American
     Pacific Islander-serving institution that receives funds
     under this section shall concurrently receive funds under
     other provisions of this part or part B.
       ``(B) Exemption.--Section 313(d) shall not apply to
     institutions that are eligible to receive funds under this
     section.
       ``(C) Distribution.--In awarding grants under this section,
     the Secretary shall--
       ``(i) to the extent possible and consistent with the
     competitive process under which such grants are awarded,
     ensure maximum and equitable distribution among all eligible
     institutions; and
       ``(ii) give priority consideration to institutions that
     serve a significant percentage of Asian American and Native
     American Pacific Islander students who are low-income
     individuals.''.

     SEC. 305. NATIVE AMERICAN-SERVING, NONTRIBAL INSTITUTIONS.

       (a) Grant Program Authorized.--Part A of title III (20
     U.S.C. 1057 et seq.) is amended by adding after section 319
     (as added by section 304 of this Act) the following new
     section:

     ``SEC. 320. NATIVE AMERICAN-SERVING, NONTRIBAL INSTITUTIONS.

       ``(a) Program Authorized.--The Secretary shall provide
     grants and related assistance to Native American-serving,
     nontribal institutions to enable such institutions to improve
     and expand their capacity to serve Native Americans.
       ``(b) Definitions.--In this section:
       ``(1) Native american.--The term `Native American' means an
     individual who is of a tribe, people, or culture that is
     indigenous to the United States.
       ``(2) Native american-serving, nontribal institution.--The
     term `Native American-serving, nontribal institution' means
     an institution of higher education that, at the time of
     application--
       ``(A) has an enrollment of undergraduate students that is
     not less than 10 percent Native American students; and
       ``(B) is not a Tribal College or University (as defined in
     section 316).
       ``(c) Authorized Activities.--
       ``(1) Types of activities authorized.--Grants awarded under
     this section shall be used by Native American-serving,
     nontribal institutions to assist such institutions to plan,
     develop, undertake, and carry out activities to improve and
     expand such institutions' capacity to serve Native Americans.
       ``(2) Examples of authorized activities.--Such programs may
     include--
       ``(A) the purchase, rental, or lease of scientific or
     laboratory equipment for educational purposes, including
     instructional and research purposes;
       ``(B) renovation and improvement in classroom, library,
     laboratory, and other instructional facilities;
       ``(C) support of faculty exchanges, and faculty development
     and faculty fellowships to assist faculty in attaining
     advanced degrees in the faculty's field of instruction;
       ``(D) curriculum development and academic instruction;
       ``(E) the purchase of library books, periodicals,
     microfilm, and other educational materials;
       ``(F) funds and administrative management, and acquisition
     of equipment for use in strengthening funds management;
       ``(G) the joint use of facilities such as laboratories and
     libraries; and
       ``(H) academic tutoring and counseling programs and student
     support services.
       ``(d) Application Process.--
       ``(1) Institutional eligibility.--A Native American-
     serving, nontribal institution desiring to receive assistance
     under this section shall submit to the Secretary such
     enrollment data as may be necessary to demonstrate that the
     institution is a Native American-serving, nontribal
     institution, along with such other information and data as
     the Secretary may by regulation require.
       ``(2) Applications.--
       ``(A) Permission to submit applications.--Any institution
     that is determined by the Secretary to be a Native American-
     serving, nontribal institution may submit an application for
     assistance under this section to the Secretary.
       ``(B) Simplified and streamlined format.--The Secretary
     shall, to the extent possible, prescribe a simplified and
     streamlined format for applications under this section that
     takes into account the limited number of institutions that
     are eligible for assistance under this section.
       ``(C) Content.--An application submitted under subparagraph
     (A) shall include--
       ``(i) a 5-year plan for improving the assistance provided
     by the Native American-serving, nontribal institution to
     Native Americans; and
       ``(ii) such other information and assurances as the
     Secretary may require.
       ``(3) Special rules.--
       ``(A) Eligibility.--No Native American-serving, nontribal
     institution that receives funds under this section shall
     concurrently receive funds under other provisions of this
     part or part B.
       ``(B) Exemption.--Section 313(d) shall not apply to
     institutions that are eligible to receive funds under this
     section.
       ``(C) Distribution.--In awarding grants under this section,
     the Secretary shall, to the extent possible and consistent
     with the competitive process under which such grants are
     awarded, ensure maximum and equitable distribution among all
     eligible institutions.''.

     SEC. 306. STRENGTHENING HISTORICALLY BLACK COLLEGES AND
                   UNIVERSITIES.

       (a) Definitions.--Section 322(4) (20 U.S.C. 1061(4)) is
     amended by inserting after ``the Secretary'' the following:
     ``, in consultation with the Commissioner of the National
     Center for Education Statistics,''.
       (b) Authorized Activities.--Section 323(a) (20 U.S.C.
     1062(a)) is amended--
       (1) by redesignating paragraph (12) as paragraph (15); and
       (2) by inserting after paragraph (11) the following new
     paragraphs:
       ``(12) Acquisition of real property in connection with the
     construction, renovation, or addition to or improvement of
     campus facilities.
       ``(13) Education or financial information designed to
     improve the financial literacy and economic literacy of
     students or the students' parents, especially with regard to
     student indebtedness and student assistance programs under
     the title IV.
       ``(14) Technical assistance or services necessary for the
     implementation of projects or activities that are described
     in the grant application and that are approved, in advance,
     by the Secretary, except that not more than two percent of
     the grant amount may be used for this purpose.''.
       (c) Allotments.--
       (1) Minimum allotment.--Subsection (d) of section 324 (20
     U.S.C. 1063(d)) is amended to read as follows:
       ``(d) Minimum Allotment.--(1) If an otherwise eligible part
     B institution did not enroll any Pell Grant recipients, or
     did not graduate any students in the previous academic year,
     or where appropriate, send any such graduates on to graduate
     or first-professional degree study, the institution shall not
     receive a grant under this part.
       ``(2) If the data provided by an eligible institution,
     pursuant to this section, is insufficient to justify an award
     in excess of $500,000, the otherwise eligible institution
     shall receive an allotment of $500,000, except that the
     Secretary shall not make an award of $500,000 if the amount
     determined based upon the formulas using subsection (b), (c),
     and (d) would be less than $250,000. If the amount determined
     by the

[[Page H682]]

     formula would be less than $250,000, the Secretary shall
     award the minimum allotment of $250,000.''.
       (2) Condition for allotments.--Section 324 (20 U.S.C. 1063)
     is further amended by adding at the end the following new
     subsection:
       ``(h) Conditions for Allotments.--No institution shall
     receive an allotment under this section unless the
     institution provides data, required by the Secretary
     consistent with the formula in subsections (a) through (c),
     including the number of Pell Grant recipients enrolled in the
     previous award year; the number of students who earned an
     associate or baccalaureate degree in the previous academic
     year; and, when appropriate, the percentage of graduates who,
     within the past five years, enrolled in a graduate or first-
     professional degree program. No institution shall receive an
     allotment, including the minimum allotment under subsection
     (d), unless the institution provides the data required of
     that institution by the Secretary.''.
       (d) Professional or Graduate Institutions.--
       (1) Duration of grant.--Section 326(b) (20 U.S.C. 1063b(b))
     is amended by adding at the end the following new sentence:
     ``Any funds awarded for such five-year grant period that are
     obligated during such five-year period may be expended during
     the 10-year period beginning on the first day of such five-
     year period.''.
       (2) Authorized activities.--Section 326(c) (20 U.S.C.
     1063b(c)) is amended--
       (A) by striking ``and'' at the end of paragraph (6);
       (B) by striking the period at the end of paragraph (7) and
     inserting a semicolon; and
       (C) by adding at the end the following new paragraphs:
       ``(8) acquisition of real property in connection with the
     construction, renovation, or addition to or improvement of
     campus facilities;
       ``(9) education or financial information designed to
     improve the financial literacy and economic literacy of
     students or the students' parents, especially with regard to
     student indebtedness and student assistance programs under
     the title IV; and
       ``(10) technical assistance or services necessary for the
     implementation of projects or activities that are described
     in the grant application and that are approved, in advance,
     by the Secretary, except that not more than two percent of
     the grant amount may be used for this purpose.''.
       (3) Eligibility.--Section 326(e)(1) (20 U.S.C. 1063b(e)(1))
     is amended--
       (A) by striking ``and'' at the end of subparagraph (Q);
       (B) by striking the period at the end of subparagraph (R)
     and inserting a semicolon; and
       (C) by adding at the end the following new subparagraphs:
       ``(S) Alabama State University qualified graduate programs;
       ``(T) Bowie State University qualified graduate programs;
       ``(U) Delaware State University qualified graduate
     programs;
       ``(V) Langston University qualified graduate programs;
       ``(W) Prairie View A&M University qualified graduate
     programs; and
       ``(X) University of the District of Columbia David A.
     Clarke School of Law.''.
       (4) Conforming amendment.--Section 326(e)(3) (20 U.S.C.
     1063b(e)(3)) is amended--
       (A) by striking ``1998'' and inserting ``2008''; and
       (B) by striking ``(Q) and (R)'' and inserting ``(S) through
     (X)''.
       (5) Preservation of funding.--Section 326(f) (20 U.S.C.
     1063b(f)) is amended--
       (A) in paragraph (1)--
       (i) by striking ``$26,600,000'' and inserting
     ``$54,500,000''; and
       (ii) by striking ``(P)'' and inserting ``(R)'';
       (B) in paragraph (2)--
       (i) by striking ``$26,600,000, but not in excess of
     $28,600,000'' and inserting ``$54,500,000, but not in excess
     of $60,500,000''; and
       (ii) by striking ``subparagraphs (Q) and (R)'' and
     inserting ``subparagraphs (S) through (X)''; and
       (C) in paragraph (3)--
       (i) by striking ``$28,600,000'' and inserting
     ``$60,500,000''; and
       (ii) by striking ``(R)'' and inserting ``(X)''.
       (e) Unexpended Funds.--Section 327(b) (20 U.S.C. 1063c(b))
     is amended to read as follows:
       ``(b) Use of Unexpended Funds.--Any funds paid to an
     institution and not expended or used for the purposes for
     which the funds were paid during the five-year period
     following the date of the initial grant award, may be carried
     over and expended during the succeeding five-year period, if
     such funds were obligated for a purpose for which the funds
     were paid during the five-year period following the date of
     the initial grant award.''.

     SEC. 307. ENDOWMENT CHALLENGE GRANTS.

       (a) Amounts.--Section 331(b) (20 U.S.C. 1065(b)) is
     amended--
       (1) in paragraph (2)(B)(i), by striking ``$500,000'' and
     inserting ``$1,000,000''; and
       (2) in paragraph (5), by striking ``$50,000'' and inserting
     ``$100,000''.
       (b) Technical Assistance.--Section 331 (20 U.S.C. 1065) is
     further amended by adding at the end the following new
     subsection:
       ``(l) Technical Assistance.--The Secretary, directly or by
     grant or contract, may provide technical assistance to
     eligible institutions to prepare the institutions to qualify,
     apply for, and maintain a grant, under this section.''.

     SEC. 308. LIMITATIONS ON FEDERAL INSURANCE FOR BONDS ISSUED
                   BY THE DESIGNATED BONDING AUTHORITY.

        Section 344(a) (20 U.S.C. 1066c(a)) is amended--
       (1) by striking ``$375,000,000'' and inserting
     ``$1,100,000,000'';
       (2) by striking ``$250,000,000'' and inserting
     ``$733,333,333''; and
       (3) by striking ``$125,000,000'' and inserting
     ``$366,666,666''.

     SEC. 309. PROGRAMS IN STEM FIELDS.

       (a) YES Partnerships; Entry Into STEM Fields.--Part E of
     title III (20 U.S.C.1067 et seq.) is amended--
       (1) by redesignating subpart 2 as subpart 3; and
       (2) by inserting after subpart 1 the following new subpart:

                  ``Subpart 2--Programs in STEM Fields

     ``SEC. 355. YES PARTNERSHIPS GRANT PROGRAM.

       ``(a) Grant Program Authorized.--Subject to the
     availability of appropriations to carry out this subpart, the
     Secretary shall make grants to eligible partnerships (as
     described in subsection (f)) to support underrepresented
     minority youth engagement in science, technology,
     engineering, and mathematics through outreach and hands-on,
     experiential-based learning projects that encourage
     underrepresented minority students in kindergarten through
     grade 12 to pursue careers in science, technology,
     engineering, and mathematics.
       ``(b) Minimum Grant Amount.--A grant awarded to a
     partnership under this subpart shall be for an amount that is
     not less than $500,000.
       ``(c) Duration.--A grant awarded under this subpart shall
     be for a period of 5 years.
       ``(d) Non-Federal Matching Share Required.--A partnership
     receiving a grant under this subpart shall provide, from non-
     Federal sources, in cash or in kind, an amount equal to 50
     percent of the costs of the project supported by such grant.
       ``(e) Distribution of Grants.--In awarding grants under
     this subpart, the Secretary shall ensure that, to the maximum
     extent practicable, the projects funded under this subpart
     are located in diverse geographic regions of the United
     States.
       ``(f) Eligible Partnerships.--Notwithstanding the general
     eligibility provision in section 361, eligibility to receive
     grants under this subpart is limited to partnerships
     described in paragraph (5) of such section.

     ``SEC. 356. PROMOTION OF ENTRY INTO STEM FIELDS.

       ``(a) Authority To Contract, Subject to Appropriations.--
     The Secretary of Education is authorized to enter into a
     contract with a firm with a demonstrated record of success in
     advertising to implement a campaign to expand the population
     of qualified individuals in science, technology, engineering,
     and math (STEM) fields by encouraging young Americans to
     enter the those fields.
       ``(b) Design of Campaign.--Such a campaign shall be
     designed to enhance the image of education and professions in
     the STEM fields and promote participation in the STEM fields
     and shall include--
       ``(1) monitoring trends in youth attitudes toward pursuing
     education and professions in the STEM fields and their
     propensity toward entering the STEM fields;
       ``(2) determining what factors contribute to encouraging
     and discouraging Americans from pursuing study in STEM fields
     and entering the STEM fields professionally;
       ``(3) determining what specific factors limit the
     participation of groups currently underrepresented in STEM
     fields, including Latinos, African-Americans, and women; and
       ``(4) drawing from the market research performed under this
     section and implementing an advertising campaign to encourage
     young Americans to take up studies in STEM fields, beginning
     at an early age.
       ``(c) Required Components.--Such a campaign shall include
     components that focus tailored messages on appropriate age
     groups, starting with elementary school students. Such a
     campaign shall link participation in the STEM fields to the
     concept of service to one's country, so that young people
     will be encouraged to enter the STEM fields in order fulfill
     the obligation to be of service to their country.
       ``(d) Priority.--Such a campaign shall hold as a high
     priority making specific appeals to Latinos, African-
     Americans, and women, who are currently under-represented in
     the STEM fields, in order to increase their numbers in the
     STEM fields, and shall tailor recruitment efforts to each
     specific group.
       ``(e) Use of Variety of Media.--Such a campaign shall make
     use of a variety of media, with an emphasis on television
     advertising, to reach its intended audience.
       ``(f) Teaching.--Such a campaign shall include a narrowly
     focused effort to attract current professionals in the STEM
     fields, through advertising in mediums likely to reach that
     specific group, into teaching in a STEM field in elementary
     and secondary school.

     ``SEC. 357. EVALUATION AND ACCOUNTABILITY PLAN.

       ``The Secretary shall develop an evaluation and
     accountability plan for projects funded under this subpart to
     objectively measure the impact of such projects, including a
     measure of whether underrepresented minority student
     enrollment in courses related to science, technology,
     engineering, and mathematics increases at the secondary and
     postsecondary levels.''.
       (b) Eligibility for Grants.--Section 361 (20 U.S.C. 1067g)
     is amended--
       (1) by striking ``or'' at the end of paragraph (3);
       (2) in paragraph (4)--
       (A) by inserting ``to include public institutions of higher
     education'' after ``organizations,'';
       (B) by striking ``or'' at the end of subparagraph (D);
       (C) by striking the period at the end of subparagraph (E)
     and inserting ``; or'';
       (D) by adding at the end the following new subparagraph:

[[Page H683]]

       ``(F) institutions of higher education which have State-
     approved centers for research in science, technology,
     engineering, and mathematics; or'';
       (3) by adding at the end the following new paragraph:
       ``(5) only with respect to grants under subpart 2,
     partnerships of organizations, the membership of which shall
     include--
       ``(A) at least one institution of higher education eligible
     for assistance under this title or title V;
       ``(B) at least one high need local educational agency (as
     defined in section 200); and
       ``(C) at least two community organizations or entities,
     such as businesses, professional associations, community-
     based organizations, philanthropic organizations, or State
     agencies.''.

     SEC. 310. TECHNICAL ASSISTANCE.

       Section 391 (20 U.S.C. 1068) is amended by adding at the
     end the following new subsection:
       ``(e) Technical Assistance.--The Secretary, directly or by
     grant or contract, may provide technical assistance to
     eligible institutions to prepare the institutions to qualify,
     apply for, and maintain a grant, under this title.''.

     SEC. 311. WAIVER AUTHORITY.

       (a) Section 392 (20 U.S.C. 1068a) is amended by adding at
     the end the following new subsection:
       ``(c) Waiver Authority With Respect to Institutions Located
     in an Area Affected by a Gulf Hurricane Disaster.--
       ``(1) Waiver authority.--Notwithstanding any other
     provision of the law unless enacted with specific reference
     to this section, for any affected institution that was
     receiving assistance under this title at the time of a Gulf
     hurricane disaster, the Secretary shall, for each of the
     fiscal years 2009 through 2013--
       ``(A) waive--
       ``(i) the eligibility data requirements set forth in
     section 391(d);
       ``(ii) the wait-out period set forth in section 313(d);
       ``(iii) the allotment requirements under section 324; and
       ``(iv) the use of the funding formula developed pursuant to
     section 326(f)(3); and
       ``(B) waive or modify any statutory or regulatory provision
     to ensure that affected institutions that were receiving
     assistance under this title at the time of a Gulf hurricane
     disaster are not adversely impacted by any formula
     calculation for fiscal year 2009 or for any of the 4
     succeeding fiscal years;
       ``(C) make available to each affected institution an amount
     that is not less than the amount made available to such
     institution under this title for fiscal year 2006.
       ``(2) Definitions.--In this subsection:
       ``(A) Affected institution.--The term `affected
     institution' means an institution of higher education that--
       ``(i) is--

       ``(I) a part A institution, as such term is defined in
     section 312(b);
       ``(II) an American Indian Tribal College or University, as
     such term is defined in section 316(b);
       ``(III) an Alaskan Native-serving institution or Native
     Hawaiian-serving institution, as such terms are defined in
     section 317(b); or
       ``(IV) a part B institution, as such term is defined in
     section 322(2), or as identified in section 326(e) of such
     Act of 1965 (20 U.S.C. 1063(b));

       ``(ii) is located in an area affected by a Gulf hurricane
     disaster; and
       ``(iii) is able to demonstrate that, as a result of the
     impact of a Gulf hurricane disaster, the institution--

       ``(I) incurred physical damage;
       ``(II) has pursued collateral source compensation from
     insurance, the Federal Emergency Management Agency, and the
     Small Business Administration, as appropriate; and
       ``(III) was not able to fully reopen in existing facilities
     or to fully reopen to the pre-hurricane enrollment levels
     during the 30-day period beginning on August 29, 2005.

       ``(B) 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).''.

     SEC. 312. AUTHORIZATION OF APPROPRIATIONS.

       (a) Authorizations.--Section 399(a) (20 U.S.C. 1068h(a)) is
     amended to read as follows:
       ``(a) Authorizations.--
       ``(1) Part a.--(A) There are authorized to be appropriated
     to carry out part A, $150,000,000 (other than sections 316
     through 320) for fiscal year 2009, and such sums as may be
     necessary for each of the 4 succeeding fiscal years.
       ``(B) There are authorized to be appropriated to carry out
     section 316, $30,000,000 for fiscal year 2009 and such sums
     as may be necessary for each of the 4 succeeding fiscal
     years.
       ``(C) There are authorized to be appropriated to carry out
     section 317, $15,000,000 for fiscal year 2009 and such sums
     as may be necessary for each of the 4 succeeding fiscal
     years.
       ``(D) There are authorized to be appropriated to carry out
     section 318, $75,000,000 for fiscal year 2009 and such sums
     as may be necessary for each of the 4 succeeding fiscal
     years.
       ``(E) There are authorized to be appropriated to carry out
     section 319, $30,000,000 for fiscal year 2009 and such sums
     as may be necessary for each of the 4 succeeding fiscal
     years.
       ``(F) There are authorized to be appropriated to carry out
     section 320, $25,000,000 for fiscal year 2009 and such sums
     as may be necessary for each of the 4 succeeding fiscal
     years.
       ``(2) Part b.--(A) There are authorized to be appropriated
     to carry out part B (other than section 326), $300,000,000
     for fiscal year 2009, and such sums as may be necessary for
     each of the 4 succeeding fiscal years.
       ``(B) There are authorized to be appropriated to carry out
     section 326, $100,000,000 for fiscal year 2009, and such sums
     as may be necessary for each of the 4 succeeding fiscal
     years.
       ``(3) Part c.--There are authorized to be appropriated to
     carry out part C, $20,000,000 for fiscal year 2009, and such
     sums as may be necessary for each of the 4 succeeding fiscal
     years.
       ``(4) Part d.--(A) There are authorized to be appropriated
     to carry out part D (other than section 345(7), but including
     section 347), $150,000 for fiscal year 2009, and such sums as
     may be necessary for each of the 4 succeeding fiscal years.
       ``(B) There are authorized to be appropriated to carry out
     section 345(7), such sums as may be necessary for fiscal year
     2009 and each of the 4 succeeding fiscal years.
       ``(5) Part e.--(A) There are authorized to be appropriated
     to carry out subpart 1 of part E, $12,000,000 for fiscal year
     2009 and such sums as may be necessary for each of the 4
     succeeding fiscal years.
       ``(B) There are authorized to be appropriated to carry out
     subpart 2 of part E, $10,000,000 for fiscal year 2009 and
     such sums as may be necessary for each of the 4 succeeding
     fiscal years.''.
       (b) Minimum Grant Amount.--Section 399 (20 U.S.C. 1068h) is
     amended by adding at the end the following:
       ``(c) Minimum Grant Amount.--The minimum amount of a grant
     under this title shall be $200,000.''.

     SEC. 313. TECHNICAL CORRECTIONS.

       (a) Amendments.--Title III (20 U.S.C. 1051 et seq.) is
     further amended--
       (1) in section 342(5)(C) (20 U.S.C. 1066a(5)(C)), by
     striking ``,,'' and inserting ``,'';
       (2) in section 343(e) (20 U.S.C. 1066b(e)), by inserting
     ``Sale of Qualified Bonds.--'' before ``Notwithstanding'';
       (3) in the matter preceding clause (i) of section 365(9)(A)
     (20 U.S.C. 1067k(9)(A)), by striking ``support'' and
     inserting ``supports'';
       (4) in section 391(b)(7)(E) (20 U.S.C. 1068(b)(7)(E)), by
     striking ``subparagraph (E)'' and inserting ``subparagraph
     (D)'';
       (5) in the matter preceding subparagraph (A) of section
     392(b)(2) (20 U.S.C. 1068a(b)(2)), by striking ``eligible
     institutions under part A institutions'' and inserting
     ``eligible institutions under part A''; and
       (6) in the matter preceding paragraph (1) of section 396
     (20 U.S.C. 1068e), by striking ``360'' and inserting ``399''.
       (b) Redesignation and Relocation.--The Higher Education Act
     of 1965 is further amended--
       (1) by redesignating part J of title IV (as added by
     section 802 of the College Cost Reduction and Access Act) as
     part G of title III, and moving such part from the end of
     title IV to the end of title III; and
       (2) by redesignating section 499A (as added by such
     section) as section 399A.

                     TITLE IV--TITLE IV AMENDMENTS

                       PART A--PART A AMENDMENTS

     SEC. 401. FEDERAL PELL GRANTS.

       (a) Authorized Maximums.--Section 401(b)(2)(A) (20 U.S.C.
     1070a(b)(2)(A)) is amended to read as follows:
       ``(2)(A) The amount of the Federal Pell Grant for a student
     eligible under this part shall be $9,000 for each of the
     academic years 2009-2010 through 2013-2014, less an amount
     equal to the amount determined to be the expected family
     contribution with respect to that student for that year.''.
       (b) Multiple Grants.--
       (1) Amendment.--Paragraph (5) of section 401(b) is amended
     to read as follows:
       ``(5) Year-round pell grants.--The Secretary shall, for
     students enrolled in a baccalaureate degree, associate's
     degree, or certificate program of study at an eligible
     institution, award such students not more than two Pell
     grants during an award year to permit such students to
     accelerate progress toward their degree or certificate
     objectives by enrolling in courses for more than 2 semesters,
     or 3 quarters, or the equivalent, in a given academic
     year.''.
       (2) Effective date.--The amendment made by paragraph (1)
     shall be effective July 1, 2009.
       (c) Ineligibility Based on Involuntary Civil Commitment for
     Sexual Offenses.--Paragraph (7) of section 401(b) (as
     redesignated by section 101(a) of the College Cost Reduction
     and Access Act) is amended by inserting before the period the
     following: ``or who is subject to an involuntary civil
     commitment upon completion of a period of incarceration for a
     forcible or nonforcible sexual offense (as determined in
     accordance with the Federal Bureau of Investigation's Uniform
     Crime Reporting Program)''.
       (d) Technical Amendment to CCRAA.--Section 401(b)(9)(F) is
     amended by striking ``remain available'' and all that follows
     and inserting ``remain available for the fiscal year
     succeeding the fiscal year for which such amounts are made
     available.''.
       (e) Maximum Duration of Eligibility.--Section 401(c) is
     amended by adding at the end the following new paragraph:
       ``(5) The period during which a student may receive Federal
     Pell Grants shall not exceed the equivalent of 18 semesters
     or 27 quarters in duration, as determined by the Secretary by
     regulation. Such regulations shall provide, with respect to a
     student who received a Federal Pell Grant for a semester or
     quarter but was enrolled at a fraction of full-time, that
     only that same fraction of such semester or quarter shall
     count towards such duration limits. The provisions of this
     paragraph shall apply only to a student who receives a
     Federal Pell Grant for the first time on or after July 1,
     2008.''.
       (f) Academic Competitiveness Grants.--Section 401A (as
     amended by section 8003 of Public Law 109-171)--
       (1) in subsection (b), by striking ``academic'' each place
     it appears;

[[Page H684]]

       (2) in subsection (c)--
       (A) in the matter preceding paragraph (1)--
       (i) by striking ``academic'' and inserting ``award''; and
       (ii) by striking ``full-time''; and
       (B) by amending paragraph (1) to read as follows:
       ``(1) is an eligible student under section 484, including
     being enrolled or accepted for enrollment in a degree,
     certificate, or other eligible program leading to a
     recognized educational credential at an institution of higher
     education;''; and
       (C) in paragraph (3)--
       (i) by striking ``academic'' each place it appears;
       (ii) by striking ``established by a State or local
     educational agency and recognized as such by the Secretary''
     each place it appears in subparagraphs (A)(i) and (B)(i) and
     inserting ``that prepares students for college and work
     beyond the basic graduation requirements and that is
     recognized as such by the designated State official, or with
     respect to any private school or home school, the designated
     school official for such school, consistent with State law'';
       (iii) in subparagraph (A)(ii), by inserting ``, except as
     part of a secondary school program of study'' before the
     semicolon;
       (iv) in subparagraph (C)--

       (I) by striking clause (i)(II) and inserting the following:
       ``(II) a critical foreign language; and''; and

       (II) in clause (ii), by striking the period at the end and
     inserting ``; and''; and

       (v) by adding at the end the following:
       ``(D) the third or fourth year of a program of
     undergraduate education at an institution of higher education
     (as defined in section 101(a)) that demonstrates, to the
     satisfaction of the Secretary, that the institution--
       ``(i) offers a single liberal arts curriculum leading to a
     baccalaureate degree, under which students are not permitted
     by the institution to declare a major in a particular subject
     area, and those students--

       ``(I) study, in such years, a subject described in
     subparagraph (C)(i) that is at least equal to the
     requirements for an academic major at an institution of
     higher education that offers a baccalaureate degree in such
     subject, as certified by an appropriate official from the
     institution; or
       ``(II) has obtained a cumulative grade point average of at
     least 3.0 (or the equivalent as determined under regulations
     prescribed by the Secretary) in the relevant coursework; and

       ``(ii) offered such curriculum prior to February 8,
     2006.'';
       (3) in subsection (d)--
       (A) in paragraph (1)(A)--
       (i) in clause (i), by inserting ``for one academic year
     during the student's first year of enrollment'' after
     ``$750'';
       (ii) in clause (ii), by inserting ``for one academic year
     during the student's second year of enrollment'' after
     ``$1,300''; and
       (iii) in clause (iii)--

       (I) by inserting ``for one academic year'' after
     ``$4,000''; and
       (II) by striking ``subsection (c)(3)(C).'' and inserting
     ``subparagraph (C) or (D) of subsection (c)(3), for each of
     the 2 years described in such subparagraphs; or'';

       (B) in paragraph (2)--
       (i) in subparagraph (A)--

       (I) by striking ``an academic'' and inserting ``a''; and
       (II) by striking ``(B), or (C)'' and inserting ``(B), (C),
     or (D)''; and

       (ii) in subparagraph (B)--

       (I) by striking ``or'' at the end of clause (ii); and
       (II) by striking clause (iii) and inserting the following:

       ``(iii) two academic years under subsection (c)(3)(C); or
       ``(iv) two academic years under subsection (c)(3)(D).'';
     and
       (C) by adding at the end the following new paragraph:
       ``(3) Adjustment for less than full-time enrollment.--A
     grant awarded under this section to an eligible student who
     attends an eligible institution on a less than full-time (but
     at least half-time or more) basis shall be reduced in the
     same proportion as would a Federal Pell Grant pursuant to
     section 401(b)(2)(B).''; and
       (4) in subsection (g), by striking ``academic'' and
     inserting ``award''.

     SEC. 402. FEDERAL TRIO PROGRAMS.

       (a) Program Authority; Authorization of Appropriations.--
     Section 402A (20 U.S.C. 1070a-11) is amended--
       (1) in subsection (b)--
       (A) in paragraph (1)--
       (i) by inserting ``community-based organizations with
     experience in serving disadvantaged youth'' after ``private
     agencies and organizations''; and
       (ii) by striking ``in exceptional circumstances,'';
       (B) in paragraph (2)--
       (i) in the matter preceding subparagraph (A), by striking
     ``4'' and inserting ``5'';
       (ii) by striking subparagraph (A); and
       (iii) by redesignating subparagraphs (B) and (C) as
     subparagraphs (A) and (B), respectively; and
       (C) by striking paragraph (3) and inserting the following:
       ``(3) Minimum grants.--Unless the institution or agency
     requests a smaller amount, an individual grant authorized
     under this chapter shall be awarded in an amount that is not
     less than $200,000, except that an individual grant
     authorized under section 402G shall be awarded in an amount
     that is not less than $170,000.'';
       (2) in subsection (c)--
       (A) in paragraph (2), by striking ``service delivery'' and
     inserting ``high quality service delivery, as determined
     under subsection (f),'';
       (B) in paragraph (3)(B), by striking ``is not required to''
     and inserting ``shall not'';
       (C) in paragraph (5), by striking ``campuses'' and
     inserting ``different campuses''; and
       (D) in paragraph (6), by adding at the end the following
     new sentence: ``The Secretary shall require each applicant
     for funds under the programs authorized by this chapter to
     identify services to foster care youth as a permissible
     service in those programs, and to ensure that such youth
     receive supportive services, including mentoring, tutoring,
     and other services provided by those programs.'';
       (3) in subsection (e)--
       (A) by striking ``(g)(2)'' each place it appears and
     inserting ``(h)(4)''; and
       (B) by adding at the end the following new paragraph:
       ``(3) Notwithstanding this subsection and subsection
     (i)(4), individuals who are homeless or unaccompanied youth
     as defined in section 725 of the McKinney-Vento Homeless
     Assistance Act shall be eligible to participate in programs
     under sections 402B, 402C, 402D, and 402F of this chapter.'';
       (4) by redesignating subsections (f) and (g) as subsections
     (g) and (h), respectively;
       (5) by inserting after subsection (e) the following:
       ``(f) Outcome Criteria.--
       ``(1) Use for prior experience determination.--The
     Secretary shall use the outcome criteria described in
     paragraphs (2) and (3) to evaluate the programs provided by a
     recipient of a grant under this chapter, and the Secretary
     shall determine an eligible entity's prior experience of high
     quality service delivery, as required under subsection
     (c)(2), based on the outcome criteria.
       ``(2) Disaggregation of relevant data.--The outcome
     criteria under this subsection shall be disaggregated by low-
     income students, first generation college students, and
     individuals with disabilities, in the schools and
     institutions of higher education served by the program to be
     evaluated.
       ``(3) Contents of outcome criteria.--The outcome criteria
     under this subsection shall measure, annually and for longer
     periods, the quality and effectiveness of programs authorized
     under this chapter and shall include the following:
       ``(A) For programs authorized under section 402B, the
     extent to which the eligible entity met or exceeded the
     entity's objectives established in the entity's application
     for such program regarding--
       ``(i) the delivery of service to a total number of students
     served by the program;
       ``(ii) the continued secondary school enrollment of such
     students;
       ``(iii) the graduation of such students from secondary
     school;
       ``(iv) the completion by such students of a rigorous
     secondary school program of study that will make them
     eligible for programs such as the Academic Competitiveness
     Grants; and
       ``(v) the enrollment of such students in an institution of
     higher education.
       ``(B) For programs authorized under section 402C, the
     extent to which the eligible entity met or exceeded the
     entity's objectives for such program regarding--
       ``(i) the delivery of service to a total number of students
     served by the program, as agreed upon by the entity and the
     Secretary for the period;
       ``(ii) such students' school performance, as measured by
     the grade point average, or its equivalent;
       ``(iii) such students' academic performance, as measured by
     standardized tests, including tests required by the students'
     State;
       ``(iv) the retention in, and graduation from, secondary
     school of such students;
       ``(v) the completion by such students of a rigorous
     secondary school program of study that will make them
     eligible for programs such as the Academic Competitiveness
     Grants; and
       ``(vi) the enrollment of such students in an institution of
     higher education.
       ``(C) For programs authorized under section 402D--
       ``(i) the extent to which the eligible entity met or
     exceeded the entity's objectives regarding the retention in
     postsecondary education of the students served by the
     program;
       ``(ii)(I) in the case of an entity that is an institution
     of higher education offering a baccalaureate degree, the
     extent to which the percentage of students served by the
     program who completed degree programs met or exceeded the
     entity's objectives; or
       ``(II) in the case of an entity that is an institution of
     higher education that does not offer a baccalaureate degree,
     the extent to which the students served by the entity met or
     exceeded s objectives regarding--

       ``(aa) the completion of a degree or certificate; and
       ``(bb) the transfer to institutions of higher education
     that offer baccalaureate degrees;

       ``(iii) the extent to which the entity met or exceeded the
     entity's objectives regarding the delivery of service to a
     total number of students, as agreed upon by the entity and
     the Secretary for the period; and
       ``(iv) the extent to which the entity met or exceeded the
     entity's objectives regarding such students remaining in good
     academic standing.
       ``(D) For programs authorized under section 402E, the
     extent to which the entity met or exceeded the entity's
     objectives for such program regarding--
       ``(i) the delivery of service to a total number of
     students, as agreed upon by the entity and the Secretary for
     the period;
       ``(ii) the provision of appropriate scholarly and research
     activities for the students served by the program;
       ``(iii) the acceptance and enrollment of such students in
     graduate programs; and

[[Page H685]]

       ``(iv) the continued enrollment of such students in
     graduate study and the attainment of doctoral degrees by
     former program participants.
       ``(E) For programs authorized under section 402F, the
     extent to which the entity met or exceeded the entity's
     objectives for such program regarding--
       ``(i) the enrollment of students without a secondary school
     diploma or its recognized equivalent, who were served by the
     program, in programs leading to such diploma or equivalent;
       ``(ii) the enrollment of secondary school graduates who
     were served by the program in programs of postsecondary
     education;
       ``(iii) the delivery of service to a total number of
     students, as agreed upon by the entity and the Secretary for
     the period; and
       ``(iv) the provision of assistance to students served by
     the program in completing financial aid applications and
     college admission applications.
       ``(4) Measurement of progress.--In order to determine the
     extent to which an outcome criterion described in paragraph
     (2) or (3) is met or exceeded, the Secretary shall compare
     the agreed upon target for the criterion, as established in
     the eligible entity's application approved for funding by the
     Secretary, with the results for the criterion, measured as of
     the last day of the applicable time period for the
     determination for each outcome criteria.
       ``(5) Appeals.--Upon determination by the Secretary not to
     accept an application, or upon determination by the Secretary
     through the peer review process as specified in (c)(4) not to
     fund an application, for any program under this chapter, the
     Secretary shall allow such applicant to appeal to an
     administrative law judge that the Secretary improperly
     rejected or improperly scored the evaluation criteria points.
     The Secretary shall notify each entity requesting assistance
     under this chapter regarding the status of their application
     at least 90 days prior to the startup date of such
     program.'';
       (6) in subsection (g) (as redesignated by paragraph (4))--
       (A) in the first sentence, by striking ``$700,000,000 for
     fiscal year 1999'' and all that follows through the period
     and inserting ``$950,000,000 for fiscal year 2009 and such
     sums for each of the 4 succeeding fiscal years.''; and
       (B) by striking the fourth sentence; and
       (7) in subsection (h) (as redesignated by paragraph (4))--
       (A) by redesignating paragraphs (1) through (4) as
     paragraphs (3) through (6), respectively;
       (B) by inserting before paragraph (3) (as redesignated by
     subparagraph (A)) the following:
       ``(1) Different campus.--The term `different campus' means
     a site of an institution of higher education that--
       ``(A) is geographically apart from the main campus of the
     institution;
       ``(B) is permanent in nature; and
       ``(C) offers courses in educational programs leading to a
     degree, certificate, or other recognized educational
     credential.
       ``(2) Different population.--The term `different
     population' means a group of individuals that an eligible
     entity desires to serve through an application for a grant
     under this chapter, and that--
       ``(A) is separate and distinct from any other population
     that the entity has applied for a grant under this chapter to
     serve; or
       ``(B) while sharing some of the same needs as another
     population that the eligible entity has applied for a grant
     under this chapter to serve, has distinct needs for
     specialized services.'';
       (C) in paragraph (5) (as redesignated by subparagraph
     (A))--
       (i) in subparagraph (A)--

       (I) by striking ``, any part of which occurred after
     January 31, 1955,''; and
       (II) by striking ``or'' after the semicolon;

       (ii) in subparagraph (B)--

       (I) by striking ``after January 31, 1955,''; and
       (II) by striking the period at the end and inserting a
     semicolon; and

       (iii) by adding at the end the following:
       ``(C) was a member of a reserve component of the Armed
     forces called to active duty for a period of more than 180
     days; or
       ``(D) was a member of a reserve component of the Armed
     Forces who served on active duty in support of a contingency
     operation (as that term is defined in section 101(a)(13) of
     title 10, United States Code) on or after September 11,
     2001.''; and
       (D) in paragraph (6), by striking ``subparagraph (A) or (B)
     of paragraph (3)'' and inserting ``subparagraph (A), (B), or
     (C) of paragraph (5)''.
       (b) Upward Bound.--Section 402C (20 U.S.C. 1070a-13) is
     amended--
       (1) in subsection (b)(11), by inserting ``, including
     mathematics and science preparation,'' after ``special
     services''; and
       (2) by adding at the end the following:
       ``(f) Absolute Priority Prohibited in Upward Bound
     Program.--Except as otherwise expressly provided by amendment
     to this section, the Secretary shall not implement or
     enforce, and shall rescind, the absolute priority for Upward
     Bound Program participant selection and evaluation published
     by the Department of Education in the Federal Register on
     September 22, 2006 (71 Fed. Reg. 55447 et seq.).''.
       (c) Amendment to Postbaccalaureate Achievement Program.--
     Section 402E(c)(2) (20 U.S.C. 1070a-15(c)(2)) is amended by
     inserting ``, including Native Hawaiians, as defined section
     317(b)(3), and Pacific Islanders'' after ``graduate
     education''.
       (d) Reports, Evaluations, and Grants for Project
     Improvement and Dissemination.--Section 402H (20 U.S.C.
     1070a-18) is amended--
       (1) by striking the section heading and inserting
     ``REPORTS, EVALUATIONS, AND GRANTS FOR PROJECT IMPROVEMENT
     AND DISSEMINATION.'';
       (2) by redesignating subsections (a) through (c) as
     subsections (b) through (d), respectively;
       (3) by inserting before subsection (b) (as redesignated by
     paragraph (2)) the following:
       ``(a) Reports to the Authorizing Committees.--The Secretary
     shall submit annually to the authorizing committees a report
     that documents the performance of all programs funded under
     this chapter. The report shall--
       ``(1) be submitted not later than 24 months after the
     eligible entities receiving funds under this chapter are
     required to report their performance to the Secretary;
       ``(2) focus on the programs' performance on the relevant
     outcome criteria determined under section 402A(f)(4);
       ``(3) aggregate individual project performance data on the
     outcome criteria in order to provide national performance
     data for each program;
       ``(4) include, when appropriate, descriptive data, multi-
     year data, and multi-cohort data; and
       ``(5) include comparable data on the performance nationally
     of low-income students, first-generation students, and
     students with disabilities.''; and
       (4) in subsection (b) (as redesignated by paragraph (2)),
     by striking paragraph (2) and inserting the following:
       ``(2) Practices.--
       ``(A) In general.--The evaluations described in paragraph
     (1) shall identify institutional, community, and program or
     project practices that are particularly effective in--
       ``(i) enhancing the access of low-income individuals and
     first-generation college students to postsecondary education;
       ``(ii) the preparation of the individuals and students for
     postsecondary education; and
       ``(iii) fostering the success of the individuals and
     students in postsecondary education.
       ``(B) Primary purpose.--Any evaluation conducted under this
     chapter shall have as its primary purpose the identification
     of particular practices that further the achievement of the
     outcome criteria determined under section 402A(f)(4).
       ``(C) Dissemination and use of evaluation findings.--The
     Secretary shall disseminate to eligible entities and make
     available to the public the practices identified under
     subparagraph (B). Such practices may be used by eligible
     entities that receive assistance under this chapter after the
     dissemination.
       ``(3) Recruitment.--The Secretary shall not require an
     eligible entity desiring to receive assistance under this
     chapter to recruit students to serve as a control group for
     purposes of evaluating any program or project assisted under
     this chapter.
       ``(4) Consideration.--When designing an evaluation under
     this subsection, the Secretary shall consider--
       ``(A) the burden placed upon the program participants or
     the eligible entity; and
       ``(B) approval by the institution's institutional review
     board.''.

     SEC. 403. GEARUP AMENDMENTS.

       (a) Eligible Students.--Section 404A(a) (20 U.S.C. 1070a-
     21(a)) is amended--
       (1) in paragraph (1), by inserting ``, including students
     with disabilities,'' after ``low-income students''; and
       (2) in paragraph (2)(A), by inserting ``, including
     students with disabilities,'' after ``secondary school
     students''.
       (b) Award Period; Priority.--Section 404A(b) (20 U.S.C.
     1070a-21(b)) is amended by striking paragraph (2) and
     inserting the following:
       ``(2) Award period.--The Secretary may award a grant under
     this chapter to an eligible entity described in paragraphs
     (1) and (2) of subsection (c) for 7 years.
       ``(3) Priority.--In making awards to eligible entities
     described in subsection (c)(1), the Secretary shall--
       ``(A) give priority to eligible entities that--
       ``(i) on the day before the date of enactment of the
     College Opportunity and Affordability Act of 2007, carried
     out successful educational opportunity programs under this
     chapter (as this chapter was in effect on such day); and
       ``(ii) have a prior, demonstrated commitment to early
     intervention leading to college access through collaboration
     and replication of successful strategies; and
       ``(B) ensure that students served under this chapter on the
     day before the date of enactment of the College Opportunity
     and Affordability Act of 2007 continue to receive assistance
     through the completion of secondary school.''.
       (c) Requirements: Continuity of Services.--
       (1) Cohort approach.--Section 404B(g)(1) (20 U.S.C. 1070a-
     22(g)(1)) is amended--
       (A) by striking ``and'' at the end of subparagraph (A);
       (B) in subparagraph (B)--
       (i) by inserting ``and provide the option of continued
     services through the student's first year of attendance at an
     institution of higher education'' after ``grade level''; and
       (ii) by striking the period at the end and inserting ``;
     and''; and
       (C) by adding at the end the following new subparagraph:
       ``(C) provide services under this chapter to students who
     have received services under a previous GEAR UP grant award
     but have not yet completed the 12th grade.''.
       (2) Early intervention.--Section 404D (20 U.S.C. 1070a-24)
     is amended--
       (A) in subsection (a)(1)(B)--
       (i) by striking ``and'' at the end of clause (ii);
       (ii) by striking the period at the end of clause (iii) and
     inserting ``; and''; and
       (iii) by adding at the end the following new clause:
       ``(iv) the transition to college or postsecondary education
     through continuity of services to support students in and
     through the first year of

[[Page H686]]

     attendance at an institution of higher education.'';
       (B) in subsection (b)(2)(A)--
       (i) by inserting ``and students in the first year of
     attendance at an institution of higher education'' after
     ``grade 12'';
       (ii) by striking ``and'' at the end of clause (i);
       (iii) by striking the period at the end of clause (ii) and
     inserting ``; and''; and
       (iv) by adding at the end the following new clause:
       ``(iii) may include special programs or tutoring in
     science, technology, engineering, or mathematics.''; and
       (C) in subsection (c)--
       (i) in the matter preceding paragraph (1), by striking
     ``grade 12 who is eligible'' and inserting ``grade 12, and
     may consider a student in the first year of attendance at an
     institution, who is'';
       (ii) in paragraph (1), by inserting ``eligible'' before
     ``to be counted'';
       (iii) in paragraph (2), by inserting ``eligible'' before
     ``for free'', and by striking ``or'';
       (iv) in paragraph (3), by inserting ``eligible'' before
     ``for assistance'', and by striking the period and inserting
     a semicolon; and
       (v) by adding at the end the following new paragraphs:
       ``(4) in foster care; or
       ``(5) a homeless or unaccompanied youth as defined in
     section 725 of the McKinney-Vento Homeless Assistance Act.''.
       (d) Flexibility in Meeting Matching Requirements.--Section
     404C (20 U.S.C. 1070a-23) is amended--
       (1) in subsection (b)--
       (A) in paragraph (1)(A), by inserting ``and accrued over
     the full duration of the grant award period'' after ``in cash
     or in kind'';
       (B) in paragraph (2), by adding at the end the following
     new sentence: ``Eligible entities may request a reduced match
     percentage at the time of application or by petition
     subsequent to a grant award, provided that an eligible entity
     can demonstrate a change in circumstances that was unknown at
     the time of application.''; and
       (C) by adding at the end the following new paragraph:
       ``(3) Additional special rule.--To encourage eligible
     entities described in 404A(c) to provide students under this
     chapter with financial assistance for postsecondary
     education, each dollar of non-Federal funds obligated under
     subsection (c)(1) and (c)(2) shall, for purposes of paragraph
     (1)(A) of this subsection, be treated as 2 dollars.''; and
       (2) in subsection (c)--
       (A) in paragraph (1), by striking ``paid to students from
     State, local, institutional, or private funds under this
     chapter'' and inserting ``obligated to students from State,
     local, institutional, or private funds under this chapter,
     including pre-existing , non-Federal financial assistance
     programs'';
       (B) by striking ``and'' at the end of paragraph (2);
       (C) by striking the period at the end of paragraph (3) and
     inserting ``; and''; and
       (D) by adding at the end the following new paragraph:
       ``(4) other resources recognized by the Secretary,
     including equipment and supplies, cash contribution from non-
     Federal sources, transportation expenses, in-kind or
     discounted program services, indirect costs, and facility
     usage.''.
       (e) Early Intervention.--Section 404D (20 U.S.C. 1070a-24)
     is amended--
       (1) in subsection (b)(2)(A)(ii), by striking ``and academic
     counseling'' and inserting ``, academic counseling, and
     financial literacy and economic literacy education or
     counseling'';
       (2) in subsection (b)(2), by adding at the end the
     following new subparagraphs:
       ``(F) Fostering and improving parent and family involvement
     in elementary and secondary education by promoting the
     advantages of a college education, and emphasizing academic
     admission requirements and the need to take college
     preparation courses, through parent engagement and leadership
     activities.
       ``(G) Engaging entities described in section 404A(c)(2)(C)
     in a collaborative manner to provide matching resources and
     participate in other activities authorized under this
     section.
       ``(H) Disseminating information that promotes the
     importance of higher education, explains college preparation
     and admission requirements, and raises awareness of the
     resources and services provided by the eligible entities
     described in section 404A(c) to eligible students, their
     families, and communities.''; and
       (3) by adding at the end of subsection (b) the following
     new paragraph:
       ``(3) Additional permissible activities for states.--In
     meeting the requirements of subsection (a), an eligible
     entity described in section 404A(c) (1) receiving funds under
     this chapter may, in addition to the activities authorized by
     paragraph (2) of this subsection, use funds to provide
     technical assistance to--
       ``(A) middle schools or secondary schools that are located
     within the State; or
       ``(B) partnerships described in section 404A(c)(2) that are
     located within the State.''.
       (f) Scholarship Component.--Section 404E (20 U.S.C. 1070a-
     25) is amended--
       (1) in subsection (a)(1), by inserting ``to supplement aid
     for which they are regularly eligible'' after ``shall
     establish or maintain a financial assistance program that
     awards scholarships to students'';
       (2) in subsection (a)(2), by inserting ``to supplement aid
     for which they are regularly eligible'' after ``An eligible
     entity described in section 404A(c)(2) may award scholarships
     to eligible students''; and
       (3) in subsection (b)(2), by striking ``the maximum Federal
     Pell Grant'' and inserting ``the minimum Federal Pell
     Grant''.
       (g) Authorization of Appropriations.--Section 404H (20
     U.S.C. 1070a-31) is amended by striking ``$200,000,000 for
     fiscal year 1999 and such sums as may be necessary for each
     of the 4 succeeding fiscal years'' and inserting
     ``$400,000,000 for fiscal year 2009 and such sums as may be
     necessary for each of the 4 succeeding fiscal years''.

     SEC. 404. ACADEMIC ACHIEVEMENT INCENTIVE SCHOLARSHIPS.

       Chapter 3 of subpart 1 of part A of title IV (20 U.S.C.
     1070a-31 et seq.) is repealed.

     SEC. 405. FEDERAL SUPPLEMENTAL EDUCATIONAL OPPORTUNITY
                   GRANTS.

       (a) Authorization of Appropriations.--Section 413A(b)(1)
     (20 U.S.C. 1070b(b)(1)) is amended by striking ``$675,000,000
     for fiscal year 1999'' and inserting ``$875,000,000 for
     fiscal year 2009''.
       (b) Allowance for Books and Supplies.--Section
     413D(c)(3)(D) (20 U.S.C. 1070b-3(c)(3)(D)) is amended by
     striking ``$450'' and inserting ``$600''.

     SEC. 406. GRANTS FOR ACCESS AND PERSISTENCE.

       (a) Authorization of Appropriations.--Section 415A(b) (20
     U.S.C. 1070c(b)) is amended by striking paragraphs (1) and
     (2) and inserting the following:
       ``(1) In general.--There are authorized to be appropriated
     to carry out this subpart $200,000,000 for fiscal year 2009
     and such sums as may be necessary for each of the 4
     succeeding fiscal years.
       ``(2) Reservation.--For any fiscal year for which the
     amount appropriated under paragraph (1) exceeds $30,000,000,
     the excess amount shall be available to carry out section
     415E.''.
       (b) Applications for Leveraging Educational Assistance
     Partnership Programs.--Section 415C(b) (20 U.S.C. 1070c-2(b))
     is amended--
       (1) in paragraph (2), by striking ``$5,000'' and inserting
     ``$12,500'';
       (2) in paragraph (9), by striking ``and'' after the
     semicolon;
       (3) in paragraph (10), by striking the period at the end
     and inserting ``; and''; and
       (4) by adding at the end the following:
       ``(11) provides notification to eligible students that such
     grants are--
       ``(A) Leveraging Educational Assistance Partnership Grants;
     and
       ``(B) funded by the Federal Government and the State.''.
       (c) Grants for Access and Persistence.--Section 415E (20
     U.S.C. 1070c-3a) is amended to read as follows:

     ``SEC. 415E. GRANTS FOR ACCESS AND PERSISTENCE.

       ``(a) Purpose.--It is the purpose of this section to expand
     college access and increase college persistence by making
     allotments to States to enable the States to--
       ``(1) expand and enhance partnerships with institutions of
     higher education, early information and intervention,
     mentoring, or outreach programs, private corporations,
     philanthropic organizations, and other interested parties to
     carry out activities under this section and to provide
     coordination and cohesion among Federal, State, and local
     governmental and private efforts that provide financial
     assistance to help low-income students attend college;
       ``(2) provide need-based access and persistence grants to
     eligible low-income students;
       ``(3) provide early notification to low-income students of
     their eligibility for financial aid; and
       ``(4) encourage increased participation in early
     information and intervention, mentoring, or outreach
     programs.
       ``(b) Allotments to States.--
       ``(1) In general.--
       ``(A) Authorization.--From sums reserved under section
     415A(b)(2) for each fiscal year, the Secretary shall make an
     allotment to each State that submits an application for an
     allotment in accordance with subsection (c) to enable the
     State to pay the Federal share of the cost of carrying out
     the activities under subsection (d).
       ``(B) Determination of allotment.--In making allotments
     under subparagraph (A), the Secretary shall consider the
     following:
       ``(i) Continuation of award.--If a State continues to meet
     the specifications established in its application under
     subsection (c), the Secretary shall make an allotment to such
     State that is not less than the allotment made to such State
     for the previous fiscal year.
       ``(ii) Priority.--The Secretary shall give priority in
     making allotments to States that meet the requirements under
     paragraph (2)(B)(ii).
       ``(2) Federal share.--
       ``(A) In general.--The Federal share of the cost of
     carrying out the activities under subsection (d) for any
     fiscal year shall not exceed 66.66 percent.
       ``(B) Different percentages.--The Federal share under this
     section shall be determined in accordance with the following:
       ``(i) The Federal share of the cost of carrying out the
     activities under subsection (d) shall be equal to 57 percent
     if a State applies for an allotment under this section in
     partnership with any number of degree-granting institutions
     of higher education in the State whose combined full-time
     enrollment represents less than a majority of all students
     attending institutions of higher education in the State,
     and--

       ``(I) philanthropic organizations that are located in, or
     that provide funding in, the State; or
       ``(II) private corporations that are located in, or that do
     business in, the State.

       ``(ii) The Federal share of the cost of carrying out the
     activities under subsection (d) shall be equal to 66.66
     percent if a State applies for an allotment under this
     section in partnership with any number of degree-granting
     institutions of higher education in the State whose combined
     full-time enrollment represents a majority of all students
     attending institutions of higher education in the State,
     and--

[[Page H687]]

       ``(I) philanthropic organizations that are located in, or
     that provide funding in, the State; or
       ``(II) private corporations that are located in, or that do
     business in, the State.

       ``(C) Non-federal share.--
       ``(i) In general.--The non-Federal share under this section
     may be provided in cash or in kind, fairly evaluated.
       ``(ii) In kind contribution.--For the purpose of
     calculating the non-Federal share under this subparagraph, an
     in kind contribution is a non-cash contribution that--

       ``(I) has monetary value, such as the provision of--

       ``(aa) room and board; or
       ``(bb) transportation passes; and

       ``(II) helps a student meet the cost of attendance at an
     institution of higher education.

       ``(iii) Effect on needs analysis.--For the purpose of
     calculating a student's need in accordance with part F, an in
     kind contribution described in clause (ii) shall not be
     considered an asset or income of the student or the student's
     parent.
       ``(c) Application for Allotment.--
       ``(1) In general.--
       ``(A) Submission.--A State that desires to receive an
     allotment 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.
       ``(B) Content.--An application submitted under subparagraph
     (A) shall include the following:
       ``(i) A description of the State's plan for using the
     allotted funds.
       ``(ii) Assurances that the State will provide matching
     funds, in cash or in kind, from State, institutional,
     philanthropic, or private funds, of not less than 33.33
     percent of the cost of carrying out the activities under
     subsection (d). The State shall specify the methods by which
     matching funds will be paid and include provisions designed
     to ensure that funds provided under this section will be used
     to supplement, and not supplant, Federal and non-Federal
     funds available for carrying out the activities under this
     title. A State that uses non-Federal funds to create or
     expand existing partnerships with nonprofit organizations or
     community-based organizations in which such organizations
     match State funds for student scholarships, may apply such
     matching funds from such organizations toward fulfilling the
     State's matching obligation under this clause.
       ``(iii) Assurances that early information and intervention,
     mentoring, or outreach programs exist within the State or
     that there is a plan to make such programs widely available.
       ``(iv) A description of the organizational structure that
     the State has in place to administer the activities under
     subsection (d).
       ``(v) A description of the steps the State will take to
     ensure students who receive grants under this section persist
     to degree completion.
       ``(vi) Assurances that the State has a method in place,
     such as acceptance of the automatic zero expected family
     contribution determination described in section 479(c), to
     identify eligible low-income students and award State grant
     aid to such students.
       ``(vii) Assurances that the State will provide notification
     to eligible low-income students that grants under this
     section are--

       ``(I) Leveraging Educational Assistance Partnership Grants;
     and
       ``(II) funded by the Federal Government and the State.

       ``(2) State agency.--The State agency that submits an
     application for a State under section 415C(a) shall be the
     same State agency that submits an application under paragraph
     (1) for such State.
       ``(3) Partnership.--In applying for an allotment under this
     section, the State agency shall apply for the allotment in
     partnership with--
       ``(A) not less than one public and one private degree-
     granting institution of higher education that are located in
     the State;
       ``(B) new or existing early information and intervention,
     mentoring, or outreach programs located in the State; and
       ``(C) not less than one--
       ``(i) philanthropic organization located in, or that
     provides funding in, the State; or
       ``(ii) private corporation located in, or that does
     business in, the State.
       ``(4) Roles of partners.--
       ``(A) State agency.--A State agency that is in a
     partnership receiving an allotment under this section--
       ``(i) shall--

       ``(I) serve as the primary administrative unit for the
     partnership;
       ``(II) provide or coordinate matching funds, and coordinate
     activities among partners;
       ``(III) encourage each institution of higher education in
     the State to participate in the partnership;
       ``(IV) make determinations and early notifications of
     assistance as described under subsection (d)(2); and
       ``(V) annually report to the Secretary on the partnership's
     progress in meeting the purpose of this section; and

       ``(ii) may provide early information and intervention,
     mentoring, or outreach programs.
       ``(B) Degree-granting institutions of higher education.--A
     degree-granting institution of higher education (as defined
     in section 102) that is in a partnership receiving an
     allotment under this section--
       ``(i) shall--

       ``(I) recruit and admit participating qualified students
     and provide such additional institutional grant aid to
     participating students as agreed to with the State agency;
       ``(II) provide support services to students who receive an
     access and persistence grant under this section and are
     enrolled at such institution; and
       ``(III) assist the State in the identification of eligible
     students and the dissemination of early notifications of
     assistance as agreed to with the State agency; and

       ``(ii) may provide funding for early information and
     intervention, mentoring, or outreach programs or provide such
     services directly.
       ``(C) Programs.--An early information and intervention,
     mentoring, or outreach program that is in a partnership
     receiving an allotment under this section shall provide
     direct services, support, and information to participating
     students.
       ``(D) Philanthropic organization or private corporation.--A
     philanthropic organization or private corporation that is in
     a partnership receiving an allotment under this section shall
     provide funds for access and persistence grants for
     participating students, or provide funds or support for early
     information and intervention, mentoring, or outreach
     programs.
       ``(d) Authorized Activities.--
       ``(1) In general.--
       ``(A) Establishment of partnership.--Each State receiving
     an allotment under this section shall use the funds to
     establish a partnership to award access and persistence
     grants to eligible low-income students in order to increase
     the amount of financial assistance such students receive
     under this subpart for undergraduate education expenses.
       ``(B) Amount.--
       ``(i) Partnerships with institutions serving less than a
     majority of students in the state.--

       ``(I) In general.--In the case where a State receiving an
     allotment under this section is in a partnership described in
     subsection (b)(2)(B)(i), the amount of an access and
     persistence grant awarded by such State shall be not less
     than the amount that is equal to the average undergraduate
     tuition and mandatory fees at 4-year public institutions of
     higher education in the State where the student resides (less
     any other Federal or State sponsored grant amount, college
     work study amount, and scholarship amount received by the
     student) and such amount shall be used toward the cost of
     attendance at an institution of higher education, located in
     the State, that is a partner in the partnership.
       ``(II) Cost of attendance.--A State that has a program,
     apart from the partnership under this section, of providing
     eligible low-income students with grants that are equal to
     the average undergraduate tuition and mandatory fees at 4-
     year public institutions of higher education in the State,
     may increase the amount of access and persistence grants
     awarded by such State up to an amount that is equal to the
     average cost of attendance at 4-year public institutions of
     higher education in the State (less any other Federal or
     State sponsored grant amount, college work study amount, and
     scholarship amount received by the student).

       ``(ii) Partnership with institutions serving the majority
     of students in the state.--In the case where a State
     receiving an allotment under this section is in a partnership
     described in subsection (b)(2)(B)(ii), the amount of an
     access and persistence grant awarded by such State shall be
     not less than the average cost of attendance at 4-year public
     institutions of higher education in the State where the
     student resides (less any other Federal or State sponsored
     grant amount, college work study amount, and scholarship
     amount received by the student) and such amount shall be used
     by the student to attend an institution of higher education,
     located in the State, that is a partner in the partnership.
       ``(2) Early notification.--
       ``(A) In general.--Each State receiving an allotment under
     this section shall annually notify low-income students (such
     as students who are eligible to receive a free lunch under
     the school lunch program established under the Richard B.
     Russell National School Lunch Act (42 U.S.C. 1751 et seq.))
     in grade 7 through grade 12 in the State, and their families,
     of their potential eligibility for student financial
     assistance, including an access and persistence grant, to
     attend an institution of higher education.
       ``(B) Content of notice.--The notification under
     subparagraph (A)--
       ``(i) shall include--

       ``(I) information about early information and intervention,
     mentoring, or outreach programs available to the student;
       ``(II) information that a student's candidacy for an access
     and persistence grant is enhanced through participation in an
     early information and intervention, mentoring, or outreach
     program;
       ``(III) an explanation that student and family eligibility
     and participation in other Federal means-tested programs may
     indicate eligibility for an access and persistence grant and
     other student aid programs;
       ``(IV) a nonbinding estimation of the total amount of
     financial aid a low-income student with a similar income
     level may expect to receive, including an estimation of the
     amount of an access and persistence grant and an estimation
     of the amount of grants, loans, and all other available types
     of aid from the major Federal and State financial aid
     programs;
       ``(V) an explanation that in order to be eligible for an
     access and persistence grant, at a minimum, a student shall
     meet the requirement under paragraph (3), graduate from
     secondary school, and enroll at an institution of higher
     education that is a partner in the partnership;
       ``(VI) information on any additional requirements (such as
     a student pledge detailing student responsibilities) that the
     State may impose for receipt of an access and persistence
     grant under this section; and
       ``(VII) instructions on how to apply for an access and
     persistence grant and an explanation that a student is
     required to file a Free Application for Federal Student Aid
     authorized under section 483(a) to be eligible for such grant
     and assistance from other Federal and State financial aid
     programs; and

[[Page H688]]

       ``(ii) may include a disclaimer that access and persistence
     grant awards are contingent upon--

       ``(I) a determination of the student's financial
     eligibility at the time of the student's enrollment at an
     institution of higher education that is a partner in the
     partnership;
       ``(II) annual Federal and State appropriations; and
       ``(III) other aid received by the student at the time of
     the student's enrollment at an institution of higher
     education that is a partner in the partnership.

       ``(3) Eligibility.--In determining which students are
     eligible to receive access and persistence grants, the State
     shall ensure that each such student complies with the
     following subparagraph (A) or (B):
       ``(A) Meets not less than 2 of the following criteria, with
     priority given to students meeting all of the following
     criteria:
       ``(i) Has an expected family contribution equal to zero (as
     described in section 479) or a comparable alternative based
     upon the State's approved criteria in section 415C(b)(4).
       ``(ii) Has qualified for a free lunch, or at the State's
     discretion a reduced price lunch, under the school lunch
     program established under the Richard B. Russell National
     School Lunch Act.
       ``(iii) Qualifies for the State's maximum undergraduate
     award, as authorized under section 415C(b).
       ``(iv) Is participating in, or has participated in, a
     Federal, State, institutional, or community early information
     and intervention, mentoring, or outreach program, as
     recognized by the State agency administering activities under
     this section.
       ``(B) Is receiving, or has received, an access and
     persistence grant under this section, in accordance with
     paragraph (5).
       ``(4) Grant award.--Once a student, including a student who
     has received early notification under paragraph (2) from the
     State, applies for admission to an institution that is a
     partner in the partnership, files a Free Application for
     Federal Student Aid and any related State form, and is
     determined to be eligible by the State under paragraph (3),
     the State shall--
       ``(A) issue the student a preliminary access and
     persistence grant award certificate with tentative award
     amounts; and
       ``(B) inform the student that payment of the access and
     persistence grant award amounts is subject to certification
     of enrollment and award eligibility by the institution of
     higher education.
       ``(5) Duration of award.--An eligible student that receives
     an access and persistence grant under this section shall
     receive such grant award for each year of such student's
     undergraduate education in which the student remains eligible
     for assistance under this title, including pursuant to
     section 484(c), and remains financially eligible as
     determined by the State, except that the State may impose
     reasonable time limits to baccalaureate degree completion.
       ``(e) Administrative Cost Allowance.--A State that receives
     an allotment under this section may reserve not more than 3.5
     percent of the funds made available annually through the
     allotment for State administrative functions required to
     carry out this section.
       ``(f) Statutory and Regulatory Relief for Institutions of
     Higher Education.--The Secretary may grant, upon the request
     of an institution of higher education that is in a
     partnership described in subsection (b)(2)(B)(ii) and that
     receives an allotment under this section, a waiver for such
     institution from statutory or regulatory requirements that
     inhibit the ability of the institution to successfully and
     efficiently participate in the activities of the partnership.
       ``(g) Applicability Rule.--The provisions of this subpart
     which are not inconsistent with this section shall apply to
     the program authorized by this section.
       ``(h) Maintenance of Effort Requirement.--Each State
     receiving an allotment under this section for a fiscal year
     shall provide the Secretary an assurance that the aggregate
     amount expended per student or the aggregate expenditures by
     the State, from funds derived from non-Federal sources, for
     the authorized activities described in subsection (d) for the
     preceding fiscal year were not less than the amount expended
     per student or the aggregate expenditure by the State for
     such activities for the second preceding fiscal year.
       ``(i) Special Rule.--Notwithstanding subsection (h), for
     purposes of determining a State's share of the cost of the
     authorized activities described in subsection (d), the State
     shall consider only those expenditures from non-Federal
     sources that exceed its total expenditures for need-based
     grants, scholarships, and work-study assistance for fiscal
     year 1999 (including any such assistance provided under this
     subpart).
       ``(j) Reports.--Not later than 3 years after the date of
     enactment of the College Opportunity and Affordability Act of
     2007, and annually thereafter, the Secretary shall submit a
     report describing the activities and the impact of the
     partnerships under this section to the authorizing
     committees.''.
       (d) Continuation and Transition.--During the 2-year period
     commencing on the date of enactment of this Act, the
     Secretary shall continue to award grants under section 415E
     of the Higher Education Act of 1965 (20 U.S.C. 1070c-3a), as
     such section existed on the day before the date of enactment
     of this Act, to States that choose to apply for grants under
     such predecessor section.
       (e) Implementation and Evaluation.--Section 491(j) (20
     U.S.C. 1098(j)) is amended--
       (1) in paragraph (4), by striking ``and'' after the
     semicolon;
       (2) by redesignating paragraph (5) as paragraph (6); and
       (3) by inserting after paragraph (4) the following:
       ``(5) not later than 6 months after the date of enactment
     of the College Opportunity and Affordability Act of 2007,
     advise the Secretary on means to implement the activities
     under section 415E, and the Advisory Committee shall continue
     to monitor, evaluate, and make recommendations on the
     progress of partnerships that receive allotments under such
     section; and''.

     SEC. 407. SPECIAL PROGRAMS FOR STUDENTS WHOSE FAMILIES ARE
                   ENGAGED IN MIGRANT AND SEASONAL FARMWORK.

       Section 418A (20 U.S.C. 1070d-2) is amended--
       (1) in subsection (b)--
       (A) in paragraph (1)(B)(i), by striking ``parents'' and
     inserting ``immediate family'';
       (B) in paragraph (3)(B), by inserting ``(including
     preparation for college entrance examinations)'' after
     ``college program'';
       (C) in paragraph (5), by striking ``weekly'';
       (D) in paragraph (7), by striking ``and'' after the
     semicolon;
       (E) in paragraph (8)--
       (i) by inserting ``(such as transportation and child
     care)'' after ``services''; and
       (ii) by striking the period at the end and inserting ``;
     and''; and
       (F) by adding at the end the following:
       ``(9) other activities to improve persistence and retention
     in postsecondary education.'';
       (2) in subsection (c)--
       (A) in paragraph (1)--
       (i) in subparagraph (A), by striking ``parents'' and
     inserting ``immediate family''; and
       (ii) in subparagraph (B)--

       (I) in the matter preceding clause (i), by inserting ``to
     improve placement, persistence, and retention in
     postsecondary education,'' after ``services''; and
       (II) in clause (i), by striking ``and career'' and
     inserting ``career, and economic education or personal
     finance'';

       (iii) in subparagraph (E), by striking ``and'' after the
     semicolon;
       (iv) by redesignating subparagraph (F) as subparagraph (G);
       (v) by inserting after subparagraph (E) the following:
       ``(F) internships; and''; and
       (vi) in subparagraph (G) (as redesignated by clause (iv)),
     by striking ``support services'' and inserting ``essential
     supportive services (such as transportation and child
     care)''; and
       (B) in paragraph (2)--
       (i) in subparagraph (A), by striking ``and'' after the
     semicolon;
       (ii) in subparagraph (B), by striking the period at the end
     and inserting ``, and coordinating such services, assistance,
     and aid with other non-program services, assistance, and aid,
     including services, assistance, and aid provided by
     community-based organizations, which may include mentoring
     and guidance; and''; and
       (iii) by adding at the end the following:
       ``(C) for students attending 2-year institutions of higher
     education, encouraging the students to transfer to 4-year
     institutions of higher education, where appropriate, and
     monitoring the rate of transfer of such students.'';
       (3) in subsection (e), by striking ``section 402A(c)(1)''
     and inserting ``section 402A(c)(2)'';
       (4) in subsection (f)--
       (A) in paragraph (1), by striking ``$150,000'' and
     inserting ``$180,000''; and
       (B) in paragraph (2), by striking ``$150,000'' and
     inserting ``$180,000'';
       (5) by redesignating subsections (g) and (h) as subsections
     (h) and (i), respectively;
       (6) by inserting after subsection (f) the following:
       ``(g) Reservation of Funds.--From the amounts made
     available under subsection (i), the Secretary may reserve not
     more than a total of \1/2\ of 1 percent for outreach
     activities, technical assistance, and professional
     development programs relating to the programs under
     subsection (a).'';
       (7) by striking subsection (h) (as redesignated by
     paragraph (5)) and inserting the following:
       ``(h) Data Collection.--The Commissioner for Education
     Statistics shall--
       ``(1) annually collect data on persons receiving services
     authorized under this subpart regarding such persons rates of
     secondary school graduation, entrance into postsecondary
     education, and completion of postsecondary education;
       ``(2) not less often than once every 2 years, prepare and
     submit to the authorizing committees a report based on the
     most recently available data under paragraph (1) to the
     authorizing committees; and
       ``(3) make such report available to the public.''; and
       (8) in subsection (i) (as redesignated by paragraph (5))--
       (A) in paragraph (1), by striking ``$15,000,000 for fiscal
     year 1999'' and all that follows through the period and
     inserting ``such sums as may be necessary for fiscal year
     2009 and each of the 4 succeeding fiscal years.''; and
       (B) in paragraph (2), by striking ``$5,000,000 for fiscal
     year 1999'' and all that follows through the period and
     inserting ``such sums for fiscal year 2009 and each of the 4
     succeeding fiscal years.''.

     SEC. 408. ROBERT C. BYRD HONORS SCHOLARSHIP PROGRAM.

       Subpart 6 of part A of title IV is amended to read as
     follows:

      ``Subpart 6--Robert C. Byrd American Competitiveness Program

     ``SEC. 419A. ROBERT C. BYRD MATHEMATICS AND SCIENCE HONORS
                   SCHOLARSHIP PROGRAM.

       ``(a) Purpose.--The purpose of this section is to award
     scholarships to students who are enrolled in studies leading
     to baccalaureate and advanced degrees in physical, life, or
     computer sciences, mathematics, or engineering.
       ``(b) Definitions.--As used in this section--

[[Page H689]]

       ``(1) the term `computer science' means the branch of
     knowledge or study of computers, including such fields of
     knowledge or study as computer hardware, computer software,
     computer engineering, information systems, and robotics;
       ``(2) the term `eligible student' means a student who--
       ``(A) is a citizen of the United States;
       ``(B) is selected by the managing agent to receive a
     scholarship;
       ``(C) is enrolled full-time in an institution of higher
     education, other than a United States service academy; and
       ``(D) has shown a commitment to and is pursuing a major in
     studies leading to a baccalaureate, masters, or doctoral
     degree (or a combination thereof) in physical, life, or
     computer sciences, mathematics, or engineering;
       ``(3) the term `engineering' means the science by which the
     properties of matter and the sources of energy in nature are
     made useful to humanity in structures, machines, and
     products, as in the construction of engines, bridges,
     buildings, mines, and chemical plants, including such fields
     of knowledge or study as aeronautical engineering, chemical
     engineering, civil engineering, electrical engineering,
     industrial engineering, materials engineering, manufacturing
     engineering, and mechanical engineering;
       ``(4) the term `life sciences' means the branch of
     knowledge or study of living things, including such fields of
     knowledge or study as biology, biochemistry, biophysics,
     microbiology, genetics, physiology, botany, zoology, ecology,
     and behavioral biology, except that the term does not
     encompass social psychology or the health professions;
       ``(5) the term `managing agent' means an entity to which an
     award is made under subsection (c) to manage a program of
     Mathematics and Science Honors Scholarships;
       ``(6) the term `mathematics' means the branch of knowledge
     or study of numbers and the systematic treatment of
     magnitude, relationships between figures and forms, and
     relations between quantities expressed symbolically,
     including such fields of knowledge or study as statistics,
     applied mathematics, and operations research; and
       ``(7) the term `physical sciences' means the branch of
     knowledge or study of the material universe, including such
     fields of knowledge or study as astronomy, atmospheric
     sciences, chemistry, earth sciences, ocean sciences, physics,
     and planetary sciences.
       ``(c) Award.--
       ``(1)(A) From funds appropriated under section 419F to
     carry out this section, the Secretary is authorized, through
     a grant or cooperative agreement, to make an award to a
     private, non-profit organization, other than an institution
     of higher education or system of institutions of higher
     education, to manage, through a public and private
     partnership, a program of Mathematics and Science Honors
     Scholarships under this section.
       ``(B) The award under subparagraph (A) shall be for a five-
     year period.
       ``(2)(A) One hundred percent of the funds awarded under
     paragraph (1)(A) for any fiscal year shall be obligated and
     expended solely on scholarships to eligible students.
       ``(B) No Federal funds shall be used to provide more than
     50 percent of the cost of any scholarship to an eligible
     student.
       ``(C) The maximum scholarship award shall be the difference
     between an eligible student's cost of attendance minus any
     non-loan based aid such student receives.
       ``(3)(A) The Secretary may establish--
       ``(i) eligibility criteria for applicants for managing
     agent, including criteria regarding financial and
     administrative capability; and
       ``(ii) operational standards for the managing agent,
     including management and performance requirements, such as
     audit, recordkeeping, record retention, and reporting
     procedures and requirements.
       ``(B) The Secretary, as necessary, may review and revise
     any criteria, standards, and rules established under this
     paragraph and, through the agreement with the managing agent,
     see that any revisions are implemented.
       ``(4) If the managing agent fails to meet the requirements
     of this section the Secretary may terminate the award to the
     managing agent.
       ``(5) The Secretary shall conduct outreach efforts to help
     raise awareness of the Mathematics and Science Honors
     Scholarships.
       ``(d) Duties of the Managing Agent.--The managing agent
     shall--
       ``(1) develop criteria to award Mathematics and Science
     Honors Scholarships based on established measurements
     available to secondary students who wish to pursue degrees in
     physical, life, or computer sciences, mathematics, or
     engineering;
       ``(2) establish a Mathematics and Science Honors
     Scholarship Fund in a separate, named account that clearly
     discloses the amount of Federal and non-Federal funds
     deposited in the account and used for scholarships under this
     section;
       ``(3) solicit funds for scholarships and for the
     administration of the program from non-Federal sources;
       ``(4) solicit applicants for scholarships;
       ``(5) from the amounts in the Fund, award scholarships to
     eligible students and transfer such funds to the institutions
     of higher education that they attend;
       ``(6) annually submit to the Secretary a financial audit
     and a report on the progress of the program, and such other
     documents as the Secretary may require to determine the
     effective management of the program; and
       ``(7) shall not develop a criteria that discriminates
     against a student based on the type of program in which the
     student completed his or her secondary education.
       ``(e) Applications.--
       ``(1) Any eligible entity that desires to be the managing
     agent under this section shall submit an application to the
     Secretary, in such form and containing such information, as
     the Secretary may require.
       ``(2) Each application shall include a description of--
       ``(A) how the applicant meets or will meet requirements
     established under subsections (c)(3)(A) and (d);
       ``(B) how the applicant will solicit funds for scholarships
     and for the administration of the program from non-Federal
     sources;
       ``(C) how the applicant will provide nationwide outreach to
     inform students about the program and to encourage students
     to pursue degrees in physical, life, or computer sciences,
     mathematics, or engineering;
       ``(D) how the applicant will solicit applications for
     scholarships, including how the applicant will balance
     efforts in urban and rural areas;
       ``(E) the selection criteria based on established
     measurements available to secondary students the applicant
     will use to award scholarships and to renew those awards;
       ``(F) how the applicant will inform the institution of
     higher education chosen by the recipient of the name and
     scholarship amount of the recipient;
       ``(G) what procedures and assurances the applicant and the
     institution of higher education that the recipient attends
     will use to verify student eligibility, attendance, degree
     progress, and academic performance and to deliver and account
     for payments to such institution;
       ``(H) the management (including audit and accounting)
     procedures the applicant will use for the program;
       ``(I) the human, financial, and other resources that the
     applicant will need and use to manage the program;
       ``(J) how the applicant will evaluate the program and
     report to the Secretary annually; and
       ``(K) a description of how the entity will coordinate with,
     complement, and build on similar public and private
     mathematics and science programs.
       ``(f) Scholarship Recipients.--
       ``(1) A student receiving a scholarship under this section
     shall be known as a Byrd Mathematics and Science Honors
     Scholar.
       ``(2) Any student desiring to receive a scholarship under
     this section shall submit an application to the managing
     agent in such form, and containing such information, as the
     managing agent may require.
       ``(3) Any student that receives a scholarship under this
     section shall enter into an agreement with the managing agent
     to complete 5 consecutive years of service to begin no later
     than 12 months following completion of the final degree in a
     position related to the field in which the student obtained
     the degree.
       ``(4) If any student that receives a scholarship under this
     section fails to earn at least a baccalaureate degree in
     physical, life, or computer sciences, mathematics, or
     engineering as defined under this section, the student shall
     repay to the managing agent the amount of any financial
     assistance paid to such student.
       ``(5) If any student that receives a scholarship under this
     section fails to meet the requirements of paragraph (3), the
     student shall repay to the managing agent the amount of any
     financial assistance paid to such student.
       ``(6)(A) Scholarships shall be awarded for only one
     academic year of study at a time.
       ``(B)(i) A scholarship shall be renewable on an annual
     basis for the established length of the academic program if
     the student awarded the scholarship remains eligible.
       ``(ii) The managing agent may condition renewal of a
     scholarship on measures of academic progress and achievement,
     with the approval of the Secretary.
       ``(C)(i) If a student fails to either remain eligible or
     meet established measures of academic progress and
     achievement, the managing agent shall instruct the student's
     institution of higher education to suspend payment of the
     student's scholarship.
       ``(ii) A suspension of payment shall remain in effect until
     the student is able to demonstrate to the satisfaction of the
     managing agent that he or she is again eligible and meets the
     established measures of academic progress and achievement.
       ``(iii) A student's eligibility for a scholarship shall be
     terminated if a suspension period exceeds 12 months.
       ``(D)(i)(I) A student awarded a scholarship may, in a
     manner and under the terms established by, and with the
     approval of, the managing agent, postpone or interrupt his or
     her enrollment at an institution of higher education for up
     to 12 months.
       ``(II) Such a postponement or interruption shall not be
     considered a suspension for purposes of subparagraph (C).
       ``(ii) Neither a student nor the student's institution of
     higher education shall receive the student's scholarship
     payments during the period of postponement or interruption,
     but such payments shall resume upon enrollment or
     reenrollment.
       ``(iii) In exceptional circumstances, such as serious
     injury or illness or the necessity to care for family
     members, the student's postponement or interruption may, upon
     notification and approval of the managing agent, be extended
     beyond the 12 month period described in clause (i)(I).
       ``(g) Responsibilities of Institution of Higher
     Education.--
       ``(1) The managing agent shall require any institution of
     higher education that enrolls a student who receives a
     scholarship under this section to annually provide an
     assurance, prior to making any payment, that the student--
       ``(A) is eligible in accordance with subsection (b)(2); and
       ``(B) has provided the institution with a written
     commitment to attend, or is attending, classes and is
     satisfactorily meeting the institution's

[[Page H690]]

     academic criteria for enrollment in its program of study.
       ``(2)(A) The managing agent shall provide the institution
     of higher education with payments from the Fund for selected
     recipients in at least two installments.
       ``(B) If a recipient declines a scholarship, does not
     attend courses, transfers to another institution of higher
     education, or becomes ineligible for a scholarship, an
     institution of higher education shall return prorated amounts
     of any scholarship payment to that recipient to the managing
     agent, who shall deposit it in to the Fund.

     ``SEC. 419B. MATHEMATICS AND SCIENCE INCENTIVE PROGRAM.

       ``(a) Program.--
       ``(1) In general.--The Secretary is authorized to carry out
     a program of assuming the obligation to pay, pursuant to the
     provisions of this section, the interest on a loan made,
     insured, or guaranteed under part B or D of this title.
       ``(2) Eligibility.--The Secretary may assume interest
     payments under paragraph (1) only for a borrower who--
       ``(A) has submitted an application in compliance with
     subsection (d);
       ``(B) obtained one or more loans described in paragraph (1)
     as an undergraduate student;
       ``(C) is a new borrower (within the meaning of section
     103(7) of this Act) on or after the date of enactment of the
     College Opportunity and Affordability Act of 2007;
       ``(D) is a highly qualified teacher (as defined in section
     9101 of the Elementary and Secondary Education Act of 1965)
     of science, technology, engineering or mathematics at an
     elementary or secondary school in a high need local
     educational agency, or is a mathematics, science, or
     engineering professional; and
       ``(E) enters into an agreement with the Secretary to
     complete 5 consecutive years of service in a position
     described in subparagraph (D), starting on the date of the
     agreement.
       ``(3) Prior interest limitations.--The Secretary shall not
     make any payments for interest that--
       ``(A) accrues prior to the beginning of the repayment
     period on a loan in the case of a loan made under section
     428H or a Federal Direct Unsubsidized Stafford Loan; or
       ``(B) has accrued prior to the signing of an agreement
     under paragraph (2)(E).
       ``(4) Initial selection.--In selecting participants for the
     program under this section, the Secretary--
       ``(A) shall choose among eligible applicants on the basis
     of--
       ``(i) the national security, homeland security, and
     economic security needs of the United States, as determined
     by the Secretary, in consultation with other Federal
     agencies, including the Departments of Labor, Defense,
     Homeland Security, Commerce, and Energy, the Central
     Intelligence Agency, and the National Science Foundation; and
       ``(ii) the academic record or job performance of the
     applicant; and
       ``(B) may choose among eligible applicants on the basis
     of--
       ``(i) the likelihood of the applicant to complete the 5-
     year service obligation;
       ``(ii) the likelihood of the applicant to remain in
     science, mathematics, or engineering after the completion of
     the service requirement; or
       ``(iii) other relevant criteria determined by the
     Secretary.
       ``(5) Availability subject to appropriations.--Loan
     interest payments under this section shall be subject to the
     availability of appropriations. If the amount appropriated
     for any fiscal year is not sufficient to provide interest
     payments on behalf of all qualified applicants, the Secretary
     shall give priority to those individuals on whose behalf
     interest payments were made during the preceding fiscal year.
       ``(6) Regulations.--The Secretary is authorized to
     prescribe such regulations as may be necessary to carry out
     the provisions of this section.
       ``(b) Duration and Amount of Interest Payments.--The period
     during which the Secretary shall pay interest on behalf of a
     student borrower who is selected under subsection (a) is the
     period that begins on the effective date of the agreement
     under subsection (a)(2)(E), continues after successful
     completion of the service obligation, and ends on the earlier
     of--
       ``(1) the completion of the repayment period of the loan;
       ``(2) payment by the Secretary of a total of $5,000 on
     behalf of the borrower;
       ``(3) if the borrower ceases to fulfill the service
     obligation under such agreement prior to the end of the 5-
     year period, as soon as the borrower is determined to have
     ceased to fulfill such obligation in accordance with
     regulations of the Secretary; or
       ``(4) 6 months after the end of any calendar year in which
     the borrower's gross income equals or exceeds 4 times the
     national per capita disposable personal income (current
     dollars) for such calendar year, as determined on the basis
     of the National Income and Product Accounts Tables of the
     Bureau of Economic Analysis of the Department of Commerce, as
     determined in accordance with regulations prescribed by the
     Secretary.
       ``(c) Repayment to Eligible Lenders.--Subject to the
     regulations prescribed by the Secretary by regulation under
     subsection (a)(6), the Secretary shall pay to each eligible
     lender or holder for each payment period the amount of the
     interest that accrues on a loan of a student borrower who is
     selected under subsection (a).
       ``(d) Application for Repayment.--
       ``(1) In general.--Each eligible individual desiring loan
     interest payment under this section shall submit a complete
     and accurate application to the Secretary at such time, in
     such manner, and containing such information as the Secretary
     may require.
       ``(2) Failure to complete service agreement.--Such
     application shall contain an agreement by the individual
     that, if the individual fails to complete the 5 consecutive
     years of service required by subsection (a)(2)(E), the
     individual agrees to repay the Secretary the amount of any
     interest paid by the Secretary on behalf of the individual.
       ``(e) Treatment of Consolidation Loans.--A consolidation
     loan made under section 428C of this Act, or a Federal Direct
     Consolidation Loan made under part D of title IV of this Act,
     may be a qualified loan for the purpose of this section only
     to the extent that such loan amount was used by a borrower
     who otherwise meets the requirements of this section to
     repay--
       ``(1) a loan made under section 428 or 428H of this Act; or
       ``(2) a Federal Direct Stafford Loan, or a Federal Direct
     Unsubsidized Stafford Loan, made under part D of title IV of
     this Act.
       ``(f) Prevention of Double Benefits.--No borrower may, for
     the same service, receive a benefit under both this section
     and--
       ``(1) any loan forgiveness program under title IV of this
     Act; or
       ``(2) subtitle D of title I of the National and Community
     Service Act of 1990 (42 U.S.C. 12601 et seq.).
       ``(g) Definitions.--As used in this section--
       ``(1) the term `high need local educational agency' has the
     same meaning given such term in section 200; and
       ``(2) the term `mathematics, science, or engineering
     professional' means a person who--
       ``(A) holds a baccalaureate, masters, or doctoral degree
     (or a combination thereof) in science, mathematics, or
     engineering; and
       ``(B) works in a field the Secretary determines is closely
     related to that degree, which shall include working as a
     professor at a two- or four-year institution of higher
     education.

     ``SEC. 419C. FOREIGN LANGUAGE PARTNERSHIPS.

       ``(a) Purpose.--The purpose of this section is to increase
     the number of highly qualified teachers in, and the number of
     United States' students who achieve the highest level of
     proficiency in, foreign languages critical to the security
     and competitiveness of the Nation.
       ``(b) Program Authorized.--The Secretary is authorized to
     award grants to institutions of higher education, in
     partnership with one or more local educational agencies, to
     establish teacher preparation programs in critical foreign
     languages, and activities that will enable successful
     students to advance from elementary school through college to
     achieve proficiency in those languages.
       ``(c) Applications.--
       ``(1) Application required.--Any institution of higher
     education that desires to receive 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.
       ``(2) Contents.--Each Application shall--
       ``(A) identify each local educational agency partner and
     describe each such partner's responsibilities (including how
     they will be involved in planning and implementing the
     program, what resources they will provide, and how they will
     ensure continuity of student progress from elementary school
     to the postsecondary level); and
       ``(B) describe how the applicant will support and continue
     the program after the grant has expired, including how it
     will seek support from other sources, such as State and local
     government, foundations, and the private sector.
       ``(d) Uses of Funds.--Funds awarded under this section
     shall be used to develop and implement programs consistent
     with the purpose of this section by carrying out one or more
     of the following activities:
       ``(1) To recruit highly qualified teachers in critical
     foreign languages and professional development activities for
     such teachers at the elementary through high school level.
       ``(2) To provide innovative opportunities for students that
     will allow for critical language learning, such as immersion
     environments, intensive study opportunities, internships, and
     distance learning.
       ``(e) Matching Requirement.--Each grantee under this
     section shall provide, from non-Federal sources, an amount
     equal to 100 percent of the amount of the grant (in cash or
     in kind) to carry out the activities supported by the grant.
       ``(f) Evaluation.--The Secretary shall evaluate the
     activities funded under this section and report the results
     of the evaluation to the appropriate Committees of Congress.

     ``SEC. 419D. AUTHORIZATION OF APPROPRIATIONS.

       ``There are authorized to be appropriated to carry out this
     subpart $50,000,000 for fiscal year 2009 and such sums as may
     be necessary for each of the 4 succeeding fiscal years.''.

     SEC. 409. CHILD CARE ACCESS MEANS PARENTS IN SCHOOL.

       (a) Minimum Grant.--Section 419N(b)(2)(B) (20 U.S.C.
     1070e(b)(2)(B)) is amended by striking ``$10,000'' and
     inserting ``$30,000''.
       (b) Eligible Institutions.--Section 419N(b)(4) is amended
     by striking ``$350,000'' and inserting ``$250,000''.
       (c) Income Eligibility.--Section 419N(b)(7) is amended by
     striking ``who is eligible to receive'' and inserting ``whose
     income qualifies for eligibility for''.
       (d) Publicity.--Section 419N(b) is further amended by
     adding at the end the following new paragraph:
       ``(8) Publicity.--The Secretary shall publicize the
     availability of grants under this section in appropriate
     periodicals in addition to publication in the Federal
     Register, and shall inform appropriate educational
     organizations of such availability.''.
       (e) Authorization of Appropriations.--Section 419N(g) (20
     U.S.C. 1070e(g)) is amended by striking ``$45,000,000 for
     fiscal year 1999'' and all

[[Page H691]]

     that follows through the period and inserting ``such sums as
     may be necessary for fiscal year 2009 and each of the 4
     succeeding fiscal years.''.

     SEC. 410. LEARNING ANYTIME ANYWHERE PARTNERSHIPS.

       Subpart 8 of part A of title IV (20 U.S.C. 1070f et seq.)
     is repealed.

     SEC. 411. TEACH GRANTS.

       Subpart 9 of part A of title IV is amended--
       (1) in section 420L(1)(B), by striking ``sound'' and
     inserting ``responsible'';
       (2) in section 420M--
       (A) by striking ``academic year'' each place it appears in
     subsections (a)(1) and (c)(1) and inserting ``year''; and
       (B) in subsection (c)(2)--
       (i) by striking ``other student assistance'' and inserting
     ``other assistance the student may receive''; and
       (ii) by striking the second sentence; and
       (3) by adding at the end the following new section:

     ``SEC. 420P. PROGRAM EVALUATION.

       ``The Secretary shall evaluate the effectiveness of TEACH
     grants with respect to the schools and students served by
     recipients of such grants. Such evaluation shall take into
     consideration information related to--
       ``(1) the number of TEACH grant recipients;
       ``(2) the gender, race, ethnicity, and age of such
     recipients;
       ``(3) the degrees obtained by such recipients;
       ``(4) the location, including the school, local educational
     agency, and State, where the recipients completed the service
     agreed to under section 420N(b) and the subject taught;
       ``(5) the duration of such service, including information
     related to whether recipients serve for more than the 4 years
     required under such section; and
       ``(6) any other data necessary to conduct such
     evaluation.''.

                 PART B--FEDERAL FAMILY EDUCATION LOANS

     SEC. 421. LIMITATIONS ON AMOUNTS OF LOANS COVERED BY FEDERAL
                   INSURANCE.

       Section 424(a) (20 U.S.C. 1074(a)) is amended--
       (1) by striking ``2012'' and inserting ``2013''; and
       (2) by striking ``2016'' and inserting ``2017''.

     SEC. 422. FEDERAL INTEREST SUBSIDIES.

       Section 428(a)(5) (20 U.S.C. 1078(a)(5)) is amended--
       (1) by striking ``2012'' and inserting ``2013''; and
       (2) by striking ``2016'' and inserting ``2017''.

     SEC. 423. STUDENT LOAN INFORMATION.

       Section 428(k) (20 U.S.C. 1078(k)) is amended by adding at
     the end the following new paragraph:
       ``(4) Student loan information.--
       ``(A) Notwithstanding any other provision of law or
     regulation, if requested by an institution of higher
     education or a third party servicer (as defined in section
     481(c)) working on behalf of such institution to prevent
     student loan defaults for borrowers who currently attend or
     previously attended such institution, a lender, secondary
     market, holder, or guaranty agency shall provide, free of
     charge and in a timely and effective manner, any student loan
     information pertaining to loans made under this title to such
     borrowers maintained by that entity, provided that the
     information requested is for a borrower who currently attends
     or previously attended such institution.
       ``(B) An institution and any third party servicer obtaining
     access to information under subparagraph (A) shall safeguard
     that information in order to prevent potential abuses of that
     information, including identity theft.
       ``(C) Any third party servicer that obtains information
     under this paragraph--
       ``(i) shall only use the information in a manner directly
     related to the default prevention work the servicer is
     performing on behalf of the institution of higher education;
       ``(ii) shall not sell the information to other entities;
       ``(iii) shall not share the information with, or transfer
     the information to, entities other than the borrower or the
     institution of higher education referenced in subparagraph
     (A); and
       ``(iv) shall be subject to any regulations established by
     the Secretary pursuant to section 432 concerning the misuse
     of such information, including any penalties for such
     misuse.''.

     SEC. 424. CONSOLIDATION LOAN DISCLOSURE.

       Section 428C(b)(1) (20 U.S.C. 1078-3(b)(1)) is amended--
       (1) by redesignating subparagraphs (E) and (F) as
     subparagraphs (F) and (G), respectively; and
       (2) by inserting after subparagraph (D) the following new
     subparagraph:
       ``(E) that the lender will disclose, in a clear and
     conspicuous manner, to borrowers who seek to consolidate
     loans made under part E of this title--
       ``(i) that once the borrower adds a Federal Perkins Loan to
     a Federal Consolidation Loan, the borrower will lose all
     interest-free periods that would have been available, such as
     those when no interest accrues on the Federal Perkins Loan
     while the borrower is enrolled in school at least half-time,
     during the grace period, and during periods when the
     borrower's student loan repayments are deferred;
       ``(ii) that the borrower will no longer be eligible for
     loan cancellation of Federal Perkins Loans under any
     provision of section 465; and
       ``(iii) in detail the occupations listed in section 465 for
     which the borrower will lose eligibility for Federal Perkins
     Loan cancellation;''.

     SEC. 425. LOAN FORGIVENESS FOR SERVICE IN AREAS OF NATIONAL
                   NEED.

       Section 428K (20 U.S.C. 1078-11) is amended to read as
     follows:

     ``SEC. 428K. LOAN FORGIVENESS FOR SERVICE IN AREAS OF
                   NATIONAL NEED.

       ``(a) Program Authorized.--
       ``(1) Loan forgiveness authorized.--The Secretary shall
     forgive, in accordance with this section, the student loan
     obligation of a borrower in the amount specified in
     subsection (c) who--
       ``(A) is employed full-time in an area of national need
     described in subsection (b); and
       ``(B) is not in default on a loan for which the borrower
     seeks forgiveness.
       ``(2) Method of loan forgiveness.--To provide loan
     forgiveness under paragraph (1), the Secretary is authorized
     to carry out a program--
       ``(A) through the holder of the loan, to assume the
     obligation to repay a qualified loan amount for a loan made,
     insured, or guaranteed under this part (other than an
     excepted PLUS loan (as such term is defined in section
     493C(a))); and
       ``(B) to cancel a qualified loan amount for a loan made
     under part D of this title (other than such an excepted PLUS
     loan).
       ``(3) Regulations.--The Secretary is authorized to issue
     such regulations as may be necessary to carry out the
     provisions of this section.
       ``(b) Areas of National Need.--For purposes of this
     section, an individual shall be treated as employed in an
     area of national need if the individual is employed full-time
     as any of the following:
       ``(1) Early childhood educators.--An individual who is
     employed as an early childhood educator in an eligible
     preschool program or eligible early childhood education
     program in a low-income community, and who is involved
     directly in the care, development, and education of infants,
     toddlers, or young children age 5 and under.
       ``(2) Nurses.--An individual who is employed--
       ``(A) as a nurse in a clinical setting; or
       ``(B) as a member of the nursing faculty at an accredited
     school of nursing (as those terms are defined in section 801
     of the Public Health Service Act (42 U.S.C. 296)).
       ``(3) Foreign language specialists.--An individual who has
     obtained a baccalaureate or advanced degree in a critical
     foreign language and is employed--
       ``(A) in an elementary or secondary school as a teacher of
     a critical foreign language;
       ``(B) in an agency of the United States Government in a
     position that regularly requires the use of such critical
     foreign language; or
       ``(C) in an institution of higher education as a faculty
     member or instructor teaching a critical foreign language.
       ``(4) Librarians.--An individual who is employed as a
     librarian in--
       ``(A) a public library that serves a geographic area within
     which the public schools have a combined average of 30
     percent or more of their total student enrollments composed
     of children counted under section 1113(a)(5) of the
     Elementary and Secondary Education Act of 1965; or
       ``(B) a high-need school.
       ``(5) Highly qualified teachers: serving students who are
     limited english proficient, low-income communities, and
     underrepresented populations.--An individual who--
       ``(A) is highly qualified as such term is defined in
     section 9101 of the Elementary and Secondary Education Act of
     1965; and
       ``(B)(i) is employed as a teacher educating students who
     are limited English proficient;
       ``(ii) is employed as a teacher in a high-need school; or
       ``(iii) is an individual from an underrepresented
     population in the teaching profession, as determined by the
     Secretary.
       ``(6) Child welfare workers.--An individual who--
       ``(A) has obtained a degree in social work or a related
     field with a focus on serving children and families; and
       ``(B) is employed in public or private child welfare
     services.
       ``(7) Speech-language pathologists.--An individual who is a
     speech-language pathologist, who is employed in an eligible
     preschool program or an elementary or secondary school, and
     who has, at a minimum, a graduate degree in speech-language
     pathology, or communication sciences and disorders.
       ``(8) National service.--An individual who is engaged as a
     participant in a project under the National and Community
     Service Act of 1990 (as such terms are defined in section 101
     of such Act (42 U.S.C. 12511)).
       ``(9) School counselors.--An individual who is employed as
     a school counselor (as such term is defined in section
     5421(e)(3) of Elementary and Secondary Education Act of 1965
     (20 U.S.C. 7245(e)(3))) in a high-need school.
       ``(10) Public sector employees.--An individual who is
     employed in public safety (including as a first responder,
     firefighter, police officer, or other law enforcement or
     public safety officer), emergency management (including as an
     emergency medical technician), public health (including full-
     time professionals engaged in health care practitioner
     occupations and health care support occupations, as such
     terms are defined by the Bureau of Labor Statistics), or
     public interest legal services (including prosecution or
     public defense or legal advocacy in low-income communities at
     a nonprofit organization).
       ``(11) Nutrition professionals.--An individual who--
       ``(A) is a licensed, certified, or registered dietician who
     has completed a degree in a relevant field; and
       ``(B) has obtained employment in an agency of the special
     supplemental nutrition program for women, infants, and
     children under section 17 of the Child Nutrition Act of 1966
     (42 U.S.C. 1786).
       ``(12) Medical specialists.--An individual who--
       ``(A) has received his or her degree from an accredited
     medical school (as accredited by the Liaison Committee on
     Medical Education or as defined by this title IV); and

[[Page H692]]

       ``(B)(i) has been accepted to, or currently participates
     in, a graduate medical education training program or
     fellowship (or both) to provide health care services (as
     recognized by the Accreditation Council for Graduate Medical
     Education); or
       ``(ii) has been accepted to, or currently participates in,
     a graduate medical education program or fellowship (or both)
     to provide health care services that--
       ``(I) requires more than 5 years of total graduate medical
     training; and
       ``(II) has fewer United States medical school graduate
     applicants than the total number of training and fellowship
     positions available in the programs specified in subclause
     (I) of this clause.
       ``(13) Mental health professionals.--Individuals who have
     at least a master's degree in social work, psychology, or
     psychiatry and who are providing mental health services to
     children, adolescents, or veterans.
       ``(c) Qualified Loan Amount.--At the end of each school,
     academic, or calendar year of full-time employment on or
     after the date of enactment of the College Opportunity and
     Affordability Act of 2007 in an area of national need
     described in subsection (b), not to exceed 5 years, the
     Secretary shall forgive not more than $2,000 of the student
     loan obligation of a borrower that is outstanding after the
     completion of each such school, academic, or calendar year of
     employment, as appropriate, not to exceed $10,000 in the
     aggregate for any borrower.
       ``(d) Priority.--The Secretary shall grant loan forgiveness
     under this section on a first-come, first-served basis, and
     subject to the availability of appropriations.
       ``(e) Construction.--Nothing in this section shall be
     construed to authorize the refunding of any repayment of a
     loan.
       ``(f) Segal Americorps Education Award and National Service
     Award Recipients.--A student borrower who qualifies for the
     maximum education award under subtitle D of title I of the
     National and Community Service Act of 1990 (42 U.S.C. 12601
     et seq.) shall receive under this section the amount, if any,
     by which the maximum benefit available under this section
     exceeds the maximum education award available under such
     subtitle.
       ``(g) Ineligibility for Double Benefits.--No borrower may
     receive a reduction of loan obligations under both this
     section and section 428J or 460.
       ``(h) Definitions.--In this section:
       ``(1) Early childhood educator.--The term `early childhood
     educator' means an early childhood educator who works
     directly with children in an eligible preschool program or
     eligible early childhood education program who has completed
     a baccalaureate or advanced degree in early childhood
     development, early childhood education, or in a field related
     to early childhood education.
       ``(2) Eligible preschool program.--The term `eligible
     preschool program' means a program that provides for the
     care, development, and education of infants, toddlers, or
     young children age 5 and under, meets any applicable State or
     local government licensing, certification, approval, and
     registration requirements, and is operated by--
       ``(A) a public or private school that is supported,
     sponsored, supervised, or administered by a local educational
     agency;
       ``(B) a Head Start agency serving as a grantee designated
     under the Head Start Act (42 U.S.C. 9831 et seq.);
       ``(C) a nonprofit or community based organization; or
       ``(D) a child care program, including a home.
       ``(3) Eligible early childhood education program.--The term
     `eligible early childhood education program' means--
       ``(A) a family child care program, center-based child care
     program, State prekindergarten program, school program, or
     other out-of-home early childhood development care program,
     that--
       ``(i) is licensed or regulated by the State; and
       ``(ii) serves 2 or more unrelated children who are not old
     enough to attend kindergarten;
       ``(B) a Head Start Program carried out under the Head Start
     Act (42 U.S.C. 9831 et seq.); or
       ``(C) an Early Head Start Program carried out under section
     645A of the Head Start Act (42 U.S.C. 9840a).
       ``(4) Low-income community.--The term `low-income
     community' means a school attendance area (as defined in
     section 1113(a)(2)(A) of the Elementary and Secondary
     Education Act of 1965)--
       ``(A) in which 70 percent of households earn less than 85
     percent of the State median household income; or
       ``(B) that includes a high-need school.
       ``(5) Nurse.--The term `nurse' means a nurse who meets all
     of the following:
       ``(A) The nurse graduated from--
       ``(i) an accredited school of nursing (as those terms are
     defined in section 801 of the Public Health Service Act (42
     U.S.C. 296));
       ``(ii) a nursing center; or
       ``(iii) an academic health center that provides nurse
     training.
       ``(B) The nurse holds a valid and unrestricted license to
     practice nursing in the State in which the nurse practices in
     a clinical setting.
       ``(C) The nurse holds one or more of the following:
       ``(i) A graduate degree in nursing, or an equivalent
     degree.
       ``(ii) A nursing degree from a collegiate school of nursing
     (as defined in section 801 of the Public Health Service Act
     (42 U.S.C. 296)).
       ``(iii) A nursing degree from an associate degree school of
     nursing (as defined in section 801 of the Public Health
     Service Act (42 U.S.C. 296)).
       ``(iv) A nursing degree from a diploma school of nursing
     (as defined in section 801 of the Public Health Service Act
     (42 U.S.C. 296)).
       ``(6) Speech-language pathologist.--The term `speech-
     language pathologist' means a speech-language pathologist
     who--
       ``(A) has received, at a minimum, a graduate degree in
     speech-language pathology or communication sciences and
     disorders from an institution of higher education accredited
     by an agency or association recognized by the Secretary
     pursuant to section 496(a) of this Act; and
       ``(B) provides speech-language pathology services under
     section 1861(ll)(1) of the Social Security Act (42 U.S.C.
     1395x(ll)(1)), or meets or exceeds the qualifications for a
     qualified speech-language pathologist under subsection
     (ll)(3) of such section (42 U.S.C. 1395x(ll)(3)).
       ``(i) Authorization of Appropriations.--There are
     authorized to be appropriated to carry out this section such
     sums as may be necessary for fiscal year 2009 and each of the
     4 succeeding fiscal years to provide loan forgiveness in
     accordance with this section.''.

     SEC. 426. LOAN REPAYMENT FOR CIVIL LEGAL ASSISTANCE
                   ATTORNEYS.

       Part B of title IV (20 U.S.C. 1071 et seq.) is amended by
     inserting after section 428K the following new section:

     ``SEC. 428L. LOAN REPAYMENT FOR CIVIL LEGAL ASSISTANCE
                   ATTORNEYS.

       ``(a) Purpose.--The purpose of this section is to encourage
     qualified individuals to enter and continue employment as
     civil legal assistance attorneys.
       ``(b) Definitions.--In this section:
       ``(1) Civil legal assistance attorney.--The term `civil
     legal assistance attorney' means an attorney who--
       ``(A) is a full-time employee of a nonprofit organization
     that provides legal assistance with respect to civil matters
     to low-income individuals without a fee;
       ``(B) as such employee, provides civil legal assistance as
     described in subparagraph (A) on a full-time basis; and
       ``(C) is continually licensed to practice law.
       ``(2) Student loan.--The term `student loan' means--
       ``(A) subject to subparagraph (B), a loan made, insured, or
     guaranteed under part B, D, or E of this title; and
       ``(B) a loan made under section 428C or 455(g), to the
     extent that such loan was used to repay--
       ``(i) a Federal Direct Stafford Loan, a Federal Direct
     Unsubsidized Stafford Loan, or a Federal Direct PLUS Loan;
       ``(ii) a loan made under section 428, 428B, or 428H; or
       ``(iii) a loan made under part E.
       ``(c) Program Authorized.--The Secretary shall carry out a
     program of assuming the obligation to repay a student loan,
     by direct payments on behalf of a borrower to the holder or
     the Secretary in the case of a loan under part D or E of such
     loan, in accordance with subsection (d), for any borrower
     who--
       ``(1) is employed as a civil legal assistance attorney; and
       ``(2) is not in default on a loan for which the borrower
     seeks repayment.
       ``(d) Terms of Agreement.--
       ``(1) In general.--To be eligible to receive repayment
     benefits under subsection (c), a borrower shall enter into a
     written agreement with the Secretary that specifies that--
       ``(A) the borrower will remain employed as a civil legal
     assistance attorney for a required period of service of not
     less than 3 years, unless involuntarily separated from that
     employment;
       ``(B) if the borrower is involuntarily separated from
     employment on account of misconduct, or voluntarily separates
     from employment, before the end of the period specified in
     the agreement, the borrower will repay the Secretary the
     amount of any benefits received by such employee under this
     agreement;
       ``(C) if the borrower is required to repay an amount to the
     Secretary under subparagraph (B) and fails to repay such
     amount, a sum equal to that amount shall be recoverable by
     the Federal Government from the employee by such methods as
     are provided by law for the recovery of amounts owed to the
     Federal Government;
       ``(D) the Secretary may waive, in whole or in part, a right
     of recovery under this subsection if it is shown that
     recovery would be against equity and good conscience or
     against the public interest; and
       ``(E) the Secretary shall make student loan payments under
     this section for the period of the agreement, subject to the
     availability of appropriations.
       ``(2) Repayments.--
       ``(A) In general.--Any amount repaid by, or recovered from,
     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
     available for the same purposes and period, and subject to
     the same limitations, if any, as the sums with which the
     amount was merged.
       ``(3) Limitations.--
       ``(A) Student loan payment amount.--Student loan repayments
     made by the Secretary under this section shall be made
     subject to such terms, limitations, or conditions as may be
     mutually agreed upon by the borrower and the Secretary in an
     agreement under paragraph (1), except that the amount paid by
     the Secretary under this section shall not exceed--
       ``(i) $6,000 for any borrower in any calendar year; or
       ``(ii) an aggregate total of $40,000 in the case of any
     borrower.
       ``(B) Beginning of payments.--Nothing in this section shall
     authorize the Secretary to pay any amount to reimburse a
     borrower for any repayments made by such borrower prior to
     the date on which the Secretary entered into an agreement
     with the borrower under this subsection.

[[Page H693]]

       ``(e) Additional Agreements.--
       ``(1) In general.--On completion of the required period of
     service under an agreement under subsection (d), the borrower
     and the Secretary may, subject to paragraph (2), enter into
     an additional agreement in accordance with subsection (d).
       ``(2) Term.--An agreement entered into under paragraph (1)
     may specify that, notwithstanding subsection (d)(1)(A), the
     required period of service during which the borrower will
     remain employed as a civil legal assistance attorney may be
     less than 3 years.
       ``(f) Award Basis; Priority.--
       ``(1) Award basis.--Subject to paragraph (2), the Secretary
     shall provide repayment benefits under this section on a
     first-come, first-served basis, and subject to the
     availability of appropriations.
       ``(2) Priority.--The Secretary shall give priority in
     providing repayment benefits under this section in any fiscal
     year to a borrower who--
       ``(A) has practiced law for 5 years or less and, for at
     least 90 percent of the time in such practice, has served as
     a civil legal assistance attorney;
       ``(B) received repayment benefits under this section during
     the preceding fiscal year; and
       ``(C) has completed less than 3 years of the first required
     period of service specified for the borrower in an agreement
     entered into under subsection (d).
       ``(g) Regulations.--The Secretary is authorized to issue
     such regulations as may be necessary to carry out the
     provisions of this section.
       ``(h) Authorization of Appropriations.--There are
     authorized to be appropriated to carry out this section
     $10,000,000 for fiscal year 2009 and such sums as may be
     necessary for each of the 4 succeeding fiscal years.''.

     SEC. 427. SETTLEMENT OF CLAIMS.

       Section 432(b) (20 U.S.C. 1082(b)) is amended by adding at
     the end the following: ``The Secretary may not enter into any
     settlement of any claim under this Act that exceeds
     $1,000,000 unless the Secretary has asked the Attorney
     General to review the settlement agreement and issue an
     opinion to the Secretary and the authorizing committees
     related to such proposed settlement.''.

     SEC. 428. DELINQUENCY PREVENTION, DEFAULT AVERSION, AND
                   CONSUMER EDUCATION INFORMATION PROGRAMS.

       Part B of title IV is further amended by inserting after
     section 433 (20 U.S.C. 1083) the following new section:

     ``SEC. 433A. DELINQUENCY PREVENTION, DEFAULT AVERSION, AND
                   CONSUMER EDUCATION INFORMATION PROGRAMS.

       ``(a) Guaranty Agency Duty.--Each guaranty agency, with
     respect to loans insured by the agency, shall develop
     specific programs designed to prevent delinquencies and avert
     defaults.
       ``(b) Training for Students and Families.--Each guaranty
     agency, after consulting with institutions of higher
     education (including institutions of higher education
     participating in the William Ford Direct Loan Program), shall
     develop and make available high quality educational programs
     and materials to provide training for students and families
     in budgeting and financial management, including debt
     management and other aspects of financial literacy, such as
     the cost of using high interest loans to pay for
     postsecondary education. Such programs and materials shall
     address budgeting and financial management relating to
     student loans, and shall be made available to students and
     families, in a form and language that is understandable,
     before, during, and after the students' enrollment.
       ``(c) Rule of Construction.--Nothing in this section shall
     be construed to prohibit a guaranty agency from using
     existing activities, programs, and materials in meeting the
     requirements of this section.''.

     SEC. 429. DEFINITION OF ELIGIBLE LENDER.

       Section 435(d)(1)(A)(ii) (20 U.S.C. 1085(d)(1)(A)(ii)) is
     amended--
       (1) by striking ``part, or (III)'' and inserting ``part,
     (III)''; and
       (2) by inserting before the semicolon at the end the
     following: ``, or (IV) it is a National or State chartered
     bank with assets of less than $1,000,000,000''.

     SEC. 430. COHORT DEFAULT RATES.

       Section 435(m) (20 U.S.C. 1085(m)) is amended--
       (1) in the first sentence of paragraph (1)(A), by striking
     ``end of the following fiscal year'' and inserting
     ``beginning of the third fiscal year following the fiscal
     year in which the students entered repayment'';
       (2) in paragraph (1)(C), by striking ``end of the fiscal
     year immediately following the year in which they entered
     repayment'' and inserting ``beginning of the third fiscal
     year following the year in which they entered repayment'';
       (3) in paragraph (2)(C), by striking ``end of such
     following fiscal year is not considered as in default for the
     purposes of this subsection'' and inserting ``beginning of
     the third fiscal year following the year in which the loan
     entered repayment is not considered as in default for
     purposes of this subsection''; and
       (4) in paragraph (4)--
       (A) by amending the header to read as follows: ``Collection
     and reporting of cohort default rates and life of cohort
     default rates.--''; and
       (B) by amending subparagraph (A) to read as follows:
       ``(A) The Secretary shall collect data from all insurers
     under this part and shall publish not less often than once
     every fiscal year a report showing cohort default data and
     life of cohort default data for each category of institution,
     including (i) 4-year public institutions, (ii) 4-year private
     nonprofit institutions, (iii) 2-year public institutions,
     (iv) 2-year private institutions, (v) 4-year proprietary
     institutions, (vi) 2-year proprietary institutions, and (vii)
     less than 2-year proprietary institutions. For purposes of
     this subparagraph, the life of cohort default rate means, for
     any fiscal year in which 1 or more current and former
     students at an institution enter repayment on loans under
     section 428, 428A, or 428H, received for attendance at the
     institution, the percentage of those current and former
     students who enter repayment on such loans (or on the portion
     of a loan made under section 428C that is used to repay any
     such loans) received for attendance at the institution in
     that fiscal year who default before the end of each
     succeeding fiscal year.''.

     SEC. 431. DISABILITY DETERMINATIONS.

       Section 437(a) (20 U.S.C. 1087(a)) is amended by adding at
     the end the following new sentence: ``A borrower who receives
     a permanent total disability rating from the Secretary of
     Veterans Affairs, and who provides documentation of such
     rating to the Secretary of Education, shall be considered
     permanently and totally disabled for the purpose of
     discharging such borrower's loans under this subsection, and
     such borrower shall not be required to present additional
     documentation for purposes of this subsection.''.

                       PART C--COLLEGE WORK/STUDY

     SEC. 441. REAUTHORIZATION.

       (a) Extension of Authority.--Section 441 (42 U.S.C. 2751)
     is amended--
       (1) in subsection (b), by striking ``$1,000,000,000 for
     fiscal year 1999'' and inserting ``$1,500,000,000 for fiscal
     year 2009''; and
       (2) in subsection (c)--
       (A) by striking ``and'' at the end of paragraph (3);
       (B) by striking the period at the end of paragraph (4) and
     inserting ``; and''; and
       (C) by adding at the end the following new paragraph:
       ``(5) responding to the needs of the community, which may
     include activities in preparation for and during emergencies
     and natural disasters.''.
       (b) Allowance for Books and Supplies.--Section 442(c)(4)(D)
     (42 U.S.C. 2752(d)(4)(D)) is amended by striking ``$450'' and
     inserting ``$600''.

     SEC. 442. ADDITIONAL FUNDS FOR OFF-CAMPUS COMMUNITY SERVICE.

       Section 447 (42 U.S.C. 2756a) is amended--
       (1) by striking ``Each institution participating'' and
     inserting ``(a) Community Service-Learning.--Each institution
     participating''; and
       (2) by adding at the end the following new subsection:
       ``(b) Off-Campus Community Service.--
       ``(1) Grants authorized.--In addition to funds made
     available under section 443(b)(2)(B), the Secretary is
     authorized to award grants to institutions participating
     under this part to supplement off-campus community service
     employment.
       ``(2) Use of funds.--In any year in which section
     443(b)(2)(B) applies, an institution shall ensure that funds
     granted to such institution under this subsection are used in
     accordance with such section 443 to recruit and compensate
     students (including compensation for time spent in training
     and for travel directly related to such community service).
       ``(3) Priority.--In awarding grants under this subsection,
     the Secretary shall give priority to applications that
     support postsecondary students assisting with early childhood
     education activities and activities in preparation for and
     during emergencies and natural disasters.
       ``(4) Authorization of appropriations.--There are
     authorized to be appropriated to carry out this subsection
     such sums as may be necessary for fiscal year 2009 and each
     of the 4 succeeding fiscal years.''.

     SEC. 443. WORK COLLEGES.

       (a) Work-Learning-Service.--Section 448 (42 U.S.C. 2756b)
     is amended by striking ``work-learning'' each place it
     appears and inserting ``work-learning-service''.
       (b) Definition.--Section 448(e) is amended to read as
     follows:
       ``(e) Definitions.--For the purpose of this section--
       ``(1) the term `work college' means an eligible institution
     that--
       ``(A) has been a public or private nonprofit, four-year,
     degree granting institution with a commitment to community
     service;
       ``(B) has operated a comprehensive work-learning-service
     program for at least 2 years;
       ``(C) requires all resident students, including at least
     one-half of all students who are enrolled on a full-time
     basis, to participate in a comprehensive work-learning-
     service program for at least 5 hours each week, or at least
     80 hours during each period of enrollment, except summer
     school, unless the student is engaged in an institutionally
     organized or approved study abroad or externship program; and
       ``(D) provides students participating in the comprehensive
     work-learning-service program with the opportunity to
     contribute to their education and to the welfare of the
     community as a whole; and
       ``(2) the term `comprehensive student work-learning-service
     program' means a student work-learning-service program that--
       ``(A) is an integral and stated part of the institution's
     educational philosophy and program;
       ``(B) requires participation of all resident students for
     enrollment and graduation;
       ``(C) includes learning objectives, evaluation, and a
     record of work performance as part of the student's college
     record;
       ``(D) provides programmatic leadership by college personnel
     at levels comparable to traditional academic programs;
       ``(E) recognizes the educational role of work-learning-
     service supervisors; and
       ``(F) includes consequences for nonperformance or failure
     in the work-learning-service program similar to the
     consequences for failure in the regular academic program.''.

[[Page H694]]

       (c) Authorization.--Section 448(f) is amended--
       (1) by striking ``$5,000,000'' and inserting ``such sums as
     may be necessary''; and
       (2) by striking ``1999'' and inserting ``2009''.

                  PART D--FEDERAL DIRECT STUDENT LOANS

     SEC. 451. REAUTHORIZATION.

       Section 458(a) (20 U.S.C. 1087h(a)) is amended--
       (1) in paragraph (2)--
       (A) in the heading of such paragraph, by striking ``2011''
     and inserting ``2013''; and
       (B) by striking ``2011'' and inserting ``2013''; and
       (2) in paragraph (3), by striking ``2011'' and inserting
     ``2013''.

     SEC. 452. PUBLIC SERVICE JOB DEFINITION.

       Section 455(m)(3)(B) (20 U.S.C. 1087e(m)(3)(B)) is amended
     to read as follows:
       ``(B) Public service job.--The term `public service job'
     means--
       ``(i) a full-time job in emergency management, government
     (excluding time served as a member of Congress), military
     service, public safety, law enforcement, public health
     (including nurses, nurse practitioners, nurses in a clinical
     setting, and full-time professionals engaged in health care
     practitioner occupations and health care support occupations,
     as such terms are defined by the Bureau of Labor Statistics),
     public education, social work in a public child or family
     service agency, public interest law services (including
     prosecution or public defense or legal advocacy on behalf of
     low-income communities at a nonprofit organization), early
     childhood education (including licensed or regulated
     childcare, Head Start, and State funded prekindergarten),
     public service for individuals with disabilities, public
     service for the elderly, public library sciences, school-
     based library sciences and other school-based services, or at
     an organization that is described in section 501(c)(3) of the
     Internal Revenue Code of 1986 and exempt from taxation under
     section 501(a) of such Code; or
       ``(ii) teaching as a full-time faculty member at a Tribal
     College or University as defined in section 316(b) and other
     faculty teaching in high-needs subject areas or areas of
     shortage (including nurse faculty, foreign language faculty
     and part-time faculty at community colleges), as determined
     by the Secretary.''.

     SEC. 453. IDENTITY FRAUD PROTECTION.

       Section 455 (20 U.S.C. 1087e) is further amended by adding
     at the end the following new subsection:
       ``(n) Identity Fraud Protection.--The Secretary of
     Education shall take such steps as may be necessary to ensure
     that monthly Direct Loan statements and other publications of
     the Department of Education do not contain more than 4 digits
     of the Social Security number of any individual.''.

     SEC. 454. DIRECT LOAN PROGRAM AUDIT AND REPORTING
                   REQUIREMENTS.

       (a) Audit of Direct Loan Servicing Portfolio and Direct
     Loan Servicing Contracts.--Section 458 (20 U.S.C. 1087h) is
     amended by adding at the end the following:
       ``(d) Audit of Direct Loan Servicing Portfolio and Direct
     Loan Servicing Contracts.--The Secretary shall have a
     financial and compliance audit of all loans owned by the
     Department of Education and made under the William D. Ford
     Federal Direct Loan Program and all contracts for the
     origination, servicing, collection, and related activities of
     such loans, conducted annually by a qualified independent
     organization from a list of qualified organizations
     promulgated by the Secretary in accordance with standards
     established by the Comptroller General. The standards shall
     measure the servicer's compliance with the due diligence
     standards and shall include a defined statistical sampling
     technique designed to measure the performance rating of the
     servicer for the purpose of this section. The Secretary shall
     submit the audit to Congress within 60 days of its completion
     and shall at the same time make the results of the audit
     publicly available.''.
       (b) Quarterly Reporting of Administrative Expenses.--
     Section 458 (20 U.S.C. 1087h) is further amended by adding at
     the end the following:
       ``(e) Budget Justification and Quarterly Reports.--In
     addition to the requirements of subsection (c), and as a
     prerequisite to expending funds under this section, the
     Secretary shall--
       ``(1) make publicly available immediately upon providing to
     Congress, its annual budget justification referenced in the
     last sentence of subsection (c), including the detailed
     descriptions of activities and the costs for each such
     activity; and
       ``(2) make publicly available within 30 days of the close
     of each calendar quarter, an interim report with at least the
     same level of detail as the annual report referred to above,
     showing the detailed descriptions of activities and the costs
     for each such activity, for the quarter, which shall
     include--
       ``(A) amendments to any contracts entered into by the
     Department for the purposes of servicing, origination,
     consolidating, or otherwise providing administrative support
     for the Direct Loan program;
       ``(B) a complete listing of all milestones for upgrades and
     improvements in any of the contracts referenced in section
     458(d)(1) and the progress towards meeting such milestones;
       ``(C) un-reconciled balances in held loans by year of
     origination;
       ``(D) status and number of defaulted loans by length of
     default in 30-day increments;
       ``(E) status and number of delinquent loans by length of
     delinquency in 30-day increments;
       ``(F) information technology purchases made under this
     section; and
       ``(G) costs and terms of all contracts with external
     consultants and employees of institutions of higher
     education.''.
       (c) Annual Reporting of Impact of Direct Loan Program
     Treasury Borrowing on National Debt.--Section 458 (20 U.S.C.
     1087(h)) is further amended by adding at the end the
     following subsection:
       ``(f) National Debt Report Card.--The Secretary shall make
     an annual report to Congress, included with the budget
     justification for the Department, of the aggregate dollar
     amount of increase in the national debt as a result of loans
     made under part D of this title. This reporting shall be made
     by calculating the net of the total outstanding amount lent
     by the Department and the United States Treasury, less the
     balance in principal of performing and non-defaulted loans
     outstanding in the Department's portfolio.''.

                         PART E--PERKINS LOANS

     SEC. 461. EXTENSION OF AUTHORITY.

       Section 461(b) (20 U.S.C. 1087aa(b)) is amended--
       (1) in paragraph (1), by striking ``$250,000,000 for fiscal
     year 1999'' and inserting ``$350,000,000 for fiscal year
     2009''; and
       (2) in paragraph (2), by striking ``2003'' each place it
     appears and inserting ``2014''.

     SEC. 462. ALLOWANCE FOR BOOKS AND SUPPLIES.

       Section 462(c)(4)(D) (20 U.S.C. 1087bb(c)(4)(D)) is amended
     by striking ``$450'' and inserting ``$600''.

     SEC. 463. AGREEMENTS WITH INSTITUTIONS.

       (a) Transfers for Collection.--Section 463(a)(4)(B) (20
     U.S.C. 1087cc(a)(4)(B)) is amended to read as follows:
       ``(B) if the institution is not one described in
     subparagraph (A), the Secretary may allow such institution to
     refer such note or agreement to the Secretary, without
     recompense, except that any sums collected on such a loan
     (less an amount not to exceed 30 percent of any such sums
     collected to cover the Secretary's collection costs) shall be
     repaid to such institution no later than 180 days after
     collection by the Secretary and treated as an additional
     capital contribution under section 462;''.
       (b) Revise Authority To Prescribe Additional Fiscal
     Controls.--Section 463(a)(9) (20 U.S.C. 1087cc(a)(9)) is
     amended by inserting ``, except that nothing in this
     paragraph shall be construed to permit the Secretary to
     require the assignment of loans to the Secretary other than
     as is provided for in paragraphs (4) and (5)'' before the
     period.

     SEC. 464. PERKINS LOAN TERMS AND CONDITIONS.

       (a) Loan Limits.--Section 464(a) (20 U.S.C. 1087dd(a)) is
     amended--
       (1) in paragraph (2)(A)--
       (A) by striking ``$4,000'' in clause (i) and inserting
     ``$5,500''; and
       (B) by striking ``$6,000'' in clause (ii) and inserting
     ``$8,000''; and
       (2) in paragraph (2)(B)--
       (A) by striking ``$40,000'' in clause (i) and inserting
     ``$60,000'';
       (B) by striking ``$20,000'' in clause (ii) and inserting
     ``$27,500''; and
       (C) by striking ``$8,000'' in clause (iii) and inserting
     ``$11,000''.
       (b) Forbearance.--Section 464 (20 U.S.C. 1087dd) is further
     amended--
       (1) in subsection (e)--
       (A) in the matter preceding paragraph (1), by striking ``,
     upon written request,'' and inserting ``, as documented in
     accordance with paragraph (2),'';
       (B) by redesignating paragraphs (1) through (3) as
     subparagraphs (A) through (C), respectively;
       (C) by inserting ``(1)'' after ``Forbearance.--''; and
       (D) by adding at the end the following:
       ``(2) For the purpose of paragraph (1), the terms of
     forbearance agreed to by the parties shall be documented by--
       ``(A) confirming the agreement of the borrower by notice to
     the borrower from the institution of higher education; and
       ``(B) recording the terms in the borrower's file.'';
       (2) in subsection (h)(1)(A), by striking ``12 ontime'' and
     inserting ``9 on-time''; and
       (3) in subsection (j)(2), by striking ``(e)(3)'' and
     inserting ``(e)(1)(C)''.

     SEC. 465. CANCELLATION FOR PUBLIC SERVICE.

       Section 465(a) (20 U.S.C. 1087ee(a)) is amended--
       (1) in paragraph (2)--
       (A) by amending subparagraph (A) to read as follows:
       ``(A) as a full-time teacher for service in an academic
     year in a high-need school;'';
       (B) in subparagraph (B), by striking ``Head Start Act
     which'' and inserting ``Head Start Act, or in a
     prekindergarten or child care program that is licensed or
     regulated by the State, that'';
       (C) in subparagraph (H), by striking ``or'' after the
     semicolon;
       (D) in subparagraph (I), by striking the period and
     inserting a semicolon; and
       (E) by inserting before the matter following subparagraph
     (I) the following:
       ``(J) as a full-time fire fighter for service to a local,
     State, or Federal fire department or fire district;
       ``(K) as a full-time faculty member at a Tribal College or
     University, as that term is defined in section 316;
       ``(L) as a librarian, if the librarian has a master's
     degree in library science and is employed in--
       ``(i) an elementary school or secondary school that is
     eligible for assistance under title I of the Elementary and
     Secondary Education Act of 1965; or
       ``(ii) a public library that serves a geographic area that
     contains 1 or more schools eligible for

[[Page H695]]

     assistance under title I of the Elementary and Secondary
     Education Act of 1965; or
       ``(M) as a full-time speech language therapist, if the
     therapist has a master's degree and is working exclusively
     with schools that are eligible for assistance under title I
     of the Elementary and Secondary Education Act of 1965.''; and
       (2) in paragraph (3)(A)--
       (A) in clause (i)--
       (i) by inserting ``(D),'' after ``(C),''; and
       (ii) by striking ``or (I)'' and inserting ``(I), (J), (K),
     (L), or (M)'';
       (B) in clause (ii), by inserting ``or'' after the
     semicolon;
       (C) by striking clause (iii); and
       (D) by redesignating clause (iv) as clause (iii).

                         PART F--NEED ANALYSIS

     SEC. 471. COST OF ATTENDANCE.

       (a) Amendments.--Section 472(3) (20 U.S.C. 1087kk(3)) is
     amended--
       (1) in subparagraph (B), by striking ``and'' after the
     semicolon;
       (2) by redesignating subparagraph (C) as subparagraph (D);
     and
       (3) by inserting after subparagraph (B), as amended by
     paragraph (1), the following:
       ``(C) for students who live in housing located on a
     military base or for which a basic allowance is provided
     under section 403(b) of title 37, United States Code, shall
     be an allowance based on the expenses reasonably incurred by
     such students for board but not for room; and''.
       (b) Effective Date.--The amendments made by subsection (a)
     shall take effect on July 1, 2009.

     SEC. 472. DISCRETION TO MAKE ADJUSTMENTS FOR NURSING HOME
                   EXPENSES.

       Section 479A(a) (20 U.S.C. 1087tt) is amended by striking
     ``medical or dental expenses'' and inserting ``medical,
     dental, or nursing home expenses''.

     SEC. 473. DEFINITIONS.

       (a) Total Income.--Section 480(a) (20 U.S.C. 1087vv(a)) is
     amended by adding at the end the following new paragraph:
       ``(3) Notwithstanding paragraph (1), with respect to
     dislocated workers (as defined in section 101 of the
     Workforce Investment Act of 1998 (29 U.S.C. 2801)), the term
     `total income' is equal to estimated adjusted gross income
     plus estimated untaxed income and benefits for the current
     tax year minus estimated excludable income (as defined in
     subsection (e)) in for the current tax year.''.
       (b) Untaxed Income and Benefits.--Section 480(b)(6) (20
     U.S.C. 1087vv(b)(6)) is amended by inserting ``, except that
     the value of on-base military housing or the value of basic
     allowance for housing determined under section 403(b) of
     title 37, United States Code, received by the parents, in the
     case of a dependent student, or the student or student's
     spouse, in the case of an independent student, shall be
     excluded'' before the semicolon.
       (c) Treatment of Veterans' Education Benefits in Estimated
     Financial Assistance Calculation.--Section 480(j) (20 U.S.C.
     1087vv(j)) is amended by adding at the end the following new
     paragraph:
       ``(4) Notwithstanding paragraph (1), for the first year a
     student receives veterans' education benefits under chapter
     30 of title 38, United States Code, the amount of such
     veterans' education benefits that is treated as estimated
     financial assistance not received under this title for the
     purposes of section 471(3) shall be calculated by subtracting
     the amount that the student's basic pay was reduced under
     section 3011(b) or 3012(c) of such title in order to be
     eligible to receive such benefits from the amount of such
     veterans' education benefits.''.
       (d) Effective Date.--The amendments made by this section
     are effective on July 1, 2009.

                       PART G--GENERAL PROVISIONS

     SEC. 481. COMPLIANCE CALENDAR.

       Section 482 (20 U.S.C. 1089) is amended by adding at the
     end the following:
       ``(e) Compliance Calendar.--Prior to the beginning of each
     award year, the Secretary shall provide to institutions of
     higher education a list of all the reports and disclosures
     required under this Act. The list shall include--
       ``(1) the date each report or disclosure is required to be
     completed and to be submitted, made available, or
     disseminated;
       ``(2) the required recipients of each report or disclosure;
       ``(3) any required method for transmittal or dissemination
     of each report or disclosure;
       ``(4) a description of the content of each report or
     disclosure sufficient to allow the institution to identify
     the appropriate individuals to be assigned the responsibility
     for such report or disclosure;
       ``(5) references to the statutory authority, applicable
     regulations, and current guidance issued by the Secretary
     regarding each report or disclosure; and
       ``(6) any other information which is pertinent to the
     content or distribution of the report or disclosure.''.

     SEC. 482. IMPROVEMENTS TO PAPER AND ELECTRONIC FORMS AND
                   PROCESSES.

       (a) Common Financial Aid Form Development and Processing.--
     Section 483 (20 U.S.C. 1090) is amended--
       (1) in subsection (a)--
       (A) by striking paragraphs (1), (2), and (5);
       (B) by redesignating paragraphs (3), (4), (6), and (7), as
     paragraphs (9), (10), (11), and (12), respectively;
       (C) by inserting before paragraph (9), as redesignated by
     subparagraph (B), the following:
       ``(1) In general.--The Secretary, in cooperation with
     representatives of agencies and organizations involved in
     student financial assistance, shall produce, distribute, and
     process free of charge common financial reporting forms as
     described in this subsection to be used for application and
     reapplication to determine the need and eligibility of a
     student for financial assistance under parts A through E
     (other than subpart 4 of part A). These forms shall be made
     available to applicants in both paper and electronic formats
     and shall be referred to as the `Free Application for Federal
     Student Aid' or the `FAFSA' . The Secretary shall work to
     make the FAFSA consumer-friendly and to make questions on the
     FAFSA easy for students and parents to read and understand,
     and shall ensure that the FAFSA is available in formats
     accessible to individuals with disabilities.
       ``(2) Early estimates.--The Secretary shall--
       ``(A) permit applicants to enter data in such forms as
     described in this subsection in the years prior to enrollment
     in order to obtain a non-binding estimate of the applicant's
     family contribution (as defined in section 473);
       ``(B) permit applicants to update information submitted on
     forms described in this subsection, without needing to re-
     enter previously submitted information;
       ``(C) develop a means to inform applicants, in the years
     prior to enrollment, of student aid options for individuals
     in similar financial situations; and
       ``(D) develop a means to provide a clear and conspicuous
     notice that the applicant's expected family contribution is
     subject to change and may not reflect the final expected
     family contribution used to determine Federal student
     financial aid award amounts.
       ``(3) Paper format.--
       ``(A) In general.--The Secretary shall produce, distribute,
     and process common forms in paper format to meet the
     requirements of paragraph (1). The Secretary shall develop a
     common paper form for applicants who do not meet the
     requirements of subparagraph (B).
       ``(B) EZ fafsa.--
       ``(i) In general.--The Secretary shall develop and use a
     simplified paper application form, to be known as the EZ
     FAFSA, to be used for applicants meeting the requirements of
     subsections (b) and (c) of section 479.
       ``(ii) Reduced data requirements.--The EZ FAFSA shall
     permit an applicant to submit for financial assistance
     purposes, only the data elements required to make a
     determination of whether the applicant meets the requirements
     under subsections (b) and (c) of section 479.
       ``(iii) State data.--The Secretary shall include on the EZ
     FAFSA such data items as may be necessary to award State
     financial assistance, as provided under paragraph (6), except
     that the Secretary shall not include a State's data if that
     State does not permit its applicants to use the EZ FAFSA for
     State assistance.
       ``(iv) Free availability and processing.--The provisions of
     paragraph (7) shall apply to the EZ FAFSA, and the data
     collected by means of the EZ FAFSA shall be available to
     institutions of higher education, guaranty agencies, and
     States in accordance with paragraph (9).
       ``(v) Testing.--The Secretary shall conduct appropriate
     field testing on the EZ FAFSA.
       ``(C) Promoting the use of electronic fafsa.--
       ``(i) In general.--The Secretary shall make all efforts to
     encourage all applicants to utilize the electronic forms
     described in paragraph (4).
       ``(ii) Maintenance of the fafsa in a printable electronic
     file.--The Secretary shall maintain a version of the paper
     forms described in subparagraphs (A) and (B) in a printable
     electronic file that is easily portable. The printable
     electronic file will be made easily accessible and
     downloadable to students on the same website used to provide
     students with the electronic application forms described in
     paragraph (4) of this subsection. The Secretary shall enable
     students to submit a form created under this subparagraph
     that may be downloaded and printed from an electronic file
     format in order to meet the filing requirements of this
     section and in order to receive aid from programs under this
     title.
       ``(iii) Reporting requirement.--The Secretary shall report
     annually to Congress on the impact of the digital divide on
     students completing applications for title IV aid described
     under this paragraph and paragraph (4). The Secretary will
     also report on the steps taken to eliminate the digital
     divide and reduce production of the paper form described in
     subparagraph (A) of this paragraph. The Secretary's report
     will specifically address the impact of the digital divide on
     the following student populations: independent students,
     traditionally underrepresented students, and dependent
     students.
       ``(4) Electronic format.--
       ``(A) In general.--The Secretary shall produce, distribute,
     and process common forms in electronic format to meet the
     requirements of paragraph (1). The Secretary shall develop
     common electronic forms for applicants who do not meet the
     requirements of subparagraph (C) of this paragraph.
       ``(B) State data.--The Secretary shall include on the
     common electronic forms space for information that needs to
     be entered for the applicant to be eligible for State
     financial assistance, as provided under paragraph (6), except
     the Secretary shall not require applicants to enter data
     required by any State other than the applicant's State of
     residence.
       ``(C) Simplified applications: fafsa on the web.--
       ``(i) In general.--The Secretary shall develop and use a
     simplified electronic application form to be used by
     applicants meeting the requirements under subsections (b) and
     (c) of section 479.
       ``(ii) Reduced data requirements.--The simplified
     electronic application forms shall permit an applicant to
     submit for financial assistance purposes, only the data
     elements required to make a determination of whether the
     applicant meets the requirements under subsection (b) or (c)
     of section 479.
       ``(iii) State data.--The Secretary shall include on the
     simplified electronic application

[[Page H696]]

     forms such data items as may be necessary to award State
     financial assistance, as provided under paragraph (6), except
     that the Secretary shall not require applicants to enter data
     required by any State other than the applicant's State of
     residence.
       ``(iv) Availability and processing.--The data collected by
     means of the simplified electronic application forms shall be
     available to institutions of higher education, guaranty
     agencies, and States in accordance with paragraph (9).
       ``(v) Testing.--The Secretary shall conduct appropriate
     field testing on the forms developed under this subparagraph.
       ``(D) Use of forms.--Nothing in this subsection shall be
     construed to prohibit the use of the forms developed by the
     Secretary pursuant to this paragraph by an eligible
     institution, eligible lender, guaranty agency, State grant
     agency, private computer software provider, a consortium
     thereof, or such other entities as the Secretary may
     designate.
       ``(E) Privacy.--The Secretary shall ensure that data
     collection under this paragraph complies with section 552a of
     title 5, United States Code, and that any entity using the
     electronic version of the forms developed by the Secretary
     pursuant to this paragraph shall maintain reasonable and
     appropriate administrative, technical, and physical
     safeguards to ensure the integrity and confidentiality of the
     information, and to protect against security threats, or
     unauthorized uses or disclosures of the information provided
     on the electronic version of the forms. Data collected by
     such electronic version of the forms shall be used only for
     the application, award, and administration of aid awarded
     under this title, State aid awarded under section 415C, or
     aid awarded by eligible institutions or such entities as the
     Secretary may designate. No data collected by such electronic
     version of the forms shall be used for making final aid
     awards under this title until such data have been processed
     by the Secretary or a contractor or designee of the
     Secretary, except as may be permitted under this title.
       ``(F) Signature.--Notwithstanding any other provision of
     this Act, the Secretary may permit an electronic form under
     this paragraph to be submitted without a signature, if a
     signature is subsequently submitted by the applicant or if
     the applicant uses a personal identification number provided
     by the Secretary under subparagraph (G) of this paragraph.
       ``(G) Personal identification numbers authorized.--The
     Secretary may assign to applicants personal identification
     numbers--
       ``(i) to enable the applicants to use such numbers in lieu
     of a signature for purposes of completing a form under this
     paragraph;
       ``(ii) to enable the applicants to use such numbers in lieu
     of a signature for purposes of completing forms required by
     States under section 415C; and
       ``(iii) for any purpose determined by the Secretary to
     enable the Secretary to carry out this title.
       ``(H) Personal identification number improvement.--The
     Secretary shall implement a real-time data match between the
     Social Security Administration and the Department to minimize
     the time required for an applicant to obtain a personal
     identification number when applying for aid under this title
     through an electronic version of a form developed under this
     paragraph.
       ``(5) Streamlining.--
       ``(A) Streamlined reapplication process.--
       ``(i) In general.--The Secretary shall develop streamlined
     reapplication forms and processes, including both paper and
     electronic reapplication processes, consistent with the
     requirements of this subsection, for an applicant who applies
     for financial assistance under this title in the next
     succeeding academic year subsequent to the year in which such
     applicant first applied for financial assistance under this
     title.
       ``(ii) Mechanisms for reapplication.--The Secretary shall
     develop appropriate mechanisms to support reapplication.
       ``(iii) Identification of updated data.--The Secretary
     shall determine, in cooperation with States, institutions of
     higher education, agencies, and organizations involved in
     student financial assistance, the data elements that can be
     updated from the previous academic year's application.
       ``(iv) Reduced data authorized.--Nothing in this title
     shall be construed as limiting the authority of the Secretary
     to reduce the number of data elements required of
     reapplicants.
       ``(v) Zero family contribution.--Applicants determined to
     have a zero family contribution pursuant to section 479(c)
     shall not be required to provide any financial data in a
     reapplication form, except that which is necessary to
     determine eligibility under such section.
       ``(B) Reduction of data elements.--
       ``(i) Reduction encouraged.--Of the number of data elements
     on the FAFSA on the date of enactment of the College
     Opportunity and Affordability Act of 2007 (including
     questions on the FAFSA for the purposes described in
     paragraph (6)), the Secretary, in cooperation with
     representatives of agencies and organizations involved in
     student financial assistance, shall continue to reduce the
     number of such data elements required to be entered by all
     applicants, with the goal of reducing such number by 50
     percent. Reductions of data elements under paragraph (3)(B),
     (4)(C), or (5)(A)(iv) shall not be counted towards such
     reduction unless those data elements are reduced for all
     applicants.
       ``(ii) Report.--The Secretary shall submit a report on the
     process of this reduction to each the authorizing committees
     within 2 years after such date of enactment.
       ``(6) State requirements.--
       ``(A) In general.--The Secretary shall include on the forms
     developed under this subsection, such State-specific
     nonfinancial data items as the Secretary determines are
     necessary to meet State requirements for need-based State aid
     under section 415C, except as provided in paragraphs
     (3)(B)(iii) and (4)(C)(iii) of this subsection. Such items
     shall be selected in consultation with State agencies that
     submit applications under section 415C in order to assist in
     the awarding of State financial assistance in accordance with
     the terms of this subsection, except as provided in
     paragraphs (3)(B)(iii) and (4)(C)(iii) of this subsection.
     The number of such data items shall not be less than the
     number included on the form for the 2008-2009 academic year,
     unless a State notifies the Secretary that the State no
     longer requires those data items for the distribution of
     State need-based aid.
       ``(B) Annual review.--The Secretary shall conduct an annual
     review process to determine which forms and nonfinancial data
     items the States require to award need-based State aid and
     other application requirements that the States may impose.
       ``(C) State use of simplified forms.--The Secretary shall
     encourage States to take such steps as necessary to encourage
     the use of simplified application forms, including those
     described in paragraphs (3)(B) and (4)(C), to meet the
     requirements under subsection (b) or (c) of section 479.
       ``(D) Federal register notice.--The Secretary shall publish
     on an annual basis a notice in the Federal Register requiring
     State agencies to inform the Secretary--
       ``(i) if the State agency is unable to permit applicants to
     utilize the simplified application forms described in
     paragraphs (3)(B) and (4)(C); and
       ``(ii) of the State-specific nonfinancial data that the
     State agency requires for delivery of State need-based
     financial aid.
       ``(E) State notification to the secretary.--
       ``(i) In general.--Each State agency that submits an
     application under section 415C shall notify the Secretary--

       ``(I) whether the State permits an applicant to file a form
     described in paragraph (3)(B) or (4)(A) of this subsection
     for purposes of determining eligibility for State need-based
     grant aid; and
       ``(II) the State-specific nonfinancial data that the State
     agency requires for delivery of State need-based financial
     aid.

       ``(ii) Acceptance of forms.--In the event that a State does
     not permit an applicant to file a form described in paragraph
     (3)(B) or (4)(A) of this subsection for purposes of
     determining eligibility for State need-based grant aid--

       ``(I) the State shall notify the Secretary if the State is
     not permitted to do so because of either State law or because
     of agency policy; and
       ``(II) the notification under subclause (I) shall include
     an estimate of the program cost to permit applicants to
     complete simplified application forms under paragraphs (3)(B)
     and (4)(A) of this subsection.

       ``(iii) Lack of notification by the state.--If a State does
     not notify the Secretary pursuant to clause (i), the
     Secretary shall--

       ``(I) permit residents of that State to complete simplified
     application forms under paragraphs (3)(B) and (4)(A) of this
     subsection; and
       ``(II) not require any resident of that State to complete
     any nonfinancial data previously required by that State under
     this section.

       ``(7) Charges to students and parents for use of forms
     prohibited.--
       ``(A) Fees prohibited.--The FAFSA, in whatever form
     (including the EZ FAFSA, paper, electronic, simplified, or
     reapplication), shall be produced, distributed, and processed
     by the Secretary and no parent or student shall be charged a
     fee for the collection, processing, or delivery of financial
     aid through the use of the FAFSA. The need and eligibility of
     a student for financial assistance under parts A through E of
     this title (other than under subpart 4 of part A) may only be
     determined by using the FAFSA developed by the Secretary
     pursuant to this subsection. No student may receive
     assistance under parts A through E of this title (other than
     under subpart 4 of part A), except by use of the FAFSA
     developed by the Secretary pursuant to this subsection. No
     data collected on a form for which a fee is charged shall be
     used to complete the FAFSA.
       ``(B) Notice.--Any entity that provides to students and
     parents, or charges students or parents for, any value-added
     services with respect to or in connection with the FAFSA,
     such as completion of the FAFSA, submission of the FAFSA, or
     tracking of the FAFSA for a student, shall provide to
     students and parents clear and conspicuous notice that--
       ``(i) the FAFSA is a free Federal student aid application;
       ``(ii) the FAFSA can be completed without professional
     assistance; and
       ``(iii) includes the current Internet address for the FAFSA
     on the Department's web site.
       ``(8) Application processing cycle.--The Secretary shall
     enable students to submit a form created under this
     subsection in order to meet the filing requirements of this
     section and in order to receive aid from programs under this
     title and shall initiate the processing of applications under
     this subsection as early as practicable prior to October 15
     of the year prior to the student's planned year of
     enrollment.'';
       (2) by adding at the end of subsection (a) the following
     paragraph:
       ``(13) Early application and award demonstration program.--
       ``(A) Program required.--The Secretary shall, no later than
     two years after the date of the enactment of the College
     Opportunity and Affordability Act of 2007, implement an early
     application demonstration program enabling dependent students
     to--
       ``(i) complete applications under this subsection in such
     students' junior year of secondary school, or in the academic
     year that is 2 years prior to such students' intended year of

[[Page H697]]

     enrollment at an institution of higher education;
       ``(ii) receive an estimate of such students' financial aid
     awards;
       ``(iii) update, in the year prior to such students' planned
     year of enrollment, the information contained in an
     application submitted under clause (i), using the process
     described in paragraph (5) to determine such students' final
     financial aid awards; and
       ``(iv) receive final financial aid awards based on updated
     information described in clause (iii).
       ``(B) Purpose and objectives.--The purpose of the
     demonstration program under this paragraph shall be to
     measure the benefits, in terms of student aspirations and
     plans to attend college, and the adverse effects, in terms of
     program costs, integrity, distribution, and delivery of aid
     under this title, of implementing an early application system
     for all dependent students that allows dependent students to
     apply for financial aid using information from the year prior
     to the year prior to enrollment. Additional objectives
     associated with implementation of the demonstration program
     are the following:
       ``(i) Measure the feasibility of enabling dependent
     students to apply for Federal, State, and institutional
     financial aid in their junior year of high school, using
     information from the year prior to the year prior to
     enrollment, by completing any of the application forms under
     this subsection.
       ``(ii) Identify whether receiving final financial aid
     awards no later than the fall of the senior year provides
     students with additional time to compete for the limited
     resources available for State and institutional financial aid
     and positively impacts the college aspirations and plans of
     these students.
       ``(iii) Measure the impact of using income information from
     the years prior to enrollment on--

       ``(I) eligibility for financial aid under this title and
     for other State and institutional aid; and
       ``(II) the cost of financial aid programs under this title.

       ``(iv) Effectively evaluate the benefits and adverse
     effects of the demonstration program on program costs,
     integrity, distribution, and delivery of aid.
       ``(C) Participants.--The Secretary shall select States and
     institutions within those States to participate in the
     demonstration program under this paragraph that are
     participating in the programs under this title and that are
     willing to make final financial aid awards to students based
     on their application information from the year prior to the
     year prior to enrollment. The Secretary shall also select as
     participants in the demonstration program secondary schools
     and dependent students that are located in the participating
     States.
       ``(D) Application process.--The Secretary shall insure that
     the following provisions are included in the demonstration
     program:
       ``(i) Participating States and institutions shall--

       ``(I) encourage participating students to apply for
     estimates of financial aid awards as provided under this
     title in such students' junior year of secondary school, or
     in the academic year that is 2 years prior to such students'
     intended year of enrollment at an institution of higher
     education, using the most recent information available; and
       ``(II) make final financial aid awards to participating
     students based on the updated information contained on a form
     submitted using the process described in paragraph (5).

       ``(ii) Financial aid administrators at participating
     institutions shall be allowed to use their discretion in
     awarding financial aid to participating students, as outlined
     under section 479A and section 480(d)(7).
       ``(E) Evaluation.--The Secretary shall conduct a rigorous
     evaluation of this demonstration program in order to measure
     its benefits and adverse effects as indicated under
     subparagraph (A).
       ``(F) Outreach.--The Secretary shall make appropriate
     efforts in order to notify States of the demonstration
     program under this paragraph. Upon determination of
     participating States, the Secretary shall continue to make
     efforts to notify institutions and dependent students within
     participating States of the opportunity to participate in the
     demonstration program and of the participation requirements.
       ``(G) Consultation.--The Secretary shall consult with the
     Advisory Committee on Student Financial Assistance,
     established under section 491, on the design and
     implementation of the demonstration program and on the
     evaluation described in subparagraph (E).'';
       (3) by striking subsection (b); and
       (4) by redesignating subsections (c), (d), and (e) as
     subsections (b), (c), and (d), respectively.
       (b) Master Calendar.--Section 482(a)(1) (20 U.S.C.
     1089(a)(1)) is amended by striking subparagraphs (B) and (C)
     and inserting the following:
       ``(B) by March 1: proposed modifications, updates, and
     notices pursuant to sections 478 and 483(a)(6) published in
     the Federal Register;
       ``(C) by June 1: final modifications, updates, and notices
     pursuant to sections 478 and 483(a)(6) published in the
     Federal Register;''.
       (c) Model Institution Financial Aid Offer Form.--
       (1) Report and model format.--Not later than 1 year after
     the date of enactment of the College Opportunity and
     Affordability Act of 2007, the Secretary shall--
       (A) prepare a report on the adequacy of the financial aid
     offer forms provided by institutions of higher education to
     students and the parents of such students, after consulting
     with--
       (i) students;
       (ii) parents of students;
       (iii) representatives of institutions of higher education
     (including financial aid administrators, registrars, and
     business officers); and
       (iv) consumer groups that receive no commercial or
     institution of higher education support;
       (B) include in the report a model format for financial aid
     offer forms that--
       (i) is based on the report's findings; and
       (ii) includes the information described in paragraph (2);
     and
       (C)(i) submit the report and model format to the
     authorizing committees (as defined in section 103 of the
     Higher Education Act of 1965 (20 U.S.C. 1003); and
       (ii) make the report and model format available to
     institutions of higher education, lenders, and the public.
       (2) Model format contents.--The model financial aid offer
     format developed under paragraph (1) shall present, in a
     consumer-friendly manner, the following information:
       (A) The student's cost of attendance for the year for which
     the institution of higher education is issuing the financial
     aid offer form, including the actual or estimated costs
     included in the cost of attendance for such year for each of
     the following:
       (i) Tuition and fees.
       (ii) Room and board costs.
       (iii) Books and supplies.
       (iv) Transportation.
       (B) The amount of financial aid that the student does not
     have to repay, such as scholarships and grants, offered to
     the student for such year.
       (C) The conditions under which the financial aid described
     in subparagraph (B) is renewable each year.
       (D) The amount of work-study assistance offered to the
     student for such year, and the conditions under which the
     student has to fulfill the work-study assistance.
       (E) The types and amounts of loans under part B, D, or E of
     title IV for which the student is eligible for such year, and
     the interest rate, loan term, monthly repayment amount, and
     total repayment amount of each such loan.
       (F) The types and amounts of loans under 428B or Federal
     Direct PLUS loans under section 455 for which a parent of the
     student is eligible for such year, and the interest rate,
     loan term, monthly repayment amount, and total repayment
     amount of each such loan.
       (G) The net amount that the student or the student's parent
     will have to pay to attend the institution for such year,
     which amount shall be the difference between--
       (i) the cost of attendance for the student for such year;
     less
       (ii) the amount of financial aid offered by the covered
     institution in the financial aid offer form.
       (H) Where a student or the student's parent can seek
     additional information regarding the financial aid offered.
       (I) Any other information the Secretary determines
     necessary so that students and parents can make informed
     student loan borrowing decisions.

     SEC. 483. INCREASING ACCESS TO TECHNOLOGY.

       Section 483 (20 U.S.C. 1087ss) is further amended by adding
     at the end the following:
       ``(e) Addressing the Digital Divide.--The Secretary shall
     utilize savings accrued by moving more applicants to the
     electronic forms described in subsection (a)(4) to improve
     access to the electronic forms described in subsection (a)(4)
     for applicants meeting the requirements of section 479(b) or
     (c).''.

     SEC. 484. SENSE OF THE CONGRESS; REPORT.

       (a) Sense of Congress.--It is the sense of the Congress
     that--
       (1) in order to simplify the Free Application for Federal
     Student Aid (FAFSA), which serves as an entry point for the
     scholarships, grants, loans, and work-study assistance that
     make it possible for millions of students to attend college,
     the Secretary of Education and the Secretary of the Treasury
     should work together to develop a process by which the
     Department of Education will, with the aid applicant's
     permission, draw income information directly from the
     Internal Revenue Service for the purpose of completing the EZ
     FAFSA, the FAFSA, and FAFSA renewal applications and
     providing early estimates of aid eligibility; and
       (2) this process would--
       (A) ease the burden of reporting income-related information
     for applicants;
       (B) increase the efficiency, accuracy, and security of the
     FAFSA filing process;
       (C) significantly reduce the need for further verification
     by the Department of Education, institutions, and applicants;
     and
       (D) protect the security, privacy, and safety of all data
     used in the FAFSA filing process.
       (b) Report.--The Secretary of Education shall, within one
     year after the date of enactment of this Act--
       (1) provide the Congress with information on the progress
     in devising the simplified process described in subsection
     (a); and
       (2) inform the Congress of any necessary statutory changes
     for the purpose of increasing the efficiency and
     effectiveness of the FAFSA application process.

     SEC. 485. STUDENT ELIGIBILITY.

       (a) Amendments.--Section 484 (20 U.S.C. 1091) is amended--
       (1) in subsection (a)--
       (A) in paragraph (4)(B), by striking ``the Republic of the
     Marshall Islands, the Federated States of Micronesia, or'';
     and
       (B) in paragraph (5), by striking ``a citizen of any one of
     the Freely Associated States'' and inserting ``or, to the
     extent described in subsection (j), a citizen of the Republic
     of Palau'';
       (2) by amending subsection (j) to read as follows:
       ``(j) Assistance Under Subpart 1 of Part A for Students
     From Palau.--Notwithstanding any other provision of law, a
     student shall be eligible until September 30, 2009, for
     assistance under subpart 1 of part A if the student is
     otherwise qualified and--
       ``(1) is a citizen of the Republic of Palau and attends an
     institution of higher education in a

[[Page H698]]

     State or a public or nonprofit private institution of higher
     education in the Freely Associated States; or
       ``(2) meets the requirements of subsection (a)(5) and
     attends a public or nonprofit private institution of higher
     education in any one of the Freely Associated States.'';
       (3) by striking subsection (l) and inserting the following:
       ``(l) Courses Offered Through Distance Education.--
       ``(1) Relation to correspondence courses.--
       ``(A) In general.--A student enrolled in a course of
     instruction at an institution of higher education that is
     offered principally through distance education and leads to a
     recognized certificate, or associate, baccalaureate, or
     graduate degree, conferred by such institution, shall not be
     considered to be enrolled in correspondence courses.
       ``(B) Exception.--An institution of higher education
     referred to in subparagraph (A) shall not include an
     institution or school described in section 3(3)(C) of the
     Carl D. Perkins Career and Technical Education Act of 2006.
       ``(2) Restriction or reductions of financial aid.--A
     student's eligibility to receive grants, loans, or work
     assistance under this title shall be reduced if a financial
     aid officer determines under the discretionary authority
     provided in section 479A that distance education results in a
     substantially reduced cost of attendance to such student.
       ``(3) Special rule.--For award years prior to July 1, 2008,
     the Secretary shall not take any compliance, disallowance,
     penalty, or other action against a student or an eligible
     institution when such action arises out of such institution's
     prior award of student assistance under this title if the
     institution demonstrates to the satisfaction of the Secretary
     that its course of instruction would have been in conformance
     with the requirements of this subsection.'';
       (4) in subsection (r)(2)--
       (A) in subparagraph (A), by striking ``or'' at the end of
     clause (ii);
       (B) by redesignating subparagraph (B) as subparagraph (C);
     and
       (C) by inserting after subparagraph (A) the following new
     subparagraph:
       ``(B) the student successfully passes two unannounced drug
     tests conducted by a drug rehabilitation program that
     complies with such criteria as the Secretary shall prescribe
     in regulations for purposes of subparagraph (A)(i); or''; and
       (5) by adding at the end the following:
       ``(s) Students With Intellectual Disabilities.--
       ``(1) In general.--Notwithstanding subsections (a), (c),
     and (d), in order to receive any grant or work assistance
     under section 401 and subpart 3 of part A and part C of this
     title, a student with an intellectual disability shall--
       ``(A) be an individual with an intellectual disability
     whose mental retardation or other significant cognitive
     impairment substantially impacts the individual's
     intellectual and cognitive functioning;
       ``(B)(i) be a student eligible for assistance under the
     Individuals with Disabilities Education Act who has completed
     secondary school; or
       ``(ii) be an individual who was, but is no longer, eligible
     for assistance under the Individuals with Disabilities
     Education Act because the individual has exceeded the maximum
     age for which the State provides a free appropriate public
     education;
       ``(C) be enrolled or accepted for enrollment in a
     comprehensive transition and postsecondary education program
     that--
       ``(i) is designed to support students with an intellectual
     disability who are seeking to continue academic, vocational,
     and independent living instruction at the institution in
     order to prepare for gainful employment and independent
     living;
       ``(ii) includes an advising and curriculum structure; and
       ``(iii) requires students to participate on at least a
     half-time basis, as determined by the institution,
     including--

       ``(I) regular enrollment in courses offered by the
     institution;
       ``(II) auditing or participating in courses offered by the
     institution for which the student does not receive regular
     academic credit;
       ``(III) enrollment in noncredit, nondegree courses;
       ``(IV) participation in internships; or
       ``(V) a combination of 2 or more of the activities
     described in clauses (i) through (iv);

       ``(D) be maintaining satisfactory progress in the program
     as determined by the institution, in accordance with
     standards established by the institution; and
       ``(E) meet the requirements of paragraphs (3), (4), (5),
     and (6) of subsection (a).
       ``(2) Regulations.--Notwithstanding rules applicable to
     grant or work assistance awards made under section 401 of
     part A, subpart 3 of part A, and part C of this title,
     including with respect to eligible programs, instructional
     time, credit status, and enrollment status as described in
     section 481, the Secretary shall promulgate regulations
     allowing programs enrolling students with intellectual
     disabilities otherwise determined to be eligible under this
     subsection to receive such awards.
       ``(t) Data Analysis on Access to Federal Student Aid For
     Certain Populations.--
       ``(1) Development of the system.--Within one year of
     enactment of the College Opportunity and Affordability Act of
     2007, the Secretary shall, in consultation with the Central
     Processing System, analyze data from the FAFSA containing
     information regarding the number, characteristics, and
     circumstances of students denied Federal student aid based on
     a drug conviction while receiving Federal aid.
       ``(2) Results from analysis.--The results from the analysis
     of such information shall be made available on a continuous
     basis via the Department of Education website and the Digest
     of Education and Statistics.
       ``(3) Data updating.--The data analyzed under this
     subsection shall be updated at the beginning of each award
     year and at least one additional time during such award year.
       ``(4) Report to congress.--The Secretary shall prepare and
     submit to the authorizing committees of the Congress, in each
     fiscal year, a report describing the results obtained by the
     establishment and operation of the data system authorized by
     this subsection.''.
       (b) Effective Date.--The amendments made by this section
     shall take affect on July 1, 2009.

     SEC. 486. ASSESSMENT OF COSTS AND OTHER CHARGES.

       Section 484A(b) (20 U.S.C. 1091a(b)) is amended--
       (1) by striking ``and'' at the end of paragraph (1);
       (2) by striking the period at the end of paragraph (2) and
     inserting ``; and''; and
       (3) by adding at the end the following new paragraph:
       ``(3) in collecting any obligation arising from a loan made
     under part E of this title, an institution of higher
     education that has an agreement with the Secretary pursuant
     to section 463(a) shall not be subject to a defense raised by
     any borrower based on a claim of infancy.''.

     SEC. 487. READMISSION REQUIREMENTS FOR SERVICEMEMBERS.

       Section 484B(a)(2) (20 U.S.C. 1091b(a)(2)) is amended by
     adding at the end the following new subparagraph:
       ``(C) Readmission requirements for servicemembers.--Any
     institution of higher education that requires any student--
       ``(i) who is a member of the Armed Forces of the United
     States, or a member of such Armed Forces in a retired status,
     including members of the National Guard or other reserve
     component,
       ``(ii) who is on active duty, or is called or ordered to
     active duty (as defined in section 481(d)), and
       ``(iii) whose attendance at such institution is interrupted
     by such active duty,
     to apply for readmission to such institution of higher
     education after the conclusion of such active duty shall
     submit to the Secretary a statement justifying such
     requirement.''.

     SEC. 488. INSTITUTIONAL AND FINANCIAL ASSISTANCE INFORMATION
                   FOR STUDENTS.

       (a) Disclosure of Policies and Sanctions Related to
     Copyright Infringement.--Section 485(a)(1) (20 U.S.C.
     1092(a)(1)) is amended--
       (1) by striking ``and'' at the end of subparagraph (N);
       (2) by striking the period at the end of subparagraph (O)
     and inserting ``; and'' ; and
       (3) by adding at the end the following new subparagraph:
       ``(P) institutional policies and sanctions related to
     copyright infringement, including--
       ``(i) an annual disclosure that explicitly informs students
     that unauthorized distribution of copyrighted material,
     including unauthorized peer-to-peer file sharing, may subject
     the students to civil and criminal liabilities;
       ``(ii) a summary of the penalties for violation of Federal
     copyright laws;
       ``(iii) a description of the institution's policies with
     respect to unauthorized peer-to-peer file sharing, including
     disciplinary actions that are taken against students who
     engage in unauthorized distribution of copyrighted materials
     using the institution's information technology system; and
       ``(iv) a description of actions that the institution takes
     to prevent and detect unauthorized distribution of
     copyrighted material on the institution's information
     technology system.''.
       (b) Criminal Offenses Reported.--Section 485(f)(1) (20
     U.S.C. 1092(f)(1)) is amended--
       (1) in the matter preceding subparagraph (A), by inserting
     ``, other than a foreign institution of higher education,''
     after ``under this title''; and
       (2) in subparagraph (F)--
       (A) by striking clause (i) and inserting the following:
       ``(i) of the following criminal offenses reported to campus
     security authorities or local police agencies:

       ``(I) murder;
       ``(II) sex offenses, forcible or nonforcible;
       ``(III) robbery;
       ``(IV) aggravated assault;
       ``(V) intimidation;
       ``(VI) burglary;
       ``(VII) larceny-theft;
       ``(VIII) motor vehicle theft;
       ``(IX) destruction, damage, or vandalism of property;
       ``(X) simple assault;
       ``(XI) manslaughter;
       ``(XII) arson; and
       ``(XIII) arrests or persons referred for campus
     disciplinary action for liquor law violations, drug-related
     violations, and weapons possession; and''; and

       (B) in clause (ii), by striking ``of the crimes described
     in subclauses (I) through (VIII)'' and inserting ``for
     degree-granting institutions only, of the crimes described in
     subclauses (I) through (XII)''; and
       (3) by adding at the end the following new subparagraph:
       ``(J) A statement of current campus policies regarding
     immediate emergency response and evacuation procedures,
     including the use of electronic and cellular communication
     (if appropriate), which shall include procedures--
       ``(i) to notify the campus community in not more than 30
     minutes in the event of a significant emergency or dangerous
     situation, involving an immediate threat to the health or
     safety of students or staff, occurring on the campus, in or
     on noncampus buildings or property, and on public property;

[[Page H699]]

       ``(ii) to publicize emergency response and evacuation
     procedures on an annual basis in a manner designed to reach
     students and staff; and
       ``(iii) to test emergency response and evacuation
     procedures on an annual basis.''.
       (c) Additional Amendment.--Section 485(f) is further
     amended--
       (1) by redesignating paragraph (15) as paragraph (18); and
       (2) by inserting after paragraph (14) the following:
       ``(15) Compliance report.--The Secretary shall annually
     report to the authorizing committees regarding compliance
     with this subsection by institutions of higher education,
     including an up-to-date report on the Secretary's monitoring
     of such compliance.
       ``(16) Best practices.--The Secretary may seek the advice
     and counsel of the Attorney General concerning the
     development, and dissemination to institutions of higher
     education, of best practices information about campus safety
     and emergencies.
       ``(17) Retaliation prohibited.--No participating
     institution or officer, employee, or agent of the institution
     shall intimidate, threaten, coerce, or otherwise discriminate
     against any individual for the purpose of interfering with
     the implementation of any provision of this subsection, or
     any rights or privileges accorded under this subsection, or
     because the individual has complained, testified, assisted,
     or otherwise participated in any aspect of an investigation,
     proceeding, or hearing.''.
       (d) Additional Requirements.--Section 485 (20 U.S.C. 1092)
     is amended by adding at the end the following new
     subsections:
       ``(h) Transfer of Credit Policies.--
       ``(1) Disclosure.--Each institution of higher education
     participating in any program under this title shall publicly
     disclose in a readable and comprehensible manner the transfer
     of credit policies established by the institution which shall
     include a statement of the institution's current transfer of
     credit policies that includes, at a minimum--
       ``(A) any established criteria the institution uses
     regarding the transfer of credit earned at another
     institution of higher education; and
       ``(B) a list of institutions of higher education with which
     the institution has established an articulation agreement.
       ``(2) Rule of construction.--Nothing in this subsection
     shall be construed to--
       ``(A) authorize the Secretary or the National Advisory
     Committee on Institutional Quality and Integrity to require
     particular policies, procedures, or practices by institutions
     of higher education with respect to transfer of credit;
       ``(B) authorize an officer or employee of the Department to
     exercise any direction, supervision, or control over the
     curriculum, program of instruction, administration, or
     personnel of any institution of higher education, or over any
     accrediting agency or association;
       ``(C) limit the application of the General Education
     Provisions Act; or
       ``(D) create any legally enforceable right on the part of a
     student to require an institution of higher education to
     accept a transfer of credit from another institution.
       ``(i) Disclosure of Fire Safety Standards and Measures.--
       ``(1) Annual fire safety reports on student housing
     required.--Each eligible institution participating in any
     program under this title that maintains on-campus student
     housing facilities shall, on an annual basis, publish a fire
     safety report, which shall contain information with respect
     to the campus fire safety practices and standards of that
     institution, including--
       ``(A) statistics concerning the following in each on-campus
     student housing facility during the most recent calendar
     years for which data are available:
       ``(i) the number of fires and the cause of each fire;
       ``(ii) the number of injuries related to a fire that result
     in treatment at a medical facility;
       ``(iii) the number of deaths related to a fire; and
       ``(iv) the value of property damage caused by a fire;
       ``(B) a description of each on-campus student housing
     facility fire safety system, including the fire sprinkler
     system;
       ``(C) the number of regular mandatory supervised fire
     drills;
       ``(D) policies or rules on portable electrical appliances,
     smoking, and open flames (such as candles), procedures for
     evacuation, and policies regarding fire safety education and
     training programs provided to students, faculty, and staff;
     and
       ``(E) plans for future improvements in fire safety, if
     determined necessary by such institution.
       ``(2) Report to the secretary.--Each eligible institution
     participating in any program under this title shall, on an
     annual basis submit to the Secretary a copy of the statistics
     required to be made available under subparagraph (A).
       ``(3) Current information to campus community.--Each
     institution participating in any program under this title
     shall--
       ``(A) make, keep, and maintain a log, recording all fires
     in on-campus student housing facilities, including the
     nature, date, time, and general location of each fire; and
       ``(B) make annual reports to the campus community on such
     fires.
       ``(4) Responsibilities of the secretary.--The Secretary
     shall--
       ``(A) make such statistics submitted to the Secretary
     available to the public; and
       ``(B) in coordination with nationally recognized fire
     organizations and representatives of institutions of higher
     education, representatives of associations of institutions of
     higher education, and other organizations that represent and
     house a significant number of students--
       ``(i) identify exemplary fire safety policies, procedures,
     programs, and practices;
       ``(ii) disseminate information to the Administrator of the
     United States Fire Administration;
       ``(iii) make available to the public information concerning
     those policies, procedures, programs, and practices that have
     proven effective in the reduction of fires; and
       ``(iv) develop a protocol for institutions to review the
     status of their fire safety systems.
       ``(5) Rules of construction.--Nothing in this subsection
     shall be construed to--
       ``(A) authorize the Secretary to require particular
     policies, procedures, programs, or practices by institutions
     of higher education with respect to fire safety, other than
     with respect to the collection, reporting, and dissemination
     of information required by this subsection;
       ``(B) affect the Family Educational Rights and Privacy Act
     of 1974 or the regulations issued under section 264 of the
     Health Insurance Portability and Accountability Act of 1996
     (42 U.S.C. 1320d-2 note);
       ``(C) create a cause of action against any institution of
     higher education or any employee of such an institution for
     any civil liability; or
       ``(D) establish any standard of care.
       ``(6) Compliance report.--The Secretary shall annually
     report to the authorizing committees regarding compliance
     with this subsection by institutions of higher education,
     including an up-to-date report on the Secretary's monitoring
     of such compliance.
       ``(7) Evidence.--Notwithstanding any other provision of
     law, evidence regarding compliance or noncompliance with this
     subsection shall not be admissible as evidence in any
     proceeding of any court, agency, board, or other entity,
     except with respect to an action to enforce this subsection.
       ``(8) Retaliation prohibited.--No participating institution
     or officer, employee, or agent of the institution shall
     intimidate, threaten, coerce, or otherwise discriminate
     against any individual for the purpose of interfering with
     the implementation of any provision of this subsection, or
     any rights or privileges accorded under this subsection, or
     because the individual has complained, testified, assisted,
     or otherwise participated in any aspect of an investigation,
     proceeding, or hearing.
       ``(j) Missing Person Procedures.--
       ``(1) Form and protocols.--Each institution of higher
     education participating in any program under this title
     shall--
       ``(A) include on its form for registration or enrollment of
     students an item in which the student can elect to identify
     an individual to be notified and police to be notified by the
     university within 24 hours of when a student is reported
     missing to the university, and
       ``(B) establish protocols for missing students that--
       ``(i) require any missing person report relating to any
     student be referred to the institution's police or campus
     security department; and
       ``(ii) if, on investigation of the report, such department
     determines that the missing person has been missing for more
     than 24 hours, require--

       ``(I) such department to refer to the item on the
     registration document required under subparagraph (A) and
     contact the individual named by the student in such item; and
       ``(II) if the student is under 18 years of age, the
     institution of higher education to automatically contact the
     parents of such student.

       ``(2) Waiver.--The item required by paragraph (1)(A) shall
     explicitly and prominently state that by identifying an
     individual to contact in the case of disappearance, the
     student waives any right to sue based on Federal or State
     privacy law in the event that a missing persons notification
     is made to the individual named by such student in such item.
       ``(3) Additional remedies permitted.--Nothing in this
     subsection shall be construed to prevent or discourage an
     institution of higher education from taking additional
     measures with respect to missing students beyond those
     required by this subsection.
       ``(k) Notice to Students Concerning Penalties for Drug
     Violations.--Each institution of higher education shall
     provide to each student, upon enrollment, a separate, clear,
     and conspicuous written notice that advises the student of
     the penalties under section 484(r).''.

     SEC. 489. ARTICULATION AGREEMENTS.

       Part G of title IV is amended by inserting after section
     486 (20 U.S.C. 1093) the following new section:

     ``SEC. 486A. ARTICULATION AGREEMENTS.

       ``(a) Program To Encourage Articulation Agreements.--
       ``(1) Program requirements.--The Secretary shall carry out
     a program for States, in cooperation with public institutions
     of higher education, to develop, enhance, and implement
     comprehensive articulation agreements among such institutions
     in a State, and (to the extent practicable) across State
     lines, by 2010. Such articulation agreements shall be made
     widely and publicly available on the websites of States and
     institutions, and on the application materials of such
     institutions. In developing, enhancing, and implementing
     articulation agreements, States and public institutions of
     higher education may employ strategies, where applicable,
     including--
       ``(A) common course numbering;
       ``(B) a general education core curriculum;
       ``(C) developing or expanding articulation agreements that
     include both public and private institutions of higher
     education; and
       ``(D) other strategies identified by the Secretary.
       ``(2) Technical assistance provided.--The Secretary shall
     provide technical assistance to States and institutions of
     higher education for the purposes of developing and
     implementing articulation agreements in accordance with this
     subsection.

[[Page H700]]

       ``(3) Rule of construction.--Nothing in this subsection
     shall be construed to limit the academic freedom or choices
     of institutions of higher education.
       ``(b) Study Required.--The Secretary shall conduct a study
     to review the articulation agreements at State-based college
     and university systems, including junior or community
     colleges, as well as those at other institutions of higher
     education, including private non-profit and for-profit
     institutions. Such study shall consider--
       ``(1) the extent to which States and institutions have
     developed and implemented articulation agreements;
       ``(2) with respect to the articulation agreements
     developed--
       ``(A) the number and types of institutions participating
     the programs offered;
       ``(B) the cost-savings to the participating institutions
     and to the students;
       ``(C) what strategies are being employed, including common
     course numbering and general education core curriculum;
       ``(D) the effective use of technologies to contain costs,
     maintain quality of instruction, and inform students; and
       ``(E) a description of the students to whom the
     articulation agreements are offered and, to the extent
     practicable, a description of the students who take advantage
     of the articulation agreements;
       ``(3) best practices and innovative strategies employed to
     implement effective articulation agreements; and
       ``(4) barriers to the implementation of articulation
     agreements, including technological and informational
     barriers.
       ``(c) Report.--The Secretary shall submit to the
     authorizing committees an interim report on the study
     required by this section not later than 2 years after the
     date of enactment of the College Opportunity and
     Affordability Act of 2007 and a final report on such study
     not later than January 1, 2013.
       ``(d) Definition.--In this section, the term `articulation
     agreement' means an agreement between institutions of higher
     education that specifies the acceptability of courses in
     transfer toward meeting specific degree requirements.''.

     SEC. 490. PROGRAM PARTICIPATION AGREEMENTS.

       (a) Additional Requirements.--Section 487(a) (20 U.S.C.
     1094(a)) is amended--
       (1) by adding at the end of paragraph (23) the following
     new subparagraph:
       ``(D) The institution shall be considered in compliance
     with the requirements of subparagraph (A) for each student to
     whom the institution electronically transmits a message
     containing a voter registration form acceptable for use in
     the State in which the institution is located, or an Internet
     address where such a form can be downloaded, provided such
     information is in an electronic message devoted exclusively
     to voter registration.''; and
       (2) by adding at the end the following new paragraphs:
       ``(24)(A) A covered institution that has entered into a
     preferred lender arrangement will compile, maintain, and make
     available for students attending the institution (or the
     parents of such students) a list, in print or any other
     medium, of the specific lenders for educational loans that
     the institution recommends, promotes, or endorses in
     accordance with such preferred lender arrangement. In
     compiling, maintaining, and making available such list, the
     institution will--
       ``(i) clearly and fully disclose on such list--
       ``(I) no less than the information required to be disclosed
     in the model disclosure form, or updated model disclosure
     form, required under section 153;
       ``(II) why the institution has entered into a preferred
     lender arrangement with each listed lender, particularly with
     respect to terms and conditions favorable to the borrower;
     and
       ``(III) that the students attending the institution (or the
     parents of such students) do not have to borrow from a listed
     lender;
       ``(ii) ensure, through the use of the list provided by the
     Secretary under subparagraph (B), that--
       ``(I) there are not less than 3 lenders of loans made under
     part B that are not affiliates of each other included on such
     list and, if the institution recommends, promotes, or
     endorses private educational loans, there are not less than 2
     lenders of private educational loans that are not affiliates
     of each other included on such list;
       ``(II) the list under this subparagraph--

       ``(aa) specifically indicates, for each listed lender,
     whether the lender is or is not an affiliate of each other
     lender on the list; and
       ``(bb) if a lender is an affiliate of another lender on the
     list, describes the details of such affiliation;

       ``(iii) prominently disclose the method and criteria used
     by the institution in selecting lenders with which to enter
     into preferred lender arrangements to ensure that such
     lenders are selected on the basis of the benefits provided to
     borrowers, including--
       ``(I) highly competitive interest rates, terms, or
     conditions of Federal and private educational loans;
       ``(II) high-quality servicing for such loans; or
       ``(III) additional benefits beyond the standard terms and
     conditions for such loans;
       ``(iv) exercise a duty of care and a duty of loyalty to
     compile the list under this subparagraph without prejudice
     and for the sole benefit of the students attending the
     institution (or the parents of such students);
       ``(v) not deny or otherwise impede the borrower's choice of
     a lender or cause unnecessary delays in loan certification
     under this title for those borrowers who choose a lender that
     has not been recommended, promoted, or endorsed by the
     institution; and
       ``(vi) comply with such other requirements as the Secretary
     may prescribe by regulation.
       ``(B) The Secretary shall maintain and update a list of
     lender affiliates of all eligible lenders, and shall provide
     such list to the institutions for use in carrying out
     subparagraph (A).
       ``(C) For the purposes of subparagraph (A)--
       ``(i) the term `affiliate' means a person that controls, is
     controlled by, or is under common control with another
     person;
       ``(ii) a person controls, is controlled by, or is under
     common control with another person if--
       ``(I) the person directly or indirectly, or acting through
     1 or more others, owns, controls, or has the power to vote 5
     percent or more of any class of voting securities of such
     other person;
       ``(II) the person controls, in any manner, the election of
     a majority of the directors or trustees of such other person;
     or
       ``(III) the Secretary determines (after notice and
     opportunity for a hearing) that the person directly or
     indirectly exercises a controlling interest over the
     management or policies of such other person;
       ``(iii) the term `preferred lender arrangement' has the
     meaning provided in section 151; and
       ``(iv) the term `educational loans' has the meaning
     provided in section 151, except that such term does not
     include loans under section 499(b) or under parts D or E of
     this title.
       ``(25) The institution will submit to the Secretary
     annually, in such form as the Secretary may prescribe, data
     on--
       ``(A) the number and percentage of students taking classes
     in whole or in part on-line or through distance education;
       ``(B) of such students, the number and percentage of those
     taking their classes exclusively on-line or through distance
     education; and
       ``(C) the number and percentage of courses offered by the
     institution that are offered on-line or through distance
     education.''.
       (b) Reports on Disciplinary Proceedings.--
       (1) Amendment.--Section 487(a) (20 U.S.C. 1094(a)) is
     further amended by adding after paragraph (25), as added by
     subsection (a) of this section, the following new paragraph:
       ``(26) The institution will, upon request, disclose to the
     alleged victim of any crime of violence (as that term is
     defined in section 16 of title 18), or a nonforcible sex
     offense, the final results of any disciplinary proceeding
     conducted by such institution against a student who is the
     alleged perpetrator of such crime or offense with respect to
     such crime or offense. If the alleged victim of such crime or
     offense is deceased, the next of kin of such victim shall be
     treated as the alleged victim for purposes of this
     paragraph.''.
       (2) Effective date.--The amendment made by paragraph (1)
     shall apply with respect to any disciplinary proceeding
     conducted by such institution on or after one year after the
     date of enactment of this Act.
       (c) Enforcing the 90/10 Rule.--
       (1) Amendment.--Section 487(a) (20 U.S.C. 1094(a)) is
     further amended by adding at the end the following new
     paragraph:
       ``(27) A proprietary institution of higher education (as
     defined in section 102(b)) will, as calculated in accordance
     with subsection (f)(1) of this section, have not less than 10
     percent of its revenues from sources other than funds
     provided under this title, or will be subject to the
     sanctions described in subsection (f)(2) of this section.''.
       (2) Implementation.--Section 487 is further amended by
     adding at the end the following new subsection:
       ``(f) Implementation of Non-Title IV Revenue Requirement.--
       ``(1) Calculation.--In carrying out subsection (a)(27), a
     proprietary institution of higher education shall--
       ``(A) use the cash basis of accounting;
       ``(B) consider as revenue only those funds generated by the
     institution from--
       ``(i) tuition, fees, and other institutional charges for
     students enrolled in programs eligible for assistance under
     this title;
       ``(ii) activities conducted by the institution, to the
     extent not included in tuition, fees, and other institutional
     charges, that are necessary for the education or training of
     its students who are enrolled in programs eligible for
     assistance under this title, if such activities are--

       ``(I) conducted on campus or at a facility under the
     control of the institution;
       ``(II) performed under the supervision of a member of the
     institution's faculty; and
       ``(III) required to be performed by all students in a
     specific educational program at the institution; and

       ``(iii) funds paid by a student, or on behalf of a student
     by a party other than the institution, for an education or
     training program that is not eligible for funds under this
     title, provided that the program is approved or licensed by
     the appropriate State agency and is accredited by an
     accrediting agency recognized by the Secretary;
       ``(C) presume that any title IV program funds disbursed or
     delivered to or on behalf of a student will be used to pay
     the student's tuition, fees, or other institutional charges,
     regardless of whether the institution credits those funds to
     the student's account or pays those funds directly to the
     student, except to the extent that the student's tuition,
     fees, or other institutional charges are satisfied by--
       ``(i) grant funds provided by non-Federal public agencies
     or private sources independent of the institution;
       ``(ii) funds provided under a contractual arrangement with
     Federal, State, or local government agencies for the purpose
     of providing job training to low-income individuals who are
     in need of that training; or
       ``(iii) funds used by a student from savings plans for
     educational expenses established by or on behalf of the
     student and which qualify for special tax treatment under the
     Internal Revenue Code of 1986, provided that the institution
     can reasonable demonstrate such funds were used to pay the
     student's tuition, fees, or other institutional charges;
       ``(D) include institutional aid as revenue to the school
     only as follows:

[[Page H701]]

       ``(i) in the case of institutional loans, only the amount
     of loan repayments received during the fiscal year; and
       ``(ii) in the case of institutional scholarships, only
     those provided by the institution in the form of monetary aid
     or tuition discounts based upon the academic achievements or
     financial need of students, disbursed during the fiscal year
     from an established restricted account, and only to the
     extent that funds in that account represent designated funds
     from an outside source or from income earned on those funds;
       ``(E) exclude from revenues--
       ``(i) the amount of funds it received under the Federal
     Work-Study program, unless the institution used those funds
     to pay a student's institutional charges;
       ``(ii) the amount of funds it received under the Leveraging
     Education Assistance Partnership program;
       ``(iii) the amount of institutional funds it used to match
     title IV program funds;
       ``(iv) the amount of title IV program funds that must be
     refunded or returned; or
       ``(v) the amount charged for books, supplies, and equipment
     unless the institution includes that amount as tuition, fees,
     or other institutional charges.
       ``(2) Sanctions.--
       ``(A) An institution that fails to meet the requirements of
     subsection (a)(27) for 2 consecutive fiscal years shall
     become ineligible to participate in the programs authorized
     by this title. To regain eligibility to participate in the
     programs authorized by this title, an institution that loses
     its eligibility as a sanction under this subparagraph must
     demonstrate compliance with all eligibility requirements for
     at least the 3 fiscal years following the fiscal year the
     institution became ineligible.
       ``(B) In addition to such other means of enforcing the
     requirements of this title as may be available to the
     Secretary, if an institution fails to meet the requirements
     of subsection (a)(27) in any fiscal year, the Secretary shall
     impose sanctions on the institution, which shall include--
       ``(i) placing the institution on provisional certification
     in accordance with section 498(h) until the institution
     demonstrates, to the satisfaction of the Secretary, that it
     is in compliance with subsection (a)(27);
       ``(ii) requiring the institution to provide to the
     Secretary satisfactory evidence of its financial
     responsibility in accordance with section 498(c)(3); and
       ``(iii) requiring such other increased monitoring and
     reporting requirements as the Secretary determines necessary
     until the institution demonstrates, to the satisfaction of
     the Secretary, that it is in compliance with subsection
     (a)(27).
       ``(3) Publication on college navigator website.--The
     Secretary shall publicly disclose the identity of any
     institution that fails to meet the requirements of subsection
     (a)(27) on the College Navigator website.
       ``(4) Report to congress.--The Secretary shall annually
     submit to the authorizing committees a report that contains,
     for each institution subject to the requirement of subsection
     (a)(27), the result of the calculation of revenue performed
     by each such institution pursuant to such subsection and
     paragraph (1) of this subsection.''.
       (d) Computer Disposal.--Section 487(a) is further amended
     by adding at the end the following new paragraph:
       ``(28)(A) The institution of higher education will
     establish a policy on the disposal or disposition (including
     selling, donating, returning upon lease end, or destroying by
     recycling), of all technology assets which may have personal
     and sensitive data of students. Such policy may include a
     forensic scrub that ensures total destruction of data on the
     technology assets and include a designated for disposal or
     disposition, transfer ownership and liability from that
     institution to State and federally approved recyclers or de-
     manufacturers of such equipment.
       ``(B) For purposes of this paragraph, the term `technology
     assets' means a computer central processing unit, monitor,
     printer, router, server, peripheral devices (such as
     switches, hubs, and systems), firewalls, telephones, or other
     simple network devices or single piece of information
     technology equipment.''.
       (e) Audits; Financial Responsibility; Enforcement of
     Standards.--Section 487(c)(1)(A) (20 U.S.C. 1094(c)(1)(A)) is
     amended--
       (1) in clause (i)--
       (A) by striking ``clauses (ii) and (iii)'' and inserting
     ``clauses (ii), (iii), and (iv)''; and
       (B) by inserting before the semicolon at the end the
     following: ``, except that the Secretary may modify the
     requirements of this clause with respect to institutions of
     higher education that are foreign institutions, and may waive
     such requirements with respect to a foreign institution whose
     students receive less than $500,000 in loans under this title
     during the award year preceding the audit period'';
       (2) in clause (ii), by striking ``or'' after the semicolon;
       (3) in clause (iii), by inserting ``or'' after the
     semicolon; and
       (4) by inserting after clause (iii) the following new
     clause:
       ``(iv) with respect to an eligible institution that is
     audited under clause (i), and for which it is determined
     through such audit that the percentage of students enrolled
     at the institution who were accepted for enrollment and made
     eligible for student financial assistance under this title by
     way of section 484(d)(2) exceeds 5 percent of the total
     enrollment of the institution for such academic year, an
     additional review to confirm that the institution is in
     compliance with the regulations prescribed by the Secretary
     under section 484(d);''.

     SEC. 491. REGULATORY RELIEF AND IMPROVEMENT.

       Section 487A(b) (20 U.S.C. 1094a(b)) is amended--
       (1) by amending paragraph (1) to read as follows:
       ``(1) In general.--The Secretary shall continue the
     voluntary participation of any experimental sites in
     existence as of July 1, 2007, unless the Secretary determines
     that such site's participation has not been successful in
     carrying out the purposes of this section. Any activities
     approved by the Secretary prior to such date that have not
     been successful in carrying out the purposes of this section
     shall be discontinued not later than June 30, 2009.'';
       (2) by striking the matter preceding paragraph (2)(A) and
     inserting the following:
       ``(2) Report.--The Secretary shall review and evaluate the
     experience of institutions participating as experimental
     sites and shall, on a biennial basis, submit a report based
     on the review and evaluation to the authorizing committees.
     Such report shall include--''; and
       (3) in paragraph (3)--
       (A) in subparagraph (A)--
       (i) by striking ``Upon the submission of the report
     required by paragraph (2), the'' and inserting ``The''; and
       (ii) by inserting ``periodically'' after ``authorized to'';
       (B) by striking subparagraph (B);
       (C) by redesignating subparagraph (C) as subparagraph (B);
     and
       (D) in subparagraph (B) (as redesignated by subparagraph
     (C))--
       (i) by inserting ``, including requirements related to the
     award process and disbursement of student financial aid (such
     as innovative delivery systems for modular or compressed
     courses, or other innovative systems), verification of
     student financial aid application data, entrance and exit
     interviews, or other management procedures or processes as
     determined in the negotiated rulemaking process under section
     492'' after ``requirements in this title'';
       (ii) by inserting ``(other than an award rule related to an
     experiment in modular or compressed schedules)'' after
     ``award rules''; and
       (iii) by inserting ``unless the waiver of such provisions
     is authorized by another provision under this title'' before
     the period at the end.

     SEC. 492. ADVISORY COMMITTEE ON STUDENT FINANCIAL ASSISTANCE.

       Section 491 (20 U.S.C. 1098) is amended--
       (1) in subsection (a)(2)--
       (A) in subparagraph (B), by striking ``and'' after the
     semicolon;
       (B) in subparagraph (C), by striking the period at the end
     and inserting a semicolon; and
       (C) by adding at the end the following:
       ``(D) to provide knowledge and understanding of early
     intervention programs and make recommendations that will
     result in early awareness by low- and moderate-income
     students and families of their eligibility for assistance
     under this title, and, to the extent practicable, their
     eligibility for other forms of State and institutional need-
     based student assistance; and
       ``(E) to make recommendations that will expand and improve
     partnerships among the Federal Government, States,
     institutions, and private entities to increase the awareness
     and total amount of need-based student assistance available
     to low- and moderate-income students.'';
       (2) in subsection (d)--
       (A) in paragraph (6), by striking ``, but nothing in this
     section shall authorize the committee to perform such
     studies, surveys, or analyses'';
       (B) in paragraph (8), by striking ``and'' after the
     semicolon;
       (C) by redesignating paragraph (9) as paragraph (10); and
       (D) by inserting after paragraph (8) the following:
       ``(9) monitor the adequacy of total need-based aid
     available to low- and moderate-income students from all
     sources, assess the implications for access and persistence,
     and report those implications annually to Congress and the
     Secretary; and'';
       (3) in subsection (j)(1)--
       (A) by inserting ``and simplification'' after ``delivery
     processes''; and
       (B) by striking ``, including the implementation of a
     performance-based organization within the Department, and
     report to Congress regarding such modernization on not less
     than an annual basis''; and
       (4) in subsection (k), by striking ``2004'' and inserting
     ``2011''.

     SEC. 493. NEGOTIATED RULEMAKING.

       Section 492(b)(1) (20 U.S.C. 1098a(b)(1)) is amended by
     striking ``from individuals nominated by groups described in
     subsection (a)(1)'' and inserting ``from individuals who are
     nominated by groups described in subsection (a)(1) and who
     have recognized legitimacy as designated representatives of
     major stakeholders, sectors, and constituencies in the higher
     education community''.

     SEC. 494. TECHNICAL AMENDMENT.

       Section 493C(b)(1) (20 U.S.C. 1098e(b)(1)) is amended by
     striking ``or is already in default''.

     SEC. 495. CAMPUS-BASED DIGITAL THEFT PREVENTION.

       Part G of title IV (20 U.S.C. 1088 et seq.) is further
     amended by adding at the end the following new section:

     ``SEC. 494. CAMPUS-BASED DIGITAL THEFT PREVENTION.

       ``(a) In General.--Each eligible institution participating
     in any program under this title shall to the extent
     practicable--
       ``(1) make publicly available to their students and
     employees, the policies and procedures related to the illegal
     downloading and distribution of copyrighted materials
     required to be disclosed under section 485(a)(1)(P); and
       ``(2) develop a plan for offering alternatives to illegal
     downloading or peer-to-peer distribution of intellectual
     property as well as a plan to explore technology-based
     deterrents to prevent such illegal activity.
       ``(b) Grants.--
       ``(1) Program authority.--The Secretary may make grants to
     institutions of higher education, or consortia of such
     institutions, and

[[Page H702]]

     enter into contracts with such institutions, consortia, and
     other organizations, to develop, implement, operate, improve,
     and disseminate programs of prevention, education, and cost-
     effective technological solutions, to reduce and eliminate
     the illegal downloading and distribution of intellectual
     property. Such grants or contracts may also be used for the
     support of a higher education centers that will provide
     training, technical assistance, evaluation, dissemination,
     and associated services and assistance to the higher
     education community as determined by the Secretary and
     institutions of higher education.
       ``(2) Awards.--Grants and contracts shall be awarded under
     paragraph (1) on a competitive basis.
       ``(3) Applications.--An institution of higher education or
     a consortium of such institutions that desires to receive a
     grant or contract under paragraph (1) shall submit an
     application to the Secretary at such time, in such manner,
     and containing or accompanied by such information as the
     Secretary may reasonably require by regulation.
       ``(4) Authorization of appropriations.--There are
     authorized to be appropriated to carry out this subsection
     such sums as may be necessary for fiscal year 2009 and for
     each of the 4 succeeding fiscal years.''.

                       PART H--PROGRAM INTEGRITY

     SEC. 496. RECOGNITION OF ACCREDITING AGENCY OR ASSOCIATION.

       (a) Amendments.--Section 496 (20 U.S.C. 1099b) is amended--
       (1) in subsection (a)--
       (A) in paragraph (4)--
       (i) by striking ``(4) such agency'' and insert ``(4)(A)
     such agency'';
       (ii) by inserting ``and'' after the semicolon at the end;
     and
       (iii) by adding at the end the following new subparagraph:
       ``(B) if such agency or association has or seeks to include
     within its scope of recognition the evaluation of the quality
     of institutions or programs offering distance education, such
     agency or association shall, in addition to meeting the other
     requirements of this subpart, demonstrate to the Secretary
     that--
       ``(i) the agency or association's standards effectively
     address the quality of an institution's distance education in
     the areas identified in paragraph (5), except that the agency
     or association shall not be required to have separate
     standards, procedures or policies for the evaluation of
     distance education institutions or programs in order to meet
     the requirements of this subparagraph; and
       ``(ii) the agency or association requires an institution
     that offers distance education to have processes through
     which the institution establishes that the student who
     registers in a distance education course or program is the
     same student who participates in and completes the program
     and receives the academic credit;'';
       (B) by striking paragraph (6) and inserting the following:
       ``(6) such agency or association shall establish and apply
     review procedures throughout the accrediting process,
     including evaluation and withdrawal proceedings which comply
     with due process procedures that provide for--
       ``(A) adequate specification of requirements, including
     clear and consistent standards for an institution to be
     accredited, and deficiencies at the institution of higher
     education or program examined;
       ``(B) an opportunity for a written response by any such
     institution to be included, prior to final action, in the
     evaluation and withdrawal proceedings;
       ``(C) upon the written request of an institution, an
     opportunity for the institution to appeal any adverse action,
     including denial, withdrawal, suspension, or termination of
     accreditation, at a hearing prior to such action becoming
     final, before an appeals panel that--
       ``(i) shall not include current members of the agency or
     association's underlying decision-making body that made the
     adverse decision; and
       ``(ii) is subject to a conflict of interest policy; and
       ``(D) the right to representation by counsel for such an
     institution during an appeal of the adverse action;''; and
       (C) by striking paragraph (8) and inserting the following:
       ``(8) such agency or association shall make available to
     the public and the State licensing or authorizing agency, and
     submit to the Secretary, a summary of agency or association
     actions, including--
       ``(A) the award of accreditation or reaccreditation of an
     institution;
       ``(B) final denial, withdrawal, suspension, or termination
     of accreditation, and any findings made in connection with
     the action taken, together with the official comments of the
     affected institution; and
       ``(C) any other adverse action taken with respect to an
     institution;
       ``(9) such agency or association confirms, as a part of the
     agency or association's review for accreditation or
     reaccreditation, that the institution has transfer of credit
     policies--
       ``(A) that are publicly disclosed; and
       ``(B) that include a statement of the criteria established
     by the institution regarding the transfer of credit earned at
     another institution of higher education;
       ``(10) such agency or association reviews and takes into
     consideration the institution's response in any review or
     determination, and includes in any determination a written
     statement addressing the institution's response and stating
     the basis for such determination, and a copy of the
     institution's response; and
       ``(11) such agency or association shall not make a
     determination or take adverse action based upon an
     unpublished or undocumented policy, practice, or
     precedent.'';
       (2) in subsection (c)--
       (A) in paragraph (1), by inserting ``, including those
     regarding distance education'' after ``their
     responsibilities'';
       (B) by redesignating paragraphs (2) through (6) as
     paragraphs (4) through (8); and
       (C) by inserting after paragraph (1) (as amended by
     subparagraph (A)) the following:
       ``(2) monitors the growth of programs at institutions that
     are experiencing significant enrollment growth;
       ``(3) requires an institution to submit a teach-out plan
     for approval to the accrediting agency upon the occurrence of
     any of the following events:
       ``(A) the Department notifies the accrediting agency of an
     action against the institution pursuant to section 487(d);
       ``(B) the accrediting agency acts to withdraw, terminate,
     or suspend the accreditation of an institution; and
       ``(C) the institution notifies the accrediting agency that
     the institution intends to cease operations;'';
       (3) in subsection (g), by adding at the end the following:
     ``Nothing in this section shall be construed to permit the
     Secretary to establish any criteria that specifies, defines,
     or prescribes the standards that accrediting agencies or
     associations shall use to assess any institution's success
     with respect to student achievement.''; and
       (4) in subsection (o), by adding at the end the following:
     ``Notwithstanding any other provision of law, the Secretary
     shall not promulgate any regulation with respect to
     subsection (a)(5).''.
       (b) Additional Amendment.--Section 496(a)(4)(A) as amended
     by subsection (a) is further amended by inserting after
     ``consistently applies and enforces standards'' the
     following: ``that respect the stated mission of the
     institution of higher education, including religious
     missions, and''.

     SEC. 497. ACCREDITATION OMBUDSMAN.

       Subpart 2 of part H of title IV is amended by inserting
     after section 496 (20 U.S.C. 1099b) the following new
     section:

     ``SEC. 497. ACCREDITATION OMBUDSMAN.

       ``(a) Appointment.--The Assistant Secretary for
     Postsecondary Education, in consultation with the Secretary,
     shall appoint an Accreditation Ombudsman to provide timely
     assistance to institutions of higher education, accrediting
     agencies and associations, and other participants in the
     accreditation process who may have grievances related to the
     functions described in subsection (c).
       ``(b) Public Information.--The Assistant Secretary for
     Postsecondary Education shall disseminate information about
     the availability and functions of the Ombudsman to
     institutions of higher education, accrediting agencies and
     associations, and other participants in the accreditation
     process.
       ``(c) Functions of Ombudsman.--The Ombudsman appointed
     under this section shall--
       ``(1) in accordance with regulations of the Secretary,
     receive, review, and attempt to resolve complaints from
     institutions of higher education, accrediting agencies and
     associations, and other participants in the accreditation
     process described in subsection (a), including, as
     appropriate, attempts to resolve such complaints within the
     Department of Education and with institutions of higher
     education, accreditation agencies and associations, and other
     participants in title IV programs; and
       ``(2) compile and analyze data on institutions of higher
     education and accrediting agency and association complaints
     and make appropriate recommendations.
       ``(d) Report.--Each year, the Ombudsman shall submit a
     report to the Assistant Secretary for Postsecondary
     Education, for inclusion in the annual report under section
     114, that describes the activities, and evaluates the
     effectiveness of the Ombudsman during the preceding year.''.

     SEC. 498. PROGRAM REVIEW AND DATA.

       Section 498A(b) (20 U.S.C. 1099c-1(b)) is amended--
       (1) by striking ``and'' at the end of paragraph (4);
       (2) by striking the period at the end of paragraph (5) and
     inserting a semicolon; and
       (3) by adding at the end the following new paragraphs:
       ``(6) provide the institution adequate opportunity to
     review and respond to any program review report or audit
     finding before any final program review or audit
     determination is reached, including access to any and all
     workpapers, notes, documentation, records, or other
     information relating to the program review report or audit
     finding;
       ``(7) review and take into consideration the institution's
     response in any final program review or audit determination,
     and include in the final determination a written statement
     addressing the institution's response and stating the basis
     for such final determination, and a copy of the institution's
     response; and
       ``(8) maintain and preserve at all times the
     confidentiality of any program review report until the
     requirements of paragraphs (6) and (7) are met, and until a
     final program review determination has been issued.''.

     SEC. 499. COMPETITIVE LOAN AUCTION PILOT PROGRAM EVALUATION.

       Section 499 (as added by section 701 of the College Cost
     Reduction and Access Act of 2007) is amended by adding at the
     end the following new subsections:
       ``(c) Required Initial Evaluation.--The Secretary and
     Secretary of the Treasury shall jointly conduct an
     evaluation, in consultation with the Office of Management and
     Budget, the Congressional Budget Office, and the Comptroller
     General, of the pilot program carried out by the Secretary
     under this section. The evaluation shall determine--

[[Page H703]]

       ``(1) the extent of the savings to the Federal Government
     that are generated through the pilot program, compared to the
     cost the Federal Government would have incurred in operating
     the PLUS loan program under section 428B in the absence of
     the pilot program;
       ``(2) the number of lenders that participated in the pilot
     program, and the extent to which the pilot program generated
     competition among lenders to participate in the auctions
     under the pilot program;
       ``(3) the number and volume of loans made under the pilot
     in each State;
       ``(4) the effect of the transition to and operation of the
     pilot program on the ability of--
       ``(A) lenders participating in the pilot program to
     originate loans made through the pilot program smoothly and
     efficiently;
       ``(B) institutions of higher education participating in the
     pilot program to disburse loans made through the pilot
     program smoothly and efficiently; and
       ``(C) parents to obtain loans made through the pilot
     program in a timely and efficient manner;
       ``(5) the differential impact, if any, of the auction among
     the States, including between rural and non-rural States;
       ``(6) the feasibility of using the mechanism piloted to
     operate the other loan programs under part B of this title;
     and
       ``(7) the feasibility of using other market mechanisms to
     operate the loan programs under part B of this title,
     including the sale of securities backed by federally owned
     student loan assets originated by banks acting as agents of
     the Federal Government.
       ``(d) Reports.--The Secretary and the Secretary of the
     Treasury shall submit to the authorizing committees--
       ``(1) not later than September 1, 2010, a preliminary
     report regarding the findings of the evaluation described in
     subsection (c);
       ``(2) not later than September 1, 2012, an interim report
     regarding such findings; and
       ``(3) not later than September 1, 2013, a final report
     regarding such findings.''.

                      TITLE V--TITLE V AMENDMENTS

     SEC. 501. POSTBACCALAUREATE OPPORTUNITIES FOR HISPANIC
                   AMERICANS.

       (a) Establishment of Program.--Title V is amended--
       (1) by redesignating part B as part C;
       (2) by redesignating sections 511 through 518 as sections
     521 through 528, respectively; and
       (3) by inserting after section 505 (20 U.S.C. 1101d) the
     following new part:

   ``PART B--PROMOTING POSTBACCALAUREATE OPPORTUNITIES FOR HISPANIC
                               AMERICANS

     ``SEC. 511. PURPOSES.

       ``The purposes of this part are--
       ``(1) to expand postbaccalaureate educational opportunities
     for, and improve the academic attainment of, Hispanic
     students; and
       ``(2) to expand the postbaccalaureate academic offerings
     and enhance the program quality in the institutions that are
     educating the majority of Hispanic college students and
     helping large numbers of Hispanic and low-income students
     complete postsecondary degrees.

     ``SEC. 512. PROGRAM AUTHORITY AND ELIGIBILITY.

       ``(a) Program Authorized.--Subject to the availability of
     funds appropriated to carry out this part, the Secretary
     shall award competitive grants to Hispanic-serving
     institutions determined by the Secretary to be making
     substantive contributions to graduate educational
     opportunities for Hispanic students.
       ``(b) Eligibility.--For the purposes of this part, an
     `eligible institution' means an institution of higher
     education that--
       ``(1) is an eligible institution under section 502(a)(2);
     and
       ``(2) offers a postbaccalaureate certificate or degree
     granting program.

     ``SEC. 513. AUTHORIZED ACTIVITIES.

       ``Grants awarded under this part shall be used for one or
     more of the following activities:
       ``(1) Purchase, rental, or lease of scientific or
     laboratory equipment for educational purposes, including
     instructional and research purposes.
       ``(2) Construction, maintenance, renovation, and
     improvement of classrooms, libraries, laboratories, and other
     instructional facilities, including purchase or rental of
     telecommunications technology equipment or services.
       ``(3) Purchase of library books, periodicals, technical and
     other scientific journals, microfilm, microfiche, and other
     educational materials, including telecommunications program
     materials.
       ``(4) Support for needy postbaccalaureate students
     including outreach, academic support services, mentoring,
     scholarships, fellowships, and other financial assistance to
     permit the enrollment of such students in postbaccalaureate
     certificate and degree granting programs.
       ``(5) Support of faculty exchanges, faculty development,
     faculty research, curriculum development, and academic
     instruction.
       ``(6) Creating or improving facilities for Internet or
     other distance learning academic instruction capabilities,
     including purchase or rental of telecommunications technology
     equipment or services.
       ``(7) Collaboration with other institutions of higher
     education to expand postbaccalaureate certificate and degree
     offerings.
       ``(8) Other activities proposed in the application
     submitted pursuant to section 514 that--
       ``(A) contribute to carrying out the purposes of this part;
     and
       ``(B) are approved by the Secretary as part of the review
     and acceptance of such application.

     ``SEC. 514. APPLICATION AND DURATION.

       ``(a) Application.--Any eligible institution may apply for
     a grant under this part by submitting an application to the
     Secretary at such time and in such manner as determined by
     the Secretary. Such application shall demonstrate how the
     grant funds will be used to improve postbaccalaureate
     education opportunities in programs and professions in which
     Hispanic Americans are underrepresented.
       ``(b) Duration.--Grants under this part shall be awarded
     for a period not to exceed 5 years.
       ``(c) Limitation.--The Secretary shall not award more than
     one grant under this part in any fiscal year to any Hispanic-
     serving institution.''.
       (b) Cooperative Arrangements.--Section 524(a) (as
     redesignated by subsection (a)(2)) (20 U.S.C. 1103c(a)) is
     amended by inserting ``and section 513'' after ``section
     503''.
       (c) Authorization of Appropriations.--Subsection (a) of
     section 528 (as redesignated by subsection (a)(2) of this
     section) (20 U.S.C. 1103g) is amended to read as follows:
       ``(a) Authorizations.--
       ``(1) Part a.--There are authorized to be appropriated to
     carry out part A and part C of this title $175,000,000 for
     fiscal year 2009 and such sums as may be necessary for each
     of the 4 succeeding fiscal years.
       ``(2) Part b.--There are authorized to be appropriated to
     carry out part B of this title $125,000,000 for fiscal year
     2009 and such sums as may be necessary for each of the 4
     succeeding fiscal years.''.
       (d) Minimum Grant Amount.--Section 528 (as redesignated by
     subsection (a)(2) of this section) (20 U.S.C. 1103g) is
     amended by adding at the end the following:
       ``(c) Minimum Grant Amount.--The minimum amount of a grant
     under this title shall be $200,000.''.
       (e) Part A Authorized Uses of Funds.--Section 503(b) (20
     U.S.C. 1101b(b)) is amended--
       (1) by redesignating paragraph (14) as paragraph (15); and
       (2) by inserting after paragraph (13) the following new
     paragraph:
       ``(14) Providing education or financial information
     designed to improve the financial literacy and economic
     literacy of students or the students' parents, especially
     with regard to student indebtedness and student assistance
     programs under the title IV.''.

                     TITLE VI--TITLE VI AMENDMENTS

     SEC. 601. INTERNATIONAL AND FOREIGN LANGUAGE STUDIES.

       (a) Findings and Purposes.--Section 601 (20 U.S.C. 1121) is
     amended--
       (1) in subsection (a)(3), by striking ``post-Cold War'';
       (2) in subsection (b)(1), by striking ``; and'' at the end
     of subparagraph (D) and inserting ``, including through
     linkages overseas with institutions of higher education and
     relevant organizations that contribute to the educational
     programs assisted under this part; and''; and
       (3) in subsection (b)(3) by inserting ``, and international
     business and trade competitiveness'' before the period.
       (b) Graduate and Undergraduate Language and Area Centers
     and Programs.--Section 602(a) (20 U.S.C. 1122(a)) is
     amended--
       (1) in paragraph (1), by striking subparagraph (A) and
     inserting the following:
       ``(A) In general.--The Secretary is authorized to make
     grants to institutions of higher education or consortia of
     such institutions for the purpose of establishing,
     strengthening, and operating--
       ``(i) comprehensive foreign language and area or
     international studies centers and programs; and
       ``(ii) a diverse network of undergraduate foreign language
     and area or international studies centers and programs.'';
       (2) in paragraph (2)--
       (A) by striking ``and'' at the end of subparagraph (G);
       (B) by striking the period at the end of subparagraph (H)
     and inserting a semicolon; and
       (C) by inserting after subparagraph (H) the following new
     subparagraphs:
       ``(I) supporting instructors of the less commonly taught
     languages; and
       ``(J) projects that support in students an understanding of
     science and technology in coordination with foreign language
     proficiency.''; and
       (3) in paragraph (4)--
       (A) by amending subparagraph (B) to read as follows:
       ``(B) Partnerships or programs of linkage and outreach with
     2-year and 4-year colleges and universities, including
     colleges of education and teacher professional development
     programs.'';
       (B) in subparagraph (C), by striking ``Programs of linkage
     or outreach'' and inserting ``Partnerships or programs of
     linkage and outreach'';
       (C) in subparagraph (E)--
       (i) by striking ``foreign area'' and inserting ``area
     studies'';
       (ii) by striking ``of linkage and outreach''; and
       (iii) by striking ``(C), and (D)'' and inserting ``(D), and
     (E)'';
       (D) by redesignating subparagraphs (C), (D), and (E) as
     subparagraphs (D), (E), and (F), respectively; and
       (E) by inserting after subparagraph (B) the following new
     subparagraph:
       ``(C) Partnerships with local educational agencies and
     public and private elementary and secondary education schools
     that are designed to increase student academic achievement in
     foreign language and knowledge of world regions, and to
     facilitate the wide dissemination of materials related to
     area studies.''.
       (c) Fellowships for Foreign Language and Area or
     International Studies.--Section 602(b) (20 U.S.C. 1122(b)) is
     amended--
       (1) by inserting ``and Undergraduate'' after ``Graduate''
     in the subsection heading; and
       (2) by striking paragraph (2) and inserting the following:

[[Page H704]]

       ``(2) Eligible students.--A student receiving a stipend
     described in paragraph (1) shall be engaged in an
     instructional program with stated performance goals for
     functional foreign language use or in a program developing
     such performance goals, in combination with area studies,
     international studies, or the international aspects of a
     professional studies program, including predissertation level
     studies, preparation for dissertation research, dissertation
     research abroad, and dissertation writing, and--
       ``(A) in the case of graduate fellowships, activities in
     connection with a program described in this paragraph may
     include predissertation level studies, preparation for
     dissertation research, dissertation research abroad, and
     dissertation writing; or
       ``(B) in the case of undergraduate fellowships, students
     may be allowed to use their fellowships abroad for
     intermediate or advanced study of a less commonly taught
     language.''.
       (d) Language Resource Centers.--Section 603(c) (20 U.S.C.
     1123(c)) is amended by inserting ``reflect the purposes of
     this part and'' after ``shall''.
       (e) Undergraduate International Studies and Foreign
     Language Programs.--Section 604 (20 U.S.C. 1124) is amended--
       (1) in subsection (a)(1), by striking ``combinations'' each
     place it appears and inserting ``consortia'';
       (2) in subsection (a)(2)--
       (A) in subparagraph (B)(ii), by striking ``teacher
     training'' and inserting ``teacher professional
     development'';
       (B) by redesignating subparagraphs (I) through (M) as
     subparagraphs (J) through (N), respectively;
       (C) by inserting after subparagraph (H) the following new
     subparagraph:
       ``(I) the provision of grants for educational programs
     abroad that are closely linked to the program's overall goals
     and have the purpose of promoting foreign language fluency
     and knowledge of world regions, except that not more than 10
     percent of a grant recipient's funds may be used for this
     purpose;''; and
       (D) in subparagraph (M)(ii) (as redesignated by
     subparagraph (B) of this paragraph), by striking ``elementary
     and secondary education institutions'' and inserting ``local
     educational agencies and public and private elementary and
     secondary education schools'';
       (3) in subsection (a)(4)(B), by inserting ``that
     demonstrates a need for a waiver or reduction'' before the
     period at the end;
       (4) in subsection (a)(6), by inserting ``reflect the
     purposes of this part and'' after ``shall'';
       (5) in subsection (a)(8), by striking ``may'' and inserting
     ``shall''; and
       (6) by striking subsection (c).
       (f) Research; Studies; Annual Report.--Section 605(a) (20
     U.S.C. 1125(a)) is amended by inserting before the period at
     the end of the first sentence the following: ``, including
     the systematic collection, analysis, and dissemination of
     data''.
       (g) Technological Innovation and Cooperation for Foreign
     Information Access.--Section 606 (20 U.S.C. 1126) is
     amended--
       (1) in subsection (a)--
       (A) by striking ``or consortia of such institutions or
     libraries'' and inserting ``or partnerships between such
     institutions or libraries and nonprofit educational
     organizations including museums'';
       (B) by striking ``new''; and
       (C) by inserting ``from foreign sources'' after
     ``disseminate information'';
       (2) in subsection (b)--
       (A) by inserting ``acquire and'' before ``facilitate
     access'' in paragraph (1);
       (B) by striking ``new means of'' in paragraph (3) and
     inserting ``new means and standards for'';
       (C) by striking ``and'' at the end of paragraph (6);
       (D) by striking the period at the end of paragraph (7) and
     inserting a semicolon; and
       (E) by inserting after paragraph (7) the following new
     paragraphs:
       ``(8) to establish linkages between grant recipients under
     subsection (a) with libraries, museums, organizations, or
     institutions of higher education located overseas to
     facilitate carrying out the purposes of this section; and
       ``(9) to carry out other activities deemed by the Secretary
     to be consistent with the purposes of this section.''; and
       (3) by adding at the end the following new subsection:
       ``(e) Special Rule.--The Secretary may waive or reduce the
     required non-Federal share for institutions that--
       ``(1) are eligible to receive assistance under part A or B
     of title III or under title V; and
       ``(2) have submitted a grant application under this section
     that demonstrates a need for a waiver or reduction.''.
       (h) Selection of Grant Recipients.--Section 607(b) (20
     U.S.C. 1127(b)) is amended--
       (1) by striking ``objectives'' and inserting ``missions'';
     and
       (2) by adding at the end the following new sentence: ``In
     keeping with the purposes of this part, the Secretary shall
     take into account the degree to which activities of centers,
     programs, and fellowships at institutions of higher education
     address national needs, generate and disseminate information,
     and foster debate on international issues.''.
       (i) Equitable Distribution.--Section 608(a) (20 U.S.C.
     1128(a)) is amended by adding at the end the following new
     sentence: ``Grants made under section 602 shall also reflect
     the purposes of this part.''.
       (j) Authorization of Appropriations.--Section 610 (20
     U.S.C. 1128b) is amended by striking ``1999'' and inserting
     ``2009''.
       (k) Conforming Amendments.--
       (1) Sections 603(a), 604(a)(5), and 612 (20 U.S.C. 1123(a),
     1124(a)(5), 1130-1) are each amended by striking
     ``combinations'' each place it appears and inserting
     ``consortia''.
       (2) Section 612 (20 U.S.C. 1130-1) is further amended by
     striking ``combination'' each place it appears and inserting
     ``consortium''.

     SEC. 602. BUSINESS AND INTERNATIONAL EDUCATION PROGRAMS.

       (a) Centers for International Business Education.--Section
     612 (20 U.S.C. 1130-1) is further amended--
       (1) in subsection (a)(1)(C), by inserting ``manufacturing
     software systems, technology management,'' after
     ``commerce,'';
       (2) in subsection (c)(2)(E), by inserting ``(including
     those that are eligible to receive assistance under part A or
     B of title III or under title V)'' after ``other institutions
     of higher education'';
       (3) in subsection (c)(2)--
       (A) by striking ``and'' at the end of subparagraph (E); and
       (B) by inserting the following new subparagraph after
     subparagraph (E) (and redesignating the succeeding
     subparagraph):
       ``(F) programs encouraging the advancement and
     understanding of cultural, technological management, and
     manufacturing software systems practices between institutions
     of higher education in the United States and countries with
     existing partnerships with other countries, including those
     in Asian countries focused on this industry; and''; and
       (4) in subsection (e), by adding at the end the following
     new paragraph:
       ``(5) Special rule.--The Secretary may waive or reduce the
     required non-Federal share for institutions that--
       ``(A) are eligible to receive assistance under part A or B
     of title III or under title V; and
       ``(B) have submitted a grant application under this section
     that demonstrates a need for a waiver or reduction, as
     determined by the Secretary.''.
       (b) Education and Training Programs.--Section 613 (20
     U.S.C. 1130a) is amended by adding at the end the following
     new subsection:
       ``(e) Special Rule.--The Secretary may waive or reduce the
     required non-Federal share for institutions that--
       ``(1) are eligible to receive assistance under part A or B
     of title III or under title V; and
       ``(2) have submitted a grant application under this section
     that demonstrates a need for a waiver or reduction, as
     determined by the Secretary.''.
       (c) Authorization of Appropriations.--Section 614 (20
     U.S.C. 1130b) is amended by striking ``1999'' each place it
     appears and inserting ``2009''.

     SEC. 603. INSTITUTE FOR INTERNATIONAL PUBLIC POLICY.

       (a) Foreign Service Professional Development.--Section 621
     (20 U.S.C. 1131) is amended--
       (1) by striking the heading of such section and inserting
     the following:

     ``SEC. 621. PROGRAM FOR FOREIGN SERVICE PROFESSIONALS.'';

       (2) by striking the second sentence of subsection (a) and
     inserting the following: ``The Institute shall conduct a
     program to enhance the international competitiveness of the
     United States by increasing the participation of
     underrepresented populations in the international service,
     including private international voluntary organizations, the
     international commercial service, and the foreign service of
     the United States.''; and
       (3) in subsection (b)(1), by striking subparagraphs (A) and
     (B) and inserting the following:
       ``(A) A Tribally Controlled College or University or Alaska
     Native or Native Hawaiian-serving institution eligible for
     assistance under title III, an institution eligible for
     assistance under part B of title III, or a Hispanic-serving
     institution eligible for assistance under title V.
       ``(B) An institution of higher education which serves
     substantial numbers of underrepresented minority students.''.
       (b) Institutional Development.--Section 622(a) (20 U.S.C.
     1131-1(a)) is amended by inserting before the period at the
     end the following: ``and promote collaboration with colleges
     and universities that receive funds under this title''.
       (c) Study Abroad Program.--Section 623(a) (20 U.S.C.
     1131a(a)) is amended by inserting after ``1978,'' the
     following: ``Alaska Native-serving, Native Hawaiian-serving,
     and Hispanic-serving institutions,''.
       (d) Advanced Degree in International Relations.--Section
     624 (20 U.S.C. 1131b) is amended--
       (1) by striking ``MASTERS'' in the heading of such section
     and inserting ``ADVANCED'';
       (2) by striking ``a masters degree in international
     relations'' and inserting ``an advanced degree in
     international relations, international affairs, international
     economics, or other academic areas related to the Institute
     fellow's career objectives''; and
       (3) by striking ``The masters degree program designed by
     the consortia'' and inserting ``The advanced degree study
     program shall be designed by the consortia, consistent with
     the fellow's career objectives, and''.
       (e) Internships.--Section 625 (20 U.S.C. 1131c) is
     amended--
       (1) in subsection (a), by inserting after ``1978,'' the
     following: ``Alaska Native-serving, Native Hawaiian-serving,
     and Hispanic-serving institutions,'';
       (2) in subsection (b)--
       (A) by inserting ``and'' after the semicolon at the end of
     paragraph (2);
       (B) by striking ``; and'' at the end of paragraph (3) and
     inserting a period; and
       (C) by striking paragraph (4); and
       (3) by amending subsection (c) to read as follows:
       ``(c) Ralph J. Bunche Fellows.--In order to assure the
     recognition and commitment of individuals from
     underrepresented student populations who demonstrate special
     interest in

[[Page H705]]

     international affairs and language study, eligible students
     who participate in the internship programs authorized under
     subsections (a) and (b) shall be known as the Ralph J. Bunche
     Fellows.''.
       (f) Report.--Section 626 (20 U.S.C. 1131d) is amended by
     striking ``annually prepare a report'' and inserting
     ``prepare a report biennially''.
       (g) Authorization of Appropriations.--Section 628 (20
     U.S.C. 1131f) is amended by striking ``1999'' and inserting
     ``2009''.

     SEC. 604. PREPARING FOR EARLY FOREIGN LANGUAGE INSTRUCTION.

       Title VI (20 U.S.C. 1121 et seq.) is amended--
       (1) by redesignating part D as part E;
       (2) by redesignating section 631 (20 U.S.C. 1132) as
     section 641; and
       (3) by inserting after section 628 the following new part:

       ``PART D--PREPARING FOR EARLY FOREIGN LANGUAGE INSTRUCTION

     ``SEC. 631. PREPARING FOR EARLY FOREIGN LANGUAGE INSTRUCTION.

       ``(a) Definitions.--In this section:
       ``(1) Eligible partnership.--The term `eligible
     partnership' means a partnership that--
       ``(A) shall include--
       ``(i) a foreign language department of an institution of
     higher education; and
       ``(ii) a local educational agency; and
       ``(B) may include--
       ``(i) another foreign language or teacher education
     department of an institution of higher education;
       ``(ii) another local educational agency, or an elementary
     or secondary school;
       ``(iii) a business;
       ``(iv) a nonprofit organization of demonstrated
     effectiveness, including a museum;
       ``(v) heritage or community centers for language study;
       ``(vi) language resource centers; or
       ``(vii) the State foreign language coordinator or State
     educational agency.
       ``(2) High-need local educational agency.--The term `high-
     need local educational agency' has the meaning given the term
     in section 2102 of the Elementary and Secondary Education Act
     of 1965 (20 U.S.C. 6602).
       ``(3) Articulated.--The term `articulated' means that each
     grade level of the foreign language program is designed to
     sequentially expand on the student achievement of the
     previous level with a goal toward achieving an established
     level of language proficiency.
       ``(b) Purpose.--The purpose of this section is to improve
     the performance of students in the study of foreign languages
     by encouraging States, institutions of higher education,
     elementary schools, and secondary schools to participate in
     programs that--
       ``(1) upgrade the status and stature of foreign language
     teaching by encouraging institutions of higher education to
     assume greater responsibility for improving foreign language
     teacher education through the establishment of a
     comprehensive, integrated system of recruiting and advising
     such teachers;
       ``(2) focus on education of foreign language teachers as a
     career-long process that should continuously stimulate
     teachers' intellectual growth and upgrade teachers' knowledge
     and skills;
       ``(3) bring foreign language teachers in elementary schools
     and secondary schools together with linguists or higher
     education foreign language professionals to increase the
     subject matter knowledge and improve the teaching skills of
     teachers through the use of more sophisticated resources that
     institutions of higher education are better able to provide
     than such schools; and
       ``(4) develop more rigorous foreign language curricula that
     contain--
       ``(A) professionally accepted standards for elementary and
     secondary education instruction;
       ``(B) standards expected for postsecondary study in foreign
     language; and
       ``(C) articulated foreign language programs from
     kindergarten through grade 12 that demonstrate increased
     competence and proficiency over time and grade.
       ``(c) Grants to Partnerships.--
       ``(1) In general.--The Secretary may award grants, on a
     competitive basis, to eligible partnerships to enable the
     eligible partnerships to pay the Federal share of the costs
     of carrying out the authorized activities described in this
     section.
       ``(2) Duration.--The Secretary shall award grants under
     this section for a period of 5 years.
       ``(3) Federal share.--The Federal share of the costs of the
     activities assisted under this section shall be--
       ``(A) 75 percent of the costs for the first year that an
     eligible partnership receives a grant payment under this
     section;
       ``(B) 65 percent of such costs for the second such year;
     and
       ``(C) 50 percent of such costs for each of the third,
     fourth, and fifth such years.
       ``(4) Non-federal share.--The non-Federal share of the
     costs of carrying out the authorized activities described in
     this section may be provided in cash or in kind, fairly
     evaluated.
       ``(5) Priority.--In awarding grants under this section, the
     Secretary shall give priority to eligible partnerships--
       ``(A) that include high-need local educational agencies; or
       ``(B) that emphasize the teaching of commonly taught and
     critical foreign languages in an articulated program that
     demonstrates increased competency and proficiency over grade
     and time.
       ``(d) Applications.--
       ``(1) In general.--Each eligible partnership desiring a
     grant under this section shall submit an application to the
     Secretary at such time, in such manner, and accompanied by
     such information as the Secretary may require.
       ``(2) Contents.--An application under paragraph (1) shall
     include--
       ``(A) an assessment of the teacher quality and professional
     development needs of all the schools and agencies
     participating in the eligible partnership with respect to the
     teaching and learning of foreign languages;
       ``(B) a description of how the activities to be carried out
     by the eligible partnership will be based on a review of
     relevant research, and an explanation of why the activities
     are expected to improve student performance and to strengthen
     the quality of foreign language instruction; and
       ``(C) a description of--
       ``(i) how the eligible partnership will carry out the
     authorized activities described in subsection (e); and
       ``(ii) the eligible partnership's evaluation and
     accountability plan as described in subsection (f).
       ``(e) Authorized Activities.--An eligible partnership shall
     use the grant funds provided under this section for 1 or more
     of the following activities related to elementary schools or
     secondary schools:
       ``(1) Creating opportunities for enhanced and ongoing
     professional development that improves the subject matter
     knowledge of foreign language teachers.
       ``(2) Recruiting university students with foreign language
     majors for teaching.
       ``(3) Promoting strong teaching skills for foreign language
     teachers and teacher educators.
       ``(4) Establishing foreign language summer workshops or
     institutes (including follow-up) for teachers.
       ``(5) Establishing distance learning programs for foreign
     language teachers.
       ``(6) Designing programs to prepare a teacher at a school
     to provide professional development to other teachers at the
     school and to assist novice teachers at such school,
     including (if applicable) a mechanism to integrate
     experiences from a summer workshop or institute.
       ``(7) Developing instruction materials.
       ``(f) Evaluation and Accountability Plan.--Each eligible
     partnership receiving a grant under this section shall
     develop an evaluation and accountability plan for activities
     assisted under this section that includes strong performance
     objectives. The plan shall include objectives and measures
     for--
       ``(1) increased participation by students in advanced
     courses in foreign language;
       ``(2) increased percentages of secondary school classes in
     foreign language taught by teachers with academic majors in
     foreign language; and
       ``(3) increased numbers of foreign language teachers who
     participate in content-based professional development
     activities.
       ``(g) Report.--Each eligible partnership receiving a grant
     under this section shall annually report to the Secretary
     regarding the eligible partnership's progress in meeting the
     performance objectives described in subsection (f).
       ``(h) Termination.--If the Secretary determines that an
     eligible partnership is not making substantial progress in
     meeting the performance objectives described in subsection
     (f) by the end of the third year of a grant under this
     section, the grant payments shall not be made for the fourth
     and fifth years of the grant.
       ``(i) Authorization of Appropriations.--There are
     authorized to be appropriated to carry out this section, such
     sums as may be necessary for fiscal year 2009 and for each of
     the 4 succeeding fiscal years.''.

     SEC. 605. EVALUATION, OUTREACH, AND DISSEMINATION.

       Part E of title VI, as redesignated by section 604 of this
     Act, is amended by inserting after section 641 (20 U.S.C.
     1132 (as so redesignated)) the following new section:

     ``SEC. 642. EVALUATION, OUTREACH, AND DISSEMINATION.

       ``The Secretary may use not more than one percent of the
     funds made available for this title for program evaluation,
     national outreach, and information dissemination
     activities.''.

     SEC. 606. STUDENT SAFETY.

       Part E of title VI, as redesignated by section 604 of this
     Act, is further amended by inserting after section 642 (as
     added by section 605 of this Act) the following new section:

     ``SEC. 643. STUDENT SAFETY.

       ``Applicants seeking funds under this title to support
     student travel and study abroad shall submit as part of their
     grant application a description of safety policies and
     procedures for students participating in the program while
     abroad.''.

     SEC. 607. SCIENCE AND TECHNOLOGY ADVANCED FOREIGN LANGUAGE
                   EDUCATION GRANT PROGRAM.

       Part E of title VI, as redesignated by section 604 of this
     Act, is further amended by inserting after section 643 (as
     added by section 606 of this Act) the following new section:

     ``SEC. 644. SCIENCE AND TECHNOLOGY ADVANCED FOREIGN LANGUAGE
                   EDUCATION GRANT PROGRAM.

       ``(a) Purpose.--It is the purpose of this section to
     support programs in colleges and universities that--
       ``(1) encourage students to develop--
       ``(A) an understanding of science and technology; and
       ``(B) foreign language proficiency; and
       ``(2) foster future international scientific collaboration.
       ``(b) Development.--The Secretary shall develop a program
     for the awarding of grants to institutions of higher
     education that develop innovative programs for the teaching
     of foreign languages.
       ``(c) Regulations and Requirements.--The Secretary shall
     promulgate regulations for the awarding of grants under
     subsection (b). Such regulations shall require institutions
     of higher education to use grant funds for, among other
     things--
       ``(1) the development of an on-campus cultural awareness
     program by which students attend classes taught in a foreign
     language and

[[Page H706]]

     study the science and technology developments and practices
     in a non-English speaking country;
       ``(2) immersion programs where students take science or
     technology related course work in a non-English speaking
     country; and
       ``(3) other programs, such as summer workshops, that
     emphasize the intense study of a foreign language and science
     technology.
       ``(d) Grant Distribution.--In distributing grants to
     institutions of higher education under this section, the
     Secretary shall give priority to--
       ``(1) institutions that have programs focusing on curricula
     that combine the study of foreign languages and the study of
     science and technology and produce graduates who have both
     skills; and
       ``(2) institutions teaching critical foreign languages.
       ``(e) Science.--In this section, the term `science' means
     any of the natural and physical sciences including chemistry,
     biology, physics, and computer science. Such term does not
     include any of the social sciences.
       ``(f) Appropriations Authorized.--There are authorized to
     be appropriated to carry out this section, such sums as may
     be necessary for fiscal year 2009 and for each subsequent
     fiscal year.''.

     SEC. 608. REPORTING BY INSTITUTIONS.

       Part E of title VI (20 U.S.C. 1122), as redesignated by
     section 604 of this Act, is further amended by inserting
     after section 644 (as added by section 607 of this Act) the
     following new section:

     ``SEC. 645. REPORTING BY INSTITUTIONS.

       ``(a) Applicability.--The data requirement in subsection
     (b) shall apply to an institution of higher education that
     receives funds for a center or program under this title if--
       ``(1) the amount of cash, or the fair market value, or
     both, of the contributions received from a foreign government
     or private sector corporation, foundation, or any other
     entity or individual (excluding domestic government entities)
     during any fiscal year exceeds $1,000,000 in the aggregate;
     and
       ``(2) the aggregate contribution is intended for use
     directly or indirectly by a center or program receiving funds
     under this title.
       ``(b) Data Required.--The Secretary shall require of each
     institution to which this paragraph applies under subsection
     (a), as part of the Integrated Postsecondary Education Data
     System (IPEDS) annual data collection, that such institution
     report the following data:
       ``(1) The names and addresses of any foreign government or
     private sector corporation, foundation, or any other entity
     or individual that contributed such amount of cash or such
     fair market value of other property as described in
     subsection (a)(1).
       ``(2) The amount of such cash or the fair market value of
     such property.
       ``(c) Exemption From Reporting.--The Secretary may, at the
     request of the donor, exempt domestic donors who make
     anonymous donations from the institutional reporting
     requirement of subsection (b)(1) to preserve the anonymity of
     their contribution. The data of institutions shall identify
     such donors as `anonymous'. This exemption does not apply to
     non-domestic donations.
       ``(d) Deadline.--Any report under subsection (b) shall be
     made no later than such date as the Secretary shall require.
       ``(e) Consequences of Failure To Report.--In the case of
     any institution from which a report is requested under
     subsection (b), if the Secretary does not receive a report in
     accordance with the deadline established under subsection
     (d), the Secretary shall--
       ``(1) make a determination that the institution of higher
     education has failed to make the report required by this
     paragraph;
       ``(2) transmit a notice of the determination to Congress;
     and
       ``(3) publish in the Federal Register a notice of the
     determination and the effect of the determination on the
     eligibility of the institution of higher education for
     contracts and grants under this title.''.

     SEC. 609. FEDERAL FOREIGN LANGUAGE EDUCATION MARKETING
                   CAMPAIGN.

       The Secretary of Education shall establish a foreign
     language education marketing campaign to encourage students
     at secondary schools and institutions of higher education to
     study foreign languages, particularly languages that are less
     commonly taught and critical to the national security of the
     United States.

                    TITLE VII--TITLE VII AMENDMENTS

     SEC. 701. JAVITS FELLOWSHIP PROGRAM.

       (a) Authority and Timing of Awards.--Section 701(a) (20
     U.S.C. 1132a(a)) is amended by inserting after the second
     sentence the following: ``For purposes of the exception in
     the preceding sentence, a master's degree in fine arts shall
     be considered a terminal degree.''.
       (b) Interruptions of Study.--Section 701(c) (20 U.S.C.
     1134(c)) is amended by adding at the end the following new
     sentence: ``In the case of other exceptional circumstances,
     such as active duty military service or personal or family
     member illness, the institution of higher education may also
     permit the fellowship recipient to interrupt periods of study
     for the duration of the tour of duty (in the case of military
     service) or not more than 12 months (in any other case), but
     without payment of the stipend.''.
       (c) Allocation of Fellowships.--Section 702(a)(1) (20
     U.S.C. 1134a(a)(1)) is amended--
       (1) in the first sentence, by inserting ``from diverse
     geographic regions'' after ``higher education''; and
       (2) by adding at the end the following new sentence: ``The
     Secretary shall also assure that at least one representative
     appointed to the Board represents an institution that is
     eligible for a grant under title III or V of this Act.''.
       (d) Stipends.--Section 703 (20 U.S.C. 1134b) is amended--
       (1) in subsection (a)--
       (A) by striking ``1999-2000'' and inserting ``2009-2010'';
     and
       (B) by striking ``Foundation graduate fellowships'' and
     inserting ``Foundation Graduate Research Fellowship Program
     on February 1 of such academic year''; and
       (2) in subsection (b), by amending paragraph (1)(A) to read
     as follows:
       ``(1) In general.--(A) The Secretary shall (in addition to
     stipends paid to individuals under this subpart) pay to the
     institution of higher education, for each individual awarded
     a fellowship under this subpart at such institution, an
     institutional allowance. Except as provided in subparagraph
     (B), such allowance shall be, for academic year 2009-2010 and
     succeeding academic years, the same amount as the
     institutional payment made for academic year 2008-2009,
     adjusted for academic year 2009-2010 and annually thereafter
     in accordance with inflation as determined by the Department
     of Labor's Consumer Price Index for All Urban Consumers for
     the previous calendar year.''.
       (e) Authorization of Appropriations.--Section 705 (20
     U.S.C. 1134d) is amended by striking ``1999'' and inserting
     ``2009''.

     SEC. 702. GRADUATE ASSISTANCE IN AREAS OF NATIONAL NEED.

       (a) Designation of Areas of National Need; Priority.--
     Section 712 (20 U.S.C. 1135a) is amended--
       (1) by amending subsection (b) to read as follows:
       ``(b) Designation of Areas of National Need.--After
     consultation with appropriate Federal and nonprofit agencies
     and organizations, including the National Science Foundation,
     the Department of Defense, the Department of Homeland
     Security, the National Academy of Sciences, and the Bureau of
     Labor Statistics, the Secretary shall designate areas of
     national need. In making such designations, the Secretary
     shall take into consideration--
       ``(1) the extent to which the interest in the area is
     compelling;
       ``(2) the extent to which other Federal programs support
     postbaccalaureate study in the area concerned;
       ``(3) an assessment of how the program may achieve the most
     significant impact with available resources;
       ``(4) an assessment of current and future professional
     workforce needs of the United States; and
       ``(5) the priority described in subsection (c).''; and
       (2) by adding at the end the following new subsection:
       ``(c) Priority.--The Secretary shall establish a priority
     for grants in order to prepare individuals for the
     professorate who will train highly qualified elementary and
     secondary mathematics and science teachers, special education
     teachers, and teachers who provide instruction for limited
     English proficient individuals. Such grants shall offer
     program assistance and graduate fellowships for--
       ``(1) post baccalaureate study related to teacher
     preparation and pedagogy in mathematics and science for
     students who have completed a master's degree or are pursuing
     a doctorate of philosophy in mathematics or science;
       ``(2) post baccalaureate study related to teacher
     preparation and pedagogy in special education and English
     language acquisition and academic proficiency for limited
     English proficient individuals; and
       ``(3) support of dissertation research in the fields of
     mathematics, science, special education, or second language
     pedagogy and second language acquisition.''.
       (b) Collaboration Required for Certain Applications.--
     Section 713(b) (20 U.S.C. 1135b) is amended--
       (1) by striking ``and'' at the end of paragraph (9);
       (2) by redesignating paragraph (10) as paragraph (11); and
       (3) by inserting after paragraph (9) the following new
     paragraph:
       ``(10) in the case of an application from a department,
     program, or unit in education or teacher preparation, provide
     assurances that such department, program, or unit will
     collaborate with departments, programs, or units in all
     content areas to ensure a successful combination of training
     in both teaching and such content; and''.
       (c) Stipends.--Section 714(b) (20 U.S.C. 1135c(b)) is
     amended--
       (1) by striking ``1999-2000'' and inserting ``2009-2010'';
     and
       (2) by striking ``Foundation graduate fellowships'' and
     inserting ``Foundation Graduate Research Fellowship Program
     on February 1 of such academic year''.
       (d) Additional Assistance.--Section 715(a)(1) (20 U.S.C.
     1135d(a)(1)) is amended--
       (1) by striking ``1999-2000'' and inserting ``2009-2010'';
       (2) by striking ``1998-1999'' and inserting ``2008-2009'';
     and
       (3) by inserting ``for All Urban Consumers'' after ``Price
     Index''.
       (e) Authorization of Appropriations.--Section 716 (20
     U.S.C. 1135e) is amended by striking ``1999'' and inserting
     ``2009''.
       (f) Technical Amendments.--Section 714(c) (20 U.S.C.
     1135c(c)) is amended--
       (1) by striking ``section 716(a)'' and inserting ``section
     715(a)''; and
       (2) by striking ``section 714(b)(2)'' and inserting
     ``section 713(b)(2)''.

     SEC. 703. THURGOOD MARSHALL LEGAL EDUCATIONAL OPPORTUNITY
                   PROGRAM.

       (a) Program Authority.--Section 721(a) (20 U.S.C. 1136(a))
     is amended--
       (1) by inserting ``middle and high school'' after
     ``disadvantaged''; and

[[Page H707]]

       (2) by striking the period at the end of the sentence and
     inserting ``and admission to law practice.''.
       (b) Eligibility.--Section 721(b) (20 U.S.C. 1136(b)) is
     amended by inserting ``middle and high school or'' before
     ``college student''.
       (c) Contract and Grant Purposes.--Section 721(c) (20 U.S.C.
     1136(c)) is amended--
       (1) by inserting ``middle and high school students'' after
     ``identify'' in paragraph (1);
       (2) by amending paragraph (2) to read as follows:
       ``(2) to prepare such students for study at accredited law
     schools and assist them with the development of analytical
     skills and study methods to enhance their success and promote
     completion of law school;'';
       (3) by striking ``and'' at the end of paragraph (4);
       (4) by striking the period at the end of paragraph (5) and
     inserting ``; and''; and
       (5) by adding at the end the following new paragraph:
       ``(6) to award Thurgood Marshall Fellowships to eligible
     law school students--
       ``(A) who participated in summer institutes authorized by
     subsection (d) and who are enrolled in an accredited law
     school; or
       ``(B) who are eligible law school students who have
     successfully completed a comparable summer institute program
     certified by the Council on Legal Educational Opportunity.''.
       (d) Services Provided.--Section 721(d)(1)(D) (20 U.S.C.
     1136(d)(1)(D)) is amended by inserting ``in analytical skills
     and study methods'' after ``courses''.
       (e) Authorization of Appropriations.--Section 721(h) (20
     U.S.C. 1136(h)) is amended by striking ``1999'' and inserting
     ``2009''.
       (f) General Provisions.--Subsection (e) of section 731 (20
     U.S.C. 1137(e)) is repealed.

     SEC. 704. PATSY T. MINK FELLOWSHIP PROGRAM.

       Part A of title VII (20 U.S.C. 1134) is further amended--
       (1) by redesignating subpart 4 as subpart 5;
       (2) in the heading of section 731, by striking ``SUBPARTS
     1, 2, AND 3'' and inserting ``SUBPARTS 1 THROUGH 4'';
       (3) in subsections (a) and (b) of section 731, by striking
     ``subparts 1, 2, and 3'' each place it appears and inserting
     ``subparts 1 through 4'';
       (4) in subsection (d) of such section, by striking
     ``subpart 1, 2, or 3'' and inserting ``subpart 1, 2, 3, or
     4''; and
       (5) by inserting after subpart 3 the following new subpart:

             ``Subpart 4--Patsy T. Mink Fellowship Program

     ``SEC. 722. PATSY T. MINK FELLOWSHIPS.

       ``(a) Purpose; Designation.--
       ``(1) Purpose.--It is the purpose of this subpart to
     provide a program of fellowship awards to assist highly
     qualified minorities and women to acquire the terminal
     master's degree or the doctorate degree in academic areas in
     which such individuals are underrepresented for the purpose
     of entering the higher education professoriate.
       ``(2) Eligible institutions.--For purposes of this subpart,
     the term `eligible institution' means an institution of
     higher education, or a consortium of such institutions, that
     offers a program of post baccalaureate study leading to a
     graduate degree.
       ``(3) Designation.--Each recipient of a fellowship award
     from an institution receiving a grant under this subpart
     shall be known as a Patsy T. Mink Graduate Fellow.
       ``(b) Program Authorized.--
       ``(1) Grants by secretary.--
       ``(A) In general.--From funds made available under
     subsection (e), the Secretary shall make grants to eligible
     institutions of higher education to enable such institutions
     to make fellowship awards to qualified students in accordance
     with the provisions of this subpart.
       ``(B) Priority consideration.--In making grant awards under
     this subpart, the Secretary shall consider the applicant
     institution's prior experience in producing doctorates and
     terminal master's degree holders who are minorities and
     females, and shall give priority consideration in making
     grants under this subpart to those institutions with a
     demonstrated record of producing minorities and women who
     have earned such degrees.
       ``(2) Distribution and amounts of grants.--
       ``(A) Equitable distribution.--In making such grants the
     Secretary shall, to the maximum extent feasible, ensure an
     equitable geographic distribution of awards and an equitable
     distribution among eligible public and private institutions
     of higher education that apply for grants under this subpart
     and that demonstrate the ability to achieve the purpose of
     this subpart.
       ``(B) Special rule.--To the maximum extent practical, the
     Secretary shall award at least 50 percent of the amount
     appropriated under this subpart to institutions of higher
     education eligible for assistance under titles III and V, or
     to consortia composed of otherwise eligible institutions of
     higher education and such minority-serving institutions.
       ``(C) Allocation.--In making such grants the Secretary
     shall, consistent with subparagraphs (A) and (B), allocate
     appropriated funds to those institutions whose applications
     indicate the ability to significantly increase the numbers of
     minorities and women entering the higher education
     professoriate and that commit institutional resources to the
     attainment of the purpose of this subpart. No grant made
     under this subpart shall support fewer than fifteen degree
     candidates consistent with subsection (d)(2).
       ``(D) Reallotment.--Whenever the Secretary determines that
     an institution of higher education is unable to utilize all
     of the amounts made available to it under this subpart, the
     Secretary shall, on such dates during the fiscal year as the
     Secretary may determine, reallocate such unused amounts to
     institutions which demonstrate that they can use any
     reallocated grant funds to make fellowship awards to
     qualified individuals under this subpart.
       ``(c)  Applications.--
       ``(1) Applications required.--Any eligible institution of
     higher education offering a program of post baccalaureate
     study leading to a graduate degree that meets the purpose of
     this subpart may apply for a grant. Each such institution, or
     consortium of eligible institutions (including those
     institutions specified in subsection (b)(2)(B)) may make an
     application to the Secretary at such time, in such manner,
     and containing or accompanied by such information as the
     Secretary may reasonably require.
       ``(2) Selection of applications.--In selecting applications
     for the making grants to institutions of higher education,
     the Secretary shall--
       ``(A) take into account the number and distribution of
     minority and female faculty nationally, as well as the
     current and projected need for highly trained individuals--
       ``(i) in all areas of the higher education professoriate;
     and
       ``(ii) in academic career fields in which minorities and
     women are underrepresented in the higher education
     professoriate; and
       ``(B) consider the need to prepare a larger number of
     minorities and women generally in academic career fields of
     high national priority, especially in areas in which such
     individuals are traditionally underrepresented in college and
     university faculties.
       ``(d) Fellowship Terms and Conditions.--
       ``(1) Selection of fellows.--
       ``(A) Eligible applicants.--The Secretary shall assure
     that, in awarding fellowships from funds made available under
     this subpart, grantee institutions make fellowship awards to
     individuals who plan to pursue a career in instruction at any
     institution of higher education that is eligible to
     participate in title IV programs.
       ``(B) Academic progress.--Notwithstanding subparagraph (A),
     no otherwise eligible student selected for support shall
     receive a fellowship award--
       ``(i) during periods in which such student is enrolled,
     unless such student is maintaining satisfactory academic
     progress in, and devoting full-time to, study or research in
     the pursuit of the degree for which the fellowship support
     was awarded; or
       ``(ii) if the student is engaged in gainful employment,
     other than part-time employment related to teaching,
     research, or a similar activity determined by the institution
     to be consistent with and supportive of the student's
     progress toward the appropriate degree.
       ``(2) Service requirement.--
       ``(A) Teaching required.--Each Patsy T. Mink Graduate
     Fellow who earns the doctoral or terminal master's degree
     with assistance provided under this subpart shall teach at an
     eligible institution for one year for each year of fellowship
     assistance received under this subpart.
       ``(B) Institutional obligation.--Each institution which
     receives an award from the Secretary under this subpart shall
     provide an assurance that it has inquired of and determined
     the fellowship recipient's decision to, within 3 years of
     receiving the doctorate or terminal master's degree, begin
     employment at an eligible institution of higher education as
     required by this subpart.
       ``(C) Agreement required.--Prior to receiving the initial
     fellowship award, and upon the annual renewal of the
     fellowship award, a fellow shall sign an agreement with the
     Secretary memorializing this commitment to enter the
     professoriate.
       ``(D) Consequences of failure.--If a fellowship recipient
     fails to honor the service requirement of this subsection,
     the Secretary shall--
       ``(i) require the individual to repay all or the applicable
     portion of the total fellowship amount awarded to the
     individual by converting the balance due to a loan at the
     interest rate applicable to loans made under part B of title
     IV; or
       ``(ii) require the individual to pay an amount determined
     by the Secretary to be appropriate, except as provided in
     subparagraph (E).
       ``(E) Modified service requirement.--The Secretary may
     waive or modify the service requirement of this paragraph
     based on regulations, promulgated pursuant to and consistent
     with criteria which determine the circumstances under which
     compliance with the service obligation by the fellowship
     recipient would be inequitable and represent a substantial
     hardship. The Secretary may waive the service requirement
     if--
       ``(i) compliance by the fellowship recipient would be
     deemed impossible because the individual is permanently and
     totally disabled at the time of the waiver request; or
       ``(ii) compliance by the fellowship recipient is based on
     documentation presented to the Secretary of substantial
     economic or personal hardship, as determined in accordance
     with regulations prescribed by the Secretary.
       ``(3) Amount of fellowship awards.--
       ``(A) In general.--From the grants made pursuant to this
     subpart, eligible institutions shall award stipends to
     individuals who are awarded fellowships under this subpart.
     Such stipends shall reflect the purpose of the program
     authorized by this subpart to encourage highly qualified
     minorities and women to pursue graduate study for the purpose
     of entering the higher education professoriate.
       ``(B) Awards based on need.--Stipends shall be in an amount
     equal to the level of support provided by the National
     Science Foundation graduate fellowships, except that such
     stipend shall be adjusted as necessary so as not to exceed
     the fellow's demonstrated need as determined by the
     institution of higher education where the graduate student is
     enrolled.
       ``(4) Institutional payments.--

[[Page H708]]

       ``(A) In general.--The Secretary shall, in addition to the
     amounts made available to institutions for stipends to
     individuals under this subpart, pay to grantee institutions
     of higher education, for each individual awarded a fellowship
     under this subpart at such institution, an institutional
     allowance. Except as provided for in subparagraph (C), such
     allowance shall be, for academic year 2009-2010 and
     succeeding academic years, the same as the institutional
     payment made for that year under the Graduate Assistance in
     Areas of National Need program in subpart 2 of part A, and
     shall be adjusted annually thereafter in accordance with
     inflation as determined by the Department of Labor's Consumer
     Price Index for All Urban Consumers for the previous calendar
     year.
       ``(B) Use of funds.--Institutional payments may be expended
     at the discretion of the institution, except that such funds
     shall be used to provide academic support and career
     transition services for participating fellows.
       ``(C) Reduction.--The institutional allowance paid under
     subparagraph (A) shall be reduced by the amount the
     institution charges and collects from a fellowship recipient
     for tuition and other expenses as part of the institution's
     instructional program.
       ``(D) Use for overhead prohibited.--Funds made available
     pursuant to this subpart may not be used for general
     operational overhead of the academic department or
     institution receiving such funds.
       ``(e) Authorization of Appropriations.--There are
     authorized to appropriated to carry out this subpart such
     sums as may be necessary for fiscal year 2009 and for each of
     the 4 succeeding fiscal years.''.

     SEC. 705. FUND FOR THE IMPROVEMENT OF POSTSECONDARY
                   EDUCATION.

       (a) Contract and Grant Purposes.--Section 741(a) (20 U.S.C.
     1138(a)) is amended--
       (1) by amending paragraph (1) to read as follows:
       ``(1) the encouragement of the reform and improvement of,
     and innovation in, postsecondary education and the provision
     of educational opportunity for all, especially for the non-
     traditional student populations;'';
       (2) in paragraph (2), by inserting before the semicolon at
     the end the following: ``for postsecondary students,
     especially institutions, programs, and joint efforts that
     provide academic credit for programs'';
       (3) by amending paragraph (3) to read as follows:
       ``(3) the establishment of institutions and programs based
     on the technology of communications, including delivery by
     distance education;'';
       (4) by amending paragraph (6) to read as follows:
       ``(6) the introduction of institutional reforms designed to
     expand individual opportunities for entering and reentering
     postsecondary institutions and pursuing programs of
     postsecondary study tailored to individual needs;'';
       (5) by striking ``and'' at the end of paragraph (7);
       (6) by striking the period at the end of paragraph (8) and
     inserting a semicolon; and
       (7) by adding at the end the following new paragraphs:
       ``(9) the assessment, in partnership with a public or
     private nonprofit institution or agency, of the performance
     of teacher preparation programs within institutions of higher
     education in a State, using an assessment which provides
     comparisons across such institutions within the State based
     upon indicators including teacher candidate knowledge in
     subject areas in which such candidate has been prepared to
     teach;
       ``(10) the support of efforts to establish pilot programs
     and initiatives to help college campuses reduce illegal
     downloading of copyrighted content, in order to improve the
     security and integrity of campus computer networks and save
     bandwidth costs;
       ``(11) the support of increased fire safety in student
     housing--
       ``(A) by establishing a demonstration incentive program for
     qualified student housing in institutions of higher
     education;
       ``(B) by making grants for the purpose of installing fire
     alarm detection, prevention, and protection technologies in
     student housing, dormitories, and other buildings controlled
     by such entities; and
       ``(C) by requiring, as a condition of such grants--
       ``(i) that such technologies be installed professionally to
     technical standards of the National Fire Protection
     Association; and
       ``(ii) that the recipient shall provide non-Federal
     matching funds in an amount equal to the amount of the grant;
       ``(12) the assessment, in partnership with a consortium of
     higher education organizations, of the feasibility and
     potential design of an inter-institution monitoring
     organization on gender and racial equality in campus faculty
     and administration;
       ``(13) the provision of support and assistance to
     partnerships between institutions of higher education and
     secondary schools with at least 10 percent of their
     enrollment assessed as late-entering limited English
     proficient students to establish programs that result in
     increased secondary school graduation rates of limited
     English proficient students and that increase the number of
     eligible late-entering limited English proficient students
     who pursue postsecondary education opportunities;
       ``(14) the provision of support and assistance for
     demonstration projects to provide comprehensive support
     services to ensure that homeless students, or students who
     were in foster care until the age of 18, enroll and succeed
     in postsecondary education, including providing housing to
     such students during periods when housing at the institution
     of higher education is closed or generally unavailable to
     other students;
       ``(15) the support of efforts to work with organizations
     that are exempt from taxation under section 501(c)(3) of the
     Internal Revenue Code of 1986 and institutions of higher
     education that seek to promote cultural diversity in the
     entertainment media industry including through the training
     of students in production, marketing, and distribution of
     culturally relevant content; and
       ``(16) the creation of consortia that join diverse
     institutions of higher education to design and offer
     curricular and co-curricular interdisciplinary programs at
     the undergraduate and graduate levels, sustained for not less
     than a 5 year period, that--
       ``(A) focus on poverty and human capability; and
       ``(B) include--
       ``(i) a service-learning component; and
       ``(ii) the delivery of educational services through
     informational resource centers, summer institutes, mid-year
     seminars, and other educational activities that stress the
     effects of poverty and how poverty can be alleviated through
     different career paths.''.
       (b) Scholarship Program for Family Members of Veterans or
     Members of the Military; Center for Best Practices To Support
     Single Parent Students.--Section 741 (20 U.S.C. 1138) is
     further amended by adding at the end the following new
     subsections:
       ``(c) Scholarship Program for Family Members of Veterans or
     Members of the Military.--
       ``(1) Authorization.--The Secretary shall contract with a
     nonprofit organization with demonstrated experience in
     carrying out the activities described in this subsection to
     carry out a program to provide postsecondary education
     scholarships for eligible students.
       ``(2) Eligible students.--In this subsection, the term
     `eligible student' means an individual who is--
       ``(A)(i) a dependent student who is a child of--
       ``(I) an individual who is--

       ``(aa) serving on active duty during a war or other
     military operation or national emergency (as defined in
     section 481); or
       ``(bb) performing qualifying National Guard duty during a
     war or other military operation or national emergency (as
     defined in section 481); or

       ``(II) a veteran who died while serving or performing, as
     described in subclause (I), since September 11, 2001, or has
     been disabled while serving or performing, as described in
     subclause (I), as a result of such event; or
       ``(ii) an independent student who--
       ``(I) is a spouse of an individual who is--

       ``(aa) serving on active duty during a war or other
     military operation or national emergency (as defined in
     section 481); or
       ``(bb) performing qualifying National Guard duty during a
     war or other military operation or national emergency (as
     defined in section 481); or

       ``(II) was (at the time of the death of the veteran) a
     spouse of a veteran who died while serving or performing, as
     described in subclause (I), since September 11, 2001, or has
     been disabled while serving or performing, as described in
     subclause (I), as a result of such event; and
       ``(B) enrolled as a full-time or part-time student at an
     institution of higher education (as defined in section 102).
       ``(3) Awarding of scholarships.--Scholarships awarded under
     this subsection shall be awarded based on need with priority
     given to eligible students who are eligible to receive
     Federal Pell Grants under subpart 1 of part A of title IV.
       ``(4) Maximum scholarship amount.--The maximum scholarship
     amount awarded to an eligible student under this subsection
     for an academic year shall be the lesser of--
       ``(A) the difference between the eligible student's cost of
     attendance (as defined in section 472) and any non-loan based
     aid such student receives; or
       ``(B) $5,000.
       ``(5) Amounts for scholarships.--All of the amounts
     appropriated to carry out this subsection for a fiscal year
     shall be used for scholarships awarded under this subsection,
     except that a nonprofit organization receiving a contract
     under this subsection may use not more than 1 percent of such
     amounts for the administrative costs of the contract.
       ``(d) Center for Best Practices To Support Single Parent
     Students.--
       ``(1) Program authorized.--The Secretary is authorized to
     award 1 grant or contract to an institution of higher
     education to enable such institution to establish and
     maintain a center to study and develop best practices for
     institutions of higher education to support single parents
     who are also students attending such institutions.
       ``(2) Institution requirements.--The Secretary shall award
     the grant or contract under this subsection to a 4-year
     institution of higher education that has demonstrated
     expertise in the development of programs to assist single
     parents who are students at institutions of higher education,
     as shown by the institution's development of a variety of
     targeted services to such students, including on-campus
     housing, child care, counseling, advising, internship
     opportunities, financial aid, and financial aid counseling
     and assistance.
       ``(3) Center activities.--The center funded under this
     section shall--
       ``(A) assist institutions implementing innovative programs
     that support single parents pursuing higher education;
       ``(B) study and develop an evaluation protocol for such
     programs that includes quantitative and qualitative
     methodologies;
       ``(C) provide appropriate technical assistance regarding
     the replication, evaluation, and continuous improvement of
     such programs; and

[[Page H709]]

       ``(D) develop and disseminate best practices for such
     programs.''.
       (c) Prohibition.--Section 741 is further amended by adding
     after subsection (d) (as added by subsection (b) of this
     section) the following new subsection:
       ``(e) Prohibition.--No funds made available under this part
     may be used to provide financial assistance to students who
     do not meet the requirements of section 484(a)(5).''.
       (d) Technical Amendments.--Part B of title VII (20 U.S.C.
     1038 et seq.) is further amended--
       (1) in section 742 (20 U.S.C. 1138a)--
       (A) in subsection (b)--
       (i) by striking ``(1) In general.--''; and
       (ii) by striking paragraph (2);
       (B) in subsection (c), by striking ``and the Director''
     each place it appears; and
       (C) in subsection (d), by striking ``Director'' and
     inserting ``Secretary'';
       (2) in section 743 (20 U.S.C. 1138b)--
       (A) by striking ``(a) Technical Employees.--''; and
       (B) by striking subsection (b); and
       (3) in section 744(a) (20 U.S.C. 1138c(a)), by striking
     ``Director'' each place it appears and inserting
     ``Secretary''.
       (e) Areas of National Need.--Section 744(c) (20 U.S.C.
     1138c(c)) is amended by adding at the end the following:
       ``(5) Establishment of academic programs including graduate
     and undergraduate courses, seminars and lectures, support of
     research, and development of teaching materials for the
     purpose of supporting faculty and academic programs that
     teach traditional American history (including significant
     constitutional, political, intellectual, economic,
     diplomatic, and foreign policy trends, issues, and documents;
     the history, nature, and development of democratic
     institutions of which American democracy is a part; and
     significant events and individuals in the history of the
     United States).''.
       (f) Authorization of Appropriations.--Section 745 (20
     U.S.C. 1138d) is amended by striking ``$30,000,000 for fiscal
     year 1999'' and inserting ``$40,000,000 for fiscal year
     2009''.

     SEC. 706. URBAN-SERVING RESEARCH UNIVERSITIES.

       Part C of title VII (20 U.S.C. 1139 et seq.) is amended to
     read as follows:

             ``PART C--URBAN-SERVING RESEARCH UNIVERSITIES

     ``SEC. 751. PURPOSE; PROGRAM AUTHORIZED.

       ``(a) Purpose.--It is the purpose of this part to provide
     incentives to urban-serving research universities to enable
     such universities to expand research knowledge and to develop
     and implement initiatives in partnership with community-based
     organizations and other public or nonprofit private entities
     to strengthen city economies, foster innovation and
     opportunity, and solve urban challenges.
       ``(b) Program Authorized.--The Secretary is authorized to
     award grants to urban-serving research universities to enable
     such universities to carry out the activities described in
     section 753 in accordance with the provisions of this part.

     ``SEC. 752. APPLICATION FOR URBAN-SERVING RESEARCH UNIVERSITY
                   GRANTS.

       ``(a) Application.--An urban-serving research university
     seeking assistance under this part shall submit to the
     Secretary an application at such time, in such manner, and
     containing such information as the Secretary may reasonably
     require.
       ``(b) Priority in Selection of Applications.--The Secretary
     shall give priority to applications that propose to conduct
     joint projects supported by Federal, State, and local
     programs other than the program under this Act. In addition,
     the Secretary shall give priority to urban-serving research
     universities with a demonstrated record of effective
     engagement in serving the communities in which such
     universities are located.

     ``SEC. 753. ALLOWABLE ACTIVITIES.

       ``An urban-serving research university shall use funds
     awarded under this part to further develop and apply research
     findings to the development, implementation, and ongoing
     evaluation of--
       ``(1) systemic initiatives with elementary and secondary
     schools and other educational organizations designed to--
       ``(A) improve teacher quality and retention; or
       ``(B) develop strategies to improve postsecondary and
     workplace readiness, particularly in fields related to
     science, technology, engineering, and mathematics;
       ``(2) innovative economic revitalization efforts in
     conjunction with community-based organizations and other
     public or nonprofit private entities; or
       ``(3) public health outreach, education, and intervention
     activities designed to reduce health disparities in urban
     areas, in partnership with community-based organizations and
     other public or nonprofit private entities.

     ``SEC. 754. DEFINITIONS.

       ``As used in this part:
       ``(1) Urban area.--The term `urban area' means a city with
     a population of not less than 200,000 within a metropolitan
     statistical area.
       ``(2) Urban-serving research university.--The term `urban-
     serving research university' means a public institution of
     higher education that--
       ``(A) meets the requirements of section 101;
       ``(B) is located in an urban area;
       ``(C) has the capacity to conduct applicable research, as
     demonstrated by awarding more than 10 doctoral degrees per
     academic year;
       ``(D) draws a substantial portion of its students from the
     urban area in which such institution is located; and
       ``(E) has demonstrated and sustained a sense of
     responsibility to such urban area and the people of such
     area.

     ``SEC. 755. AUTHORIZATION OF APPROPRIATIONS.

       ``There are authorized to be appropriated to carry out this
     part $50,000,000 for fiscal year 2009 and such sums as may be
     necessary for each of the 4 succeeding fiscal years.''.

     SEC. 707. PROGRAMS TO ENSURE STUDENTS WITH DISABILITIES
                   RECEIVE A QUALITY HIGHER EDUCATION.

       (a) Serving All Students With Disabilities.--Section 762(a)
     (20 U.S.C. 1140a(a)) is amended by striking ``students with
     learning disabilities'' and inserting ``students with
     disabilities''.
       (b) Authorized Activities.--
       (1) Amendment.--Section 762(b)(2) is amended--
       (A) in subparagraph (A)--
       (i) by inserting ``, including methods and strategies
     consistent with the principles of universal design for
     learning'' after ``strategies''; and
       (ii) by inserting ``in order to improve retention and
     completion'' after ``disabilities'';
       (B) by redesignating subparagraphs (B) and (C) as
     subparagraphs (C) and (F), respectively;
       (C) by inserting after subparagraph (A) the following new
     subparagraph:
       ``(B) Effective transition practices.--The development of
     innovative, effective, and efficient teaching methods and
     strategies to ensure the smooth transition of students with
     disabilities from high school to postsecondary education.'';
     and
       (D) by inserting after subparagraph (C) (as redesignated by
     subparagraph (B) of this paragraph) the following new
     subparagraphs:
       ``(D) Distance learning.--The development of innovative,
     effective, and efficient teaching methods and strategies to
     provide faculty and administrators with the ability to
     provide accessible distance education programs or classes
     that would enhance access of students with disabilities to
     higher education, including the use of accessible electronic
     communication for instruction and advisement.
       ``(E) Accessibility of education.--Making postsecondary
     education more accessible to students with disabilities
     through the use of accessible instructional materials and
     curriculum development, consistent with the principles of
     universal design for learning.''.
       (2) Report.--Section 762 is further amended by adding at
     the end the following new subsection:
       ``(d) Report.--Not later than 3 years after the date of
     enactment of the College Opportunity and Affordability Act of
     2007, the Secretary shall prepare and disseminate a report
     reviewing the activities of the demonstration projects
     authorized under this subpart and providing guidance and
     recommendations on how successful projects can be
     replicated.''.
       (3) Conforming amendment.--Section 762(b)(3) is amended by
     striking ``subparagraphs (A) through (C)'' and inserting
     ``subparagraphs (A) through (F)''.
       (c) Applications.--Section 763 (20 U.S.C. 1140b) is
     amended--
       (1) by amending paragraph (1) to read as follows:
       ``(1) a description of how such institution plans to
     address the activities allowed under this subpart;'';
       (2) in paragraph (2)--
       (A) by striking ``institution to develop'' and inserting
     ``institution, including students with disabilities, to
     develop''; and
       (B) by striking ``and'' at the end;
       (3) by striking the period at the end of paragraph (3) and
     inserting ``; and''; and
       (4) by adding at the end the following new paragraph:
       ``(4) a description of the extent to which an institution
     will work to replicate the best practices of institutions of
     higher education with demonstrated success in serving
     students with disabilities.''.
       (d) Authorization of Appropriations for Demonstration
     Projects To Ensure Students With Disabilities Receive a
     Quality Higher Education.--Section 765 (20 U.S.C. 1140d) is
     amended by striking ``1999'' and inserting ``2009''.
       (e) National Technical Assistance Center; Commission on
     Accessible Materials; Programs To Support Improved Access to
     Materials; Transition Programs for Students With Intellectual
     Disabilities; Coordinating Center.--Part D of title VII (20
     U.S.C. 1140 et seq.) is further amended--
       (1) in the part heading, by striking ``DEMONSTRATION
     PROJECTS'' and inserting ``PROGRAMS'';
       (2) by inserting after the part heading the following:

                ``Subpart 1--Quality Higher Education''

     ; and
       (3) by adding at the end the following:

   ``Subpart 2--National Technical Assistance Center; Commission on
 Accessible Materials; Programs to Support Improved Access to Materials

     ``SEC. 766. NATIONAL CENTER.

       ``(a) Purpose.--It is the purpose of this subpart to
     support the development of a national center to provide
     information and technical assistance for students with
     disabilities to improve the postsecondary recruitment,
     retention, and completion success rates of such students.
       ``(b) Establishment and Support.--The Secretary shall, by
     grant, contract, or cooperative agreement with an eligible
     entity or partnership of two or more eligible entities,
     provide for the establishment and support of a National
     Center for Information and Technical Support for
     Postsecondary Students with Disabilities (hereinafter in this
     subpart referred to as the `Center') which shall carry out
     the duties set forth in subsection (d).
       ``(c) Eligible Entity.--In this subpart, the term `eligible
     entity' means an institution of higher education or a private
     nonprofit organization with demonstrated expertise in--
       ``(1) supporting postsecondary students with disabilities;

[[Page H710]]

       ``(2) technical knowledge necessary for the accessible
     dissemination of information; and
       ``(3) working with a diverse range of types of institutions
     of higher education, including community colleges.
       ``(d) Duties.--The duties of the Center shall include the
     following:
       ``(1) Assistance to students and families.--The Center
     shall provide information and technical assistance to
     students with disabilities, their families, and disability
     support service personnel related to practices supporting
     students across a broad spectrum of disabilities, including--
       ``(A) information to assist prospective students with
     disabilities in planning their postsecondary academic career
     while they are in middle and secondary school;
       ``(B) research-based supports, services, and accommodations
     which are available in postsecondary settings, including
     services provided by other agencies such as vocational
     rehabilitation;
       ``(C) information on student mentoring and networking
     opportunities; and
       ``(D) successful recruitment and transition programs in
     existence in postsecondary institutions.
       ``(2) Assistance to institutions of higher education.--The
     Center shall provide information and technical assistance to
     faculty, staff, and administrators of institutions of higher
     education to improve the services provided to, the
     accommodations for, the retention rates of, and the
     completion rates of, students with disabilities in higher
     education settings, which may include--
       ``(A) collection and dissemination of promising practices
     and materials for accommodation and support of students with
     disabilities;
       ``(B) development and provision of training modules for
     higher education faculty on exemplary practices for
     accommodating and supporting students with disabilities
     across a range of academic fields; or
       ``(C) development of Internet-based tutorials for faculty,
     including graduate teaching assistants and new faculty, on
     promising practices related to support and retention of
     students with disabilities in postsecondary education.
       ``(3)  Information collection and dissemination.--The
     Center shall be responsible for building and maintaining a
     database of disability support services information with
     respect to institutions of higher education, which shall be
     available to the general public through a website built to
     the highest technical standards of accessibility currently
     practicable for the broad spectrum of individuals with
     disabilities. Such database and website shall include
     information on--
       ``(A) disability documentation requirements;
       ``(B) support services available;
       ``(C) links to financial aid;
       ``(D) accommodations policies;
       ``(E) accessible instructional materials;
       ``(F) other topics relevant to students with disabilities
     and prospective students with disabilities; and
       ``(G) the information in the report described in paragraph
     (5).
       ``(4) Professional standards for disability support
     personnel.--The Center shall consolidate and disseminate
     information with respect to professional standards in
     existence for disability support services personnel and
     offices in institutions of higher education and shall convene
     a panel of experts to create and disseminate professional
     standards for such personnel and offices.
       ``(5) Review and report.--The Center shall annually prepare
     and disseminate a report analyzing the current condition of
     postsecondary success for students with disabilities. Such
     report shall include--
       ``(A) a review of the activities of the programs authorized
     under ths part;
       ``(B) enrollment and graduation rates of students with
     disabilities in institutions of higher education;
       ``(C) guidance on how successful postsecondary supports and
     services for students with disabilities could be widely
     implemented at institutions of higher education;
       ``(D) guidance on how to reduce barriers to full
     participation for students with disabilities in higher
     education; and
       ``(E) a description of activities necessary to facilitate a
     substantial improvement in the postsecondary success of such
     students.
       ``(e) Staffing of the Center.--The Center shall employ
     disability support personnel with proven expertise in
     providing training and technical assistance to practitioners.
     Such personnel shall provide technical assistance to
     individual colleges and universities seeking to provide
     appropriate supports and services to students with
     disabilities to improve enrollment, retention, and completion
     rates of such students.

     ``SEC. 766A. ESTABLISHMENT OF ADVISORY COMMISSION ON
                   ACCESSIBLE INSTRUCTIONAL MATERIALS IN
                   POSTSECONDARY EDUCATION FOR STUDENTS WITH
                   DISABILITIES.

       ``(a) Establishment.--
       ``(1) In general.--The Secretary shall establish a
     commission to be known as the Advisory Commission on
     Accessible Instructional Materials in Postsecondary Education
     for Students with Disabilities, in this subpart referred to
     as the `Commission'.
       ``(2) Membership.--
       ``(A) The Commission shall include one representative of
     each of the following:
       ``(i) Department of Education Office of Postsecondary
     Education.
       ``(ii) Department of Education Office of Special Education
     and Rehabilitative Services.
       ``(iii) Department of Education Office for Civil Rights.
       ``(iv) Library of Congress National Digital Information and
     Infrastructure Preservation Program Copyright Working Group.
       ``(v) Association on Higher Education and Disability.
       ``(vi) Association of American Publishers.
       ``(vii) Association of American University Presses.
       ``(viii) National Association of College Stores.
       ``(ix) National Council on Disability.
       ``(B) The Commission shall be composed of at least one but
     not more than two representatives, as appointed by the
     Secretary, of each of the following:
       ``(i) Staff from institutions of higher education with
     demonstrated experience teaching or supporting students with
     print disabilities, representing each of the following:

       ``(I) Large public institution of higher education.
       ``(II) Small public institution of higher education.
       ``(III) Large private institution of higher education.
       ``(IV) Small private institution of higher education.
       ``(V) Large community college.
       ``(VI) Small community college.

       ``(ii) Producers of materials in specialized formats,
     including each of the following:

       ``(I) Braille.
       ``(II) Audio or synthesized speech.
       ``(III) Digital media.

       ``(iii) Developers of accessibility and publishing software
     and supporting technologies.
       ``(iv) National organizations serving individuals with
     visual impairments that have demonstrated experience in
     technology evaluation research, academic publishing,
     production of material in accessible formats, and educational
     methodologies for such for individuals.
       ``(v) Postsecondary students with visual impairment.
       ``(vi) Postsecondary students with dyslexia or other
     learning disabilities related to reading.
       ``(vii) Attorneys with expertise in copyright law.
       ``(C) The Commission shall include at least two, but not
     more than three, representatives as appointed by the
     Secretary, of national membership organizations representing
     individuals with print disabilities, including each of the
     following:
       ``(i) Individuals with visual impairments.
       ``(ii) Individuals with learning disabilities related to
     reading.
       ``(D) The appointments of the members of the Commission
     shall be made not later than 45 days after the date of
     enactment of the College Opportunity and Affordability Act of
     2007.
       ``(3) Period of appointment; vacancies.--Members shall be
     appointed for the life of the Commission. Any vacancy in the
     Commission shall not affect its powers, but shall be filled
     in the same manner as the original appointment.
       ``(4) Initial meeting.--Not later than 30 days after the
     date on which all members of the Commission have been
     appointed, the Commission shall hold the Commission's first
     meeting.
       ``(5) Meetings.--The Commission shall meet at the call of
     the Chairperson. Meetings shall be publicly announced in
     advance and open to the public.
       ``(6) Quorum.--A majority of the members of the Commission
     shall constitute a quorum, but a lesser number of members may
     hold hearings.
       ``(7) Chairperson and vice chairperson.--The Commission
     shall select a chairperson and vice chairperson from among
     the members of the Commission.
       ``(b) Duties of the Commission.--
       ``(1) Study.--
       ``(A) In general.--The Commission shall conduct a thorough
     study to assess the barriers, systemic issues, and technical
     solutions available which may affect or improve the timely
     delivery and quality of accessible instructional materials
     for postsecondary students, faculty, and staff with print
     disabilities, and make recommendations related to the
     development of a comprehensive approach that will ensure that
     postsecondary students with print disabilities can access
     instructional materials in specialized formats in a timeframe
     comparable to the availability of standard instructional
     materials for students without disabilities.
       ``(B) Existing information.--To the extent practicable, in
     carrying out the study under this paragraph, the Commission
     shall identify and use existing research, recommendations,
     and information from--
       ``(i) the Model Demonstration Programs to Support Improved
     Access to Postsecondary Instructional Materials for Students
     with Print Disabilities, as described in section 766B;
       ``(ii) the Advisory Council and the Technical Assistance
     and Development Centers of the National Instructional
     Materials Access Center;
       ``(iii) the Library of Congress National Digital
     Information and Infrastructure Preservation Program Copyright
     Working Group;
       ``(iv) the Association of Higher Education and Disabilities
     E-Text Solutions Working Group;
       ``(v) the Recording for the Blind and Dyslexic's Technology
     Advisory Committee;
       ``(vi) the Association of American Publishers Higher
     Education Division's Critical Issues Task Force; and
       ``(vii) other existing research related to the creation and
     distribution of accessible instructional materials for
     students with print disabilities.
       ``(C) Recommendations.--The Commission shall develop
     recommendations to be used to inform Federal regulation and
     legislation, to identify best practices for systems of
     creating, collecting, maintaining, processing, and
     disseminating materials in specialized formats to eligible
     students, faculty, and staff while providing adequate
     copyright protections. In developing such recommendations,
     the Commission shall consider--
       ``(i) how to ensure that students with print disabilities
     may obtain instructional materials in accessible formats
     within a timeframe comparable to the availability of
     materials for students without disabilities;

[[Page H711]]

       ``(ii) the feasibility and technical parameters of
     establishing national standardized electronic file formats
     such as, but not limited to, the National Instructional
     Materials Accessibility Standard as defined in section
     674(e)(3)(B) of the Individuals with Disabilities Education
     Act, to be provided by publishers of instructional materials
     to producers of specialized formats, institutions of higher
     education, and eligible students;
       ``(iii) the feasibility of the establishment of a national
     clearinghouse, repository, or file-sharing network for
     electronic files in specialized formats and files used in
     producing instructional materials in specialized formats, and
     a list of possible entities qualified to administer such a
     clearinghouse, repository, or network;
       ``(iv) the feasibility of including such a national
     clearinghouse, repository, or file-sharing network in the
     duties of the Center described in section 766;
       ``(v) market-based solutions involving collaborations
     between publishers of instructional materials, producers of
     specialized formats, and institutions of higher education,
     including--

       ``(I) barriers and opportunities to market entry;
       ``(II) unique concerns affecting university presses, small
     publishers, and solutions incorporating such works into a
     shared system; and
       ``(III) solutions utilizing universal design;

       ``(vi) solutions for low-incidence, high-cost requests for
     materials in specialized formats; and
       ``(vii) definitions of instructional materials, authorized
     entities, and eligible students.
       ``(2) Report.--Not later than 24 months after the first
     meeting, the Commission shall submit a report to the
     Secretary and to Congress that shall contain a detailed
     statement of the findings and conclusions of the Commission
     resulting from the study under subsection (a), together with
     the Commission's recommendations for such legislation and
     administrative actions as the Commission considers to be
     appropriate to implement the development of a comprehensive
     approach that will ensure that postsecondary students with
     print disabilities can access instructional materials in
     specialized formats in a timeframe comparable to the
     availability of standard instructional materials for students
     without disabilities.
       ``(3) Facilitation of exchange of information.--In carrying
     out the study under subsection (a), the Commission shall, to
     the extent practicable, facilitate the exchange of
     information concerning the issues that are the subject of the
     study among--
       ``(A) officials of the Federal Government;
       ``(B) educators from Federal, State, and local institutions
     of higher education and secondary schools;
       ``(C) publishers of instructional materials;
       ``(D) producers of materials in specialized formats;
       ``(E) representatives from the community of individuals
     with print disabilities; and
       ``(F) participants in the Model Demonstration Programs to
     Support Improved Access to Postsecondary Instructional
     Materials for Students with Print Disabilities, as described
     in section 766B.
       ``(c) Commission Personnel Matters.--
       ``(1) Compensation of members.--Each member of the
     Commission who is not an officer or employee of the Federal
     Government shall serve without compensation. All members of
     the Commission who are officers or employees of the United
     States shall serve without compensation in addition to that
     received for their services as officers or employees of the
     United States.
       ``(2) Travel expenses.--The members of the Commission shall
     be allowed travel expenses, including per diem in lieu of
     subsistence, at rates authorized for employees of agencies
     under subchapter I of chapter 57 of title 5, United States
     Code, while away from their homes or regular places of
     business in the performance of services for the Commission.
       ``(3) Staff.--
       ``(A) In general.--The Chairperson of the Commission may,
     without regard to the civil service laws and regulations,
     appoint and terminate an executive director and such other
     additional personnel as may be necessary to enable the
     Commission to perform the Commission's duties. The employment
     of an executive director shall be subject to confirmation by
     the Commission.
       ``(B) Compensation.--The Chairperson of the Commission may
     fix the compensation of the executive director and other
     personnel without regard to the provisions of chapter 51 and
     subchapter III of chapter 53 of title 5, United States Code,
     relating to classification of positions and General Schedule
     pay rates, except that the rate of pay for the executive
     director and other personnel may not exceed the rate payable
     for level V of the Executive Schedule under section 5316 of
     such title.
       ``(4) Detail of government employees.--Any Federal
     Government employee may be detailed to the Commission without
     reimbursement, and such detail shall be without interruption
     or loss of civil service status or privilege.
       ``(5) Procurement of temporary and intermittent services.--
     The Chairperson of the Commission may procure temporary and
     intermittent services under section 3109(b) of title 5,
     United States Code, at rates for individuals that do not
     exceed the daily equivalent of the annual rate of basic pay
     prescribed for level V of the Executive Schedule under
     section 5316 of such title.
       ``(d) Termination of the Commission.--The Commission shall
     terminate on the date that is 90 days after the date on which
     the Commission submits the Commission's report under
     subsection (b)(2).

     ``SEC. 766B. MODEL DEMONSTRATION PROGRAMS TO SUPPORT IMPROVED
                   ACCESS TO POSTSECONDARY INSTRUCTIONAL MATERIALS
                   FOR STUDENTS WITH PRINT DISABILITIES.

       ``(a) Purpose.--It is the purpose of this section to
     support model demonstration programs to encourage the
     development of systems to improve the timely delivery and
     quality of postsecondary instructional materials in
     specialized formats to students with print disabilities,
     including systems to improve efficiency and reduce
     duplicative efforts across multiple institutions of higher
     education.
       ``(b) In General.--The Secretary shall, on a competitive
     basis, award grants to, and enter into cooperative agreements
     with, a minimum of one partnership of two or more eligible
     entities to support the activities described in subsections
     (d) and (e).
       ``(c) Partnership of Eligible Entities.--In this section, a
     partnership of two or more eligible entities--
       ``(1) shall include--
       ``(A) an institution of higher education with demonstrated
     expertise in meeting the needs of students with print
     disabilities, including retention and completion of such
     students; and
       ``(B) a public or private entity with demonstrated
     expertise in working with the creation of accessible
     instructional materials in specialized formats for
     postsecondary students with print disabilities, and the
     technical development expertise necessary for the efficient
     dissemination of such materials, including procedures to
     protect against copyright infringement with respect to the
     creation, use, and distribution of print course materials in
     specialized formats; and
       ``(2) may include one or more publishers of instructional
     materials.
       ``(d) Required Activities.--The Secretary shall support the
     development and implementation of the following:
       ``(1) Processes and systems to help identify, and verify
     eligibility of, postsecondary students with print
     disabilities in need of instructional materials in
     specialized formats.
       ``(2) Procedures and systems to facilitate and simplify
     request methods for accessible instructional materials in
     specialized formats from eligible students, which may include
     a single point-of-entry system.
       ``(3) Procedures and systems to coordinate between
     institutions of higher education, publishers of instructional
     materials, and entities that produce materials in specialized
     formats, to efficiently facilitate requests for such
     materials, the responses to such requests, and the delivery
     of such materials.
       ``(4) Delivery systems that will ensure the timely
     provision of instructional materials in specialized formats
     to eligible students, which may include electronic file
     distribution.
       ``(5) Systems to encourage reduction of duplicative
     conversions of the same instructional materials for multiple
     eligible students at multiple institutions of higher
     education when such conversions may be shared.
       ``(6) Procedures to protect against copyright infringement
     with respect to the creation, use, and distribution of
     instructional materials while maintaining accessibility for
     students with print disabilities, which may include digital
     technologies such as watermarking, fingerprinting, and other
     emerging strategies.
       ``(7) Awareness, outreach, and training activities for
     faculty, staff, and students related to the acquisition and
     dissemination of instructional materials in specialized
     formats and instructional materials utilizing universal
     design.
       ``(8) Evaluation of the effectiveness of the programs under
     this section.
       ``(9) Guidance on how successful procedures and systems
     described in paragraphs (1) through (7) could be disseminated
     and implemented on a national basis.
       ``(e) Authorized Activities.--The Secretary may support the
     development and implementation of the following:
       ``(1) Approaches limited to instructional materials used in
     smaller categories of postsecondary courses, such as
     introductory, first-, and second-year courses.
       ``(2) Market-based approaches for making instructional
     materials in specialized formats directly available to
     eligible students at prices comparable to standard
     instructional materials.
       ``(3) Approaches supporting a unified search across
     multiple databases or lists of available materials.
       ``(f) Application.--A partnership of eligible entities that
     wishes to apply for a grant under this section shall submit
     an application for such grant at such time, in such manner
     and in such format as the Secretary may prescribe. The
     application shall include information on how the partnership
     will implement activities under subsection (d) and, as
     applicable, subsection (e).
       ``(g) Priority.--In awarding grants under this section, the
     Secretary shall give priority consideration to any
     applications that include development and implementation of
     the procedures and systems described in subsection (e)(2) or
     (e)(3).
       ``(h) Report to Congress.--The Secretary shall submit
     annually to the authorizing committees a report that
     includes--
       ``(1) the number of grants and the amount of funds
     distributed under this section;
       ``(2) a summary of the purposes for which the grants were
     provided and an evaluation of the progress made under such
     grants;
       ``(3) a summary of the activities implemented under
     subsection (d) and, as applicable, subsection (e), including
     data on the number of students served and the number of
     instructional material requests executed and delivered in
     specialized formats; and
       ``(4) an evaluation of the effectiveness of programs funded
     under this section.
       ``(i) Model Expansion.--After 3 years, the Secretary shall
     review the results of the evaluations of participating
     partnerships, as well as the Commission report described in
     section 766A. If the Secretary finds that models used under

[[Page H712]]

     this section are effective in improving the timely delivery
     and quality of materials in specialized formats and provide
     adequate protections against copyright infringement, the
     Secretary may expand the demonstration program to additional
     grantees reflecting regional and programmatic partnerships.
       ``(j) Model Expansion Special Rule.--The Commission's
     recommendations shall be submitted to the Secretary and a
     public comment period shall be issued prior to any expansion
     under subsection (i). No later than 90 days after close of
     public comment period, the Secretary shall issue guidance to
     new and existing grantees, taking into consideration the
     final Commission recommendations and public comments.
       ``(k) Rule of Construction.--Nothing in this subpart shall
     be construed to limit or preempt any State law requiring the
     production or distribution of postsecondary instructional
     materials in accessible formats to students with
     disabilities.

     ``SEC. 766C. AUTHORIZATION OF APPROPRIATIONS.

       ``There are authorized to be appropriated to carry out this
     subpart such sums as may be necessary for fiscal year 2009
     and each of the 4 succeeding fiscal years.

    ``Subpart 3--Transition Programs for Students With Intellectual
        Disabilities Into Higher Education; Coordinating Center

     ``SEC. 767. PURPOSE.

       ``The purpose of this subpart is to support model
     demonstration programs that promote the successful transition
     of students with intellectual disabilities into higher
     education.

     ``SEC. 768. DEFINITIONS.

       ``In this subpart:
       ``(1) Comprehensive transition and postsecondary program
     for students with intellectual disabilities.--The term
     `comprehensive transition and postsecondary program for
     students with intellectual disabilities' means a degree,
     certificate, or nondegree program that is--
       ``(A) offered by an institution of higher education; and
       ``(B) is described in section 484(s)(3).
       ``(2) Student with an intellectual disability.--The term
     `student with an intellectual disability' means a student who
     meets the criteria described in paragraphs (1) through (4) of
     section 484(s).

     ``SEC. 769. MODEL COMPREHENSIVE TRANSITION AND POSTSECONDARY
                   PROGRAMS FOR STUDENTS WITH INTELLECTUAL
                   DISABILITIES.

       ``(a) Grants Authorized.--
       ``(1) In general.--The Secretary shall annually award
     grants, on a competitive basis, to institutions of higher
     education (or consortia of institutions of higher education),
     to create or expand high-quality, inclusive model
     comprehensive transition and postsecondary programs for
     students with intellectual disabilities.
       ``(2) Duration of grants.--A grant under this section shall
     be awarded for a period of 5 years.
       ``(b) Application.--An institution of higher education (or
     a consortium) desiring 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) Preference.--In awarding grants under this section,
     the Secretary shall give preference to institutions of higher
     education (or consortia) that--
       ``(1) will carry out a model program under the grant in a
     State that does not already have a comprehensive transition
     and postsecondary program for students with intellectual
     disabilities; or
       ``(2) in the application submitted under subsection (b),
     agree to incorporate 1 or more of the following elements into
     the model programs carried out under the grant:
       ``(A) The formation of a partnership with any relevant
     agency serving students with intellectual disabilities, such
     as a vocational rehabilitation agency.
       ``(B) In the case of an institution of higher education
     that provides institutionally owned or operated housing for
     students attending the institution, the integration of
     students with intellectual disabilities into such housing.
       ``(C) The involvement of students attending the institution
     of higher education who are studying special education,
     general education, vocational rehabilitation, assistive
     technology, or related fields in the model program carried
     out under the grant.
       ``(d) Use of Funds.--An institution of higher education (or
     consortium) receiving a grant under this section shall use
     the grant funds to establish a model comprehensive transition
     and postsecondary program for students with intellectual
     disabilities that--
       ``(1) serves students with intellectual disabilities;
       ``(2) provides individual supports and services for the
     academic and social inclusion of students with intellectual
     disabilities in academic courses, extracurricular activities,
     and other aspects of the institution of higher education's
     regular postsecondary program;
       ``(3) with respect to the students with intellectual
     disabilities participating in the model program, provides a
     focus on--
       ``(A) academic enrichment;
       ``(B) socialization;
       ``(C) independent living, including self-advocacy skills;
     and
       ``(D) integrated work experiences and career skills that
     lead to gainful employment;
       ``(4) integrates person-centered planning in the
     development of the course of study for each student with an
     intellectual disability participating in the model program;
       ``(5) participates with the coordinating center established
     under section 770 in the evaluation of the model program;
       ``(6) partners with 1 or more local educational agencies to
     support the participation of students with intellectual
     disabilities in the model program who are still eligible for
     special education and related services under the Individuals
     with Disabilities Education Act, including regarding the
     utilization of funds available under part B of such Act for
     such students;
       ``(7) plans for the sustainability of the model program
     after the end of the grant period; and
       ``(8) creates and offers a meaningful credential for
     students with intellectual disabilities upon the completion
     of the model program.
       ``(e) Matching Requirement.--An institution of higher
     education that receives a grant under this section shall
     provide matching funds toward the cost of the model
     comprehensive transition and postsecondary program for
     students with intellectual disabilities carried out under the
     grant, which may be provided in cash or in kind, in an amount
     not less than 25 percent of the amount of such grant funds.
       ``(f) Report.--Not later than 3 years after the date of
     enactment of the College Opportunity and Affordability Act of
     2007, the Secretary shall prepare and disseminate a report to
     the authorizing committees and to the public that reviews the
     activities of the model comprehensive transition and
     postsecondary programs for students with intellectual
     disabilities authorized under this subpart and provides
     guidance and recommendations on how successful programs can
     be replicated.

     ``SEC. 770. COORDINATING CENTER FOR TECHNICAL ASSISTANCE,
                   EVALUATION, AND DEVELOPMENT OF ACCREDITATION
                   STANDARDS.

       ``(a) In General.--
       ``(1) Award.--The Secretary shall, on a competitive basis,
     enter into a cooperative agreement with an eligible entity,
     for the purpose of establishing a coordinating center for
     technical assistance, evaluation, and development of
     accreditation standards for institutions of higher education
     that offer inclusive model comprehensive transition and
     postsecondary programs for students with intellectual
     disabilities.
       ``(2) Duration.--The cooperative agreement under this
     section shall be for a period of 5 years.
       ``(b) Requirements of Cooperative Agreement.--The eligible
     entity entering into a cooperative agreement under this
     section shall establish and maintain a center that shall--
       ``(1) serve as the technical assistance entity for all
     model comprehensive transition and postsecondary programs for
     students with intellectual disabilities assisted under
     section 769;
       ``(2) provide technical assistance regarding the
     development, evaluation, and continuous improvement of such
     programs;
       ``(3) develop an evaluation protocol for such programs that
     includes qualitative and quantitative methodology measuring
     student outcomes and program strengths in the areas of
     academic enrichment, socialization, independent living, and
     competitive or supported employment;
       ``(4) assist recipients of grants under section 769 in
     efforts to award a meaningful credential to students with
     intellectual disabilities upon the completion of such
     programs, which credential takes into consideration unique
     State factors;
       ``(5) develop model criteria, standards, and procedures to
     be used in accrediting such programs that--
       ``(A) include, in the development of the model criteria,
     standards, and procedures for such programs, the
     participation of--
       ``(i) an expert in higher education;
       ``(ii) an expert in special education;
       ``(iii) a disability organization that represents students
     with intellectual disabilities; and
       ``(iv) a national, State, or regional accrediting agency or
     association recognized by the Secretary under subpart 2 of
     part H of title IV; and
       ``(B) define the necessary components of such programs,
     such as--
       ``(i) academic, vocational, social, and independent living
     skills;
       ``(ii) evaluation of student progress;
       ``(iii) program administration and evaluation;
       ``(iv) student eligibility; and
       ``(v) issues regarding the equivalency of a student's
     participation in such programs to semester, trimester,
     quarter, credit, or clock hours at an institution of higher
     education, as the case may be;
       ``(6) analyze possible funding streams for such programs
     and provide recommendations regarding funding streams;
       ``(7) develop model memoranda of agreement between
     institutions of higher education and agencies providing
     funding for such programs;
       ``(8) develop mechanisms for regular communication between
     the recipients of grants under section 769 regarding such
     programs; and
       ``(9) host a meeting of all recipients of grants under
     section 769 not less often than once each year.
       ``(c) Definition of Eligible Entity.--In this section, the
     term `eligible entity' means an entity, or a partnership of
     entities, that has demonstrated expertise in the fields of
     higher education, students with intellectual disabilities,
     the development of comprehensive transition and postsecondary
     programs for students with intellectual disabilities,
     evaluation, and technical assistance.

     ``SEC. 770A. AUTHORIZATION OF APPROPRIATIONS.

       ``There are authorized to be appropriated such sums as may
     be necessary to carry out this subpart for fiscal year 2009
     and each of the 4 succeeding fiscal years.''.
       (f) Conforming Amendments.--Part D of title VII (20 U.S.C.
     1140 et seq.) is further amended--
       (1) in section 761, by striking ``part'' and inserting
     ``subpart'';
       (2) in section 762 (as amended by subsection (a)), by
     striking ``part'' each place the term appears and inserting
     ``subpart'';

[[Page H713]]

       (3) in section 763, in the matter preceding paragraph (1),
     by striking ``part'' and inserting ``subpart'';
       (4) in section 764, by striking ``part'' and inserting
     ``subpart''; and
       (5) in section 765, by striking ``part'' and inserting
     ``subpart''.

     SEC. 708. SUBGRANTS TO NONPROFIT ORGANIZATIONS.

       Section 771(e) (20 U.S.C. 1141(e)), as added by section 802
     of the College Cost Reduction and Access Act of 2007, is
     amended by inserting after ``of this Act)'' the following:
     ``, or those who have agreements with the Secretary under
     section 435(d)(5)(J)''.

     SEC. 709. NURSING EDUCATION.

       Title VII (20 U.S.C. 1133 et seq.) is further amended by
     adding at the end the following new part:

                      ``PART F--NURSING EDUCATION

     ``SEC. 776. ADDITIONAL CAPACITY FOR R.N. STUDENTS OR
                   GRADUATE-LEVEL NURSING STUDENTS.

       ``(a) Authorization.--The Secretary shall award grants to
     institutions of higher education that offer--
       ``(1) a R.N. nursing program at the baccalaureate or
     associate degree level to enable such program to expand the
     faculty and facilities of such program to accommodate
     additional R.N. nursing program students; or
       ``(2) a graduate-level nursing program to accommodate
     advanced practice degrees for Registered Nurses or to
     accommodate students enrolled in a graduate-level nursing
     program to provide teachers of nursing students.
       ``(b) Determination of Number of Students and
     Application.--Each institution of higher education that
     offers a program described in subsection (a) that desires to
     receive a grant under this section shall--
       ``(1) determine for the 4 academic years preceding the
     academic year for which the determination is made the average
     number of matriculated nursing program students at such
     institution for such academic years; and
       ``(2) submit an application to the Secretary at such time,
     in such manner, and accompanied by such information as the
     Secretary may require, including the average number
     determined under paragraph (1).
       ``(c) Grant Amount; Award Basis.--
       ``(1) Grant amount.--For each academic year after academic
     year 2008-2009, the Secretary is authorized to provide to
     each institution of higher education awarded a grant under
     this section an amount that is equal to $3,000 multiplied by
     the number of matriculated nursing program students at such
     institution for such academic year that is more than the
     average number determined with respect to such institution
     under subsection (b)(1). Such amount shall be used for the
     purposes described in subsection (a).
       ``(2) Distribution of grants among different degree
     programs.--
       ``(A) In general.--Subject to subparagraph (B), from the
     funds available to award grants under this section for each
     fiscal year, the Secretary shall--
       ``(i) use 20 percent of such funds to award grants under
     this section to institutions of higher education for the
     purpose of accommodating advanced practice degrees or
     students in graduate-level nursing programs;
       ``(ii) use 40 percent of such funds to award grants under
     this section to institutions of higher education for the
     purpose of expanding R.N. nursing programs at the
     baccalaureate degree level; and
       ``(iii) use 40 percent of such funds to award grants under
     this section to institutions of higher education for the
     purpose of expanding R.N. nursing programs at the associate
     degree level.
       ``(B) Distribution of excess funds.--If, for a fiscal year,
     funds described in clause (i), (ii), or (iii) of subparagraph
     (A) remain available after the Secretary awards grants under
     this section to all applicants for the particular category of
     nursing programs described in such clause, the Secretary
     shall use equal amounts of the remaining funds to award
     grants under this section to applicants for the remaining
     categories of nursing programs.
       ``(C) Equitable distribution.--In awarding grants under
     this section, the Secretary shall, to the extent practicable,
     ensure--
       ``(i) an equitable geographic distribution of the grants
     among the States; and
       ``(ii) an equitable distribution of the grants among
     different types of institutions of higher education.
       ``(d) Prohibition.--
       ``(1) Use of funds.--Funds provided under this section may
     not be used for the construction of new facilities.
       ``(2) Rule of construction.--Nothing in paragraph (1) shall
     be construed to prohibit funds provided under this section
     from being used for the repair or renovation of facilities.

     ``SEC. 777. NURSE FACULTY PILOT PROJECT.

       ``(a) Purposes.--The purposes of this section are to create
     a pilot program--
       ``(1) to provide scholarships to qualified nurses in
     pursuit of an advanced degree with the goal of becoming
     faculty members in an accredited nursing program; and
       ``(2) to provide grants to partnerships between accredited
     schools of nursing and hospitals or health facilities to fund
     release time for qualified nurse employees, so that those
     employees can earn a salary while obtaining an advanced
     degree in nursing with the goal of becoming nurse faculty.
       ``(b) Assistance Authorized.--
       ``(1) Competitive grants authorized.--The Secretary may, on
     a competitive basis, award grants to, and enter into
     contracts and cooperative agreements with, partnerships
     composed of an accredited school of nursing at an institution
     of higher education and a hospital or health facility to
     establish not more than 5 pilot projects to enable such
     hospital or health facility to retain its staff of
     experienced nurses while providing a mechanism to have such
     nurses become, through an accelerated nursing education
     program, faculty members of an accredited school of nursing.
       ``(2) Duration; evaluation and dissemination.--
       ``(A) Duration.--Grants under this section shall be awarded
     for a period of 3 to 5 years.
       ``(B) Mandatory evaluation and dissemination.--Grants under
     this section shall be primarily used for evaluation, and
     dissemination to other institutions of higher education, of
     the information obtained through the activities described in
     subsection (a)(2).
       ``(3) Considerations in making awards.--In awarding grants
     and entering into contracts and cooperative agreements under
     this section, the Secretary shall consider the following:
       ``(A) Geographic distribution.--Providing an equitable
     geographic distribution of such grants.
       ``(B) Rural and urban areas.--Distributing such grants to
     urban and rural areas.
       ``(C) Range and type of institution.--Ensuring that the
     activities to be assisted are developed for a range of types
     and sizes of institutions of higher education.
       ``(D) Prior experience or exceptional programs.--The extent
     to which institutions of higher education have demonstrated
     prior experience in providing advanced nursing education
     programs to prepare nurses interested in pursuing a faculty
     role.
       ``(4) Uses of funds.--Funds made available by grant,
     contract, or cooperative agreement under this section may be
     used--
       ``(A) to develop a new national demonstration initiative to
     align nursing education with the emerging challenges of
     healthcare delivery; and
       ``(B) for any one or more of the following innovations in
     educational programs:
       ``(i) To develop a clinical simulation laboratory in a
     hospital, health facility, or accredited school of nursing.
       ``(ii) To purchase distance learning technologies.
       ``(iii) To fund release time for qualified nurses enrolled
     in the graduate nursing program.
       ``(iv) To provide for faculty salaries.
       ``(v) To collect and analyze data on educational outcomes.
       ``(c) Applications.--Each partnership desiring to receive a
     grant, contract, or cooperative agreement under this section
     shall submit an application to the Secretary at such time, in
     such manner, and accompanied by such information as the
     Secretary may require. Each application shall include
     assurances that--
       ``(1) the individuals enrolled in the program will be
     qualified nurses in pursuit of a master's or doctoral degree
     in nursing and have a contractual obligation with the
     hospital or health facility that is in partnership with the
     institution of higher education;
       ``(2) the hospital or health facility of employment will be
     the clinical site for the accredited school of nursing
     program;
       ``(3) individuals enrolled in the program will maintain
     their employment on a part-time basis with the hospital or
     health facility that allowed them to participate in the
     program, and will receive an income from the hospital or
     health facility, as a part-time employee, and release times
     or flexible schedules to accommodate their class schedule;
     and
       ``(4) upon completion of the program, such individuals will
     be required to teach for 2 years in an accredited school of
     nursing for each year of support the individual received
     under this program.
       ``(d) Definition.--For purposes of this section, the term
     `health facility' means an Indian Health Service center, a
     Native Hawaiian health center, a hospital, a federally
     qualified health center, a rural health clinic, a nursing
     home, a home health agency, a hospice program, a public
     health clinic, a State or local department of public health,
     a skilled nursing facility, or an ambulatory surgical center.
       ``(e) Authorization of Appropriations.--There are
     authorized to be appropriated to carry out this section not
     more than $10,000,000 for fiscal year 2009 and such sums as
     may be necessary for each of the 4 succeeding fiscal
     years.''.

     SEC. 710. NATIONAL STUDY ON HIGHER EDUCATION ACCESS AND
                   SUCCESS FOR STUDENTS WITH DISABILITIES.

       (a) Study.--The Comptroller General shall conduct a study
     of the barriers to, and opportunities for, the full
     participation of students with disabilities in institutions
     of higher education. The study shall address--
       (1) the extent to which, and manner in which, students with
     disabilities are--
       (A) prepared to participate in postsecondary education upon
     enrollment;
       (B) applying to different types of institutions of higher
     education;
       (C) accepted into different types of institutions of higher
     education;
       (D) enrolling in and attending different types of
     institutions of higher education;
       (E) utilizing financial aid programs; and
       (F) completing programs of study at different types of
     institutions of higher education;
       (2) factors that influence the accessibility of higher
     education for a broad spectrum of students with different
     disabilities, including--
       (A) physical access;
       (B) communication and outreach in accessible formats,
     including websites, admissions information, financial aid
     information, and other general information;
       (C) availability of accessible instructional materials in a
     timely manner;
       (D) financial factors; and
       (E) eligibility for, and ability to access, adequate
     support services;

[[Page H714]]

       (3) the effectiveness and capacity of disability support
     services in helping to recruit, retain, and support students
     with disabilities to complete their programs of study, and
     the role of disability support services relative to other
     departments in institutions of higher education, including--
       (A) the number of staff working in disability support
     services offices;
       (B) the budgets of disability support services offices; and
       (C) the placement of the disability support services
     offices within the administrative structure of the
     institutions of higher education;
       (4) the extent to which institutions of higher education
     provide assistance to students with disabilities to
     coordinate with, and receive services from, other support
     programs that may be available to such students, including
     services provided by local educational agencies, vocational
     rehabilitation agencies, Social Security, Medicaid, and other
     Federal, State, and local programs; and
       (5) in institutions of higher education that have been
     effective in recruiting and graduating students with
     disabilities, the factors that may contribute to such
     effectiveness, including--
       (A) faculty and staff preparation related to working with
     students with disabilities;
       (B) program characteristics;
       (C) accommodations and supports available; and
       (D) any other relevant factors.
       (b) Report.--The Comptroller General shall submit a report
     regarding the results of the study under subsection (a) to
     the authorizing committees (as defined in section 103 of the
     Higher Education Act of 1965 (20 U.S.C. 1003)) no later than
     24 months after the date of the enactment of this Act.

                    TITLE VIII--ADDITIONAL PROGRAMS

     SEC. 801. ADDITIONAL PROGRAMS.

       The Higher Education Act of 1965 is further amended by
     adding at the end the following new title:

                   ``TITLE VIII--ADDITIONAL PROGRAMS

     ``SEC. 800. AUTHORIZATION OF APPROPRIATIONS.

       ``There are authorized to be appropriated to carry out this
     title such sums as may be necessary for fiscal year 2009 and
     each of the 4 succeeding fiscal years.

                         ``PART A--LOW TUITION

     ``SEC. 801. INCENTIVES AND REWARDS FOR LOW TUITION.

       ``(a) Rewards for Low Tuition.--
       ``(1) Competitive grants.--From funds made available under
     section 800, the Secretary shall award grants on a
     competitive basis to institutions of higher education that,
     for academic year 2008-2009 or any succeeding academic year,
     have an annual net tuition increase (expressed as a
     percentage) for the most recent academic year for which
     satisfactory data is available that is equal to or less than
     the percentage change in the higher education price index for
     such academic year.
       ``(2) Use of funds.--Funds awarded to an institution of
     higher education under paragraph (1) shall be distributed by
     the institution in the form of need-based grant aid to
     students who are eligible for Federal Pell Grants, except
     that no student shall receive an amount under this section
     that would cause the amount of total financial aid received
     by such student to exceed the cost of attendance of the
     institution.
       ``(b) Rewards for Guaranteed Tuition.--
       ``(1) Bonus.--For each institution of higher education that
     the Secretary determines complies with the requirements of
     paragraph (2) or (3) of this subsection, the Secretary shall
     provide to such institution a bonus amount. Such institution
     shall award the bonus amount in the form of need-based aid
     first to students who are eligible for Federal Pell Grants
     who were in attendance at the institution during the award
     year that such institution satisfied the eligibility criteria
     for maintaining low tuition and fees, then to students who
     are eligible for Federal Pell Grants who were not in
     attendance at the institution during such award year.
       ``(2) 4-year institutions.--An institution of higher
     education that provides a program of instruction for which it
     awards a bachelor's degree complies with the requirements of
     this paragraph if such institution guarantees that for any
     academic year (or the equivalent) beginning on or after July
     1, 2008, and for each of the 4 succeeding continuous academic
     years, the net tuition charged to an undergraduate student
     will not exceed--
       ``(A) the amount that the student was charged for an
     academic year at the time he or she first enrolled in the
     institution of higher education, plus
       ``(B) the product of the percentage increase in the higher
     education price index for the prior academic year, or the
     most recent prior academic year for which data is available,
     multiplied by the amount determined under subparagraph (A).
       ``(3) Less-than 4-year institutions.--An institution of
     higher education that does not provide a program of
     instruction for which it awards a bachelor's degree complies
     with the requirements of this paragraph if such institution
     guarantees that for any academic year (or the equivalent)
     beginning on or after July 1, 2008, and for each of the 1.5
     succeeding continuous academic years, the net tuition charged
     to an undergraduate student will not exceed--
       ``(A) the amount that the student was charged for an
     academic year at the time he or she first enrolled in the
     institution of higher education, plus
       ``(B) the product of the percentage increase in the higher
     education price index for the prior academic year, or the
     most recent prior academic year for which data is available,
     multiplied by the amount determined under subparagraph (A).
       ``(c) Maintaining Affordable Tuition.--
       ``(1) Institution reports.--If an institution of higher
     education has an increase in annual net tuition (expressed as
     a percentage), for the most recent academic year for which
     satisfactory data is available, that is greater than the
     percentage increase in the higher education price index for
     such academic year, the institution or a representative
     association is required to submit to the Secretary the
     following information, within 6 months of such determination:
       ``(A) A report on the factors contributing to the increase
     in the institution's costs and the increase in net tuition
     and fees charged to students, including identification of the
     major areas in the institution's budget with the greatest
     cost increases.
       ``(B) The institution's 3 most recent Form 990s submitted
     to the Internal Revenue Service, as required under section
     6033 of the Internal Revenue Code of 1986.
       ``(C) A description of the major areas of expenditures in
     the institution's budget with the greatest increase for such
     academic year.
       ``(D) A description of actions being taken by the
     institution to reduce net tuition.
       ``(2) Report to congress.--The Secretary shall compile the
     information submitted under this subsection and shall provide
     to the authorizing committees an annual report relating to
     such information.
       ``(d) Definitions.--In this section:
       ``(1) Net tuition.--The term `net tuition' means the
     average tuition and fees charged to a full-time undergraduate
     student by an institution of higher education for an academic
     year, minus the average grant amount received by such a
     student for such academic year.
       ``(2) Higher education price index.--The term `higher
     education price index' means the higher education price index
     developed pursuant to section 133(b).

                    ``PART B--COOPERATIVE EDUCATION

     ``SEC. 811. STATEMENT OF PURPOSE; DEFINITION.

       ``(a) Purpose.--It is the purpose of this part to award
     grants to institutions of higher education or combinations of
     such institutions to encourage such institutions to develop
     and make available to as many of their students as possible
     work experience that will aid such students in future careers
     and will enable such students to support themselves
     financially while in school.
       ``(b) Definition.--In this part the term `cooperative
     education' means the provision of alternating or parallel
     periods of academic study and public or private employment to
     give students work experiences related to their academic or
     occupational objectives and an opportunity to earn the funds
     necessary for continuing and completing their education.

     ``SEC. 812. RESERVATIONS.

       ``(a) Reservations.--Of the amount appropriated to carry
     out this part under section 800 in each fiscal year--
       ``(1) not less than 50 percent shall be available for
     awarding grants to institutions of higher education and
     combinations of such institutions described in section
     813(a)(1)(A) for cooperative education under section 813;
       ``(2) not less than 25 percent shall be available for
     awarding grants to institutions of higher education described
     in section 813(a)(1)(B) for cooperative education under
     section 813;
       ``(3) not to exceed 11 percent shall be available for
     demonstration projects under paragraph (1) of section 814(a);
       ``(4) not to exceed 11 percent shall be available for
     training and resource centers under paragraph (2) of section
     814(a); and
       ``(5) not to exceed 3 percent shall be available for
     research under paragraph (3) of section 814(a).
       ``(b) Availability of Appropriations.--Appropriations under
     this part shall not be available for the payment of
     compensation of students for employment by employers under
     arrangements pursuant to this part.

     ``SEC. 813. GRANTS FOR COOPERATIVE EDUCATION.

       ``(a) Grants Authorized.--
       ``(1) In general.--The Secretary is authorized, from the
     amount available to carry out this part under section 800 in
     each fiscal year and in accordance with the provisions of
     this part--
       ``(A) to award grants to institutions of higher education
     or combinations of such institutions that have not received a
     grant under this paragraph in the 10-year period preceding
     the date for which a grant under this section is requested to
     pay the Federal share of the cost of planning, establishing,
     expanding, or carrying out programs of cooperative education
     by such institutions or combinations of institutions; and
       ``(B) to award grants to institutions of higher education
     that are operating an existing cooperative education program
     as determined by the Secretary to pay the cost of planning,
     establishing, expanding, or carrying out programs of
     cooperative education by such institutions.
       ``(2) Program requirement.--Cooperative education programs
     assisted under this section shall provide alternating or
     parallel periods of academic study and of public or private
     employment, giving students work experience related to their
     academic or occupational objectives and the opportunity to
     earn the funds necessary for continuing and completing their
     education.
       ``(3) Amount of grants.--
       ``(A) The amount of each grant awarded pursuant to
     paragraph (1)(A) to any institution of higher education or
     combination of such institutions in any fiscal year shall not
     exceed $500,000.
       ``(B)(i) Except as provided in clauses (ii) and (iii), the
     Secretary shall award grants in each fiscal year to each
     institution of higher education described in paragraph (1)(B)
     that has an application approved under subsection (b) in

[[Page H715]]

     an amount which bears the same ratio to the amount reserved
     pursuant to section 812(a)(2) for such fiscal year as the
     number of unduplicated students placed in cooperative
     education jobs during the preceding fiscal year by such
     institution of higher education (other than cooperative
     education jobs under section 814 and as determined by the
     Secretary) bears to the total number of all such students
     placed in such jobs during the preceding fiscal year by all
     such institutions.
       ``(ii) No institution of higher education shall receive a
     grant pursuant to paragraph (1)(B) in any fiscal year in an
     amount which exceeds 25 percent of such institution's
     cooperative education program's personnel and operating
     budget for the preceding fiscal year.
       ``(iii) The minimum annual grant amount which an
     institution of higher education is eligible to receive under
     paragraph (1)(B) is $1,000 and the maximum annual grant
     amount is $75,000.
       ``(4) Limitation.--The Secretary shall not award grants
     pursuant to paragraphs (1)(A) and (B) to the same institution
     of higher education or combination of such institution in any
     one fiscal year.
       ``(5) Uses.--Grants under paragraph (1)(B) shall be used
     exclusively--
       ``(A) to expand the quality of and participation in a
     cooperative education program;
       ``(B) for outreach in new curricular areas; and
       ``(C) for outreach to potential participants including
     underrepresented and nontraditional populations.
       ``(b) Applications.--Each institution of higher education
     or combination of such institutions desiring to receive a
     grant under this section shall submit an application to the
     Secretary at such time and in such manner as the Secretary
     shall prescribe. Each such application shall--
       ``(1) set forth the program or activities for which a grant
     is authorized under this section;
       ``(2) specify each portion of such program or activities
     which will be performed by a nonprofit organization or
     institution other than the applicant, and the compensation to
     be paid for such performance;
       ``(3) provide that the applicant will expend during the
     fiscal year for which the grant is awarded for the purpose of
     such program or activities not less than the amount expended
     for such purpose during the previous fiscal year;
       ``(4) describe the plans which the applicant will carry out
     to assure, and contain a formal statement of the
     institution's commitment which assures, that the applicant
     will continue the cooperative education program beyond the 5-
     year period of Federal assistance described in subsection
     (c)(1) at a level which is not less than the total amount
     expended for such program during the first year such program
     was assisted under this section;
       ``(5) provide that, in the case of an institution of higher
     education that provides a 2-year program which is acceptable
     for full credit toward a bachelor's degree, the cooperative
     education program will be available to students who are
     certificate or associate degree candidates and who carry at
     least one-half of the normal full-time academic workload;
       ``(6) provide that the applicant will--
       ``(A) make such reports as may be necessary to ensure that
     the applicant is complying with the provisions of this
     section, including reports for the second and each succeeding
     fiscal year for which the applicant receives a grant with
     respect to the impact of the cooperative education program in
     the previous fiscal year, including--
       ``(i) the number of unduplicated student applicants in the
     cooperative education program;
       ``(ii) the number of unduplicated students 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 may be necessary to ensure that
     the applicant is complying with the provisions of this part,
     including the notation of cooperative education employment on
     the student's transcript;
       ``(7) describe the extent to which programs in the academic
     disciplines 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;
       ``(9) describe the plans that the applicant will carry out
     to evaluate the applicant's cooperative education 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 at the institution; and
       ``(12) include such other information as may be necessary
     to carry out the provisions of this part.
       ``(c) Duration of Grants; Federal Share.--
       ``(1) Duration of grants.--No individual institution of
     higher education may receive, individually or as a
     participant in a combination of such institutions--
       ``(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 application 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 Applications.--
       ``(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 institutions for programs which show the
     greatest promise of success because of--
       ``(A) the extent to which programs in the academic
     discipline with respect to which the application is made have
     had a favorable reception by public and private sector
     employers;
       ``(B) the strength of the commitment of the institution of
     higher education or combination of such institutions to
     cooperative education as demonstrated by the plans and
     formalized institutional commitment statement which such
     institution or combination has made to continue the program
     after the termination of Federal financial assistance;
       ``(C) the extent to which the institution or combination of
     institutions is committed to extending cooperative education
     for all students who can benefit; and
       ``(D) such other factors as are consistent with the
     purposes of this section.
       ``(2) Additional special consideration.--The Secretary
     shall also give special consideration to applications from
     institutions of higher education or combinations of such
     institutions which demonstrate a commitment to serving all
     underserved populations attending such institutions.

     ``SEC. 814. DEMONSTRATION AND INNOVATION PROJECTS; TRAINING
                   AND RESOURCE CENTERS; AND RESEARCH.

       ``(a) Authorization.--The Secretary is authorized, in
     accordance with the provisions of this section, to make
     grants and enter into contracts--
       ``(1) from the amounts available in each fiscal year under
     section 812(a)(3), for the conduct of demonstration projects
     designed to demonstrate or determine the feasibility or value
     of innovative methods of cooperative education;
       ``(2) from the amounts available in each fiscal year under
     section 812(a)(4), for the conduct of training and resource
     centers designed to--
       ``(A) train personnel in the field of cooperative
     education;
       ``(B) improve materials used in cooperative education
     programs if such improvement is conducted in conjunction with
     other activities described in this paragraph;
       ``(C) furnish technical assistance to institutions of
     higher education to increase the potential of the institution
     to continue to conduct a cooperative education program
     without Federal assistance;
       ``(D) encourage model cooperative education programs which
     furnish education and training in occupations in which there
     is a national need;
       ``(E) support partnerships under which an institution
     carrying out a comprehensive cooperative education program
     joins with one or more institutions of higher education in
     order to (i) assist the institution that is not the
     institution carrying out the cooperative education program to
     develop and expand an existing program of cooperative
     education, or (ii) establish and improve or expand
     comprehensive cooperative education programs; and
       ``(F) encourage model cooperative education programs in the
     fields of science and mathematics for women and minorities
     who are underrepresented in such fields; and
       ``(3) from the amounts available in each fiscal year under
     section 812(a)(5), for the conduct of research relating to
     cooperative education.
       ``(b) Administrative Provision.--
       ``(1) In general.--To carry out this section, the Secretary
     may--
       ``(A) make grants to or contracts with institutions of
     higher education, or combinations of such institutions; and
       ``(B) make grants to or contracts with other public or
     private nonprofit agencies or organizations, 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 possible, increase the
     level of funds that would, in the absence of such funds, be
     made available from non-Federal sources to carry out the
     activities supported by such grant or contract, and in no
     case to supplant such funds from non-Federal sources.

[[Page H716]]

                  ``PART C--COLLEGE PARTNERSHIP GRANTS

     ``SEC. 821. COLLEGE PARTNERSHIP GRANTS AUTHORIZED.

       ``(a) Grants Authorized.--From the amount appropriated 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 include either or both of the following:
       ``(1) A consortia of institutions of higher education.
       ``(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--
       ``(A) 1 or more junior or community colleges (as defined by
     section 312(f) of this Act) that award associate's degrees;
     and
       ``(B) 1 or more institutions of higher education that offer
     a baccalaureate or post baccalaureate degree not awarded by
     the institutions described in subparagraph (A) 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 bachelor's degrees, by
     facilitating the transfer of academic credits between
     institutions and expanding articulation and guaranteed
     transfer agreements between institutions of higher education,
     including through common course numbering and general
     education core curriculum;
       ``(2) academic program enhancements; and
       ``(3) programs to identify and remove barriers that inhibit
     student transfers, including technological and informational
     programs.
       ``(e) Optional Use of Funds.--Grants awarded under this
     part may be used for--
       ``(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 section
     shall be used to financially compensate an institution 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 manner, 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 an agreement between
     institutions of higher education that specifies the
     acceptability of courses in transfer toward meeting specific
     degree requirements.

                    ``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 section 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 programs.
       ``(b) Definitions.--
       ``(1) Eligible institution.--In this section, the term
     `eligible institution' means an institution of higher
     education 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 students 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 program; and
       ``(C) is selected by an eligible institution to participate
     in the pilot program.
       ``(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) Student Success Grant Amount.--For an award year,
     each institution selected to participate in this pilot
     program shall receive an amount equal to $1,500 multiplied by
     the number of students the institution selects to participate
     in the pilot program in such year. An institution shall not
     select more than 200 students to participate in the pilot
     program under this section during such year.
       ``(e) Priority for Replication of Evidence-Based Policies
     and Practices.--The Secretary shall give priority to
     applications submitted by eligible institutions that propose
     to replicate policies and practices that have proven
     effective in increasing persistence and completion by low-
     income students or students in need of developmental
     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 Secretary
     regarding the selection of grantees. Members of the peer
     review committee shall include researchers and practitioners
     who are recognized experts on services and policies to
     increase low income student success in postsecondary
     education and training. No member of the committee shall be
     in a position to benefit financially from the grants to
     eligible institutions under subsection (d).
       ``(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 program to provide intensive
     career and academic advising, ongoing personal help in
     navigating college services such as financial aid and
     registration, and assistance in connecting to community
     resources that can help students overcome family and personal
     challenges to success. Student Success Coaches--
       ``(1) shall work with not more than 50 new students during
     any academic period;
       ``(2) may be employees of academic departments, student
     services offices, community-based organizations, or other
     entities as deemed appropriate by the institution; and
       ``(3) shall meet with each eligible student selected for
     the pilot program 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 students
     participating in the pilot, including the following:
       ``(1) College and career success courses, with tuition and
     fees for the course covered by the Student Success Grant.
     These courses may cover college success topics, including how
     to take notes, how to study, how to take tests, and how to
     budget time, and may also include a substantial career
     exploration component. Institutions may 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 career goals and what classes to take to
     achieve such goals.
       ``(2) Work-study jobs with private employers in the
     students' fields of study.
       ``(3) Learning communities that ensure that students
     participating in the pilot are clustered together 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 remediation classes
     that help Student Success Grant recipients 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 semester, 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 Assistance.--
       ``(1) Grant period.--Grants made under this section shall
     be for a period of not less than 60 months.
       ``(2) Additional technical assistance.--After 36 months,
     the Secretary shall review the performance of the Student
     Success Grant pilot program students at each institution, and
     if no significant improvements have been made by Student
     Success Grant pilot program 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 participating in the
     pilot program under this section shall provide a non-Federal
     match of 25 percent of the amount of grant to carry out the
     activities of the pilot program. 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 accordance with part F of
     this title, services or benefits under this section shall not
     be considered to be an asset or income of the student or the
     students parents.
       ``(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.--
       ``(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 information on best practices. The Secretary
     is encouraged 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
     program sites.
       ``(2) Institutional participation.--As a condition of
     receiving grants under this section, participating
     institutions shall work with the evaluator to track
     persistence and completion outcomes for students in the pilot
     program, specifically the proportion of these students who
     take and complete developmental 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 program
     participants to comparable nonparticipants, using statistical
     techniques to control for differences in the groups.
       ``(3) Annual reports.--Participating institutions under
     this section shall report on the data specified in paragraph
     (2) annually and the Secretary shall make this data publicly
     available.

[[Page H717]]

                       ``PART E--JOBS TO CAREERS

     ``SEC. 831. GRANTS TO CREATE BRIDGES FROM JOBS TO CAREERS.

       ``(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 improving developmental
     education, including English language instruction, by
     customizing developmental education to student career goals,
     and helping students move rapidly from developmental
     coursework into for-credit occupational program courses and
     through program completion. The grants under this section
     shall focus in particular on creating bridges to for-credit
     occupational certificate programs that are articulated 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--
       ``(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 mandatory assessment, are
     assessed as needing developmental courses to bring reading,
     writing, or mathematics skills up to college-level; and
       ``(2) propose to replicate practices that have proven
     effective with adults or propose to collaborate with adult
     education providers.
       ``(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 Secretary
     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 language
     instruction, to the content of the for-credit occupational
     certificate or degree programs, or clusters of such programs,
     in which developmental education students seek to enroll.
     Such bridge programs may include those that integrate the
     curricula and the instruction of both developmental and
     college-level coursework or that dually enroll students in
     remediation and college-level coursework.
       ``(f) Permissible Activities.--An eligible institution 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 developmental education
     courses, including enrolling students in cohorts,
     accelerating course content, integrating remediation and
     college-level curricula and instruction, dually 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 appropriate
     departments, redesignating class schedules to meet the needs
     of working adults, such as by creating evening, weekend,
     modular, compressed, distance-learning formats, or other
     alternative schedules.
       ``(3) Improving the quality of teaching in remedial courses
     through professional development, reclassification of such
     teaching positions, or other means the eligible institution
     determines appropriate.
       ``(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 options and
     programs available, which may include: diploma;
     certification; 2-year degree; associate's degree; transfer
     degree to upper division; and career options.
       ``(g) Grant Period.--Grants made under this section 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 providers of
     funds, such as private foundations, to allow for use of a
     random assignment evaluation in at least one of the
     demonstration sites.
       ``(j) Definition of Institution.--In this section, the term
     `institution of higher education' means an institution 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 programs
     implementing integrated education reform services in order to
     improve secondary school graduation and college attendance
     and completion rates for disadvantaged students; and
       ``(2) to promote the establishment of new programs to
     implement such integrated education reform services.
       ``(b) Grant Authorized.--From the amount appropriated 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 college attendance and
     completion rates for disadvantaged students, to implement and
     sustain the integrated education reform services described in
     subsection (d)(3) at existing Project GRAD program sites and
     to promote the expansion of such programs to new sites.
       ``(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 educational
     organizations that serve a substantial number or percentage
     of low-income students (referred to in this part as
     `subcontractors'), under which the subcontractors agree to
     implement the programs described in subsection (d) and
     provide matching funds for such programs;
       ``(2) directly carry out--
       ``(A) activities to implement and sustain the literacy,
     mathematics, classroom management, social service, and
     college access programs further described in subsection
     (d)(3);
       ``(B) activities to build the organizational and management
     capacity of the subcontractors to effectively implement and
     sustain the programs;
       ``(C) activities for the purpose of improving and expanding
     the programs, including but not limited to activities to
     further articulate a program for one or more grade levels and
     across grade levels, to tailor a program for a particular
     target audience, and provide tighter integration across
     programs;
       ``(D) activities for the purpose of implementing new
     Project GRAD program sites;
       ``(E) activities for the purpose of promoting 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 improving
     secondary school graduation and college attendance and
     completion rates for disadvantaged students; and
       ``(3) use grant funds available under this part to pay--
       ``(A) the amount determined under subsection (f)(1); and
       ``(B) costs associated with carrying out the activities and
     providing the services, as provided in paragraph (2) of this
     subsection.
       ``(d) Supported Programs.--
       ``(1) Designation.--The subcontractor programs referred to
     in subsection (c)(1) shall be known as Project GRAD programs.
       ``(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 elementary schools and middle
     schools that channel students into that high school; and
       ``(B) provide the integrated educational reform services
     described in paragraph (3) at the identified feeder pattern
     or feeder patterns.
       ``(3) Integrated education reform services.--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 programs, including a
     systematic approach to increase family and community
     involvement in the schools served by the Project GRAD
     program;
       ``(C) a college access program that includes--
       ``(i) providing college scholarships for students who meet
     established criteria;
       ``(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 Requirement.--
       ``(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 consideration--
       ``(A) the resources available in the area where the
     subcontractor will implement the Project GRAD program; and
       ``(B) the need for Project GRAD programs in such area to
     improve student outcomes.
       ``(2) Matching requirement.--Each subcontractor 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 paragraph (2) for a
     subcontractor, if the subcontractor--
       ``(A) demonstrates that it would not otherwise 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 subcontractor, the grantee may elect
     to provide the subcontractor 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 evaluate, every 3 years, the
     performance of students who participate in a Project GRAD
     program under this part. The evaluation shall--
       ``(A) be conducted using a rigorous research design for
     determining the effectiveness of the Project GRAD programs
     funded under this part; and
       ``(B) compare reading and mathematics achievement and,
     where applicable, the secondary school graduation, college
     attendance,

[[Page H718]]

     and college completion rates of students who participate in a
     Project GRAD program funded under this part with those
     indicators for students of similar backgrounds who do not
     participate in such program.
       ``(2) Evaluation by grantee and subcontractors.--
       ``(A) In general.--The grantee shall require 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 mathematics achievement of
     students involved in the Project GRAD program;
       ``(ii) statistics on secondary school graduation, college
     attendance, and college completion rates; and
       ``(iii) such financial reporting as required by the
     Secretary to review the effectiveness 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 programs in
     accordance with paragraph (1).
       ``(3) Availability of evaluations.--Copies of any
     evaluation or report prepared under this subsection 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-income
     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)).

      ``PART G--IMPROVING COLLEGE ENROLLMENT BY SECONDARY SCHOOLS

     ``SEC. 841. IMPROVING COLLEGE ENROLLMENT BY SECONDARY
                   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 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 population of low-income students,
     and to carry out a comprehensive needs assessment in the
     agencies and States of the factors known to contribute to
     improved higher education enrollment rates, which factors
     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;
       ``(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
     students to improve student and school-wide outcomes; and
       ``(F) strategies to mobilize student leaders to build a
     college-bound culture; and
       ``(3) to provide comprehensive services to improve the
     school-wide higher education enrollment rates of each of not
     less than 10 local educational agencies and States, with the
     federally funded portion 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
       ``(B) demonstrated a willingness and commitment to
     improving the higher education enrollment 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 nonprofit
     organization with demonstrated expertise--
       ``(1) in increasing school-wide higher education enrollment
     rates in low-income communities nationwide 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 protect
     institutions of higher education, businesses and other
     employers, professional licensing boards, patients and
     clients 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 nonexistent
     school, by a non-educational entity posing as a school, or by
     any entity in violation of Federal or State law.
       ``(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 represent to the general public that the
     individual possessing such degree, diploma, or certificate
     has completed 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 government or other organization
     or association that recognizes accrediting agencies as a
     valid accrediting agency of institutions of higher education;
     and
       ``(B) offers degrees, diplomas, or certifications, for a
     fee, that may be used to represent to the general public that
     the individual possessing such a degree, diploma, or
     certification has completed a program of education or
     training beyond secondary education, but little or no
     education or course work is required to obtain such a degree,
     diploma, or certification.
       ``(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 INSTITUTIONS.

       ``(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, recognized by
     the Secretary of Education under section 496, or, at the
     discretion of the Secretary, other organizations involved in
     accreditation;
       ``(2) eligible institutions, as defined under section
     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 institution;
       ``(B) issue degrees that are accepted for professional
     licensure, public employment, and 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 determined by the Secretary of State, in
     consultation with the Secretary of Education,
     for the purposes of assisting the Secretary of Homeland
     Security and the heads of such Federal agencies to determine,
     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 Education 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.
       ``(c) Notice of Recognition.--To be eligible to receive
     funds under title IV, each eligible institution described 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 indicating that
     the institution is recognized by the Secretary of Education
     as a legitimate institution for immigration and Federal
     employment and hiring purposes. If the Secretary of Education
     determines that an institution no longer qualifies as a
     legitimate degree-granting institutions described in
     subsection (a)(2), and removes the institution 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 considered to
     be a reliable authority as to the quality of education or
     training offered by a degree-granting institution for any
     purpose related to immigration, Federal employment and hiring
     practices, or for any other Federal purposes, 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 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 Education 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 members, as follows:
       ``(A) The Assistant Secretary of Education for
     Postsecondary Education.
       ``(B) A representative of the Department of Education with
     experience related to the determination of the legitimacy and
     quality of degrees from foreign institutions of higher
     education, 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.
       ``(E) A representative of the Secret Service, selected by
     the Director of the Secret Service.
       ``(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 Personnel
     Management, selected by the Director of such Office.

[[Page H719]]

       ``(I) A representative of a national accreditation
     association.
       ``(J) A representative of a national organization
     representing collegiate registrars and admissions officers.
       ``(K) Two representatives of State degree approval
     agencies, selected 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.
       ``(L) Two representatives from regionally accredited
     institutions of higher education, selected 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.
       ``(M) One representative from a nationally accredited
     institution of higher education, selected 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
     related 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 Representatives.
       ``(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 members of the Task
     Force shall be persons who are especially qualified to serve
     on the Task Force by virtue of their education, training, or
     experience, particularly in the fields of higher education,
     accreditation of institutions of higher education, foreign
     higher education standards, State regulation of institutions
     of higher education, immigration, Federal employment
     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 develop guidelines,
     to be used for the development of Federal legislation, to
     identify degree-granting institutions as legitimate or
     fraudulent degree-granting institutions for Federal purposes.
     In developing such guidelines, the Task Force shall
     consider--
       ``(A) characteristics of degree-granting institutions that
     help determine the legitimacy of the institution, such as
     whether an entity--
       ``(i) offers or confers degrees, diplomas, or
     certificates--

       ``(I) for little or no meaningful academic work;
       ``(II) without requiring an appropriate level of academic
     achievement for the attainment of such degrees, diplomas, or
     certificates; or
       ``(III) without imposing academic or other requirements for
     admittance into the institutions or programs offering such
     degrees, diplomas, or certificates;

       ``(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, equipment, and supplies, student support
     services, objectives of the degrees or credentials offered,
     admissions practices, academic calendars and catalogs, and a
     grading 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 approved
     institution of higher education;
       ``(B) the feasibility of defining the term `fraudulent
     degree-granting institution' (commonly referred to as
     `diploma mills'), and if feasible, shall define such term to
     propose 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 regulations prohibiting
     such fraudulent degree-granting institutions and practices
     and the use of fraudulent degrees; and
       ``(iv) the prosecution of such fraudulent degree-granting
     institutions and practices and the use of fraudulent degrees;
       ``(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 agencies to investigate and prosecute
     suspected fraudulent degree-granting institutions, and the
     detailed recommendations of the Task Force regarding 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 agencies of the United
     States need to identify fraudulent degree-granting
     institutions, and identify, prohibit, and prevent the use of
     degrees issued by such fraudulent institutions, and the
     ability 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 integrity 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 regarding 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 enactment of this part, the Task
     Force shall submit to the appropriate congressional
     committees a report, including--
       ``(A) the guidelines developed under paragraph (1);
       ``(B) the Plan developed under paragraph (2); and
       ``(C) a legislative proposal for consideration by Congress.

     ``SEC. 855. SENSE OF THE CONGRESS REGARDING USE BY STATES OF
                   THE FEDERAL PLAN AS GUIDELINES.

       ``It is the sense of the Congress that--
       ``(1) each State should implement a strategic diploma
     integrity plan similar to any strategic diploma integrity
     plan developed under section 854, to the extent practicable
     and as soon as practicable after the date of the adoption of
     such a plan under such section; and
       ``(2) States may adopt more stringent standards than those
     standards contained in the Federal strategic diploma
     integrity plan and used by agencies of the United States to
     identify fraudulent degree-granting institutions operating
     within such State, except that State law does not preempt
     Federal law as applied to the employment and hiring practices
     of Federal employees working in such State.

     ``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 address
     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 appropriated to carry
     out this part under section 800, the Secretary is authorized
     to award grants, on a competitive basis, to institutions of
     higher education or consortia of institutions of higher
     education to enable 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 security.--Where appropriate, the
     Secretary shall award grants under this section in
     consultation with the Attorney General of the United States
     and the Secretary of Homeland Security.
       ``(3) Duration.--The Secretary shall award each grant under
     this section for a period of 2 years.
       ``(4) Limitation on institutions and consortia.--An
     institution of higher education or consortium shall be
     eligible for only 1 grant under this section.
       ``(b) Federal Share; Non-Federal Share.--
       ``(1) In general.--The Federal share of the activities
     described in subsection (c) shall be 50 percent.
       ``(2) Non-federal share.--The institution of higher
     education or consortium shall provide the non-Federal share,
     which may be provided from other Federal, State, and local
     resources dedicated to emergency preparedness and response.
       ``(c) Authorized Activities.--Each institution of higher
     education or consortium receiving a grant under this section
     may use the grant funds to carry out 1 or more of the
     following:
       ``(1) Developing and implementing a state-of-the-art
     emergency communications system for each campus of an
     institution of higher education or consortium, in order to
     contact students via cellular, text message, or other state-
     of-the-art communications methods when a significant
     emergency or dangerous situation occurs. An institution or
     consortium using grant funds to carry out this paragraph
     shall also, in coordination with the appropriate State and
     local emergency management authorities--
       ``(A) develop procedures that students, employees, and
     others on a campus of an institution of higher education or
     consortium will be directed to follow in the event of a
     significant emergency or dangerous situation; and
       ``(B) develop procedures the institution of higher
     education or consortium shall follow to inform, within a
     reasonable and timely manner, students, employees, and others
     on a campus in the event of a significant emergency or
     dangerous situation, which procedures shall include the
     emergency communications system described in this paragraph.
       ``(2) Supporting measures to improve safety at the
     institution of higher education or consortium, such as--
       ``(A) security assessments;
       ``(B) security training of personnel and students at the
     institution of higher education or consortium;
       ``(C) where appropriate, coordination of campus
     preparedness and response efforts with local

[[Page H720]]

     law enforcement, local emergency management authorities, and
     other agencies, to improve coordinated responses in
     emergencies among such entities; and
       ``(D) establishing a hotline that allows a student or staff
     member at an institution or consortium to report another
     student or staff member at the institution or consortium who
     the reporting student or staff member believes may be a
     danger to the reported student or staff member or to others.
       ``(3) Coordinating with appropriate local entities the
     provision of mental health services for students and staff of
     the institution of higher education or consortium, including
     mental health crisis response and intervention services for
     students and staff affected by a campus or community
     emergency.
       ``(d) Application.--Each institution of higher education or
     consortium desiring 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.
       ``(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 section 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 institution
     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 Portability and Accountability Act of
     1996 (42 U.S.C. 1320d-2 note).

     ``SEC. 862. MODEL EMERGENCY RESPONSE POLICIES, PROCEDURES,
                   AND PRACTICES.

       ``The Secretary of Education, in consultation with the
     Attorney General of the United States and the Secretary of
     Homeland Security, shall--
       ``(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 institutions of
     higher education have a timely recovery.
       ``(b) Submission to Congress.--The Secretary shall submit
     to the authorizing committees the plan required by subsection
     (a) and any revisions of such plan.

     ``SEC. 864. EDUCATION DISASTER AND EMERGENCY RELIEF LOAN
                   PROGRAM.

       ``(a) Program Authorized.--The Secretary is authorized to
     establish an Education Disaster and Emergency Relief Loan
     Program for institutions of higher education for direct or
     indirect losses incurred as a result of a federally declared
     major disaster or emergency.
       ``(b) Use of Assistance.--The Secretary may, subject to the
     availability of appropriations, provide any assistance under
     the Education Disaster and Emergency Relief Loan program to
     institutions of higher education pursuant to this section
     only after the declaration of a major disaster or emergency
     by the President. Loan funds provided under this section may
     be used for--
       ``(1) direct and indirect construction, replacement, and
     renovation costs associated with or resulting from or
     preparing for a major disaster or emergency;
       ``(2) faculty salaries and incentives for retaining
     faculty; or
       ``(3) reimbursement for lost tuition and other revenues.
       ``(c) Application Requirements.--To be considered for a
     loan under this section, an institution of higher education
     shall--
       ``(1) submit a financial statement and other appropriate
     data, documentation, or evidence requested by the Secretary
     that indicates that the institution incurred losses resulting
     from the impact of a major 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 collateral source
     compensation from the Federal Emergency 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 a loan under this section.
       ``(d) Audit.--The Secretary may audit a financial statement
     submitted under subsection (c) and an institution 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 disaster or emergency,
     and shall reduce such amount by the amount of collateral
     source compensation the institution has already received from
     insurance, the Federal 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 financing 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 submitting request for a
     loan under this section.
       ``(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:
       ``(1) Institution affected by a gulf hurricane 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 institution--
       ``(i) incurred physical damage resulting 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 on or after 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 the Robert T. Stafford
     Disaster Relief and Emergency Assistance Act.
       ``(4) Institutions of higher education.--The term
     `institution of higher education' has the meaning given such
     term in section 101.
       ``(5) Major disaster.--The term `major disaster' has the
     meaning given the term in section 102(2) of the Robert T.
     Stafford Disaster Relief and Emergency Assistance Act.
       ``(h) Effective Date.--This section shall take effect on
     the date of the enactment of the College Opportunity and
     Affordability Act of 2007, and assistance provided to
     institutions of higher education pursuant to this section
     shall be available only with respect to federally declared
     major disasters or emergencies that occur after the date of
     the enactment of the College Opportunity and Affordability
     Act of 2007, except in the case of an institution affected by
     a Gulf hurricane disaster.

     ``SEC. 865. GUIDANCE ON MENTAL HEALTH DISCLOSURES FOR STUDENT
                   SAFETY.

       ``Not later than 90 days after the date of enactment of the
     College Opportunity and Affordability Act of 2007, the
     Secretary shall provide guidance that clarifies the role of
     institutions of higher education with respect to the
     disclosure of education records, including to a parent or
     legal 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 in accordance 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
       ``(2) to promote economic growth and development 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 organizations.

     ``SEC. 872. DEFINITIONS.

       ``For the purposes of this part:
       ``(1) Rural institution of higher education.--The term
     `rural institution of higher education' means an institution
     of higher education that primarily serves rural areas.
       ``(2) Rural area.--The term `rural area' 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 section 9101 of the Elementary and
     Secondary Education Act of 1965) all of the schools of which
     meet a metro-centric locale code of 41, 42, or 43 as
     determined by the National Center for Education Statistics
     (NCES), in conjunction with the Bureau of the 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 completing high school;
       ``(B) attends an institution of higher education part-time
     or less than part-time; or

[[Page H721]]

       ``(C) attends an institution of higher education 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 diploma.
       ``(5) Regional employer.--The term `regional employer'
     means employers qualifying as businesses or other entities
     employing individuals within a rural area.

     ``SEC. 873. ENSURING COLLEGE ACCESS FOR RURAL HIGH SCHOOL
                   GRADUATES.

       ``(a) Grants Authorized.--From the amounts appropriated 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 between one or more rural
     institution of higher education and any of the following
     entities:
       ``(1) One or more rural local educational agencies.
       ``(2) One or more rural education service agencies.
       ``(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 containing 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;
       ``(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 available by a
     grant under this section to a partnership that meets the
     requirements of subsection (b) 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, assistance with college enrollment
     applications, and assistance with financial aid applications;
       ``(B) programs or initiatives that provide such graduates
     or former attendees of rural high schools access and exposure
     to campuses, classes, programs, and facilities of rural
     institutions of higher education, including covering the cost
     of transportation to and from institutions of higher
     education;
       ``(C) the formation of groups or other initiatives that
     create support groups of such students expressing interest in
     attending rural institutions of higher education;
       ``(D) extracurricular activities, such as internships,
     community service, and other activities for such individuals
     in advance of attending institutions of higher education; and
       ``(E) other initiatives that assist such individuals in
     applying and developing interest in attending rural
     institutions of higher education; and
       ``(2) to encourage participation of nontraditional students
     in degree programs at rural institutions of higher education,
     including--
       ``(A) programs to provide information about college costs
     and financial aid options, assistance 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 nontraditional
     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 appropriated 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 between one or more rural
     institutions of higher education and one or more regional
     employers.
       ``(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 containing 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 potential of the employer to employ graduates of
     rural institutions of higher education after graduation;
       ``(2) the potential of the employer engaged in the
     partnership to spur economic development in the region; and
       ``(3) the relevance of the employer to the regional
     economy.
       ``(c) Use of Grant Amounts.--Funds made available by a
     grant under this section to a partnership that meets the
     requirements of subsection (a) shall be used--
       ``(1) to provide additional career training to attendees of
     rural institutions of higher education in fields relevant to
     the regional economy; and
       ``(2) to encourage regional businesses to employ graduates
     of rural institutions of higher education.

     ``SEC. 875. QUALITY OF LIFE IN RURAL AREAS.

       ``(a) Grants Authorized.--From the amounts appropriated 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 available 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 graduates to enter
     into high-need occupations in the regional and local
     economies.

     ``SEC. 876. ALLOCATION OF APPROPRIATIONS.

       ``(a) Grant Considerations.--In making grant allocations
     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 education 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.
       ``(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
  EDUCATION WITH A FOCUS ON ALASKA NATIVE AND NATIVE HAWAIIAN STUDENTS

     ``SEC. 880. IMPROVING SCIENCE, TECHNOLOGY, ENGINEERING, AND
                   MATHEMATICS EDUCATION WITH A FOCUS ON ALASKA
                   NATIVE AND NATIVE HAWAIIAN STUDENTS.

       ``(a) Purpose.--The purpose of this section is--
       ``(1) to develop or expand programs for the development of
     professionals in the fields of science, technology,
     engineering, and mathematics; and
       ``(2) to focus resources on meeting the educational and
     cultural needs of Alaska Natives and Native Hawaiians.
       ``(b) Definitions.--In this section:
       ``(1) Alaska native.--The term `Alaska Native' has the
     meaning given the term `Native' in section 3(b) of the Alaska
     Natives Claims Settlement Act (43 U.S.C. 1602(b)).
       ``(2) Eligible partnership.--The term `eligible
     partnership' means a partnership that includes--
       ``(A) 1 or more colleges or schools of engineering;
       ``(B) 1 or more colleges of science or mathematics;
       ``(C) 1 or more institutions of higher education that offer
     2-year degrees; and
       ``(D) 1 or more private entities that--
       ``(i) conduct career awareness activities showcasing local
     technology professionals;
       ``(ii) encourage students to pursue education in science,
     technology, engineering, and mathematics from elementary
     school through college, and careers in those fields, with the
     assistance of local technology professionals;
       ``(iii) develop internships, apprenticeships, and mentoring
     programs in partnership with relevant industries; and
       ``(iv) assist with placement of interns and apprentices.
       ``(3) 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 appropriated 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, engineering, 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 section shall
     be used for 1 or more of the following:
       ``(1) Development or implementation of cultural, social, or
     educational transition programs to assist students to
     transition into college life and academics in order to
     increase such students' retention rates in the fields of
     science, technology, engineering, or mathematics, with a
     focus on Alaska Native or Native Hawaiian students.
       ``(2) Development or implementation of academic support or
     supplemental educational programs to increase the graduation
     rates of students in the fields of science, technology,
     engineering, or mathematics, with a focus on Alaska Native
     and Native Hawaiian students.
       ``(3) Development or implementation of internship programs,
     carried out in coordination with educational institutions and
     private entities, to prepare students for careers in the
     fields of science, technology, engineering, or mathematics,
     with a focus on programs that serve Alaska Native or Native
     Hawaiian students.
       ``(4) Such other activities as are consistent with the
     purposes of this section.
       ``(e) Application.--Each eligible partnership that desires
     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.
       ``(f) Priority.--In awarding grants under this section, the
     Secretary shall give priority to an eligible partnership that
     provides 1 or more programs in which 30 percent or more of
     the program participants are Alaska Native or Native
     Hawaiian.
       ``(g) Period of Grant.--A grant under this section shall be
     awarded for a period of 5 years.
       ``(h) Evaluation and Report.--Each eligible partnership
     that receives a grant under this section shall conduct an
     evaluation to determine the effectiveness of the programs
     funded under the grant and shall provide a report regarding
     the evaluation to the Secretary not later than 6 months after
     the end of the grant period.

[[Page H722]]

   ``PART L--NATIONAL DATABASE ON FINANCIAL ASSISTANCE FOR STUDY OF
           SCIENCE, TECHNOLOGY, ENGINEERING, AND MATHEMATICS

     ``SEC. 881. NATIONAL DATABASE ON FINANCIAL ASSISTANCE FOR
                   STUDY OF SCIENCE, TECHNOLOGY, ENGINEERING, AND
                   MATHEMATICS.

       ``(a) Establishment and Maintenance of Database.--
       ``(1) Database.--The Secretary of Education shall establish
     and maintain, on the public website of the Department of
     Education, a database consisting 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 postsecondary and post baccalaureate levels.
       ``(2) Presentation of information.--The information
     maintained on the database established under this section
     shall be displayed on the website in the following manner:
       ``(A) Separate information shall be provided for each of
     the fields of study referred to in paragraph (1) and for
     postsecondary and post baccalaureate programs of financial
     assistance.
       ``(B) The database shall provide specific information on
     any programs of financial assistance which are targeted to
     individuals of a particular gender, ethnicity, or other
     demographic group.
       ``(C) If the sponsor of any program of financial assistance
     included on the database maintains a public website, the
     database shall provide hyperlinks to the website.
       ``(D) In addition to providing the hyperlink to the website
     of a sponsor of a program of financial assistance as required
     under subparagraph (C), the database shall provide general
     information that an interested person may use to contact the
     sponsor, including the sponsor's electronic mail address.
       ``(E) The database shall have a search capability which
     permits an individual to search 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 recommendation that
     students and families should carefully review all of the
     application requirements prior to applying for aid, and a
     disclaimer that the scholarships presented in the database
     are not provided or endorsed by the Department of Education
     or the Federal Government.
       ``(b) Dissemination of Information on Database.--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 information required
     to be maintained on the database established under this
     section.
       ``(d) Encouraging the Provision of Information.--In
     carrying out this part, the Secretary of Education and the
     contracted entity shall consult with public and private
     sources of scholarships and make easily available a process
     for such entities to provide regular and updated 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 appropriated to carry
     out this part under section 800, the Secretary of Commerce
     shall make competitive grants to eligible entities under
     subsection (b) to promote training and placement of
     individuals, including individuals who have completed a court
     reporting 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.
       ``(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 accountability, 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 programs under title
     IV.
       ``(3) Priority in grants.--In determining whether to make
     grants under this section, the Secretary of Commerce shall
     give a priority to eligible entities that, as determined by
     the Secretary--
       ``(A) possess the most substantial capability to increase
     their capacity to train realtime writers;
       ``(B) demonstrate the most promising collaboration with
     local educational institutions, businesses, labor
     organizations, or other community groups having the potential
     to train or provide job placement assistance to realtime
     writers; or
       ``(C) propose the most promising and innovative 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 application 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 application of an
     eligible entity under subsection (a) for a grant under
     subsection (a) shall include the following:
       ``(A) A description of the training and assistance to be
     funded using the grant amount, including how such training
     and assistance will increase the number of realtime writers.
       ``(B) A description of performance measures to be utilized
     to evaluate the progress of individuals receiving such
     training and assistance in matters relating to enrollment,
     completion of training, and job placement and retention.
       ``(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, including any partnerships or arrangements
     established for that purpose.
       ``(E) A description of how the eligible entity 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
     educational opportunities for individuals who are 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 Secretary 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 individuals, including individuals who have
     completed a court reporting training program, as realtime
     writers, including--
       ``(A) recruitment;
       ``(B) subject to paragraph (2), the provision of
     scholarships;
       ``(C) distance learning;
       ``(D) further developing and implementing both English and
     Spanish curriculum to more effectively train realtime writing
     skills, and education in the knowledge necessary for the
     delivery of high-quality closed captioning services;
       ``(E) mentoring students to ensure successful completion of
     the realtime training and provide assistance in job
     placement;
       ``(F) encouraging individuals with disabilities to pursue a
     career in realtime writing; and
       ``(G) the employment and payment of personnel for all such
     purposes.
       ``(2) Scholarships.--
       ``(A) Amount.--The amount of a scholarship under paragraph
     (1)(B) shall be based on the amount of need of the recipient
     of the scholarship for financial assistance, as determined 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 the purposes described in subsection
     (a)(1) for a period of time appropriate (as determined 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 scholarships
     under paragraph (1)(B), including requirements for repayment
     of scholarship amounts in the event of failure to meet such
     requirements for coursework and employment. Requirements for
     repayment of scholarship amounts shall take into account the
     effect of economic conditions on the capacity of scholarship
     recipients to find work as realtime writers.
       ``(3) Administrative costs.--The recipient of a grant under
     this section may not use more than 5 percent of the grant
     amount to pay administrative costs associated with activities
     funded by the grant. The Secretary of Commerce 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
     program.
       ``(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 training 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 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 entity for a year
     under paragraph (1) shall include a description of the use of
     grant amounts by the entity during such year, including an
     assessment by the entity of the effectiveness of activities
     carried out using such funds in increasing the number of
     realtime writers. The assessment shall utilize the
     performance measures 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 identified by the entity as a result of the
     grant for increasing the number of individuals who are

[[Page H723]]

     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 effectiveness of the grants made
     under this part.

      ``PART N--CENTERS OF EXCELLENCE FOR VETERAN STUDENT SUCCESS

     ``SEC. 883. MODEL PROGRAMS FOR CENTERS OF EXCELLENCE FOR
                   VETERAN STUDENT SUCCESS.

       ``(a) Purpose.--It is the purpose of this section to
     encourage model programs to support veteran student success
     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 education 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 of Excellence for Veteran
     Student Success on the campus of the institution to provide a
     single point of contact to coordinate comprehensive support
     services for veteran students;
       ``(B) establishing a veteran students support team,
     including representatives from the offices of the institution
     responsible for admissions, registration, financial aid,
     veterans benefits, 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 students on
     campus;
       ``(C) providing a full-time or part-time coordinator whose
     primary responsibility is to coordinate the model program
     carried out under this section;
       ``(D) monitoring the rates of veteran student enrollment,
     persistence, and completion; and
       ``(E) developing a plan to sustain the Center of Excellence
     for Veteran Student Success after the grant period.
       ``(2) Other authorized activities.--An institution of
     higher education receiving a grant under this section may use
     such grant to carry out any of the following activities with
     respect to veteran students:
       ``(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 program;
       ``(ii) tutoring and academic skill-building instruction
     assistance, as needed; and
       ``(iii) assistance with special admissions and transfer of
     credit from previous postsecondary education or experience.
       ``(C) Assistance in obtaining student financial aid.
       ``(D) Housing support for students living in institutional
     facilities and commuting students.
       ``(E) Cultural events, academic programs, orientation
     programs, and other activities designed to ease the
     transition to campus life for such students.
       ``(F) Support for veteran student organizations and veteran
     student support groups on campus.
       ``(G) Coordination of academic advising and admissions
     counseling with military bases and national guard units in
     the area.
       ``(H) Other support services the institution determines to
     be necessary to ensure the success of such students in
     achieving their educational and career goals.
       ``(d) Application; Selection.--
       ``(1) Application.--To be considered for a grant under this
     section, an institution of higher education shall submit to
     the Secretary an application at such time, in such manner,
     and accompanied by such information as the Secretary may
     require.
       ``(2) Selection considerations.--In awarding grants under
     this section, the Secretary shall consider--
       ``(A) the number of veteran students enrolled at an
     institution of higher education; and
       ``(B) the need for model programs to address the needs of
     veteran students at a wide range of institutions of higher
     education, including the need to provide--
       ``(i) an equitable distribution of such grants to
     institutions of higher education of various types and sizes;
       ``(ii) an equitable geographic distribution 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 accountability plan for model
     programs funded under this section to objectively measure the
     impact of such programs, including a measure of whether
     postsecondary education enrollment, persistence, and
     completion for veterans increases 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 appropriated to carry
     out this part under section 800, the Secretary shall make
     grants to eligible entities to establish sustainability
     programs to design and implement sustainability practices,
     including in the areas of energy management, green building,
     waste management, purchasing, transportation, and toxics
     management, and other aspects of sustainability that
     integrate campus operations with multidisciplinary academic
     programs and are applicable to the private and government
     sectors.
       ``(2) Period of grant.--The provision of payments under a
     grant under paragraph (1) may extend 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, alliance, or
     collaboration operating in partnership with one or more
     institutions of higher education that received funds for the
     implementation of work associated with sustainability
     programs 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 form, and containing such
     information as the Secretary may reasonably require.
       ``(2) Assurances.--Such application shall include
     assurances that the eligible entity--
       ``(A) has developed or shall develop a plan, including an
     evaluation component, for the program component established
     pursuant to subsection (c);
       ``(B) shall use Federal funds received from a grant under
     subsection (a) 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 fiscal year in
     which such entity receives funds from a grant under
     subsection (a)(1), non-Federal 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 program
     component established in subsection (c); and
       ``(D) shall collaborate with business, government, and the
     nonprofit sectors in the development and implementation of
     its sustainability plan.
       ``(c) Use of Funds.--
       ``(1) Individual institutions.--Grants made under
     subsection (a) may be used by an eligible entity that is an
     individual institution of higher education for the following
     purposes:
       ``(A) To develop and implement administrative and
     operations practices at institutions of higher education that
     test, model, and analyze principles of sustainability.
       ``(B) To establish multidisciplinary education, research,
     and outreach programs at institutions of higher education
     that address the environmental, social, and economic
     dimensions of sustainability.
       ``(C) To support research and teaching initiatives that
     focus on multidisciplinary and integrated environmental,
     economic, and social elements.
       ``(D) To establish initiatives in the areas of energy
     management, green building, waste management, purchasing,
     toxics management, transportation, and other aspects of
     sustainability.
       ``(E) To support student, faculty, and staff work at
     institutions of higher education to implement, 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, manufacturing, engineering, and
     science programs.
       ``(2) Partnerships.--Grants made under subsection (a) may
     be used by an eligible entity that is a non-profit consortia,
     association, alliance, or collaboration operating as a
     partnership with one or more institutions of higher education
     for the following purposes:
       ``(A) To conduct faculty, staff and administrator training
     on the subjects of sustainability 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 accrediting agencies in the
     process of building 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
     toward fully sustainable campus operations and fully
     integrating sustainability into the curriculum.
       ``(F) To develop educational benchmarks for institutions of
     higher education to determine the necessary rigor and
     effectiveness of academic sustainability programs.
       ``(d) Reports.--An eligible entity that receives a grant
     under subsection (a) shall submit to the Secretary, 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 and publications,
     administrative savings experienced, and an evaluation of the
     program.
       ``(e) Allocation Requirement.--The Secretary may not make
     grants under subsection (a) to any eligible entity in a total
     amount that is less than $250,000 or more than $2,000,000.

[[Page H724]]

                 ``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 administrative
     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 implement sustainability
     programs for application in the community and workplace;
       ``(4) identify opportunities for partnerships involving
     institutions of higher education and the Federal 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 collaboration with new and
     existing programs, and specifically 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 Department of
     Education to raise awareness of and define the study of
     modeling and simulation;
       ``(B) providing grants to institutions of higher education
     to develop new modeling and simulation degree programs; and
       ``(C) providing grants for institutions of higher education
     to enhance existing modeling and simulation degree programs.
       ``(2) Definition.--In this section, the term `modeling and
     simulation' means a field of study related 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 system as a whole.
       ``(b) Establishment of Task Force.--
       ``(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 modeling and
     simulation (including the content of modeling and simulation
     classes and programs);
       ``(B) identifying best practices for such study;
       ``(C) identifying core knowledge and skills that
     individuals who participate in modeling and simulation
     programs should acquire; and
       ``(D) providing recommendations to the Secretary with
     respect to--
       ``(i) the information described in subparagraphs (A)
     through (C); and
       ``(ii) a system by which grants under this section will be
     distributed.
       ``(2) Taskforce membership.--The membership of the
     taskforce under this subsection shall be composed of
     representatives from--
       ``(A) institutions of higher education with established
     modeling and simulation degree programs;
       ``(B) the National Science Foundation;
       ``(C) Federal Government agencies that use modeling and
     simulation extensively, including the Department of Defense,
     the National Institute of Health, the Department of Homeland
     Security, the Department of Health and Human Services, the
     Department of Energy, and the Department of Transportation;
       ``(D) private industries with a primary focus on modeling
     and simulation; and
       ``(E) national modeling and simulation organizations.
       ``(c) Enhancing Modeling and Simulation at Institutions of
     Higher Education.--
       ``(1) Enhancement grants authorized.--
       ``(A) In general.--The Secretary is authorized to award
     grants, on a competitive basis, to eligible institutions to
     enhance modeling 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 less than $750,000.
       ``(D) Non-federal share.--Each eligible institution
     receiving a grant under this subsection shall provide, from
     non-Federal sources, in cash or in kind, an amount equal to
     25 percent 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 institution if the Secretary determines a waiver
     to be appropriate based on the financial ability of the
     institution.
       ``(2) Eligible institutions.--For the purposes of this
     subsection, an eligible institution is an institution of
     higher education that--
       ``(A) has an established modeling and simulation degree
     program, including a major, minor, or career-track program;
     or
       ``(B) has an established modeling and simulation
     certificate 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 information as the Secretary may require.
     Such application shall include--
       ``(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 institution of higher education;
       ``(B) an identification of designated faculty responsible
     for the enhancement of the institution'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 institution to carry out the
     plan developed in accordance with paragraph (3)(C) to enhance
     modeling and simulation programs at the institution, which
     may include--
       ``(A) in the case of an institution that is eligible under
     paragraph (2)(B), activities to assist in the establishment
     of a major, minor, or career-track modeling and simulation
     program at the eligible institution;
       ``(B) expanding the multi-disciplinary nature of the
     institution's modeling and simulation programs;
       ``(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 developments 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 authorized to award
     grants to institutions of higher education to establish a
     modeling and simulation program, including a major, minor,
     career-track, certificate, or concentration program.
       ``(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 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 less than $750,000.
       ``(D) Non-federal share.--Each eligible institution
     receiving a grant under this subsection shall provide, from
     non-Federal sources, in cash or in kind, an amount equal to
     25 percent 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 institution 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 include--
       ``(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 establishment of, a
     modeling and simulation program, including a major, minor,
     career-track, certificate, or concentration program at the
     eligible institution;
       ``(B) provide adequate staffing to ensure the successful
     establishment of the modeling and simulation program, which
     may include the assignment of full-time dedicated or
     supportive faculty; and
       ``(C) purchasing equipment necessary for a modeling and
     simulation program.
       ``(e) Authorization of Appropriations.--There are
     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 allocation 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).

               ``PART Q--BUSINESS WORKFORCE PARTNERSHIPS

     ``SEC. 887. GRANTS TO CREATE BUSINESS WORKFORCE PARTNERSHIPS.

       ``(a) Purpose and Authorization.--

[[Page H725]]

       ``(1) Purpose.--The purpose of this section is to provide
     grants to institutions of higher education partnering with
     employers to strengthen ties between college degree credit
     offerings and business and industry workforce needs, and
     expand opportunities for worksite learning.
       ``(2) Authorization of program.--The Secretary shall award
     grants, on a competitive basis, to eligible partnerships for
     the purposes of creating business and industry workforce
     partnerships.
       ``(b) Definition of Business and Industry Workforce
     Partnership.--
       ``(1) In general.--For purposes of this section, the term
     `business and industry workforce partnership' means a
     partnership between an institution of higher education and--
       ``(A) an employer or group of employers, or a local board
     (as such term is defined in section 101 of the Workforce
     Investment Act of 1998), or both; and
       ``(B) labor organizations, where applicable, that represent
     workers locally in the businesses or industries that are the
     focus of the partnership, including as a result of such
     organization's representation of employees at a worksite at
     which the partnership proposes to conduct activities under
     this section.
       ``(2) Exception.--In the case of a State that does not
     operate local boards, paragraph (1)(A) shall be applied by
     substituting `State board' for `local board'.
       ``(c) Application.--A business and industry workforce
     partnership 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) Priority for Applications Focused on Serving
     Nontraditional Students.--The Secretary shall give priority
     to applications focused on serving nontraditional students
     who are independent, as defined in section 480(d), do not
     already have a bachelor's degree, and who have one or more of
     the following characteristics:
       ``(1) Are the first generation in their family to attend
     college.
       ``(2) Have delayed enrollment in college.
       ``(3) Have dependents.
       ``(e) Peer Review.--The Secretary shall convene a peer
     review process, which shall include individuals knowledgeable
     about workforce education for working adults, to review
     applications for grants under this section, and make
     recommendations to the Secretary on the selection of grant
     recipients.
       ``(f) Mandatory Activities.--A partnership that receives a
     grant under this section shall use the grant funds to carry
     out all of the following activities:
       ``(1) Identify high demand occupations in the regional
     labor market which offer or can lead to high wages, in
     coordination with the State employment security agency funded
     under the Wagner-Peyser Act.
       ``(2) Develop linked career and educational pathways for
     those occupations and related ones, including, where
     appropriate, pathways involving registered apprenticeships.
       ``(3) Consult with employers offering jobs in occupations
     identified under paragraph (1) to determine workforce
     development needs.
       ``(4) Consult with labor organizations representing workers
     locally in the occupations identified in paragraph (1), where
     applicable.
       ``(5) Identify existing college degree credit offerings or
     create new degree credit offerings that prepare students to
     meet business and industry workforce needs, including
     offerings connected to registered apprenticeship programs.
       ``(g) Permissible Activities.--A partnership that receives
     a grant under this section may use the grant funds to carry
     out one or more of the following activities:
       ``(1) In consultation with faculty in the appropriate
     departments, adapt college offerings identified and created
     under subsection (f)(5) to the schedules and needs of working
     students, such as by creating evening, weekend, modular,
     compressed, or distance learning formats, enrolling students
     in learning communities, or other relevant innovations.
       ``(2) Create bridge programs that prepare students with
     lower skills or limited English proficiency to enter the
     college offerings identified or created under subsection
     (f)(5).
       ``(3) Expand worksite learning opportunities.
       ``(4) Other activities that the institution and the
     Secretary deem appropriate to carry out the purposes of this
     program.
       ``(h) Grant Period.--Grants made under this section shall
     be for a period of at least 36 months and not more than 60
     months.
       ``(i) Technical Assistance.--The Secretary shall provide
     technical assistance to grantees under this section
     throughout the grant period.
       ``(j) Evaluation.--The Secretary shall conduct an
     evaluation of the effectiveness of the program under this
     section and disseminate the findings of such evaluation, as
     well as information on promising practices developed under
     this section.
       ``(k) Report to Congress.--Not less than 36 months after
     the first grant is awarded under this section, the Secretary,
     jointly with the Secretary of Labor, shall report to Congress
     on:
       ``(1) Changes to the Higher Education Act and related Acts,
     such as the Perkins Vocational and Technical Education Act
     and the Workforce Investment Act (both Title I and Title II),
     that would help create and sustain business and industry
     workforce partnerships at colleges.
       ``(2) Other changes to the Higher Education Act and related
     Acts, such as the Perkins Vocational and Technical Education
     Act and the Workforce Investment Act, that would more
     generally strengthen the links between business and industry
     workforce needs, workforce development programs, and other
     college degree credit offerings.''.

     SEC. 802. SENSE OF THE CONGRESS; REPORT.

       (a) Sense of Congress.--It is the sense of the Congress
     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 direct loans for the
     discharge of such loans (in this section referred to as
     ``direct IDEA loans''), the Secretary of Education and the
     Secretary of the Treasury 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
     appropriate adjustments to his or her withholding or
     estimated tax payments for such purposes;
       (2) the Secretaries should determine--
       (A) whether such a repayment option would be beneficial to
     borrowers and taxpayers; and
       (B) how such program would be implemented 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 contingent repayment to the
     Department of Education, institutions, and applicants.
       (b) Report.--The Secretaries of Education and the Treasury
     shall, within one year after the date of enactment 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 statutory 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 demonstrating
     implementation of income contingent repayment collected
     through revenue services, such as programs in England,
     Australia, and New Zealand.

     SEC. 803. INDEPENDENT EVALUATION OF DISTANCE EDUCATION
                   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
     education programs, as compared to campus-based education
     programs, at institutions of higher education. Such
     evaluation shall include--
       (1) identification of the elements by which the quality of
     distance education, as compared to campus-based education,
     can be assessed, including elements such as subject matter,
     interactivity, and student outcomes;
       (2) identification of distance and campus-based education
     program success, with respect to student achievement, in
     relation to the mission of the institution of higher
     education; and
       (3) identification of the types of students (including
     classification of types of students based on student age) who
     most benefit from distance education programs, the types of
     students who most benefit from campus-based education
     programs, and the types of students who do not benefit from
     distance education programs, by assessing elements including
     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 Academy of
     Sciences submit to the authorizing committees (as such term
     is defined in section 103 of the Higher Education 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 following 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 institutions in
     the United States have the capacity to innovatively leverage
     spending and change consumption patterns by incorporating
     concepts of sustainability into their academic programs and
     by modeling sustainable economic and environmental practices
     for their communities.
       (3) Many colleges and universities have interdisciplinary
     programs or centers focusing on equipping students with the
     academic content knowledge needed to understand concepts of
     sustainability and ``going green''.
       (4) Many colleges and universities have programs 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 currently exist.
       (6) Colleges and universities may partner with businesses
     to encourage students and faculty to translate academic
     learning and research into practical solutions that promote
     sustainability.
       (7) Colleges and universities that make an effort to reduce
     energy consumption and promote environmental 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.

[[Page H726]]

       (8) Many colleges and universities have undertaken
     detailed, campus-wide assessments of their progress toward
     ``going green'' and sustainability or have measured their
     progress in specific sectors, such as operations, or specific
     parameters, such as recycling, energy, and water consumption.
       (9) No system that evaluates and compares college and
     university campuses in terms of overall sustainability-
     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 sustainability 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 sustainability programs.
       (2) Public awareness of the need for ``going green'' by
     using sustainable economic and environmental practices.
       (3) Non-governmental efforts to improve economic and
     environmental sustainability efforts on college and
     university campuses, including holding national summits to
     share best practices.
       (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 commission the
     National Research Council to conduct a national study to
     determine the viability of developing and implementing
     standards in environmental, health, and safety areas to
     provide for differential regulation of industrial
     laboratories and facilities, on the one hand, and research
     and teaching laboratories on the other. The National Research
     Council shall make specific recommendations for statutory and
     regulatory changes that are needed to develop such a
     differential approach.
       (b) Report.--The Secretary of Education shall submit 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).

     SEC. 806. STUDY OF MINORITY MALE ACADEMIC ACHIEVEMENT.

       (a) Study Required.--The Secretary of Education shall--
       (1) commission and ensure the conduct of a national study
     of underrepresented minority males, particularly African
     American and Hispanic American males, completing high school,
     and entering and graduating from colleges and universities in
     accordance with the following:
       (A) the data comprising the study shall focus primarily on
     African American and Hispanic 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 Congress and State
     superintendents of education on new approaches to increase--
       (A) the number of minority males successfully preparing
     themselves for college study;
       (B) the number of minority males graduating from high
     school and entering college; and
       (C) the number of minority males graduating 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 required by subsection
     (a)(2), to the authorizing committees (as such term is
     defined in section 103 of the Higher Education Act of 1965
     (20 U.S.C. 1003)).

     SEC. 807. STUDY ON BIAS IN STANDARDIZED TESTS.

       (a) Study.--The Comptroller General shall 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 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 Comptroller General shall issue an
     interim report to the authorizing committees (as defined in
     section 103 of the Higher Education 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.

     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 higher
     education. The study shall include information (disaggregated
     by types of institution) describing--
       (1) the average and range of--
       (A) the outstanding balance of such endowments;
       (B) the growth of such endowments over the last 10 years;
     and
       (C) the percentage of spending on an annual basis and, to
     the extent practicable, the uses of such endowments by the
     institutions; and
       (2) the extent to which the funds in such endowments are
     restricted, and the restrictions placed upon such funds.
       (b) Submission of Report.--The Secretary shall submit the
     report required by subsection (a) to the authorizing
     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.

     SEC. 810. STUDY OF CORRECTIONAL POSTSECONDARY EDUCATION.

       (a) Study Required.--The Secretary of Education shall--
       (1) conduct a longitudinal study to assess the effects of
     correctional postsecondary education that--
       (A) employs rigorous empirical methods that control for
     self-selection bias;
       (B) measures a range of outcomes, including those related
     to employment and earnings, recidivism, engaged citizenship,
     impact on families of the incarcerated, and impact on the
     culture of the correctional institution;
       (C) examines different delivery systems of postsecondary
     education, such as on-site and distance learning; and
       (D) includes a projected cost-benefit analysis of the
     Federal investment in terms of reduction of future offending,
     reduction of future prison costs (construction and
     operational), increased tax payments by formerly incarcerated
     individuals, a reduction of welfare and other social service
     costs for successful formerly incarcerated individuals, and
     increased costs from the employment of formerly incarcerated
     individuals; and
       (2) make specific recommendations to the Congress and the
     relevant State agencies responsible for correctional
     education, such as the State superintendents of education and
     State secretaries of corrections, on best approaches to
     increase correctional education and its effectiveness.
       (b) Submission of Reports.--Not later than 3 years after
     the date of enactment of this Act, the Secretary shall submit
     an interim report on the progress of the study required by
     subsection (a)(1) to the authorizing committees (as defined
     in section 103 of the Higher Education Act of 1965 (20 U.S.C.
     1003)). Not later than 7 years after the date of enactment of
     this Act, the Secretary shall submit a final report, together
     with the recommendations required by subsection (a)(3), to
     the authorizing committees.

     SEC. 811. NATIONAL UNDERGRADUATE FELLOWS PROGRAM.

       (a) Program Authorized.--The Secretary is authorized to
     provide grants, on a competitive basis, to institutions of
     higher education (as defined in section 102) to support a
     National Undergraduate Fellows program.
       (b) Purpose of Grants.--Grants under this section shall be
     provided to enable administrators (including student affairs
     administrators)--
       (1) to improve postsecondary degree completion rates of
     current underrepresented students through mentoring, a
     leadership institute, an internship, and funding to attend
     regional and national higher education administration
     conferences;
       (2) to increase the retention and success rates of not only
     current students, but future generations of underrepresented
     college students, by encouraging them to pursue a career in
     higher education or student affairs; and
       (3) to increase the quality and number of underrepresented
     higher education and student affairs administrators able to
     provide much needed student support services to students.
       (c) Uses of Funds.--Grantees under this section may use the
     funds to provide--
       (1) staffing support for the program, which may include a
     higher education administrator as a mentor;
       (2) summer internship opportunities focusing on higher
     education administration, at an institution other than their
     own;
       (3) a summer leadership institute participation opportunity
     for self reflection, leadership skill building, graduate
     school preparation, and career development; and
       (4) as needed, support to attend regional and national
     higher education conferences for additional leadership and
     professional development.
       (d) On-Going Support for the Fellows Program.--From the
     funds appropriated in section 800 of the Higher Education Act
     of 1965, the Secretary shall award a grant, on a competitive
     basis, to a national organization to enable such organization
     to support the establishment and ongoing work of the program
     under this section.

     SEC. 812. NATIONAL CENTER FOR LEARNING SCIENCE AND TECHNOLOGY
                   TRUST FUND.

       (a) Establishment.--There is established a nonprofit
     corporation to be known as the National Center for Learning
     Science and Technology (referred to in this Act as the
     ``Center'') which shall not be an agency or establishment of
     the United States Government. The Center shall be subject to
     the provisions of this section, and, to the extent consistent
     with this section,

[[Page H727]]

     to the District of Columbia Nonprofit Corporation Act (D.C.
     Code, section 29-501 et seq.).
       (b) Funding.--
       (1) In general.--There is established in the Treasury a
     separate fund to be known as the National Center for Learning
     Science and Technology Trust Fund (referred to in this Act as
     the ``Trust Fund''). The Trust Fund shall contain such
     amounts as are credited to the Trust Fund under paragraph (2)
     and other funds obtained under paragraph (3).
       (2) Authorization of appropriations.--There are authorized
     to be appropriated to the Trust Fund such sums as may be
     necessary for the fiscal years 2008 and each of the 4
     succeeding fiscal years.
       (3) Additional funds.--The Trust Fund is authorized--
       (A) to accept funds from any Federal agency or entity;
       (B) to accept, hold, administer, invest, and spend any
     gift, devise, or bequest of real or personal property made to
     the Center; and
       (C) to enter into contracts with individuals, public or
     private organizations, professional societies, and government
     agencies for the purpose of carrying out the functions of the
     Center.
       (c) Board of Directors; Functions, and Duties.--
       (1) In general.--A board of directors of the Center
     (referred to in this Act as the ``Board'') shall be
     established to oversee the administration of the Center. Such
     Board shall consist of 9 members to be appointed by the
     Secretary of Education, who--
       (A) reflect representation from the public and private
     sectors; and
       (B) shall provide, as nearly as practicable, a broad
     representation of various regions of the United States,
     various professions and occupations, and various kinds of
     talent and experience appropriate to the functions and
     responsibilities of the Center.
       (2) Organization and operation.--The board shall
     incorporate and operate the center in accordance with the
     laws governing tax exempt organizations in the District of
     Columbia.
       (d) Trust Fund Uses.--
       (1) Uses of funds.--To achieve the objectives of this Act,
     the Director of the Center, after consultation with the
     Board, may use Trust funds--
       (A) to support basic and applied research development and
     demonstrations of innovative learning and assessment systems
     as well as the components and tools needed to create them;
       (B) to support the testing and evaluation of these systems;
     and
       (C) to encourage the widespread adoption and use of
     effective approaches to learning.
       (2) Contracts and grants.--
       (A) In general.--In order to carry out the activities
     described in paragraph (1), the Director of the Center, with
     the agreement of a majority of the members of the Board, may
     award contracts and grants to colleges and universities,
     museums, libraries, public broadcasting entities and similar
     nonprofit organizations and public institutions (with or
     without private partners).
       (B) Public domain.--
       (i) In general.--The research and development properties
     and materials associated with a project in which a majority
     of the funding used to carry out the project is from a grant
     or contract under this Act shall be freely and nonexclusively
     available to the general public in a timely manner.
       (ii) Exemption.--The Director of the Center may exempt
     specific projects from the requirement of clause (i) if the
     Director of the Center and a majority of the members of the
     Board determine that the general public will benefit
     significantly due to the project not being freely and
     nonexclusively available to the general public in a timely
     manner.
       (C) Peer review.--To the extent practicable, proposals for
     grants or contracts shall be evaluated on the basis of
     comparative merit by panels of experts who represent diverse
     interests and perspectives, and who are appointed by the
     Director of the Center from recommendations from the fields
     served and from the Board of Directors.
       (e) Accountability and Reporting.--
       (1) Report.--
       (A) In general.--Not later than April 30 of each year, the
     Director of the Center shall prepare a report for the
     preceding fiscal year that contains the information described
     in subparagraph (B).
       (B) Contents.--A report under subparagraph (A) shall
     include--
       (i) a comprehensive and detailed report of the Center's
     operations, activities, financial condition, and
     accomplishments, and such recommendations as the Director of
     the Center determines appropriate;
       (ii) a comprehensive and detailed inventory of funds
     distributed from the Trust Fund during the fiscal year for
     which the report is being prepared; and
       (iii) an independent audit of the Trust Fund's finances and
     operations, and of the implementation of the goals
     established by the Board.
       (C) Statement of the board.--Each report under subparagraph
     (A) shall include a statement from the Board containing--
       (i) a clear description of the plans and priorities of the
     Board for the subsequent 5-year period for expenditures from
     the Trust Fund; and
       (ii) an estimate of the funds that will be available for
     such expenditures from the Trust Fund.
       (D) Submission to the president and congress.--A report
     under this subsection shall be submitted to the President and
     the authorizing committees (as such term is defined in
     section 103 of the Higher Education Act of 1965 (20 U.S.C.
     1003)).
       (2) Testimony.--The Director and principal officers of the
     Center shall testify before the appropriate committees of
     Congress, upon request of such committees, with respect to--
       (A) a report prepared under paragraph (1)(A); and
       (B) any other matter that such committees may determine
     appropriate.
       (f) Use of Funds Subject to Appropriations.--The authority
     to award grants, enter into contracts, or otherwise to expend
     funds under this section is subject to the availability of
     amounts deposited into the Trust Fund under subsection
     (b)(3)(A) or (B), or amounts otherwise appropriated for such
     purposes by an Act of Congress.

     SEC. 813. GAO STUDY OF EDUCATION RELATED INDEBTEDNESS OF
                   MEDICAL SCHOOL GRADUATES.

       (a) Study Required.--The Comptroller General shall conduct
     a study to evaluate the higher education related indebtedness
     of medical school graduates in the United States at the time
     of graduation.
       (b) Deadline.--Not later than 1 year after the date of
     enactment of this Act, the Comptroller General shall submit a
     report on the study required by subsection (a) to the
     authorizing Committees (as such term is defined in section
     103 of the Higher Education Act of 1965), and shall make the
     report widely available to the public. Additional reports may
     be periodically prepared and released as necessary.

                   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 inserting ``LAURENT
     CLERC NATIONAL DEAF EDUCATION CENTER'';
       (2) in subsection (a)(1)(A), by inserting ``the Laurent
     Clerc National Deaf Education Center (referred 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 inserting ``Clerc Center'';
       (B) in paragraph (2), by striking ``elementary and
     secondary education programs'' and inserting ``Clerc
     Center'';
       (C) in paragraph (4)(C)--
       (i) in clause (i), by striking ``(6)'' and inserting
     ``(8)''; and
       (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 achievement 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 Education 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 assessments for such
     programs by not later than the beginning of the 2009-2010
     academic year;
       ``(B) annually determine whether such programs at the Clerc
     Center are making adequate yearly progress, as determined
     according to the definition of adequate yearly progress
     defined (pursuant to section 1111(b)(2)(C) of such Act (20
     U.S.C. 6311(b)(2)(C))) by--
       ``(i) the State that has adopted and implemented the
     standards and assessments selected under subparagraph
     (A)(i)(I); or
       ``(ii) the University, if the University develops standards
     and assessments in accordance with subparagraph (A)(i)(II);
     and
       ``(C) publicly report the results of the academic
     assessments implemented under subparagraph (A), except where
     such reporting would not yield statistically reliable
     information or would reveal personally identifiable
     information about an individual student, and whether the
     programs at the Clerc Center are making adequate yearly
     progress, as determined under subparagraph (B).''.

     SEC. 902. AGREEMENT WITH GALLAUDET UNIVERSITY.

       Section 105(b)(4) of the Education of the Deaf Act of 1986
     (20 U.S.C. 4305(b)(4)) is amended--
       (1) by striking ``the Act of March 3, 1931 (40 U.S.C. 276a-
     276a-5) commonly referred to as the Davis-Bacon Act'' and
     inserting ``subchapter IV of chapter 31 of title 40, United
     States Code, commonly referred to as the Davis-Bacon Act'';
     and
       (2) by striking ``section 2 of the Act of June 13, 1934 (40
     U.S.C. 276c)'' and inserting ``section 3145 of title 40,
     United States Code''.

     SEC. 903. AGREEMENT FOR THE NATIONAL TECHNICAL INSTITUTE FOR
                   THE DEAF.

       Section 112 of the Education of the Deaf Act of 1986 (20
     U.S.C. 4332) is amended--
       (1) in subsection (a)--
       (A) in paragraph (1)--
       (i) in the first sentence--

       (I) by striking ``an institution of higher education'' and
     inserting ``the Rochester Institute of Technology, Rochester,
     New York''; and
       (II) by striking ``of a'' and inserting ``of the''; and

       (ii) by striking the second sentence;
       (B) by redesignating paragraph (2) as paragraph (3); and
       (C) by inserting after paragraph (1) the following:
       ``(2) If, pursuant to the agreement established under
     paragraph (1), either the Secretary or the Rochester
     Institute of Technology terminates the agreement, the
     Secretary shall consider proposals from other institutions of
     higher education and enter into an agreement with one of

[[Page H728]]

     those institutions for the establishment and operation of a
     National Technical Institute for the Deaf.''; and
       (2) in subsection (b)--
       (A) in paragraph (3), by striking ``Committee on Labor and
     Human Resources of the Senate'' and inserting ``Committee on
     Health, Education, Labor, and Pensions of the Senate''; and
       (B) in paragraph (5)--
       (i) by striking ``the Act of March 3, 1931 (40 U.S.C.
     276a--276a-5) commonly referred to as the Davis-Bacon Act''
     and inserting ``subchapter IV of chapter 31 of title 40,
     United States Code, commonly referred to as the Davis-Bacon
     Act''; and
       (ii) by striking ``section 2 of the Act of June 13, 1934
     (40 U.S.C. 276c)'' and inserting ``section 3145 of title 40,
     United States Code''.

     SEC. 904. AUDIT.

       Section 203 of the Education of the Deaf Act of 1986 (20
     U.S.C. 4353) is amended--
       (1) in subsection (b)--
       (A) in paragraph (2), by striking ``sections'' and all that
     follows through the period and inserting ``sections 102(b),
     105(b)(4), 112(b)(5), 203(c), 207(b)(2), subsections (c)
     through (f) of section 207, and subsections (b) and (c) of
     section 209.''; and
       (B) in paragraph (3), by inserting ``and the Committee on
     Education and Labor of the House of Representatives and the
     Committee on Health, Education, Labor, and Pensions of the
     Senate'' after ``Secretary''; and
       (2) in subsection (c)(2)(A), by striking ``Committee on
     Labor and Human Resources of the Senate'' and inserting
     ``Committee on Health, Education, Labor, and Pensions of the
     Senate''.

     SEC. 905. REPORTS.

       Section 204 of the Education of the Deaf Act of 1986 (20
     U.S.C. 4354) is amended--
       (1) in the matter preceding paragraph (1), by striking
     ``Committee on Labor and Human Resources of the Senate'' and
     inserting ``Committee on Health, Education, Labor, and
     Pensions of the Senate'';
       (2) in paragraph (1), by striking ``preparatory,'';
       (3) in paragraph (2)(C), by striking ``upon graduation/
     completion'' and inserting ``on the date that is 1 year after
     the date of graduation or completion''; and
       (4) in paragraph (3)(B), by striking ``of the institution
     of higher education'' and all that follows through the period
     and inserting ``of NTID programs and activities.''.

     SEC. 906. MONITORING, EVALUATION, AND REPORTING.

       Section 205 of the Education of the Deaf Act of 1986 (20
     U.S.C. 4355) is amended--
       (1) in the first sentence of subsection (a), by striking
     ``preparatory,'';
       (2) in subsection (b), by striking ``The Secretary, as part
     of the annual report required under section 426 of the
     Department of Education Organization Act, shall include a
     description of'' and inserting ``The Secretary shall annually
     transmit information to Congress on''; and
       (3) in subsection (c), by striking ``fiscal years 1998
     through 2003'' and inserting ``fiscal years 2008 through
     2013''.

     SEC. 907. LIAISON FOR EDUCATIONAL PROGRAMS.

       Section 206(a) of the Education of the Deaf Act of 1986 (20
     U.S.C. 4356(a)) is amended by striking ``Not later than 30
     days after the date of enactment of this Act, the'' and
     inserting ``The''.

     SEC. 908. FEDERAL ENDOWMENT PROGRAMS FOR GALLAUDET UNIVERSITY
                   AND THE NATIONAL TECHNICAL INSTITUTE FOR THE
                   DEAF.

       Section 207(h) of the Education of the Deaf Act of 1986 (20
     U.S.C. 4357(h)) is amended by striking ``fiscal years 1998
     through 2003'' each place it appears and inserting ``fiscal
     years 2008 through 2013''.

     SEC. 909. OVERSIGHT AND EFFECT OF AGREEMENTS.

       Section 208(a) of the Education of the Deaf Act of 1986 (20
     U.S.C. 4359(a)) is amended by striking ``Committee on Labor
     and Human Resources of the Senate and the Committee on
     Education and the Workforce of the House of Representatives''
     and inserting ``Committee on Education and Labor of the House
     of Representatives and the Committee on Health, Education,
     Labor, and Pensions of the Senate''.

     SEC. 910. INTERNATIONAL STUDENTS.

       Section 209 of the Education of the Deaf Act of 1986 (20
     U.S.C. 4359a) is amended--
       (1) in subsection (a)--
       (A) by striking ``preparatory, undergraduate,'' and
     inserting ``undergraduate'';
       (B) by striking ``Effective with'' and inserting the
     following:
       ``(1) In general.--Except as provided in paragraph (2),
     effective with''; and
       (C) by adding at the end the following:
       ``(2) Distance learning.--International students who
     participate in distance learning courses that are at NTID or
     the University and who are residing outside of the United
     States shall--
       ``(A) not be counted as international students for purposes
     of the cap on international students under paragraph (1),
     except that in any school year no United States citizen who
     applies to participate in distance learning courses that are
     at the University or NTID shall be denied participation in
     such courses because of the participation of an international
     student in such courses; and
       ``(B) not be charged a tuition surcharge, as described in
     subsection (b).''; and
       (2) by striking subsections (b), (c), and (d), and
     inserting the following:
       ``(b) Tuition Surcharge.--Except as provided in subsections
     (a)(2)(B) and (c), the tuition for postsecondary
     international students enrolled in the University (including
     undergraduate and graduate students) or NTID shall include,
     for academic year 2008-2009 and any succeeding academic year,
     a surcharge of--
       ``(1) 100 percent for a postsecondary international student
     from a non-developing country; and
       ``(2) 50 percent for a postsecondary international student
     from a developing country.
       ``(c) Reduction of Surcharge.--
       ``(1) In general.--Beginning with the academic year 2008-
     2009, the University or NTID may reduce the surcharge--
       ``(A) under subsection (b)(1) from 100 percent to not less
     than 50 percent if--
       ``(i) a student described under subsection (b)(1)
     demonstrates need; and
       ``(ii) such student has made a good-faith effort to secure
     aid through such student's government or other sources; and
       ``(B) under subsection (b)(2) from 50 percent to not less
     than 25 percent if--
       ``(i) a student described under subsection (b)(2)
     demonstrates need; and
       ``(ii) such student has made a good faith effort to secure
     aid through such student's government or other sources.
       ``(2) Development of sliding scale.--The University and
     NTID shall develop a sliding scale model that--
       ``(A) will be used to determine the amount of a tuition
     surcharge reduction pursuant to paragraph (1); and
       ``(B) shall be approved by the Secretary.
       ``(d) Definition.--In this section, the term `developing
     country' means a country with a per-capita income of not more
     than $4,825, measured in 1999 United States dollars, as
     adjusted by the Secretary to reflect inflation since 1999.''.

     SEC. 911. RESEARCH PRIORITIES.

       Section 210(b) of the Education of the Deaf Act of 1986 (20
     U.S.C. 4359b(b)) is amended by striking ``Committee on
     Education and the Workforce of the House of Representatives,
     and the Committee on Labor and Human Resources of the
     Senate'' and inserting ``Committee on Education and Labor of
     the House of Representatives, and the Committee on Health,
     Education, Labor, and Pensions of the Senate''.

     SEC. 912. NATIONAL STUDY ON THE EDUCATION OF THE DEAF.

       (a) Conduct of Study.--Subsection (a)(1) of section 211 of
     the Education of the Deaf Act of 1986 (20 U.S.C. 4360) is
     amended by inserting after ``The Secretary shall'' the
     following: ``establish a commission on the education of the
     deaf (in this section referred to as the `commission') to''.
       (b) Public Input and Consultation.--Subsection (b) of such
     section is amended by striking ``Secretary'' each place it
     appears and inserting ``commission''.
       (c) Report.--Subsection (c) of such section is amended--
       (1) in the matter preceding paragraph (1), by striking
     ``Secretary'' and all that follows through ``1998'' and
     inserting ``commission shall report to the Secretary and
     Congress not later than 18 months after the date of the
     enactment of the College Opportunity and Affordability Act of
     2007''; and
       (2) in paragraph (1)--
       (A) by striking ``recommendations,'' and inserting
     ``recommendations relating to educated-related factors that
     contribute to successful postsecondary education experiences
     and employment for individuals who are deaf,''; and
       (B) by striking ``Secretary'' and inserting ``commission''.
       (d) Authorization of Appropriations.--Subsection (d) of
     such section is amended by striking ``$1,000,000 for each of
     the fiscal years 1999 and 2000'' and inserting ``such sums as
     may be necessary for each of the fiscal years 2008 and
     2009''.

     SEC. 913. AUTHORIZATION OF APPROPRIATIONS.

       Section 212 of the Education of the Deaf Act of 1986 (20
     U.S.C. 4360a) is amended--
       (1) in subsection (a), in the matter preceding paragraph
     (1), by striking ``fiscal years 1998 through 2003'' and
     inserting ``fiscal years 2008 through 2013''; and
       (2) in subsection (b), by striking ``fiscal years 1998
     through 2003'' and inserting ``fiscal years 2008 through
     2013''.

                        PART B--INDIAN EDUCATION

              Subpart 1--Tribal Colleges and Universities

     SEC. 921. REAUTHORIZATION OF THE TRIBALLY CONTROLLED COLLEGE
                   OR UNIVERSITY ASSISTANCE ACT OF 1978.

       (a) Clarification of the Definition of National Indian
     Organization.--Section 2(a)(6) of the Tribally Controlled
     College or University Assistance Act of 1978 (25 U.S.C.
     1801(a)(6)) is amended by striking ``in the field of Indian
     education'' and inserting ``in the fields of tribally
     controlled colleges and universities and Indian higher
     education''.
       (b) Indian Student Count.--Section 2(a) of the Tribally
     Controlled College or University Assistance Act of 1978 (25
     U.S.C. 1801(a)) is amended--
       (1) by redesignating paragraphs (7) and (8) as paragraphs
     (8) and (9), respectively; and
       (2) by inserting after paragraph (6) the following:
       ``(7) `Indian student' means a student who is--
       ``(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 inserting
     ``subsection (a)(8)'';
       (2) by striking paragraph (5) and inserting the following:
       ``(5) Determination of credits.--Eligible credits earned in
     a continuing education program--

[[Page H729]]

       ``(A) shall be determined as 1 credit for every 10 contact
     hours in the case of an institution on a quarter system, or
     15 contact hours in the case of an institution on a semester
     system, of participation in an organized continuing education
     experience under responsible sponsorship, capable direction,
     and qualified instruction, as described in the criteria
     established by the International Association for Continuing
     Education and Training; and
       ``(B) shall be limited to 10 percent of the Indian student
     count of a tribally controlled college 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 following:
       ``(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 association, is making
     reasonable progress toward accreditation.''.
       (e) Technical Assistance Contracts.--Section 105 of the
     Tribally Controlled College or University Assistance Act of
     1978 (25 U.S.C. 1805) is amended--
       (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, preference shall be
     given'' and inserting the following:
       ``(2) Designated organization.--The Secretary shall require
     that a contract for technical assistance under paragraph (1)
     shall be awarded''; and
       (3) in the third sentence, by striking ``No authority'' 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 indenting the
     subparagraphs appropriately;
       (2) by striking ``(a) Except as provided in section 111,''
     and inserting the following:
       ``(a) Requirement.--
       ``(1) In general.--Except as provided in paragraph (2) and
     section 111,'';
       (3) in paragraph (1) (as redesignated by paragraphs (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 inserting ``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 inflation.''; and
       (4) by striking ``except that no grant shall exceed the
     total cost of the education program provided 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 provided by the applicable tribally
     controlled college or university.''.
       (g) General Provisions Reauthorization.--Section 110(a) of
     the Tribally Controlled College or University Assistance Act
     of 1978 (25 U.S.C. 1810(a)) is amended--
       (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 University Assistance Act
     of 1978 (25 U.S.C. 1836(a)) is amended--
       (1) by striking ``1999'' and inserting ``2008''; and
       (2) by striking ``4 succeeding'' and inserting ``5
     succeeding''.
       (i) Tribal Economic Development Reauthorization.--Section
     403 of the Tribal Economic Development 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 necessary for fiscal year
     2008''; and
       (2) by striking ``4 succeeding'' and inserting ``5
     succeeding''.
       (j) Tribally Controlled Postsecondary Career and Technical
     Institutions.--
       (1) In general.--The Tribally Controlled College or
     University Assistance Act of 1978 (25 U.S.C. 1801 et seq.) is
     amended by adding at the end the following:

   ``TITLE V--TRIBALLY CONTROLLED POSTSECONDARY CAREER AND TECHNICAL
                              INSTITUTIONS

     ``SEC. 501. DEFINITION OF TRIBALLY CONTROLLED POSTSECONDARY
                   CAREER AND TECHNICAL INSTITUTION.

       ``In this title, the term `tribally controlled
     postsecondary 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 CAREER AND
                   TECHNICAL INSTITUTIONS PROGRAM.

       ``(a) In General.--Subject to the availability of
     appropriations, 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 institutions to
     receive assistance under this title; and
       ``(2) provide funding to the selected tribally controlled
     postsecondary career and technical institutions to pay the
     costs (including institutional support costs) of operating
     postsecondary career and technical education programs for
     Indian students at the tribally controlled postsecondary
     career and technical institutions.
       ``(b) Selection of Certain Institutions.--
       ``(1) Requirement.--For each fiscal year during which the
     Secretary determines that a tribally controlled postsecondary
     career and technical institution described in paragraph (2)
     meets the definition referred to in section 501, the
     Secretary shall select that tribally controlled postsecondary
     career and technical institution under subsection (a)(1) to
     receive funding under this section.
       ``(2) Institutions.--The 2 tribally controlled
     postsecondary career and technical institutions referred to
     in paragraph (1) are--
       ``(A) the United Tribes Technical College; and
       ``(B) the Navajo Technical College.
       ``(c) Method of Payment.--For each applicable fiscal year,
     the Secretary shall provide funding under this section to
     each tribally controlled postsecondary career and technical
     institution selected for the fiscal year under subsection
     (a)(1) in a lump sum payment for the fiscal year.
       ``(d) Distribution.--
       ``(1) In general.--For fiscal year 2009 and each fiscal
     year thereafter, of amounts made available pursuant to
     section 504, the Secretary shall distribute to each tribally
     controlled postsecondary career and technical institution
     selected for the fiscal year under subsection (a)(1) an
     amount equal to the greater of--
       ``(A) the total amount appropriated for the tribally
     controlled postsecondary career and technical institution for
     fiscal year 2006; or
       ``(B) the total amount appropriated for the tribally
     controlled postsecondary career and technical institution for
     fiscal year 2008.
       ``(2) Excess amounts.--If, for any fiscal year, the amount
     made available pursuant to section 504 exceeds the sum of the
     amounts required to be distributed under paragraph (1) to the
     tribally controlled postsecondary career and technical
     institutions selected for the fiscal year under subsection
     (a)(1), the Secretary shall distribute to each tribally
     controlled postsecondary career and technical institution
     selected for that fiscal year a portion of the excess amount,
     to be determined by--
       ``(A) dividing the excess amount by the aggregate Indian
     student count (as defined in section 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 academic 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 subsection
     (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 Education 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 existence 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
     eligibility of a tribally controlled postsecondary career and
     technical institutions to receive Federal financial
     assistance 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 institutions.

     ``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 Education Act of 2006 (20 U.S.C.
     2327) is amended--
       (A) by striking subsection (a) and inserting the following:
       ``(a) Grant Program.--Subject to the availability of
     appropriations, the Secretary shall make grants under this
     section, to provide basic

[[Page H730]]

     support for the education and training of Indian students, to
     tribally controlled postsecondary career and technical
     institutions that are not receiving 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 inserting the following:
       ``(d) Applications.--To be eligible to receive a grant
     under this section, a tribally controlled postsecondary
     career and technical institution that is not receiving
     Federal assistance under title I of the Tribally Controlled
     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 application at such time, in
     such manner, and containing such information as the Secretary
     may require.''.
       (k) Short Title.--
       (1) In general.--The first section of the Tribally
     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 (including
     regulations) to the Tribally Controlled College or University
     Assistance Act of 1978 shall be considered to be a reference
     to the ``Tribally Controlled Colleges and Universities
     Assistance Act of 1978''.

                   Subpart 2--Navajo Higher Education

     SEC. 931. REAUTHORIZATION OF NAVAJO COMMUNITY COLLEGE 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 College'' and
     inserting ``Dine College''.
       (b) Grants.--Section 3 of the Navajo Community College Act
     (25 U.S.C. 640b) is amended--
       (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 inserting ``Navajo
     Nation''; and
       (B) by striking ``Navajo Indians'' and inserting ``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 Community 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 College Assistance Act
     of 1978'' and inserting ``October 1, 2007''; and
       (3) in subsection (c), in the first sentence, by striking
     ``the Navajo Community College'' and inserting ``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 infrastructure,
     classrooms, and external structures (such as walkways).'';
       (2) in subsection (b)(1)--
       (A) in the matter preceding subparagraph (A)--
       (i) by striking ``the Navajo Community 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 end 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:
       ``(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 preservation and
     protection of the Navajo language, philosophy, and culture;
       ``(iv) employment and training opportunities;
       ``(v) economic development and community outreach; and
       ``(vi) a safe learning, working, and living 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 College'' each place
     it appears and inserting ``Dine College''; and
       (2) in subsection (b), by striking ``college'' and
     inserting ``College''.
       (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 FOR TRAINING FOR INCARCERATED INDIVIDUALS.

       Part D of title VIII of the Higher Education Amendments of
     1998 (20 U.S.C. 1151) is amended to read as follows:

       ``PART D--GRANTS FOR TRAINING FOR INCARCERATED INDIVIDUALS

     ``SEC. 821. GRANTS FOR IMPROVED WORKPLACE AND COMMUNITY
                   TRANSITION TRAINING FOR INCARCERATED
                   INDIVIDUALS.

       ``(a) Definition.--In this section:
       ``(1) Incarcerated individual.--The term `incarcerated
     individual' means a male or female offender who is
     incarcerated in a State or Federal prison, including a
     prerelease facility.
       ``(2) Secretary.--The term `Secretary' means the Secretary
     of Education.
       ``(b) Grant Program.--The Secretary--
       ``(1) shall establish a program in accordance with this
     section to provide grants to the State correctional education
     agencies in the States, and to the Federal Bureau of Prisons,
     to assist and encourage incarcerated individuals to acquire
     educational and job skills, through--
       ``(A) coursework to prepare students to take college-level
     courses, such as remedial math and English for postsecondary
     preparation;
       ``(B) the pursuit of a postsecondary education certificate,
     or an associate or bachelor's degree, provided by a
     regionally or nationally accredited body while in prison; and
       ``(C) employment counseling and other related 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 and the Federal Bureau of Prisons receiving grants
     under this section as the Secretary determines are necessary
     to assess the effectiveness of the program under this
     section.
       ``(c) Application.--To be eligible for a grant under this
     section, a State correctional education agency or the Federal
     Bureau of Prisons shall submit to the Secretary a proposal
     for an incarcerated individual program that--
       ``(1) identifies the scope of the problem, including the
     number of incarcerated individuals in need of postsecondary
     education and vocational training;
       ``(2) lists the accredited public or private educational
     institution or institutions with campuses established outside
     the prison facility that will provide postsecondary
     preparatory or postsecondary educational services;
       ``(3) lists the cooperating agencies, public and private,
     or businesses that will provide related services, such as
     counseling in the areas of career development, substance
     abuse, health, and parenting skills;
       ``(4) describes specific performance objectives and
     evaluation methods (in addition to, and consistent with, any
     objectives established by the Secretary under subsection
     (b)(2)) that the State correctional education agency or the
     Federal Bureau of Prisons will use in carrying out its
     proposal, including--
       ``(A) specific and quantified student outcome measures that
     are referenced to outcomes for non-program participants with
     similar demographic 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 attainment;
       ``(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 subindicators as time
     before subsequent offense and severity of offense;
       ``(5) describes how the proposed programs are to be
     integrated with existing State and Federal correctional
     education programs (such as adult education, graduate
     education degree programs, and vocational training) and State
     and Federal prison industry programs; and
       ``(6) describes how the proposed programs will have
     considered or will utilize technology to deliver the services
     under this section.
       ``(d) Program Requirements.--Each State correctional
     education agency and Federal Bureau of Prisons entity
     receiving a grant under this section shall--
       ``(1) annually report to the Secretary regarding--
       ``(A) the results of the evaluations conducted using data
     elements and definitions provided by the Secretary for the
     use of State correctional education programs and the Federal
     Bureau of Prisons;
       ``(B) any objectives or requirements established by the
     Secretary pursuant to subsection (b)(2);

[[Page H731]]

       ``(C) the additional performance objectives and evaluation
     methods contained in the proposal described in subsection
     (c)(4) as necessary to document the attainment of project
     performance objectives; and
       ``(D) how the funds provided under this section are being
     allocated among postsecondary preparatory education,
     postsecondary academic, and vocational education programs;
     and
       ``(2) provide to each State and the Federal Bureau of
     Prisons for each student eligible 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) Education Delivery Systems.--State correctional
     education agencies, the Federal Bureau of Prisons, and
     cooperating institutions shall, to the extent practicable,
     use high-tech applications in developing programs to meet the
     requirements and goals of this section.
       ``(f) Length of Participation.--Services carried out with a
     grant under this section shall be available to incarcerated
     individuals as follows:
       ``(1) Educational services shall start during the period of
     incarceration or prerelease and shall end upon release.
       ``(2) Related services shall start during the period of
     incarceration or prerelease and may continue for not more
     than one year after release.
       ``(g) Federal Bureau of Prisons Grant Eligibility.--
     Notwithstanding any other provision of law, the Federal
     Bureau of Prisons shall be eligible to apply for and receive
     a grant under this section, provided that the Federal Bureau
     of Prisons meets the application and program requirements
     under this section.
       ``(h) Allocation of Funds.--
       ``(1) States.--From the funds appropriated pursuant to
     subsection (i) for each fiscal year, the Secretary shall
     allot to each State an amount that bears the same ratio to
     such funds as the total number of incarcerated individuals in
     such State bears to the total number of such incarcerated
     individuals in all States.
       ``(2) Federal bureau of prisons facilities.--From the funds
     appropriated pursuant to subsection (h) for each fiscal year,
     the Secretary shall allot to each Federal Bureau of Prisons
     facility an amount that bears the same ratio to such funds as
     the total number of inmates in such facility bears to the
     total number of inmates in all Bureau of Prisons facilities.
       ``(i) Authorization of Appropriations.--There are
     authorized to be appropriated to carry out this section such
     sums as may be necessary for fiscal year 2009 and each of the
     4 succeeding fiscal years.''.

     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 PROVISIONS.

       The following provisions of the Higher Education Amendments
     of 1998 are repealed:
       (1) Study of market mechanisms in federal student loan
     programs.--Section 801 (20 U.S.C. 1018 note).
       (2) Study of feasibility of alternate financial instruments
     for determining lender yields.--Section 802.
       (3) Student related debt study.--Section 803 (20 U.S.C.
     1015 note).
       (4) Community scholarship mobilization.--Part C of title
     VIII (20 U.S.C. 1070 note).
       (5) Improving united states understanding of science,
     engineering, and technology in east asia.--Part F of title
     VIII (42 U.S.C. 1862 note).
       (6) Web-based education commission.--Part J of title VIII.

     SEC. 944. OLYMPIC SCHOLARSHIPS.

       Section 1543(d) of the Higher Education Amendments of 1992
     (20 U.S.C. 1070 note) is amended by striking ``1999'' and
     inserting ``2009''.

     SEC. 945. ESTABLISHMENT OF ASSISTANT SECRETARY FOR
                   INTERNATIONAL AND FOREIGN LANGUAGE EDUCATION.

       (a) In General.--Section 202 of the Department of Education
     Organization Act (20 U.S.C. 3412) is amended in subsection
     (b)(1)--
       (1) in subparagraph (E) by striking ``and'' at the end;
       (2) by redesignating subparagraph (F) as subparagraph (G);
     and
       (3) by inserting after subparagraph (E) the following:
       ``(F) an Assistant Secretary for International and Foreign
     Language Education; and''.
       (b) Functions.--Such section is further amended by adding
     at the end the following:
       ``(j) The Assistant Secretary for International and Foreign
     Language Education--
       ``(1) shall be an individual with extensive background and
     experience in international and foreign language education;
     and
       ``(2) notwithstanding any other provision of law, shall
     report directly to the Secretary.''.
       (c) Conforming Amendment.--Such section is further amended
     in subsection (e)--
       (1) in paragraph (4), by adding ``and'' at the end;
       (2) in paragraph (5), by striking ``; and'' at the end and
     inserting a period; and
       (3) by striking paragraph (6).
       (d) Office of International and Foreign Language
     Education.--Title II of the Department of Education
     Organization Act is amended by inserting after section 207
     (20 U.S.C. 3417) the following:


        ``OFFICE OF INTERNATIONAL AND FOREIGN LANGUAGE EDUCATION

       ``Sec. 207A.  There shall be in the Department an Office of
     International and Foreign Language Education, to be
     administered by the Assistant Secretary for International and
     Foreign Language Education appointed under section 202(b). In
     addition to performing such functions affecting international
     and foreign language education as the Secretary may
     prescribe, the Assistant Secretary shall--
       ``(1) have responsibility for encouraging and promoting the
     study of foreign languages and the study of cultures of other
     countries at the elementary, secondary, and postsecondary
     levels in the United States;
       ``(2) carry out the administration of all Department
     programs on international and foreign language education and
     research;
       ``(3) coordinate with related international and foreign
     language education programs of other Federal departments and
     agencies; and
       ``(4) administer and coordinate the Department of
     Education's activities in international affairs.''.

                  PART D--JUSTICE DEPARTMENT PROGRAMS

     SEC. 951. LOAN REPAYMENT FOR PROSECUTORS AND DEFENDERS.

       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 encourage
     qualified individuals to enter and continue employment 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 agency who--
       ``(A) is continually licensed to practice law; and
       ``(B) prosecutes criminal or juvenile delinquency 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 defender' means an
     attorney who--
       ``(A) is continually licensed to practice law; and
       ``(B) is--
       ``(i) a full-time employee of a State or local agency who
     provides legal representation to indigent persons in criminal
     or juvenile delinquency cases (or both), including an
     attorney who supervises, educates, or trains other persons
     providing such representation;
       ``(ii) a full-time employee of a nonprofit organization
     operating under a contract with a State or unit of local
     government, who devotes substantially all of such full-time
     employment to providing legal representation to indigent
     persons in criminal or juvenile delinquency cases (or both),
     including an attorney who supervises, educates, or trains
     other persons providing such representation; or
       ``(iii) employed as a full-time Federal defender attorney
     in a defender organization established pursuant to subsection
     (g) of section 3006A of title 18, United States Code, that
     provides legal representation to indigent persons in criminal
     or juvenile delinquency 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 Education 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
     Direct Stafford Loan, a Federal Direct Unsubsidized 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, establish 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--
       ``(1) is employed as a prosecutor or public defender; 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 separated from
     employment on account of misconduct, or voluntarily separates
     from employment, before the end of the period specified in
     the agreement, the borrower will repay the Attorney General
     the amount of any benefits received by such employee under
     this section; and
       ``(C) if the borrower is required to repay an amount to the
     Attorney General under subparagraph (B) and fails to repay
     such amount, a sum equal to that amount shall be recoverable
     by the Federal Government from the employee (or such
     employee's estate, if applicable) by such methods as are
     provided by law for the recovery of amounts owed to the
     Federal Government.
       ``(2) Repayment by borrower.--
       ``(A) In general.--Any amount repaid by, or recovered from,
     an individual or the estate 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

[[Page H732]]

     sums in such account and shall be available for the same
     purposes and period, and subject 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 recovery 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 made
     subject to the availability of appropriations, 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 General 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 required period of
     service under an agreement under subsection (d), the borrower
     and the Attorney General may, subject to paragraph (2), enter
     into an additional agreement in accordance with subsection
     (d).
       ``(2) Term.--An agreement entered into under paragraph (1)
     may require the borrower to remain employed as a prosecutor
     or public defender for less than 3 years.
       ``(f) Award Basis; Priority.--
       ``(1) Award basis.--The Attorney General shall provide
     repayment benefits under this section--
       ``(A) subject to the availability of appropriations; and
       ``(B) in accordance with paragraph (2), except that the
     Attorney General shall determine a fair allocation of
     repayment benefits among prosecutors and defenders, and among
     employing entities nationwide.
       ``(2) Priority.--In providing repayment benefits under this
     section in any fiscal year, the Attorney General shall give
     priority to borrowers--
       ``(A) who, when compared to other eligible borrowers, have
     the least ability to repay their student loans (considering
     whether the borrower is the beneficiary of any other student
     loan repayment program), as determined by the Attorney
     General; or
       ``(B) who--
       ``(i) received repayment benefits under this section during
     the preceding fiscal year; and
       ``(ii) have completed less than 3 years of the first
     required period of service specified for the borrower in an
     agreement entered into under subsection (d).
       ``(g) Regulations.--The Attorney General is authorized to
     issue such regulations as may be necessary to carry out the
     provisions of this section.
       ``(h) Report by Inspector General.--Not later than 3 years
     after the date of the enactment of this section, the
     Inspector General of the Department of Justice shall submit
     to Congress a report on--
       ``(1) the cost of the program authorized under this
     section; and
       ``(2) the impact of such program on the hiring and
     retention of prosecutors and public defenders.
       ``(i) GAO Study.--Not later than one year after the date of
     the enactment of this section, the Comptroller General shall
     conduct a study of, and report to Congress on, the impact
     that law school accreditation requirements and other factors
     have on the costs of law school and student access to law
     school, including the impact of such requirements on racial
     and ethnic minorities.
       ``(j) Authorization of Appropriations.--There is authorized
     to be appropriated to carry out this section $25,000,000 for
     each of the fiscal years 2008 through 2013.''.

     SEC. 952. NATIONAL CENTER FOR CAMPUS PUBLIC SAFETY.

       (a) In General.--The Attorney General of the United States
     is authorized to make grants, through the Office of Community
     Oriented Policing Services, to establish and operate a
     National Center for Campus Public Safety (referred to in this
     section as the ``Center''). The Center shall--
       (1) provide quality education and training for campus
     public safety agencies and the agencies' collaborative
     partners, including campus mental health agencies;
       (2) foster quality research to strengthen the safety and
     security of the institutions of higher education in the
     United States;
       (3) serve as a clearinghouse for the identification and
     dissemination of information, policies, procedures, and best
     practices relevant to campus public safety, including the
     prevention of violence against persons and property and
     emergency response and evacuation procedures;
       (4) develop protocols, in conjunction with the Attorney
     General, the Secretary of Homeland Security, the Secretary of
     Education, State, local, and tribal governments and law
     enforcement agencies, private and nonprofit organizations and
     associations, and other stakeholders, to prevent, protect
     against, respond to, and recover from, natural and man-made
     emergencies or dangerous situations involving an immediate
     threat to the health or safety of the campus community;
       (5) promote the development and dissemination of effective
     behavioral threat assessment and management models to prevent
     campus violence;
       (6) coordinate campus safety information and resources
     available from the Department of Justice, the Department of
     Homeland Security, the Department of Education, State, local,
     and tribal governments and law enforcement agencies, and
     private and nonprofit organizations and associations;
       (7) increase cooperation, collaboration, and consistency in
     prevention, response, and problem-solving methods among law
     enforcement, mental health, and other agencies and
     jurisdictions serving institutions of higher education in the
     United States;
       (8) develop standardized formats and models for mutual aid
     agreements and memoranda of understanding between campus
     security agencies and other public safety organizations and
     mental health agencies; and
       (9) report annually to Congress and the Attorney General on
     activities performed by the Center during the previous 12
     months.
       (b) Coordination With Available Resources.--In establishing
     the Center, the Attorney General shall--
       (1) consult with the Secretary of Homeland Security, the
     Secretary of Education, and the Attorneys General of each
     State; and
       (2) coordinate the establishment and operation of the
     Center with campus public safety resources that may already
     be available within the Department of Homeland Security and
     the Department of Education.
       (c) Definition of Institution of Higher Education.--In this
     section, the term ``institution of higher education'' has the
     meaning given the term in section 101 of the Higher Education
     Act of 1965 (20 U.S.C. 1001).
       (d) Authorization of Appropriations.--There are authorized
     to be appropriated to carry out this section $2,750,000 for
     each of the fiscal years 2008 and 2009 and such sums as may
     be necessary thereafter.

     SEC. 953. PRIVATE LOAN FORGIVENESS.

       Section 209 of title 18, United States Code, is amended by
     adding at the end the following new subsection:
       ``(i) This section does not prohibit--
       ``(1) a public or private institution of higher education
     from providing an officer or employee of the executive branch
     of the United States Government, of any independent agency of
     the United States, or of the District of Columbia who is a
     current or former student of such institution, financial
     assistance for the purpose of repaying a student loan or
     providing forbearance of student loan repayment: Provided,
     that such repaying or providing forbearance--
       ``(A) is not provided exclusively to officers and employees
     of the executive branch of the United States Government, of
     any independent agency of the United States, and of the
     District of Columbia; and
       ``(B) is provided to any such officer or employee--
       ``(i) in accordance with a written, published policy of the
     institution relating to repaying or providing forbearance,
     respectively, for students who perform public service; and
       ``(ii) under the same terms and conditions as are available
     under such policy to other students of the institution who
     are performing public service and who qualify for such
     repayment or forbearance; and
       ``(2) an officer or employee of the executive branch of the
     United States Government, of any independent agency of the
     United States, or of the District of Columbia from receiving
     repayment or forbearance permitted under paragraph (1).''.

       PART E--STEVENSON-WYDLER TECHNOLOGY INNOVATION ACT OF 1980

     SEC. 961. ESTABLISHMENT OF PROGRAM.

       Section 5 of the Stevenson-Wydler Technology Innovation Act
     of 1980 (15 U.S.C. 3704) is amended by inserting the
     following after subsection (b):
       ``(c) Minority Serving Institution Digital and Wireless
     Technology Opportunity Program.--
       ``(1) In general.--The Secretary shall establish a Minority
     Serving Institution Digital and Wireless Technology
     Opportunity Program to assist eligible institutions in
     acquiring, and augmenting their use of, digital and wireless
     networking technologies to improve the quality and delivery
     of educational services at eligible institutions.
       ``(2) Authorized activities.--An eligible institution may
     use a grant, cooperative agreement, or contract awarded under
     this subsection--
       ``(A) to acquire equipment, instrumentation, networking
     capability, hardware and software, digital network
     technology, wireless technology, and infrastructure to
     further the objective of the Program described in paragraph
     (1);
       ``(B) to develop and provide training, education, and
     professional development programs, including faculty
     development, to increase the use of, and usefulness of,
     digital and wireless networking technology;
       ``(C) to provide teacher education, including the provision
     of preservice teacher training and in-service professional
     development at eligible institutions, library and media
     specialist training, and preschool and teacher aid
     certification to individuals who seek to acquire or enhance
     technology skills in order to use digital and wireless
     networking technology in the classroom or instructional
     process, including instruction in science, mathematics,
     engineering, and technology subjects;
       ``(D) to obtain capacity-building technical assistance,
     including through remote technical support, technical
     assistance workshops, and distance learning services; and
       ``(E) to foster the use of digital and wireless networking
     technology to improve research and education, including
     scientific, mathematics, engineering, and technology
     instruction.

[[Page H733]]

       ``(3) Application and review procedures.--
       ``(A) In general.--To be eligible to receive a grant,
     cooperative agreement, or contract under this subsection, an
     eligible institution shall submit an application to the
     Secretary at such time, in such manner, and containing such
     information as the Secretary may require. Such application,
     at a minimum, shall include a description of how the funds
     will be used, including a description of any digital and
     wireless networking technology to be acquired, and a
     description of how the institution will ensure that digital
     and wireless networking will be made accessible to, and
     employed by, students, faculty, and administrators. The
     Secretary, consistent with subparagraph (C) and in
     consultation with the advisory council established under
     subparagraph (B), shall establish procedures to review such
     applications. The Secretary shall publish the application
     requirements and review criteria in the Federal Register,
     along with a statement describing the availability of funds.
       ``(B) Advisory council.--The Secretary shall establish an
     advisory council to advise the Secretary on the best
     approaches to encourage maximum participation by eligible
     institutions in the program established under paragraph (1),
     and on the procedures to review proposals submitted to the
     program. In selecting the members of the advisory council,
     the Secretary shall consult with representatives of
     appropriate organizations, including representatives of
     eligible institutions, to ensure that the membership of the
     advisory council includes representatives of minority
     businesses and eligible institution communities. The
     Secretary shall also consult with experts in digital and
     wireless networking technology to ensure that such expertise
     is represented on the advisory council.
       ``(C) Review panels.--Each application submitted under this
     subsection by an eligible institution shall be reviewed by a
     panel of individuals selected by the Secretary to judge the
     quality and merit of the proposal, including the extent to
     which the eligible institution can effectively and
     successfully utilize the proposed grant, cooperative
     agreement, or contract to carry out the program described in
     paragraph (1). The Secretary shall ensure that the review
     panels include representatives of minority serving
     institutions and others who are knowledgeable about eligible
     institutions and technology issues. The Secretary shall
     ensure that no individual assigned under this subsection to
     review any application has a conflict of interest with regard
     to that application. The Secretary shall take into
     consideration the recommendations of the review panel in
     determining whether to award a grant, cooperative agreement,
     or contract to an eligible institution.
       ``(D) Information dissemination.--The Secretary shall
     convene an annual meeting of eligible institutions receiving
     grants, cooperative agreements, or contracts under this
     subsection to foster collaboration and capacity-building
     activities among eligible institutions.
       ``(E) Matching requirement.--The Secretary may not award a
     grant, cooperative agreement, or contract to an eligible
     institution under this subsection unless such institution
     agrees that, with respect to the costs incurred by the
     institution in carrying out the program for which the grant,
     cooperative agreement, or contract was awarded, such
     institution shall make available, directly, or through
     donations from public or private entities, non-Federal
     contributions in an amount equal to one-quarter of the grant,
     cooperative agreement, or contract awarded by the Secretary,
     or $500,000, whichever is the lesser amount. The Secretary
     shall waive the matching requirement for any institution or
     consortium with no endowment, or an endowment that has a
     current dollar value lower than $50,000,000.
       ``(F) Awards.--
       ``(i) Limitation.--An eligible institution that receives a
     grant, cooperative agreement, or contract under this
     subsection that exceeds $2,500,000 shall not be eligible to
     receive another grant, cooperative agreement, or contract.
       ``(ii) Consortia.--Grants, cooperative agreements, and
     contracts may only be awarded to eligible institutions.
     Eligible institutions may seek funding under this subsection
     for consortia which may include other eligible institutions,
     a State or a State education agency, local education
     agencies, institutions of higher education, community-based
     organizations, national nonprofit organizations, or
     businesses, including minority businesses.
       ``(iii) Planning grants.--The Secretary may provide funds
     to develop strategic plans to implement such grants,
     cooperative agreements, or contracts.
       ``(iv) Institutional diversity.--In awarding grants,
     cooperative agreements, and contracts to eligible
     institutions, the Secretary shall ensure, to the extent
     practicable, that awards are made to all types of
     institutions eligible for assistance under this subsection.
       ``(v) Need.--In awarding funds under this subsection, the
     Secretary shall give priority to the institution with the
     greatest demonstrated need for assistance.
       ``(G) Annual report and evaluation.--
       ``(i) Annual report required from recipients.--Each
     institution that receives a grant, cooperative agreement, or
     contract awarded under this subsection shall provide an
     annual report to the Secretary on its use of the grant,
     cooperative agreement, or contract.
       ``(ii) Independent assessment.--Not later than 6 months
     after the date of enactment of this subsection, the Secretary
     shall enter into a contract with the National Academy of
     Public Administration to conduct periodic assessments of the
     program. The Assessments shall be conducted once every 3
     years during the 10-year period following the enactment of
     this subsection. The assessments shall include an evaluation
     of the effectiveness of the program in improving the
     education and training of students, faculty and staff at
     eligible institutions that have been awarded grants,
     cooperative agreements, or contracts under the program; an
     evaluation of the effectiveness of the program in improving
     access to, and familiarity with, digital and wireless
     networking technology for students, faculty, and staff at all
     eligible institutions; an evaluation of the procedures
     established under paragraph (3)(A); and recommendations for
     improving the program, including recommendations concerning
     the continuing need for Federal support. In carrying out its
     assessments, the National Academy of Public Administration
     shall review the reports submitted to the Secretary under
     clause (i).
       ``(iii) Report to congress.--Upon completion of each
     independent assessment carried out under clause (ii), the
     Secretary shall transmit the assessment to Congress along
     with a summary of the Secretary's plans, if any, to implement
     the recommendations of the National Academy of Public
     Administration.
       ``(H) Definitions.--In this subsection:
       ``(i) Digital and wireless networking technology.--The term
     `digital and wireless networking technology' means computer
     and communications equipment and software that facilitates
     the transmission of information in a digital format.
       ``(ii) Eligible institution.--The term `eligible
     institution' means an institution that is--

       ``(I) a historically Black college or university that is a
     part B institution, as defined in section 322(2) of the
     Higher Education Act of 1965 (20 U.S.C. 1061(2)), an
     institution described in section 326(e)(1)(A), (B), or (C) of
     that Act (20 U.S.C. 1063b(e)(1)(A), (B), or (C)), or a
     consortium of institutions described in this subparagraph;
       ``(II) a Hispanic-serving institution, as defined in
     section 502(a)(5) of the Higher Education Act of 1965 (20
     U.S.C. 1101a(a)(5));
       ``(III) a tribally controlled college or university, as
     defined in section 316(b)(3) of the Higher Education Act of
     1965 (20 U.S.C. 1059c(b)(3));
       ``(IV) an Alaska Native-serving institution under section
     317(b) of the Higher Education Act of 1965 (20 U.S.C.
     1059d(b));
       ``(V) a Native Hawaiian-serving institution under section
     317(b) of the Higher Education Act of 1965 (20 U.S.C.
     1059d(b)); or
       ``(VI) an institution of higher education (as defined in
     section 365 of the Higher Education Act of 1965 (20 U.S.C.
     1067k)) with an enrollment of needy students (as defined in
     section 312(d) of the Higher Education Act of 1965 (20 U.S.C.
     1058(d))).

       ``(iii) Institution of higher education.--The term
     `institution of higher education' has the meaning given the
     term in section 101 of the Higher Education Act of 1965 (20
     U.S.C. 1001).
       ``(iv) Local educational agency.--The term `local
     educational agency' has the meaning given the term in section
     9101 of the Elementary and Secondary Education Act of 1965
     (20 U.S.C. 7801).
       ``(v) Minority business.--The term `minority business'
     includes HUBZone small business concerns (as defined in
     section 3(p) of the Small Business Act (15 U.S.C. 632(p))).
       ``(vi) Minority individual.--The term `minority individual'
     means an American Indian, Alaskan Native, Black (not of
     Hispanic origin), Hispanic (including persons of Mexican,
     Puerto Rican, Cuban and Central or South American origin), or
     Pacific Islander individual.
       ``(vii) State.--The term `State' has the meaning given the
     term in section 9101 of the Elementary and Secondary
     Education Act of 1965 (20 U.S.C. 7801).
       ``(viii) State educational agency.--The term `State
     educational agency' has the meaning given the term in section
     9101 of the Elementary and Secondary Education Act of 1965
     (20 U.S.C. 7801).''.

     SEC. 962. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated to the Secretary of
     Commerce to carry out section 5(c) of the Stevenson-Wydler
     Technology Innovation Act of 1980--
       (1) $250,000,000 for fiscal year 2008; and
       (2) such sums as may be necessary for each of the fiscal
     years 2009 through 2012.

       TITLE X--PRIVATE STUDENT LOAN TRANSPARENCY AND IMPROVEMENT

     SEC. 1001. SHORT TITLE.

       This title may be cited as the ``Private Student Loan
     Transparency and Improvement Act of 2007''.

     SEC. 1002. DEFINITIONS.

       As used in this title--
       (1) the term ``Board'' means the Board of Governors of the
     Federal Reserve System;
       (2) the term ``covered educational institution''--
       (A) means any educational institution that offers a
     postsecondary educational degree, certificate, or program of
     study (including any institution of higher education); and
       (B) includes an agent or employee of the educational
     institution;
       (3) the terms ``Federal banking agencies'' and
     ``appropriate Federal banking agency'' have the same meanings
     as in section 3 of the Federal Deposit Insurance Act (12
     U.S.C. 1813);
       (4) the term ``institution of higher education'' has the
     same meaning as in section 102 of the Higher Education Act of
     1965 (20 U.S.C. 1002);
       (5) the term ``postsecondary educational expenses'' means
     any of the expenses that are included as part of the cost of
     attendance of a student, as defined under section 472 of the
     Higher Education Act of 1965 (20 U.S.C. 1087ll);
       (6) the term ``private educational lender'' means any
     creditor (as defined in section 103 of the Truth in Lending
     Act) which solicits, makes, or extends private educational
     loans; and
       (7) the term ``private educational loan''--
       (A) means a loan provided by a private educational lender
     that--
       (i) is not made, insured, or guaranteed under part B of
     title IV of the Higher Education Act of 1965 (20 U.S.C. 1070
     et seq.); and

[[Page H734]]

       (ii) is issued by a private educational lender expressly
     for postsecondary educational expenses to a student, or the
     parent of the student, regardless of whether the loan
     involves enrollment certification by the educational
     institution that the student attends, or whether the loan is
     provided through the educational institution that the subject
     student attends or directly to the borrower from the lender;
     and
       (B) does not include an extension of credit under an open
     end consumer credit plan, a residential mortgage transaction
     (as those terms are defined in section 103 of the Truth in
     Lending Act), or any other loan that is secured by real
     property or a dwelling.

     SEC. 1003. REGULATIONS.

       The Board shall issue final regulations to implement this
     title and the amendments made by this title not later than
     180 days after the date of enactment of this title.

     SEC. 1004. EFFECTIVE DATES.

       This title and the amendments made by this title shall
     become effective 180 days after the date on which regulations
     to carry out this title and the amendments made by this title
     are issued in final form.

Subtitle A--Preventing Unfair and Deceptive Private Educational Lending
            Practices and Eliminating Conflicts of Interest

     SEC. 1011. AMENDMENT TO THE TRUTH IN LENDING ACT.

       (a) In General.--Chapter 2 of the Truth in Lending Act (15
     U.S.C. 1631 et seq.) is amended by adding at the end the
     following new section:

     ``Sec. 140. Preventing unfair and deceptive private
       educational lending practices and eliminating conflicts of
       interest

       ``(a) Definitions.--For purposes of this section, the
     following definitions shall apply:
       ``(1) Covered educational institution.--The term `covered
     educational institution'--
       ``(A) means any educational institution that offers a
     postsecondary educational degree, certificate, or program of
     study (including any institution of higher education); and
       ``(B) includes an agent or employee of the educational
     institution.
       ``(2) Gift.--The term `gift'--
       ``(A) means any gratuity, favor, discount, entertainment,
     hospitality, loan, or other item having a monetary value of
     more than a de minimis amount, including a gift of services,
     transportation, lodging, or meals, whether provided in kind,
     by purchase of a ticket, payment in advance, or reimbursement
     after the expense has been incurred;
       ``(B) does not include--
       ``(i) standard informational material related to a loan or
     financial literacy (such as a brochure);
       ``(ii) food, refreshments, training, or informational
     material furnished to an employee or agent of a covered
     educational institution, as an integral part of a training
     session that is designed to improve the service of the
     private educational lender to the covered educational
     institution, if such training contributes to the professional
     development of the employee or agent of the covered
     educational institution; or
       ``(iii) favorable terms, conditions, and borrower benefits
     on an educational loan provided to a student employed by the
     covered educational institution if such terms, conditions, or
     benefits are comparable to those provided to all students of
     the institution; and
       ``(C) includes a gift to a family member of an officer,
     employee, or agent of a covered institution, or a gift to any
     other individual based on that individual's relationship with
     the officer, employee, or agent, if--
       ``(i) the gift is given with the knowledge and acquiescence
     of the officer, employee, or agent; and
       ``(ii) the officer, employee, or agent has reason to
     believe the gift was given because of the official position
     of the officer, employee, or agent.
       ``(3) Institution of higher education.--the term
     `institution of higher education' has the same meaning as in
     section 102 of the Higher Education Act of 1965 (20 U.S.C.
     1002).
       ``(4) Postsecondary educational expense.--The term
     `postsecondary educational expenses' means any of the
     expenses that are included as part of the cost of attendance
     of a student, as defined 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 guaranteed 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 educational expenses to a student, or the
     parent of the student, regardless of whether the loan
     involves enrollment certification by the educational
     institution that the student attends, or whether the loan is
     provided through the educational institution that the subject
     student attends or directly to the borrower from the lender;
     and
       ``(B) does not include an extension of credit under an open
     end consumer credit plan, a residential mortgage transaction,
     or any other loan that is secured by real property or a
     dwelling.
       ``(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, including profit or revenue sharing,
     to the covered educational institution or to the officers,
     employees, or agents of the covered educational institution
     in connection with the private educational loans provided to
     students attending the covered educational institution or a
     borrower acting on behalf of a student.
       ``(b) Prohibition on Certain Gifts and Arrangements.--A
     private educational lender, including any officer or employee
     thereof, may not, directly or indirectly--
       ``(1) offer or provide any gift to a covered educational
     institution or a covered educational institution employee,
     nor may such covered educational institution, officer, or
     employee receive any such gift, in exchange for any advantage
     or consideration provided to such private educational lender
     related to its private educational loan activities; or
       ``(2) engage in revenue sharing with a covered educational
     institution.
       ``(c) Prohibition on Co-Branding.--A private educational
     lender may not use the name, emblem, mascot, or logo of the
     covered educational institution, or other words, pictures, or
     symbols readily identified with the covered educational
     institution, in the marketing of private educational loans in
     any way that implies that the covered educational institution
     endorses the private educational loans offered by the lender.
       ``(d) Ban on Participation on Advisory Councils.--
       ``(1) In general.--An officer, employee, or agent who is
     employed in the financial aid office of a covered
     institution, or who otherwise has responsibilities with
     respect to private educational loans, shall not serve on or
     otherwise participate with advisory councils of private
     educational lenders or affiliates of such lenders.
       ``(2) Rules of construction.--No provision of this
     subsection shall be construed as--
       ``(A) prohibiting private educational lenders from seeking
     advice from covered institutions or groups of covered
     institutions (including through telephonic or electronic
     means, or a meeting) in order to improve products and
     services for borrowers, to the extent that no gifts or
     compensation (including for transportation, lodging, or
     related expenses) are provided by private educational lenders
     in connection with seeking this advice from such
     institutions; or
       ``(B) prohibiting an employee, officer, or agent of a
     covered institution from serving on the board of directors of
     a private educational lender, if required by State law.
       ``(e) Prohibition on Prepayment or Repayment Fees or
     Penalty.--It shall be unlawful for any private educational
     lender to impose a fee or penalty on a borrower, directly or
     indirectly, for early repayment or prepayment, of any private
     educational loan.''.
       (b) Clerical Amendment.--The table of sections for chapter
     2 of the Truth in Lending Act is amended by inserting after
     the item relating to section 139 the following new item:

``140. Preventing unfair and deceptive private educational lending
              practices and eliminating conflicts of interest.''.

     SEC. 1012. CIVIL LIABILITY.

       Section 130 of the Truth in Lending Act (15 U.S.C. 1640) is
     amended--
       (1) in subsection (a)--
       (A) in paragraph (3), by inserting ``or section 128(e)(8)''
     after ``section 125''; and
       (B) in the fourth sentence of the undesignated matter at
     the end--
       (i) by striking ``125 or'' and inserting ``125,''; and
       (ii) by inserting ``or of section 128(e),'' before ``or for
     failing''; and
       (2) in subsection (e), by inserting before the first
     period, the following: ``or, in the case of a violation
     involving a private educational loan, 1 year from the date on
     which the first regular payment of principal is due under the
     loan''.

     Subtitle B--Improved Disclosures for Private Educational Loans

     SEC. 1021. PRIVATE EDUCATIONAL LOAN DISCLOSURES AND
                   LIMITATIONS.

       Section 128 of the Truth in Lending Act (15 U.S.C. 1638) is
     amended by adding at the end the following new subsection:
       ``(e) Terms and Disclosure With Respect to Private
     Educational Loans.--
       ``(1) Disclosures required in private educational loan
     applications and solicitations.--In any application for a
     private educational loan, or a solicitation for a private
     educational loan without requiring an application, the
     creditor shall disclose to the borrower, clearly and
     conspicuously--
       ``(A) the potential range of rates of interest applicable
     to the private educational loan;
       ``(B) whether the rate of interest applicable to the
     private educational loan is fixed or variable;
       ``(C) limitations on interest rate adjustments, both in
     terms of frequency and amount, or the lack thereof;
       ``(D) requirements for a co-borrower, including any changes
     in the applicable interest rates without a co-borrower;
       ``(E) potential finance charges, late fees, penalties, and
     adjustments to principal, based on defaults or late payments
     of the borrower;
       ``(F) fees or range of fees applicable to the private
     educational loan;
       ``(G) the term of the private educational loan;
       ``(H) whether interest will accrue while the student to
     whom the private educational loan relates is enrolled at an
     institution of higher education;
       ``(I) payment deferral options, including whether the
     deferment would apply to interest or principal, or both;
       ``(J) general eligibility criteria for the private
     educational loan;
       ``(K) an example of the total cost of the private
     educational loan over the life of the loan--

[[Page H735]]

       ``(i) which shall be calculated using the principal amount
     and the maximum rate of interest actually offered by the
     creditor; and
       ``(ii) calculated both with and without capitalization of
     interest, if that is an option for postponing interest
     payments;
       ``(L) a statement that an institution of higher education
     may have school-specific educational loan benefits and terms
     not detailed on the disclosure form;
       ``(M) that the borrower may qualify for Federal financial
     assistance through a program under title IV of the Higher
     Education Act of 1965, in lieu of, or in addition to, a loan
     from a non-Federal source;
       ``(N) the interest rates available with respect to such
     Federal financial assistance through a program under title IV
     of the Higher Education Act of 1965;
       ``(O) that the consumer may obtain additional information
     concerning such Federal financial assistance from their
     institution of higher education or at the website of the
     Department of Education;
       ``(P) that, as provided in paragraph (6)--
       ``(i) the borrower shall have up to 30 calendar days
     following the date on which the application for the private
     educational loan is approved and the borrower receives the
     disclosure documents required under this subsection for the
     loan to accept the terms of the private educational loan and
     consummate the transaction; and
       ``(ii) except for changes based on adjustments to the index
     used for a loan, the rates and terms of the loan may not be
     changed by the creditor during that 30-day period; and
       ``(Q) such other information as the Board shall prescribe,
     by rule, as necessary or appropriate for consumers to make
     informed borrowing decisions.
       ``(2) Written acknowledgment of receipt.--In each case in
     which a disclosure is provided pursuant to paragraph (1) and
     an application initiated, a creditor shall obtain a written
     acknowledgment from the consumer that the consumer has read
     and understood the disclosure.
       ``(3) Disclosures at the time of private educational loan
     approval.--Subject to the rules of the Board,
     contemporaneously with the approval 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 effect on the date
     of approval;
       ``(B) whether the rate of interest applicable to the
     private educational loan is fixed or variable;
       ``(C) limitations on interest rate adjustments, 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 possible rate of interest actually offered by
     the creditor, to the extent that such maximum rate may be
     determined, or if not, a good faith estimate thereof;
       ``(H) any principal and interest payments required while
     the student to whom the private educational loan relates is
     enrolled at an institution of higher education and interest
     which will accrue during such enrollment;
       ``(I) payment deferral options, including whether the
     deferment would apply to interest or principal, or both;
       ``(J) whether monthly payments are graduated;
       ``(K) that, as provided in paragraph (7)--
       ``(i) the borrower shall have up to 30 calendar days
     following the date on which the application for the private
     educational loan is approved and the borrower receives the
     disclosure documents required under this subsection for the
     loan to accept the terms of the private educational loan and
     consummate the transaction; and
       ``(ii) except for changes based on adjustments to the index
     used for a loan, the rates and terms of the loan may not be
     changed by the creditor during that 30-day period;
       ``(L) that the borrower may qualify for Federal financial
     assistance through a program under title IV of the Higher
     Education Act of 1965, in lieu of, or in addition to, a loan
     from a non-Federal source;
       ``(M) the interest rates available with respect to such
     Federal financial assistance through a program under title IV
     of the Higher Education Act of 1965;
       ``(N) the maximum monthly payment, calculated using the
     maximum rate of interest actually offered by the creditor, to
     the extent that such maximum rate may be determined, or if
     not, a good faith estimate thereof; and
       ``(O) such other information as the Board shall prescribe,
     by rule, as necessary or appropriate for consumers to make
     informed borrowing decisions.
       ``(4) Provision of information.--Before a creditor may
     issue any funds with respect to an extension of credit
     described in paragraph (1) for an amount equal to more than
     $1,000, the creditor shall notify the relevant institution of
     higher education, in writing, of the proposed extension of
     credit and the amount thereof.
       ``(5) Disclosures at the time of private educational loan
     consummation.--Subject to the regulations prescribed by the
     Board, contemporaneously with the consummation of a private
     educational loan, the creditor shall make each of the
     disclosures described in subparagraphs (A) through (J) and
     (L) through (O) of paragraph (3) to the borrower.
       ``(6) Format of disclosures.--Disclosures required under
     paragraphs (1), (3), and (5) shall appear in a clearly
     legible, uniform format, subject to section 122(c).
       ``(7) Effective period of approved rate of interest and
     loan terms.--
       ``(A) In general.--With respect to a private educational
     loan, the borrower shall have the right to accept the terms
     of the loan and consummate the transaction at any time within
     30 calendar days following the date on which the application
     for the private educational loan is approved and the borrower
     receives the disclosure documents required under this
     subsection for the loan, and the rates and terms of the loan
     may not be changed by the creditor during that period,
     subject to the rules of the Board.
       ``(B) Prohibition on changes.--Except for changes based on
     adjustments to the index used for a loan, the rates and terms
     of the loan may not be changed by the creditor prior to the
     earlier of--
       ``(i) the date of acceptance of the terms of the loan and
     consummation of the transaction by the borrower, as described
     in subparagraph (A); or
       ``(ii) the expiration of the 30-day period referred to in
     subparagraph (A).
       ``(C) Prohibition on disbursement.--No funds may be
     disbursed with respect to a private educational loan until
     acceptance of the loan by the borrower under subparagraph (A)
     and the expiration of the 3-day period under paragraph (7).
       ``(8) Right to cancel.--With respect to a private
     educational loan, the borrower may cancel the loan, without
     penalty to the borrower, at any time within 3 business days
     of the date on which the loan is consummated, subject to the
     rules of the Board. No funds may be transferred to the
     borrower during that 3-day period.
       ``(9) Definitions.--For purposes of this subsection, the
     following definitions shall apply:
       ``(A) Institution of higher education.--The term
     `institution of higher education' has the same meaning as in
     section 102 of the Higher Education Act of 1965 (20 U.S.C.
     1002).
       ``(B) Private educational lender.--The term `private
     educational lender' means any creditor engaged in the
     business of soliciting, making, or extending private
     educational loans.
       ``(C) Private educational loan.--The term `private
     educational loan'--
       ``(i) means a loan provided by a private educational lender
     that--

       ``(I) is not made, insured, or guaranteed 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 educational expenses to a student, or the
     parent of the student, regardless of whether the loan
     involves enrollment certification by the educational
     institution that the student attends, or whether the loan is
     provided through the educational institution that the subject
     student attends or directly to the borrower from the lender;
     and

       ``(ii) does not include an extension of credit under an
     open end consumer credit plan, a reverse mortgage
     transaction, a residential mortgage transaction, or any other
     loan that is secured by real property or a dwelling.''.

     SEC. 1022. APPLICATION OF TRUTH IN LENDING ACT TO ALL PRIVATE
                   EDUCATIONAL LOANS.

       Section 104(3) of the Truth in Lending Act (15 U.S.C.
     1603(3)) is amended by inserting ``and other than private
     educational loans (as that term is defined in section
     140(a))'' after ``consumer''.

                     Subtitle C--Financial Literacy

     SEC. 1031. COORDINATED EDUCATION EFFORTS.

       (a) In General.--The Secretary of the Treasury (in this
     section referred to as the ``Secretary''), in coordination
     with the Secretary of Education, the Secretary of Agriculture
     (with respect to land grant covered educational
     institutions), and any other appropriate agency that is a
     member of the Financial Literacy and Education Commission
     established under the Financial Literacy and Education
     Improvement Act (20 U.S.C. 9701 et seq.), shall seek to
     enhance financial literacy among students at institutions of
     higher education through--
       (1) the development of initiatives, programs, and curricula
     that improve student awareness of the short- and long-term
     costs associated with educational loans and other debt
     assumed while in college, their repayment obligations, and
     their rights as borrowers; and
       (2) assisting such students in navigating the financial aid
     process.
       (b) Duties.--For purposes of this section, the Secretary,
     working in conjunction with the Secretary of Education, the
     Secretary of Agriculture, and the Financial Literacy and
     Education Commission, shall--
       (1) identify programs that promote or enhance financial
     literacy for college students, with specific emphasis on
     programs that impart the knowledge and ability for students
     to best navigate the financial aid process, including those
     that involve partnerships between nonprofit organizations,
     colleges and universities, State and local governments, and
     student organizations;
       (2) evaluate the effectiveness of such programs in terms of
     measured results, including positive behavioral change among
     college students;
       (3) promote the programs identified as being the most
     effective; and
       (4) encourage institutions of higher education to implement
     financial education programs for their students, including
     those that have the highest evaluations.
       (c) Report.--
       (1) In general.--Not later than 2 years after the date of
     enactment of this title, the Financial Literacy and Education
     Commission shall submit a report to Congress on the state of
     financial education among students at institutions of higher
     education.
       (2) Content.--The report required by this subsection shall
     include a description of

[[Page H736]]

     progress made in enhancing financial education with respect
     to student understanding of financial aid, including the
     programs and evaluations required by this section.
       (3) Appearance before congress.--The Secretary shall, upon
     request, provide testimony before the Committee on Banking,
     Housing, and Urban Affairs of the Senate concerning the
     report required by this subsection.

       Subtitle D--Study and Report on Nonindividual Information

     SEC. 1041. STUDY AND REPORT ON NONINDIVIDUAL INFORMATION.

       (a) Study.--The Comptroller General of the United States
     (in this section referred to as the ``Comptroller'') conduct
     a study--
       (1) on the impact on and benefits to borrowers of the
     inclusion of nonindividual factors, including cohort default
     rate, accreditation, and graduation rate at institutions of
     higher education, used in the underwriting criteria to
     determine the pricing of private educational loans;
       (2) to examine whether and to what extent the inclusion of
     such nonindividual factors--
       (A) increases access to private educational loans for
     borrowers who lack credit history or results in less
     favorable rates for such borrowers; and
       (B) impacts the types of private educational loan products
     and rates available at certain institutions of higher
     education, including a comparison of such impact--
       (i) on private and public institutions; and
       (ii) on historically Black colleges and universities
     (defined for purposes of this section as a ``part B
     institution'', within the meaning of section 322 of the
     Higher Education Act of 1965 (20 U.S.C. 1061)) and other
     colleges and universities; and
       (3) to assess the extent to which the use of such
     nonindividual factors in underwriting may have a disparate
     impact on the pricing of private educational loans, based on
     gender, race, income level, and institution of higher
     education.
       (b) Report.--Not later than 1 year after the date of
     enactment of this title, the Comptroller shall submit a
     report to Congress on the results of the study required by
     this section.

         Subtitle E--Incentives For Low-Cost Educational Loans

     SEC. 1051. CRA CREDIT FOR LOW-COST EDUCATIONAL LOANS.

       Section 804 of the Community Reinvestment Act of 1977 (12
     U.S.C. 2903) is amended by adding at the end the following
     new subsection:
       ``(d) Low-Cost Educational Loans.--In assessing and taking
     into account, under subsection (a), the record of a financial
     institution, the appropriate Federal financial supervisory
     agency shall consider, as a factor, low-cost educational
     loans provided by the financial institution to low-income
     borrowers.''.
  The CHAIRMAN. No amendment to the committee amendment is in order
except those printed in House Report 110-523 and amendments en bloc
described in section 3 of House Resolution 956. Each amendment shall be
considered only in the order printed in the report; by a Member
designated in the report; shall be considered read; shall be debatable
for the time specified in the report, equally divided and controlled by
the proponent and an opponent of the amendment; shall not be subject to
amendment; and shall not be subject to a demand for division of the
question.
  It shall be in order at any time for the chairman of the Committee on
Education and Labor or his designee to offer amendments en bloc
consisting of amendments printed in the report not earlier disposed of.
Amendments en bloc shall be considered read; shall be debatable for 10
minutes, equally divided and controlled by the chairman and ranking
minority member or their designees; shall not be subject to amendment;
and shall not be subject to a demand for division of the question.
  The original proponent of an amendment included in amendments en bloc
shall insert may insert a statement in the Congressional Record
immediately before disposition of the amendments en bloc.


       Amendment No. 1 Offered by Mr. George Miller of California

  The CHAIRMAN. It is now in order to consider amendment No. 1 printed
in House Report 110-523.
  Mr. GEORGE MILLER of California. Mr. Chairman, I offer an amendment.
  The CHAIRMAN. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Amendment No. 1 offered by Mr. George Miller of California:
       Page 12, after line 16, insert the following new paragraph
     (and redesignate the succeeding paragraphs accordingly):
       (1) in subsection (a)(1), by inserting before the semicolon
     the following: ``, or persons who meet the requirements of
     section 484(d)(3)'';
       Page 15, line 2, strike ``and eligible'' and insert ``or
     eligible''.
       Page 17, line 23, strike ``1988))'' and insert ``1988)); as
     updated by the Secretary from time to time and published in
     the Federal Register,''.
       Page 18, after line 3, insert the following new paragraph
     (and redesignate the succeeding paragraphs accordingly):
       ``(19) Disconnected students.--The term `disconnected
     students' means students who are--
       ``(A) homeless children and youths, as such term is defined
     in section 725 of the McKinney-Vento Homeless Assistance Act
     (42 U.S.C. 11434a);
       ``(B) orphans, in foster care, or wards of the court, or
     who were in foster care or were wards of the court until the
     students reached the age of 16;
       ``(C) adjudicated or convicted juveniles, or who were
     adjudicated juveniles until the juveniles reached the upper
     age of juvenile court jurisdiction, or who were convicted
     juveniles who completed the sentence for the juvenile
     conviction prior to reaching the age of majority; or
       ``(D) pregnant or parenting youth.
       Page 37, beginning on line 22, strike ``The Secretary'' and
     insert ``Not later than 90 days after the Secretary receives
     the information required under paragraph (2), the
     Secretary''.
       Page 39, beginning on line 7, strike subsection (a) and
     insert the following:
       ``(a) Maintenance of Effort Required.--A State shall
     provide--
       ``(1) for public institutions of higher education in such
     State for any academic year beginning on or after July 1,
     2008, an amount which is equal to or greater than the average
     amount provided for non-capital and non-direct research and
     development expenses or costs by such State to such
     institutions of higher education during the 5 most recent
     preceding academic years for which satisfactory data are
     available; and
       ``(2) for private institutions of higher education in such
     State for any academic year beginning on or after July 1,
     2008, an amount which is equal to or greater than the average
     amount provided for student financial aid for paying costs
     associated with postsecondary education by such State to such
     institutions during the 5 most recent preceding academic
     years for which satisfactory data are available.
       Page 39, line 23, after ``precipitous'' insert ``and
     unforeseen''.
       Page 41, beginning on line 1, strike section 109 through
     page 54, line 24, and insert the following:

     SEC. 109. TRANSPARENCY IN COLLEGE TUITION FOR CONSUMERS.

       (a) Amendment to Title I.--Part C of title I (20 U.S.C.
     1015) is amended by adding after section 132 (as added by
     section 108 of this Act) the following new section:

     ``SEC. 133. TRANSPARENCY IN COLLEGE TUITION FOR CONSUMERS.

       ``(a) College Affordability and Transparency Lists.--
     Effective July 1, 2011, the Secretary shall annually update
     and make publicly available on the College Navigator website,
     in a manner that is sortable by State, the following lists:
       ``(1) A list of the top 5 percent of the institutions in
     each category (as defined by subsection (b)) that have the
     highest tuition and fees.
       ``(2) A list of the top 5 percent of the institutions in
     each such category that have the lowest tuition and fees.
       ``(3) A list of the top 5 percent of the institutions in
     each such category that have the largest increase, expressed
     as a percentage change, in their tuition and fees over the
     most recent three year period for which satisfactory data is
     available.
       ``(b) Categories of Institutions.--The following categories
     shall be used in compiling the information in subsection (a):
       ``(1) 4-year public institutions of higher education.
       ``(2) 4-year private, nonprofit institutions of higher
     education.
       ``(3) 4-year private, for-profit institutions of higher
     education.
       ``(4) 2-year public institutions of higher education.
       ``(5) 2-year private, nonprofit institutions of higher
     education.
       ``(6) 2-year private, for-profit institutions of higher
     education.
       ``(7) Less than 2-year public institutions of higher
     education.
       ``(8) Less than 2-year private, nonprofit institutions of
     higher education.
       ``(9) Less than 2-year private, for-profit institutions of
     higher education.
       ``(10) All types of institutions described in paragraphs
     (1) through (9).
       ``(c) Institution Reports.--If an institution of higher
     education appears on the list described in subsection (a)(3),
     the institution or a representative association designated by
     the institution shall submit to the Secretary the following
     information:
       ``(1) A description of the factors contributing to the
     increase in the institution's tuition and fees, including an
     identification of the major areas in the institution's budget
     with the greatest cost increases.
       ``(2) If determinations of tuition and fee increases are
     not within the exclusive control of the institution, a
     description of the agency or instrumentality of State
     government or other entity that participates in such
     determinations, and the authority exercised by such agency,
     instrumentality, or entity.
       ``(d) Quality Efficiency Task Forces.--Each institution
     that is required to submit information by subsection (c)
     shall establish a quality-efficiency task force to--
       ``(1) review the operations of such institution;

[[Page H737]]

       ``(2) analyze institutional operating costs in comparison
     with such costs at other institutions within the same
     category of institutions;
       ``(3) identify areas where, in comparison with other
     institutions in such category, the institution operates more
     expensively to produce a similar result;
       ``(4) conduct an in-depth analysis of such identified areas
     for cost reduction opportunities; and
       ``(5) submit a report to the Secretary and the institution
     on the results of the review and analysis conducted under
     this subsection.
       ``(e) Information to the Public.--The Secretary shall
     compile the information submitted under subsections (c) and
     (d) and shall submit an annual report summarizing such
     information to the authorizing committees and publish such
     report on the College Navigator website.
       ``(f) Exemptions.--An institution shall not be placed on
     the list required under subsection (a)(3) and shall not be
     subject to the reporting in subsection (c) if, for the 3-year
     interval described in subsection (a)(3) the institution meets
     the following criteria:
       ``(1) With respect to the category of institutions
     described in subsection (b) to which the institution belongs,
     the computed price of the institution is in the lowest
     quartile of institutions within such category, as determined
     by the Secretary, during the last year of such 3-year
     interval.
       ``(2) The dollar amount of the institution's increase in
     its full price, as computed under subsection (a)(3), is less
     than $500 for such 3-year interval.
       ``(g) State Higher Education Appropriations Chart.--The
     Secretary shall annually report on the College Navigator
     website, in charts for each State--
       ``(1) a comparison of--
       ``(A) the percentage change in State appropriations per
     full-time equivalent student in each public institution of
     higher education in the State for each of the 5 most recent
     preceding academic years; to
       ``(B) the percentage change in tuition and fees for each
     public institution of higher education in the State for each
     of the 5 most recent preceding academic years; and
       ``(2) the total amount of need-based and merit-based aid
     provided by the State to full-time equivalent students
     attending an institution of higher education in the State.
       ``(h) Availability of Net Price Information.--
       ``(1) Net price.--In this section, the term `net price'
     means the average yearly tuition and fees actually charged to
     a full-time undergraduate student receiving student aid at an
     institution of higher education, after deduction of any
     discounts and Federal and State aid, and any other
     institutional aid, that reduce the full price of tuition and
     fees at the institution, as determined in accordance with
     regulations prescribed by the Secretary.
       ``(2) Net price calculator.--
       ``(A) Development.--Not later than 1 year after the date of
     enactment of the College Opportunity and Affordability Act of
     2007, the Secretary shall, in consultation with institutions
     of higher education, develop a net price calculator to help
     students, families, and consumers determine the net price of
     an institution of higher education. The calculator shall be
     developed in a manner that permits students to determine an
     estimate of their individual net price of attendance for an
     institution.
       ``(B) Use of net price calculator by institutions.--Not
     later than 3 years after the date of enactment of the College
     Opportunity and Affordability Act of 2007, each institution
     of higher education that receives Federal funds under this
     Act shall adopt and make available for use on the
     institution's website the net price calculator developed
     under subparagraph (A) to help students, families, and other
     consumers determine the net price of such institution of
     higher education.
       ``(i) Postsecondary Education Price Indices.--Not later
     than 1 year after the date of enactment of the College
     Opportunity and Affordability Act of 2007, the Bureau of
     Labor Statistics, in consultation with the Commissioner of
     Education Statistics and representatives of institutions of
     higher education, shall develop, for inclusion in the higher
     education pricing summary page required under subsection
     (j)(3), postsecondary education price indices that accurately
     reflect the annual change in tuition and fees for
     undergraduate students in the categories of institutions
     described in subsection (b). Such indices shall be updated
     annually. Prior to the completion of the postsecondary
     education price indices, the Secretary is authorized to use
     an alternative, comparable index or indices.
       ``(j) Consumer Cost Information.--
       ``(1) Information from institutions.--Not later than 1 year
     after the date of enactment of the College Opportunity and
     Affordability Act of 2007, the Secretary shall post on the
     College Navigator website and make available to institutions
     of higher education, students, families, and other consumers,
     in a consumer-friendly manner, the following information
     about each institution of higher education for the most
     recent academic year for which the Secretary has available
     data:
       ``(A) A statement of the institution's mission and
     specialties.
       ``(B) Total number of undergraduate students who applied,
     were admitted, and enrolled at the institution.
       ``(C) Where applicable, reading, writing, mathematics, and
     combined scores on the SAT or ACT for the middle 50 percent
     range of the institution's freshman class.
       ``(D) Enrollment of full-time, part-time, and transfer
     students at the institution, at the undergraduate and (where
     applicable) graduate levels.
       ``(E) Percentage of male and female undergraduate students
     enrolled at the institution.
       ``(F) Percentage of enrolled undergraduate students from
     the State in which the institution is located, from other
     States, and from other countries.
       ``(G) Percentage of enrolled undergraduate students at the
     institution by race and ethnic background.
       ``(H) Percentage of enrolled undergraduate students at the
     institution registered with the office of disability services
     (or equivalent department) as students with disabilities.
       ``(I) Retention rates for full-time and part-time first-
     time, first-year undergraduate students enrolled at the
     institution.
       ``(J) Average time to degree or certificate completion for
     first-time, first-year undergraduate students enrolled at the
     institution.
       ``(K) Percentage of enrolled undergraduate students who
     graduate within 2 years (in the case of 2-year institutions),
     and 4, 5, and 6 years (in the case of 2-year and 4-year
     institutions), including by income category, as defined in
     paragraph (4).
       ``(L) Number of students who obtained a certificate or an
     associates, bachelors, masters, or doctoral degree at the
     institution.
       ``(M) Undergraduate major areas of study with the highest
     number of degrees awarded.
       ``(N) The student-faculty ratio, and number of full-time,
     part-time, and adjunct faculty, and graduate teaching and
     research assistants with instructional responsibilities, at
     the institution.
       ``(O) Percentage of faculty at the institution with the
     highest degree in their field.
       ``(P) Percentage change in total price in tuition and fees
     and the net price for an undergraduate at the institution in
     each of the 3 most recent preceding academic years.
       ``(Q) Total average annual cost of tuition and fees, room
     and board, and books and other related costs for an
     undergraduate student enrolled at the institution, for--
       ``(i) full-time undergraduate students living on campus;
       ``(ii) full-time undergraduate students living off campus;
     and
       ``(iii) in the case of students attending a public
     institution of higher education, such costs for in-State and
     out-of-State students living on and off campus.
       ``(R) Average annual grant amount (including Federal,
     State, and institutional aid) broken down by income category
     as defined in paragraph (4) for a student enrolled at the
     institution.
       ``(S) Average annual amount of Federal student loans, and
     other loans provided through the institution, to
     undergraduate students enrolled at the institution.
       ``(T) Total annual grant aid available to undergraduate
     students enrolled at the institution, from the Federal
     Government, a State, the institution, and other sources.
       ``(U) Percentage of undergraduate students enrolled at the
     institution receiving Federal, State, and institutional
     grants, student loans, and any other type of student
     financial assistance provided publicly or through the
     institution, such as Federal work-study funds.
       ``(V) Number of students receiving Federal Pell Grants at
     the institution.
       ``(W) Average net price of the institution calculated for
     each income category, as defined in paragraph (4), for each
     of the 3 most recent preceding academic years.
       ``(X) Percentage of first-year undergraduate students
     enrolled at the institution who live on campus and off
     campus.
       ``(Y) The institution's cohort default rate, as defined
     under section 435(m).
       ``(Z) Information on the policies of the institution
     related to transfer of credit from other institutions.
       ``(AA) Information on campus safety required to be
     collected under section 485(f).
       ``(BB) Links to the appropriate sections of the
     institution's website that provide information on student
     activities offered by the institution, such as
     intercollegiate sports, student organizations, study abroad
     opportunities, intramural and club sports, specialized
     housing options, community service opportunities, cultural
     and arts opportunities on campus, religious and spiritual
     life on campus, and lectures and outside learning
     opportunities.
       ``(CC) Links to the appropriate sections of the
     institution's website that provide information on services
     offered by the institution to students during and after
     college, such as internship opportunities, career and
     placement services, and preparation for further education.
       ``(2) Data collection.--The Commissioner of Education
     Statistics shall continue to redesign the relevant parts of
     the Integrated Postsecondary Education Data System to include
     additional data as required by this subsection and to
     continue to improve the usefulness and timeliness of data
     collected by such System in order to inform consumers about
     institutions of higher education.
       ``(3) Higher education pricing summary page.--The Secretary
     shall make publicly available on an annual basis, in a
     sortable

[[Page H738]]

     and searchable electronic format on the College Navigator
     website, a list of all institutions of higher education
     participating in aid programs under title IV of this Act that
     includes for each such institution:
       ``(A) The undergraduate tuition and fees for the upcoming
     academic year.
       ``(B) The average annual net price by income category, as
     defined in paragraph (4), over the 3 most recent preceding
     academic years.
       ``(C) The average annual percentage change and dollar
     change in such institution's tuition and fees over the 3 most
     recent preceding academic years.
       ``(D) The average annual percentage change and dollar
     change in such institution's per student instructional
     spending over the 3 most recent preceding academic years.
       ``(E) The difference between the average annual percentage
     change in such institution's tuition and fees over the 3 most
     recent preceding academic years and the postsecondary
     education price indices, as defined in subsection (i).
       ``(F) A link to the institution information on the College
     Navigator website, as detailed in paragraph (1).
       ``(4) Income categories.--
       ``(A) In general.--For purposes of reporting the
     information required under this subsection and compiling
     information for the net price calculator, the following
     income categories shall apply:
       ``(i) $0-35,000;
       ``(ii) $35,001-70,000;
       ``(iii) $70,001-105,000;
       ``(iv) $105,001-140,000; and
       ``(v) $140,000 and up.
       ``(B) Annual adjustment.--The Secretary shall make
     available to all institutions of higher education
     participating in an aid program under title IV of this Act,
     on an annual basis, the annual inflation adjustment for the
     income categories set forth in subparagraph (A).
       ``(C) Impracticable reporting exemption.--An institution
     that is required by this subsection to report any information
     pertaining to institutional aid by income category is not
     required to report such information to the extent that
     reporting such information by income category is impractical
     or impossible because information concerning income is not
     collected from the recipients of such institutional aid.
       ``(k) Student Aid Recipient Survey.--
       ``(1) Survey required.--The Secretary shall conduct a
     survey of student aid recipients under title IV on a regular
     cycle and State-by-State basis, but not less than once every
     4 years--
       ``(A) to identify the population of students receiving
     Federal student aid;
       ``(B) to describe the income distribution and other
     socioeconomic characteristics of federally aided students;
       ``(C) to describe the combinations of aid from State,
     Federal, and private sources received by students from all
     income groups;
       ``(D) to describe the debt burden of educational loan
     recipients and their capacity to repay their education debts,
     and the impact of such debt burden on career choices;
       ``(E) to describe the role played by the price of
     postsecondary education in the determination by students of
     what institution to attend; and
       ``(F) to describe how the increased costs of textbooks and
     other instructional materials affects the costs of
     postsecondary education to students.
       ``(2) Survey design.--The survey shall be representative of
     full-time and part-time, undergraduate, graduate,
     professional, and current and former students in all types of
     institutions, and designed and administered in consultation
     with the Congress and the postsecondary education community.
       ``(3) Dissemination.--The Commissioner of Education
     Statistics shall disseminate the information resulting from
     the survey in both printed and electronic form.
       ``(l) Regulations.--The Secretary is authorized to issue
     such regulations as may be necessary to carry out the
     provisions of this section.''.
       (b) Sense of Congress Regarding Consumer Information About
     Institutions of Higher Education.--
       (1) Findings.--Congress finds that--
       (A) the diversity of the American higher education systems
     allows each student to find the right ``fit'' for his or her
     interests and talents;
       (B) while the variety of options available is one of the
     great strengths of our system of higher education, it can
     also be overwhelming when students and their families begin a
     college search;
       (C) there is a massive amount of information available
     about institutions of higher education, but it is often
     difficult to navigate or is scattered among several sources;
       (D) the data collected and available is comprehensive;
     however, there is a need to keep consumer needs in mind in
     packaging the information that already exists and presenting
     the information in a simple, consumer-friendly format;
       (E) in particular, prospective students and their families
     want a succinct overview of common key information about
     institutions, with easy access to more in-depth institution-
     specific information about campus life and the complete
     college experience; and
       (F) a variety of efforts have been initiated by colleges
     and universities and others to provide web-based, consumer-
     friendly information geared to prospective students and their
     families.
       (2) Sense of congress.--It is the sense of Congress that
     institutions of higher education should participate in
     efforts to provide concise, easily accessible, on-line
     consumer information to prospective students and families
     that is consistent across institutions while permitting
     opportunities for more in-depth exploration of specific
     institutions.
       Page 59, line 1, after ``writing'' insert ``(which may
     include electronic communications)''.
       Page 59, line 9, after ``textbook'' insert ``in the
     preceding 10 years''.
       Page 74, line 18, strike ``August 1 of each year'' and
     insert ``March 1 of each year, or such other date determined
     by the Secretary,''.
       Page 80, beginning on line 10, strike clause (i) and insert
     the following:
       ``(i) Standard material, activities, or programs on issues
     related to a loan, default aversion, default prevention, or
     financial literacy, such as a brochure, a workshop, or
     training.
       Page 81, line 4, strike ``Exit'' and insert ``Entrance and
     exit''.
       Page 81, line 6, strike ``exit'' and insert ``entrance and
     exit''.
       Page 81, after line 21, insert the following:
       ``(vi) State education grants, scholarships, or financial
     aid funds administered by or on behalf of a State.
       Page 88, line 11, strike ``$25,000'' and insert
     ``$27,500''.
       Page 88, line 13, after ``Secretary may'' insert ``impose a
     civil penalty in an amount of not more than $27,500, or''.
       Page 97, line 21, insert before the semicolon the
     following: ``, and includes Migrant and Seasonal Head Start
     and American Indian/Alaska Native Head Start''.
       Page 97, line 24, after ``program'' insert ``(including a
     program authorized under section 619 or part C of the
     Individuals with Disabilities Education Act)''.
       Page 110, line 25, strike ``or''; on page 111, line 14,
     strike the period and insert ``; or' ''; and after line 14
     insert the following new subparagraph:
       ``(C) whose participants include current teachers who seek
     ongoing professional development in the subject matter
     knowledge in which the teacher is assigned to teach; and
       ``(D) that requires the faculty of arts and sciences of the
     partner institution to lead collaborative seminars for such
     participants for the purpose of--
       ``(i) improving student learning;
       ``(ii) enhancing the quality of teaching and strengthening
     subject matter mastery and the pedagogical skills of current
     teachers through continuing professional development; and
       ``(iii) developing curriculum units, based on the subject
     matter presented, for use in the teachers' classrooms.
       Page 120, line 10, after ``techniques'' insert ``and
     strategies, consistent with the principles of universal
     design for learning,''.
       Page 120, line 16, after ``teaching skills'' insert ``,
     including the ability to effectively teach higher-order
     analytical, evaluative, problem-solving, and communications
     skills,''.
       Page 122, line 9, strike ``and''; on line 11, after the
     semicolon insert ``and''; and after line 11, insert the
     following:
       ``(cc) effectively teach high-order analytical, evaluative,
     problem solving and communications skills appropriate for the
     teacher's content or specialty area;
       Page 125, beginning on line 24, strike ``incentive, or
     merit or performance-based pay.'' and insert ``or incentive
     pay, based on their extra skills and responsibilities.''.
       Page 127, line 10, after ``school'' insert ``teachers or''.
       Page 127, line 12, after ``instruction for'' insert
     ``elementary or secondary school teachers or''.
       Page 128, beginning on line 24, strike ``Modifying'' and
     all that follows through page 129, line 2, and insert ``Where
     feasible, attempt to place''.
       Page 131, line 11, after ``based on'' insert ``, but is not
     required to include all of, the''.
       Page 131, line 12, strike ``teaching as'' and insert
     ``teaching, which may include''.
       Page 134, strike lines 22 and 23 and insert the following:
       ``(C) Stipends; applications; agreements; repayments.--
       Page 135, line 3, after the period insert ``The stipend or
     salary shall be provided for no longer than 1 year.''.
       Page 135, strike line 4 and all that follows through line
     20 and insert the following:
       ``(ii) Applications for stipends.--Each teacher residency
     candidate desiring a stipend or salary during the period of
     residency shall submit an application to the eligible
     partnership at such time, and containing such information and
     assurances, as the eligible partnership may require.
       ``(iii) Agreements to serve.--Each application submitted
     under clause (ii) shall contain or be accompanied by an
     agreement that the applicant will--

       ``(I) serve as a full-time teacher for a total of not less
     than 3 academic years after successfully completing the
     teaching residency program;
       ``(II) teach in a high-need school served by the high-need
     local educational agency in the eligible partnership;
       ``(III) teach in a field designated as high-need by the
     eligible partnership;
       ``(IV) provide to the eligible partnership a certificate,
     from the chief administrative officer of the school at which
     the resident is

[[Page H739]]

     employed, of the employment required in subclauses (I), (II),
     and (III), at the beginning of, and upon completion of, each
     year or partial year of service;
       ``(V) be a highly qualified teacher, as defined in section
     9101 of the Elementary and Secondary Education Act of 1965,
     when the applicant begins to fulfill the service obligation
     under this clause; and
       ``(VI) comply with the requirements set by the eligible
     partnership under clause (iv) if the applicant is unable or
     unwilling to complete the service obligation required by this
     clause.

       ``(iv) Repayments.--

       ``(I) In general.--An eligible partnership carrying out a
     teaching residency program under this subsection shall
     require a recipient of a stipend or salary under this
     subparagraph who does not complete the service obligation
     required by clause (iii) to repay the stipend or salary to
     the eligible partnership, together with interest thereon
     accruing from the date of the stipend or salary award, and in
     accordance with such other terms and conditions specified by
     the eligible partnership, as necessary.
       ``(II) Other terms and conditions.--Any other terms and
     conditions specified by the eligible partnership may include
     reasonable provisions for deferral of a teaching resident's
     service obligation required by clause (iii) on grounds of
     health, incapacitation, inability to secure employment in a
     school served by the eligible partnership, or other
     extraordinary circumstances.
       ``(III) Use of repayments.--An eligible partnership shall
     use any repayment received under this clause to carry out
     additional activities that are consistent with the purposes
     of this subsection.

       Page 136, line 8, strike ``rural school districts'' and
     insert ``rural local educational agencies (as such term is
     defined in section 872 of this Act)''.
       Page 138, line 15, strike ``designated by the Secretary''.
       Page 144, line 25, after ``instruction'' insert ``,
     including technology consistent with the principles of
     universal design for learning,''.
       Page 157, beginning on line 2, strike ``As a condition of
     receiving assistance under title IV, each'' and insert
     ``Each''.
       Page 157, line 12, strike ``Secretary'' and insert ``State
     educational agency''.
       Page 157, beginning on line 19, strike ``As a condition''
     and all that follows through ``title IV, each'' on line 20,
     and insert ``Each''.
       Page 158, line 11, before the period insert ``, as
     applicable''.
       Page 164, line 17, and page 165, line 3, strike ``develop
     skills to enter'' and insert ``develop learning skills to
     succeed in higher education and to enter''.
       Page 165, line 2, after ``environments'' insert ``,
     including environments consistent with the principles of
     universal design for learning,''.
       Page 165, line 19, insert ``or masters'' before
     ``degrees''.
       Page 167, line 10, strike ``technology development'' and
     insert ``development in the use of technology''.
       Page 171, after line 5, insert the following new paragraph
     (and redesignate the succeeding paragraph accordingly):
       ``(6) A description of how the project--
       ``(A) will incorporate State teacher technology standards;
     and
       ``(B) will incorporate State student technology standards.
       Page 174, line 20, strike ``and''; page 175, line 2, strike
     the period and insert a semicolon; and after line 2, insert
     the following new paragraphs:
       ``(6) may be used to develop and apply virtual classroom
     simulation and related technologies to enhance recruitment,
     preparation, and retention for high-need schools in the areas
     of mathematics, science, foreign languages, special
     education, or teaching the English language to students who
     are limited English proficient; and
       ``(7) may be used to develop innovative teacher preparation
     programs that emphasize the essential components of reading
     instruction and other strategies based on scientifically
     valid research and that address early intervention strategies
     for students with reading difficulty or language processing
     differences.
       Page 177, line 10, strike ``and''; line 13, strike the
     period and insert a semicolon; and after line 13, insert the
     following new paragraphs:
       ``(12) develop associate's degree programs with an emphasis
     on the essential components of reading instruction to train
     educators such as pre-service teachers, paraprofessionals,
     speech-language pathology assistants, and tutors to teach
     students with reading difficulties and students who learn to
     read differently than their peers; and
       ``(13) develop licensure programs for early childhood
     educators that emphasize the essential components of reading
     instruction and other strategies based on scientifically
     valid research, and that address strategies for early
     screening and early intervention for students with reading
     difficulty and who learn to read differently than their
     peers.''.
       Page 179, beginning on line 24, strike ``has the meaning''
     and all that follows through line 25, and insert ``means a
     publicly funded institution of higher education (as defined
     in section 101) at which the highest degree awarded is
     predominantly the associates degree.''.
       Page 183, line 13, after ``teachers to'' insert ``serve in
     low-performing schools and''.
       Page 188, line 15, strike ``Achievement'' and insert
     ``Student learning''; and on lines 17 and 19, strike
     ``achievement'' and insert ``student learning''.
       Page 189, line 3, insert after the period the following:
     ``Further, the peer review standards shall ensure that
     reviewers have expertise in assessment systems,
     accountability, and instruction.''.
       Page 190, line 10, after ``childhood'' insert ``development
     and''.
       Page 190, strike lines 11 and 12, and redesignate the
     succeeding subparagraphs accordingly.
       Page 190, beginning on line 15, strike ``through age 5''
     and insert ``to school entry''.
       Page 192, line 4, after ``supplemental initiative,'' insert
     ``the State Head Start collaboration director,''.
       Page 222, line 2, strike ``by regulation''.
       Page 234, beginning on line 5, strike section 308 and
     insert the following:

     SEC. 308. HISTORICALLY BLACK COLLEGE AND UNIVERSITY CAPITAL
                   FINANCING.

       (a) Definitions.--Section 342 (20 U.S.C. 1066a) is
     amended--
       (1) in paragraph (5)(G), by inserting ``by an accrediting
     agency or association recognized by the Secretary of
     Education'' after ``agency or association'';
       (2) in paragraph (8)--
       (A) is amended by striking ``the private'' and inserting
     ``any private''; and
       (B) by inserting adding ``capital project'' after ``issuing
     taxable''; and
       (3) by adding at the end the following new paragraphs:
       ``(10) The term `eligible foundation' means a non-profit
     foundation owned and sponsored by an eligible institution, or
     an entity wholly owned by such a foundation.
       ``(11) The term `borrower' means the eligible institution
     or the eligible foundation that receives funding pursuant to
     a loan.''.
       (b) Federal Insurance for Bonds.--
       (1) Responsibilities of designated bonding authority.--
     Section 343(b) (20 U.S.C. 1066b(b)) is amended--
       (A) in paragraph (1), by striking ``2 percent'' and
     inserting ``1 percent'';
       (B) in paragraph (3)(A), by inserting ``, not to exceed 1
     percent,'' after ``charge such interest'';
       (C) in paragraph (8)--
       (i) by inserting ``for loans closed before June 15, 2008,''
     before ``establish an escrow account'';
       (ii) in subparagraph (B)(ii), by inserting ``within 90
     days'' after ``loan proceeds'';
       (D) by striking ``and'' at the end of paragraph (10);
       (E) by striking the period at the end of paragraph (11) and
     inserting a semicolon; and
       (F) by adding at the end the following new paragraphs:
       ``(12) with respect to any such loan, provide that any loan
     collateralization shall not exceed 100 percent of the loan
     amount; and
       ``(13) for loans closed after, June 15, 2008, establish a
     reserve account which shall be available to the Secretary to
     pay principal and interest on the bonds in the event of
     delinquency in loan repayment, which reserve account shall
     consist of an origination fee of 1 percent with respect to
     each loan.''.
       (2) Forbearance; deferment.--Section 343 is further amended
     by adding at the end the follow new subsections:
       ``(f) Forbearance.--An insurance agreement under this
     subsection shall contain provisions providing that, upon
     request from the borrower and with the approval of the
     Secretary in consultation with the Advisory Board, the
     designated bond authority shall grant a borrower forbearance,
     renewable at 12-month intervals, on terms agreed to in
     writing by the parties to the loan with the approval of the
     Secretary, and otherwise consistent with the regulations of
     the Secretary.
       ``(g) Deferment.--An insurance agreement under this
     subsection shall contain provisions providing that, during
     construction or renovation, the Designated Bond Authority
     shall grant a borrower deferment, renewable at 12-month
     intervals, on terms agreed to in writing by the parties to
     the loan with the approval of the Secretary in consultation
     with the Advisory Board, and otherwise consistent with the
     regulations of the Secretary.''.
       (c) Limitations on Federal Insurance for Bonds Issued by
     the Designated Bonding Authority.--Section 344(a) (20 U.S.C.
     1066c(a)) is amended--
       (1) by striking ``$375,000,000'' and inserting
     ``$1,100,000,000'';
       (2) by striking ``$250,000,000'' and inserting
     ``$733,333,333''; and
       (3) by striking ``$125,000,000'' and inserting
     ``$366,666,666''.
       (d) Authority of the Secretary.--Section 345(1) (20 U.S.C.
     1066d(1)) is amended--
       (1) by striking ``the Higher Education Amendments of
     1992,'' and inserting ``the College Opportunity and
     Affordability Act of 2007'';
       (2) by striking ``and'' at the end of subparagraph (A); and
       (3) by inserting after subparagraph (B) the following new
     subparagraphs:
       ``(C) specify up to 3 designated bonding authorities to be
     authorized under this part; and
       ``(D) provide for periodic review of designated bonding
     authority authorizations no less frequently than every 3
     years;''.
       (e) HBCU Capital Financing Advisory Board.--Section
     347(b)(1) (20 U.S.C. 1066f(b)(1)) is amended--
       (1) by striking out ``9 members'' and inserting ``11
     members'';

[[Page H740]]

       (2) in subparagraph (C), by striking ``two'' and inserting
     ``three'';
       (3) by adding at the end the following new subparagraph:
       ``(G) The president of the Thurgood Marshall Scholarship
     Fund.''.
       Page 238, beginning on line 8, strike ``this subpart'' and
     all that follows through ``including'' on line 9 and insert
     ``this subpart. Such plan shall include, if the Secretary
     determines that it is practical, an objective measure of the
     impact of such projects, such as''.
       Page 238, after line 19, insert the following new
     subparagraph (and redesignate the succeeding subparagraphs
     accordingly):
       (B) in subparagraph (C), by inserting before the semicolon
     the following: ``, the Department of Defense, or the National
     Science Foundation'';
       Page 248, beginning on line 12, strike subsection (d) and
     insert the following:
       (d) Technical Amendments to CCRAA.--Section 401(b)(9) is
     amended--
       (1) by amending subparagraph (D) to read as follows:
       ``(D) Program requirements and operations otherwise
     unaffected.--Except as provided in subparagraphs (B) and (C),
     nothing in this paragraph shall be construed to alter the
     requirements and operations of the Federal Pell Grant Program
     as authorized under this section, or authorize the imposition
     of additional requirements or operations for the
     determination and allocation of Federal Pell Grants under
     this section.''; and
       (2) by amending subparagraph (F) to read as follows:
       ``(F) Availability of funds.--The amounts made available by
     subparagraph (A) for any fiscal year shall be available
     beginning on October 1 of that fiscal year, and shall remain
     available through September 30 of the succeeding fiscal
     year.''.
       Page 254, line 10, insert ``and'' after the semicolon and
     strike lines 11 through 14 and insert the following:
       (ii) by amending subparagraph (A) to read as follows:
       ``(A) to synchronize the awarding of grants for programs
     under this chapter, the Secretary may, under such terms as
     are consistent with the purposes of this chapter, provide a
     one-time, limited extension of the length of such an
     award;''; and
       Page 255, beginning on line 1, strike subparagraph (A) and
     insert the following:
       (A) in paragraph (2)--
       (i) by striking ``(2) prior experience.--In'' and inserting
     the following:
       ``(2) Considerations.--(A) Prior experience.--In'';
       (ii) by striking ``service delivery'' and inserting ``high
     quality service delivery, as determined under subsection
     (f),''; and
       (iii) by adding at the end the following new subparagraph:
       ``(B) Participant need.--In making grants under this
     chapter, the Secretary shall consider the number,
     percentages, and needs of eligible participants in the area,
     college, or school or schools to be served to aid such
     participants in preparing for, enrolling in, or succeeding in
     college, as appropriate to the particular program for which
     the eligible entity is applying.'';
       Page 255, line 12, after ``foster care youth'' insert
     ``(including youth in foster care and youth who have left
     foster care after reaching age 16)''.
       Page 261, beginning on line 20, strike paragraph (5) and
     insert the following:
       ``(5) Appeals.--(A) Upon a determination by the Secretary
     not to accept an application, or upon a determination by the
     Secretary through the peer review process as specified in
     subsection (c)(4) not to fund an application, for any program
     under this chapter, the Secretary shall allow such applicant
     to appeal the funding decision. An applicant may submit a
     written request for reconsideration of the application, with
     appropriate documentary evidence, to the Secretary.
       ``(B) For appeals regarding the awarding of points for
     prior experience of high quality service delivery or a
     decision not to read an application or any mishandling of
     such application, a panel of three Department employees
     appointed by the Secretary shall review each request for
     reconsideration. The panel shall review the request for the
     purpose of identifying any technical errors or administrative
     problems with the scoring of the application, the awarding of
     prior experience points, or the handling of the application,
     including any decision not to read an application. The panel
     shall make its recommendations to the Secretary in writing.
       ``(C) For appeals regarding scoring decisions by the peer
     review panel, the Secretary shall refer the application to a
     second peer review panel.
       ``(D) In each instance, after the Secretary or the
     Secretary's designee considers the recommendations of the
     panel and makes a final decision, the Secretary shall notify
     each entity requesting reconsideration under this paragraph
     regarding the status of their appeal within 90 days after the
     date the applicant submitted the appeal.'';
       Page 264, after line 20, insert the following new
     subsection (and redesignate the succeeding subsections
     accordingly):
       (b) Talent Search.--Section 402B(b)(10) (20 U.S.C. 1070a-
     12(b)(10)) is amended by inserting ``, groups of persons from
     disadvantaged backgrounds that have particular lower
     educational access or outcomes, or disconnected students''
     after ``limited English proficiency''.
       Page 264, line 25, strike ``and''; and on page 265, before
     line 1, insert the following new paragraph (and redesignate
     the succeeding paragraph accordingly):
       (2) in subsection (b)(12), by inserting ``, groups of
     persons from disadvantaged backgrounds that have particular
     lower educational access or outcomes, or disconnected
     students'' after ``limited English proficiency''; and
       Page 265, beginning on line 2, strike subsection (f) and
     insert the following:
       ``(f) Absolute Priority Prohibited in Upward Bound
     Program.--Upon enactment of this subsection and except as
     otherwise expressly provided by amendment to this section,
     the Secretary shall not continue to implement or enforce the
     absolute priority for Upward Bound Program published by the
     Department of Education in the Federal Register on September
     22, 2006 (71 Fed. Reg. 55447 et seq.). This subsection shall
     not be applied retroactively. In implementing this
     subsection, the Department shall allow the programs and
     participants chosen in the grant cycle to which the priority
     applies to continue their grants and participation without a
     further recompetition. The entities shall not be required to
     apply the absolute priority conditions or restrictions to
     future participants.''.
       Page 265, after line 9, insert the following new subsection
     (and redesignate the succeeding subsections accordingly):
       (d) Student Support Services.--Section 402D(b)(10) (20
     U.S.C. 1070a-14(b)(10)) is amended by inserting ``, groups of
     persons from disadvantaged backgrounds that have particular
     lower educational access or outcomes, or disconnected
     students'' after ``limited English proficiency''.
       Page 265, after line 14, insert the following new
     subsections (and redesignate the succeeding subsection
     accordingly):
       (f) Educational Opportunity Centers.--Section 402F(b)(10)
     (20 U.S.C. 1070a-16(b)(10)) is amended by inserting ``,
     groups of persons from disadvantaged backgrounds that have
     particular lower educational access or outcomes, or
     disconnected students'' after ``limited English
     proficiency''.
       (g) Staff Development Activities.--Section 402G(b) (20
     U.S.C. 1070a-17(b)) is amended by adding at the end the
     following new paragraph:
       ``(5) Strategies for recruiting and serving hard-to-reach
     populations, including students of limited English
     proficiency, groups of persons from disadvantaged backgrounds
     that have particular lower educational access or outcomes,
     disconnected students, and students with disabilities.''.
       Page 272, beginning on line 8, strike clauses (iv) and (v)
     and insert the following:
       (iv) in paragraph (3), by inserting ``eligible'' before
     ``for assistance'', and by striking the period and inserting
     ``; or''; and
       (v) by adding at the end the following new paragraph:
       ``(4) a disconnected student.''.
       Page 276, strike lines 1 through 13 and insert the
     following:
       (f) Scholarship Component.--Section 404E(b)(2) (20 U.S.C.
     1070a-25) is amended by striking ``the maximum Federal Pell
     Grant'' and inserting ``the minimum Federal Pell Grant''.
       Page 276, line 23, strike ``subpart 1'' and insert
     ``subpart 2''.
       Page 283, beginning on line 16, strike ``and include'' and
     all that follows through ``this title'' on line 21.
       Page 289, beginning on line 11, strike ``(less any'' and
     all that follows through ``by the student)'' on line 15.
       Page 290, beginning on line 8, strike ``(less any'' and all
     that follows through ``by the student)'' on line 11.
       Page 290, beginning on line 22, strike ``(less any'' and
     all that follows through ``by the student)'' on line 25.
       Page 301, beginning on line 25, strike paragraph (6)
     through page 302, line 6, and insert the following:
       (6) by inserting after subsection (f) the following:
       ``(g) Reservation and Allocation of Funds.--From the
     amounts made available under subsection (i), the Secretary--
       ``(1) may reserve not more than a total of \1/2\ of 1
     percent for outreach activities, technical assistance, and
     professional development programs relating to the programs
     under subsection (a); and
       ``(2) shall, in awarding grants from the remainder of such
     amounts--
       ``(A) make available not less than 45 percent of such
     remainder for the high school equivalency programs and not
     less than 45 percent of such remainder for the college
     assistance migrant programs;
       ``(B) award the rest of such remainder for either high
     school equivalency programs or college assistance migrant
     programs based on the number, quality, and promise of the
     applications; and
       ``(C) consider the need to provide an equitable geographic
     distribution of such grants.'';
       Page 302, beginning on line 22, strike paragraph (8)
     through page 303, line 8, and insert the following:
       (8) by striking subsection (i) (as redesignated by
     paragraph (5)) and inserting the following:
       ``(i) Authorization of Appropriations.--For the purpose of
     making grants and contracts under this section, there are
     authorized to be appropriated $75,000,000 for fiscal year
     2009 and such sums as may be necessary for the each of the 4
     succeeding fiscal years.''.
       Page 305, line 6, strike ``social psychology or''.

[[Page H741]]

       Page 306, strike lines 19 through 22.
       Page 311, line 13, after ``service'' insert ``in a full-
     time position related to the field in which the student
     obtained his or her undergraduate degree,''; and after
     ``following'' insert ``the later of--''.
       Page 311, strike lines 14 and 15, and before line 16,
     insert the following:
       ``(A) the completion of the student's undergraduate degree
     program; or
       ``(B) the completion of a graduate degree program in a
     field related to the field in which the student obtained his
     or her undergraduate degree.
       Page 323, after line 3, insert the following new
     subsection:
       ``(g) Report on Best Practices.--Within one year after the
     date of enactment of this section, the Secretary shall--
       ``(1) conduct a study to identify the best practices to
     strengthen the role of institutions that receive funding
     under title III or title V in increasing America's critical
     foreign language education efforts; and
       ``(2) submit a report on the results of such study to the
     authorizing committees.
       Page 323, before line 4, insert the following new section
     (and redesignate the succeeding section accordingly):

     ``SEC. 419D. ADJUNCT TEACHER CORPS.

       ``(a) Purpose.--The purpose of this section is to create
     opportunities for individuals with subject matter expertise
     in mathematics, science, and critical foreign languages to
     provide such subject matter expertise to secondary school
     students on an adjunct basis.
       ``(b) Program Authorized.--The Secretary is authorized to
     award grants to eligible entities to identify, recruit, and
     train individuals with subject matter expertise in
     mathematics, science, and critical foreign languages to serve
     as adjunct content specialists.
       ``(c) Duration of Grants.--The Secretary may award grants
     under this section for a period of not more than 5 years.
       ``(d) Eligible Entity.--For the purpose of this section, an
     eligible entity is--
       ``(1) a local educational agency; or
       ``(2) a partnership consisting of a local educational
     agency, serving as a fiscal agent, and a public or private
     educational organization or business.
       ``(e) Uses of Funds.--An eligible entity that receives a
     grant under this section is authorized to use such grant to
     carry out one or both of the following activities:
       ``(1) To develop the capacity of the eligible entity to
     identify, recruit, and train individuals with subject matter
     expertise in mathematics, science, and critical foreign
     languages who are not employed in the elementary and
     secondary education system (including individuals in business
     and government, and individuals who would participate through
     distance-learning arrangements) to become adjunct content
     specialists.
       ``(2) To provide pre-service training and on-going
     professional development to adjunct content specialists.
       ``(f) Applications.--
       ``(1) Application required.--To be considered for a grant
     under this section, an eligible entity shall submit an
     application to the Secretary at such time, in such manner,
     and containing such information as the Secretary requires.
       ``(2) Contents.--Such application shall include a
     description of--
       ``(A) the need for, and expected benefits of using, adjunct
     content specialists in the schools of the local educational
     agency, which may include information on the difficulty the
     local educational agency faces in recruiting qualified
     faculty in mathematics, science, and critical foreign
     language courses;
       ``(B) measurable objectives for the activities supported by
     the grant, including the number of adjunct content
     specialists the eligible entity intends to place in schools
     and classrooms, and the gains in academic achievement
     expected as a result of the addition of such specialists;
       ``(C) how the eligible entity will establish criteria for
     and recruit the most qualified individuals and public or
     private organizations and businesses to participate in the
     activities supported by the grant;
       ``(D) how the eligible entity will provide pre-service
     training and on-going professional development to adjunct
     content specialists to ensure that such specialists have the
     capacity to serve effectively;
       ``(E) how the eligible entity will use funds received under
     this section, including how the eligible entity will evaluate
     the success of the activities supported by the grant;
       ``(F) how the eligible entity will support and continue the
     activities supported by the grant after the grant has
     expired, including how such entity will seek support from
     other sources, such as State and local government and the
     private sector; and
       ``(G) an assurance that the use of adjunct content
     specialists will not result in the displacement or transfer
     of currently employed teachers nor a reduction in the number
     of overall teachers in the district.
       ``(g) Priorities.--In awarding grants under this section,
     the Secretary shall give priority to eligible entities that
     demonstrate in the application for such a grant a plan to--
       ``(1) serve the schools of the local educational agency
     that have a large number or percentage of students performing
     below grade level in mathematics, science, or critical
     foreign language courses;
       ``(2) serve local educational agencies that have a large
     number or percentage of students from families with incomes
     below the poverty line (as such term is defined in section
     200); and
       ``(3) recruit and train individuals to serve as adjunct
     content specialists in schools that have an insufficient
     number of teachers in mathematics, science, or critical
     foreign languages.
       ``(h) Matching Requirement.--Each eligible entity that
     receives a grant under this section shall provide, from non-
     Federal sources, an amount equal to 100 percent of the amount
     of such grant (in cash or in kind) to carry out the
     activities supported by such grant.
       ``(i) Performance Report.--Each eligible entity receiving a
     grant under this section shall prepare and submit to the
     Secretary a final report on the results of the activities
     supported by such grant, which shall contain such information
     as the Secretary may require, including any improvements in
     student academic achievement as a result of the use of
     adjunct content specialists.
       ``(j) Evaluation.--The Secretary shall evaluate the
     activities supported by grants under this section, including
     the impact of such activities on student academic
     achievement, and shall report the results of such evaluation
     to the authorizing committees.
       ``(k) Definition.--In this section the term `adjunct
     content specialist' means an individual who--
       ``(1) meets the requirements of section 9101(23)(B)(ii) of
     the Elementary and Secondary Education Act of 1965;
       ``(2) has demonstrated expertise in mathematics, science,
     or a critical foreign language, as determined by the local
     educational agency; and
       ``(3) may not be the primary provider of instructional
     services to a student unless the adjunct content specialist
     is under the direct supervision of a teacher who meets the
     requirements of Section 9101(23) of such Act.''.
       Page 323, after line 25, insert the following new
     subsection (and redesignate the succeeding subsection
     accordingly):
       (e) Reporting Requirements.--Section 419N(e) is amended--
       (1) in paragraph (1)(A), by striking ``18 months,'' and all
     that follows through the end thereof and inserting
     ``annually.''; and
       (2) in paragraph (2)--
       (A) by striking ``the third annual grant payment'' and
     inserting ``continuation awards''; and
       (B) by striking ``the 18-month report'' and inserting ``the
     reports''.
       Page 324, line 23, strike ``and'' and after such line
     insert the following new paragraph (and redesignate the
     succeeding paragraph accordingly):
       (3) in section 420N--
       (A) in subsection (b)--
       (i) in paragraph (1)(E), by striking ``and'' after the
     semicolon;
       (ii) in paragraph (2), by striking the period at the end
     and inserting ``; and''; and
       (iii) by adding at the end the following new paragraph:
       ``(3) contains, or is accompanied by, a plain-language
     disclosure form developed by the Secretary that clearly
     describes the nature of the TEACH Grant award, the service
     obligation, and the loan repayment requirements that are the
     consequence of the failure to complete the service
     obligation.''; and
       (B) by adding a the end the following new subsection:
       ``(d) Additional Administrative Provisions.--
       ``(1) Change of high-need designation.--In the event that a
     recipient of an initial grant under this subpart has acquired
     an academic degree, or expertise, in a field that was, at the
     time of the recipient's application for that grant,
     designated as high-need in accordance with subsection
     (b)(1)(C)(vii), but is no longer so designated, the grant
     recipient may fulfill the service obligation described in
     subsection (b)(1) by teaching in that field.
       ``(2) Extenuating circumstances.--The Secretary shall
     establish, by regulation, categories of extenuating
     circumstances under which a recipient of a grant under this
     subpart who is unable to fulfill all or part of his or her
     service obligation may be excused from fulfilling that
     portion of the service obligation.''; and
       Page 325, beginning on line 4, strike ``Such evaluation
     shall'' and all that follows through line 18 and insert close
     quotation marks and a period.
       Page 326, line 21, after ``this title'' insert ``, as
     determined by the Secretary,''.
       Page 327, beginning on line 1, strike subparagraph (B) and
     insert the following:
       ``(B) An institution and any third party servicer obtaining
     access to information under subparagraph (A), including any
     subcontractor obtaining access to information under
     subparagraph (C)(iii), shall safeguard that information--
       ``(i) as required by any law applicable to the institution,
     third party servicer, or subcontractor; and
       ``(ii) at least to the same extent that the disclosing
     financial institution is required to safeguard its customer
     information under sections 501 and 505(b) of the Gramm-Leach-
     Bliley Act (15 U.S.C. 6801, 6805(b)).
       Page 327, line 16, after ``the borrower'' insert ``, a
     subcontractor of the third party servicer for purposes of
     skip tracing,''.
       Page 327, line 23, strike the close quotation marks and the
     following period; and after line 23, insert the following:
       ``(D) Any requirement under subparagraph (A) to provide
     student loan information shall be considered an applicable
     legal requirement for the purposes of section 502(e)(8) of
     the Gramm-Leach-Bliley Act (15 U.S.C. 6802(e)(8)).

[[Page H742]]

       ``(E) Any subcontractor obtaining access to information
     under subparagraph (C)(iii) shall meet the same restrictions
     that apply to third party servicers under subparagraph
     (C).''.
       Page 328, before line 1, insert the following new sections
     (and redesignate the succeeding sections accordingly):

     SEC. 424. VOLUNTARY FLEXIBLE AGREEMENTS.

       Section 428A(a) (20 U.S.C. 1078-1(a)) is amended by adding
     at the end the following new paragraph:
       ``(3) Report required.--The Secretary, in consultation with
     the guaranty agencies participating under voluntary flexible
     agreements, shall report on an annual basis to the
     authorizing committees regarding the program outcomes that
     the voluntary flexible agreements have had with respect to
     program integrity, program and cost efficiencies, delinquency
     prevention, default aversion, and consumer education programs
     described in section 433A, and the availability and delivery
     of student financial aid. Such report shall include--
       ``(A) a description of each voluntary flexible agreement
     and the performance goals established by the Secretary for
     each agreement;
       ``(B) a list of participating guaranty agencies and the
     specific statutory or regulatory waivers provided to each
     guaranty agency and any waivers provided to other guaranty
     agencies under paragraph (2);
       ``(C) a description of the standards by which each agency's
     performance under the agency's voluntary flexible agreement
     was assessed and the degree to which each agency achieved the
     performance standards;
       ``(D) an analysis of the fees paid by the Secretary, and
     the costs and efficiencies achieved under each voluntary
     flexible agreement; and
       ``(E) an identification of promising practices for program
     improvement that could be replicated by other guaranty
     agencies.''.

     SEC. 425. GRACE PERIOD FOR GRADUATE AND PROFESSIONAL STUDENT
                   PLUS LOANS.

       (a) Amendment.--Section 428B(d) (20 U.S.C. 1078-2(d)) is
     amended by amending paragraphs (1) and (2) to read as
     follows:
       ``(1) Commencement of repayment.--Repayment of principal on
     loans made under this section shall--
       ``(A) commence not later than--
       ``(i) in the case of a parent borrower, 60 days after the
     date such loan is disbursed by the lender; and
       ``(ii) in the case of a graduate or professional student
     borrower, commence at the beginning of a repayment period
     that begins the day after 6 months after the date the student
     ceases to carry at least one-half the normal full-time
     academic workload (as determined by the institution); and
       ``(B) be subject to deferral during any period during which
     the graduate or professional student or the parent meets the
     conditions required for a deferral under section 427(a)(2)(C)
     or 428(b)(1)(M).
       ``(2) Capitalization of interest.--
       ``(A) In general.--Interest on loans made under this
     section--
       ``(i) which accrues prior to the beginning of repayment
     under paragraph (1)(A)(i), shall be added to the principal
     amount of the loan; and
       ``(ii) which accrues during a period in which payments of
     principal are deferred pursuant to paragraph (1)(B) shall, if
     agreed upon by the borrower and the lender--

       ``(I)(aa) be paid monthly or quarterly; or
       ``(bb) be added to the principal amount of the loan not
     more frequently than quarterly by the lender.

       ``(B) Insurable limits.--Capitalization of interest under
     this paragraph shall not be deemed to exceed the annual
     insurable limit on account of the borrower.''.
       (b) Conforming Amendment.--Section 428(b)(7)(C) (20 U.S.C.
     1078(b)(7)(C)) is amended by striking ``, 428B,''.
       (c) Effective Date.--The amendments made by this section
     shall be effective for loans issued on or after July 1, 2008.
       Page 329, after line 4 insert the following new sections
     (and redesignate the succeeding sections accordingly):

     SEC. 427. EXTENSION OF CONSOLIDATION LOAN AUTHORITY.

       Section 428C(e) (20 U.S.C. 1078-3(c)) is amended by
     striking ``2012'' and inserting ``2013.''

     SEC. 428. REQUIREMENTS FOR DISBURSEMENT OF STUDENT LOANS.

       (a) Special Rule.--Section 428G(a) (20 U.S.C. 1078-7(a)) is
     amended by adding at the end the following new paragraph:
       ``(4) Amendment to special rule.--Beginning on October 1,
     2011, the special rule under paragraph (3) shall be applied
     by substituting `15 percent' for `10 percent'.''.
       (b) Requirements for Disbursements to First Year
     Students.--Section 428G(b) (20 U.S.C. 1078-7(b)) is amended
     by adding at the end the following new paragraph:
       ``(3) Amendment to cohort default rate exemption.--
     Beginning on October 1, 2011, the exemption to the
     requirements of paragraph (1) in the second sentence of such
     paragraph shall be applied by substituting `15 percent' for
     `10 percent'.''.
       Page 332, line 22, after ``pathologists'' insert ``and
     audiologists''; and line 23, after ``pathologist'' insert
     ``or audiologist''.
       Page 333, line 2, insert ``, audiology'' before the comma.
       Page 335, after line 14, insert the following new
     paragraphs:
       ``(14) Dentists.--An individual who--
       ``(A) has received his or her degree from an accredited
     dental school (as accredited by the Commission on Dental
     Accreditation) and has completed residency training in
     pediatric dentistry, general dentistry, or dental public
     health; or
       ``(B) is employed as a member of the faculty at a program
     or school accredited by the Commission on Dental
     Accreditation.
       ``(15) STEM employees.--An individual who is employed in
     engineering, technology, applied sciences, or mathematics.
       Page 336, after line 18, insert the following new paragraph
     (and redesignate the succeeding paragraphs accordingly):
       ``(1) Audiologist.--The term `audiologist' means an
     individual who--
       ``(A) has received, at a minimum, a graduate degree in
     audiology from an institution of higher education accredited
     by an agency or association recognized by the Secretary
     pursuant to section 496(a) of this Act; and
       ``(B) provides audiology services under subsection (ll)(2)
     of section 1861 of the Social Security Act (42 U.S.C.
     1395x(ll)(2)), or meets or exceeds the qualifications for a
     qualified audiologist under subsection (ll)(4) of such
     section (42 U.S.C. 1395x(ll)(4)).
       Page 348, beginning on line 5, strike subsection (c) and
     insert the following:
       ``(c) Rule of Construction.--Nothing in this section shall
     be construed to prohibit--
       ``(1) a guaranty agency from using activities, programs,
     and materials existing on the date of enactment of this
     section in meeting the requirements of this section; or
       ``(2) a lender or loan servicer from providing outreach or
     financial aid literacy information in accordance with
     subsection (b).''.
       Page 348, after line 8, insert the following new section
     (and redesignate the succeeding sections accordingly):

     SEC. 433. DEFINITION OF ELIGIBLE INSTITUTION: PARTICIPATION
                   RATE INDEX.

       (a) Amendments.--Section 435(a) (20 U.S.C. 1085(a)) is
     amended--
       (1) in paragraph (2)--
       (A) in subparagraph (A)(ii), by striking ``paragraph (4)''
     and inserting ``paragraph (5)''; and
       (B) in subparagraph (B)--
       (i) by striking ``and'' at the end of clause (ii); and
       (ii) by striking clause (iii) and inserting the following
     new clauses:
       ``(iii) 25 percent for fiscal year 1994 through fiscal year
     2011; and
       ``(iv) 30 percent for fiscal year 2012 and any succeeding
     fiscal year.'';
       (2) by redesignating paragraph (6) as paragraph (8), and
     redesignating paragraphs (3) through (5) as paragraphs (4)
     through (6), respectively;
       (3) by inserting after paragraph (2) the following new
     paragraph:
       ``(3) Appeals for regulatory relief.--An institution whose
     cohort default rate, calculated in accordance with subsection
     (m), is equal to or greater than the threshold percentage
     specified in paragraph (2)(B)(iv) of this subsection, for two
     consecutive fiscal years may, within 30 days of receiving
     notification from the Secretary, file an appeal demonstrating
     exceptional mitigating circumstances, as defined in paragraph
     (5). The Secretary shall issue a decision on any such appeal
     within 45 days after its submission. If the Secretary
     determines that the institution demonstrates exceptional
     mitigating circumstances, the Secretary shall not subject the
     institution to provisional certification based solely on the
     institution's cohort default rate.'';
       (4) in paragraph (5)(A) (as redesignated by paragraph (2)
     of this subsection), by striking ``For the purposes of
     paragraph (2)(A)(ii)'' and all that follows through
     ``following criteria:'', and inserting ``For purposes of this
     subsection, an institution of higher education shall be
     treated as having exceptional mitigating circumstances that
     make application of paragraph (2) inequitable, and that
     provide for regulatory relief under paragraph (3), if such
     institution, in the opinion of an independent auditor, meets
     the following criteria:'';
       (5) by inserting after paragraph (6) (as redesignated by
     paragraph (2) of this subsection) the following new
     paragraph:
       ``(7) Default prevention and assessment of eligibility
     based on high default rates.--
       ``(A) First year.--(i) An institution whose cohort default
     rate is equal to or greater than the threshold percentage
     specified in paragraph (2)(B)(iv) in any fiscal year shall
     establish a default prevention task force to prepare a plan
     to--

       ``(I) identify the factors causing the institution's cohort
     default rate to exceed such threshold;
       ``(II) establish measurable objectives to improve the
     institution's cohort default rate; and
       ``(III) specify actions that the institution can take to
     improve student loan repayment, including enhanced use of
     professional judgment and discretion of student financial aid
     administrators.

       ``(ii) Each institution subject to this subparagraph shall
     submit the plan under clause (i) to the Secretary, who shall
     review the plan and offer technical assistance to the
     institution to promote improved student loan repayment.
       ``(B) Second consecutive year.--(i) An institution whose
     cohort default rate is equal to or greater than the threshold
     percentage

[[Page H743]]

     specified in paragraph (2)(B)(iv) for two consecutive fiscal
     years shall require the institution's default prevention task
     force established under subparagraph (A) to review and revise
     the plan required under such subparagraph, and shall submit
     such revised plan to the Secretary.
       ``(ii) The Secretary shall review each revised plan
     submitted in accordance with this subparagraph, and may
     direct that such a plan be amended to include actions, with
     measurable objectives, that the Secretary determines, based
     on available data and analyses of student loan defaults, will
     promote student loan repayment.
       ``(C) Cohort default rates published.--The Secretary shall
     make available to the public on the College Navigator web
     site the cohort default rate and the plan of the default
     prevention task force of each institution that is subject to
     this paragraph.''; and
       (6) in paragraph (8)(A) (as redesignated by paragraph (2)
     of this subsection), by striking ``0.0375'' and inserting
     ``0.0625''.
       (b) Effective Date.--The amendment made by subsection
     (a)(6) is effective for fiscal years beginning on or after
     October 1, 2011.
       Page 348, line 22, strike ``beginning of the third'' and
     insert ``end of the second''.
       Page 348, after line 23, insert the following new paragraph
     (and redesignate the succeeding paragraphs accordingly):
       (2) in paragraph (1)(B), by striking ``such fiscal year''
     and inserting ``such second fiscal year'';
       Page 349, beginning on line 1, strike ``beginning of the
     third'' and insert ``end of the second''.
       Page 349, strike lines 4 through 10 and insert the
     following:
       (3) in paragraph (2)(C)--
       (A) by striking ``end of such following fiscal year is not
     considered as in default for the purposes of this
     subsection'' and inserting ``end of the second fiscal year
     following the year in which the loan entered repayment is not
     considered as in default for purposes of this subsection'';
     and
       (B) by striking ``such fiscal year'' and inserting ``such
     second fiscal year''; and
       Page 349, line 21, strike ``cohort default data'' and
     insert ``cohort default rate''.
       Page 348, line 19, insert ``(a) Amendments.--'' before
     ``Section 435(m)''; and on page 350, after line 13, insert
     the following new subsection:
       (b) Effective Date and Transition.--
       (1) Effective date.--The amendments made by subsection (a)
     shall be effective for purposes of calculating cohort default
     rates for fiscal year 2008 and succeeding fiscal years.
       (2) Transition.--Notwithstanding paragraph (1), the method
     of calculating cohort default rates under section 435(m) of
     the Higher Education Act of 1965 as in effect on the day
     before the date of enactment of this Act shall continue in
     effect, and the rates so calculated shall be the basis for
     any sanctions imposed on institutions of higher education
     because of their cohort default rates, until three
     consecutive years of cohort default rates calculated in
     accordance with the amendments made by subsection (a) are
     available.
       Page 351, line 19, strike ``2752(d)(4)(D)'' and insert
     ``2752(c)(4)(D)''.
       Page 351, after line 20, insert the following new
     subsections:
       (c) Grants for Federal Work-Study Programs.--Section 443
     (42 U.S.C. 2753) is amended --
       (1) in subsection (b)(2)(B), strike ``(as described in
     subsection (d)), is'' and insert the following: ``(as
     described in subsection (d)), and not less than 1 civic
     education and participation project (as described in
     subsection (e)), are'';
       (2) by adding at the end the following new subsection:
       ``(e) Civic Education and Participation Activities.--
       ``(1) Use of funds.--In any academic year to which
     subsection (b)(2)(B) applies, an institution shall ensure
     that funds granted to such institution under this section are
     used in accordance with such subsection to compensate
     (including compensation for time spent in training and travel
     directly related to civic education and participation
     activities) students employed in projects that--
       ``(A) teach civics in schools;
       ``(B) raise awareness of government functions or resources;
     or
       ``(C) increase civic participation such as in voting or
     running for elected office.
       ``(2) Priority for schools.--To the extent practicable, an
     institution shall--
       ``(A) give priority to the employment of students
     participating in projects that educate or train the public
     about evacuation, emergency response, and injury prevention
     strategies relating to natural disasters, acts of terrorism,
     and other emergency situations; and
       ``(B) ensure that any student compensated with the funds
     described in paragraph (1) receives appropriate training to
     carry out the educational services required.
       ``(3) Federal share.--The Federal share of the compensation
     of work-study students compensated under this subsection may
     exceed 75 percent.''.
       (d) Flexible Use of Funds.--Section 445 (42 U.S.C. 2755) is
     amended by adding at the end the following new subsection:
       ``(d) Flexibility in the Event of a Major Disaster.--
       ``(1) In the event of a major disaster, an eligible
     institution located in any area affected by such major
     disaster, as determined by the Secretary, may make payments
     under this part to disaster-affected students as follows:
       ``(A) For any academic year during which a major disaster
     occurs, such an eligible institution may pay wages under this
     part to disaster-affected students in an amount equal to or
     less than the amount of wages such students would have been
     paid under this part had the students been able to complete
     the work obligation necessary to receive work-study funds for
     such academic year.
       ``(B) Wages shall not be awarded to any student who, for
     the academic year during which a major disaster occurs, was
     not eligible for work-study or was not completing the work
     obligation necessary to receive work-study funds under this
     part prior to the occurrence of the major disaster.
       ``(C) Any wages awarded to disaster-affected students under
     this subsection shall meet the matching requirements outlined
     in section 443.
       ``(2) Definitions.--In this subsection:
       ``(A) The term `disaster-affected students' means students
     enrolled at an eligible institution who--
       ``(i) were receiving Federal work-study payments from such
     eligible institution for an academic year prior to the
     occurrence of a major disaster during such academic year; and
       ``(ii) were prevented from fulfilling their work-study
     obligations for such academic year due to such major
     disaster, as determined by the Secretary.
       ``(B) The term `major disaster' has the meaning given such
     term in section 102(2) of the Robert T. Stafford Disaster
     Relief and Emergency Assistance Act.''.
       Page 367, after line 3, insert the following new subsection
     (and redesignate the succeeding subsections accordingly):
       (c) Treatment of Cooperative Education Work Income.--
     Section 480(e) (20 U.S.C. 1087vv(e)) is amended--
       (1) by redesignating paragraphs (2) through (4) as
     paragraphs (3) through (5), respectively; and
       (2) by inserting after paragraph (1) the following new
     paragraph:
       ``(2) any income earned from work under a cooperative
     education program offered by an institution of higher
     education;''.
       Page 400, beginning on line 3, strike paragraphs (1)
     through page 402, line 6, and insert the following (and
     redesignate the succeeding paragraph accordingly):
       ``(1) In general.--Notwithstanding subsections (a), (c),
     and (d), in order to receive any grant or work assistance
     under section 401, subpart 3 of part A, and part C of this
     title, a student with an intellectual disability (as defined
     in section 768(2)) shall--
       ``(A) be enrolled or accepted for enrollment in a
     comprehensive transition and postsecondary education program
     for students with intellectual disabilities at an institution
     of higher education;
       ``(B) be maintaining satisfactory progress in the program
     as determined by the institution, in accordance with
     standards established by the institution; and
       ``(C) meet the requirements of paragraphs (3), (4), (5),
     and (6) of subsection (a).
       ``(2) Authority.--Notwithstanding any other provision of
     law, unless enacted with specific reference to this section,
     the Secretary is authorized to waive any statutory provision
     applicable to the student financial assistance programs under
     section 401, subpart 3 of part A, or part C of this title, or
     any institutional eligibility provisions of this title, as
     the Secretary deems necessary to ensure that programs
     enrolling students with intellectual disabilities otherwise
     determined to be eligible under this subsection may receive
     such financial assistance.
       Page 402, line 7, strike ``rules'' and insert
     ``regulations''.
       Page 405, strike lines 7 through 9 and insert the
     following:
       (a) Disclosure of Policies.--Section 485(a) (20 U.S.C.
     1092(a)) is amended--
       Page 405, after line 9, insert the following new paragraph:
       (1) in paragraph (1)--
       (A) in subparagraph (G), by striking ``program, and'';
       Page 405, beginning on line 10, redesignate paragraphs (1),
     (2), and (3) as subparagraphs (B), (C), and (D),
     respectively, and move the margins of such subparagraphs (as
     so redesignated) to the right two em spaces.
       Page 405, strike line 13 and insert ``graph (O) and
     inserting a semicolon; and''.
       Page 405, line 15, strike ``paragraph'' and insert
     ``paragraphs''.
       Page 406, line 12, strike the period, close quotation
     marks, and following period and insert ``; and'', and after
     such line insert the following new subparagraph:
       ``(Q) institutional policies regarding meningococcal
     vaccinations which may include offering the vaccinations
     through the institution at a cost to the student.''; and
       Page 406, before line 13, insert the following new
     paragraph:
       (2) by amending paragraph (4) to read as follows:
       ``(4) For purposes of this section, institutions may--
       ``(A) exclude from the information disclosed in accordance
     with subparagraph (L) of paragraph (1) the completion or
     graduation rates of students who leave school to serve in the
     Armed Forces, on official church missions, or with a
     recognized foreign aid service of the Federal Government; or
       ``(B) in cases in which the students described in
     subparagraph (A) represent 20 percent or more of the
     certificate- or degree-seeking, full-time, undergraduate
     students at an institution, the institution may recalculate
     the completion or graduation rates of

[[Page H744]]

     such students by excluding from the calculation described in
     paragraph (3) the time period during which such students were
     not enrolled due to the service described in subparagraph (A)
     of this paragraph.''.
       Page 406, beginning on line 18, strike paragraph (2)
     through page 407, line 23, and insert the following:
       (2) in subparagraph (F)(ii), by inserting after ``through
     (VIII) of clause (I)'' the following: ``, and for larceny-
     theft, simple assault, intimidation, and destruction, damage,
     or vandalism of property,''.
       Page 417, line 18, strike ``Each'' and insert the
     following:
       ``(1) Notice upon enrollment.--Each
       Page 417, line 21, strike the close quotation marks and
     following period, and after such line insert the following:
       ``(2) Notice after loss of eligibility.--Within two weeks
     of notification by the Secretary that a student has lost
     eligibility under section 484(r) for any grant, loan, or work
     assistance, an institution of higher education shall provide
     to each such student affected by the penalties listed under
     484(r)(1) a separate, clear, and conspicuous written notice
     that notifies the student of the loss of eligibility and
     advises the student of the ways in which the student can
     regain eligibility under section 484(r)(2).''.
       Page 417, before line 22, insert the following new
     subsection:
       (e) Disclosure of Athletically Related Graduation Rates.--
     Section 485(e)(3) (20 U.S.C. 1092(e)(3)) is amended to read
     as follows:
       ``(3) For purposes of this subsection, institutions may--
       ``(A) exclude from the reporting requirements under
     paragraphs (1) and (2) the completion or graduation rates of
     students and student athletes who leave school to serve in
     the Armed Forces, on official church missions, or with a
     recognized foreign aid service of the Federal Government; or
       ``(B) in cases in which the students described in
     subparagraph (A) represent 20 percent or more of the
     certificate- or degree-seeking, full-time, undergraduate
     students at an institution, the institution may calculate the
     completion or graduation rates of such students by excluding
     from the calculations described in paragraph (1) the time
     period during which such students were not enrolled due to
     the service described in subparagraph (A) of this
     paragraph.''.
       Page 418, line 4, strike ``requirements'' and insert
     ``established''.
       Page 418, beginning on line 12, strike ``, and on the
     application materials of such institutions''.
       Page 418, line 18, insert ``and'' after the semicolon;
     strike lines 19 through 21; and redesignate the succeeding
     subparagraphs accordingly.
       Page 419, beginning on line 4, strike ``limit the'' and all
     that follows through line 5 and insert ``authorize the
     Secretary to require particular policies, procedures, or
     practices by institutions of higher education with respect to
     articulation agreements.''.
       Page 419, beginning on line 10, strike ``, including
     private nonprofit and for-profit institutions''.
       Page 420, line 24, after ``degree'' insert ``or program''.
       Page 430, beginning on line 6, strike clause (i) and insert
     the following new clauses (and redesignate the succeeding
     clause accordingly):
       ``(i) in the case of loans made by an institution, for each
     of the institution's fiscal years 2009 through 2012, the
     principal amount of loans made by the institution, based on
     the expected interest earned less the estimated amount to
     account for future defaults and loan forgiveness accounted
     for on an accrual basis, in accordance with Generally
     Accepted Accounting Principles and related standards and
     guidance, if the loans are bona fide as evidenced by
     enforceable promissory notes, are issued at intervals related
     to the institution's enrollment periods, and are subject to
     regular loan repayments and collections;
       ``(ii) in the case of loans made by an institution, for the
     institution's fiscal year 2013 and each of the institution's
     subsequent fiscal years, only the amount of loan repayments
     received during the fiscal year; and
       Page 435, after line 10, insert the following new
     subsection:
       (f) Institutional Certifications for Private Educational
     Loans.--Section 487(a) is further amended by adding at the
     end the following new paragraph:
       ``(29)(A) The institution will--
       ``(i) upon the request of a private educational lender,
     acting in connection with an application initiated by a
     consumer for a private educational loan, provide
     certification to such private educational lender--

       ``(I) that the student who initiated the application for
     the private educational loan, or on whose behalf the
     application was initiated, is enrolled or is scheduled to
     enroll at the institution;
       ``(II) of the student's cost of attendance at the
     institution as determined under part F of this title; and
       ``(III) of the difference between the cost of attendance of
     the institution and the student's estimated financial
     assistance received under this title and other assistance
     known to the institution;

       ``(ii) disclose a borrower's ability to select a private
     educational lender of the borrower's choice; and
       ``(iii) inform students about the impact of a proposed
     private educational loan on the students' potential
     eligibility for other financial assistance, including Federal
     financial assistance under this title.
       ``(B) For purposes of this paragraph, the terms `private
     educational lender' and `private educational loan' have the
     meanings given in section 140 of the Truth in Lending Act (15
     U.S.C. 1631 et seq.).''.
       Page 437, after line 12, insert the following new section
     (and redesignate the succeeding sections accordingly):

     SEC. 492. TRANSFER OF ALLOTMENTS.

       Section 488 (20 U.S.C. 1095) is amended by striking
     ``section 413D.'' and inserting ``section 413D or 462 (or
     both).''.
       Page 443, line 2, after ``graph'' insert ``, nor shall the
     agency or association be required to obtain the approval of
     the Secretary to expand its scope of accreditation to include
     distance education, provided that the agency or association
     notifies the Secretary in writing of the change in scope''.
       Page 443, after line 9, insert the following new
     subparagraph (and redesignate the succeeding subparagraphs
     accordingly):
       (B) in paragraph (5), by amending subparagraph (A) to read
     as follows:
       ``(A) success with respect to student achievement in
     relation the institution's mission, which may include
     different standards for different institutions or programs,
     as established by the institution, including, as appropriate,
     consideration of State licensing examinations, consideration
     of course completion, and job placement rates;'';
       Page 447, after line 9, insert the following new subsection
     (and redesignate the succeeding subsection accordingly):
       (b) Rule of Construction.--Section 496 is further amended
     by adding at the end the following new subsection:
       ``(p) Rule of Construction.--Nothing in subsection (a)(5)
     of this section shall restrict the authority of--
       ``(1) an accrediting agency or association to set, with the
     involvement of its members, and to apply accreditation
     standards to institutions or programs that seek review by the
     agency or association; or
       ``(2) an institution to develop and use institutional
     standards to show its success with respect to student
     achievement, which shall be considered as part of any
     accreditation review.''.

       Page 481, beginning on line 24, strike subsection (e)
     through page 482, line 2, and redesignate the succeeding
     subsection accordingly.
       Page 492, line 14, strike ``subpart 5'' and insert
     ``subpart 6''; line 17, strike ``THROUGH 4'' and insert
     ``THROUGH 5''; line 20, strike ``through 4'' and insert
     ``through 5''; and line 23, strike ``or 4'' and insert ``4,
     or 5''.
       Page 502, after line 23, insert the following new section
     (and redesignate the succeeding sections accordingly):

     SEC. 705. MASTERS DEGREES PROGRAMS AT HISTORICALLY BLACK
                   COLLEGES AND UNIVERSITIES AND OTHER MINORITY
                   SERVING INSTITUTIONS.

       Part A of title VII (20 U.S.C. 1134) is further amended by
     inserting after subpart 4 (as added by section 704 of this
     Act) the following subpart:

 ``Subpart 5--Masters Degrees Programs at Historically Black Colleges
        and Universities and Other Minority Serving Institutions

     ``SEC. 723. GRANTS TO ACADEMIC DEPARTMENTS AND PROGRAMS AT
                   ELIGIBLE INSTITUTIONS.

       ``(a) Grant Authority.--
       ``(1) In general.--From the amounts appropriated under
     subsection (g), the Secretary shall make grants to graduate
     academic departments, programs, and other academic units at
     historically Black colleges and universities and other
     minority-serving institutions that provide qualified courses
     of study leading to a degree in a qualified masters degree
     program described in subsection (d)(1)(B). Such grants shall
     be used to make fellowship awards to eligible students and
     may be combined with matching grants from non-Federal sources
     to strengthen qualified masters degree programs.
       ``(2) Additional grants.--From the amounts appropriated
     under subsection (g), The Secretary may also make grants to
     consortia and cooperative arrangements among eligible
     institutions that submit joint proposals, and have formal
     arrangements designed to fulfill the purposes of this
     subpart.
       ``(b) Award and Duration of Grants.--
       ``(1) Awards.--The Secretary shall make awards to
     institutions that are eligible under subsection (d) and that
     submit an application to the Secretary in accordance with
     subsection (c). Awards shall be based on the following
     criteria:
       ``(A) The number of students enrolled in the masters degree
     program.
       ``(B) The number of students who earned such degrees in the
     previous year from the program for which the eligible
     institution is seeking funds.
       ``(C) The average cost of education per student, for all
     full-time masters degree students enrolled in the qualified
     masters degree program.
       ``(D) The quality of the academic program at the
     institution.
       ``(E) The quality of the application submitted by the
     institution or consortium.
       ``(2) Duration and amount.--
       ``(A) Duration.--The Secretary shall award a grant under
     this subpart for a period of 5 years, which may be renewed
     for an additional 5 years consistent with subsection (c).

[[Page H745]]

       ``(B) Amount.--The Secretary shall award a grant to an
     academic department, program, or consortium at an eligible
     institution of higher education under this subpart for a
     fiscal year in an amount that is not less than $100,000, and
     not greater than $750,000.
       ``(c) Application.--
       ``(1) Contents of applications.--An institution that is
     eligible under subsection (d) that seeks a grant under this
     subpart shall submit an application to the Secretary at such
     time, in such manner, and accompanied by such information as
     the Secretary may require. The application shall include--
       ``(A) a description of the qualified masters degree program
     or programs that the institution intends to provide
     fellowship awards to, including the number of student awards
     to be made;
       ``(B) a budget describing the amount of the fellowship
     awards to students for 2 successive academic years, based on
     the academic progress of such students and the cost of
     attendance at the eligible institution, except that in no
     instance shall a graduate student receive a fellowship in
     excess of the award level provided for such students by the
     National Science Foundation;
       ``(C) a budget for stipends to students who are awarded
     fellowships under this subpart in order to encourage highly
     qualified students to pursue graduate study for the purposes
     described in this part; and
       ``(D) a description of activities to be undertaken with
     institutional, private foundation, or State matching funds
     that will be used to contribute to the increased production
     of minority masters degree candidates.
       ``(2) Preference to continuing grant recipients.--
       ``(A) In general.--The Secretary shall make initial grant
     awards consistent with the criteria in subsection (b)(1), and
     shall renew such awards if the grantee demonstrates success
     in satisfying the criteria in subparagraphs (A) and (B) of
     such subsection by increasing the number of African Americans
     and other minorities earning masters degrees at the
     institution based on benchmarks established by the Secretary.
       ``(B) Ratable reduction.--To the extent that appropriations
     are insufficient to comply with subparagraph (A) and
     subsection (b)(2)(B), available funds shall be distributed by
     ratably reducing the amounts required to be awarded under
     subsection (b)(2)(B).
       ``(d) Institutional Eligibility.--
       ``(1) Qualified masters degree programs.--
       ``(A) In general.--To be eligible to apply for a grant
     under this part, an applicant shall be an academic
     department, program, or unit at an institution of higher
     education that is within the meaning of the term `part B
     institution' as defined in section 322(2), that offers a
     qualified masters degree program, and that is specifically
     enumerated in paragraph (2), or a consortium of such
     institutions.
       ``(B) Qualified masters degree program.--For purposes of
     this subpart, the term `qualified masters degree program'
     means a program of study leading to a masters degree in the
     physical or natural sciences, mathematics, engineering,
     computer science, information technology, nursing, allied
     health, or related scientific or health field identified by
     the Secretary.
       ``(C) Limitation.--No department, program, or unit shall be
     eligible to apply unless the qualified masters degree program
     has been in existence and awarded such degrees for at least
     four years.
       ``(2) Enumerated institutions.--For purposes of paragraph
     (1)(A), the institutions enumerated in this paragraph are--
       ``(A) Albany State University;
       ``(B) Alcorn State University;
       ``(C) Chicago State University;
       ``(D) Columbia Union College;
       ``(E) Coppin State University;
       ``(F) Elizabeth City State University;
       ``(G) Fayetteville State University;
       ``(H) Fisk University;
       ``(I) Fort Valley State University;
       ``(J) Grambling State University;
       ``(K) Kentucky State University;
       ``(L) Long Island University, Brooklyn campus;
       ``(M) Mississippi Valley State University;
       ``(N) Robert Morris College;
       ``(O) Savannah State University;
       ``(P) South Carolina State University;
       ``(Q) University of Arkansas, Pine Bluff;
       ``(R) Virginia State University;
       ``(S) West Virginia Sate University;
       ``(T) Winston-Salem State University; and
       ``(U) York College, The City University of New York.
       ``(3) Limitation.--No institution that is eligible for and
     receives an award under section 326 for a fiscal year shall
     be eligible to apply for, or receive funds under this subpart
     for the same fiscal year.
       ``(e) Matching Funds Rule.--Each eligible institution or
     consortium that receives an award under this subpart, may
     elect to use up to 25 percent of the total grant to carry out
     activities designed to strengthen its qualified masters
     degree program. An institution that elects to use funds for
     strengthening a qualified masters degree program shall
     provide an equal amount for such purpose from institutional,
     private foundation, or State sources. Matching funds must
     supplement, not supplant, existing resources available at the
     time of the Secretary's award.
       ``(f) Uses of Funds.--Funds made available under this
     section shall be used in accordance with the application
     under subsection (c).
       ``(g) Authorization of Appropriations.--There are
     authorized to be appropriated $25,000,000 for fiscal year
     2009 and such sums as may be necessary for each of the 4
     succeeding fiscal years.''.
       Page 510, strike lines 4 through 9 and insert ``shall be
     $5,000.''.
       Page 513, line 15, strike the close quotation marks and
     following period, and after line 15 insert the following new
     paragraph:
       ``(6) Establishment of centers to incorporate education in
     quality and safety into the preparation of medical and
     nursing students, through grants to medical schools, nursing
     schools, and osteopathic schools. Such grants shall be used
     to assist in providing courses of instruction that
     specifically equip students to understand the causes and
     remedies for medical error, medically-induced patient
     injuries and complications, and other defects in medical
     care; engage effectively in personal and systemic efforts to
     continually reduce medical harm; and improve patient care and
     outcomes, as recommended by the Institute of Medicine.''.
       Page 521, line 13, strike ``The Secretary'' and insert
     ``The Office of Postsecondary Education''.
       Page 522, line 10, strike ``disabilities,'' and insert
     ``disabilities and''; and on line 11, strike ``, and
     disability support service personnel''.
       Page 523, line 19, strike ``or'' and insert ``and''.
       Page 524, line 3, strike ``and maintaining'' and insert ``,
     maintaining, and updating''.
       Page 524, line 5, after ``education,'' insert ``or for
     expanding and updating an existing database of disabilities
     support services information with respect to institutions of
     higher education,''.
       Page 524, line 9, after ``shall include'' insert
     ``available''.
       Page 524, beginning on line 21, strike paragraph (4) and
     insert the following:
       ``(4) Professional standards for disability support
     personnel.--The Center shall work with organizations and
     individuals with proven expertise related to disability
     support services for postsecondary students with disabilities
     to consolidate, evaluate, improve upon, and disseminate
     information related to professional standards and best
     practices for disability support services personnel and
     offices in institutions of higher education.
       Page 525, line 4, strike ``The Center'' and insert ``Not
     later than 3 years after the establishment of the Center, and
     every 2 years thereafter, the Center''.
       Page 525, strike line 5, and insert ``prepare and
     disseminate a report to Congress and the Secretary
     analyzing''.
       Page 525, line 9, strike ``ths'' and insert ``this'', on
     line 10, insert ``annual'' before ``enrollment'', and on line
     12, insert before the semicolon the following: ``from
     existing data''.
       Page 526, beginning on line 1, strike ``Such personnel''
     and all that follows through line 5.
       Page 542, line 13, strike ``The'' and insert ``Not later
     than 3 years after the date of the first grant award under
     this section, the''.
       Page 542, strike line 14 and insert ``mit to Congress a
     report that''.
       Page 544, beginning on line 13, strike section 768 and
     insert the following:

     ``SEC. 768. DEFINITIONS.

       ``In this Act:
       ``(1) Comprehensive transition and postsecondary program
     for students with intellectual disabilities.--The term
     `comprehensive transition and postsecondary program for
     students with intellectual disabilities' means a degree,
     certificate, or nondegree program that is--
       ``(A) offered by an institution of higher education;
       ``(B) designed to support students with an intellectual
     disability who are seeking to continue academic, vocational,
     and independent living instruction at an institution of
     higher education in order to prepare for gainful employment
     and independent living;
       ``(C) includes an advising and curriculum structure; and
       ``(D) requires students to participate on at least a half-
     time basis, as determined by the institution, with such
     participation focusing on academic components such as
     reading, language arts, or math, and occurring through a
     combination of one or more of the following activities:
       ``(i) Regular enrollment in courses offered by the
     institution.
       ``(ii) Auditing or participating in courses offered by the
     institution for which the student does not receive regular
     academic credit.
       ``(iii) Enrollment in noncredit, nondegree courses.
       ``(iv) Participation in internships or apprenticeships.
       ``(2) Student with an intellectual disability.--The term
     `student with an intellectual disability' means a student who
     is--
       ``(A) an individual whose mental retardation or other
     significant cognitive impairment substantially impacts the
     individual's intellectual and cognitive functioning; and
       ``(B)(i) a student eligible for assistance under the
     Individuals with Disabilities Education Act who has completed
     secondary school; or
       ``(ii) an individual who was, but is no longer, eligible
     for assistance under the Individuals with Disabilities
     Education Act because the individual has exceeded the maximum
     age for which the State in which the student resides provides
     a free appropriate public education.

[[Page H746]]

       Page 545, lines 7, 18, 20, and 22, strike ``Secretary'' and
     insert ``Office of Postsecondary Education''.
       Page 545, beginning on line 24, strike paragraph (1) and
     insert the following:
       ``(1) are located in geographically diverse, underserved
     areas; or
       Page 548, beginning on line 21, strike ``Not later'' and
     all that follows through ``Secretary'' on line 23, and insert
     ``Not later than 5 years after the date of the first grant
     award under this section, the Office of Postsecondary
     Education''.
       Page 549, line 7, strike ``ACCREDITATION''.
       Page 549, line 9, strike ``Secretary'' and insert ``Office
     of Postsecondary Education''.
       Page 549, line 13, after ``and'' insert ``recommendations
     related to the''.
       Page 549, lines 14 and 24, strike ``model''.
       Page 550, strike line 17 and all that follows through page
     551, line 7; on page 551, beginning on line 8, redesignate
     subparagraph (B) and clauses (i) through (v) thereof as
     paragraph (5) and subparagraphs (A) through (E),
     respectively; and move such redesignate paragraph 2 em spaces
     to the left.
       Page 552, line 6, strike ``and''; on line 8, strike the
     period and insert ``; and''; and after line 8, insert the
     following (and redesignate the succeeding subsection
     accordingly):
       ``(10) convene a workgroup to develop recommendations on
     criteria, standards, and components of such programs as
     described in paragraph (5), to include the participation of--
       ``(A) an expert in higher education;
       ``(B) an expert in special education;
       ``(C) a disability organization that represents students
     with intellectual disabilities; and
       ``(D) a national, State, or regional accrediting agency or
     association recognized by the Secretary under subpart 2 of
     part H of title IV.
       ``(c) Report.--No later than 5 years after the date of the
     establishment of the coordinating center under this section,
     such center shall report to the Secretary, the Congress, and
     the National Advisory Committee on Institutional Quality and
     Integrity on the recommendations of the workgroup described
     in subsection (b)(10).
       Page 553, line 16, strike ``section 435(d)(5)(J)'' and
     insert ``section 435(j)''.
       Page 554, line 18, after ``program students'' insert ``, in
     each of the institution's nursing programs (associate,
     baccalaureate, or advanced nursing degree program),''.
       Page 554, line 23, after ``average number'' insert ``in
     each of the institution's nursing programs''.
       Page 557, beginning on line 18, strike ``fund release time
     for qualified nurse employees, so that'' and insert ``ensure
     that''.
       Page 559, line 6, after ``higher education'' insert the
     following: ``, including institutions providing alternative
     methods of delivery of instruction in addition to on-site
     learning''.
       Page 560, line 2, after ``technologies'' insert the
     following: ``and to expand methods of delivery of instruction
     to include alternatives in addition to on-site learning''.
       Page 560, line 22, after ``program'' insert the following:
     ``if the program requires a clinical site''.
       Page 560, line 24, insert ``at least'' before ``a''.
       Page 561, line 2, insert ``at least'' before ``a''.
       Page 561, line 4, strike ``class schedule'' and insert
     ``program requirements, as necessary''.
       Page 563, after line 3, insert the following new paragraph
     (and redesignate the succeeding paragraphs accordingly):
       ``(3) the provision of accommodations for students with
     disabilities on college entrance and graduate admissions
     tests, including--
       ``(A) the frequency of, and approval rate for,
     accommodations requests;
       ``(B) documentation requirements for accommodations
     requests and criteria used to determine if an accommodation
     is appropriate; and
       ``(C) challenges facing students in accessing reasonable
     accommodations on such tests;''.
       Page 565, line 10, strike ``Competitive''; and on line 12,
     strike ``on a competitive basis''.
       Page 565, line 14, strike ``year,'' and insert ``year
     (A)''; and on line 19, insert before the period the
     following: ``; (B) are public institutions of higher
     education that have a net tuition that is in the lowest
     quartile of comparable institutions; or (C) are public
     institutions of higher education that have a tuition increase
     of less than $500 for a full-time undergraduate student''.
       Page 565, line 18, on page 567, line 8, and on page 568,
     line 2 and line 13, strike ``higher'' and insert
     ``postsecondary''.
       Page 566, beginning on line 18, strike paragraphs (2) and
     (3) through page 568, line 6, and insert the following:
       ``(2) 4-year institutions.--An institution of higher
     education that provides a program of instruction for which it
     awards a bachelor's degree complies with the requirements of
     this paragraph if--
       ``(A) for a public institution of higher education, such
     institution's tuition is in the lowest quartile of comparable
     institutions; or
       ``(B) for any institution of higher education, such
     institution guarantees that for any academic year (or the
     equivalent) beginning on or after July 1, 2008, and for each
     of the 4 succeeding continuous academic years, the net
     tuition charged to an undergraduate student will not exceed--
       ``(i) for a public institution of higher education, $500
     per year for a full-time undergraduate student; or
       ``(ii) for any other institution of higher education--

       ``(I) the amount that the student was charged for an
     academic year at the time he or she first enrolled in the
     institution of higher education, plus
       ``(II) the product of the percentage increase in the higher
     education price index for the prior academic year, or the
     most recent prior academic year for which data is available,
     multiplied by the amount determined under subclause (I).

       ``(3) Less-than 4-year institutions.--An institution of
     higher education that does not provide a program of
     instruction for which it awards a bachelor's degree complies
     with the requirements of this paragraph if--
       ``(A) for a public institution of higher education, such
     institution's tuition is in the lowest quartile of comparable
     institutions; or
       ``(B) for any institution of higher education, such
     institution guarantees that for any academic year (or the
     equivalent) beginning on or after July 1, 2008, and for each
     of the 1.5 succeeding continuous academic years, the net
     tuition charged to an undergraduate student will not exceed--
       ``(i) for a public institution of higher education, $500
     per year for a full-time undergraduate student; or
       ``(ii) for any other institution of higher education--

       ``(I) the amount that the student was charged for an
     academic year at the time he or she first enrolled in the
     institution of higher education, plus
       ``(II) the product of the percentage increase in the higher
     education price index for the prior academic year, or the
     most recent prior academic year for which data is available,
     multiplied by the amount determined under subclause (I).

       Page 568, line 14, after ``year,'' insert ``and, with
     respect to any public institution of higher education, has a
     tuition that is not in the lowest quartile of comparable
     institutions''.
       Page 569, beginning on line 20, strike paragraph (2) and
     insert the following:
       ``(2) Postsecondary education price index.--The term
     `postsecondary education price index' means the postsecondary
     education price index developed pursuant to section 133(i).
       Page 604, line 22, strike ``contract with'' and insert
     ``award a grant to''.

       Page 623, line 23, strike ``and''; page 624, line 5, strike
     the period and insert ``; and''; and after line 5, insert the
     following subparagraph:
       ``(E) acquisition and installation of access control, video
     surveillance, intrusion detection, and perimeter security
     technologies and systems.
       Page 626, line 2, insert ``natural or man-made'' after
     ``event of a''.
       Page 632, line 22, strike ``education'' and insert
     ``educational''; and line 23, strike ``education'' and insert
     ``educational''.
       Page 633, line 1, strike ``all of the schools of which
     meet'' and insert ``that is designated with''.
       Page 633, line 13, strike ``or less than part-time''.
       Page 633, line 22, insert before the period ``or the
     recognized equivalent of such a diploma''.
       Page 638, after line 8, insert the following new
     subsection:
       ``(d) Preference in Selection.--In determining which
     applications to approve for a grant under this section, the
     Secretary shall give priority to applications from
     partnerships that include one or more regional employers that
     are located in a rural area.
       Page 646, line 19, page 647, line 7 and line 18, page 648,
     line 17, page 651, line 17 and line 21, page 652, line 11 and
     line 23, and page 653, line 22, strike ``Commerce'' and
     insert ``Education''.
       Page 658, line 19, after ``Secretary'' insert ``, in
     consultation with the Administrator of the Environmental
     Protection Agency,''.
       Page 664, line 4, after ``Education'' insert ``, in
     consultation with the Administrator of the Environmental
     Protection Agency,''.
       Page 667, line 18, strike ``and'' after the semicolon; line
     20, strike the period and insert ``; and''; and after line
     20, insert the following:
       ``(F) the Office of Science and Technology Policy.
       Page 675, line 7, strike ``an institution'' and insert
     ``one or more institutions''.
       Page 675, after line 23, insert the following new
     paragraph:
       ``(3) Existing partnerships.--Nothing in this subsection
     shall be construed to prohibit a partnership that is in
     existence on the date of enactment of this section from
     applying for a grant under this section.
       Page 689, line 22, strike ``10 years'' and insert ``20
     years''.
       Page 695, line 10, strike ``Such'' and insert ``The
     initial''.
       Page 695, line 11, after ``Education'' insert ``from a list
     of recommendations received from the House of Representatives
     and the Senate''.
       Page 696, line 3, strike ``may use Trust funds'' and insert
     ``shall use Trust funds to support research that is in the
     public interest but that is unlikely to be undertaken
     entirely with private funds''.
       Page 696, line 4, strike ``basic'' and insert
     ``precompetitive''.

[[Page H747]]

       Page 696, beginning on line 5, strike ``demonstrations of
     innovative learning and assessment systems'' and insert
     ``demonstrations, and assessments of prototypes of innovative
     digital learning and information technologies''.
       Page 696, line 8, before ``testing'' insert ``pilot'', and
     line 9, strike ``systems; and'' and insert ``prototype
     systems;''.
       Page 696, line 11, strike ``effective approaches to
     learning.'' and insert ``effective, innovative digital
     approaches to learning supported by this Act; and''.
       Page 696, after line 11, insert the following:
       (D) to support innovative digital media education programs
     for parents, teachers, and children to help children in the
     United States learn digital safety and build technology
     literacy.
       Page 696, line 20, strike ``(with or without private
     partners)'' and insert ``with or without for-profit partners,
     and to for-profit organizations'', and
       Page 700, after line 13, insert the following new sections:

     SEC. 814. STUDY ON REGIONAL SENSITIVITY IN THE NEEDS ANALYSIS
                   FORMULA.

       (a) Study.--The Comptroller General shall conduct a study
     to review the methodology that is used to determine the
     expected family contribution under part F of title IV of the
     Higher Education Act of 1965.
       (b) Study Components.--The study conducted under subsection
     (a) shall identify and evaluate the need analysis formula
     under part F of title IV of the Higher Education Act of 1965
     and examine the need for regional sensitivity in need
     analysis. The study shall include--
       (1) the factors that are used to determine a student's
     expected family contribution under part F of title IV of the
     Higher Education Act;
       (2) the varying allowances that are made in calculating the
     expected family contribution;
       (3) the effects of the income protection allowance on all
     aid recipients; and
       (4) options for modifying the income protection allowance
     to reflect the significant differences in the cost of living
     in various parts of the United States.
       (c) Report.--Not later than one year after the date of
     enactment of this Act, Comptroller General shall report to
     the authorizing committees (as such term is defined in
     section 103 of the Higher Education Act of 1965 (20 U.S.C.
     1003)) on the results of the study conducted under this
     section.

     SEC. 815. DYSLEXIA STUDY.

       (a) Independent Evaluation.--The Secretary of Education
     shall enter into an agreement with the Center for Education
     of the National Academy of Sciences for a scientifically
     based study of the quality of teacher education programs, to
     determine if teachers are adequately prepared to meet the
     needs of students with reading and language processing
     challenges, including dyslexia. Such study shall--
       (1) establish the prevalence of dyslexia and other
     processing difficulties in the general population by
     conducting a review of existing research and available
     relevant data; and
       (2) conduct a survey of institutions of higher education to
     provide data on the extent to which teacher education
     programs are based on the essential components of reading
     instruction and scientifically valid research.
       (b) Components.--The study conducted under subsection (a)
     shall be designed to provide statistically reliable
     information on--
       (1) the number, type of courses, and credit hours required
     to meet the requirements of the reading degree programs; and
       (2) the extent to which the content of the reading degree
     programs are based on--
       (A) the essentials of reading instruction and
     scientifically valid research, including phonemic awareness,
     phonics, fluency, vocabulary, and comprehension; and
       (B) early intervention strategies based on scientific
     evidence concerning challenges to the development of language
     processing capacity, specifically dyslexia, and the extent to
     which such strategies are effective in preventing reading
     failure before it occurs.
       (c) 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.
       (d) Interim and Final Reports.--The National Academy of
     Sciences shall submit to the Secretary of Education, the
     Committee on Health, Education, Labor and Pensions of the
     Senate, and the Committee on Education and Labor of the House
     of Representatives--
       (1) an interim report regarding the study under subsection
     (a) not later than 9 months after the award of the contract
     to the Center for Education, as specified in this Act; and
       (2) a final report summarizing the findings, conclusions,
     and recommendations of such study not later than 18 months
     after the award of such contract.
       (e) Task Force.--
       (1) Establishment.--Upon completion of the final report
     under subsection (d)(2), the Secretary of Education shall
     assemble a task force to make policy recommendations
     regarding the findings of the report to the Secretary.
       (2) Membership.--The membership of the task force under
     this subsection shall include chief State school officers,
     State reading consultants, a panel of master teachers,
     national reading experts, and researchers with expertise in
     the relevant fields.
       (3) Public hearings.--The task force under this subsection
     shall hold public hearings to provide an opportunity for
     public comment on the results of the findings of the task
     force.

     SEC. 816. STUDY AND REPORT ON BORROWER REPAYMENT PLANS.

       (a) Study.--The Secretary of Education shall conduct a
     study--
       (1) on the impact of the standard 10-year student loan
     repayment term on the ability of undergraduate borrowers in
     low-income areas, including Puerto Rico, to repay their loans
     made under title IV, part B, of the Higher Education Act of
     1965; and
       (2) to examine the extent to which longer payment terms
     would assist borrowers in such low-income areas in reducing
     their monthly loan payments.
       (b) Report.--Not later than 1 year after the date of
     enactment of this title, the Secretary shall submit a report
     to Congress on the results of the study required by this
     section.

     SEC. 817. NURSING SCHOOL CAPACITY.

       (a) Findings.--The Congress finds as follows:
       (1) Researchers in the field of public health have
     identified the need for a national study to identify
     constraints encountered by schools of nursing in graduating
     the number of nurses sufficient to meet the health care needs
     of the United States.
       (2) The shortage of qualified registered nurses has
     adversely affected the health care system of the United
     States.
       (3) Individual States have had varying degrees of success
     with programs designed to increase the recruitment and
     retention of nurses.
       (4) Schools of nursing have been unable to provide a
     sufficient number of qualified graduates to meet the
     workforce needs.
       (5) Many nurses are approaching the age of retirement, and
     the problem worsens each year.
       (6) In 2004, an estimated 125,000 applications from
     qualified applicants were rejected by schools of nursing, due
     to a shortage of faculty and a lack of capacity for
     additional students.
       (b) Study With Respect to Constraints With Respect to
     Schools of Nursing.--
       (1) In general.--The Secretary shall request the Institute
     of Medicine of the National Academy of Sciences to enter into
     an agreement under which the Institute conducts a study for
     the purpose of--
       (A) identifying constraints encountered by schools of
     nursing in admitting and graduating the number of registered
     nurses necessary to ensure patient safety and meet the need
     for quality assurance in the provision of health care; and
       (B) developing recommendations to alleviate the constraints
     on a short-term and long-term basis.
       (2) Certain components.--The Secretary shall ensure that
     the agreement under paragraph (1) provides that the study
     under such subsection will include information on the
     following:
       (A) The trends in applications for attendance at schools of
     nursing that are relevant to the purpose described in such
     subsection, including trends regarding applicants who are
     accepted for enrollment and applicants who are not accepted,
     particularly qualified applicants who are not accepted.
       (B) The number and demographic characteristics of entry-
     level and graduate students currently enrolled in schools of
     nursing, the retention rates at the schools, and the number
     of recent graduates from the schools, as compared to previous
     years and to the projected need for registered nurses based
     on two-year, five-year, and ten-year projections.
       (C) The number and demographic characteristics of nurses
     who pursue graduate education in nursing and non-nursing
     programs but do not pursue faculty positions in schools of
     nursing, the reasons therefor, including any regulatory
     barriers to choosing to pursue such positions, and the effect
     of such decisions on the ability of the schools to obtain
     adequate numbers of faculty members.
       (D) The extent to which entry-level graduates of the
     schools are satisfied with their educational preparation,
     including their participation in nurse externships,
     internships, and residency programs, and to which they are
     able to effectively transition into the nursing workforce.
       (E) The satisfaction of nurse managers and administrators
     with respect to the preparation and performance levels of
     entry-level graduates from the schools after one year, three
     years, and five years of practice, respectively.
       (F) The extent to which the current salary, benefit
     structures, and characteristics of the workplace, including
     the number of nurses who are presently serving in faculty
     positions, influence the career path of nurses who have
     pursued graduate education.
       (G) The extent to which the use of innovative technologies
     for didactic and clinical nursing education might provide for
     an increase in the ability of schools of nursing to train
     qualified nurses.
       (3) Recommendations.--Recommendations under paragraph
     (2)(B) may include recommendations for legislative or
     administrative changes at the Federal or State level, and
     measures that can be taken in the private sector--
       (A) to facilitate the recruitment of students into the
     nursing profession;

[[Page H748]]

       (B) to facilitate the retention of nurses in the workplace;
     and
       (C) to improve the resources and ability of the education
     and health care systems to prepare a sufficient number of
     qualified registered nurses.
       (4) Methodology of study.--
       (A) Scope.--The Secretary shall ensure that the agreement
     under paragraph (1) provides that the study under such
     subsection will consider the perspectives of nurses and
     physicians in each of the various types of inpatient,
     outpatient, and residential facilities in the health care
     delivery system; faculty and administrators of schools of
     nursing; providers of health plans or health insurance; and
     consumers.
       (B) Consultation with relevant organization.--The Secretary
     shall ensure that the agreement under paragraph (1) provides
     that relevant agencies and organizations with expertise on
     the nursing shortage will be consulted with respect to the
     study under such subsection, including but not limited to the
     following:
       (i) The Agency for Healthcare Research and Quality.
       (ii) The American Academy of Nursing.
       (iii) The American Association of Colleges of Nursing.
       (iv) The American Nurses Association.
       (v) The American Organization of Nurse Executives.
       (vi) The National Institute of Nursing Research.
       (vii) The National League for Nursing.
       (viii) The National Organization for Associate Degree
     Nursing.
       (ix) The National Student Nurses Association.
       (5) Report.--The Secretary shall ensure that the agreement
     under paragraph (1) provides that not later than 18 months
     after the date of the enactment of this section, a report
     providing the findings and recommendations made in the study
     under such subsection will be submitted to the Secretary, the
     Committee on Energy and Commerce of the House of
     Representatives, and the Committee on Health, Education,
     Labor, and Pensions of the Senate.
       (6) Other organization.--If the Institute declines to
     conduct the study under paragraph (1), the Secretary may
     enter into an agreement with another appropriate private
     entity to conduct the study.
       (c) Definitions.--For purposes of this section:
       (1) The term ``Institute'' means the Institute of Medicine
     of the National Academy of Sciences.
       (2)(A) The term ``school of nursing'' means a collegiate,
     associate degree, or diploma school of nursing in a State.
       (B) The terms ``collegiate school of nursing'', ``associate
     degree school of nursing'', and ``diploma school of nursing''
     have the meanings given to such terms in section 801 of the
     Public Health Service Act.
       (3) The term ``Secretary'' means the Secretary of
     Education.

     SEC. 818. STUDY OF THE IMPACT OF STUDENT LOAN DEBT ON PUBLIC
                   SERVICE.

       (a) Study.--The Secretary of Education, in consultation
     with the Office of Management and Budget, is authorized to
     coordinate with an organization with expertise in the field
     of public service, such as the National Academy of Public
     Administrators or the American Society for Public
     Administration, to coordinate with interested parties to
     conduct a study of how student loan debt levels impact the
     decisions of graduates of postsecondary and graduate
     education programs to enter into public service careers. Such
     study shall include--
       (1) an assessment of the challenges to recruiting and
     retaining well-qualified public servants, including the
     impact of student loan debt;
       (2) an evaluation of existing Federal programs to recruit
     and retain well-qualified public servants;
       (3) an evaluation of whether additional Federal programs
     could increase the number of graduates of postsecondary and
     graduate education programs who enter careers in public
     service; and
       (4) recommendations related to any potential pilot
     programs, including an academy for public service, that could
     be used to encourage new graduates of postsecondary and
     graduate education programs to enter public service careers.
       (b) Report.--Not later than one year after the date of the
     enactment of this Act, the Secretary of Education, in
     consultation with the Office of Management and Budget, shall
     submit to Congress a report related to the findings of the
     study conducted under subsection (a).
       Page 701, line 20, strike ``(I)''; on page 702, line 2,
     strike ``or'' and insert ``and''; and strike lines 3 and 4.
       Page 702, strike lines 13 through 19 and insert the
     following: ``by the State that has adopted and implemented
     the standards and assessments selected under subparagraph
     (A)(i); and''.
       Page 703, beginning on line 19, strike subparagraph (A)
     through page 704, line 3, and insert the following:
       (A) in paragraph (1), by striking the second sentence;
       Page 704, beginning on line 9, strike ``Rochester Institute
     of Technology'' and insert ``institution of higher
     education''.
       Page 706, strike lines 14 through 17 and insert the
     following:
       (4) in paragraph (3)(B), by striking ``of the institution
     of higher education'' and all that follows through ``section
     203'' and inserting ``of NTID programs and activities''.
       Page 708, line 16, strike ``NTID or the University and''
     and insert ``the University or the NTID,''; and on line 17,
     after ``United States'' insert ``, and are not enrolled in a
     degree program at the University or the NTID''.
       Page 709, line 16, before the period insert the following:
     ``, or a country that was a developing country for any
     academic year during the student's period of uninterrupted
     enrollment in a degree program at the University or NTID,
     except that such a surcharge shall not be adjusted
     retroactively''.
       Page 710, line 20, strike ``$4,825'' and insert ``$5,345''.
       Page 710, lines 20 and 22, strike ``1999'' and insert
     ``2005''.
       Page 730, line 16, strike ``or Federal''.
       Page 730, beginning on line 23, strike ``, and to the
     Federal Bureau of Prisons,''.
       Page 731, line 14, and page 734, beginning on lines 4 and
     18, strike ``and the Federal Bureau of Prisons''.
       Page 731, beginning on line 19, and page 732, line 14,
     strike ``or the Federal Bureau of Prisons''.
       Page 733, lines 13 and 16, strike ``and Federal''.
       Page 733, beginning on line 22, strike ``and Federal Bureau
     of Prisons entity''.
       Page 735, line 4, strike ``, the Federal Bureau of
     Prisons,''.
       Page 735, beginning on line 17, strike subsections (g) and
     (h) through page 736, line 13, and insert the following (and
     redesignate the succeeding subsection accordingly):
       ``(g) Allocation of Funds.--From the funds appropriated
     pursuant to subsection (h) for each fiscal year, the
     Secretary shall allot to each State an amount that bears the
     same ratio to such funds as the total number of incarcerated
     individuals in such State bears to the total number of such
     incarcerated individuals in all States.
       Page 748, line 25, after ``including'' insert ``off-campus
     housing safety,''.
       Page 749, line 16, after ``information'' insert
     ``(including ways to increase off-campus housing safety)''.
       Page 751, after line 4, insert the following new
     subsection:
       (e) Sense of the House of Representatives.--It is the sense
     of the House of Representatives that in order to increase
     awareness of the importance of student safety in off-campus
     housing that is located in the areas surrounding colleges and
     universities, the following should be encouraged:
       (1) The creation of chapters at colleges and universities
     that aim to raise awareness of the issue of off-campus
     student safety.
       (2) Public awareness on the benefits of security measures
     that may increase the safety of students living in off-campus
     housing.
       (3) Collaborative partnerships between Federal agencies,
     local law enforcement agencies, non-profit organizations,
     colleges and universities, and communities to disseminate
     information and best practices related to off-campus housing
     safety for students.
       Page 751, beginning on line 5, strike section 953 and
     insert the following:

     SEC. 953. PRIVATE LOAN FORGIVENESS.

       Notwithstanding any other provision of law--
       (1) a public or private institution of higher education may
     provide an officer or employee of any branch of the United
     States Government, of any independent agency of the United
     States, or of the District of Columbia who is a current or
     former student of such institution, financial assistance for
     the purpose of repaying a student loan or providing
     forbearance of student loan repayment: Provided, that such
     repaying or providing forbearance is provided to any such
     officer or employee in accordance with a written, published
     policy of the institution relating to repaying or providing
     forbearance, respectively, for students or former students
     who perform public service; and
       (2) an officer or employee of any branch of the United
     States Government, of any independent agency of the United
     States, or of the District of Columbia may receive repayment
     or forbearance permitted under paragraph (1).
       Page 765, line 23, page 770, line 9, and page 784, line 17,
     strike ``part B of''.
       Page 766, line 12, and page 770, line 23, after ``credit
     plan,'' insert ``a reverse mortgage transaction,''.
       Page 768, beginning on line 7, strike clause (i) and insert
     the following:
       ``(i) standard material, activities, or programs on issues
     related to a loan, default aversion, default prevention, or
     financial literacy, such as a brochure, a workshop, or
     training;
       Page 768, line 19, strike ``or''; on page 769, line 2,
     strike ``and''; and after line 2 insert the following new
     clauses:
       ``(iv) the provision of financial literacy counseling or
     services to students or parents, including counseling or
     services provided in coordination with a covered educational
     institution, to the extent that such counseling or services--

       ``(I) are not undertaken to secure applications for private
     educational loans or to secure private educational loan
     volume;
       ``(II) are not undertaken to secure applications or loan
     volume for any loan made, insured, or guaranteed under part B
     of title IV of the Higher Education Act of 1965; and
       ``(III) do not promote the products or services of any
     private educational lender;

       ``(v) philanthropic contributions to a covered institution
     from a private educational lender that are unrelated to
     educational

[[Page H749]]

     loans, to the extent that such contributions are disclosed
     pursuant to paragraphs (1) and (2) of section 153(a) of the
     Higher Education Act of 1965, if applicable; or
       ``(vi) State education grants, scholarships, or financial
     aid funds administered by or on behalf of a State; and
       Page 770, line 24, strike ``mortgage transaction,'' and
     insert ``mortgage transaction (as those terms are defined in
     section 103 of the Truth in Lending Act),''.
       Page 774, strike lines 13 and 14 and insert the following:
       (ii) by inserting ``128(e)(8), or'' after ``125,''; and
       Page 778, line 20, after the period insert the following:
     ``The form of such written acknowledgment shall be subject to
     the regulations of the Board.''.
       Page 781, beginning on line 19, strike paragraph (4) and
     insert the following:
       ``(4) Institutional certification required.--Before a
     creditor may issue any funds with respect to an extension of
     credit described in paragraph (1), the creditor shall obtain
     from the relevant institution of higher education such
     institution's certification of--
       ``(A) the enrollment status of the borrower;
       ``(B) the borrower's cost of attendance at the institution
     as determined by the institution under part F of title IV of
     the Higher Education Act of 1965; and
       ``(C) the difference between the borrower's cost of
     attendance and the borrower's estimated financial assistance
     received under title IV of the Higher Education Act of 1965
     and other assistance known to the institution.
       Page 784, before line 1, insert the following new paragraph
     (and redesignate the succeeding paragraph accordingly):
       ``(9) Provision of information.--On or before the date a
     creditor issues any funds with respect to an extension of
     credit described in paragraph (1), the creditor shall notify
     the relevant institution of higher education, in writing, of
     the amount of the extension of credit and the student on
     whose behalf credit is extended. The form of such written
     notification shall be subject to the regulations of the
     Board.
       Page 785, line 10, strike ``mortgage transaction,'' and
     insert ``mortgage transaction (as those terms are defined in
     section 103 this Act),''.
  The CHAIRMAN. Pursuant to House Resolution 956, the gentleman from
California (Mr. George Miller) and a Member opposed each will control
10 minutes.
  The Chair recognizes the gentleman from California.
  Mr. GEORGE MILLER of California. I yield myself 1 minute.
  I want to thank Mr. McKeon and the minority for working on this
manager's amendment. With this, it makes additional changes to the Pell
Grant program, additional changes to strengthen the TRIO and GEAR UP
programs, adds a master's program for the Historical Black Colleges and
Universities, and includes changes to encourage colleges and
universities to adopt energy efficient sustainable practices in their
campuses, and it enhances teacher training and development so we can
place qualified teachers in every classroom.
  It is a bipartisan amendment that has been worked on by the staffs
and Members on both sides of the aisle in the committee and Members of
the House, and I urge its passage.
  Mr. McKEON. Mr. Chairman, I claim the time in opposition, but I am
not opposed to the amendment.
  The CHAIRMAN. Without objection, the gentleman from California is
recognized for 10 minutes.
  There was no objection.
  Mr. McKEON. Mr. Chairman, from the outset of this process, Chairman
Miller has recognized that by working together we can make this bill
stronger. Just as he worked with us on the underlying bill, he also
invited our input and involvement in the development of this manager's
package. I believe the amendment is stronger because of it, and I want
to thank him for his bipartisanship.
  Anyone who has studied the college cost issue recognizes that there
are no easy or obvious solutions. It has taken 5 years of refining to
produce the proposal we are voting on here today.
  When this process began, we identified three key principles to guide
our proposals. First, we saw the need for sunshine and transparency in
college costs. Students and families do not have access to accurate,
useful, and comparable information about college costs.
  Second, we recognized that colleges and universities were not being
held accountable to consumers. There were no consequences for schools
that engaged in massive unexplained tuition increases year after year.
  Third, in our effort to identify solutions, it became abundantly
clear that Congress could not do it alone. We realized that all
stakeholders must come together. That includes the Federal Government,
State government and local communities, institutions of higher
education, students, and parents.
  States have scaled back their investment in higher education, and the
Federal Government has been expected to make up the difference. While
some of the details have changed over time, the bill before us adheres
to these same three principles.
  I want to thank Chairman Miller for allowing me to take the lead on
these college cost provisions. After years of listening to
stakeholders, seeking the advice of experts, and studying potential
unintended consequences, I believe this proposal strikes the right
balance on the cost issue.
  I also want to thank Chairman Miller for working with me to prevent
this bill from limiting access for low-income, first-generation, and
nontraditional students. An amendment offered during committee
consideration of the bill changed the way cohort default rates are
calculated. While the proposal did spur an important conversation about
how to get a more accurate understanding of default rates in order to
protect students and taxpayers, the consequences of the proposal would
have done far more damage than was intended. I am pleased that, in this
manager's amendment, we were able to forge a compromise that achieves
our goal of a more accurate cohort default rate calculation without
putting financial aid in jeopardy for the students who need it most.
  On these and other issues, Chairman Miller has worked closely with me
to ensure the final bill reflects the priorities of Members on both
sides of the aisle. I thank him for his willingness to cooperate, and I
urge the majority to continue this spirit of cooperation to address
other flaws that remain in the bill, so that when this legislation is
signed into law, it is as strong as it can be.
  Mr. Chairman, I reserve the balance of my time.

                              {time}  1345

  Mr. GEORGE MILLER of California. Mr. Chairman, I yield 1 minute to
the gentleman from Illinois (Mr. Davis), a member of the committee.
  Mr. DAVIS of Illinois. I want to commend the committee, especially
Chairman Miller, Ranking Member McKeon, and all of the members,
actually, of the committee, for such an outstanding bill.
  In particular, I want to thank the committee for its consideration of
items and issues of particular interest to me, students with
disabilities, the handling of Pell Grants and student loans, veterans
and their needs, especially those who are returning, and the efforts to
strengthen the Historically Black Colleges and Universities so that
those institutions can have master's degree programs that allow
students access to them. It's an outstanding bill; and, again, I
commend Chairman Miller and Ranking Member McKeon for an outstanding
piece of legislation.
  Mr. McKEON. Mr. Chairman, I reserve the balance of my time.
  Mr. GEORGE MILLER of California. Mr. Chairman, I yield 1\1/2\ minutes
to the gentlewoman from California (Mrs. Davis).
  Mrs. DAVIS of California. Mr. Chairman, last year Congress passed a
budget reconciliation bill that allows servicemembers to get a
deferment on their student loans when they are activated, but that
particular deferment only applies to repayment of the principle and
existing interest on these loans. It does not prevent new interest from
accruing while our servicemembers are on active duty.
  One Reservist told me that while he was granted a deferment on his
loan, he was told that the interest would continue to accrue while he
was away and would be added on to his loan when he returned.
Servicemembers such as this Reservist already have enough to worry
about when they are called to active duty without this added burden.
  This amendment will cover all active duty servicemembers, including
Reserve units and the National Guard.
  According to CRS estimates, this will help the average servicemember
save between $1,200 and $1,500 over the course of a 12- to 15-month
activation period, with even more savings for those activated for
longer periods.

[[Page H750]]

  In addition, and the best part, the CBO scored this amendment and
found that it will not cost the American taxpayer any significant
amount.
  I urge my colleagues to support this amendment.
  Mr. McKEON. Mr. Chairman, I yield myself such time as I may consume.
  We are here today addressing the college cost crisis, a problem that
has reached epic proportions in this country. There are many who
believe, me among them, that we should never have allowed this
challenge to reach a crisis point.
  I am pleased to be acting today, but this bill serves as a reminder
that Congress often fails to recognize challenges in our higher
education system and act quickly to solve them. I am afraid we may be
making the same mistake by failing to recognize the brewing problems in
our Federal student loan programs.
  Since 2006, Congress has cut nearly $30 billion from the Federal
Family Education Loan Program. While many of these reforms were needed
to improve program efficiency, I am afraid we may have gone too far,
cutting not just the fat but straight through to the bone.
  The impact of these cuts has yet to be fully realized; but already
borrower benefits have been curtailed, lenders have left the program,
and workers have lost their jobs. The consequences of program cuts are
being exacerbated by a crunch in our financial markets that has
produced a loss of liquidity, an increase in financing costs, and
uncertainty about the future viability of the Federal loan program.
  Just a few short months into this time of market turmoil, already
1,200 jobs have been lost and eight lenders have left the Federal
student loan program or severely limited participation. This includes
the departure of the seventh largest lender in the program. Major
lenders have significantly scaled back or ended their borrower benefit
programs.
  Mr. Chairman, I am afraid this is only the tip of the iceberg. I had
hoped to offer an amendment today that would help ensure Congress does
not ignore these challenges until they, too, reach a crisis point.
  My amendment was nothing more than a sense of Congress, but I believe
it would have signaled our commitment to averting a student loan crisis
before it happens. Unfortunately, I was blocked by the majority from
offering this amendment. It seems we have not yet learned from past
mistakes.
  Mr. Chairman, I reserve the balance of my time.
  Mr. HINOJOSA. Mr. Chairman, I yield 1\1/2\ minutes to the gentleman
from California (Mr. Honda).
  Mr. HONDA. Mr. Chairman, I rise today in support of the College
Opportunity and Affordability Act. For decades, increases in college
tuition have outpaced inflation, posing financial challenges to many
students and families.
  As a former teacher, school principal and school board member, I am
committed to providing our students with greater access to a higher
education, thereby ensuring that America remains competitive in the
global economy. Having well-trained teachers in our classrooms is
essential to preparing our children for the jobs of tomorrow.
  It is estimated that over 2 million new teachers will be needed in
the next 10 years. H.R. 4137 provides individuals seeking a rewarding
career in teaching more opportunities to enroll in high-quality teacher
preparation programs.
  This legislation will enhance the teacher workforce by establishing
Centers of Excellence in teacher training and providing grants to
community colleges to establish or improve teacher preparation and
professional development programs. H.R. 4137 will also help improve
reading for as many as 10 million struggling readers.
  During my tenure as a school administrator, I successfully
established a program for students with dyslexia. Central to this
program was the specialized training every teacher received on how to
address the needs of students with reading difficulties.
  After more than 20 years, there still appears to be a gap between
what is known about effective reading structure and how teachers are
being trained. H.R. 4137 includes provisions to expose this gap by
examining the quality and extent to which teacher training programs are
based on the recommendations of the congressionally requested National
Reading Panel.
  Mr. McKEON. Mr. Chairman, I reserve the balance of my time.
  Mr. HINOJOSA. Mr. Chairman, I yield 1 minute to the gentleman from
Pennsylvania (Mr. Altmire).
  Mr. ALTMIRE. Mr. Chairman, I want to take a moment to highlight a few
aspects of this bill that I worked to include. During committee
consideration of the bill, I offered and passed an amendment to
encourage colleges and employers to form partnerships that identify
high-demand occupations and create educational pathways for students to
pursue them.
  These partnerships will help students succeed in the job market and
provide local businesses with the skilled workers they need to grow.
This bill also includes my legislation that requires the Department of
Education to forgive the student loans of veterans who are determined
to be totally and permanently disabled by the VA.
  This will end the duplicative and burdensome process that disabled
veterans currently must endure. It also includes my legislation to
provide grants for teacher preparation courses at minority-serving
institutions to help them recruit and prepare the teachers of tomorrow.
  This legislation will expand our teaching pipeline and improve the
diversity of our Nation's teachers and teaching force. The College
Opportunity and Affordability Act significantly improves our higher
education system, and I encourage my colleagues to support it.
  Mr. McKEON. May I inquire of the time remaining.
  The CHAIRMAN. The gentleman from California has 4 minutes, and the
gentleman from Texas has 4\1/2\ minutes.
  Mr. McKEON. Mr. Chairman, I reserve the balance of my time.
  Mr. HINOJOSA. Mr. Chairman, I yield 1 minute to the gentleman from
Washington (Mr. Inslee).
  Mr. INSLEE. Mr. Chairman, I am pleased to have helped add a little
green idea to our higher education bill. I want to thank Chairman
Miller for incorporating an idea that I have proposed into this
manager's amendment, which will really help colleges in some of the
terribly exciting work they are doing to green up their campuses.
  I visited Plymouth State University in New Hampshire a while back,
which has built the Langdon Woods dormitory. It's a 100,000 square-foot
dormitory. It's a beautiful dorm, and they are saving enormous amounts
of energy because they built it green with good insulation, co-
generation, triple-pane windows. It's a great idea.
  We have an amendment that has been incorporated that is going to help
colleges move forward in three ways. First, it will call for those who
use these Federal funds for the colleges to meet or exceed minimum
energy efficiency standards for their new renovations or construction
as developed by the American Society of Heating, Refrigerating and Air-
Conditioning Engineers, two other ways we are going to do it.
  Congratulations to these colleges.
  Mr. McKEON. Mr. Chairman, I yield 2 minutes to the ranking member on
the subcommittee, Mr. Castle from Delaware.
  Mr. CASTLE. I thank the distinguished ranking member for yielding.
  Mr. Chairman, I am very pleased to rise in support of the legislation
and to rise in support of the manager's amendment.
  I hope that everybody who supports considering this bill today is
paying attention to what I think all of us are hearing at home, and
that is that the cost of college education is going up faster, as the
cost of living increases, than anything, including health care; that is
a vital part of our economy; that if we do not produce good college
graduates and graduate students beyond that, that we will be hurt
greatly from an economic point of view; and that we need to address
these issues.
  I think this legislation, which was forged with the help of
Republicans and Democrats, with amendments by Republicans and
Democrats, is balanced legislation and serves the purpose of dealing
with looking closely at college costs and asking them to pay attention
to it.
  We have had a number of hearings about this; and some have produced
good testimony, some have produced

[[Page H751]]

sort of marginal testimony in terms what could be done. In my view,
this legislation is a big step forward in addressing that issue. I know
all the college presidents and boards mean well, but the bottom line is
they have to serve well too. They have to make sure that college is
affordable to as many people as possible.
  I will be involved in several of the amendments later on, but the
basic underlying structure of what we are trying to do here today is of
great importance to the entire educational and economic future of our
country. I hope that all of us can be as supportive as possible of the
legislation and of the manager's amendment.
  Mr. HINOJOSA. Mr. Chairman, I yield 1 minute to my friend and
colleague from the great State of Oregon (Mr. Blumenauer).
  Mr. BLUMENAUER. I appreciate the gentleman's courtesy in permitting
me to speak on this; and I particularly appreciate the chairman, Mr.
Miller, and the Ranking Member, Mr. McKeon having incorporated into
this legislation the committee work that we have been doing for the
last several years dealing with sustainability in higher education.
  I would like this provision to be named after the late Debbie
Murdock. She was a leader at Portland State University with whom I
worked who tragically left us far too soon, to make sure that we have
equipped, to have strong sustainability programs. This is the wave of
the future. This is where the jobs are to be found.
  This is what our companies need to be competitive in a world of
global warming and climate change. Only 30 percent of these companies
say, they have the people with the skills and information and personnel
to meet the environmental, sustainability challenge. This provision
will enable colleges to develop sustainability programs, and to
implement those sustainability programs, to have the appropriate
evaluation to know what works.
  I hope this is the tip of the iceberg for programs we can work on in
the future. I look forward to working with the chairman, looking
forward to working with my friend, the subcommittee Chair and our
friends on the otherside of the aisle like Mr. McKeon and Mr. Ehlers on
this critical bipartisan legislation.

                              {time}  1400

  Mr. McKEON. Mr. Chairman, I reserve the balance of my time.
  Mr. HINOJOSA. Mr. Chairman, I am pleased to recognize the gentleman
from Minnesota (Mr. Walz) for 1\1/2\ minutes.
  Mr. WALZ of Minnesota. Mr. Chairman, I say a special thank you to
Chairman Miller and the ranking member. As a lifelong educator and a
teacher in the classroom for 20 years, the understanding and the work
that has been put into this piece of legislation is something that I
think we can all be very proud of. It takes in and understands the
investment in America's future comes in education.
  I would like to make one comment. One of the issues that doesn't come
up very often in the cost of college expenses is the cost of textbooks.
It runs about $900 for an average student. One of the problems we've
seen is small changes in textbooks that require students to buy new
ones each and every year. There was a very important person in my
district, Jared Stene, who was the president of the Winona State
University Student Senate. Jared worked for years tirelessly on this
issue to bring about some transparency in how textbooks are marketed.
Unfortunately, Jared passed away unexpectedly over Thanksgiving, and I
thank the chairman for giving me the opportunity and for the work he
did in the committee to address this very issue.
  Mr. GEORGE MILLER of California. Mr. Chairman, will the gentleman
yield?
  Mr. WALZ of Minnesota. I yield to the gentleman from California.
  Mr. GEORGE MILLER of California. I just wanted to say that we did
respond in this manager's amendment by making this process more
transparent, encouraging greater communication and cooperation between
the students, faculty, college bookstores, and publishers in providing
an accurate description of what the revisions in the textbooks, what
the new edition really means.
  Very often we have been told by students and faculty and those
concerned with this, as you are, that sometimes these changes are de
minimis, but you have to have the new textbook; you can't use a used
textbook.
  We think this will be an improvement, and I thank you so much for
hounding the committee on this subject. I think this is the beginning
of increased transparency and concentration on this problem of rising
textbook and educational material cost increases.
  Mr. WALZ of Minnesota. I thank the chairman.
  Mr. HINOJOSA. Madam Chairman, how much time remains?
  The Acting CHAIRMAN (Ms. DeGette). The gentleman from California has
2 minutes remaining. The gentleman from Texas has 1 minute remaining.
  Mr. HINOJOSA. I reserve the balance of my time to close.
  Mr. McKEON. If the gentleman is prepared to close, I am in strong
support of the manager's amendment, and I yield back the balance of my
time.
  Mr. HINOJOSA. Madam Chairman, it is an honor to be able to close this
debate on the higher education bill, one that is going to be one of the
most meaningful pieces of legislation that I have participated in,
together with our chairman, George Miller, and with our good friend,
Buck McKeon from California, who has been a real gentleman and a great
leader in higher education.
  I believe that this will open the doors to so many men and women
throughout the country. It will raise the level of education attainment
in many regions of the country. All I can say is we are delighted that
we can be working with leaders of the quality of Buck McKeon and Mike
Castle, and many others on the other side of the aisle.
  Madam Chairman, I yield back the balance of my time.
  The Acting CHAIRMAN. The question is on the amendment offered by the
gentleman from California (Mr. George Miller).
  The amendment was agreed to.


                 Amendment No. 2 Offered by Mr. McKeon

  The Acting CHAIRMAN. It is now in order to consider amendment No. 2
printed in House Report 110-523.
  Mr. McKEON. Madam Chairman, I offer an amendment.
  The Acting CHAIRMAN. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Amendment No. 2 offered by Mr. McKeon:
       At the end of title VIII, add the following new section:

     SEC. 814. FEDERAL REGULATION OF HIGHER EDUCATION REPORT.

       (a) Analysis of Federal Regulations on Institutions of
     Higher Education.--The Secretary of Education shall contract
     with the National Research Council of the National Academies
     to conduct a study to ascertain the amount and scope of all
     Federal regulations and reporting requirements with which
     institutions of higher education must comply. The study shall
     include information describing--
       (1) by agency, the number of Federal regulations and
     reporting requirements affecting institutions of higher
     education;
       (2) by agency, the estimated time required and costs to
     institutions of higher education (disaggregated by types of
     institutions) to comply with the regulations and reporting
     requirements as required in (a)(1); and
       (3) by agency, recommendations for consolidating,
     streamlining, and eliminating redundant and burdensome
     Federal regulations and reporting requirements affecting
     institutions of higher education.
       (b) Submission of Report.--The Secretary shall submit the
     report required by subsection (a) to the authorizing
     committees (as such term is defined in section 103 of the
     Higher Education Act of 1965 (20 U.S.C. 1003)) not later than
     18 months after the date of enactment of this Act.

  The Acting CHAIRMAN. Pursuant to House Resolution 956, the gentleman
from California (Mr. McKeon) and a Member opposed each will control 5
minutes.
  The Chair recognizes the gentleman from California.
  Mr. McKEON. Madam Chairman, I yield myself such time as I may
consume.
  Before this reauthorization even began, I was involved in an
innovative, bipartisan effort known as the FED UP project that laid the
groundwork by reducing red tape, eliminating outdated rules, and
streamlining Federal financial aid programs.

[[Page H752]]

  The late Representative Patsy Mink and I joined together to solicit
input from the higher education community to increase the effectiveness
of our Federal financial aid programs by cutting through the red tape
and regulations. We did this because over the years, colleges and
universities have become subject to an increasing level of Federal
regulation. Unfortunately, when new regulations are layered on top of
the old, we often end up with duplication and confusion.
  Today, as we contemplate another set of new programs, regulations,
and requirements, I believe we need to renew that commitment to less
red tape. That's why I am proposing a comprehensive study of the
regulations that impact higher education. Under my plan, the National
Research Council will undertake a governmentwide review to identify
regulations that are duplicative and unnecessary.
  Particularly in a bill with so many duplicative and unnecessary new
programs, there is a danger that we may be exacerbating the college
cost crisis by burdening colleges and universities with excessive new
reporting and compliance costs. With this study, I hope we can move in
a different direction.
  I urge my colleagues to support this amendment.
  I reserve the balance of my time.
  Mr. HINOJOSA. Madam Chairman, I rise in support of the McKeon
amendment.
  The Acting CHAIRMAN. Without objection, the gentleman from Texas is
recognized for 5 minutes.
  There was no objection.
  Mr. HINOJOSA. I wish to give 30 seconds to the gentleman from
California (Mr. George Miller).
  Mr. GEORGE MILLER of California. Madam Chairman, I also rise in
support of this amendment and commend Mr. McKeon. He has been working
on this for a considerable period of time.
  I think it makes sense even more so now, it was envisioned in an
earlier reauthorization, because it will include the programs that
survive the conference committee and become law. It will also compare
those new programs against existing programs, and I ask our colleagues
to support this amendment.
  Mr. HINOJOSA. Madam Chairman, I yield back the balance of my time.
  Mr. McKEON. Madam Chairman, I wish to thank Chairman Miller and
Chairman Hinojosa for their support and for the hard work that they
have put into this bill, and let them know how much I have appreciated
working with them not just on this bill but over the years. And I hope
that all of our colleagues will support this amendment.
  Madam Chairman, I yield back the balance of my time.
  The Acting CHAIRMAN. The question is on the amendment offered by the
gentleman from California (Mr. McKeon).
  The amendment was agreed to.


               Amendments En Bloc Offered by Mr. Hinojosa

  Mr. HINOJOSA. Madam Chairman, I offer amendments en bloc.
  The Acting CHAIRMAN. The Clerk will designate the amendments en bloc.

       Amendments en bloc consisting of amendment Nos. 3, 8, 20,
     14, and 15 printed in House Report 110-523 offered by Mr.
     Hinojosa:


                 Amendment No. 3 Offered by Mr. Kildee

  The text of the amendment is as follows:

       Page 206, line 18, strike ``Allotment of Remaining Funds''
     and insert ``Allocation of Funds''.
       Page 206, line 20, strike ``subsection'' and insert
     ``subsections'', and after line 20 insert the following new
     subsection (and redesignate the succeeding subsection
     accordingly):
       ``(e) Construction Grants.--
       ``(1) In general.--Of the amount appropriated to carry out
     this section for any fiscal year, beginning with fiscal year
     2009, the Secretary may reserve 30 percent of such amount for
     the purpose of awarding 1-year grants of not less than
     $1,000,000 to address construction, maintenance, and
     renovation needs at eligible institutions.
       ``(2) Preference.--In providing grants under paragraph (1)
     for any fiscal year, the Secretary shall give preference to
     eligible institutions that have not received an award under
     this section for a previous fiscal year.


          Amendment No. 8 Offered by Mrs. Davis of California

  The text of the amendment is as follows:

       After section 453 of the bill, insert the following new
     section (and redesignate the succeeding section accordingly):

     SEC. 454. NO ACCRUAL OF INTEREST FOR ACTIVE DUTY SERVICE
                   MEMBERS.

       (a) Amendment.--Section 455 (20 U.S.C. 1087e) is further
     amended by adding at the end the following:
       ``(o) No Accrual of Interest for Active Duty Service
     Members.--
       ``(1) In general.--Notwithstanding any other provision of
     this part, and except as provided in paragraph (3), interest
     shall not accrue for an eligible borrower on a loan made
     under this part that is disbursed on or after October 1,
     2008.
       ``(2) Consolidation loans.--In the case of any
     consolidation loan made under this part that is disbursed on
     or after October 1, 2008, interest shall not accrue pursuant
     to this subsection only on such portion of such loan as was
     used to repay a loan made under this part that was disbursed
     on or after October 1, 2008.
       ``(3) Eligible borrower.--In this subsection, the term
     `eligible borrower' means an individual who--
       ``(A)(i) is serving on active duty during a war or other
     military operation or national emergency; or
       ``(ii) is performing qualifying National Guard duty during
     a war or other military operation or national emergency; and
       ``(B) is serving in an area of hostilities in which service
     qualifies for special pay under section 310 of title 37,
     United States Code.
       ``(4) Limitation.--An individual who qualifies as an
     eligible borrower under this subsection may receive the
     benefit of this subsection for not more than 60 months.''.
       (b) Consolidation Loans.--Section 428C(b)(5) (20 U.S.C.
     1078-3(b)(5)) is amended by inserting after the first
     sentence the following: ``In addition, in the event that a
     borrower chooses to obtain a consolidation loan for the
     purposes of using the no accrual of interest for active duty
     service members program offered under section 455(o), the
     Secretary shall offer a Federal Direct Consolidation loan to
     any such borrower who applies for participation in such
     program.''.


                 Amendment No. 20 Offered by Mr. Inslee

  The text of the amendment is as follows:

       Page 365, after line 11, insert the following:

     SEC. 466. SENSE OF CONGRESS REGARDING PERKINS LOANS.

       It is the sense of Congress that--
       (1) the Federal Perkins Loan Program, which provides low-
     interest loans to help needy students finance the costs of
     postsecondary education, is an important part of Federal
     student aid, and should remain a campus-based aid program at
     colleges and universities; and
       (2) in order to strengthen the Federal Perkins Loan
     Program, the Federal Government should support increased
     funds to the Program and restore the capital contribution
     funds for the Program, to provide more low-income students
     with affordable borrowing options.
       Page 512, strike lines 4 through 7 and insert the
     following:
       ``(e) Prohibition.--No funds made available under this part
     may be used to provide financial assistance--
       ``(1) to students who do not meet the requirements of
     section 484(a)(5); or
       ``(2) to any institution of higher education after the date
     of enactment of this subsection unless the institution
     demonstrates to the Secretary that the institution meets or
     exceeds the most current version of ASHRAE/IES Standard 90.1
     (as such term is used in section 342(a)(6) of the Energy
     Policy and Conservation Act (42 U.S.C. 6313(a)(6)) for any
     new facilities construction or major renovation of that
     institution after that date, except that this paragraph shall
     not apply with respect to barns or greenhouses or similar
     structures owned by the institution.''.
       Page 658, line 22, after ``energy management,'' insert
     ``greenhouse gas emissions reductions,''.
       Page 661, line 15, after ``energy management,'' insert
     ``greenhouse gas emissions reductions,''.

                 Amendment No. 14 Offered by Mr. Lantos

  The text of the amendment is as follows:

       Page 490, after line 13, insert the following new
     subsection:
       (g) Additional Technical Amendments.--
       (1) Section 711(a)(1) (20 U.S.C. 1135(a)) is amended by
     inserting ``(including a masters degree)'' after ``leading to
     a graduate degree''.
       (2) Section 712(a)(1) (20 U.S.C. 1135a(a)(1)) is amended by
     inserting ``(including a masters degree)'' after ``leading to
     a graduate degree''.
       (3) Section 713 (b)(5)(C) (20 U.S.C. 1135b(b)(5)(C)) is
     amended by inserting ``at the institution'' before the
     semicolon at the end.


                Amendment No. 15 Offered by Mr. Edwards

  The text of the amendment is as follows:

       Page 63, after line 17, insert the following new section
     (and redesignate the succeeding sections accordingly):

     SEC. 112. IN-STATE TUITION RATES FOR MEMBERS OF THE ARMED
                   FORCES ON ACTIVE DUTY AND DEPENDENTS.

       Part C of title I (20 U.S.C. 1015) is further amended by
     adding after section 135 (as added by section 111 of this
     Act) the following new section:

     ``SEC. 136. IN-STATE TUITION RATES FOR MEMBERS OF THE ARMED
                   FORCES ON ACTIVE DUTY AND DEPENDENTS.

       ``(a) Requirement.--A member of the armed forces on active
     duty for a period of

[[Page H753]]

     more than 30 days whose domicile or permanent duty station is
     in a State, and the dependents of such a member, may not be
     charged tuition for attendance at a public institution of
     higher education in that State at a rate that is greater than
     the rate charged for residents of that State.
       ``(b) Continuation.--If a member of the armed forces, or a
     dependent of a member, pays tuition at a public institution
     of higher education in a State at a rate determined by reason
     of subsection (a), the provisions of subsection (a) shall
     continue to apply to such member or dependent while
     continuously enrolled at that institution, notwithstanding a
     subsequent change in the permanent duty station of the member
     to a location outside the State.
       ``(c) Effective Date.--This section shall take effect at
     each public institution of higher education in a State at the
     beginning of the first period of enrollment at that
     institution that begins more than 90 days after the date of
     enactment of the Military Child College Affordability Act.
       ``(d) Definitions.--For purposes of this section:
       ``(1) State.--The term `State' has the meaning given that
     term in section 103 of this Act.
       ``(2) Military definitions.--The terms `armed forces' and
     `active duty for a period of more than 30 days' have the
     meanings given those terms in section 101 of title 10, United
     States Code.''.

  The Acting CHAIRMAN. Pursuant to House Resolution 956, the gentleman
from Texas (Mr. Hinojosa) and the gentleman from California (Mr.
McKeon) each will control 5 minutes.
  The Chair recognizes the gentleman from Texas.
  Mr. HINOJOSA. Madam Chairman, I wish to recognize the chairman of the
Subcommittee on Elementary and Secondary Education, the Honorable
Congressman Dale Kildee, for as much time as he may consume.
  Mr. KILDEE. Madam Chairman, I want to thank Chairmen Miller and
Hinojosa and Ranking Members McKeon and Keller for reporting this fine
bill out of committee by a vote of 45-0.
  It was 10 years ago that Mr. McKeon and I managed the reauthorization
of this bill, and that was a labor of love during that time, and I
think we are going to have a great bill here again today. I remember
those 10 years ago very fondly.
  This amendment clarifies that the Secretary of Education may continue
to set aside a percentage of the funds appropriated for tribally
controlled colleges and universities for a competition for grants for
facilities at TCCUs. Since 2002, the secretary has conducted this
competition pursuant to appropriations language.
  My amendment will ensure that these colleges have the resources they
need to invest in their infrastructure. That is why this competition
has been so important to all the TCCUs. My amendment is strongly
supported by the American Indian Higher Education Consortium and the
National Education Association, and I urge my colleagues to support
this amendment.
  At this time I would like to yield to the gentlewoman from Kansas
(Mrs. Boyda).
  The Acting CHAIRMAN. Who is controlling the time on behalf of the
amendment?
  Is the gentleman from Michigan controlling the time?
  Mr. KILDEE. I am controlling the time at this time and I yield to her
such time as she may consume.
  Mrs. BOYDA of Kansas. Madam Chairman, I rise today to ask my esteemed
colleagues for their enthusiastic support for an amendment that
Representative Chet Edwards and I are offering.
  Quite simply, this amendment makes certain that children and
dependents of active service duty members can afford higher education.
It guarantees in-State tuition for the dependents of military family
members, and it ensures that these students may maintain their in-State
rates even if a parent or guardian is reassigned out of State.
  In Kansas, we have always believed that everyone who works hard
should have the chance to succeed. Kansans believe that education
should open doors, not close them. Education should create
opportunities. Requiring military dependents to pay out-of-State
tuition leaves military students, the children of our Nation's heroes,
sometimes with debt as far as the eye can see.
  I am proud that my State of Kansas, like many others, extends both
benefits to military dependents. But now Congress must act to support
servicemembers in all 50 States. All but five States in America offer
in-State tuition to military dependents, and all but 17 preserve those
in-State rates even if a loved one is reassigned.
  Military parents, like all parents, want a high-quality and
affordable education for their children. Due to the nature of their
jobs, which often requires frequent moves, military families are too
often faced with the extra challenge of making sure their children
receive an affordable education without endlessly transferring schools.
  Our country's servicemembers are making the ultimate sacrifice for
us. It is our duty to do everything within our power to help them take
care of their loved ones. We must help them serve with a clear mind,
unworried about the financial security and educational futures of their
children. The very last thing a soldier needs to worry about while
navigating the streets of Baghdad is whether his or her child can pay
for college.
  I rise today to ask my esteemed colleagues for their enthusiastic
support for the children of these heroes of our Nation's military.

                              {time}  1415

  Mr. McKEON. We are discussing all four amendments at this time en
bloc?
  The Acting CHAIRMAN. The gentleman is advised that there are five
amendments en bloc: No. 3, Kildee; No. 8, Davis; No. 14, Lantos; No.
15, Edwards; and No. 20, Inslee.
  Mr. McKEON. Madam Chairman, I rise to claim the time in opposition,
although I am not opposed to the amendment.
  The Acting CHAIRMAN. Without objection the gentleman from California
is recognized for 5 minutes.
  There was no objection.
  Mr. McKEON. Madam Chairman, I support the amendments, with a couple
of caveats. The Inslee amendment, while we are not objecting to this
amendment, we do have some concerns about the consequences of the
amendment. The requirement that these sustainability grants provide for
greenhouse gas emissions reductions will increase operating costs for
colleges and universities. If that happens, the result will be still
higher tuition and fees for students at a time when we're trying to
lower the cost of the higher education.
  And some comments on the Susan Davis amendment. I appreciate the
amendment. I served with Mrs. Davis on the Armed Services Committee,
and I appreciate her efforts. There are some questions that I do have.
  First, what her amendment does, it says that an individual that is
serving on active duty during a war, performing qualifying National
Guard duty during a war, military operation or national emergency and
is serving in the area of hostilities in which service qualifies for
special pay, I'm hopeful that that includes everyone that we're trying
to reach in the service, and I'm not sure that that is totally
inclusive for what she's trying to cover.
  And then the next concern I have is that the borrower must have
obtained their loan through the government-run direct loan program.
Currently, the direct loan program only provides about 20 percent of
the loans, so that would mean that if one of these military personnel
got their loan through one of the other programs, they would be
excluded from this. I believe her intention would be to grant this
benefit to all serving in the military in wartime. So I'm hopeful that
we can clean that up, make changes in that during the conference,
because I believe that that's probably her intent on that.
  And, finally, I would like to also say to my good friend, Mr. Kildee,
the 10 years have gone quickly. But he looks just as young as he did 10
years ago, and I appreciated working with him then, as I do now.
  Madam Chairman, I yield back the balance of my time.
  Mr. KILDEE. Madam Chairman, I yield to the gentlewoman from Ohio
(Mrs. Jones) for a unanimous consent request.
  (Mrs. JONES of Ohio asked and was given permission to revise and
extend her remarks.)
  Mrs. JONES of Ohio. I thank the gentleman for yielding.
  Madam Chairman, I rise in support of H.R. 4137, the College
Opportunity and Affordability Act of 2007, as reported by the Education
and Labor Committee under the able leadership of the gentlemen from
California, Chairman Miller and Ranking Member McKeon.

[[Page H754]]

  I want to commend the chairman specifically for including in the bill
a provision requiring the Government Accountability Office to examine
the impact that law school accreditation requirements and other factors
have on the costs of law school and student access to law school,
including the impact of such requirements on racial and ethnic
minorities. I would also like to thank my colleague Representative
Bobby Scott for his efforts to have this amendment included.
  This provision is important and timely in light of a 15 year decline
in minority law school enrollment documented by a Columbia Law School
web site created in conjunction with the Society of American Law
Teachers. As described in the National Law Journal and other
publications, the site uses 12 graphs and nearly 200 data points to
illustrate an 8.6 percent drop in law school enrollment among African
American and Mexican American students between 1992 and 2006. This
disturbing trend has occurred even while overall law school enrollment
numbers have increased and admissibility indicators for minority
applicants have improved.
  in addition, 2007 statistics from the Law School Admissions Council
suggest that high shutout rates may be discouraging African American
and Mexican American students from applying to law school in the first
place; data show that the number of African American and Mexican
American applicants has fallen significantly since 2004.
  One certain factor in the trend is the over-reliance of law schools
and accreditors on L.S.A.T. scores as an admissions criterion and I
expect the GAO study to bear that out.
  In the meantime, Madam Chairman, this trend threatens great harm to
minority and disadvantaged communities throughout the United States
where the consequences will include reduced access to quality legal
services and less economic opportunity and empowerment. It is therefore
critical that Congress understand and take active steps to counteract
the various factors that have contributed to the decline.
  Realizing the promise of ``equal justice under the law'' requires
that we ensure equal opportunity to legal education for students who
come from, and intend to serve, our Nation's neediest communities.
Despite the remarkable progress that has been made, many obstacles to
opportunity remain. We cannot stand idle as minority
underrepresentation in the legal profession increases.
  So, as we await the results of the GAO study, I respectfully urge my
colleagues on the Education Committee to conduct hearings that will
illuminate the problem, its causes, and expert recommendations for
alleviating it.
  In closing, I will insert into the Record the aforementioned
articles. There are current efforts underway by members of the
Congressional Black and Hispanic Caucuses to formally request a hearing
on this subject and to urge the ABA Section of Legal Education to adopt
law school accreditation standards that are consistent with the goal of
increasing minority representation in the legal profession.
  Madam Chairman, I urge my colleagues to support the bill.

             [From the National Law Journal, Jan. 21, 2008]

                    Minority Enrollment Is Faltering

                            (By Leigh Jones)

       A web site recently established by an elite law school
     paints a dismal picture of enrollment among certain minority
     groups in law schools generally--a picture that may well
     become still bleaker.
       Enrollment of blacks and Mexican-Americans has fallen by
     8.6% in the past 15 years, according to a Web site created by
     Columbia Law School and the Society of American Law Teachers
     (SALT).
       The decline has occurred as applications to law schools
     among those two groups have remained constant and as law
     school enrollment overall has increased since 1992.
       With law schools continuing to revere U.S. News & World
     Report rankings and with anti-affirmative action initiatives
     possibly being on the ballot in five states in November, it
     appears that the situation may only worsen.
       ``It's not a pipeline problem,'' said Conrad Johnson,
     clinical professor of law at Columbia. Johnson and two law
     students working with the school's Lawyering in the Digital
     Age Clinic helped create the Web site, along with SALT. He
     said that the statistics, compiled from information provided
     by the Law School Admission Council, dispute the notion that
     the low enrollment numbers among blacks and Mexican-Americans
     are due to dwindling applications from those groups.


                            Eye on rankings

       From 1992 to 2006, the number of blacks and Mexican-
     Americans enrolled in the nation's law schools accredited by
     the American Bar Association (ABA) fell from 3,937 to 3,595.
     During that same time period, the number of ABA accredited
     law schools grew from 176 to 195.
       Johnson acknowledged an uptick in African-American
     enrollment in 2006, the biggest increase in 10 years, but he
     said that a combination of both groups showed a continuous
     decline during the 15-year period.
       Vernellia Randall, a professor at University of Dayton
     School of Law and creator of the The Whitest Law School
     Report, said that law schools, concerned about their U.S.
     News & World Report rankings, are requiring higher scores
     from applicants on the Law School Admission Test (LSAT),
     which has resulted in lower admission numbers among people
     from the two minority groups.
       In the rankings, a school's median LSAT score is part of a
     larger score designed to measure a school's selectivity in
     choosing applicants who enter an incoming class. Selectivity
     accounts for 25% of a school's ranking.
       The Columbia Law School Web site notes that LSAT and grade-
     point average scores have increased among African-American
     and Mexican-American applicants. But more demanding
     requirements from law schools continue to outpace
     improvements in scores, Randall said.
       ``It's going to get a whole lot worse before it gets
     better,'' she said.
       U.S. News & World Report does not include diversity as one
     of the factors in the rankings, but it does publish a
     separate ranking of law schools that have high minority
     enrollment numbers. Revamping the general law school rankings
     to include diversity as a factor would be difficult, said
     Robert Morse, director of data research at U.S. News & World
     Report.
       Not only would the standard need to account for the
     difference in minority populations in various parts of the
     country, but the rankings would require a value judgment
     regarding which minority groups' enrollment ``improved'' a
     school, he said.
       Part of the concern about the low numbers relates to
     efforts in five states to ban race- and gender-based
     preferences. Arizona, Colorado, Missouri, Nebraska and
     Oklahoma all have initiatives under way to place questions on
     November ballots that would end programs that increase
     minority and female numbers in education and in government.
     The effort is led by Ward Connerly, president of the American
     Civil Liberties Institute, which led successful efforts to
     ban such preferences in California, Michigan and Washington.
     ``Preferences are morally wrong,'' said Connerly, who is
     black.
       The U.S. Supreme Court ruled in 2003 in Grutter v.
     Bollinger, 539 U.S. 306, that the University of Michigan Law
     School's race-preference admissions policy served a
     compelling interest in maintaining a diverse student body.
       Marquette University Law School Dean Joseph Kearney said
     his school relies heavily on affirmative action to recruit
     minorities. Marquette was ranked No. 8 among Randall's latest
     ranking of the "Whitest Law Schools." Its student body is
     89.5% white, with black enrollment equaling 2.7% and Mexican-
     Americans making up 0.7%, according to the 2007 ABA Official
     Guide to ABA Approved Law Schools.
       Kearney, who challenges the validity of Randall's list,
     attributes his school's low numbers to competition from its
     state competitor, University of Wisconsin Law School, which
     has lower tuition and is aggressive on minority recruitment.
                                  ____


             [From the National Law Journal, Jan. 4, 2008]

         Enrollment Decline Reported for Minority Law Students

                           (By Vesna Jaksic)

       Columbia Law School has launched a Web site documenting the
     declining trend of minority students' enrollment in law
     schools.
       The site calls the trend disturbing and says that while
     African-American and Mexican-American students have applied
     to law schools in relatively constant numbers over the last
     15 years, their representation has fallen by 8.6 percent,
     from 3,937 in 1992 to 3,595 in 2006. The site points out that
     this is occurring at a time minority students' leading
     admissibility indicators have improved and the number of law
     schools has increased to provide room for nearly 4,000 more
     students.
       The Web site was created by Columbia Law School's Lawyering
     in the Digital Age Clinic, in collaboration with the Society
     of American Law Teachers, or SALT. It contains 12 graphs and
     nearly 200 data points based on yearly Law School Admission
     Council statistics.
       ``We need diversity in our legal profession to promote
     better legal education and fairness in our system of
     justice,'' Conrad Johnson, clinical professor of law at
     Columbia and a member of SALT's board of directors, said in a
     news release.
       The site also includes an analysis of Grutter v. Bollinger,
     the 2003 U.S. Supreme Court decision that reaffirmed the
     limited use of affirmative action in university and law
     school admissions.
       Columbia Law School students Christina Quintero and Jeffrey
     Penn helped create the Web site as part of their Lawyering in
     the Digital Age Clinic. The clinic provides hands-on
     experience in digital technologies that help shape the legal
     profession. Through the clinic, students work with public
     interest lawyers and members of the judiciary and handle
     issues such as eviction cases, advocate to restore government
     benefits and help organize pro bono efforts.
                                  ____


          [From the Wall Street Journal online, Jan. 17, 2008]

      Study Shows Grim Outlook for Minority Law-School Enrollment

                           (By Peter Lattman)

       Law-school enrollment of African-Americans and Mexican-
     Americans has fallen by

[[Page H755]]

     8.6 percent in the past 15 years, according to a Web site
     created by Columbia Law and the Society of American Law
     Teachers. And with anti-affirmative action admissions
     measures gaining traction around the country, the numbers
     could get worse, according to an NLJ story.
       The decline has come as applications to law schools among
     those minority groups have remained constant and law school
     enrollment overall has risen since 1992.
       ``It's not a pipeline problem,'' said Conrad Johnson
     (pictured), a clinical professor at Columbia and Law Blog
     Moustache Society. who helped create the site. The stats,
     compiled from LSAC data, counter the notion that minorities
     are submitting fewer law-school applications. He did
     acknowledge an increase in blacks' student enrollment in
     2006, but said that the numbers are in overall decline.
       Another professor, Vernellia Randall, a professor at Dayton
     Law who created something called The Whitest Law School
     Report, agrees, and thinks one reason is that schools are
     requiring higher LSAT scores, which results in lower
     admission numbers for minority groups. ``It's going to get a
     whole lot worse before it gets better,'' she told the NLJ.
       ``The net result is that . . . law schools are not
     progressing towards more inclusive admissions,'' concludes
     the Columbia Law clinic's Web site. ``This affects everyone
     who is concerned about better education and a more
     representative legal profession.''
       Readers, from your vantage point, what are the biggest
     hurdles to minority advancement in the law?

  Mr. EDWARDS. Madam Chairman, I rise today in support of an amendment
that includes the language of H.R. 3780, the Military Child College
Affordability Act, to ensure that military dependents receive in-state
college tuition. I urge my colleagues to do the same.
  There are two serious problems that this amendment addresses. First,
there are states that do not give military families in-state tuition
rates even when the service member is stationed there. For example,
dependents of service members stationed in Michigan must pay $31,302
per year to attend University of Michigan. This is in contrast to the
$10,448 yearly cost for in-state tuition, resulting in a $20,854
education tax on our military families.
  The second problem is that in 17 states, military sons and daughters
have to start paying out-of-state tuition if their parents are re-
stationed to another state. For example, in California, if a military
connected college student is enrolled in the University of California
system, his or her yearly tuition jumps from the in-state level of
$7,347 to $19,068 if their parents are transferred out of state,
despite the fact that the student could have already been enrolled for
several semesters.
  Let me share with you an example of the effects of this additional
burden on our military families. This is from the spouse of a military
wife, stationed with her husband in Hawaii.

       My daughter is a junior at the University of Hawaii. We
     have been able to pay in-state tuition because my spouse is
     stationed here. My spouse was deployed to Iraq in August of
     2006 and returned after 15 months. He is most likely going to
     [be re-stationed] in January of 2008. The university has
     informed us that as soon as he leaves, we will have to pay
     out of state tuition.

  This would cause the tuition they pay for their daughter to jump from
$5,952 per year to $16,608 for her last year of college.
  This same family's younger daughter is affected as well. I quote from
her mother's letter: ``It is enough that our daughters will not see
their Dad for the last two years, but now we are telling them that she
may not be able to attend University of Hawaii because we will be
charged out of state prices.''
  This amendment mandates in-state tuition benefits for military
dependents if their parent is stationed or domiciled in that state.
Further, this amendment would say that a military child can continue to
pay in-state tuition if his or her parent is re-stationed outside of
that respective state after the son or daughter has started college.
  It is my belief that we have asked enough of our military families
already, and should not require them to pay unfair tuition rates to
send their children to college. I urge my colleagues to support this
amendment and the children of the United States Armed Forces.
  Mr. KILDEE. Again, Madam Chairman, I urge support for these
amendments en bloc, and I yield back the balance of my time.
  The Acting CHAIRMAN. The question is on the amendments en bloc
offered by the gentleman from Texas (Mr. Hinojosa).
  The amendments en bloc were agreed to.


                  Amendment No. 4 Offered by Mr. Petri

  The Acting CHAIRMAN. It is now in order to consider amendment No. 4
printed in House Report 110-523.
  Mr. PETRI. Madam Chairman, I offer an amendment.
  The Acting CHAIRMAN. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Amendment No. 4 offered by Mr. Petri:
       Page 451, line 24, strike ``and''; on page 452, line 5,
     strike the period and insert ``; and''; and after such line
     insert the following new paragraph:
       ``(8) the feasibility of a specific alternative market-
     based mechanism that will--
       ``(A) determine lender returns;
       ``(B) result in reduced Federal costs on a program-wide
     basis, on loans made, insured, or guaranteed under part B of
     this title, excluding from consideration the Federal PLUS
     loans described in section 428B that are the subject of the
     competitive loan auction pilot program under this section;
       ``(C) include not more than--
       ``(i) 10 percent of the annual loan volume under this part
     B of this title during the first year of the alternative
     pilot program; and
       ``(ii) 20 percent of the annual loan volume under this part
     B of this title during the subsequent years of the
     alternative pilot program;
       ``(D) permit participation in any alternative auction-based
     pilot program on a voluntary basis for eligible institutions
     and eligible lenders participating under part B of this title
     prior to July 1, 2007; and
       ``(E) provide for all savings to the United States Treasury
     generated by such alternative pilot program to be distributed
     to institutions participating under this section on a basis
     proportionate to loan volume under such part for
     supplemental, need-based financial aid, except than an
     institution that is operating as an eligible lender under
     section 435(d)(2) shall not be eligible for any such
     distribution.
       Page 452, line 14, strike the close quotation marks and
     following period, and after line 14 insert the following new
     subsection:
       ``(e) Independent Evaluation.--The Government
     Accountability Office shall conduct an independent evaluation
     of any auction or auctions conducted under this section no
     later than September 1, 2013.''.

  The Acting CHAIRMAN. Pursuant to House Resolution 956, the gentleman
from Wisconsin (Mr. Petri) and a Member opposed each will control 5
minutes.
  The Chair recognizes the gentleman from Wisconsin.
  Mr. PETRI. Madam Chairman, my alternative market study mechanism,
which is before us, this amendment would significantly advance our
understanding of market-based reforms to the guaranteed student loan
program that were begun last year during our consideration of the
College Cost Reduction Act. This Congress has demonstrated significant
interest in developing some type of comprehensive market-based reform
in order to overhaul the guaranteed loan program and make certain that
taxpayers' interests are better served.
  Last year, I had the opportunity to offer an amendment in the
Education and Labor Committee to the College Cost Reduction Act to
study and pilot a market-based reform, such as an auction, to determine
how the Federal Government may better determine lender yields to reduce
wasteful spending in the guaranteed loan program. This amendment was
adopted in the committee and included in the bipartisan House-passed
bill last summer.
  Well, I was pleased that an auction pilot was included in the final
law. There is growing concern among reformers, the lending industry,
and the administration that the Senate model which was adopted may have
significant implementation and logistical challenges.
  However, this bill presents us with an opportunity to further study
and consider an effective market-based reform proposal. So the
amendment before us would simply amend the current auction pilot
evaluation language included in this bill to require the Secretaries of
Education and the Treasury, in conjunction with the Government
Accounting Office, the Office of Management and Budget, and the
Congressional Budget Office, to evaluate the feasibility of an
alternative market-based reform to the Federal Family Education Loan
Program. The alternative should reduce Federal costs to taxpayers and
use savings to increase need-based grants to lower-income students.
  I'd urge Members to support this amendment to further our
understanding of market-based reform options. The study would mark an
important step toward fully understanding market-based reforms of the
program and would build on reforms incorporated in the College Cost
Reduction Access Act. And again I'd ask my colleagues to support an
alternative market mechanism study amendment.
  Madam Chairman, I reserve the balance of my time.
  Mr. McKEON. Madam Chairman, I claim the time in opposition to the
amendment.

[[Page H756]]

  The Acting CHAIRMAN. The gentleman from California is recognized for
5 minutes.
  Mr. McKEON. Madam Chairman, this amendment essentially requires a
feasibility study on market mechanisms that could then be used to
determine lender returns when making student loans. Had we not just
adopted an auction process for student loans in the recently passed
budget cutting bill, this might make sense.
  This amendment may be couched in terms of a study; however, it's
difficult to see how the Secretary would study something like this
without actually implementing a broader pilot, and that is the main
concern that we have.
  The Department of Education conducted a market mechanism study
several years ago with the GAO and others. That extensive study did not
find auctions to be a workable mechanism for administering the student
loan program. Taking another look several years later may have shed new
light on the subject.
  We need the Department to focus on the creation and evaluation of
this auction before we decide to push for studies or implementations of
other auctions.
  Madam Chairman, I reserve the balance of my time.
  Mr. PETRI. Madam Chairman, we'd just say that it's important for us
to get informed, knowledgeable advice as to how to operate the student
loan programs, the direct program, and the guarantee program better. In
the past, we've adopted pretty much a political-based approach of
Congress setting the amount of the guarantee that private lenders
receive for making student loans. In the reform act this summer, we cut
that and tried to put in place a pilot approach coming from the Senate
for a market-based mechanism. This would broaden the study; and, I
think, would, in fact, be something that will end up saving the
taxpayer money if it works. And if it doesn't work, we're no worse off.
It's a study.
  So I don't understand the reluctance to try to get the Treasury
Department and experts in this area. We have auctions for loans weekly
to finance the debt of our country. And we certainly can do a better
job of pricing the guaranteed student loan program.
  Mr. GEORGE MILLER of California. Will the gentleman yield?
  Mr. PETRI. I certainly do.
  Mr. GEORGE MILLER of California. I just want to rise and I think
support this amendment. I think in the context of going to the
conference committee, where we know the Senate has an auction
provision, I think, well given even there, where we've done, we have
this provision in the reconciliation bill to look at an auction to see
whether we can do it and make it feasible, this may be helpful in us
making some determinations about how we proceed on that effort and how
the Department proceeds on that effort. So I would support the
amendment.
  Mr. PETRI. I thank the chairman.
  I certainly would urge the chairman and the ranking minority member
on the committee, as they go to conference, to keep an open mind on
this proposal so we can do the best job with the taxpayers' money and
help students get their loans in a cost-effective manner.
  Madam Chairman, I yield back the balance of my time.
  Mr. McKEON. Madam Chairman, it pains me to oppose the amendment of my
good friend from Wisconsin. We've served now on the Education Committee
together for almost 16 years, and he's always concerned about
protecting the taxpayer and the taxpayer dollars.
  I think that I'm not so concerned about the study. It's the way the
amendment is drafted that looks like it will impose the full program
before the study so that the study could be made complete. And I
understand that auctions are taking place all the time, but they're not
generally done by the Department of Education. They're done by the
Department of the Treasury and other branches. I'm not sure the
Department of Education has that expertise.
  But as we move forward on this, hopefully, maybe in conference, this
could be cleared up and the intent of the gentleman could be carried
out. That would be my hope.
  Madam Chairman, I yield back the balance of my time.
  The Acting CHAIRMAN. The question is on the amendment offered by the
gentleman from Wisconsin (Mr. Petri).
  The question was taken; and the Acting Chairman announced that the
ayes appeared to have it.
  Mr. McKEON. Madam Chairman, I demand a recorded vote.
  The Acting CHAIRMAN. Pursuant to clause 6 of rule XVIII, further
proceedings on the amendment offered by the gentleman from Wisconsin
will be postponed.


                  Amendment No. 5 Offered by Mr. Petri

  The Acting CHAIRMAN. It is now in order to consider amendment No. 5
printed in House Report 110-523.
  Mr. PETRI. Madam Chairman, I offer an amendment.
  The Acting CHAIRMAN. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Amendment No. 5 offered by Mr. Petri:
       Page 359, beginning on line 13, strike subparagraphs (C),
     (D), and (E) and insert the following (and redesignate the
     succeeding paragraphs accordingly):
       ``(C) with respect to each of the guaranty agencies
     operating under a guaranty agreement under section 428(c)--
       ``(i) un-reconciled balances in held loans by year of
     origination;
       ``(ii) status and number of defaulted loans by length of
     default in 30-day increments; and
       ``(iii) status and number of delinquent loans by length of
     delinquency in 30-day increments;
       Page 359, line 23, insert before the period the following:
     ``carrying out activities under this part''.
       Page 359, beginning on line 24, strike subsection (c)
     through page 360, line 12.
       Page 360, after line 12, insert the following new
     subsection:
       (d) Audit of Federal Family Education Loan Program
     Portfolio and Guaranty Agencies.--The Secretary of Education
     shall have a financial and compliance audit of all guaranty
     agencies participating in the loan programs under part B of
     title IV of the Higher Education Act of 1965 (including each
     guaranty agencies' contract for the servicing, collecting,
     and related activities of such loans), conducted annually by
     a qualified independent organization from a list of qualified
     organizations promulgated by the Secretary in accordance with
     the standards established by the Comptroller General. The
     standards shall measure the guaranty agency's compliance with
     the due diligence standards and shall include a defined
     statistical sampling technique designed to measure the
     performance rating of the guaranty agency for the purpose of
     this subsection. The Secretary shall submit the audit to
     Congress within 60 days of its completion and shall at the
     same time make the results of the audit publicly available.

  The Acting CHAIRMAN. Pursuant to House Resolution 956, the gentleman
from Wisconsin (Mr. Petri) and a Member opposed each will control 5
minutes.
  The Chair recognizes the gentleman from Wisconsin.
  Mr. PETRI. Madam Chairman, this amendment should be much less
controversial than the one that just passed. As you're aware, the
Federal Government runs two Federal student loan programs that provide
the same affordable loans to American students: the Federal Family
Education or Guaranteed Loan Program, and the William D. Ford Direct
Loan Program.
  In the past year, a significant amount of attention has been paid to
the scandal-ridden and wasteful guaranteed loan program. Reducing
excessive subsidies was the primary goal of the bipartisan College Cost
Reduction and Access Act that was enacted last September, and we have
seen some success. But this program was so embroiled with illegal and
unethical activity between lenders and financial aid officers that
sweeping new rules are included in this higher education reform act
aimed at ending these relationships and providing much greater
transparency for students and for taxpayers.

                              {time}  1430

  Given all of the abuse that's occurred in the guaranteed program,
imagine my surprise when an amendment ended up being adopted which had
the effect of targeting the direct loan program and a seemingly
innocuous amendment to audit the direct loan program contained a series
of reporting requirements applied only to the direct loan program which
were designed to make it appear the program was performing more poorly
than the tarnished guaranteed program.
  I should note that despite the scores of improprieties documented in
the

[[Page H757]]

guaranteed loan program, the direct loan program has had no similar
ethical abuses. Further, it has been scored as significantly cheaper by
the Office of Management Budge, CBO and GAO, since its inception in the
early 1900s.
  Now it will be one thing if the amendment applied these new reporting
provisions equally to both the guarantee and direct programs, and I'm
encouraged that the author of the amendment, my respected colleague
from the State of Georgia (Mr. Price), has indicated that that is his
intent, and I'm hoping that we can, in fact, adopt this amendment to
apply requirements to both programs.
  But this language currently in the bill has the effect of undermining
the direct loan program, boosting the guaranteed loan program's
performance in comparison, and the amendment before us addresses the
language.
  Madam Chairman, what is good for the goose is good for the gander.
The amendment would maintain the audit and most of the reporting
requirements added to the direct loan program but would also require
comparable audits in reporting for guaranty agencies in the Guaranteed
Loan program. I have no doubt the direct loan program will pass the
audit with shining colors, and I look forward to the report. I hope the
same can be said of the Guaranteed Loan program.
  I would ask support for the amendment.
  Madam Chairman, I reserve the balance of my time.
  Mr. PRICE of Georgia. Madam Chairman, I rise to claim the time in
opposition.
  The ACTING CHAIRMAN. The gentleman is recognized for 5 minutes.
  Mr. PRICE of Georgia. Madam Chairman, I want to commend my friend
from Wisconsin for his willingness to continue to work on this. We've
got some disagreements about it, although we are basically saying the
same thing, that we want both of the programs to be treated equally,
and I certainly concur with that. I also want to thank the chairman and
the ranking member for their work on this as we went through committee,
but at this time I rise to oppose this amendment.
  H.R. 4137, the College Opportunity and Affordability Act, really has
been a product of significant and extensive thoughtful deliberation
over many Congresses. One example, I believe, of that thoughtfulness is
section 454, which is included in the manager's amendment, which is a
provision asking for an independent audit of the direct loan program
and greater disclosure of the program's impact on the national debt. In
fact, that provision was unanimously adopted in our committee during
markup.
  Now, why is this important? Well, it's important because the direct
loan program amazingly is not currently subject to the routine audits
that examine all of these issues. Further, the government finances the
direct loan program by borrowing, and so it contributes in some way
that we believe ought to be determined, and that was the purpose of the
amendment. It contributes in some way directly to that national debt.
  Now, we all talk about transparency, and I'm all for transparency.
Transparency is critical if we are going to, here in Congress, get a
handle on evaluating the student lending program and make the best
decisions for college access and affordability. Unfortunately, I
believe that this amendment being offered undermines that congressional
oversight and paralyzes section 454.
  I also believe that it weakens the independent audit portion of the
direct loan program. Private lenders under the FFEL, the Federal Family
Education Loan program, are subject to full and regular audits, and
this section in the bill is intended to subject the direct loan program
to similar full and regular audits. That's the common ground that we
talk about and hopefully will be able to find as we move forward.
  As an example, the amendment also eliminates a requirement to the
direct loan audit that includes an examination of the unreconciled
balances of loans by year of origination. This is a key piece of
information for the FFEL program, the loans must be reconciled every
year, while the direct loan program is not held to the same standards.
So by weakening the independent audit of the direct loan program, the
amendment would eliminate the portion requiring disclosure of the
program's impact on the national debt.
  And just as a matter of information, we all here in Congress should
know about that.
  In closing, Members, I believe, need to remember that all of this
that is being done, in essence, would add a duplicate audit ability for
the FFEL programs and not the same for the direct loan programs. I look
forward to working with my colleague from Wisconsin and the chairman
and ranking member as we move forward. Both the direct loan and FFEL
program should be held up to the light of day so the taxpayers know
what they're getting from their tax dollars.
  Madam Chairman, I reserve the balance of my time.
  Mr. PETRI. Madam Chairman, how much time do I have remaining?
  The ACTING CHAIRMAN. Each side has 2 minutes remaining.
  Mr. PETRI. I yield to the chairman of the full committee such time as
he may consume.
  Mr. GEORGE MILLER of California. Madam Chairman, I rise in support of
the gentleman from Wisconsin's amendment. I think having these parallel
audits, these are two programs that, for the sake of the taxpayer,
compete with one another, and I think that that's important.
  I was encouraged to see in the President's 2009 budget that, for the
first time, the taxpayer costs for student borrowing through the FFEL
program are closer to the more efficient direct loan programs, taking
into account what we did in the reconciliation bill. I was also
interested to see that still we see that it costs only one-fourth as
much to make a direct loan as it does to make a FFEL loan program.
  So I think that we should be encouraged and we should be prepared to
have these audits, because I think the taxpayer is winning this
discussion, thanks in large part to the efforts of Mr. Petri over many
years, to have this kind of comparison, this kind of discussion. Many
of the recommendations that we made in the reconciliation bill were, in
fact, the recommendations of the Bush administration from the office of
OMB about the cost of that program. We were able to take that money
out, recycle it in favor of students and families borrowing the money
to drive down the cost of borrowing that money and increase the Pell
Grants. Now we see that we are still 25 percent cheaper for the
taxpayers than the FFEL program.
  Mr. PETRI. Madam Chairman, I just have to say, this is important,
because, on the one hand, if you treat a direct loan as adding to the
debt with no offset because it is a loan which will be repaid, the loan
is an asset, there should be some offset, you can get a very misleading
picture. If you are cosigning a note, you are liable on the note, and
that's what we do when we guarantee these private loans.
  So zero costs in the direct program and outlay. And it misleads, too,
because unless you compare apples and apples, you can have a badly
distorted picture.
  Mr. PRICE of Georgia. Madam Chairman, I want to once again say we are
happy to have the same review in the audit of both the lending
programs. You have heard that some individuals believe that the direct
loans are cheaper than the FFEL programs, the loans, and, in fact,
official government reports all agree that the budget scoring rules do
not, I repeat, do not capture the real economic cost of both of these
student loan programs. They agree all of the costs should be accounted
for when comparing the two programs. Madam Chairwoman, I think we are,
in fact, saying a lot of the same thing.
  I look forward to working with my friend from Wisconsin, with the
ranking member, and with the chairman as we move forward to the
conference committee. In the meantime, however, I'm obliged to urge my
colleagues to vote ``no'' on this amendment.
  Madam Chairman, I yield back the balance of my time.
  The Acting CHAIRMAN. The question is on the amendment offered by the
gentleman from Wisconsin (Mr. Petri).
  The question was taken; and the Acting Chairman announced that the
ayes appeared to have it.
  Mr. PRICE from Georgia. Madam Chairman, I demand a recorded vote.

[[Page H758]]

  The Acting CHAIRMAN. Pursuant to clause 6 of rule XVIII, further
proceedings on the amendment offered by the gentleman from Wisconsin
will be postponed.


                 Amendment No. 6 Offered by Mr. Castle

  The Acting CHAIRMAN. It is now in order to consider amendment No. 6
printed in House Report 110-523.
  Mr. CASTLE. Madam Chairman, I offer an amendment.
  The Acting CHAIRMAN. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Amendment No. 6 offered by Mr. Castle:
       In section 133(d) of the Higher Education Act of 1965, as
     amended by section 109 of the bill:
       (1) insert ``(1)'' after ``Task Forces.--'';
       (2) redesignate paragraphs (1), (2), (3), and (4) as
     subparagraphs (A), (B), (C), and (E);
       (3) strike ``and'' at the end of subparagraph (C) as so
     redesignated;
       (4) insert after such subparagraph (C) the following new
     subparagraph:
       ``(D) develop annual benchmarks for the institution to
     reduce costs in areas identified under subparagraph (C);
     and''.

       (5) add at the end the following new paragraph:
       ``(2) An institution of higher education that does not meet
     the benchmarks established under paragraph (1)(D) shall
     provide to the Secretary a detailed explanation of the
     reasons why the institution did not meet such benchmarks.''.

  The Acting CHAIRMAN. Pursuant to House Resolution 956, the gentleman
from Delaware (Mr. Castle) and a Member opposed each will control 5
minutes.
  Mr. GEORGE MILLER of California. Madam Chairman, I will claim the
time in opposition, although I do not intend to oppose the amendment.
  The Acting CHAIRMAN. The gentleman from California will be recognized
in due time.
  The Chair recognizes the gentleman from Delaware.
  Mr. CASTLE. Madam Chairman, I yield myself such time as I may
consume.
  I'm pleased to offer this college cost accountability amendment to
the College Opportunity and Affordability Act, which I also support,
legislation to reform and strengthen many of the Nation's higher
education programs.
  As you know, for over a decade, Congress has worked on the behalf of
students and families in an effort to solve the college cost crisis.
Today we will have the opportunity to vote on these bipartisan college
cost reforms.
  We all can agree on the need to hold down the costs of college, and I
believe we're making progress by providing additional support to
minority-serving institutions, teacher quality grants, grants
supporting veteran student success, and other positive changes. I would
like to also note the provisions included to help us better track
annual changes in tuition, fees, and room and board costs for
undergraduate students. All of the information collected will be made
publicly available on the department's College Navigator Web site so
that students and their parents have better access to cost increases at
various institutions.
  While each of these provisions take steps in the right direction to
combat college costs, I believe we can go farther to uncover what is
driving college costs and hopefully stem the tide of this growth that
threatens access to higher education for many American students.
  My amendment expands the responsibilities of the quality task forces
established in the underlying legislation by requiring them to develop
annual benchmarks for the top 5 percent of institutions that have the
largest increase in their tuition and fees over the most recent 3-year
period. If these institutions fail to meet these benchmarks, rather
than punishing these schools with legislative penalties, institutions
are simply required to provide the Secretary of Education with a
detailed explanation of the reasons why they failed to do so.
  I am supportive of the underlying legislation which makes reforms for
our institutions of higher learning, parents and students, and my
amendment will build upon the provisions set forth in the introduced
legislation to make tuition increases even more transparent and help
ensure colleges are doing everything possible to reduce college costs
so that any student wishing to obtain a higher education may do so.
  I urge my colleagues to support my amendment.
  Madam Chairman, I reserve the balance of my time.
  Mr. GEORGE MILLER of California. Madam Chairman, I would simply rise
in support of the amendment. I think that the effort that is being made
here by Mr. Castle will, in fact, add to some understanding by the
public and some transparency for those of us who have to make policy as
to exactly what's going on with the increase in college costs. I think
these kinds of explanations will be important for all of us, and we
welcome the amendment.
  Madam Chairman, I yield back the balance of my time.
  Mr. CASTLE. Madam Chairman, I thank the distinguished chairman for
his kind words about the amendment and for his work, along with Mr.
McKeon and Mr. Keller and others and Mr. Tierney on the legislation,
and I urge everybody to support the amendment.
  I yield back the balance of my time.
  The Acting CHAIRMAN. The question is on the amendment offered by the
gentleman from Delaware (Mr. Castle).
  The amendment was agreed to.


            Amendment No. 7 Offered by Mr. Davis of Illinois

  The Acting CHAIRMAN. It is now in order to consider amendment No. 7
printed in House Report 110-523.
  Mr. DAVIS of Illinois. Madam Chairman, I offer an amendment.
  The Acting CHAIRMAN. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Amendment No. 7 offered by Mr. Davis of Illinois:
       At the end of the bill, add the following (and make such
     technical and conforming changes as may be appropriate):

                      TITLE XI--RELATED AMENDMENTS

     SEC. 1101. TREATMENT IN BANKRUPTCY.

       Section 523(a)(8) of title 11, the United States Code, is
     amended--
       (1) in subparagraph (A)(i) by striking ``or made'' and all
     that follows through ``institution'', and inserting ``or made
     under any program funded in whole or in part by a
     governmental unit, or made under any program in which a
     substantial portion of the funds for making such overpayment
     or loan is provided by a nonprofit institution or an
     institution of higher education as defined in section 102 of
     the Higher Education Act and in which no part is funded by a
     governmental unit''; and
       (2) in subparagraph (B) by inserting before the semicolon
     at the end the following:

     ``unless the period beginning on the date when such loan
     first became due and ending on the date of the filing of the
     petition, excluding any time during such period when the
     repayment obligation was deferred while the borrower was
     attending an eligible educational institution as defined in
     section 221(d)(2) of the Internal Revenue Code of 1986, is
     longer than 5 years''.

  The Acting CHAIRMAN. Pursuant to House Resolution 956, the gentleman
from Illinois (Mr. Davis) and a Member opposed each will control 5
minutes.
  The Chair recognizes the gentleman from Illinois.
  Mr. DAVIS of Illinois. Madam Chairman, I yield myself 2 minutes.
  Unlike most kinds of debt, student loans of all types are currently
nondischargeable in bankruptcy, except on a judicial finding of undue
hardship. Under this amendment, government student loans, Federal and
State, and loans made directly by nonprofit entities would remain
nondischargeable. Other student loans made by for-profit banks and
other lenders would continue to be nondischargeable for the first 5
years after they come due, but after that, they would be treated like
other unsecured consumer loans in bankruptcy.

                              {time}  1445

  This amendment also closes the loophole that lenders were beginning
to pursue just before the 2005 changes went into effect. Currently,
loans that are funded in whole or in part by a nonprofit institution
are nondischargeable. Lenders offering private student loans were
setting up affiliations with nonprofit institutions in order to take
advantage of this loophole, even though the nonprofit was not the
source of funding.
  The current law is unfair to students. Students who take out student
loans are trying to better themselves and contribute to the advancement
of our economy. Unlike Federal student loans, private loans lack basic
consumer protections, such as limits on

[[Page H759]]

interest rates, loan limits, and flexible payments; yet the bankruptcy
law treats student loan borrowers who face financial tragedy in the
same severe manner as people trying to escape child support payments,
alimony, overdue taxes, and criminal fines. People should not be
punished for trying to get an education.
  Madam Chairman, I reserve the balance of my time.
  Mr. McKEON. Madam Chairman, I rise in opposition to the Davis
amendment.
  The Acting CHAIRMAN. The gentleman from California is recognized for
5 minutes.
  Mr. McKEON. I yield myself such time as I may consume.
  This amendment changes the Bankruptcy Code in a way that will add
uncertainty and additional risk to student lending. And I can't help
but think that this will further restrict students' access to loans at
a time when they're already finding it harder to obtain loans due to
the current instability of the credit market.
  Madam Chairman, I yield 2\1/2\ minutes to a member of the Judiciary
Committee, the ranking member of Commercial and Administrative Law that
has jurisdiction for the Bankruptcy Code, the gentleman from Utah (Mr.
Cannon).
  Mr. CANNON. Madam Chairman, this amendment will undo an important
provision of the Bankruptcy Code that was enacted just 2 years ago in
the bipartisan Bankruptcy Abuse, Prevention and Consumer Protection Act
of 2005. It will increase risk for student lending, risk that the
lending market will respond to by restricting the availability of
credit.
  The bankruptcy law currently allows student loans to be discharged if
the graduate is facing an undue hardship. This policy provides balance
by protecting truly unfortunate graduates, while still preserving the
integrity of student loans.
  This amendment will eviscerate this policy by removing the undue
hardship requirement for private sector student loans, allowing these
loans to be discharged 5 years after graduation. Federally guaranteed
loans can still be discharged only upon a showing of undue hardship.
Accordingly, the private market, which is the most sensitive to risk,
bears the burden of this change. Students looking for loans in the
future will have a hard time finding them. Inevitably, students would
encounter higher interest rates, shorter payment periods, and other
more restrictive lending terms as lenders look to avoid potential
losses in bankruptcy.
  The amendment, in short, would damage, not advance, the cost of
education. There is no free lunch and there is no free bankruptcy. We
can do better for our students, and we can do better for our system of
higher education. This amendment would undo an important provision of
the Bankruptcy Code enacted just 2 years ago. If there is one thing
that is important in commercial law, including bankruptcy law, it's
stability. Lenders and investors must have confidence that Congress
will not constantly change the rules of the game.
  We will send the wrong message if a mere 2 years after BAPCPA's
passage we begin to tinker with the provisions of the new bankruptcy
law. Regrettably, the pattern is already beginning to emerge in this
Congress. It can and should be stopped.
  Capricious treatment of creditors in bankruptcy can have only one
effect, the chilling of lending and investment. Changes in the
Bankruptcy Code ought to receive the scrutiny of the Judiciary
Committee. Since the Davis amendment is not being considered by the
Judiciary Committee, the congressional experts on bankruptcy have had
no opportunity to vet it through in regular order. This amendment will
do more harm than good and will affect the availability of student
loans in the future.
  I urge my colleagues to vote against this amendment.
  Mr. DAVIS of Illinois. Madam Chairman, I yield 1 minute to the
chairman of the Education Committee, the Honorable George Miller.
  Mr. GEORGE MILLER of California. I rise in strong support of this
amendment, and I thank the gentleman for offering it.
  We now see that, almost like the subprime home mortgages, that these
private student loans have been offered to a great number of people who
it's questionable about whether or not they can pay it back. And we now
see these private lenders retreating from this market because they know
they've now made loans that they're not going to be able to sell off to
others. They've made questionable loans.
  These loans look more and more like consumer loans because there's no
requirement that the people who take out these loans in the direct
marketing to students, a student signs up, gets a loan, they don't have
to pay their tuition, they don't have to pay their books, they don't
have to pay their dormitory fees. They're consumer loans. They can buy
beer and pizza, they can buy flat screened TVs, and they ought to be
treated like those consumer loans. That's why this amendment is
supported by the American Association of Community Colleges, the
Association of State Colleges and Universities, the Association of
Jesuit Colleges and Universities, the Consumer Federation of America,
the Consumers Union, the United States Students Association, the U.S.
Public Interest Groups, because they all recognize that this is far
different than the public loans that families and students take out
where there's arrangements to work out and help those students if they
get into trouble. That's not the case with the private loans.
  Let the marketplace work. They are now charging these students 18 and
20 percent, and we ought to understand what that means to the future of
these students. We ought to support the Davis amendment.
  Mr. McKEON. Madam Chairman, may I inquire as to the time remaining.
  The Acting CHAIRMAN. The proponents have 2\1/2\ minutes remaining;
opponents have 2 minutes remaining.
  Mr. McKEON. And we have the right to close?
  The Acting CHAIRMAN. That is correct.
  Mr. McKEON. I reserve the balance of my time.
  Mr. DAVIS of Illinois. Madam Chairman, it's my pleasure to yield 1
minute to the gentleman from Georgia, a member of the Judiciary
Committee, Representative Hank Johnson.
  Mr. JOHNSON of Georgia. On behalf of Congressman John Lewis, Chair of
the full committee, and as a member of the Commercial and
Administrative Law Subcommittee, I rise in support of the Davis
amendment.
  Bankruptcy relief provides a critical last resort economic safety net
for those in dire financial need. It gives a fresh start to honest and
deserving debtors so they can regain their financial footing on which
to rebuild a productive life, which is good for them as well as for
society.
  My colleague, the gentleman from Illinois, seeks to restore some
balance with respect to the dischargeability of certain student loans.
This is an excellent measure for the following reasons: one, it ensures
that predatory for-profit lenders cannot take advantage of a current
provision in bankruptcy law intended to protect nonprofit institutions
that make educational loans; and, second, the amendment instills some
moderation with respect to the dischargeability of certain educational
loans made by private sector lenders which under current bankruptcy law
can be nondischargeable no matter how long ago the loan was made.
  So for those reasons, I urge my colleagues to support this amendment.
  Mr. DAVIS of Illinois. Madam Chairman, I yield myself the balance of
our time.
  For many of these students who secure loans without the protection of
bankruptcy, it's like receiving a life sentence with no appeal. That is
to say, they get a loan that is supposed to help them get a college
degree, an education so that they can pay the loan off. Unfortunately,
many of them are stuck on $70,000, $80,000, $90,000, $100,000 that
they're never able to pay. And so they struggle along for the rest of
their lives trying to pay off a loan that was supposed to have secured
for them a level of financial ability.
  I would urge that we pass this amendment to give those hundreds and
thousands of students throughout the country the simple protection of
bankruptcy that is provided for individuals with any other consumer
loan.
  Madam Chairman, I yield back the balance of my time.

[[Page H760]]

  Mr. McKEON. Madam Chairman, I yield the remainder of my time to the
subcommittee ranking member of Higher Education, the gentleman from
Florida (Mr. Keller).
  Mr. KELLER of Florida. I thank the gentleman for yielding.
  Madam Chairman, I know what Mr. Davis is trying to do here, and I'm
sympathetic. He realizes, like we all do, that people are hurting and
they're paying higher costs for mortgages and health insurance and gas
prices and college tuition. And so for those folks who can't make their
student loan payments, let's give them some relief in bankruptcy court.
The challenge is, this is going to help a small number of people, but
hurt a larger number of people.
  If you allow this to go forward, then what you have is a much higher
risk loan that will result in the lenders having no choice but to
charge higher interest rates for new students getting loans, higher
origination fees. They will require a higher credit score. Now, since
most 18-year-old kids don't have good credit scores, you would have to
look to their parents as cosigners. What does that mean? The kids from
wealthy families, whose mom and dad have a high credit score and have
lots of assets to back up as collateral, nice home, Mercedes, are going
to get student loans. The poor kids in the future who you're trying to
help whose parents don't have a high credit score are going to have to
pay a lot higher interest rate for loans and origination fees. And
their mom and dad may not have the collateral to get them a loan if
that's required in these private loans.
  So it's going to have the unintended consequences of restricting
credit in the future. It's also very unfair to lenders who made loans
10 years ago to have this applied retroactively.
  Now, what is a better way? The better way is the current system. You
get out of school, you've got 10 years to make your payment, and if you
can't make it, you work with the lenders for more flexible options, let
you pay over 25 years. The Bankruptcy Code already provides a provision
for undue hardship for those people who truly need it.
  Let's go with the better approach. And that's why it would have been
better to have the Judiciary Committee have jurisdiction over this
issue, because we could have flushed it out. That was skipped in this
process. And while the intentions are good, the consequences are bad.
And I urge my colleagues to vote ``no'' on Mr. Davis' amendment.
  Mr. McKEON. Madam Chairman, I yield back the balance of my time.
  The Acting CHAIRMAN. The question is on the amendment offered by the
gentleman from Illinois (Mr. Davis).
  The question was taken; and the Acting Chairman announced that the
ayes appeared to have it.
  Mr. McKEON. Madam Chairman, I demand a recorded vote.
  The Acting CHAIRMAN. Pursuant to clause 6 of rule XVIII, further
proceedings on the amendment offered by the gentleman from Illinois
will be postponed.


                 Amendment No. 9 Offered By Mr. Sestak

  The Acting CHAIRMAN. It is now in order to consider amendment No. 9
printed in House Report 110-523.
  Mr. SESTAK. Madam Chairman, I offer an amendment.
  The Acting CHAIRMAN. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Amendment No. 9 offered by Mr. Sestak:
       Page 335, after line 14, insert the following new
     paragraph:
       ``(14) Physical therapists.--Individuals who are physical
     therapists and who are providing physical therapy services to
     children, adolescents, or veterans.
       Page 338, after line 21, insert the following new paragraph
     (and redesignate the succeeding paragraphs accordingly):
       ``(5) Physical therapist.--The term `physical therapist'
     means an individual who--
       ``(A) has received, at a minimum, a graduate degree in
     physical therapy from an institution of higher education
     accredited by an agency or association recognized by the
     Secretary pursuant to section 496(a) of this Act; and
       ``(B) provides physical therapy services under 1861(p) of
     the Social Security Act (42 U.S.C. 1395x(p), or meets or
     exceeds the qualifications for a qualified physical therapist
     as determined by State law.

  The Acting CHAIRMAN. Pursuant to House Resolution 956, the gentleman
from Pennsylvania (Mr. Sestak) and a Member opposed each will control 5
minutes.
  The Chair recognizes the gentleman from Pennsylvania.
  Mr. SESTAK. Madam Chairman, I yield myself such time as I may
consume.
  Today our country faces significant labor shortages in occupations
that are vital to our educational, health and, therefore, our national
security.
  I thank Chairman Miller and ranking member, Mr. McKeon, for their
efforts to expand the professional areas of recognition where there is
a national need which is critically important as we attempt to ensure
an adequate workforce for services that are vital to all Americans.
  In this vein, I believe the list of health occupations for which
national need exists must also include physical therapists. Recent
reports have shown that our country does not have an adequate number of
physical therapists to meet our growing needs.
  According to the American Hospital Association, therapists represent
the occupation for which the greatest percentage of vacancies exist in
our hospitals across our Nation, at an 11.4 percent vacancy rate. This
is at a time when the demand for physical therapist employment is
projected to grow 27 percent within 8 years, even as 58 percent of our
hospitals are reporting in 2006 that therapist recruitment was more
difficult than the year before. I, therefore, believe it is imperative
we add physical therapists in the area of national need to ensure the
Secretary of Education has direction to provide loan repayment to
physical therapists.
  Compounding this challenge of our national need for physical
therapists exceeding our supply are already 31,000 servicemen and -
women who have returned home from the war in Afghanistan and Iraq to
recover from wounds sustained in the service of their country.
  Physical therapists will, therefore, continue to play an integral
role in rehabilitating our Nation's veterans as they cope with injuries
from the battlefield. To ensure the proper care and recovery of those
who have sacrificed their well-being to protect us, we must address our
shortage of physical therapists.
  This amendment to include physical therapists as individuals in an
occupation of national need, supported by the American Physical Therapy
Association, is a necessary and practical measure to attract students
to this profession. The loan repayment incentive of up to $10,000 for
students who obtain a graduate degree in physical therapy which results
from designating physical therapy as an area of national need will
encourage more students to enter the profession and help alleviate
these growing vacancies.
  I, therefore, urge my colleagues to support this commonsense
amendment that highlights this issue of utmost importance for everyone,
but also including the veterans who are returning from our wars
overseas.
  I reserve the balance of my time.
  Mr. KELLER of Florida. Madam Chairman, I rise to claim the time in
opposition.
  The Acting CHAIRMAN. The gentleman is recognized for 5 minutes.
  Mr. KELLER of Florida. Madam Chairman, I claim the time in
opposition, although I'm not opposed to the amendment. I don't have any
objection to it. But at this time I would like to reserve the balance
of my time.
  Mr. SESTAK. I yield back the remainder of my time.

                              {time}  1500

  Mr. KELLER of Florida. Madam Chairman, I would like to yield 2
minutes to the gentleman from Georgia (Mr. Price).
  Mr. PRICE of Georgia. Madam Chairman, I want to commend the author of
what I think is an appropriate amendment of loan forgiveness.
  As an orthopedic surgeon, I worked closely with physical therapists,
and they are integral to the healing process in so many areas. Another
group also is the occupational therapists. And we have been contacted
by them, and I would be pleased to enter into a colloquy or ask my
friend if he would consider throughout the process if we can work
toward including the occupational therapists in this area as well.
  Mr. SESTAK. Madam Chairman, will the gentleman yield?

[[Page H761]]

  Mr. PRICE of Georgia. I yield to the gentleman from Pennsylvania.
  Mr. SESTAK. Sir, that 11.4 percent was for all therapists including
the three categories, including the occupational. So with the chairman
and ranking member's agreement, I would like to do so.
  Mr. PRICE of Georgia. Reclaiming my time, Madam Chairman, I thank the
gentleman. That being the case and as we move forward, I look forward
to supporting this as we broaden the therapists that are included.
  Mr. BERRY. Madam Speaker, ensuring health care, including physical
therapy services, is available to those who need it most is vital to
our Nation. I support the Sestak amendment to H.R. 4137, The College
Opportunity and Affordability Act, which would add physical therapists
to the ``national need'' section of this legislation so that they may
qualify for student loan forgiveness. As a lead sponsor of the Physical
Therapist Student Loan Repayment Eligibility Act, H.R. 1134, I
understand the student loan debt challenges faced by physical
therapists, who along with nursing, are currently the only health care
profession listed in shortage on the Department of Labor's Schedule A
classification. I am joined on H.R. 1134 by Representative Jo Ann
Emerson and 113 bipartisan cosponsors who support adding physical
therapists who agree to practice in rural and underserved areas to the
list of providers eligible to participate in the National Health
Service Corps Student Loan Repayment Program. The Sestak amendment,
while it does not address access to care for every patient in rural and
urban underserved areas, would help begin to address this need by
granting student loan forgiveness to physical therapists who care for
children, adolescents or veterans.
  Physical therapists treat patients of all ages who have medical
problems or other health-related conditions that limit their abilities
to move and perform functional activities in their daily lives. These
services are essential to many children with disabilities in Arkansas
and across our Nation. Physical therapists also work with patients to
prevent the loss of mobility by developing fitness and wellness
oriented programs for healthier and more active lifestyles which are
essential in addressing our Nation's obesity crisis.
  I encourage my colleagues to support the Sestak amendment and also to
join as a cosponsor on the bill to include physical therapists in the
National Health Service Corps, H.R. 1134.
  Mr. KELLER of Florida. Madam Chairman, I yield back the balance of my
time
  The Acting CHAIRMAN. The question is on the amendment offered by the
gentleman from Pennsylvania (Mr. Sestak).
  The amendment was agreed to.


                 Amendment No. 10 Offered by Mr. Sestak

  The Acting CHAIRMAN. It is now in order to consider amendment No. 10
printed in House Report 110-523.
  Mr. SESTAK. Madam Chairman, I offer an amendment.
  The Acting CHAIRMAN. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Amendment No. 10 offered by Mr. Sestak:
        Page 418, strike lines 19 through 21 and insert the
     following:
       ``(C) management systems regarding course equivalency,
     transfer of credit, and articulation; and
       Page 419, beginning on line 22, strike ``and'' and insert a
     comma; and on line 23, before the semicolon insert ``, and
     management systems''.

  The Acting CHAIRMAN. Pursuant to House Resolution 956, the gentleman
from Pennsylvania (Mr. Sestak) and a Member opposed each will control 5
minutes.
  The Chair recognizes the gentleman from Pennsylvania.
  Mr. SESTAK. Madam Chairman, I yield myself such time as I may
consume.
  Madam Chairman, Congress has worked hard on legislation to improve
the access, affordability, and transparency of our higher education
system. Reforms that improve transparency in college costs and the
student loan industry are a priority of this legislation, and I thank
the chairman and the ranking member and their staffs for their hard
work on these important efforts.
  However, I also believe we need to call attention to the barriers and
the lack of transparency among colleges, specifically regarding the
transfer of academic credit between postsecondary institutions. Today,
students take increasingly complex pathways to achieving their
postsecondary degree. Over 40 percent of students attending a college
or university transfer at least once before they complete their
undergraduate degree. However, despite increases in student mobility,
institutions have not adjusted with substantive changes in the manner
in which they oversee and articulate the transfer of college student
academic credit.
  There are significant consequences for failing to provide students
with a better understanding of how, and which of, their courses qualify
for credit in other postsecondary institutions. A student's inability
to transfer credit may result in longer enrollment, more tuition
payments, and additional Federal financial aid. In fact, it is
estimated that transfer students incur costs of well over $5 billion
per year. National data indicates that, on average, transfer graduates
take about 10 more credits and 3 more months to complete their
baccalaureate degree than nontransfer graduates. And some transfer
students have even been forced to spend up to an additional year in an
institution to obtain a degree because their earned academic credits do
not transfer. These students expend money taking courses at one
institution that will not result in academic credit at another. One of
the most problematic consequences of our current system is the loss of
students who are or may drop out of college due to the costs and
complications of transferring their academic course credit between
schools. It is clear that the credit transfer process, to the extent
that it delays students' progress, can affect the affordability of
postsecondary education, the time it takes students to graduate, and
the number of those who do actually graduate.
  I believe it is time for institutions to develop new strategies to
improve gaps in credit transfer agreements and facilitate transparency
of credit equivalencies between institutions.
  My amendment encourages States and public institutions of higher
education to develop management systems for course equivalency,
transfer of credit, and articulation. The cost of transferring between
institutions demand the utilization of new techniques to reduce the
financial impact and obstacles facing students. I believe that this
amendment provides an approach and a necessary alternative for
institutions to consider when developing credit transfer agreements,
and I therefore urge my colleagues to support this amendment.
  Madam Chairman, I reserve the balance of my time.
  Mr. KELLER of Florida. Madam Chairman, I rise to claim the time in
opposition.
  The Acting CHAIRMAN. The gentleman is recognized for 5 minutes.
  Mr. KELLER of Florida. Madam Chairman, I claim the time in
opposition, although I am not personally opposed to this amendment.
  I just want to briefly address the subject matter of articulations
and the free flow of credit. And while that's important, many people
listening to us, our colleagues, may not be familiar with the term
``articulation agreements'' if they do not serve on the Education
Committee, for example. Let me give them an idea of what that is.
  If you go to a community college in my district, let's say one called
Valencia Community College, and you get your associate's degree, there
is an articulation agreement that exists with the local 4-year
university that's called the University of Central Florida. That
agreement says if you graduate from Valencia Community College, we
guarantee you admission and acceptance into our 4-year university. That
is a wonderful thing for low-income kids who want to get a 4-year
education, because it only costs 2 grand a year to go to this community
college, and you know that based on this articulation agreement and the
transfer of credits you will then go to a prestigious 4-year school for
an additional 2 years and be guaranteed admission. It's really the only
silver bullet I see out there right now at a time when we see the
public 4-year universities increasing their tuition by 31 percent over
the past 5 years. The one bright spot that exists is so many
partnerships that exist between community colleges and 4-year schools
in the forms of articulation agreements.
  Whatever we can do in Congress to make it easier to have more of
these articulation agreements and a freer

[[Page H762]]

flow of transfer of credit can only help those children from low- and
moderate-income families achieve their dream of a college education.
That's why I am going to support this amendment, and I urge my
colleagues on both sides of the aisle to support it as well.
  Madam Chairman, I yield back the balance of my time.
  Mr. SESTAK. I thank my colleague for his comments.
  Madam Chairman, just 2 weeks ago I was at an event in my district
where Drexel University partnered in an articulation agreement with the
Pennsylvania Institute of Technology. The Pennsylvania Institute of
Technology focuses on many of those who were disenfranchised. They
bring them in, and after 2 years now maintaining a GPA and the credits
that have been articulated, they can then step into a 4-year
baccalaureate.
  I thank you for your support.
  Madam Chairman, I yield back the balance of my time.
  The Acting CHAIRMAN. The question is on the amendment offered by the
gentleman from Pennsylvania (Mr. Sestak).
  The amendment was agreed to.


                Amendment No. 11 Offered by Mr. Yarmuth

  The Acting CHAIRMAN. It is now in order to consider amendment No. 11
printed in House Report 110-523.
  Mr. YARMUTH. Madam Chairman, I offer an amendment.
  The Acting CHAIRMAN. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Amendment No. 11 offered by Mr. Yarmuth:
       Page 200, line 15, strike the close quotation mark and the
     following period, and after such line insert the following:

 ``Subpart 6--Preparing General Education Teachers to More Effectively
                   Educate Students With Disabilities

     ``SEC. 291. TEACH TO REACH GRANTS.

       ``(a) Authorization of Program.--
       ``(1) In general.--The Secretary is authorized to award
     grants, on a competitive basis, to eligible partnerships to
     improve the preparation of general education teacher
     candidates to ensure that such teacher candidates possess the
     knowledge and skills necessary to effectively instruct
     students with disabilities in their classrooms.
       ``(2) Duration of grants.--A grant under this section shall
     be awarded for a period of five years.
       ``(3) Non-federal share.--An eligible partnership that
     receives a grant under this section shall provide not less
     than 25 percent of the cost of the activities carried out
     with such grant from non-Federal sources, which may be
     provided in cash or in kind.
       ``(b) Definition of Eligible Partnership.--In this section,
     the term `eligible partnership' is a partnership that--
       ``(1) shall include--
       ``(A) one or more departments or programs at an institution
     of higher education--
       ``(i) that prepare elementary or secondary general
     education teachers;
       ``(ii) that have a program of study that leads to an
     undergraduate degree, a master's degree, or completion of a
     post-baccalaureate program required for teacher
     certification; and
       ``(iii) the graduates of which are highly qualified, as
     defined in section 9101 of the Elementary and Secondary
     Education Act of 1965;
       ``(B) a department or program of special education at an
     institution of higher education; and
       ``(C) a high-need local educational agency; and
       ``(2) may include a department or program of mathematics,
     earth or physical science, foreign language, or other
     departments at the institution that have a role in preparing
     teachers.
       ``(c) Required Activities.--An eligible partnership that
     receives a grant under this section shall use the grant funds
     to--
       ``(1) develop or strengthen an undergraduate, post-
     baccalaureate, or master's teacher preparation program by
     integrating special education strategies into the general
     education curriculum and academic content;
       ``(2) provide teacher candidates participating in the
     program under paragraph (1) with skills related to--
       ``(A) response to intervention, positive behavioral
     supports, differentiated instruction, and data driven
     instruction;
       ``(B) developing and administering alternate assessments of
     students with disabilities;
       ``(C) determining and utilizing accommodations for
     instruction and assessments;
       ``(D) collaborating with special educators, related
     services providers, and parents, including participation in
     Individualized Education Program development and
     implementation; and
       ``(E) utilizing technology and assistive technology for
     students with disabilities; and
       ``(3) provide extensive clinical experience for such
     participants, with mentoring and induction support throughout
     the program that continues during the first year of full-time
     teaching.
       ``(d) Application.--An eligible partnership 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. Such application
     shall include--
       ``(1) A self-assessment by the eligible partnership of the
     existing teacher preparation program at the institution of
     higher education and needs related to preparing general
     education teacher candidates to instruct students with
     disabilities.
       ``(2) An assessment of the existing personnel needs for
     general education teachers who instruct students with
     disabilities, performed by the local educational agency in
     which most graduates of the teacher preparation program are
     likely to teach after completion of the program under
     subsection (c)(1).
       ``(e) Peer Review.--The Secretary shall convene a peer
     review committee to review applications for grants under this
     section and to make recommendations to the Secretary
     regarding the selection of grantees. Members of the peer
     review committee shall be recognized experts in the fields of
     special education, teacher preparation, and general
     education, and shall not be in a position to benefit
     financially from any grants awarded under this section.
       ``(f) Evaluations.--
       ``(1) By the partnership.--An eligible partnership
     receiving a grant under this section shall conduct an
     evaluation at the end of the grant period to determine the
     effectiveness of the general education teachers who completed
     a program under subsection (c)(1) at instruction of students
     with disabilities in general education classrooms, and the
     systemic impact of the activities carried out by such grant
     on how each institution of higher education that is a member
     of the partnership prepares teachers for instruction in
     elementary and secondary schools. Each eligible partnership
     performing an evaluation under this paragraph shall report
     the findings of such evaluation to the Secretary.
       ``(2) Report by the secretary.--Not later than 180 days
     after the last day of the grant period under this section,
     the Secretary shall make available to Congress and the public
     the findings of the evaluations submitted under paragraph
     (1), and information on best practices related to effective
     instruction of students with disabilities in general
     education classrooms.''.

  The Acting CHAIRMAN. Pursuant to House Resolution 956, the gentleman
from Kentucky (Mr. Yarmuth) and a Member opposed each will control 5
minutes.
  The Chair recognizes the gentleman from Kentucky.
  Mr. YARMUTH. Madam Chairman, I rise today to offer an amendment that
will bring the Nation closer to providing a world-class education to
2.9 million children with disabilities.
  The last few years we have seen significant advances in diagnosis and
understanding of students with autism, ADD, dyslexia, Down's Syndrome,
and a dozen other common and treatable disabilities. Where people once
thought these students were unmanageable and unteachable, we now know
that more often than not, the majority of them are bright, creative
students who are capable of success when given the opportunity to
learn.
  In 1975, we took a major step forward with the enactment of the
Individuals with Disabilities Education Act. IDEA placed many students
with their peers, where the bar was raised on their achievements, and
we began to discover how truly capable these students were.
  Over the last 33 years, educators have revolutionized techniques to
help students with disabilities find success, but these tools have not
yet made their way into the vast majority of classrooms. And as a
result, the system is failing millions of students.
  The fact that so many students with disabilities, well over half, now
study alongside their peers is a tribute to the success of IDEA. But
because most educators have not been given the information, resources,
or training to effectively work with students with disabilities, the
teachers are getting understandably frustrated, the diverse learners
are not being helped, and the rest of the class waits while teachers
struggle to deal with situations for which they are simply not
equipped. The bottom line is it does no good to put students with
disabilities in a classroom with a teacher who has not been given the
tools to reach them.
  Make no mistake, the teachers are not the problem, but with proper
resources, they can be a big part of the solution. Many teachers have
not been trained to individualize instruction for these special needs
students.
  This isn't a straightforward manner of simply developing special
curricula.

[[Page H763]]

Spending time with peers is crucial for the development of these
students, especially if we want them to attain the social,
communicative, and educational skills we know they are capable of.
  One area I have focused on is educated children with autism. Without
the proper training, misconceptions, such as the Rain Man savant, run
rampant. Autism is a spectrum disorder, meaning that the Hollywood
depiction is an extreme, with highly functional students with
Aspbergers on the other end and every level of functionality in
between. The signals are abundant, but recognizing them is not just a
matter of common sense.
  The untrained educator may not know why a student with autism refuses
to make eye contact, suddenly stops socializing, acts out, or
completely cuts off all communication. What's more troublesome is that
the wrong response, in many cases the normal, logical response, can
send a child into a downward spiral.
  And what has escaped many is the tremendous scope and urgency of what
we're dealing with. Already 1 in 150 children is diagnosed with autism,
and the number is escalating at an alarming rate. An analysis of the
U.S. Department of Education special education data revealed that the
number of students with a diagnosis of autism has increased more than
500 percent since 1993, and by 2014 the number is expected to increase
1800 percent.
  We cannot afford to wait to address the needs of these children and
others with special needs. That is why I am proposing a new grant
program for institutions of higher education working to better prepare
general education teachers for success in helping students with
disabilities. Institutions would partner with high-need local education
agencies to place qualified teacher candidates into the areas that need
the most help.
  The Teach to Reach grants will give our teachers the tools to
properly engage students with disabilities. Truly engaging the students
not only improves the quality of learning for special needs students
but for everyone in the classroom. These grants will provide just the
sort of preparation that is needed. Teacher candidates will learn how
to use Response to Intervention, a scientifically based intervention
strategy that allows a teacher to pinpoint the specific skills students
need in order to progress. They will train in positive behavioral
support strategies that will enable them to manage and improve
challenging behaviors in the classroom and also learn how to work with
their special education and related colleagues to develop and implement
individualized educational programs so that students with disabilities
will have their diverse needs met.
  In classroom after classroom across the Nation, these grants can make
the difference between students trapped by misunderstanding and
teachers reaching their students and helping them unlock their
potential to succeed in school and excel in life.
  This program is endorsed by the NEA, the American Association of
Colleges for Teacher Education, the Higher Education Consortium for
Special Education, and many organizations that advocate for the
education of students with disabilities.
  I strongly encourage my colleagues to join me in supporting this
amendment so that we may empower our Nation's teachers to reach all of
our children.
  Madam Chairman, I yield back the balance of my time.
  Mr. KELLER of Florida. Madam Chairman, I rise to claim the time in
opposition.
  The Acting CHAIRMAN. The gentleman is recognized for 5 minutes.
  Mr. KELLER of Florida. Madam Chairman, I claim the time in
opposition, although I am not opposed to this amendment.
  Let me just clarify for our colleagues what this amendment is about,
at least from my perspective.
  If you are a high school special education teacher, you are probably
familiar with autism and dyslexia, and by virtue of your training and
daily experience, you know how to relate to the children with these
special needs pretty well. But what if you are a 10th grade history
teacher trained in, obviously, teaching history? It may be a little
more challenging for you to teach children who have autism or dyslexia
unless you have some special training to help you teach them history.
So what this amendment does is to provide funding for these general
education teachers to partner up with their 4-year universities to get
some extra training in teaching children with special needs.
  That seems like a commonsense approach to us. So I will be voting for
this amendment and urge my colleagues to do the same.
  Madam Chairman, I yield back the balance of my time.
  The Acting CHAIRMAN. The question is on the amendment offered by the
gentleman from Kentucky (Mr. Yarmuth).
  The amendment was agreed to.

                              {time}  1515


          Amendment No. 12 Offered by Mr. Hastings of Florida

  The Acting CHAIRMAN. It is now in order to consider amendment No. 12
printed in House Report 110-523.
  Mr. HASTINGS of Florida. Madam Chairman, I offer an amendment.
  The Acting CHAIRMAN. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Amendment No. 12 offered by Mr. Hastings of Florida:
       Page 679, line 13, strike the close quotation marks and
     following period and after such line insert the following new
     part:

                   ``PART R--PATH TO SUCCESS PROGRAM

     ``SEC. 887. PATH TO SUCCESS.

       ``(a) Purpose.--The purpose of this part is to encourage
     community supported programs that--
       ``(1) leverage and enhance community support for at-risk
     young adults by facilitating the transition of such young
     adults who are eligible individuals into productive learning
     environments where such young adults can obtain the life,
     social, academic, and vocational skills and credentials
     necessary to strengthen the Nation's workforce;
       ``(2) provide counseling, as appropriate, for eligible
     individuals participating in the programs to allow such
     individuals to build a relationship with one or more guidance
     counselors during the period that the individuals are
     enrolled in the programs, including providing referrals and
     connections to community resources that help eligible
     individuals transition back into the community with the
     necessary life, social, academic, and vocational skills after
     being in detention, or incarcerated, particularly resources
     related to health, housing, job training, and work-place
     readiness;
       ``(3) provide training and education for eligible
     individuals participating in the programs, to allow such
     individuals to assist community officials and law enforcement
     agencies with the deterrence and prevention of gang and youth
     violence by participating in seminars, training, and
     workshops throughout the community; and
       ``(4) provide each eligible youth participating in the
     programs with individual attention based on a curriculum that
     matches the interests and abilities of the individual to the
     resources of the program.
       ``(b) Reentry Education Program.--
       ``(1) Grant program established.--The Secretary is
     authorized to award grants to community colleges to enter
     into and maintain partnerships with juvenile detention
     centers and secure juvenile justice residential facilities to
     provide assistance, services, and education to eligible
     individuals who reenter the community and pursue, in
     accordance with the requirements of this part, at least one
     of the following:
       ``(A) A certificate of graduation from a school providing
     secondary education, a general equivalency diploma (GED), or
     another recognized equivalent of such a certificate or
     diploma.
       ``(B) A certificate of completion for a specialized area of
     study, such as vocational training and other alternative
     post-secondary educational programs.
       ``(C) An associate's degree.
       ``(2) Grant period.--A grant awarded under this part shall
     be for one 2-year period, and may be renewed for an
     additional period as the Secretary determines to be
     appropriate.
       ``(3) Application.--A community college desiring to receive
     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 shall require, which shall
     include--
       ``(A) an assessment of the existing community resources
     available to serve at-risk youth;
       ``(B) a detailed description of the program and activities
     the community college will carry out with such grant; and
       ``(C) a proposed budget describing how the community
     college will use the funds made available by such grant.
       ``(4) Priority.--In awarding grants under this part, the
     Secretary of Education shall give priority to community
     colleges that accept the highest number of eligible
     individuals from high-risk areas, and among such community
     colleges, shall give priority to

[[Page H764]]

     community colleges that the Secretary determines will best
     carry out the purposes of this part, based on the
     applications submitted in accordance with paragraph (3).
       ``(c) Allowable Uses of Funds.--A community college awarded
     a grant under this part may use such grant to--
       ``(1) pay for tuition and transportation costs of eligible
     individuals;
       ``(2) establish and carry out an education program that
     includes classes for eligible individuals that--
       ``(A) provide marketable life and social skills to such
     individuals;
       ``(B) meet the education program requirements under
     subsection (d);
       ``(C) promote the civic engagement of such individuals; and
       ``(D) facilitate a smooth reentry of such individuals into
     the community;
       ``(3) create and carry out a mentoring program--
       ``(A) that is specifically designed to help eligible
     individuals with the potential challenges of the transitional
     period from detention to release;
       ``(B) is created in consultation with guidance counselors,
     academic advisors, law enforcement officials, and other
     community resources; and
       ``(C) that is administered by a program coordinator,
     selected and employed by the community college, who shall
     oversee each individual's development and shall serve as the
     immediate supervisor and reporting officer to whom the
     academic advisors, guidance counselors, and volunteers shall
     report regarding the progress of each such individual;
       ``(4) facilitate employment opportunities for eligible
     individuals by entering into partnerships with public and
     private entities to provide opportunities for internships,
     apprenticeships, and permanent employment, as possible, for
     such individuals; and
       ``(5) provide training for eligible individuals
     participating in the programs, to allow such individuals to
     assist community officials and law enforcement agencies with
     the deterrence and prevention of gang and youth violence by
     participating in seminars and workshop series throughout the
     community.
       ``(d) Education Program Requirements.--An education program
     established and carried out under subsection (c) shall--
       ``(1) include classes that are required for completion of a
     certificate, diploma, or degree described in subparagraphs
     (A) through (C) of subsection (b)(1);
       ``(2) provide a variety of academic programs, with various
     completion requirements, to accommodate the distinctive
     academic backgrounds, learning curves, and concentration
     interests of the eligible individuals who participate in the
     program;
       ``(3) offer flexible academic programs that are designed to
     improve the academic development and achievement of eligible
     individuals, and to avoid high attrition rates for such
     individuals; and
       ``(4) provide for a uniquely designed education plan for
     each eligible individual participating in the program, which
     shall require such individual to receive, at a minimum, a
     certificate or diploma described in subparagraph (A) of
     subsection (b)(1) to successfully complete such program.
       ``(e) Reports.--Each community college awarded a grant
     under this part shall submit to the Secretary of Education a
     report--
       ``(1) documenting the results of the program carried out
     with such grant; and
       ``(2) evaluating the effectiveness of activities carried
     out through such program.
       ``(f) Definitions.--In this part:
       ``(1) Community college.--The term `community college'
     means a public or nonprofit institution of higher education
     (as such term is defined in section 101 or 102(a)(2)(B)),
     that--
       ``(A) provides an educational program of not less than two
     years; and
       ``(B) that is accredited by a regional accrediting agency
     or association.
       ``(2) Eligible individual.--The term `eligible individual'
     means an individual who--
       ``(A) is 16 to 25 years of age;
       ``(B) has been convicted of a gang-related offense, and has
     served a period of detention in a juvenile detention center
     for such offense; and
       ``(C) is detained in, or has been released from, such
     center.
       ``(3) Gang-related offense.--The term `gang-related
     offense' means conduct constituting any Federal or State
     crime, punishable by imprisonment in any of the following
     categories:
       ``(A) A crime of violence.
       ``(B) A crime involving obstruction of justice, tampering
     with or retaliating against a witness, victim, or informant,
     or burglary.
       ``(C) A crime involving the manufacturing, importing,
     distributing, possessing with intent to distribute, or
     otherwise dealing in a controlled substance or listed
     chemical (as those terms are defined in section 102 of the
     Controlled Substances Act (21 U.S.C. 802)).
       ``(4) Guidance counselor.--The term `guidance counselor'
     means an individual who works with at-risk youth on a one-on-
     one basis, to establishing a supportive relationship with
     such at-risk youth and to provide such at-risk youth with
     academic assistance and exposure to new experiences that
     enhance their ability to become responsible citizens.
       ``(5) High-risk area.--The term `high-risk area' means a
     specified area within a State where there is a
     disproportionately high number of gang-related activities
     reported to State and local law enforcement authorities.''.

  The Acting CHAIRMAN. Pursuant to House Resolution 956, the gentleman
from Florida (Mr. Hastings) and a Member opposed each will control 5
minutes.
  The Chair recognizes the gentleman from Florida.
  Mr. HASTINGS of Florida. Madam Chairman, I rise today with my good
friend from California, Congresswoman Linda Sanchez, to offer an
amendment to the College Opportunity and Affordability Act. I certainly
commend the Chair and ranking member for all of their efforts on this
measure.
  Madam Chairman, gang violence is a cycle that poisons many of our
districts and deprives many of our youth from pursuing productive
educational opportunities. Many who have been engaged in gang activity
unfortunately return to the same streets after they serve time in our
juvenile justice system, and the cycle begins again. Only holistic
partnerships that engage entire communities are going to break this
cycle of gang activity.
  To meet this need, I introduced the Path to Success Act July 6 of
last year. Our amendment today reflects the content of the Path to
Success Act and will authorize a nationwide program through the
Department of Education to promote public and private community-
centered partnerships aimed at reducing gang violence.
  Madam Chairman, our amendment will establish a program that is set up
to the task of disrupting the juvenile justice pipeline. It will give
former gang members a chance to attend college and be engaged
positively in their communities. Through educational and vocational
training opportunities at community colleges as well as partnerships
with law enforcement for pro-active gang prevention efforts, our
amendment will give former gang members hope for the future while
taking juvenile justice in a new direction.
  Also the American Psychological Association, the American Association
of Community Colleges agree with the need for this new direction and
have endorsed our amendment.
  I urge our colleagues to support this amendment.
  I reserve the balance of my time.
  Mr. KELLER of Florida. Madam Chairman, I claim the time in
opposition.
  The Acting CHAIRMAN. The gentleman is recognized for 5 minutes.
  Mr. KELLER of Florida. Thank you, Madam Chairman.
  I claim the time in opposition although I am not opposed to this
amendment. We have seen a skyrocketing problem, at least in my home
State of Florida, with the rise in violent juvenile crime. In my area,
central Florida, we have seen juvenile robberies over the past 2 years
of kids of 15 and under increase by 311 percent.
  When I talk with the experts about this problem, I am told that we do
need a holistic approach, as my colleague, Congressman Hastings, says;
and that for the worst of the worst offenders, the repeat violent
offenders, people who slit other kids' throats, you have got to lock
them away. But on the front end when you can still have hope to catch
some of these kids and turn them around, we have to make every effort
to do it.
  The reason I say that is because when we look at the statistics in
Florida we find that 80 percent of the inmates in our jails and prisons
are high school dropouts. If we deal with them holistically, we say,
hey, if you're going to stay in school, we will give you a Pell grant
to pay for a college education so you can have a nice car and a home.
If you are willing to stay in school but you can't read, we will get
you a reading coach to help you read, even if you are in high school.
We are going to get you a mentor to get you through it.
  We have to give these young people hope in educational and job
opportunities and approach it holistically. Yes, that means prevention,
but you also need tough enforcement. I think this amendment recognizes
you need all of it. And so we are pleased to support this amendment. I
urge my colleagues to do the same.
  I yield back the balance of my time.
  Mr. HASTINGS of Florida. At this time, I am pleased to yield 1\1/2\
minutes to my colleague from California, the original cosponsor of this
measure, Ms. Linda Sanchez.
  Ms. LINDA T. SANCHEZ of California. I would like to thank my
colleague, Mr. Hastings.

[[Page H765]]

  And, Madam Chairman, I rise in support of the Hastings-Sanchez
amendment to H.R. 4137, the College Opportunity and Affordability Act.
I thank Mr. Hastings for his leadership on this issue and was pleased
to work with him in this effort to provide constructive opportunities
for youthful offenders.
  The Hastings-Sanchez amendment would authorize grants to community
colleges to create partnerships with juvenile detention centers and
residential facilities that would reduce recidivism rates by providing
education, vocational training, counseling, and related activities.
  Gangs, crimes, and youth problems are often symptoms of larger
problems, problems that require comprehensive solutions. Too often, we
have spent far more time, money, and effort on enforcement than we have
on prevention, missing opportunities to rehabilitate the youth that we
incarcerate.
  Unfortunately, taxpayers have not experienced a great return on these
massive anti-gang investments. For example, the State of California
will spend over $9 billion on incarceration this year, yet gang
activity in California continues to rise.
  Young people who are involved in gangs do not have to be condemned to
a lifetime in gang involvement.
  This amendment would leverage power of community colleges to help in
the campaign against youth violence. Community colleges already have
expertise in providing job training and education to nontraditional
students. By encouraging them to develop partnerships with other local
agencies and community-based organizations, we can multiply the
opportunities that young ex-offenders have to get involved in their
communities in a positive way and cut down on the odds that they will
return to gang activity.
  I urge my colleagues to support the Hastings-Sanchez amendment to
help make our communities safer.
  Mr. HASTINGS of Florida. At this time, I am very pleased to yield 1
minute to my very good friend from Virginia, Representative Scott.
  Mr. SCOTT of Virginia. Madam Chairman, I thank the gentleman for
yielding.
  Madam Chairman, this amendment is a significant step forward in
prevention and intervention efforts to reduce juvenile and gang crime.
For far too long, the Congress has focused its crime policy on waiting
for crimes to occur before anything is done. This has contributed to
what the experts at the Children's Defense Fund call the ``cradle to
prison pipeline.''
  Since 1970, the number of individuals incarcerated in the United
States has risen from over 300,000 to over 2 million. Initiatives such
as this, along with initiatives such as the Youth Promise Act, will
create investments in strategies that deal with the root cause of
crime, resulting in greater crime reduction and a cost savings to
taxpayers. We must begin making meaningful investments in our Nation's
youth, and this amendment is a strong step in that direction.
  I thank Representatives Hastings and Sanchez for their leadership and
encourage my colleagues to support the amendment.
  Mr. HASTINGS of Florida. Madam Chairman, I yield back the balance of
my time.
  The Acting CHAIRMAN. The question is on the amendment offered by the
gentleman from Florida (Mr. Hastings).
  The amendment was agreed to.


            Amendment No. 13 Offered by Mr. Welch of Vermont

  The Acting CHAIRMAN. It is now in order to consider amendment No. 13
printed in House Report 110-523.
  Mr. WELCH of Vermont. Madam Chairman, I offer an amendment.
  The Acting CHAIRMAN. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Amendment No. 13 offered by Mr. Welch of Vermont:
       Page 63, after line 17, insert the following new section
     (and redesignate the succeeding sections accordingly):

     SEC. 112. ENDOWMENT REPORTING.

       Part C of title I (20 U.S.C. 1015) is further amended by
     adding after section 135 (as added by section 111 of this
     Act) the following new section:

     ``SEC. 136. ENDOWMENT REPORTING.

       ``Each institution of higher education shall annually
     submit to the Secretary, in a form prescribed by the
     Secretary, a report on the expenditures made by such
     institution from any endowment funds of the institution for
     the purpose of reducing the costs of the programs of
     instruction offered by such institution, including the
     specific amounts expended for grants and other aid to reduce
     the amounts charged for tuition, fees, textbooks, meals, room
     and board.''.

  The Acting CHAIRMAN. Pursuant to House Resolution 956, the gentleman
from Vermont (Mr. Welch) and a Member opposed each will control 5
minutes.
  The Chair recognizes the gentleman from Vermont.
  Mr. WELCH of Vermont. Madam Chairman, as we know on a bipartisan
basis, the cost of college is skyrocketing, and it is putting in
jeopardy access to college and achievement of the American Dream for
kids across this entire country. The Education and Labor Committee has
taken a number of very concrete steps to try to address that. And this
Congress passed a major increase in financial aid, $17 billion, over 5
years. Over the last 10 years, student aid has increased from $37
billion to $86 billion. But every time we raise a dollar in financial
aid, if it is a dollar increased in tuition that is burned away, the
students are continuing to graduate and swim in a sea of debt.
  So if we are going to continue on this effort and be successful in
making college affordable for average kids wanting to achieve the
American Dream, we have to work on both sides of the equation. We have
to address the financial aid side, which we are doing our best to do,
and do it in the context of enormous budgetary pressures, and we also
have to do it on the cost side. And we have to look to our university
administrators to work with us to do everything that is possible to
constrain the ever-rising cost of college education.
  Many kids now are graduating with a debt that is equivalent to what
was the mortgage on the first house that I bought, and they don't have
the home. They do have the education.
  This amendment is very simple. It would require colleges and
universities to annually report to the Department of Education on how
much of their endowment was spent each year for the purpose of
containing college cost, including tuition, fees, textbooks, meals, and
room and board. And it would provide Congress really with much-needed
information, the same information that goes to the trustees, so it is
not in any way a significant burden.
  We have to work together if we are going to be successful in
containing costs. And we have to acknowledge that we have to work on
that cost side as well as on the financial aid side. So this amendment
would give us information to work with colleges in trying to achieve
that goal to maintain cost affordability for our kids.
  Madam Chairman, I reserve the balance of my time.
  Mr. KELLER of Florida. Madam Chairman, I ask unanimous consent to
claim the time in opposition, although I am not opposed to the
amendment.
  The Acting CHAIRMAN. Without objection, the gentleman is recognized
for 5 minutes.
  There was no objection.
  Mr. KELLER of Florida. Madam Chairman, one of the most frustrating
things that Members of Congress have had to deal with over the past 5
years on a bipartisan basis is the skyrocketing cost of tuition. Over
the past 5 years, tuition at public 4-year universities has gone up 31
percent. And we are frustrated because you want to rein in the tuition
costs, but at the same time you are hesitant to implement any sort of
cost control or micromanaging of these universities.
  What this amendment says essentially is that we are going to ask the
college to tell us what your endowment is and how much of it you spent
on helping kids with their aid to go to your college. Sometimes that
will mean that gives us an opportunity to really thank these colleges
for doing a great job. For example, Harvard University has a $34
billion endowment. They recently received nationwide publicity, well
deserved, for using that endowment to say, if you are accepted to
Harvard and you are from a low-income family, we are going to use our
endowment to pay for you to come here. If you are from a middle income
family, we are going to pay for you to come here. If you are from an
upper-middle-income family, all the way up to

[[Page H766]]

$180,000, we are still going to help you with tuition. I think that is
wonderful. And you have seen other schools, Yale and others, follow
suit.
  We would like to see exactly what schools across America are doing on
the positive front to use their endowment to help low- and moderate-
income kids go to college, and on the flip side what schools with
substantial endowments are not making any efforts to help these low-
and moderate-income kids get a college education.
  So for these reasons, I will be voting for this amendment, and I will
urge my colleagues to also vote for the amendment.
  I reserve the balance of my time.
  Mr. WELCH of Vermont. I yield to the chairman such time as he may
consume.
  Mr. GEORGE MILLER of California. I rise in support of Mr. Welch's
amendment and thank Mr. Keller for his support of this amendment. Mr.
Keller has laid it out quite correctly.
  We have been struggling with this for a number of years. I think that
this amendment helps with the transparency and with the information
that we need to know as we continue to consider public policy. I say
that because growing numbers of Members of Congress come up to me every
week after they go home and talk about they have been asked the
question about the increased costs of college. We know it is complex.
We know it is difficult. And we know that it is not easily given to the
idea that one policy fits all, one size fits all, whatever cliche you
want to use.
  But it must be addressed when we are asking the taxpayers to continue
to step up and to provide the assistance to these families so that we
can create a strong Nation and a strong economy and well-educated
individuals that are critical to maintaining the democracy in a complex
world. So I want to thank the gentleman for offering this amendment and
ask my colleagues to support it.
  Mr. KELLER of Florida. Madam Chairman, I yield back the balance of my
time.
  Mr. WELCH of Vermont. Madam Chairman, I yield back the balance of my
time.
  The Acting CHAIRMAN. The question is on the amendment offered by the
gentleman from Vermont (Mr. Welch).
  The amendment was agreed to.


     Amendment No. 16 Offered by Ms. Eddie Bernice Johnson of Texas

  The Acting CHAIRMAN. It is now in order to consider amendment No. 16
printed in House Report 110-523.
  Ms. EDDIE BERNICE JOHNSON of Texas. Madam Chairman, I offer an
amendment.
  The Acting CHAIRMAN. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Amendment No. 16 offered by Ms. Eddie Bernice Johnson of
     Texas:
       Page 249, after line 5, insert the following new subsection
     (and redesignate the succeeding subsections accordingly):
       (f) Calculation of Federal Pell Grant Eligibility.--
       (1) Amendment.--Section 401(f) of the Higher Education Act
     of 1965 (20 U.S.C. 1070a(f)) is amended by adding at the end
     the following new paragraph:
       ``(4)(A) Notwithstanding paragraph (1) or any other
     provision of this section, the expected family contribution
     of each student described in subparagraph (B) shall be deemed
     to be zero for the period during which each such student is
     eligible to receive a Federal Pell Grant under subsection
     (c).
       ``(B) Subparagraph (A) shall apply to any student at an
     institution of higher education--
       ``(i) whose parent or guardian was a member of the Armed
     Forces of the United States who died as a result of
     performing military service in Iraq or Afghanistan after
     September 11, 2001; and
       ``(ii) who was 18 years or less, or was enrolled as a full-
     time or part-time student at an institution of higher
     education, as of the time of the parent or guardian's
     death.''.
       (2) Effective date.--The amendment made by paragraph (1)
     shall apply with respect to Federal Pell Grants awarded for
     academic year 2009-2010, and each succeeding academic year.

  The Acting CHAIRMAN. Pursuant to House Resolution 956, the
gentlewoman from Texas (Ms. Eddie Bernice Johnson) and a Member opposed
each will control 5 minutes.
  The Chair recognizes the gentlewoman from Texas.

                              {time}  1530

  Ms. EDDIE BERNICE JOHNSON of Texas. Madam Chairman, I rise today in
strong support of the Johnson-Young amendment to expand higher
education opportunities for the children of fallen soldiers.
  Since the year 2001, more than 4,400 U.S. servicemembers have died
during their deployment in Iraq or Afghanistan. Historically, war has
cost America the lives of our sons and daughters. However, the soldiers
serving today in Iraq and Afghanistan are not just single men; 40
percent of the servicemembers in Iraq are married and 30 percent have
children. The soldiers we have lost are not only our sons and
daughters, but our husbands and wives and fathers and mothers.
  As we reflect on the cost of this war, we must realize that many of
these brave young men and women have left families and young children
behind. These young men and women include Sergeant Paul Sanchez, a
native of Irving, Texas, who was killed last January by an IED in Iraq,
leaving behind a wife, a 12-year-old daughter and a 10-year-old son;
and Second Lieutenant John Craver who was killed in October 2006 in
Baghdad. A native of McKinney, Texas, he left behind a wife and three
children. As well as Specialist Jessica Cawvey, who was killed in
Fallujah in 2004. She was a 21-year-old single mother and left behind a
6-year-old daughter. These are just a few of more than 2,100 children
who have lost a parent in the conflicts in Iraq and Afghanistan.
  The death of a parent is not only emotionally devastating for a child
but often creates financial hardships for their family. The Johnson-
Young amendment offers financial assistance and access to higher
education for children who lost a parent or guardian as a result of
this war. It allows the children who have been left behind to have
access to a maximum Pell Grant award. Through this Pell Grant award, we
can offer a chance for a bright future for the children of those brave
young men and women who gave their lives in the name of service for our
country.
  Mr. GEORGE MILLER of California. Madam Chairman, will the gentlewoman
yield?
  Ms. EDDIE BERNICE JOHNSON of Texas. I yield to the gentleman from
California.
  Mr. GEORGE MILLER of California. I want to thank the gentlewoman for
bringing this amendment to the attention of the committee. I think it
is a very good amendment and it is the right thing for us to do with
respect to these families that have paid such a high price for their
service to our country. I thank the gentlewoman, and I urge our
colleagues to support it.
  Ms. EDDIE BERNICE JOHNSON of Texas. Madam Chairman, I reserve the
balance of my time.
  Mr. KELLER of Florida. Madam Chairman, I ask unanimous consent to
claim the time in opposition, although I am not opposed to the
amendment.
  The Acting CHAIRMAN. Without objection, the gentleman is recognized
for 5 minutes.
  There was no objection.
  Mr. KELLER of Florida. Madam Chairman, I yield such time as he may
consume to the gentleman from Alaska (Mr. Young).
  Mr. YOUNG of Alaska. I thank the ranking member, and I thank the
gentlewoman from Texas (Ms. Eddie Bernice Johnson) for introducing this
legislation. I am the cosponsor of the amendment, and I thank the
chairman of the full committee.
  The proportion of married U.S. soldiers serving in Iraq and
Afghanistan is higher today than in any other previous war, including
the Civil War. Consequently, when these brave men and women are killed
in the line of duty, they often leave behind husbands, wives and
children.
  Since 2001, more than 4,400 U.S. servicemembers have died during
their deployment in Iraq or Afghanistan, and more than 2,100 children
have lost a parent as result of the conflicts in Iraq and Afghanistan.
  Nine months after Fort Wainwright's Stryker Brigade Combat Team
returned from their deployment in Iraq, Bassett Army Community Hospital
in Fairbanks delivered a record number of babies. Those babies will be
a year old when their parents redeploy this fall. This amendment, which
I have offered with the distinguished gentlewoman from Texas, will
ensure that they deploy with the knowledge that, if necessary, their
children's education will be taken care of.

[[Page H767]]

  Our amendment will provide financial assistance and access to higher
education for children who lost a parent or guardian as a result of our
ongoing military presence in Iraq and Afghanistan. It allows the
children who have been left behind to have access to a maximum Pell
Grant award by waiving the income eligibility requirement for them.
  It will apply to children of U.S. soldiers who have died while
performing military service in Iraq or Afghanistan after September 11,
2001. Children who are 18 years or younger or those enrolled part time
or full time at college at the time of the parent or guardian's death
will be eligible for a Pell Grant application starting in 2009.
  The death of a parent is not only emotionally devastating for a
child, but often creates a financial hardship for the family. Through
this Pell Grant award we can offer a chance for a bright future for the
children of those who gave their lives in the name of service for their
country.
  I urge my colleagues to support our amendment and help those children
who have been left behind. I would like to thank the distinguished
gentlewoman from Texas for offering this amendment with me and reaching
across the aisle in a bipartisan way to solve some of the problems
caused by this war.
  Mr. KELLER of Florida. Madam Chairman, I just want to thank
Congresswoman Johnson and Congressman Young for offering this wonderful
amendment. This will mean that the 2,100 children of parents who died
in Iraq or Afghanistan will be able to get the full Pell Grant, which
is about $4,800 this year and will be upped to $5,400 by 2012. It is
certainly the least we can do.
  There are many more things we want to do beyond this to help these
children whose parents paid the ultimate sacrifice. But I think it is
wonderful that these two Congressmen have come forward with this very
commonsense and important amendment. I enthusiastically support it and
urge my colleagues on both sides of the aisle to support it as well.
  Madam Chairman, I yield back the balance of my time.
  Ms. EDDIE BERNICE JOHNSON of Texas. Madam Chairman, I would like to
thank the chairman of the full committee and his staff for working with
me on these important issues that will help to deliver for the needs of
our Nation's students. I thank Mr. Young, and I urge my colleagues to
support this legislation.
  Madam Chairman, I yield back the balance of my time.
  The Acting CHAIRMAN. The question is on the amendment offered by the
gentlewoman from Texas (Ms. Eddie Bernice Johnson).
  The amendment was agreed to.


                 Amendment No. 17 Offered by Mr. Stupak

  The Acting CHAIRMAN. It is now in order to consider amendment No. 17
printed in House Report 110-523.
  Mr. STUPAK. Madam Chairman, I offer an amendment.
  The Acting CHAIRMAN. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Amendment No. 17 offered by Mr. Stupak:
       Page 335, after line 14, insert the following:
       ``(14) Superintendents, principals, and other
     administrators.--Individuals who are school superintendents,
     principals, or other administrators for 5 consecutive
     complete school years in a school district of a local
     educational agency in which 30 percent or more of the schools
     are schools that qualify under section 465(a)(2)(A) for loan
     cancellation for Perkins loan recipients who teach in such a
     school.

  The Acting CHAIRMAN. Pursuant to House Resolution 956, the gentleman
from Michigan (Mr. Stupak) and a Member opposed each will control 5
minutes.
  The Chair recognizes the gentleman from Michigan.
  Mr. STUPAK. Madam Chairman, the loan forgiveness programs under the
Ford Direct Loan Program and Federal Family Education Loans encourage
teaching professionals to take positions in low-income schools.
  Like teachers, qualified school administrators and principals are
crucial to creating an effective learning environment. Unlike teachers,
however, school administrators and principals at low-income schools are
not given access to the same loan forgiveness programs. In fact, under
current law, if a teacher is eligible for loan forgiveness but is
promoted to an administrator or principal in that same school, the
newly promoted teacher loses access to the loan forgiveness programs
for which they were previously eligible. As a result, low-income school
districts often have difficulty recruiting talented principals and
administrators to their districts.
  My amendment would extend eligibility of the Ford Direct Loan Program
and the Federal Family Education Loans to full-time school
superintendents, principals, or other administrators after completing 5
consecutive school years in a school district in which at least 30
percent of the schools are defined as low income.
  This amendment is supported by the National Education Association,
the National Association of Secondary School Principals, and by the
American Association of School Administrators. Furthermore, the
Congressional Budget Office has indicated that this amendment will not
violate the pay-as-you-go rules.
  I urge Members to support my amendment to help recruit and retain
talented and qualified school administrators and principals.
  Also, Madam Chairman, I include for the Record a letter from the
National Association of Secondary School Principals in support of this
legislation.

     Hon. Bart Stupak,
     Rayburn House Office Building,
     Washington, DC.
                                                 February 6, 2008.
       Dear Congressman Stupak: On behalf of the 31,000 members of
     the National Association of Secondary School Principals
     (NASSP), I would like to express our support for an amendment
     you will be offering to the College Opportunity and
     Affordability Act (H.R. 4137). The amendment would extend
     eligibility of the William D. Ford Direct Loan Program and
     the Federal Family Education Loans to principals and other
     school administrators who serve for 5 consecutive years in a
     low-income school or school district.
       The No Child Left Behind Act (NCLB) expanded the federal
     role in education and brought to light the impact educators
     have on improving student achievement. A study by the
     Southeast Center for Teaching Quality on the working
     conditions of teachers found that high-quality leadership was
     the single greatest predictor of whether or not high schools
     made adequate yearly progress as defined by NCLB--more then
     either school size or teacher retention. But the demands on
     principals and their need for advanced training particularly
     in instructional leadership--are growing and have made the
     job much more challenging.
       It is becoming increasingly difficult to attract
     prospective candidates to the principalship, but just as
     troubling, it is harder to keep effective and experienced
     administrators on the job. The U.S. Bureau of Labor
     Statistics projected a 13 percent increase in job openings
     for principals between 2000 and 2010, stemming in part from a
     large proportion of principals who planned to retire during
     the same time period. Additionally, Advocates for Children
     & Youth released a study in December 2007 that found ``an
     alarming proportion of Maryland's poorest and lowest-
     performing schools have the least experienced principals and
     struggle with high turnover in leadership.''
       Congress must be creative in providing new incentives to
     attract effective principals and school administrators to
     enter and then remain in the profession, and your amendment
     is an opportunity to do just that. While new programs are
     being developed to attract teachers to low-income schools,
     principals are not given the same access to these loan
     forgiveness programs. In fact, under current law, if a
     teacher is eligible for loan forgiveness but is promoted to
     an assistant principal or principal position in the same
     school, the newly promoted teacher loses his or her
     eligibility.
       NASSP strongly feels that your amendment will help to
     attract and retain highly effective principals in the schools
     where they are most needed. We look forward to working with
     you to ensure that this important provision is enacted into
     law.
           Sincerely,
     Gerald N. Tirozzi,
       Executive Director, National Association of Secondary
     School Principals.

  I reserve the balance of my time.
  Mr. KELLER of Florida. Madam Chairman, I ask unanimous consent to
claim the time in opposition, although I am not opposed to the
amendment.
  The Acting CHAIRMAN. Without objection, the gentleman is recognized
for 5 minutes.
  There was no objection.
  Mr. KELLER of Florida. Madam Chairman, we want the best and the
brightest to go into the inner city, low-income areas to give these
young people as much hope and opportunity as we can. Right now, we
already provide student loan relief for math and science teachers who
are willing to go

[[Page H768]]

into these low income areas to help turn around a school.
  When I look at Mr. Stupak's amendment, it reminds me of the movie
``Lean on Me,'' where it has a principal who goes into a low-income
area and, against all odds, completely turns around the school.
  We want the best and the brightest of our assistant principals,
principals, and school superintendents to go into these areas and say,
Hey, look at all these young people who are taking AP calculus and AP
English, and we are excited, and we turned things around.
  The more we can do to get the best and the brightest into these inner
city areas, then the better these young people's lives will be. So I am
happy for those reasons to support this amendment, and I urge my
colleagues on both sides of the aisle to do the same.
  Madam Chairman, I yield back the balance of my time.
  Mr. STUPAK. Madam Chairman, I yield such time as he may consume to
Mr. Miller, the chairman of the full committee.
  Mr. GEORGE MILLER of California. Madam Chairman, I want to thank the
gentleman for offering this amendment and join Mr. Keller in support of
this amendment. I think this is an important amendment. As the
gentleman pointed out, not only are these difficult positions, but they
are becoming more and more difficult to fill with the wave of
retirements and all the other impacts on schools. I want to thank him
for bringing this to our attention and getting it included in the bill.
I join in its support.
  Mr. STUPAK. Madam Chairman, I would just like to thank the committee
chairman, Mr. Miller, and Mr. Keller for their help and support of this
amendment, and the staffs and my staff for making this a possibility.
  Madam Chairman, I yield back the balance of my time.
  The Acting CHAIRMAN. The question is on the amendment offered by the
gentleman from Michigan (Mr. Stupak).
  The amendment was agreed to.


                Amendment No. 18 Offered by Mr. Doggett

  Mr. DOGGETT. Madam Chairman, I offer an amendment.
  The Acting CHAIRMAN. The Clerk will designate the amendment.
  The text of the amendment is as follows:

  Amendment No. 18 offered by Mr. Doggett:
       Page 367, after line 19, insert the following new section:

     SEC. 474. USE OF MOST RECENT TAX INFORMATION IN NEED
                   ANALYSIS.

       Section 480(a)(1) of the Higher Education Act of 1965 (20
     U.S.C. 1087vv(a)(1)), as amended by section 473 of this Act,
     is further amended by adding at the end the following new
     sentence: ``Notwithstanding the preceding sentence, the
     Secretary shall, by regulation, provide for the use of the
     second preceding tax year when and to the extent necessary to
     carry out the simplification of applications used for the
     estimation and determination of financial aid eligibility
     through the sharing of data with the Internal Revenue Service
     with the consent of the taxpayer.''.
       Page 395, line 17, strike `` REPORT''; on line 18, strike
     ``(a) Sense of Congress.--''; and on page 396, beginning on
     line 18, strike subsection (b).

  The Acting CHAIRMAN. Pursuant to House Resolution 956, the gentleman
from Texas (Mr. Doggett) and a Member opposed will each control 5
minutes.
  The Chair recognizes the gentleman from Texas.
  Mr. DOGGETT. Madam Chairman, I yield myself two minutes.
  This is the time of year when millions of families all over the
country are working with their high school seniors. The college
applications are in, but now it is time to try to figure out how to pay
for college and higher education.
  The task of completing these complex forms for student financial
assistance can be very daunting. The Free Application for Federal
Student Aid, or FAFSA, as it is known, is 11 pages long. It includes
more than 100 questions and it has three worksheets. The Secretary of
Education has called it ``longer and more complicated than a Federal
tax form.'' In trying to complete the current application, students
would actually probably benefit from having gone to college to do the
accounting necessary to be able to set foot in a college classroom.
  As David Cay Johnston, a Pulitzer Prize winning author and New York
Times reporter comments in his new book, ``Free Lunch,'' each year an
estimated 1.5 million students decline to seek federal student
financial assistance for which they are eligible because the form is
too complicated.
  A report produced by the Institute for College Access and Success
supports the approach that is taken in this amendment, and it
identifies about a third of the questions that it highlights in its
report as being questions that could be deleted if we could simply get
two bureaucracies to communicate with one another.
  That is really all that this amendment is about, trying to make the
forms less complicated by getting the Internal Revenue Service and the
Department of Education to communicate with each other and eliminate
the confusion, to share data that is already available. This amendment
would authorize the Secretary of Education to provide for the use of
tax data that the IRS has available when the student aid form is due in
February.

                              {time}  1545

  Under this proposal, students would not lose their ability to correct
any information that the Department of Education gets that might not be
accurate.
  The access would be improved; the accuracy would be improved. And it
works both ways: just as we want to be sure that no student eligible
for aid is denied that aid, or as is currently happening, because of
the complex form, we also want to be sure that no student ineligible
gets that aid.
  That's one of the reasons that the Bush Administration proposed
something similar to what I am advancing, because they were concerned
that about $350 million every year in assistance is provided and lost
as a result of inaccurate information. So it will be a two-way street:
get the information that is needed, minimize the confusion and the
bureaucracy, and help more students obtain the opportunity to get a
college education.
  Madam Chairman, I reserve the balance of my time.
  Mr. KELLER of Florida. Madam Chairman, I ask unanimous consent to
claim the time in opposition, although I am not opposed to the
amendment.
  The Acting CHAIRMAN. Without objection, the gentleman is recognized
for 5 minutes.
  There was no objection.
  Mr. KELLER of Florida. Madam Chairman, at this time I yield 3 minutes
to the gentleman from North Carolina (Mr. Hayes).
  Mr. HAYES. I thank Congressman Keller for yielding.
  Madam Chairman, I rise today in support of the Doggett amendment. I
believe this amendment will simplify the application process for
students and families seeking financial aid.
  I feel that the Free Application for Federal Student Aid, FAFSA, is
overly complicated and a real burden on students and parents who need
the most financial assistance. I believe we must take the burden off
families and put more of it on the IRS and the Department of Education.
  Current language in the bill encourages the Secretaries of Education
and the Treasury to work together. By adopting this amendment, we are
requiring the Federal agencies to work together to use existing IRS
data to get positive outcomes.
  With the implementation of data matching, we can eliminate the
cumbersome and confusing FAFSA questions, increase the accuracy of the
data used in calculating aid eligibility, and ensure that Federal
financial aid dollars are going to the right people for the right
reasons.
  The issue was brought to my attention by University of North Carolina
President Erskine Bowles. I worked closely with him on this issue and
hope to see the changes that we discuss, which are included in this
amendment, be included in the final bill.
  I thank Mr. Bowles and the UNC system for their commitment to making
the FAFSA easier for students and families. Again, if we are going to
evaluate this issue, let's do it right. Let's put more of the burden on
the government to make the financial aid application process easier for
students and families who are applying for assistance.
  I appreciate Chairman Miller and Ranking Member McKeon for their
dedication in improving our education

[[Page H769]]

and hope that my colleagues will support the Doggett amendment.
  Mr. KELLER of Florida. Madam Chairman, I also rise in support of this
amendment, which will encourage the prepopulation of the FAFSA income
and asset information with tax data provided directly from the IRS to
the Department of Education, if done by taxpayer consent.
  In a nutshell, this amendment will greatly simplify the financial aid
process and help to eliminate erroneous payments under the Pell Grant
program. By taking these commonsense steps, it is estimated that the
Federal Government would save billions of dollars over the next 5
years, which could go toward providing additional Pell Grant aid to our
most disadvantaged students.
  For all of these reasons, I urge its adoption and yield back the
balance of my time.
  Mr. DOGGETT. Thank you very much, and I thank Mr. Keller and Mr.
Hayes for their important comments and yield 1 minute to Chairman
Miller for his observations.
  Mr. GEORGE MILLER of California. I thank the gentleman from Texas
(Mr. Doggett). Thank you so much for offering this amendment.
  Madam Chairman, this is a critical amendment if we are, in fact,
going to simplify the process of applying for student loans, if we are
going to make it understandable to parents and to students who make
these applications, and we are going to cut down the time that is
required by them to do this.
  This linking of the data between the IRS and the Department of
Education, we have been given excuse after excuse after excuse why this
couldn't be done. The Doggett-Hayes amendment allows this to happen,
requires that it happen. It's very important that we support this
amendment and that it be part of the final bill when it comes out of
the conference committee.
  I want to thank the gentlemen, Mr. Doggett from Texas and Mr. Hayes,
for offering this amendment, a very, very important amendment if we are
going to change the way we do business and do it on behalf of families
and students to make their life easier and to save the Federal
taxpayers a lot of money.
  Mr. DOGGETT. I thank the gentleman for his comments and for the
support and encouragement that he and his staff have provided us on
this amendment. I also want to thank the Greater Austin Chamber of
Commerce for bringing this to my attention.
  Austin is an area that has a very dynamic economy, and so much of our
success results from the fact that our business leaders are enlightened
and recognize that one of the best investments we can make is in our
people. We have been concerned with a workforce shortage, with needing
more highly skilled, highly educated people, and this is a measure that
the Chamber identified as part of its ``20,010 by 2010'' initiative of
trying to get college graduates from our area that can staff our many
high-tech and other companies.
  I salute Sandy Hentges and Drew Scheberle and the many other members
of the Chamber staff and leadership for their work that led to this
amendment.
  Let me just say in conclusion, thanks for the bipartisan support for
this measure. I hope only that with our measure, for which we have
considered a variety of different versions during recent months while
working with the committee, I just hope that both of the bureaucracies
involved here will really heed this amendment and will move
expeditiously because it will ensure more young people have an
opportunity to obtain a college education and have the support they
need, and it will also reduce the cost from those who are receiving
assistance improperly.
  Madam Chairman, I yield back the balance of my time and urge adoption
of the amendment.
  The Acting CHAIRMAN. The question is the amendment offered by the
gentleman from Texas (Mr. Doggett).
  The amendment was agreed to.


                 Amendment No. 19 Offered by Mr. Baird

  The Acting CHAIRMAN. It is now in order to consider amendment No. 19
printed in House Report 110-523.
  Mr. BAIRD. Madam Chairman, I offer an amendment.
  The Acting CHAIRMAN. The Clerk will designate the amendment.
  The text of the amendment is as follows:

  Amendment No. 19 offered by Mr. Baird:
       At the end of title VIII of the bill, add the following new
     section:

     SEC. 814. STUDY OF AID TO LESS-THAN-HALF-TIME STUDENTS.

       (a) Study Required.--The Secretary shall conduct a study on
     making and expanding the student aid available under title IV
     of the Higher Education Act of 1965 to less-than-half-time
     students. The Secretary shall submit a report on the results
     of such study, including the Secretary's recommendations, to
     the authorizing committees not later than one year after the
     date of enactment of this Act.
       (b) Subjects for Study.--The study required by this section
     shall, at a minimum, examine the following:
       (1) The existing sources of Federal aid for less-than-half-
     time students seeking a college degree or certificate.
       (2) The demand for Federal aid for less-than-half-time
     students and whether the demand is satisfied by existing
     sources of Federal aid, taking into consideration not only
     the number of less-than-half-time students currently seeking
     a college degree or certificate, but also any increase in the
     number of less-than-half-time students that may result from
     an expansion of Federal aid for less-than-half-time students
     seeking a college degree or certificate.
       (3) The potential costs to the Federal Government and the
     potential benefits that could be received by students
     resulting from expanding Federal aid for less-than-half-time
     students seeking a college degree or certificate.
       (4) The barriers to expanding Federal aid for less-than-
     half-time students, including identifying--
       (A) statutory and regulatory barriers, such as student
     eligibility, institutional eligibility, need analysis,
     program integrity, and award amounts; and
       (B) other factors that may limit participation in an
     expanded Federal aid program for less-than-half-time
     students.
       (c) Recommendations to Be Provided.--The Secretary's
     recommendations under this section shall include
     recommendations for designing a demonstration student loan
     program tailored to less-than-half-time students. The
     recommendations shall include any required statutory or
     regulatory modifications, as well as proposed accountability
     mechanisms to protect students, institutions, and the Federal
     investment in higher education.
       (d) Definitions.--As used in this section:
       (1) the term ``Secretary'' means the Secretary of
     Education;
       (2) the term ``authorizing committees'' has the meaning
     provided in section 103 of the Higher Education Act of 1965,
     as amended by this Act;
       (3) the term ``less-than-half-time student'' means a
     student who is carrying less than one-half the normal full-
     time work load for the course of study that the student is
     pursuing, as determined by the institution such student is
     attending.

  The Acting CHAIRMAN. Pursuant to House Resolution 956, the gentleman
from Washington (Mr. Baird) and a Member opposed each will control 5
minutes.
  The Chair recognizes the gentleman from Washington.
  Mr. BAIRD. Madam Chairman, I want to address a fundamental problem in
our current education and support system and it is this, people who are
not able because they lack the money to go to school on their own
expense are not eligible for student loans if they can't go more than
half time.
  Ironically, this means that some of the people who are most in need
of student loans, and very often most deserving of student loans, are
ineligible for such loans. The one law we haven't been able to repeal
in Congress is the law of unintended consequences, and this is an
unintended consequence.
  We should not say to hardworking men and women who would like to go
back to school to improve their education, improve their standard of
living, no, you can't get any Federal help unless you have the time to
go more than half time. It just doesn't work. I have spoken to young,
hardworking students who say, look, I am doing everything right. I am
trying to raise my family. I am working for a living. I am paying my
bills. I would like to take courses, but I can't afford to do so
without a loan, and yet I am ineligible for the loan.
  What our amendment does is simply ask the Department to conduct a
study of the pros and cons of providing less than half-time students,
making them eligible for student loans and of possibly establishing a
pilot program to see how this can best be done. This amendment has
broad support. The American Association of University Women, the
National Education Association, the Hispanic Association of Colleges
and Universities, the American Association of Community Colleges and
others.

[[Page H770]]

  I would like to thank, particularly, the Chair and ranking member of
this committee and the subcommittee Chair, ranking member and their
staffs for their diligent work on this. It is a commonsense amendment
that will help literally millions of Americans be eligible for student
loans to further their education.
  Madam Chairman, I would urge passage of this amendment and reserve
the balance of my time.
  Mr. KELLER of Florida. Madam Chairman, I ask unanimous consent to
claim the time in opposition, although I am not opposed to the
amendment.
  The Acting CHAIRMAN. Without objection, the gentleman is recognized
for 5 minutes.
  There was no objection.
  Mr. KELLER of Florida. Madam Chairman, we have no objections to this
amendment, will be voting ``yes.'' I urge my colleagues to do the same,
and I yield back the balance of my time.
  Mr. BAIRD. Madam Chairman, I yield to the distinguished chairman, Mr.
Miller, for 30 seconds.
  Mr. GEORGE MILLER of California. I want to thank the gentleman for
offering this amendment.
  Madam Chairman, I think that this is a very important amendment. It
starts to make the attempt to conform our policies with the make-up of
the college population and the reasons that people go back to college,
which are much more diverse today than they were 10, 15 years ago; and
I want to thank him and urge my colleagues to support this amendment.
  Mr. BAIRD. Madam Chairman, I urge passage and yield back the balance
of my time.
  The Acting CHAIRMAN. The question is on the amendment offered by the
gentleman from Washington (Mr. Baird).
  The amendment was agreed to.


                Amendment No. 21 Offered by Mr. Crowley

  The Acting CHAIRMAN. It is now in order to consider amendment No. 21
printed in House Report 110-523.
  Mr. CROWLEY. Madam Chairman, I offer an amendment.
  The Acting CHAIRMAN. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Amendment No. 21 offered by Mr. Crowley:
       Page 346, after line 20, insert the following new section
     (and redesignate the succeeding sections accordingly):

     SEC. 427. LOAN FORGIVENESS FOR VOLUNTEER MENTORING.

       Part B of title IV is further amended by inserting after
     section 428L (as added by the preceding section) the
     following new section:

     ``SEC. 428M. LOAN FORGIVENESS FOR VOLUNTEER MENTORING.

       ``(a) Program Authorized.--
       ``(1) Loan forgiveness authorized.--The Secretary shall
     forgive, in accordance with this section, the student loan
     obligation of a borrower in the amount specified in
     subsection (c) who--
       ``(A) commits to volunteering as a mentor for a period of
     at least one school year as described in subsection (b);
       ``(B) attends a recognized community college; and
       ``(C) is not in default on a loan for which the borrower
     seeks forgiveness.
       ``(2) Method of loan forgiveness.--To provide loan
     forgiveness under paragraph (1), the Secretary is authorized
     to carry out a program--
       ``(A) through the holder of the loan, to assume the
     obligation to repay a qualified loan amount for a loan made,
     insured, or guaranteed under this part (other than an
     excepted PLUS loan (as such term is defined in section
     493C(a))); and
       ``(B) to cancel a qualified loan amount for a loan made
     under part D of this title (other than such an excepted PLUS
     loan).
       ``(3) Regulations.--The Secretary is authorized to issue
     such regulations as may be necessary to carry out the
     provisions of this section.
       ``(b) Volunteer Mentoring.--For purposes of this section,
     an individual shall be treated as participating in a
     volunteer mentoring program if they commit to mentoring an
     at-risk child for a period of not less than one school year.
       ``(c) Qualified Loan Amount.--At the end of each school,
     academic, or calendar year of volunteering as a mentor on or
     after the date of enactment of the College Opportunity and
     Affordability Act of 2007 as described in subsection (b), not
     to exceed 5 years, the Secretary shall forgive $10 of the
     student loan obligation of a borrower that is outstanding
     after the completion of each such school, academic, or
     calendar year of employment, for every hour of mentoring
     committed, not to exceed $10,000 in the aggregate for any
     borrower.
       ``(d) Priority.-- The Secretary shall grant loan
     forgiveness under this section on a first-come, first-served
     basis, and subject to the availability of appropriations.''.

  The Acting CHAIRMAN. Pursuant to House Resolution 956, the gentleman
from New York (Mr. Crowley) and a Member opposed each will control 5
minutes.
  The Chair recognizes the gentleman from New York.
  Mr. CROWLEY. Madam Chairman, I rise today to offer an amendment that
will reward community college students who are serving an important
role in all of our communities.
  Specifically, it will provide community college students who mentor
at-risk children with $10 of their student loan forgiveness for every
hour, for each hour of mentoring they complete. Not only will this loan
forgiveness help our college students afford their student loans, but
it will also help recruit mentors for at-risk children.
  I am proud that this Congress is so committed to creating loan
forgiveness programs for students who work in areas of national need
after graduation. Teachers, nurses, police officers, and child welfare
workers are just some professions that will have more opportunities for
loan forgiveness under the legislation we are considering today.
  I applaud the Education and Labor Committee, particularly Chairman
Miller and Ranking Member McKeon, for their work on this legislation.
  However, unlike many of the existing programs, my amendment offers
loan forgiveness to students for volunteer work they complete while
they are still in school, not for entering a specific profession upon
graduation. For most, mentoring children is a volunteer effort and not
a full-time job, and their reward is not monetary. With the realization
that this kind of work makes a real difference, not only in the life of
the young person they are mentoring or in their own lives, but, in
fact, it helps our entire community.
  Caring adults can make a difference in children's lives, and research
shows the many positive effects of mentoring. Children that have
mentors have better relationships with adults, fewer disciplinary
referrals, and more confidence to achieve their goals. Mentoring
programs are a cost-effective approach to reducing teen pregnancy,
substance abuse, incarceration, and violence.
  For at-risk children who are already susceptible to these dangers,
the need for a mentor is even greater. Unfortunately, mentors are not
always easy to recruit, and finding mentors that are able to develop
long-term relationships with children can be even more difficult.
  I believe that by providing a small incentive, we will compel others
to engage in this kind of volunteerism. That is why I am offering this
amendment to provide an incentive for college students to begin
mentoring now, which will hopefully lead them to continue serving as a
mentor long after they have graduated.
  Community college students are ideal targets for mentoring
recruitment because they tend to have existing relationships within the
surrounding community and are likely to remain in the area after
completing their studies. This encourages a consistent mentor
relationship, which provides the most stability for at-risk children.
  Of course, potential mentors can be found in many places, and I hope
that in the future we will be able to expand this program to all
colleges and universities. I know that many institutions are working on
ways to encourage their student body to get more involved in
volunteering, and I am certain that passing this amendment today will
lead to future success.
  I would ask my colleagues to please join me in supporting this
amendment.
  Madam Chairman, I reserve the balance of my time.
  Mr. KELLER of Florida. Madam Chairman, I ask unanimous consent to
claim the time in opposition, although I am not opposed to the
amendment.
  The Acting CHAIRMAN. Without objection, the gentleman is recognized
for 5 minutes.
  There was no objection.
  Mr. KELLER of Florida. Madam Chairman, this is a very creative
outside-the-box way to provide an incentive to recruit mentors for at-
risk kids, and I commend the author of this amendment, Congressman
Crowley, for coming up with this idea; and I will be voting for it.

[[Page H771]]

  I had a mentor myself when I was a young child in Big Brothers Big
Sisters program. When I got a little older and became an adult, I
became a mentor to high school students through the largest mentoring
program in Orlando, Florida, called Compact, which provides mentors to
children who are at risk of dropping out of school.
  I then became chairman of the board of that organization; chairman of
the Mentoring Caucus, once I got to Congress; and a coauthor of the
Mentoring for Success Act with Congressman Tom Osborne, which is now
part of No Child Left Behind.

                              {time}  1600

  I tell you this by way of background, because I know that the hardest
thing in mentoring organizations is recruiting mentors. I gave in 1
year 50 speeches to Rotary clubs and Kiwanis clubs to recruit 700
mentors, and it was very difficult because sometimes you only get folks
to mentor for 1 year. But I saw that once you invested the time towards
recruitment, it made a difference. That program, Compact, has a 95
percent success rate in keeping kids in school. As Congressman Crowley
alluded to, that helps all of us in terms of lower incarceration rates.
Right now, 75 percent of the inmates in our jails and prisons
nationwide are high school dropouts. State prisons cost taxpayers
$20,000 a year; Federal prisons, $25,000 a year.
  If we can say to community college students, Hey, we want you to do
the right thing by providing an hour a week as a mentor, or more, and
by the way, if you do, we will help you financially for $10 an hour for
every hour you mentor for a year, that creates a pretty good pool of
folks that we can look to to do the right thing and have a financial
incentive.
  I congratulate you for this innovative approach. I never thought of
it, but am impressed with it, and will be voting for it. I urge my
colleagues on both sides of the aisle to vote for it as well.
  I yield back the balance of my time.
  Mr. CROWLEY. I yield 30 seconds to the gentleman from California (Mr.
George Miller).
  Mr. GEORGE MILLER of California. I thank the gentleman from New York
(Mr. Crowley) for offering this amendment. As has been pointed out,
mentoring can be a very powerful force in students' lives as they
struggle. To have mentoring by older students or older members of the
community who have a grasp of the subject matter can really turn around
their abilities to read and do math and comprehend so many other
subjects and lead to improved performance in school or in other
activities in the community.
  I thank the gentleman for offering this and urge support of the
amendment.
  Mr. CROWLEY. Mr. Chairman, let me thank the chairman, Mr. Miller, for
his comments. And thank you, Mr. Keller, for adding your own life
experience and adding that to the debate today, and for your support
for this amendment.
  We have heard the expression ``this is a win-win.'' Well, this is a
win-win-win. This is a win for the at-risk youth. This is a win for the
student who will serve as a mentor and be able to repay his or her
college loan at $10 an hour for each hour that they commit to this
program, and this is a win for all of our communities as well,
mentoring at-risk youth, enabling them to have a better quality of life
through this program. And I thank both of you, and all of my
colleagues, for supporting this amendment.
  Mr. Chairman, I yield back the balance of my time.
  The Acting CHAIRMAN (Mr. Pomeroy). The question is on the amendment
offered by the gentleman from New York (Mr. Crowley).
  The amendment was agreed to.


                 Amendment No. 22 Offered by Mr. Cooper

  The Acting CHAIRMAN. It is now in order to consider amendment No. 22
printed in House Report 110-523.
  Mr. COOPER. Mr. Chairman, I offer an amendment.
  The Acting CHAIRMAN. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Amendment No. 22 offered by Mr. Cooper:
       Page 244, line 7, strike ``$300,000,000'' and insert
     ``$500,000,000''; and on line 11, strike ``$100,000,000'' and
     insert ``$125,000,000''.

  The Acting CHAIRMAN. Pursuant to House Resolution 956, the gentleman
from Tennessee (Mr. Cooper) and a Member opposed each will control 5
minutes.
  The Chair recognizes the gentleman from Tennessee.
  Mr. COOPER. Mr. Chairman, this is a very simple but important
amendment. It will help Historically Black Colleges and Universities,
as well as Historically Black Graduate Institutions. What it would do
is raise the authorization level for HBCUs, Historically Black Colleges
and Universities, from the current $300 million up to $500 million,
which is a $200 million increase, and a vitally necessary $200 million
increase. It has been some 10 years since the Higher Ed. Act has been
reauthorized. It is very important that we take into account inflation
and other needs and offer to HBCUs the help that they so desperately
need.
  The amendment would also increase for HBGIs, Historically Black
Graduate Institutions, the authorization from the current $100 million
and would take it up to $125 million.
  As the chairman knows, being a Blue Dog Democrat, I am firmly
committed to finding spending cuts to pay for these eventual
appropriations, but the key is to lift the cap to allow these vitally
important national institutions to grow and prosper and continue the
wonderful job they are currently doing.
  Although these institutions today are only 3 percent of the total
college and graduate population in this country, they graduate 25
percent of our minority lawyers and doctors and teachers and other
workers, so these are vitally important institutions.
  I want to thank the chairman of the full committee, Mr. Miller, for
allowing this amendment. And also, in particular, our majority whip,
Mr. Clyburn, for the key role he has played in making sure that
Historically Black Colleges and Universities get the attention they
deserve.
  Mr. Chairman, I reserve the balance of my time.
  Mr. KELLER of Florida. Mr. Chairman, I ask unanimous consent to claim
the time in opposition, although I am not opposed to the amendment.
  The Acting CHAIRMAN. Without objection, the gentleman is recognized
for 5 minutes.
  There was no objection.
  Mr. KELLER of Florida. Mr. Chairman, I yield such time as he may
consume to the gentleman from Delaware (Mr. Castle).
  Mr. CASTLE. Mr. Chairman, I thank the gentleman for yielding, and I
rise in strong support of the Cooper amendment.
  I am a great believer in what our historically black colleges have
done and continue to do. Delaware State University in my State is
clearly a good example of that. I think this authorization level
increase makes a lot of sense.
  This is not something new. This has been going on for over 100 years
in our country. We have been basically educating African Americans,
sometimes in a segregated way, but now I think in every instance in a
way where we have complete desegregation, too. The historical black
colleges have played a prominent role in the education of many African
American students in our country and have provided an environment of
intellectual and cultural growth.
  While comprising 2.4 percent of all 2- and 4-year title IV eligible
institutions, the Historically Black Colleges and Universities are
responsible for 23 percent of the bachelor's degrees awarded to African
Americans, 13.6 percent of all master's degrees awarded to African
Americans, and 24.1 percent of first professional degrees awarded to
African Americans. These statistics are very important, and I think
make a great deal of sense in terms of our continuing support in the
Congress of the United States of America.
  I think the amendment is a good amendment, and I believe that it is
one that we should all support here as part of this act which is going
to help higher education in our country.
  Mr. COOPER. Mr. Chairman, I am proud to support this amendment on
behalf of the HBCUs that I represent in my district, Meharry Medical
College, Fisk University, and Tennessee State University, and also on
behalf of the 103 other great HBCUs across this country.

[[Page H772]]

  And I now yield such time as he may consume to the gentleman from
Tennessee (Mr. Cohen) who represents LeMoyne-Owen College in his
district.
  Mr. COHEN. Thank you, Congressman Cooper.
  Earlier this year, on the budget, Congressman Cooper and I
cosponsored an amendment to include this in the budget. Unfortunately,
it didn't make it through the Senate, and I am proud to be here to
support this amendment with Congressman Cooper.
  In my district, LeMoyne-Owen College has struggled financially. It is
an institution of long and historic import to our community. It
survived this year. It has difficulties with its financial base, but it
has done much for our city in educating young people and continues to
do so.
  This provision would give LeMoyne and Fisk, which has had some
financial difficulties, and other schools like Bennett and Wiley,
additional help so they can continue to serve a mission that is unique
in this country.
  Anybody who saw the movie ``The Great Debaters'' should be able to
understand what Historically Black Colleges and Universities mean to
many people in this country. There are alumni of Fisk University,
LeMoyne-Owen, Wiley, and other Historically Black Colleges and
Universities which see their institutions being threatened with
elimination. That is a serious thing. We consider our colleges part of
ourselves and almost part of our family, that is part of your home,
your mother, in essence. To have it disappear is wrong.
  LeMoyne-Owen is a good institution, as is Fisk, as is Wiley, and this
amendment would help them stay capable of surviving and servicing
people who want an education in this atmosphere, and I wholeheartedly
support this amendment and thank Congressman Cooper for bringing it.
  Mr. KELLER of Florida. Mr. Chairman, I yield back the balance of my
time.
  Mr. COOPER. I yield back the balance of my time.
  The Acting CHAIRMAN. The question is on the amendment offered by the
gentleman from Tennessee (Mr. Cooper).
  The amendment was agreed to.


              Amendment No. 23 Offered by Mr. Ryan of Ohio

  The Acting CHAIRMAN. It is now in order to consider amendment No. 23
printed in House Report 110-523.
  Mr. RYAN of Ohio. Mr. Chairman, I offer an amendment.
  The Acting CHAIRMAN. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Amendment No. 23 offered by Mr. Ryan of Ohio:
       At the end of title VIII of the bill, add the following new
     section:

     SEC. 814. ESTABLISHMENT OF PILOT PROGRAM FOR COURSE MATERIAL
                   RENTAL.

       (a) Pilot Grant Program.--From the amounts appropriated
     pursuant to subsection (e), the Secretary shall make grants
     on a competitive basis to not more than 10 institutions of
     higher education to support pilot programs that expand the
     services of bookstores to provide the option for students to
     rent course materials in order to achieve savings for
     students.
       (b) Application.--An institution of higher education that
     desires to obtain a grant under this section shall submit an
     application to the Secretary at such time, in such form, and
     containing or accompanied by such information, agreements,
     and assurances as the Secretary may reasonably require.
       (c) Use of Funds.--The funds made available by a grant
     under this section may be used for--
       (1) purchase of course materials that the entity will make
     available by rent to students;
       (2) any equipment or software necessary for the conduct of
     a rental program;
       (3) hiring staff needed for the conduct of a rental
     program, with priority given to hiring enrolled undergraduate
     students; and
       (4) building or acquiring extra storage space dedicated to
     course materials for rent.
       (d) Evaluation and Report.--
       (1) Evaluations by recipients.--After a period of time to
     be determined by the Secretary, each institution of higher
     education that receives a grant under this section shall
     submit a report to the Secretary on the effectiveness of
     their rental programs in reducing textbook costs for
     students.
       (2) Report to congress.--Not later than September 30, 2010,
     the Secretary shall submit a report to Congress on the
     effectiveness of the textbook rental pilot programs under
     this section, and identify the best practices developed in
     such pilot programs. Such report shall contain an estimate by
     the Secretary of the savings achieved by students who
     participate in such pilot programs.
       (e) Authorization of Appropriations.--There are authorized
     to be appropriated to carry out this section $50,000,000 for
     fiscal year 2009 and 2010.

  The Acting CHAIRMAN. Pursuant to House Resolution 956, the gentleman
from Ohio (Mr. Ryan) and a Member opposed each will control 5 minutes.
  The Chair recognizes the gentleman from Ohio.
  Mr. RYAN of Ohio. Mr. Chairman, I rise in support of this amendment
and first want to thank Mr. Miller for what he has been able to do with
this piece of legislation, and also thank the gentleman from New York.
And congratulations on the New York Giants' victory in the Super Bowl.
  This is an issue that is near and dear to many people's hearts in
this Congress, the cost of college education.
  When you think about what a lot of these kids have to go through,
application fees, lab fees, parking passes, meal tickets, rec center
fees. You get a bill from the bursar's office, and you don't even know
what it is for, but it is for $150.
  And one of the key factors in the increase in the cost of a college
education is textbooks. You buy a textbook for $100, you use it for the
semester, and you bring it back and they say, We will give you a dollar
for it. So you end up keeping it.
  This amendment creates a pilot program across the United States
authorizing $50 million over 2 years to allow pilot programs for book
rentals. There have been programs across the country, several here or
there, that have showed savings for students up to a third of the cost
of the textbooks. This pilot program gives the Secretary of Education
great discretion to start up to 10 pilot programs where they can begin
to share books, rent books, put them back into circulation and save
students some money.
  This is an opportunity for us to figure out what pilot programs work,
what is best for a big school, and what is best for a smaller school,
but give us an opportunity to figure out how we can save these students
money.
  We talk about being competitive in a global economy, we talk about
investing in education, but if we continue to have these kinds of
barriers for our students, we are not going to get the entries that we
need, and we are not going to get the production of diplomas that we
need in this country to continue the kind of economic growth we need.
  I think this is a good amendment that gives a lot of discretion to
the Secretary of Education to make sure that we try to figure this out
and do it the right way.
  I would appreciate support for this amendment. I know that the
chairman supports it. I think it is a good thing to add onto this bill.
I think it is good for the country, and it gets us into an innovative
mindset as we try to address the cost of college education.
  Mr. Chairman, I reserve the balance of my time.
  Mr. KELLER of Florida. Mr. Chairman, I ask unanimous consent to claim
the time in opposition, although I am not opposed to the amendment.
  The Acting CHAIRMAN. Without objection, the gentleman is recognized
for 5 minutes.
  There was no objection.
  Mr. KELLER of Florida. Mr. Chairman, I yield such time as he may
consume to the gentleman from Delaware (Mr. Castle).
  Mr. CASTLE. Mr. Chairman, I rise in support of the Ryan-Altmire
amendment in the broader sense of what we are dealing with here today,
and that is the cost of higher education.

                              {time}  1615

  I think we have an obligation as elected officials in this country to
do everything in our power to allow young individuals, perhaps in some
cases middle-aged individuals, to proceed with a college education. It
is necessary for the future of our country, for the future of our
economy, and we have to look at all different measures of this. And
we're dealing with a lot of broader measures here today. But I've often
heard this issue of textbooks is a significant cost driver, and I think
it is. I see, by some statistics that have been provided to us, the
textbook prices have increased at four times the rate of inflation
since 1994; and students spend an average of $900 a year on textbooks,

[[Page H773]]

an amount equal to 20 percent of tuition at an average university, half
the tuition at a community college. If those numbers are anywhere near
correct, and they're projected numbers, but if they're anywhere near
correct, that is a huge problem which we have to address in this
country. And the colleges have sort of wrestled with it a little bit,
but I think they need some guidance. And I believe that the proposal
which is in this amendment provides some good guidance to actually try
to put together a program so that textbooks can be exchanged and the
costs can be kept down greatly.
  Under the bill, the publishers would be asked to provide more
information to the faculty about pricing; and that's good, because I
think the bill did some good things in this area. And colleges and
universities would be required to notify their students about which
books are needed for which classes so the students are better able to
plan and prepare for textbook costs.
  But this amendment, which goes further than that, provides us with an
opportunity to take more concrete steps to address the high cost of
college textbooks by creating the limited pilot competitive grant
program to establish a college textbook rental program. If this, as a
pilot program, can work, it could lead to measures much further down
the line which could provide very substantial cost savings to
individuals who are attending college. And for that reason, hopefully
we can all be supportive of it.
  Mr. RYAN of Ohio. Mr. Chairman, can I inquire how much time I have.
  The Acting CHAIRMAN. The gentleman from Ohio has 2\1/2\ minutes
remaining.
  Mr. RYAN of Ohio. Mr. Chairman, I would like to yield 1\1/2\ minutes
to my partner from Pennsylvania (Mr. Altmire) whose fingerprints are
all over this amendment.
  Mr. ALTMIRE. Mr. Chairman, over the past 20 years, the average price
of textbooks has nearly tripled. College students now spend $1,000 a
year on textbooks, and for some majors it can be up to $2,000. This
dramatic rise in textbook prices is a significant contributor to the
increase in overall cost of college education. To remedy this, I'm
offering this amendment today with Congressman Ryan. Our amendment
creates a pilot program to award 10 competitive grants to establish
rental textbook programs.
  Rental programs could reduce textbook expenses by up to 75 percent. A
recent report by the Advisory Committee on Student Financial Assistance
highlighted textbook rental programs as a way to significantly reduce
textbook expenses. The same report noted that the primary obstacle to
these programs is the start-up costs associated with implementing them.
  The Ryan-Altmire amendment will enable institutions to create
textbook rental programs and, as a result, save students money. I
encourage all of my colleagues to support it. And I thank the gentleman
from Niles, Ohio, for allowing me to attach my name to his amendment.
  Mr. KELLER of Florida. Mr. Chairman, I yield myself as much time as I
may consume.
  I also will be supporting the Ryan-Altmire amendment. I am not so far
removed from college and law school that I don't remember the days when
you would go to buy your textbook at the bookstore. Often you'd be
required to buy a particular textbook written by that professor and get
sticker shock that this particular book is $120.
  When you talk to the publisher, sometimes they say, well, it's not
our fault. We sold it to the bookstore at 60 bucks and they marked it
up to 120 bucks. And when you talk to the bookstore people they said,
no, it's their fault because they told us an abnormally low suggested
retail price and made us look bad.
  I don't know whose fault it is. All I know is we've got to get some
relief to these college and law school and graduate students who are
forced to buy particular books. This seems to at least try, and
whatever we can do to try to help these kids who are spending $900 to
$2,000 a year we owe it to them to do. So I urge my colleagues to vote
``yes'' on this bill.
  Mr. Chairman, I yield back the balance of our time.
  Mr. RYAN of Ohio. Mr. Chairman, I'd like to thank the gentleman and
appreciate the bipartisan support of this amendment. Funding education,
trying to reduce the cost of college is not a partisan issue. This is
something that we need to do as Americans if we want to stay
competitive.
  You can't fund your military without a growing economy. You can't
have a growing economy without investments in education.
  This particular amendment has taken the advice from the Advisory
Committee on Student Financial Assistance that was started a couple of
years ago, offered this as a suggestion. We're taking that suggestion;
we're working with it.
  Colleges in Ohio, my alma mater, Bowling Green, is now, through this
program, offering books for 35 percent of what the book should cost. So
a $100 book, through this program at Bowling Green is 35 bucks. That's
a significant savings for our students.
  So I want to thank the bipartisan support, thank Speaker Pelosi, and
thank Chairman Miller for their help with this amendment.
  Mr. Chairman, I yield back the balance of my time.
  The Acting CHAIRMAN. The question is on the amendment offered by the
gentleman from Ohio (Mr. Ryan).
  The amendment was agreed to.


               Amendment No. 24 Offered by Mr. Van Hollen

  The Acting CHAIRMAN. It is now in order to consider amendment No. 24
printed in House Report 110-523.
  Mr. VAN HOLLEN. Mr. Chairman, I offer an amendment.
  The Acting CHAIRMAN. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Amendment No. 24 offered by Mr. Van Hollen:
       At the end of section of section 271 of the Higher
     Education Act of 1965, as added by section 201 of the bill,
     add the following new subsection:
       ``(f) Authorization of Appropriations.--Of the sums
     authorized to be appropriated by section 240, the amount
     authorized to be appropriated to carry out this section shall
     not exceed--
       ``(1) $20,000,000 for fiscal year 2009;
       ``(2) $25,000,000 for fiscal year 2010; and
       ``(3) such sums as may be necessary for each of the 3
     succeeding fiscal years''.

  The Acting CHAIRMAN. Pursuant to House Resolution 956, the gentleman
from Maryland (Mr. Van Hollen) and a Member opposed each will control 5
minutes.
  The Chair recognizes the gentleman from Maryland.
  Mr. VAN HOLLEN. Mr. Chairman, I rise today to join my colleague, Mr.
Castle of Delaware, in offering this amendment in support of Teach for
America. And I want to recognize the efforts of Mr. Castle for his
years of advocacy for this very important cause and thank Chairman
Miller and Ranking Member McKeon for their stalwart bipartisan support
for Teach for America.
  For many years, Teach for America has pioneered an innovative and
very successful approach to teacher recruitment, placing over 17,000
outstanding college graduates in schools around our Nation, reaching
over 2 million students. Many of those graduates remain in education
after teaching as corps members, either as teachers or as principals,
or remain otherwise active within our educational community.
  This is a program that has received strong bipartisan support from
this Congress, and the Teach for America Act, which authorizes the
partnership between the Federal Government and this important program,
was introduced on a bipartisan basis by a number of us, including Mr.
Castle, Ms. DeLauro, who has been a champion of this issue, Mr. Regula,
Mr. Sarbanes, and now has over 105 cosponsors. And I want to thank
Chairman Miller and the committee for incorporating the major
provisions of that legislation into the bill that is before us today.
  This amendment proposes one change, which is the bill before us
authorizes such sums as may be necessary for this program. And what
this amendment does is seek to clarify our congressional intent with
respect to the specific targets that we want to hit with respect to
funding. It sets an authorized level of $20 million for fiscal year
2009 and $25 million for fiscal year 2010. And those are the levels
that are consistent with the Teach for America's published budget. And
with this funding, Teach for America can expand

[[Page H774]]

from 5,000 members in 26 urban and rural areas around the country, to
8,000 members in 33 regions and serve 680,000 economically
disadvantaged children.
  This is an important, real impact. Teach for America has been
forthright about its plans, and it raises about 80 percent of its funds
from nongovernment sources. This amendment, of course, does not make
this mandatory, but it clearly says that this is the intent of Congress
to reach these levels. These are the levels necessary to get the job
done and make sure we fund our share of this very important
partnership.
  Mr. Chairman, I reserve the balance of my time.
  Mr. KELLER of Florida. Mr. Chairman, I ask unanimous consent to claim
the time in opposition, although I am not opposed to the amendment.
  The Acting CHAIRMAN. Without objection, the gentleman is recognized
for 5 minutes.
  There was no objection.
  Mr. KELLER of Florida. Mr. Chairman, I yield 2\1/2\ minutes to the
coauthor of this amendment, the gentleman from Delaware (Mr. Castle).
  Mr. CASTLE. Mr. Chairman, I rise in strong support of the amendment
which I have cosponsored with Mr. Van Hollen. I could not be more
strongly in support of this.
  I think we need to understand what Teach for America is. Most people
may know, but essentially it's a reach-out by a young lady whose name
is Wendy Kopp, with a board of directors which is very strong, which
was created with the idea of attracting bright young students to
education.
  We have many, many good educators in America. We need the best
teachers we can find in this country. This was an effort to try to
attract individuals who are not necessarily involved in education to
become involved in that profession. So they reached out to our very
best schools. And all of a sudden, if you look at the Ivy League
schools and the other very top schools in America, you are going to
find there are more young candidates to go into the Teach for America
program than there are any other employer at those particular schools
now. A lot of young people want to do this, and it's been highly
successful.
  They get involved in the schools. It was never established,
necessarily, to have them be teachers for life. But that has actually
worked in favor of teaching as well because some have stayed in
teaching. Others have gone into education administration. And as a
result, we have been able to bolster our teachers across the United
States of America. It brings new young people into teaching; and with
the experienced good teachers that we have already in our country, it
can make a huge difference.
  I think we have a responsibility to inspire young people to teach, if
they are qualified to do so, in every way we possibly can. As a matter
of fact, they turned down so many people in this program, I think maybe
we should be suggesting a second program of some kind to pick up some
of those who were turned down, because they're very qualified people,
as a matter of fact.
  You heard some of the numbers which Mr. Van Hollen brought up before
of 5,000 corps members, et cetera. We want to increase that number.
That's what this is really all about.
  Hopefully, all of us can be supportive of legislation which is going
to provide good teachers, great teachers, to make a difference in the
lives of our young people and, hopefully, any concern about how they're
getting into teaching versus how others get into teaching is something
which we can resolve.
  This is clearly needed in this country. We need to improve our
schools however we can. I think this amendment will do it, and I
encourage everyone to support it.
  I rise in support of this amendment offered by Congressman Van
Hollen. I support H.R. 4137, and believe that with passage today we
will be making some good reforms for our institutions of higher
learning, parents, and students. This amendment is intended to build
upon these reforms, and extend them into our nations elementary and
secondary schools.
  Specifically, our amendment would authorize funding to support the
Teach for America Program to recruit, select, train and support a
national corps of outstanding recent college graduates, of all academic
majors, who commit to teach in low-income communities and who hopefully
become lifelong leaders for education.
  Earlier this year, Representative Van Hollen and I introduced
legislation which authorizes Teach for America. Currently, funding for
the program has been consistent, but piecemeal. The purpose of the
bill, and amendment, should the organization be awarded a grant, would
be to provide an efficient funding stream. Ultimately this will help
the organization grow from its current membership of over 5,000 corps
members in over 1,000 schools in 26 regions. The Teach for America
legislation has the support of 105 cosponsors, spanning the political
spectrum. The Senate has also expressed support for the program, and
has included language in their reauthorization of the Higher Education
Act. It is my hope that today the House will show their support by
including this amendment in H.R. 4137.
  What we know to be true is that a highly qualified teacher is
imperative to the achievement of our students. This amendment will help
us to make that more possible across the country. As we, as a nation,
continue to focus on closing the achievement gap, I see no better
compliment than a national teacher corps.
  I encourage all of my colleagues to join representative Van Hollen
and me in supporting this amendment.
  Mr. VAN HOLLEN. Mr. Chairman, I'd like to inquire how much time is
remaining.
  The Acting CHAIRMAN. Both sides have 2\1/2\ minutes remaining.
  The Acting CHAIRMAN. I yield 30 seconds to the chairman of the
committee, Mr. Miller.
  Mr. GEORGE MILLER of California. I just want to thank my colleagues
for support of this amendment. I want to thank Mr. Van Hollen. He's
been so persistent on this amendment.
  Teach for America brings a lot of exciting new people to teaching, to
join career teachers to rebuild our schools. And I know there's been
some criticism of this program. I would just say, ask a principal who
has Teach for America students in their schools. They're delighted.
They would like more.
  I also want to recognize, I see Mr. Regula sitting here, who's been a
champion of this program year after year after year in the
appropriations process.
  Mr. Van Hollen, thank you for this amendment.
  Mr. VAN HOLLEN. Thank you very much, Mr. Chairman.
  I reserve the balance of my time.
  Mr. KELLER of Florida. Mr. Chairman, at this time I'd like to yield
2\1/2\ minutes to the gentleman from Ohio (Mr. Regula).
  Mr. REGULA. I thank the gentleman for yielding, and I congratulate
the sponsors.
  In the Labor, Health and Human Resources and Education bill, we
started funding this program. It was a huge success. We had testimony
in our subcommittee from students who had been involved in this, and
they were so impressed that they could participate. And I'm sure, out
of this program, we've developed not only teachers, but administrators.
A classic example is Michelle Rhee, who is the new superintendent of
the City of Washington school system. She was a person who was part of
the Teach for America. And not only do you get teachers who are, of
course, extremely important to education, but you get people who will
probably be on school boards, community leaders who will be in
positions to further the cause of education. And I don't think there's
anything we can do as a Nation more important than beefing up and
supporting our education system. It's the future of this country to
have educated people, and to do that you need good teachers. And we
need to get people from all walks of life involved in teaching.
  I think it's a great program. We certainly were impressed with the
testimony we heard in the Labor, Health and Human Services Education
Subcommittee of the Appropriations Committee about the value of this to
the society and to the individuals involved.

                              {time}  1630

  I congratulate the authors for this support, and I think by making
this a part of the education program on a fixed basis we are saying, in
effect, this is more than temporary; this is of permanent value to the
future of this Nation and to the future of education.
  Mr. KELLER of Florida. Mr. Chairman, I urge my colleagues to vote
``yes'' on this amendment and yield back the balance of my time.
  Mr. VAN HOLLEN. Mr. Chairman, I also want to recognize Mr. Regula for
his early and steady support.

[[Page H775]]

  I yield 1 minute to Congresswoman Rosa DeLauro of Connecticut.
  Ms. DeLAURO. Mr. Chairman, I rise in support of this amendment. Last
year I participated in Teach for America's guest teacher program,
leading a class of first graders at Clemente Leadership Academy in New
Haven. I saw some of our brightest teachers, active and engaged
teachers, raising expectations, building the foundations to create
opportunity. That is what Teach for America is all about.
  The studies show that these teachers make more progress in reading
and math. That's expected. They obtain significantly greater gains in
math. They work in the highest need classrooms in the country. Their
alumni work in full-time positions in education. They support the
program's mission, and what they do is they have closed that
achievement gap.
  Support this amendment and confront the inequity; pursue educational
excellence.
  I urge a ``yes'' vote.
  Mr. VAN HOLLEN. May I inquire how much time is remaining.
  The Acting CHAIRMAN. The gentleman from Maryland has 1 minute
remaining.
  Mr. VAN HOLLEN. Mr. Chairman, I want to once again thank the chairman
of the committee, Mr. Miller, and the ranking member, Mr. McKeon, for
their efforts on this.
  I yield the remainder of my time to Mr. Chaka Fattah of Pennsylvania
who has been such a great leader on education issues across the board.
  (Mr. FATTAH asked and was given permission to revise and extend his
remarks.)
  Mr. FATTAH. Mr. Chairman, I want to thank Chairman Miller and the
ranking member, Buck McKeon, for a great bill. This amendment by my
colleagues to expand and authorize a greater investment in Teach for
America, there is no more important an effort, as far as I'm concerned,
in terms of recruiting quality teachers. We have hundreds of Teach for
America volunteers in the Philadelphia School District now and across
the country, and I've watched this program grow from its very
inception. It is a great program.
  This amendment will make this bill even better. I congratulate the
chairman and the ranking member and the work product of the committee.
  The Acting CHAIRMAN. The question is on the amendment offered by the
gentleman from Maryland (Mr. Van Hollen).
  The amendment was agreed to.


              Amendment No. 25 Offered by Mrs. Gillibrand

  The Acting CHAIRMAN. It is now in order to consider amendment No. 25
printed in House Report 110-523.
  Mrs. GILLIBRAND. Mr. Chairman, I offer an amendment.
  The Acting CHAIRMAN. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Amendment No. 25 offered by Mrs. Gillibrand:
       Page 406, line 17, strike ``and'' and after such line
     insert the following new paragraph (and redesignate the
     succeeding paragraph accordingly):
       (2) in subparagraph (C), by striking clauses (i) and (ii)
     and inserting the following:
       ``(i) the law enforcement authority of campus security
     personnel;
       ``(ii) the working relationship of campus security
     personnel with State and local law enforcement agencies,
     including whether or not the institution has a written
     agreement, such as a memorandum of understanding, with such
     agencies;
       ``(iii) the institution's plan, which shall address
     coordination with State and local law enforcement agencies,
     for the investigation of--

       ``(I) any felony described in subparagraph (F) of this
     paragraph occurring in the areas described in subparagraphs
     (A) through (D) of paragraph (12) of this subsection; and
       ``(II) a report of a missing student; and

       ``(iv) policies which encourage accurate and prompt
     reporting of all crimes to the campus police and the
     appropriate police agencies;''.

  The Acting CHAIRMAN. Pursuant to House Resolution 956, the
gentlewoman from New York (Mrs. Gillibrand) and a Member opposed each
will control 5 minutes.
  The Chair recognizes the gentlewoman from New York.
  Mrs. GILLIBRAND. Mr. Chairman, I rise in support of my amendment, and
I yield myself as much time as I may consume.
  First, I would like to thank Chairman Miller and Chairman Hinojosa
and Congressman Bishop for their leadership on this bill. This
reauthorization of the Higher Education Act will strengthen the
American Dream by allowing millions of young people to better afford
college.
  I also would like to thank my colleague Congressman Mike McNulty and
Congresswoman Carolyn McCarthy for their thoughtful work on the issue
of campus safety.
  Thank you, also, to Security on Campus, Inc., the leading advocacy
organization for campus security.
  Our country's number one priority is to protect our children from
harm so that they can grow up and fulfill their God-given potential. A
parent's worst fear is to send their child off to college and to have
them become a victim of violent crime. Tragically, this happens far too
often. The 10-year span from 1997 to 2006 registered, on average, 20
homicides every year occurring on college campuses.
  Furthermore, numerous college students, the majority of them young
women, have been abducted, leaving their family, friends, and community
searching for years in hopes of solving their case.
  Mr. Chairman, this issue has significantly affected the community
that I represent.
  On March 2, 1998, Suzanne Lyall, a 19-year-old sophomore at SUNY-
Albany, was kidnapped and never seen again. Nearly 10 years later, her
case remains unsolved.
  My amendment is intended to prevent more parents from experiencing
the pain that Suzanne's parents, Doug and Mary, must face every day.
The amendment that I am offering would ensure that all institutions of
higher education have a standing policy outlining the roles and
responsibilities for campus, local, and State law enforcement agencies
if a violent crime happens to occur on campus.
  This amendment will minimize confusion and delays during the initial
investigation of a violent felony, such as a kidnapping. The first few
hours and days after a crime is committed are the most critical for
solving a case, and the questions involving police jurisdiction should
be settled before a crime occurs, not after. My amendment will help
facilitate the prompt and sufficient investigation of serious crimes.
  In addition, the amendment's provisions have already been signed into
law in California, South Carolina, Tennessee, and my home State of New
York.
  Over 60 percent of postsecondary schools have fewer than 2,500
students. And thankfully, such horrific crimes are rare at small
schools. However, many of the small schools do not have a full police
force, and the school security force may not be sufficiently trained to
handle such a complex investigation.
  This amendment will give peace of mind to students and to parents by
giving them the knowledge that the best investigative procedures will
be followed to solve such terrible crimes.
  Mr. Chairman, at this time, I reserve the balance of my time.
  Mr. KELLER of Florida. Mr. Chairman, I ask unanimous consent to claim
the time in opposition, although I am not opposed to the amendment.
  The Acting CHAIRMAN. Without objection, the gentleman is recognized
for 5 minutes.
  There was no objection.
  Mr. KELLER. Mr. Chairman, I reserve the balance of my time.
  Mrs. GILLIBRAND. Mr. Chairman, I yield myself such time as I may
consume.
  I would also like to add that bringing attention to the issue of
campus safety has been a priority of mine since I entered Congress.
Last year, I introduced, and the House passed, House Resolution 303,
which called on the President to declare April 6, which is Suzanne
Lyall's birthday, National Missing Persons Day. This day will allow all
Americans to honor those who remain missing and to remember their
families and loved ones who hope and pray every day for their safe
return.
  April 6 is approaching, and I join with Suzanne's parents in strongly
advocating for the creation of this national day of remembrance.
  The amendment that I offer today will hopefully prevent future school
tragedies from happening. I urge all my colleagues to join me in
honoring Suzanne by voting ``yes.''

[[Page H776]]

  Mr. GEORGE MILLER of California. Mr. Chairman, will the gentlewoman
yield?
  Mrs. GILLIBRAND. I yield to the gentleman from California.
  Mr. GEORGE MILLER of California. Mr. Chairman, I want to thank the
gentlelady from New York (Mrs. Gillibrand) very much for offering this
amendment. The question of student safety is something that the
committee is hearing more and more about from not only schools but
obviously from parents. Parents are asking these questions now as they
seek to apply to different institutions, and I think this amendment
will be very helpful to us.
  I urge the support of the amendment.
  Mrs. GILLIBRAND. Mr. Chairman, I yield back the balance of my time.
  Mr. KELLER of Florida. Mr. Chairman, we have no objections to the
amendment.
  I yield back the balance of my time.
  The Acting CHAIRMAN. The question is on the amendment offered by the
gentlewoman from New York.
  The amendment was agreed to.


   Amendment No. 26 Offered by Mr. Patrick J. Murphy of Pennsylvania

  The Acting CHAIRMAN. It is now in order to consider amendment No. 26
printed in House Report 110-523.
  Mr. PATRICK J. MURPHY of Pennsylvania. Mr. Chairman, I offer an
amendment.
  The Acting CHAIRMAN. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Amendment No. 26 offered by Mr. Patrick J. Murphy of
     Pennsylvania:
       In section 490, after subsection (d), insert the following
     new subsection (and redesignate the succeeding subsection
     accordingly):
       (e) Commitment to and Notice of Tuition Levels.--
       (1) Amendment.--Section 487(a) is further amended by adding
     at the end the following new paragraph:
       ``(29)(A) The institution will provide to each admitted
     student considering an undergraduate or graduate program--
       ``(i) a multi-year tuition and fee schedule; or
       ``(ii) a single-year tuition and fee schedule, and
     nonbinding, multi-year estimate of net costs after all
     financial aid is awarded, assuming constant family and
     student income, assets, and relevant circumstances.
       ``(B) Multi-year schedules and estimates required by
     subparagraph (A)--
       ``(i) may include a percentage or dollar increase or
     decrease of any size the institution deems appropriate from
     one year to the next; and
       ``(ii) shall indicate, on a year-by-year basis, costs for
     the normal duration of the relevant student's undergraduate
     or graduate program.
       ``(C) Institutions that elect a single-year tuition and fee
     schedule under subparagraph (A)(ii) shall include with each
     multi-year estimate the average deviation, in percentage
     terms, between previous year estimates and actual net costs
     for students at their institution.
       ``(D) The Secretary shall waive the requirements of
     subparagraph (A), and of the commitment made therender, if
     the institution demonstrates to the Secretary that the
     requirements of subparagraph (A) are not practicable because
     of the occurrence of one or more events causing the
     institution severe economic distress, dramatic reduction of
     State or Federal aid, or any other circumstance the Secretary
     deems valid.''.
       (2) Effective date.--The amendment made by this subsection
     shall be effective on July 1, 2009.

  The Acting CHAIRMAN. Pursuant to House Resolution 956, the gentleman
from Pennsylvania (Mr. Patrick J. Murphy) and a Member opposed each
will control 5 minutes.
  The Chair recognizes the gentleman from Pennsylvania.
  Mr. PATRICK J. MURPHY of Pennsylvania. Mr. Chairman, I yield myself
as much time as I may consume.
  Mr. Chairman, today, with this bill, we will vote to make a real
difference and put a college education within reach of more students
than ever before. My colleagues, Chairman Miller, Chairman Hinojosa,
Mr. McKeon, and Mr. Keller, put forth legislation that we could all be
proud to support. This is just the latest measure in the 110th Congress
that has put forth more help for students to reach the American dream.
  Mr. Chairman, it's time to be straight with American families about
how much a college education is truly going to cost. We have seen the
numbers and met the families who sit at their kitchen table and
struggle to find a way to send their kids to school.
  One thing, though, we don't hear much about, what is just as
devastating to families, is the dramatic fluctuation in tuition from
year to year. College costs have risen 40 percent over the last 5
years, but in several cases around the country a sharp jump in prices
comes between the end of classes and the following fall. How are
families supposed to plan when between finals and the first day of
school tuition goes up more than $6,000?
  Mr. Chairman, this amendment is about planning and predictability.
With this measure, students and families will know how much their
education is going to cost from the start, and that means fewer
surprise tuition hikes and plenty of time to plan financially.
  We not only give parents and students the time that they need, but we
also give colleges and universities options and incentives for helping
kids plan for and to afford college.
  Our amendment gives colleges and universities two options on how to
better inform students and families. Schools can either provide a fee
schedule up front for all 4 years or a single-year fee schedule with
detailed information about future costs, including financial aid.
Through either of these options we can make planning for college a
little easier.
  Mr. Chairman, I don't believe it's too much for families to ask the
university for a best guess as to what their child's education will
cost. After all, families can figure out how much they're going to pay
for a house, how much braces will cost for their kids' teeth, or what
it costs to buy a car or plan for their retirement. They should be able
to plan more appropriately for college.
  I thank my colleague from North Carolina, Congresswoman Myrick, for
standing with me on this amendment and being a leader on college
affordability, and for my colleague from California, Congressman
Cardoza, for his support.
  I'd also like to thank Chairman Miller for his leadership and his
tireless efforts to help families and students realize the American
Dream.
  Mr. Chairman, I urge my colleagues to stand with us to put a stop to
the uncertainty families face and give them this truth in tuition.
  Mr. Chairman, I reserve the balance of my time.
  The Acting CHAIRMAN. Does any Member claim time in opposition?
  Mr. BISHOP of New York. Mr. Chairman, I rise to claim time in
opposition, though I will not express opposition, I will just express a
plea for clarity on this measure as we go to conference.
  My concern is this, and by the way, I would like to applaud my
colleagues for offering this amendment, and I certainly would like to
laud their intent, but my concern is that we will be requiring colleges
to provide information that, by its very nature, is speculative, and we
will then be allowing students to make judgments on that information
when it may not be reliable. And having gone through this for a long,
long time in a previous life, it is not a good idea to give students
misinformation.
  So my plea is that as we go to conference on this, I hope that we can
work with the authors of the amendment to maintain its intent but
clarify the language in such a way that students are not put into the
position where they are put in a position where they make judgments
based on information that, as I say, is speculative and, therefore, not
as reliable as it could be.
  As I say, though, I am not in opposition. I just hope that we can
clarify this in conference.
  Mr. Chairman, I yield back the balance of my time.
  Mr. PATRICK J. MURPHY of Pennsylvania. Mr. Chairman, I yield 2
minutes to my friend and colleague from North Carolina (Mrs. Myrick).
  Mrs. MYRICK. I thank my friend for yielding.
  Every time a constituent of mine talks about college there is mention
about how much it costs, and they tell me about their struggles and the
choices they have to make in order to put their kids through college.

                              {time}  1645

  Millions of families sit at the kitchen table and try and figure this
out every year, how are they going to make ends meet and pay for it.
And there have been a lot of high and unpredictable costs over the
years, and it's really tough for them, especially if it's tough

[[Page H777]]

economic times. It's tough for them to figure it out because they don't
know if it will be 3 percent, 30 percent, what it might end up being.
So I feel, and my colleague agrees, that parents need to have some
certainty and know the cost of the degree.
  And when colleges can set multi-year contracts for their vendors and
for their basketball coach and even their presidents and other people,
it seems like they can at least give some idea of what the education is
going to cost for the parents.
  The Truth in Tuition amendment helps the families plan by making sure
that the schools give every student a clear picture of what their
degrees will cost. It's a reasonable amendment, and it gives schools
great flexibility. There aren't any price caps, and it doesn't freeze
the price of tuition. They can set their tuition rates however they see
fit. But it shows the students and their families what the charges are
going to be over the course of their studies.
  It's not binding on the schools. It provides the students, though, as
I say, with an idea. And there is a provision in there that if the
school has some kind of an economic hardship, they can get a waiver
from the Secretary of Education. This could include a cut in Federal or
State funding, or any number of other economic issues that might
disrupt the school's budget.
  All the public universities in Illinois, central Michigan, the
University of Minnesota, George Washington University, and many more
have already implemented this policy.
  And so I thank my colleague from Pennsylvania (Mr. Murphy) for all
his hard work on this bill. I thank both Chairman Miller and Ranking
Member McKeon and their staff for all the hard work they put into the
underlying bill.
  I just urge my colleagues to vote for this amendment because it will
help students and families who need relief from the uncertainties of
college tuition.
  The Acting CHAIRMAN. The question is on the amendment offered by the
gentleman from Pennsylvania (Mr. Patrick J. Murphy).
  The amendment was agreed to.


                 Amendment No. 27 offered by Mr. Shuler

  The Acting CHAIRMAN. It is now in order to consider amendment No. 27
printed in House Report 110-523.
  Mr. SHULER. Mr. Chairman, I offer an amendment.
  The Acting CHAIRMAN. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Amendment No. 27 offered by Mr. Shuler:
       After section 111 of the bill, insert the following new
     section (and redesignate the succeeding sections
     accordingly):

     SEC. 112. STATE HIGHER EDUCATION INFORMATION SYSTEM PILOT
                   PROGRAM.

       Part C of title I (20 U.S.C. 1015) is further amended by
     adding after section 135 (as added by section 111 of this
     Act) the following new section:

     ``SEC. 136. STATE HIGHER EDUCATION INFORMATION SYSTEM PILOT
                   PROGRAM.

       ``(a) Purpose.--It is the purpose of this section to carry
     out a pilot program to assist not more than 5 States to
     develop State-level postsecondary student data systems to--
       ``(1) improve the capacity of States and institutions of
     higher education to generate more comprehensive and
     comparable data, in order to develop better-informed
     educational policy at the State level and to evaluate the
     effectiveness of institutional performance while protecting
     the confidentiality of students' personally identifiable
     information; and
       ``(2) identify how to best minimize the data-reporting
     burden placed on institutions of higher education,
     particularly smaller institutions, and to maximize and
     improve the information institutions receive from the data
     systems, in order to assist institutions in improving
     educational practice and postsecondary outcomes.
       ``(b) Definition of Eligible Entity.--In this section, the
     term `eligible entity' means--
       ``(1) a State higher education system; or
       ``(2) a consortium of State higher education systems, or a
     consortium of individual institutions of higher education,
     that is broadly representative of institutions in different
     sectors and geographic locations.
       ``(c) Competitive Grants.--
       ``(1) Grants authorized.--The Secretary shall award grants,
     on a competitive basis, to not more than 5 eligible entities
     to enable the eligible entities to--
       ``(A) design, test, and implement postsecondary student
     data systems that provide the maximum benefits to States,
     institutions of higher education, and State policymakers; and
       ``(B) examine the costs and burdens involved in
     implementing a State-level postsecondary student data system.
       ``(2) Duration.--A grant awarded under this section shall
     be for a period of not more than 3 years.
       ``(d) Application Requirements.--An eligible entity
     desiring 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 determines
     is necessary, including a description of--
       ``(1) how the eligible entity will ensure that student
     privacy is protected and that individually identifiable
     information about students, the students' achievements, and
     the students' families remains confidential in accordance
     with the Family Educational Rights and Privacy Act of 1974
     (20 U.S.C. 1232g); and
       ``(2) how the activities funded by the grant will be
     supported after the 3-year grant period.
       ``(e) Use of Funds.--A grant awarded under this section
     shall be used to--
       ``(1) design, develop, and implement the components of a
     comprehensive postsecondary student data system with the
     capacity to transmit student information within States;
       ``(2) improve the capacity of institutions of higher
     education to analyze and use student data;
       ``(3) select and define common data elements, data quality,
     and other elements that will enable the data system to--
       ``(A) serve the needs of institutions of higher education
     for institutional research and improvement;
       ``(B) provide students and the students' families with
     useful information for decision-making about postsecondary
     education;
       ``(C) provide State policymakers with improved information
     to monitor and guide efforts to improve student outcomes and
     success in higher education;
       ``(4) estimate costs and burdens at the institutional level
     for reporting to the postsecondary student data system; and
       ``(5) test the feasibility of protocols and standards for
     maintaining data privacy and data access.
       ``(f) Evaluation; Reports.--Not later than 6 months after
     the end of the projects funded by grants awarded under this
     section, the Secretary shall--
       ``(1) conduct a comprehensive evaluation of the pilot
     program authorized by this section; and
       ``(2) report the Secretary's findings, as well as
     recommendations regarding the implementation of State-level
     postsecondary student data systems to the authorizing
     committees.
       ``(g) Authorization of Appropriations.--There are
     authorized to be appropriated to carry out this section such
     sums as may be necessary for fiscal year 2009 and each of the
     4 succeeding fiscal years.''.

  The Acting CHAIRMAN. Pursuant to House Resolution 956, the gentleman
from North Carolina (Mr. Shuler) and a Member opposed each will control
5 minutes.
  The Chair recognizes the gentleman from North Carolina.
  Mr. SHULER. Mr. Chairman, I yield myself such time as I may consume.
  Mr. Chairman, we often study how students progress from the beginning
of the school year to the end, but what happens after that? How well
are high school students prepared for college? How well are college
students prepared for the workforce? How long are graduates staying in
high-needs fields like nursing? My amendment will help provide long-
term data for our State systems' need to answer these questions.
  The Shuler amendment will create a grant program to help universities
develop studies to measure students' achievement from preschool to
college and beyond. This data will also allow State lawmakers to direct
resources to programs that are producing top-quality graduates in
critical areas. Participation is completely voluntary and complies with
all aspects of the Family Educational Rights and Privacy Act.
  My amendment has also been supported by the American Association of
State Colleges and Universities, the Alliance for Quality Teaching, the
National Association of Secondary School Principals, and 10 other major
organizations.
  I thank Chairman Miller and Ranking Member McKeon for their time and
their dedication, and I urge my colleagues to support this amendment.
  Mr. GEORGE MILLER of California. Will the gentleman yield?
  Mr. SHULER. I will yield.
  Mr. GEORGE MILLER of California. I want to thank the gentleman from
North Carolina for offering this amendment.
  This information would be helpful to us. It would also give us the
ability to determine whether we're putting our resources and our time
and our talents in the right place with respect to properly preparing
people for the workforce.

[[Page H778]]

  I would urge my colleagues to support the amendment.
  The Acting CHAIRMAN. The gentleman from North Carolina is recognized.
There are approximately 3 minutes remaining on his time.
  Mr. McKEON. Will the gentleman yield?
  Mr. SHULER. I will yield.
  Mr. McKEON. The thing that I like most about this amendment is it is
done at the State level. There are some people that would like to have
this done at the Federal level. I think the State level is the
appropriate place.
  And I also like the fact that it's a pilot. It's limited. It gives us
a chance to see how it works before making it a national program.
  So I commend the gentleman for his amendment and urge support of the
amendment.
  Mr. SHULER. I thank Ranking Member McKeon for his dedication and hard
work as well.
  I urge my colleagues to support this amendment.
  Mr. Chairman, I yield back the balance of my time.
  The Acting CHAIRMAN. The question is on the amendment offered by the
gentleman from North Carolina (Mr. Shuler).
  The amendment was agreed to.


                  Announcement by the Acting Chairman

  The Acting CHAIRMAN. Pursuant to clause 6 of rule XVIII, proceedings
will now resume on those amendments printed in House Report 110-523 on
which further proceedings were postponed, in the following order:
  Amendment No. 4 by Mr. Petri of Wisconsin.
  Amendment No. 5 by Mr. Petri of Wisconsin.
  Amendment No. 7 by Mr. Davis of Illinois.
  The first electronic vote will be conducted as a 15-minute vote.
Remaining electronic votes will be conducted as 2-minute votes.


                  Amendment No. 4 offered by Mr. Petri

  The Acting CHAIRMAN. The unfinished business is the demand for a
recorded vote on the amendment offered by the gentleman from Wisconsin
(Mr. Petri) on which further proceedings were postponed and on which
the ayes prevailed by voice vote.
  The Clerk will redesignate the amendment.
  The Clerk redesignated the amendment.


                             Recorded Vote

  The Acting CHAIRMAN. A recorded vote has been demanded.
  A recorded vote was ordered.
  The vote was taken by electronic device, and there were--ayes 260,
noes 153, not voting 21, as follows:

                             [Roll No. 36]

                               AYES--260

     Abercrombie
     Ackerman
     Allen
     Andrews
     Arcuri
     Baca
     Baird
     Baldwin
     Barrow
     Bartlett (MD)
     Bean
     Becerra
     Berkley
     Berman
     Biggert
     Bishop (GA)
     Bishop (NY)
     Blumenauer
     Bordallo
     Boren
     Boswell
     Boyd (FL)
     Brady (PA)
     Braley (IA)
     Brown, Corrine
     Butterfield
     Cannon
     Capito
     Capps
     Capuano
     Cardoza
     Carnahan
     Carney
     Castle
     Castor
     Chandler
     Christensen
     Clarke
     Clay
     Cleaver
     Clyburn
     Cohen
     Conyers
     Cooper
     Costa
     Costello
     Courtney
     Crowley
     Cuellar
     Cummings
     Davis (AL)
     Davis (CA)
     Davis (IL)
     Davis, Lincoln
     DeFazio
     DeGette
     Delahunt
     DeLauro
     Dent
     Diaz-Balart, L.
     Diaz-Balart, M.
     Dicks
     Dingell
     Doggett
     Donnelly
     Doyle
     Duncan
     Edwards
     Ellison
     Ellsworth
     Emanuel
     Emerson
     Engel
     English (PA)
     Eshoo
     Etheridge
     Faleomavaega
     Fattah
     Ferguson
     Filner
     Fossella
     Frank (MA)
     Frelinghuysen
     Giffords
     Gilchrest
     Gillibrand
     Gonzalez
     Gordon
     Graves
     Green, Al
     Green, Gene
     Grijalva
     Gutierrez
     Hall (NY)
     Hare
     Harman
     Hastings (FL)
     Higgins
     Hill
     Hinchey
     Hinojosa
     Hirono
     Hodes
     Holden
     Holt
     Honda
     Hooley
     Hoyer
     Hulshof
     Hunter
     Israel
     Jackson (IL)
     Jackson-Lee (TX)
     Jefferson
     Johnson (GA)
     Johnson (IL)
     Johnson, E. B.
     Jones (NC)
     Jones (OH)
     Kagen
     Kanjorski
     Kaptur
     Kennedy
     Kildee
     Kilpatrick
     Kind
     King (NY)
     Kingston
     Kirk
     Klein (FL)
     Kuhl (NY)
     LaHood
     Lampson
     Langevin
     Larsen (WA)
     Larson (CT)
     Lee
     Levin
     Lewis (CA)
     Lewis (GA)
     Lewis (KY)
     Linder
     Lipinski
     LoBiondo
     Loebsack
     Lofgren, Zoe
     Lucas
     Lynch
     Maloney (NY)
     Markey
     Marshall
     Matheson
     Matsui
     McCarthy (NY)
     McCollum (MN)
     McDermott
     McGovern
     McHugh
     McIntyre
     McNerney
     McNulty
     Meek (FL)
     Meeks (NY)
     Mica
     Michaud
     Miller (NC)
     Miller, George
     Mitchell
     Mollohan
     Moore (KS)
     Moore (WI)
     Moran (VA)
     Murphy (CT)
     Murphy, Patrick
     Murphy, Tim
     Murtha
     Nadler
     Napolitano
     Neal (MA)
     Norton
     Oberstar
     Obey
     Olver
     Ortiz
     Pallone
     Pascrell
     Pastor
     Payne
     Perlmutter
     Peterson (MN)
     Peterson (PA)
     Petri
     Pickering
     Platts
     Pomeroy
     Price (NC)
     Rahall
     Ramstad
     Rangel
     Renzi
     Reyes
     Richardson
     Rodriguez
     Rogers (KY)
     Rogers (MI)
     Rohrabacher
     Ros-Lehtinen
     Rothman
     Roybal-Allard
     Rush
     Ryan (OH)
     Salazar
     Sanchez, Linda T.
     Sarbanes
     Saxton
     Schakowsky
     Schiff
     Schwartz
     Scott (GA)
     Scott (VA)
     Serrano
     Sestak
     Shays
     Shea-Porter
     Sherman
     Sires
     Skelton
     Slaughter
     Smith (NJ)
     Snyder
     Solis
     Space
     Spratt
     Stark
     Stupak
     Sutton
     Tauscher
     Taylor
     Thompson (CA)
     Thompson (MS)
     Tierney
     Tsongas
     Udall (CO)
     Udall (NM)
     Van Hollen
     Velazquez
     Visclosky
     Walsh (NY)
     Walz (MN)
     Wasserman Schultz
     Waters
     Watson
     Watt
     Waxman
     Welch (VT)
     Wexler
     Wilson (OH)
     Wolf
     Wu
     Young (AK)

                               NOES--153

     Aderholt
     Akin
     Alexander
     Altmire
     Bachmann
     Bachus
     Barrett (SC)
     Barton (TX)
     Berry
     Bilbray
     Bilirakis
     Bishop (UT)
     Blackburn
     Blunt
     Bonner
     Bono Mack
     Boozman
     Boustany
     Boyda (KS)
     Brady (TX)
     Broun (GA)
     Brown (SC)
     Brown-Waite, Ginny
     Buchanan
     Burgess
     Burton (IN)
     Buyer
     Calvert
     Camp (MI)
     Campbell (CA)
     Cantor
     Carter
     Chabot
     Coble
     Cole (OK)
     Conaway
     Crenshaw
     Cubin
     Culberson
     Davis (KY)
     Davis, David
     Deal (GA)
     Doolittle
     Drake
     Dreier
     Ehlers
     Fallin
     Feeney
     Flake
     Forbes
     Fortuno
     Foxx
     Franks (AZ)
     Gallegly
     Garrett (NJ)
     Gerlach
     Gingrey
     Gohmert
     Goode
     Goodlatte
     Granger
     Hall (TX)
     Hastings (WA)
     Hayes
     Heller
     Hensarling
     Herger
     Herseth Sandlin
     Hobson
     Hoekstra
     Inglis (SC)
     Issa
     Johnson, Sam
     Jordan
     Keller
     King (IA)
     Kline (MN)
     Knollenberg
     Kucinich
     Lamborn
     Latham
     LaTourette
     Latta
     Lungren, Daniel E.
     Mack
     Mahoney (FL)
     Manzullo
     Marchant
     McCarthy (CA)
     McCaul (TX)
     McCotter
     McCrery
     McHenry
     McKeon
     McMorris Rodgers
     Melancon
     Miller (FL)
     Miller (MI)
     Miller, Gary
     Moran (KS)
     Musgrave
     Myrick
     Neugebauer
     Nunes
     Pearce
     Pence
     Poe
     Price (GA)
     Pryce (OH)
     Putnam
     Radanovich
     Regula
     Rehberg
     Reichert
     Reynolds
     Rogers (AL)
     Roskam
     Ross
     Royce
     Ryan (WI)
     Sali
     Schmidt
     Sensenbrenner
     Sessions
     Shadegg
     Shimkus
     Shuler
     Shuster
     Simpson
     Smith (NE)
     Smith (TX)
     Souder
     Stearns
     Sullivan
     Tancredo
     Terry
     Thornberry
     Tiahrt
     Tiberi
     Turner
     Upton
     Walberg
     Walden (OR)
     Wamp
     Weldon (FL)
     Weller
     Westmoreland
     Whitfield (KY)
     Wilson (NM)
     Wilson (SC)
     Wittman (VA)
     Yarmuth
     Young (FL)

                             NOT VOTING--21

     Boehner
     Boucher
     Cramer
     Davis, Tom
     Everett
     Farr
     Fortenberry
     Inslee
     Lantos
     Lowey
     Paul
     Pitts
     Porter
     Ruppersberger
     Sanchez, Loretta
     Smith (WA)
     Tanner
     Towns
     Weiner
     Woolsey
     Wynn

                              {time}  1718

  Messrs. LaTOURETTE, CAMP of Michigan, McCRERY, ALTMIRE, KUCINICH and
ADERHOLT changed their vote from ``aye'' to ``no.''
  Messrs. SHAYS, CARDOZA, ROHRABACHER, CARNEY, SKELTON, BUTTERFIELD,
COHEN, Ms. WASSERMAN SCHULTZ and Messrs. WATT and FRELINGHUYSEN changed
their vote from ``no'' to ``aye.''
  So the amendment was agreed to.
  The result of the vote was announced as above recorded.


                  Amendment No. 5 Offered by Mr. Petri

  The Acting CHAIRMAN. The unfinished business is the demand for a
recorded vote on the amendment offered by the gentleman from Wisconsin
(Mr. Petri) on which further proceedings were postponed and on which
the ayes prevailed by voice vote.
  The Clerk will redesignate the amendment.
  The Clerk redesignated the amendment.


                             Recorded Vote

  The Acting CHAIRMAN. A recorded vote has been demanded.
  A recorded vote was ordered.
  The Acting CHAIRMAN. This will be a 2-minute vote.
  The vote was taken by electronic device, and there were--ayes 222,
noes 191, not voting 21, as follows:

                             [Roll No. 37]

                               AYES--222

     Abercrombie
     Ackerman
     Allen
     Andrews
     Baca
     Baird

[[Page H779]]


     Baldwin
     Barrow
     Becerra
     Berkley
     Berman
     Bishop (GA)
     Bishop (NY)
     Blumenauer
     Bordallo
     Boren
     Brady (PA)
     Brown, Corrine
     Capito
     Capps
     Capuano
     Cardoza
     Carnahan
     Carney
     Castor
     Chandler
     Christensen
     Clarke
     Clay
     Cleaver
     Clyburn
     Conyers
     Cooper
     Costa
     Costello
     Courtney
     Crowley
     Cuellar
     Cummings
     Davis (AL)
     Davis (CA)
     Davis (IL)
     Davis, Lincoln
     DeFazio
     DeGette
     Delahunt
     DeLauro
     Diaz-Balart, L.
     Diaz-Balart, M.
     Dicks
     Dingell
     Doggett
     Donnelly
     Doyle
     Edwards
     Ellison
     Ellsworth
     Emanuel
     Engel
     Eshoo
     Faleomavaega
     Fattah
     Filner
     Frank (MA)
     Frelinghuysen
     Gillibrand
     Gonzalez
     Graves
     Green, Al
     Green, Gene
     Grijalva
     Gutierrez
     Hall (NY)
     Hare
     Harman
     Hastings (FL)
     Higgins
     Hill
     Hinchey
     Hinojosa
     Hirono
     Hodes
     Holden
     Holt
     Honda
     Hooley
     Hoyer
     Inglis (SC)
     Israel
     Jackson (IL)
     Jackson-Lee (TX)
     Jefferson
     Johnson (GA)
     Johnson (IL)
     Johnson, E. B.
     Jones (OH)
     Kagen
     Kaptur
     Kennedy
     Kildee
     Kilpatrick
     Kind
     Kirk
     Klein (FL)
     Kuhl (NY)
     LaHood
     Langevin
     Larsen (WA)
     Larson (CT)
     Lee
     Levin
     Lewis (GA)
     Linder
     Lipinski
     LoBiondo
     Lofgren, Zoe
     Lynch
     Maloney (NY)
     Markey
     Marshall
     Matheson
     Matsui
     McCarthy (NY)
     McCollum (MN)
     McDermott
     McGovern
     McHugh
     McIntyre
     McNerney
     McNulty
     Meek (FL)
     Meeks (NY)
     Melancon
     Michaud
     Miller (NC)
     Miller, George
     Mitchell
     Mollohan
     Moore (KS)
     Moore (WI)
     Moran (VA)
     Murphy (CT)
     Murphy, Patrick
     Murphy, Tim
     Murtha
     Nadler
     Napolitano
     Neal (MA)
     Norton
     Oberstar
     Obey
     Olver
     Ortiz
     Pallone
     Pascrell
     Pastor
     Payne
     Perlmutter
     Peterson (MN)
     Petri
     Pickering
     Pomeroy
     Rahall
     Ramstad
     Rangel
     Reichert
     Reyes
     Richardson
     Rodriguez
     Ros-Lehtinen
     Rothman
     Roybal-Allard
     Rush
     Ryan (OH)
     Salazar
     Sanchez, Linda T.
     Sarbanes
     Saxton
     Schakowsky
     Schiff
     Schwartz
     Scott (GA)
     Scott (VA)
     Serrano
     Sestak
     Shays
     Shea-Porter
     Sherman
     Sires
     Skelton
     Slaughter
     Smith (NJ)
     Snyder
     Solis
     Space
     Spratt
     Stark
     Stupak
     Sutton
     Tauscher
     Taylor
     Thompson (CA)
     Thompson (MS)
     Tierney
     Tsongas
     Udall (CO)
     Udall (NM)
     Van Hollen
     Velazquez
     Visclosky
     Walsh (NY)
     Walz (MN)
     Wasserman Schultz
     Waters
     Watson
     Waxman
     Welch (VT)
     Wexler
     Wilson (OH)
     Wolf
     Wu
     Young (AK)

                               NOES--191

     Aderholt
     Akin
     Alexander
     Altmire
     Arcuri
     Bachmann
     Bachus
     Barrett (SC)
     Bartlett (MD)
     Barton (TX)
     Bean
     Berry
     Biggert
     Bilbray
     Bilirakis
     Bishop (UT)
     Blackburn
     Blunt
     Boehner
     Bonner
     Bono Mack
     Boozman
     Boswell
     Boustany
     Boyd (FL)
     Boyda (KS)
     Brady (TX)
     Braley (IA)
     Broun (GA)
     Brown (SC)
     Brown-Waite, Ginny
     Buchanan
     Burgess
     Burton (IN)
     Butterfield
     Buyer
     Calvert
     Camp (MI)
     Campbell (CA)
     Cannon
     Cantor
     Carter
     Castle
     Chabot
     Coble
     Cohen
     Cole (OK)
     Conaway
     Crenshaw
     Cubin
     Culberson
     Davis (KY)
     Davis, David
     Deal (GA)
     Dent
     Doolittle
     Drake
     Dreier
     Duncan
     Ehlers
     Emerson
     English (PA)
     Etheridge
     Fallin
     Feeney
     Ferguson
     Flake
     Forbes
     Fortuno
     Fossella
     Foxx
     Franks (AZ)
     Gallegly
     Garrett (NJ)
     Gerlach
     Giffords
     Gilchrest
     Gingrey
     Gohmert
     Goode
     Goodlatte
     Gordon
     Granger
     Hall (TX)
     Hastings (WA)
     Hayes
     Heller
     Hensarling
     Herger
     Herseth Sandlin
     Hobson
     Hoekstra
     Hulshof
     Hunter
     Issa
     Johnson, Sam
     Jones (NC)
     Jordan
     Kanjorski
     Keller
     King (IA)
     King (NY)
     Kingston
     Kline (MN)
     Knollenberg
     Kucinich
     Lamborn
     Lampson
     Latham
     LaTourette
     Latta
     Lewis (CA)
     Lewis (KY)
     Loebsack
     Lucas
     Lungren, Daniel E.
     Mack
     Mahoney (FL)
     Marchant
     McCarthy (CA)
     McCaul (TX)
     McCotter
     McCrery
     McHenry
     McKeon
     McMorris Rodgers
     Mica
     Miller (FL)
     Miller (MI)
     Miller, Gary
     Moran (KS)
     Musgrave
     Myrick
     Neugebauer
     Nunes
     Pearce
     Pence
     Peterson (PA)
     Platts
     Poe
     Price (GA)
     Price (NC)
     Pryce (OH)
     Putnam
     Radanovich
     Regula
     Rehberg
     Renzi
     Reynolds
     Rogers (AL)
     Rogers (KY)
     Rogers (MI)
     Rohrabacher
     Roskam
     Ross
     Royce
     Ryan (WI)
     Sali
     Schmidt
     Sensenbrenner
     Sessions
     Shadegg
     Shimkus
     Shuler
     Shuster
     Simpson
     Smith (NE)
     Smith (TX)
     Souder
     Stearns
     Sullivan
     Tancredo
     Terry
     Thornberry
     Tiahrt
     Tiberi
     Turner
     Upton
     Walberg
     Walden (OR)
     Wamp
     Watt
     Weldon (FL)
     Weller
     Westmoreland
     Whitfield (KY)
     Wilson (NM)
     Wilson (SC)
     Wittman (VA)
     Yarmuth
     Young (FL)

                             NOT VOTING--21

     Boucher
     Cramer
     Davis, Tom
     Everett
     Farr
     Fortenberry
     Inslee
     Lantos
     Lowey
     Manzullo
     Paul
     Pitts
     Porter
     Ruppersberger
     Sanchez, Loretta
     Smith (WA)
     Tanner
     Towns
     Weiner
     Woolsey
     Wynn


                  Announcement By the Acting Chairman

  The Acting CHAIRMAN. Members are advised there is 1 minute remaining
in this vote.

                              {time}  1726

  Messrs. ALTMIRE, BILIRAKIS, ARCURI, BOSWELL and LOEBSACK changed
their vote from ``aye'' to ``no.''
  Mr. MURPHY of Connecticut changed his vote from ``no'' to ``aye.''
  So the amendment was agreed to.
  The result of the vote was announced as above recorded.


            Amendment No. 7 Offered by Mr. Davis of Illinois

  The Acting CHAIRMAN. The unfinished business is the demand for a
recorded vote on the amendment offered by the gentleman from Illinois
(Mr. Davis) on which further proceedings were postponed and on which
the ayes prevailed by voice vote.
  The Clerk will redesignate the amendment.
  The Clerk redesignated the amendment.


                             Recorded Vote

  The Acting CHAIRMAN. A recorded vote has been demanded.
  A recorded vote was ordered.
  The Acting CHAIRMAN. This will be a 2-minute vote.
  The vote was taken by electronic device, and there were--ayes 179,
noes 236, not voting 19, as follows:

                             [Roll No. 38]

                               AYES--179

     Abercrombie
     Ackerman
     Allen
     Andrews
     Baldwin
     Barrow
     Becerra
     Berman
     Bishop (GA)
     Bishop (NY)
     Blumenauer
     Bordallo
     Boswell
     Brady (PA)
     Braley (IA)
     Brown, Corrine
     Butterfield
     Capps
     Capuano
     Carnahan
     Castor
     Christensen
     Clarke
     Clay
     Cleaver
     Clyburn
     Cohen
     Conyers
     Cooper
     Costello
     Courtney
     Cummings
     Davis (AL)
     Davis (CA)
     Davis (IL)
     DeFazio
     DeGette
     Delahunt
     DeLauro
     Diaz-Balart, L.
     Diaz-Balart, M.
     Dicks
     Dingell
     Doggett
     Doyle
     Ellison
     Emanuel
     Engel
     Eshoo
     Etheridge
     Faleomavaega
     Fattah
     Filner
     Frank (MA)
     Gillibrand
     Gonzalez
     Gordon
     Green, Al
     Green, Gene
     Grijalva
     Gutierrez
     Hall (NY)
     Hare
     Harman
     Hastings (FL)
     Higgins
     Hinchey
     Hinojosa
     Hirono
     Holt
     Honda
     Hooley
     Hoyer
     Hulshof
     Israel
     Jackson (IL)
     Jackson-Lee (TX)
     Jefferson
     Johnson (GA)
     Johnson (IL)
     Johnson, E. B.
     Jones (OH)
     Kagen
     Kaptur
     Kennedy
     Kildee
     Kilpatrick
     Kucinich
     LaHood
     Langevin
     Larson (CT)
     Lee
     Levin
     Lewis (GA)
     Lipinski
     Loebsack
     Lofgren, Zoe
     Markey
     Matsui
     McCollum (MN)
     McDermott
     McGovern
     McIntyre
     McNerney
     McNulty
     Meek (FL)
     Meeks (NY)
     Michaud
     Miller (NC)
     Miller, George
     Mollohan
     Moore (WI)
     Moran (VA)
     Murphy, Patrick
     Murphy, Tim
     Nadler
     Napolitano
     Neal (MA)
     Norton
     Oberstar
     Obey
     Olver
     Ortiz
     Pallone
     Pascrell
     Pastor
     Payne
     Petri
     Price (NC)
     Rahall
     Rangel
     Reyes
     Rodriguez
     Ros-Lehtinen
     Rothman
     Roybal-Allard
     Rush
     Ryan (OH)
     Salazar
     Sanchez, Linda T.
     Sarbanes
     Schakowsky
     Schiff
     Schwartz
     Scott (GA)
     Scott (VA)
     Serrano
     Sestak
     Shea-Porter
     Sherman
     Sires
     Slaughter
     Snyder
     Solis
     Spratt
     Stark
     Stupak
     Sutton
     Thompson (CA)
     Thompson (MS)
     Tierney
     Towns
     Tsongas
     Udall (CO)
     Udall (NM)
     Van Hollen
     Velazquez
     Visclosky
     Walz (MN)
     Wasserman Schultz
     Waters
     Watson
     Watt
     Waxman
     Welch (VT)
     Wexler
     Wu
     Yarmuth
     Young (AK)

                               NOES--236

     Aderholt
     Akin
     Alexander
     Altmire
     Arcuri
     Baca
     Bachmann
     Bachus
     Baird
     Barrett (SC)
     Bartlett (MD)
     Barton (TX)
     Bean
     Berkley
     Berry
     Biggert
     Bilbray
     Bilirakis
     Bishop (UT)
     Blackburn
     Blunt
     Boehner
     Bonner
     Bono Mack
     Boozman
     Boren
     Boustany
     Boyd (FL)
     Boyda (KS)
     Brady (TX)
     Broun (GA)
     Brown (SC)
     Brown-Waite, Ginny
     Buchanan
     Burgess
     Burton (IN)
     Buyer
     Calvert
     Camp (MI)
     Campbell (CA)
     Cannon
     Cantor
     Capito
     Cardoza
     Carney
     Carter
     Castle
     Chabot
     Chandler
     Coble
     Cole (OK)
     Conaway
     Costa
     Crenshaw
     Crowley
     Cubin
     Cuellar
     Culberson
     Davis (KY)
     Davis, David
     Davis, Lincoln
     Deal (GA)
     Dent
     Donnelly
     Doolittle
     Drake
     Dreier
     Duncan
     Edwards
     Ehlers
     Ellsworth
     Emerson
     English (PA)
     Fallin
     Feeney
     Ferguson
     Flake
     Forbes
     Fortuno
     Fossella
     Foxx
     Franks (AZ)
     Frelinghuysen
     Gallegly
     Garrett (NJ)
     Gerlach
     Giffords
     Gilchrest
     Gingrey
     Gohmert
     Goode
     Goodlatte
     Granger
     Graves
     Hall (TX)
     Hastings (WA)
     Hayes

[[Page H780]]


     Heller
     Hensarling
     Herger
     Herseth Sandlin
     Hill
     Hobson
     Hodes
     Hoekstra
     Holden
     Hunter
     Inglis (SC)
     Issa
     Johnson, Sam
     Jones (NC)
     Jordan
     Kanjorski
     Keller
     Kind
     King (IA)
     King (NY)
     Kingston
     Kirk
     Klein (FL)
     Kline (MN)
     Knollenberg
     Kuhl (NY)
     Lamborn
     Lampson
     Larsen (WA)
     Latham
     LaTourette
     Latta
     Lewis (CA)
     Lewis (KY)
     Linder
     LoBiondo
     Lucas
     Lungren, Daniel E.
     Lynch
     Mack
     Mahoney (FL)
     Maloney (NY)
     Manzullo
     Marchant
     Marshall
     Matheson
     McCarthy (CA)
     McCarthy (NY)
     McCaul (TX)
     McCotter
     McCrery
     McHenry
     McHugh
     McKeon
     McMorris Rodgers
     Melancon
     Mica
     Miller (FL)
     Miller (MI)
     Miller, Gary
     Mitchell
     Moore (KS)
     Moran (KS)
     Murphy (CT)
     Murtha
     Musgrave
     Myrick
     Neugebauer
     Nunes
     Pearce
     Pence
     Perlmutter
     Peterson (MN)
     Peterson (PA)
     Pickering
     Platts
     Poe
     Pomeroy
     Price (GA)
     Pryce (OH)
     Putnam
     Radanovich
     Ramstad
     Regula
     Rehberg
     Reichert
     Renzi
     Reynolds
     Richardson
     Rogers (AL)
     Rogers (KY)
     Rogers (MI)
     Rohrabacher
     Roskam
     Ross
     Royce
     Ryan (WI)
     Sali
     Saxton
     Schmidt
     Sensenbrenner
     Sessions
     Shadegg
     Shays
     Shimkus
     Shuler
     Shuster
     Simpson
     Skelton
     Smith (NE)
     Smith (NJ)
     Smith (TX)
     Souder
     Space
     Stearns
     Sullivan
     Tancredo
     Tauscher
     Taylor
     Terry
     Thornberry
     Tiahrt
     Tiberi
     Turner
     Upton
     Walberg
     Walden (OR)
     Walsh (NY)
     Wamp
     Weldon (FL)
     Weller
     Westmoreland
     Whitfield (KY)
     Wilson (NM)
     Wilson (OH)
     Wilson (SC)
     Wittman (VA)
     Wolf
     Young (FL)

                             NOT VOTING--19

     Boucher
     Cramer
     Davis, Tom
     Everett
     Farr
     Fortenberry
     Inslee
     Lantos
     Lowey
     Paul
     Pitts
     Porter
     Ruppersberger
     Sanchez, Loretta
     Smith (WA)
     Tanner
     Weiner
     Woolsey
     Wynn

                              {time}  1734

  Messrs. SKELTON and SHUSTER changed their vote from ``aye'' to
``no.''
  Messrs. MOLLOHAN, BRADY of Pennsylvania, and FATTAH changed their
vote from ``no'' to ``aye.''
  So the amendment was rejected.
  The result of the vote was announced as above recorded.
  The Acting CHAIRMAN. The question is on the committee amendment in
the nature of a substitute, as amended.
  The committee amendment in the nature of a substitute, as amended,
was agreed to.
  The Acting CHAIRMAN. Under the rule, the Committee rises.
  Accordingly, the Committee rose; and the Speaker pro tempore (Mrs.
Tauscher) having assumed the chair, Mr. Pomeroy, Acting Chairman of the
Committee of the Whole House on the state of the Union, reported that
that Committee, having had under consideration the bill (H.R. 4137) to
amend and extend the Higher Education Act of 1965, and for other
purposes, pursuant to House Resolution 956, he reported the bill back
to the House with an amendment adopted by the Committee of the Whole.
  The SPEAKER pro tempore. Under the rule, the previous question is
ordered.
  Is a separate vote demanded on any amendment to the amendment
reported from the Committee of the Whole? If not, the question is on
the amendment.
  The amendment was agreed to.
  The SPEAKER pro tempore. The question is on the engrossment and third
reading of the bill.
  The bill was ordered to be engrossed and read a third time, and was
read the third time.
  (By unanimous consent, Mr. Hoyer was allowed to speak out of order.)


                          Legislative Program

  Mr. HOYER. Madam Speaker, I know Members have probably gotten it on
their BlackBerries, but I wanted to confirm that the stimulus package
is going to be passed in the Senate and will be coming back to us. Mr.
Boehner and I and the whip and the leadership have agreed that we will
take up the stimulus tonight. We will take it up by unanimous consent.
There will be 20 minutes of debate on each side.
  We will conclude the stimulus package, send it to the President, and
we will not be meeting tomorrow.


               Motion to Recommit Offered by Mr. Ferguson

  Mr. FERGUSON. Madam Speaker, I offer a motion to recommit.
  The SPEAKER pro tempore. Is the gentleman opposed to the bill?
  Mr. FERGUSON. I am in its current form.
  The SPEAKER pro tempore. The Clerk will report the motion to
recommit.
  The Clerk read as follows:

       Mr. Ferguson moves to recommit the bill H.R. 4137 to the
     Committee on Education and Labor with instructions to report
     the same back to the House forthwith with the following
     amendment:
       At the end of the bill, add the following new title:

                 TITLE XII--LIMITATIONS ON EXPENDITURES

     SEC. 1201. FUNDING PRIORITIES.

       (a) Pell and IDEA First.--None of the funds appropriated or
     otherwise made available pursuant to an authorization of
     appropriations or other provision of this Act (including an
     amendment made by this Act) shall be expended to carry out
     any new program under this Act for any fiscal year, or any
     FIPSE program for that fiscal year, unless--
       (1) the Federal Pell Grant program is fully funded for that
     fiscal year; and
       (2) the Individuals with Disabilities Education Act is
     fully funded for that fiscal year.
       (b) Definitions.--For purposes of this section:
       (1) New program.--The term ``new program under this Act''
     means a title, part, subpart, section, or other provision of
     the Higher Education Act of 1965--
       (A) for which funds are authorized to be appropriated or
     otherwise made available by an amendment made by this Act to
     the Higher Education Act of 1965; and
       (B) for which funds were not authorized to be appropriated
     or otherwise made available prior to the date of enactment of
     this Act .
       (2) FIPSE program.--The term ``FIPSE program'' means any
     program authorized by section 741 of the Higher Education Act
     of 1965, as amended by title VII of this Act.
       (3) Pell grant full funding.--The Federal Pell Grant
     program shall be considered to be fully funded for a fiscal
     year only if the total amount appropriated or otherwise made
     available for such fiscal year is sufficient to provide a
     maximum Federal Pell Grant that equals or exceeds $9,000.
       (4) IDEA full funding.--The Individuals with Disabilities
     Education Act shall be considered to be fully funded for a
     fiscal year only if, with respect to such fiscal year, the
     total amount appropriated pursuant to the authorization of
     appropriations under section 611(i) of such Act (20 U.S.C.
     1411(i)) or otherwise made available is sufficient to provide
     the maximum grant to each State as determined under section
     611(a)(2)(B) of such Act (20 U.S.C. 1411(a)(2)(B)) for such
     fiscal year.

  Mr. FERGUSON (during the reading). Madam Speaker, I ask unanimous
consent that the reading be dispensed with.
  The SPEAKER pro tempore. Is there objection to the request of the
gentleman from New Jersey?
  There was no objection.
  The SPEAKER pro tempore. The gentleman from New Jersey is recognized
for 5 minutes.
  Mr. FERGUSON. Madam Speaker, I rise today to offer a motion to
recommit H.R. 4137, the College Opportunity and Affordability Act, back
to the committee. I offer this motion to recommit because this
legislation falls short of funding two very critical programs for the
education of people in our country. We must ensure that we are fully
funding two very important programs, Pell Grants and the Individuals
with Disabilities Education Act, IDEA, before moving forward with other
programs.
  Both the Pell Grant program and IDEA have been underfunded for years.
This body has promised to fully fund these programs for all Americans,
individuals and States, and, sadly, today this body is going to break
that promise once again.
  These are commitments that Republicans and Democrats together have
made over the years, and together we have fallen short. Today we have
an opportunity to change that.
  While I am sure the additional programs in today's legislation are
worthy programs, we must first guarantee that we are meeting the
requirements of current programs before adding more responsibilities to
the Department of Education.
  Individuals in this country depend on Pell Grants and special
education funding. For years, these two programs have been successful
and are critical to ensuring that all Americans have access to a
quality education. It is crucial that we bring these programs up to
their full funding levels before adding new spending programs.
  This motion establishes better funding priorities than the underlying
bill. Funding special education and Pell Grants for the higher
education of individuals in this country should be the

[[Page H781]]

number one priority of the education programs for this body.
  Currently, IDEA, our special education program, is only being funded
at 17 percent of the added cost of educating individuals with
disabilities. The Federal Government has been authorized to fund up to
40 percent of the total cost of special education in our States.
  The fiscal year 2009 budget request is for $11.28 billion. This
represents 17 percent of the added cost of special education. To fund
IDEA to the level the Federal Government has promised, this request
needs to be, should be, $26.55 billion. This creates a funding
shortfall of over $15 billion for IDEA.
  Pell Grants are authorized to be $9,000, the maximum award, under
this legislation. However, the current level is less than half of that,
the discretionary maximum of $4,241. Including mandatory spending in
the maximum Pell Grant, it is still only $4,371, which is only 49
percent of the authorized level.
  Now, as a nation, Madam Speaker, we pride ourselves on our education
system. How can we be proud of a piece of legislation that funds our
longstanding key educational programs at only 42.5 percent of the
authorized level? It doesn't sound like something to be proud of. How
can we be proud of a piece of legislation without this motion to
recommit that doesn't set the right funding priorities for our Nation?
  Members on both sides of the aisle know that one of the heartfelt
items that I have worked on in my years in this body has been fully
funding our special education programs. We have worked on it together.
We have sometimes had success, and sometimes we haven't had the success
that we would have liked. But together, today, we have an opportunity
to fully fund IDEA and to fully fund the Pell Grant program, these two
programs which are so instrumental in helping give young people in our
country the educational opportunities that they so desperately need and
deserve.
  Let's fully fund the Pell Grant program. Let's fully fund IDEA to
keep our commitment to our special needs students. Let's vote ``yes''
on the motion to recommit.
  Madam Speaker, I yield back the balance of my time.

                              {time}  1745

  Mr. GEORGE MILLER of California. Madam Speaker, I rise in opposition
to the motion to recommit.
  The SPEAKER pro tempore. The gentleman from California is recognized
for 5 minutes.
  Mr. GEORGE MILLER of California. Madam Speaker, one of the great
coalitions we have in the Congress of the United States, supported by
every school board, every teacher organization, every educational group
in the country was to fully fund IDEA. It was bipartisan; letters went
down with 200, 300, 350, 375 Members of Congress saying fully fund
IDEA.
  We got pounded on our side when we weren't in control of the
Congress; that's the way it was. Everybody was for it, right up until
the moment that they took control of the Congress of the United States,
because in No Child Left Behind, when we asked to fully fund IDEA, the
now-minority leader of the Republicans pulled the plug, and that great
bipartisan coalition hasn't been heard of since.
  I would be embarrassed too. I would try to struggle to come back
because you disappointed the American public. You certainly
disappointed the families of these children, and you certainly
disappointed these children and those who struggle to give them an
education every day. So now as they struggle to come back, what are
they going to do?
  They are going to say unless you fund IDEA, you can't spend any money
on higher education under this bill. Folks, that's all money in higher
education under this bill, which is under this bill. So you won't be
able to provide loan forgiveness for firefighters and policemen and
public defenders and prosecutors and nurses. You won't be able to help
veterans reenter the higher education system when they come back with
so many of the injuries that they are coming back from.
  We won't be able to give them the assistance that's in this
legislation. For those veterans who lost a family member, this bill
says they are automatically entitled, the children are automatically
entitled to the Pell Grant. Those veterans' families won't get that, a
member of their family paid the supreme price in the defense of this
country. They won't get that.
  You are not going to get what we have been working for for so many
years, led by Mr. McKeon, led by Rahm Emanuel, to simplify it so
families can understand the access to the loan program so they can pay
for their kids' education. For the first time in 25 years, we have a
simplified system. But you won't get that; families won't get that.
  What about safety on college campuses? We had a moment of silence
here for those students. We had hearings all over Capitol Hill for
those students, but we address campus safety on a bipartisan basis. We
slugged it out, we worked it out, we did it. You won't get that. Those
campuses won't get that kind of assistance.
  What about now for the first time a master's program for the
historically black colleges? You won't get that. Because you shirked
your duties year after year after year for over a decade, you have now
decided these are the people that you are going to punish. This is the
tenet of this party on the other side of the aisle.


                Announcement By the Speaker Pro Tempore

  The SPEAKER pro tempore. The gentleman should address his remarks to
the Chair.
  Mr. GEORGE MILLER of California. It is tough to do when I realize the
substance of this amendment. It should be directed to the author of the
amendment and to the party that supports it.
  What about Teach for America? Have you talked to the principals in
the school districts that have these magnificent young people who have
come to this system to give us a couple of the best years of their
life? It won't be allowed under this amendment.
  Finally, what about the disabled kids that are in college where, for
the first time, in the Higher Education Act, we speak to the needs of
the disabled community that can thrive and do well in colleges but they
need help. You pit them against their brothers and sisters.
  Make your choice, ladies and gentlemen. You can vote for the past and
a scandalous record and commitment on education, or you can vote for
the future. How about some change?
  The SPEAKER pro tempore. Without objection, the previous question is
ordered on the motion to recommit.
  There was no objection.
  The SPEAKER pro tempore. The question is on the motion to recommit.
  The question was taken; and the Speaker pro tempore announced that
the noes appeared to have it.


                             Recorded Vote

  Mr. FERGUSON. Madam Speaker, I demand a recorded vote.
  A recorded vote was ordered.
  Pursuant to clause 8 and clause 9 of rule XX, this 15-minute vote on
the motion to recommit will be followed by 5-minute votes on passage of
the bill, if ordered; and suspending the rules agreeing to House
Resolution 947.
  The vote was taken by electronic device, and there were--ayes 194,
noes 216, not voting 19, as follows:

                             [Roll No. 39]

                               AYES--194

     Aderholt
     Akin
     Alexander
     Bachmann
     Bachus
     Barrett (SC)
     Barrow
     Bartlett (MD)
     Barton (TX)
     Biggert
     Bilbray
     Bilirakis
     Bishop (UT)
     Blackburn
     Blunt
     Boehner
     Bonner
     Bono Mack
     Boozman
     Boustany
     Brady (TX)
     Broun (GA)
     Brown (SC)
     Brown-Waite, Ginny
     Buchanan
     Burgess
     Burton (IN)
     Buyer
     Calvert
     Camp (MI)
     Campbell (CA)
     Cannon
     Cantor
     Capito
     Carney
     Carter
     Chabot
     Coble
     Cole (OK)
     Conaway
     Crenshaw
     Cubin
     Culberson
     Davis (KY)
     Davis, David
     Deal (GA)
     Dent
     Diaz-Balart, L.
     Diaz-Balart, M.
     Donnelly
     Doolittle
     Drake
     Dreier
     Duncan
     Ehlers
     Ellsworth
     Emerson
     English (PA)
     Fallin
     Feeney
     Ferguson
     Flake
     Forbes
     Fossella
     Franks (AZ)
     Frelinghuysen
     Gallegly
     Garrett (NJ)
     Gerlach
     Gilchrest
     Gingrey
     Gohmert
     Goode
     Goodlatte
     Granger
     Graves
     Hall (TX)
     Hastings (WA)
     Hayes
     Heller
     Hensarling
     Herger
     Hobson
     Hoekstra
     Hulshof
     Hunter
     Inglis (SC)
     Issa
     Johnson (IL)
     Johnson, Sam
     Jones (NC)
     Jordan
     Keller
     King (IA)
     King (NY)
     Kingston
     Kirk
     Kline (MN)
     Knollenberg
     Kuhl (NY)
     Lamborn
     Lampson
     Latham
     LaTourette
     Latta
     Lewis (CA)
     Linder
     LoBiondo
     Lucas
     Lungren, Daniel E.
     Mack
     Manzullo

[[Page H782]]


     Marchant
     Marshall
     McCarthy (CA)
     McCaul (TX)
     McCotter
     McCrery
     McHenry
     McHugh
     McKeon
     McMorris Rodgers
     McNerney
     Mica
     Miller (FL)
     Miller (MI)
     Miller, Gary
     Moran (KS)
     Murphy, Tim
     Musgrave
     Myrick
     Neugebauer
     Nunes
     Paul
     Pearce
     Pence
     Peterson (PA)
     Petri
     Pickering
     Platts
     Poe
     Price (GA)
     Pryce (OH)
     Putnam
     Radanovich
     Ramstad
     Regula
     Rehberg
     Reichert
     Renzi
     Reynolds
     Rogers (AL)
     Rogers (KY)
     Rogers (MI)
     Rohrabacher
     Ros-Lehtinen
     Roskam
     Royce
     Ryan (WI)
     Sali
     Saxton
     Schmidt
     Sensenbrenner
     Sessions
     Shadegg
     Shays
     Shimkus
     Shuster
     Simpson
     Smith (NE)
     Smith (NJ)
     Smith (TX)
     Souder
     Stearns
     Sullivan
     Terry
     Thornberry
     Tiahrt
     Tiberi
     Upton
     Walberg
     Walden (OR)
     Walsh (NY)
     Wamp
     Weldon (FL)
     Weller
     Westmoreland
     Whitfield (KY)
     Wilson (NM)
     Wilson (SC)
     Wittman (VA)
     Wolf
     Young (AK)
     Young (FL)

                               NOES--216

     Abercrombie
     Ackerman
     Allen
     Altmire
     Andrews
     Arcuri
     Baca
     Baird
     Baldwin
     Bean
     Becerra
     Berkley
     Berman
     Berry
     Bishop (GA)
     Bishop (NY)
     Blumenauer
     Boren
     Boswell
     Boyd (FL)
     Boyda (KS)
     Brady (PA)
     Braley (IA)
     Brown, Corrine
     Butterfield
     Capps
     Capuano
     Cardoza
     Carnahan
     Castle
     Castor
     Chandler
     Clarke
     Clay
     Cleaver
     Clyburn
     Cohen
     Conyers
     Cooper
     Costa
     Costello
     Courtney
     Crowley
     Cuellar
     Cummings
     Davis (AL)
     Davis (CA)
     Davis (IL)
     Davis, Lincoln
     DeFazio
     DeGette
     Delahunt
     DeLauro
     Dicks
     Dingell
     Doggett
     Doyle
     Edwards
     Ellison
     Emanuel
     Engel
     Eshoo
     Etheridge
     Fattah
     Filner
     Foxx
     Frank (MA)
     Giffords
     Gillibrand
     Gonzalez
     Gordon
     Green, Al
     Green, Gene
     Grijalva
     Gutierrez
     Hall (NY)
     Hare
     Harman
     Hastings (FL)
     Herseth Sandlin
     Higgins
     Hill
     Hinchey
     Hinojosa
     Hirono
     Hodes
     Holden
     Holt
     Honda
     Hooley
     Hoyer
     Israel
     Jackson (IL)
     Jackson-Lee (TX)
     Jefferson
     Johnson (GA)
     Johnson, E. B.
     Jones (OH)
     Kagen
     Kanjorski
     Kaptur
     Kennedy
     Kildee
     Kilpatrick
     Kind
     Klein (FL)
     Kucinich
     LaHood
     Langevin
     Larsen (WA)
     Larson (CT)
     Lee
     Levin
     Lewis (GA)
     Lipinski
     Loebsack
     Lofgren, Zoe
     Lynch
     Mahoney (FL)
     Maloney (NY)
     Markey
     Matheson
     Matsui
     McCarthy (NY)
     McCollum (MN)
     McDermott
     McGovern
     McIntyre
     McNulty
     Meek (FL)
     Meeks (NY)
     Melancon
     Michaud
     Miller (NC)
     Miller, George
     Mitchell
     Mollohan
     Moore (KS)
     Moore (WI)
     Moran (VA)
     Murphy (CT)
     Murphy, Patrick
     Murtha
     Nadler
     Napolitano
     Neal (MA)
     Oberstar
     Obey
     Olver
     Ortiz
     Pallone
     Pascrell
     Pastor
     Payne
     Perlmutter
     Peterson (MN)
     Pomeroy
     Price (NC)
     Rahall
     Rangel
     Reyes
     Richardson
     Rodriguez
     Ross
     Rothman
     Roybal-Allard
     Rush
     Ryan (OH)
     Salazar
     Sanchez, Linda T.
     Sarbanes
     Schakowsky
     Schiff
     Schwartz
     Scott (GA)
     Scott (VA)
     Serrano
     Sestak
     Shea-Porter
     Sherman
     Shuler
     Sires
     Skelton
     Slaughter
     Snyder
     Solis
     Space
     Spratt
     Stark
     Stupak
     Sutton
     Tancredo
     Tauscher
     Taylor
     Thompson (CA)
     Thompson (MS)
     Tierney
     Towns
     Tsongas
     Udall (CO)
     Udall (NM)
     Van Hollen
     Velazquez
     Visclosky
     Walz (MN)
     Wasserman Schultz
     Waters
     Watson
     Watt
     Waxman
     Weiner
     Welch (VT)
     Wexler
     Wilson (OH)
     Wu
     Yarmuth

                             NOT VOTING--19

     Boucher
     Cramer
     Davis, Tom
     Everett
     Farr
     Fortenberry
     Inslee
     Lantos
     Lewis (KY)
     Lowey
     Pitts
     Porter
     Ruppersberger
     Sanchez, Loretta
     Smith (WA)
     Tanner
     Turner
     Woolsey
     Wynn


                Announcement by the Speaker Pro Tempore

  The SPEAKER pro tempore (during the vote). Members are advised 2
minutes remain on this vote.

                              {time}  1807

  Ms. FOXX changed her vote from ``aye'' to ``no.''
  Mr. CARNEY changed his vote from ``no'' to ``aye.''
  So the motion to recommit was rejected.
  The result of the vote was announced as above recorded.
  The SPEAKER pro tempore. The question is on the passage of the bill.
  The question was taken; and the Speaker pro tempore announced that
the ayes appeared to have it.
  Mr. GEORGE MILLER of California. Madam Speaker, on that I demand the
yeas and nays.
  The yeas and nays were ordered.
  The SPEAKER pro tempore. This will be a 5-minute vote.
  The vote was taken by electronic device, and there were--yeas 354,
nays 58, not voting 17, as follows:

                             [Roll No. 40]

                               YEAS--354

     Abercrombie
     Ackerman
     Aderholt
     Alexander
     Allen
     Altmire
     Andrews
     Arcuri
     Baca
     Bachus
     Baird
     Baldwin
     Barrow
     Bean
     Becerra
     Berkley
     Berman
     Berry
     Biggert
     Bilbray
     Bilirakis
     Bishop (GA)
     Bishop (NY)
     Bishop (UT)
     Blumenauer
     Bonner
     Bono Mack
     Boozman
     Boren
     Boswell
     Boustany
     Boyd (FL)
     Boyda (KS)
     Brady (PA)
     Braley (IA)
     Brown (SC)
     Brown, Corrine
     Brown-Waite, Ginny
     Buchanan
     Butterfield
     Buyer
     Calvert
     Camp (MI)
     Capito
     Capps
     Capuano
     Cardoza
     Carnahan
     Carney
     Carter
     Castle
     Castor
     Chabot
     Chandler
     Clarke
     Clay
     Cleaver
     Clyburn
     Coble
     Cohen
     Cole (OK)
     Conyers
     Cooper
     Costa
     Costello
     Courtney
     Crenshaw
     Crowley
     Cuellar
     Cummings
     Davis (AL)
     Davis (CA)
     Davis (IL)
     Davis (KY)
     Davis, David
     Davis, Lincoln
     DeFazio
     DeGette
     Delahunt
     DeLauro
     Dent
     Diaz-Balart, L.
     Diaz-Balart, M.
     Dicks
     Dingell
     Doggett
     Donnelly
     Doyle
     Drake
     Edwards
     Ehlers
     Ellison
     Ellsworth
     Emanuel
     Emerson
     Engel
     English (PA)
     Eshoo
     Etheridge
     Fallin
     Fattah
     Ferguson
     Filner
     Forbes
     Fossella
     Frank (MA)
     Frelinghuysen
     Gallegly
     Gerlach
     Giffords
     Gilchrest
     Gillibrand
     Gohmert
     Gonzalez
     Goode
     Goodlatte
     Gordon
     Granger
     Graves
     Green, Al
     Green, Gene
     Grijalva
     Gutierrez
     Hall (NY)
     Hall (TX)
     Hare
     Harman
     Hastings (FL)
     Hastings (WA)
     Hayes
     Heller
     Herseth Sandlin
     Higgins
     Hill
     Hinchey
     Hinojosa
     Hirono
     Hobson
     Hodes
     Holden
     Holt
     Honda
     Hooley
     Hoyer
     Hulshof
     Hunter
     Inglis (SC)
     Israel
     Issa
     Jackson (IL)
     Jackson-Lee (TX)
     Jefferson
     Johnson (GA)
     Johnson (IL)
     Johnson, E. B.
     Johnson, Sam
     Jones (NC)
     Jones (OH)
     Kagen
     Kanjorski
     Kaptur
     Keller
     Kennedy
     Kildee
     Kilpatrick
     Kind
     King (NY)
     Kirk
     Klein (FL)
     Knollenberg
     Kucinich
     Kuhl (NY)
     LaHood
     Lampson
     Langevin
     Larsen (WA)
     Larson (CT)
     Latham
     LaTourette
     Latta
     Lee
     Levin
     Lewis (CA)
     Lewis (GA)
     Lewis (KY)
     Lipinski
     LoBiondo
     Loebsack
     Lofgren, Zoe
     Lucas
     Lynch
     Mahoney (FL)
     Maloney (NY)
     Manzullo
     Marchant
     Markey
     Marshall
     Matheson
     Matsui
     McCarthy (CA)
     McCarthy (NY)
     McCaul (TX)
     McCollum (MN)
     McCotter
     McCrery
     McDermott
     McGovern
     McHugh
     McIntyre
     McKeon
     McMorris Rodgers
     McNerney
     McNulty
     Meek (FL)
     Meeks (NY)
     Melancon
     Mica
     Michaud
     Miller (MI)
     Miller (NC)
     Miller, Gary
     Miller, George
     Mitchell
     Mollohan
     Moore (KS)
     Moore (WI)
     Moran (VA)
     Murphy (CT)
     Murphy, Patrick
     Murphy, Tim
     Murtha
     Nadler
     Napolitano
     Neal (MA)
     Neugebauer
     Nunes
     Oberstar
     Obey
     Olver
     Ortiz
     Pallone
     Pascrell
     Pastor
     Payne
     Pearce
     Perlmutter
     Peterson (MN)
     Peterson (PA)
     Petri
     Pickering
     Platts
     Pomeroy
     Price (NC)
     Pryce (OH)
     Radanovich
     Rahall
     Ramstad
     Rangel
     Regula
     Rehberg
     Reichert
     Renzi
     Reyes
     Reynolds
     Richardson
     Rodriguez
     Rogers (AL)
     Rogers (KY)
     Rogers (MI)
     Ros-Lehtinen
     Roskam
     Ross
     Rothman
     Roybal-Allard
     Rush
     Ryan (OH)
     Salazar
     Sanchez, Linda T.
     Sarbanes
     Saxton
     Schakowsky
     Schiff
     Schmidt
     Schwartz
     Scott (GA)
     Scott (VA)
     Serrano
     Sessions
     Sestak
     Shays
     Shea-Porter
     Sherman
     Shimkus
     Shuler
     Shuster
     Simpson
     Sires
     Skelton
     Slaughter
     Smith (NE)
     Smith (NJ)
     Smith (TX)
     Snyder
     Solis
     Souder
     Space
     Spratt
     Stark
     Stearns
     Stupak
     Sullivan
     Sutton
     Tauscher
     Taylor
     Terry
     Thompson (CA)
     Thompson (MS)
     Thornberry
     Tiahrt
     Tiberi
     Tierney
     Towns
     Tsongas
     Turner
     Udall (CO)
     Udall (NM)
     Upton
     Van Hollen
     Velazquez
     Visclosky
     Walberg
     Walden (OR)
     Walsh (NY)
     Walz (MN)
     Wamp
     Wasserman Schultz
     Waters
     Watson
     Watt
     Waxman
     Weiner
     Welch (VT)
     Weller
     Wexler
     Whitfield (KY)
     Wilson (NM)
     Wilson (OH)
     Wilson (SC)
     Wittman (VA)
     Wolf
     Wu
     Yarmuth
     Young (AK)
     Young (FL)

                                NAYS--58

     Akin
     Bachmann
     Barrett (SC)
     Bartlett (MD)
     Barton (TX)
     Blackburn
     Blunt
     Boehner
     Brady (TX)
     Broun (GA)
     Burgess
     Burton (IN)
     Campbell (CA)
     Cannon
     Cantor
     Conaway
     Cubin
     Culberson
     Deal (GA)
     Doolittle
     Dreier
     Duncan
     Feeney
     Flake
     Foxx
     Franks (AZ)
     Garrett (NJ)
     Gingrey
     Hensarling
     Herger
     Hoekstra
     Jordan
     King (IA)
     Kingston
     Kline (MN)
     Lamborn
     Linder
     Lungren, Daniel E.
     Mack
     McHenry
     Miller (FL)
     Moran (KS)
     Musgrave
     Myrick
     Paul
     Pence
     Poe
     Price (GA)
     Putnam
     Rohrabacher
     Royce
     Ryan (WI)
     Sali
     Sensenbrenner
     Shadegg
     Tancredo
     Weldon (FL)
     Westmoreland

[[Page H783]]



                             NOT VOTING--17

     Boucher
     Cramer
     Davis, Tom
     Everett
     Farr
     Fortenberry
     Inslee
     Lantos
     Lowey
     Pitts
     Porter
     Ruppersberger
     Sanchez, Loretta
     Smith (WA)
     Tanner
     Woolsey
     Wynn

                              {time}  1817

  So the bill was passed.
  The result of the vote was announced as above recorded.
  A motion to reconsider was laid on the table.

                          ____________________