An amendment numbered 1 printed in House Report 111-256 to make sundry changes to the bill.
What it does: 174 changes: inserts text in 63 places, renumbers 12 times, replaces text in 67 places, strikes text in 18 places, strikes 4 provisions, rewrites 8 provisions, adds 2 sections
Rep. George Miller (D-CA)Description
Manager's amendment makes sundry technical and conforming changes to the bill.
What it changes
174 changes to H.R. 3221
We couldn't match these changes to the text of H.R. 3221, so they're shown as written.
We couldn't read part of this amendment. That part is shown as written below.
Change 1: Inserts new text on page 11, line 21
InsertsPrinted pageInserted: (b) Multiple Pell Grant Awards.--Section 401(b)(5) (20 U.S.C. 1070a(b)(5)) is amended--
Inserted: (1) in subparagraph (A)--
Inserted: (A) by inserting "who is making satisfactory academic progress according to the institution's standards" after "award a student"; and
Inserted: (B) by striking "to permit such student to accelerate the student's progress toward a degree or certificate" and inserting "to permit such student to accelerate the student's graduation date, whether making full- or part-time progress toward a degree or certificate,"; and
Inserted: (2) by adding at the end the following new subparagraph:
Inserted: "(C) A student may not receive a combination of first and second scheduled award funds under this paragraph that exceeds the amount the student would otherwise be eligible to receive for the payment period.".
Original wording
Page 11, after line 21, insert the following new subsection (and redesignate the succeeding subsection accordingly):
Change 2: Renumbers subsection (b) as (c)
Original wording
Page 11, line 22, redesignate subsection (b) as subsection (c).
Change 3: Renumbers subsection (c) as (d)
Original wording
Page 13, line 10, redesignate subsection (c) as subsection (d).
Change 4: Replaces “(a) and (b)” with “(a) and (c)”
[struck: (a) and (b)][inserted: (a) and (c)]Original wording
Page 13, line 11, strike “(a) and (b)” and insert “(a) and (c)”.
Change 5: Replaces “483(e)(3)(ii)” with “483(e)(3)(A)(ii)”
[struck: 483(e)(3)(ii)][inserted: 483(e)(3)(A)(ii)]Original wording
Page 12, line 17, strike “483(e)(3)(ii)” and insert “483(e)(3)(A)(ii)”.
Change 6: Inserts new text on page 15, line 8
InsertsPrinted pageInserted: (3) Expiration of authority.--The authority to award grants under this part shall expire at the end of fiscal year 2014.
Original wording
Page 15, after line 8, insert the following:
Change 7: Replaces “two-year and four-year” with “public two-year and public four-year”
[struck: two-year and four-year][inserted: public two-year and public four-year]Original wording
Page 19, line 6, strike “two-year and four-year” and insert “public two-year and public four-year”.
Change 8: Inserts “in consultation with faculty from participating institutions” after “institutions”
…institutions[inserted: in consultation with faculty from participating institutions]…
Original wording
Page 19, line 10, insert “in consultation with faculty from participating institutions” after “institutions”.
Change 9: Replaces “polices” with “practices”
[struck: polices][inserted: practices]Original wording
Page 21, line 4, strike “polices” and insert “practices”.
Change 10: Strikes “for all categories” through “in the State”
Struck: for all categories … in the State
Original wording
Page 21, lines 7 through 9, strike “for all categories” and all that follows through “in the State”.
Change 11: Inserts “and” after the semicolon
Inserted: and
Original wording
Page 21, line 13, insert “and” after the semicolon.
Change 12: Strikes clause (iv)
Removes clause (iv) of the printed bill. See that page
Original wording
Page 21, beginning on line 14, strike clause (iv).
Change 13: Replaces “(v)” with “(iv)”
[struck: (v)][inserted: (iv)]Original wording
Page 21, line 20, strike “(v)” and insert “(iv)”.
Change 14: Rewrites paragraph (3)
Removes paragraph (3) of the printed bill. See that page
Inserted: (3) Subgrants to nonprofit organizations.--
Inserted: (A) In general.--A State receiving a payment under this section may elect to make a subgrant to one or more nonprofit organizations in the State, or a partnership of such organizations, to carry out activities and services described in subsection (d)(1), if the nonprofit organization or partnership--
Inserted: (i) was in existence on the day before the date of the enactment of the Student Aid and Fiscal Responsibility Act of 2009; and
Inserted: (ii) as of such day, was participating in activities and services related to promoting persistence in, and completion of, postsecondary education, such as the activities and services described in subsection (d)(1).
Inserted: (B) Nonprofit organizations.--For the purposes of this section, nonprofit organizations in a State include--
Inserted: (i) agencies with agreements with the Secretary under subsections (b) and (c) of section 428 on the date of the enactment of the Student Aid and Fiscal Responsibility Act of 2009;
Inserted: (ii) nonprofit subsidiaries of agencies described in clause (i), if such subsidiaries were established, pursuant to the law of such State, on or before January 1, 1998; and
Inserted: (iii) eligible not-for-profit servicers, as defined in section 456(d), with an agreement with the Secretary under subsection (a)(3) of section 456, except that such a servicer shall only be eligible for a subgrant from the State for which the servicer is receiving an allocation under such agreement.
Original wording
Page 23, beginning on line 5, strike paragraph (3) and insert the following:
Change 15: Inserts new text on page 24, line 9
InsertsPrinted pageInserted: (C) A nonprofit subsidiary of agencies described in subparagraph (B), if such subsidiary was established, pursuant to the law of such State, on or before January 1, 1998.
Original wording
Page 24, after line 9, insert the following:
Change 16: Strikes “and”
Struck: and
Original wording
Page 25, line 3, strike “and”.
Change 17: Inserts new text on page 25, line 5
InsertsPrinted pageInserted: (vi) assisting institutions of higher education institute programs of persistence focused on students at risk of not completing; and
Original wording
Page 25, after line 5, insert the following:
Change 18: Strikes “, at the appropriate stage of development of the partnership”
Struck: , at the appropriate stage of development of the partnership
Original wording
Page 27, beginning on line 1, strike “, at the appropriate stage of development of the partnership”.
Change 19: Replaces “central labor coalitions” with “trade unions or consortia of trade unions”
[struck: central labor coalitions][inserted: trade unions or consortia of trade unions]Original wording
Page 27, line 8, strike “central labor coalitions” and insert “trade unions or consortia of trade unions”.
Change 20: Rewrites paragraph (3)
Removes paragraph (3) of the printed bill. See that page
Inserted: (3) nonprofit organizations with demonstrated experience in the support, improvement, or operation of programs to increase postsecondary completion, including--
Inserted: (A) agencies with agreements with the Secretary under subsections (b) and (c) of section 428 on the date of the enactment of the Student Aid and Fiscal Responsibility Act of 2009;
Inserted: (B) nonprofit subsidiaries of agencies described in subparagraph (A), if such subsidiaries were established, pursuant to State law, on or before January 1, 1998; and
Inserted: (C) eligible not-for-profit servicers, as defined in section 456(d), with an agreement with the Secretary under subsection (a)(3) of section 456, except that such a servicer shall only be eligible for a subgrant from the State for which the servicer is receiving an allocation under such agreement;
Original wording
Page 28, beginning on line 17, strike paragraph (3) and insert the following:
Change 21: Rewrites section 785
Removes section 785 of the printed bill. See that page
Inserted: SEC. 785. PARTICIPATION OF PRIVATE, NONPROFIT INSTITUTIONS OF HIGHER EDUCATION.
Inserted: (a) Voluntary Participation.--A private, nonprofit institution of higher education may voluntarily elect to participate in a State's efforts under this part to increase postsecondary enrollment, persistence, and completion. A State--
Inserted: (1) shall not require any private, nonprofit institution to participate in such efforts; and
Inserted: (2) may require such an institution that voluntarily elects to participate in such efforts to provide appropriate information to allow the State to assess the institution's progress towards the goals described in subclauses (I) and (II) of section 782(c)(2)(A)(i).
Inserted: (b) Rule of Construction.--Nothing in this part, including voluntary participation described in subsection (a), shall be construed to--
Inserted: (1) authorize the Secretary, a State, or an officer or employee of the Department or of a State to exercise any direction, supervision, or control other than that is currently granted over a private, nonprofit institution of higher education, including control over curriculum, program of instruction, administration, governance, personnel, articulation, the awarding of credit, graduation or degree requirements, or admissions;
Inserted: (2) authorize the Secretary, a State, or an officer or employee of the Department or of a State to require a private, nonprofit institution of higher education to participate in a longitudinal data system; or
Inserted: (3) limit the application of the General Education Provisions Act.
Inserted: (c) Enforcement.--If any State fails or refuses to comply with any provision of this section, the State shall no longer be eligible for assistance under this part.
Original wording
Page 33, beginning on line 14, strike section 785 and insert the following:
Change 22: Replaces “2019.” with “2019. The authority to award grants under this section shall expire at the end of fiscal…”
[struck: 2019.][inserted: 2019. The authority to award grants under this section shall expire at the end of fiscal year 2019.]Original wording
Page 36, line 21, strike “2019.” and insert “2019. The authority to award grants under this section shall expire at the end of fiscal year 2019.”.
Change 23: Inserts new text on page 38, line 4
InsertsPrinted pageOriginal wording
Page 38, line 4, insert a period
Change 24: Inserts new text on page 38, line 25
InsertsPrinted pageOriginal wording
Page 38, line 25, insert a period
Change 25: Inserts “The authority to award grants under part N of title VIII of such Act shall expire at the…” after the period
Inserted: The authority to award grants under part N of title VIII of such Act shall expire at the end of fiscal year 2010.
Original wording
Page 39, line 8, after the period insert “The authority to award grants under part N of title VIII of such Act shall expire at the end of fiscal year 2010.”.
Change 26: Replaces “awarded to the student under” with “first disbursed to the student before July 1, 2010, under”
[struck: awarded to the student under][inserted: first disbursed to the student before July 1, 2010, under]Original wording
Page 40, beginning on line 13, strike “awarded to the student under” and insert “first disbursed to the student before July 1, 2010, under”.
Change 27: Replaces “awarded” with “disbursed”
[struck: awarded][inserted: disbursed]Original wording
Page 41, line 3, strike “awarded” and insert “disbursed”.
Change 28: Rewrites page 41, lines 4–9
ReplacesPrinted pageRemoves page 41, lines 4–9 of the printed bill. See that page
Inserted: student under part D (including a Federal Direct PLUS loan disbursed to a parent on behalf of the student), or first disbursed to the student under part E before July 1, 2010, for such payment period or period of enrollment; minus
Original wording
Page 41, strike lines 4 through 9 and insert “student under part D (including a Federal Direct PLUS loan disbursed to a parent on behalf of the student), or first disbursed to the student under part E before July 1, 2010, for such payment period or period of enrollment; minus”.
Change 29: Replaces “when such student returns from such service” with “upon termination of the deployment of such student for such service”
[struck: when such student returns from such service][inserted: upon termination of the deployment of such student for such service]Original wording
Page 43, line 16, strike “when such student returns from such service” and insert “upon termination of the deployment of such student for such service”.
Change 30: Rewrites section 106
Removes section 106 of the printed bill. See that page
Inserted: SEC. 106. VETERANS RESOURCE OFFICER GRANTS.
Inserted: Section 873 (20 U.S.C. 1161t) is amended--
Inserted: (1) by amending the header to read as follows: "MODEL PROGRAMS FOR CENTERS OF EXCELLENCE FOR VETERAN STUDENT SUCCESS; VETERANS RESOURCE OFFICERS";
Inserted: (2) in subsection (a), by inserting ", or the hiring of Veterans Resource Officers," after "model programs";
Inserted: (3) by amending subsection (b) to read as follows:
Inserted: "(b) Grant Authorized.--
Inserted: "(1) In general.--Subject to the availability of appropriations under subsection (f), the Secretary shall award grants to institutions of higher education to--
Inserted: "(A) develop model programs to support veteran student success in postsecondary education; or
Inserted: "(B) hire a Veterans Resource Officer to increase the college completion rates for veteran students enrolled at such institutions of higher education.
Inserted: "(2) Grant period.--A grant awarded under this section shall be awarded for a period of 3 years."; and
Inserted: (4) in subsection (c)--
Inserted: (A) in paragraph (1)--
Show 12 more inserted paragraphsShow less
Inserted: (i) by amending the header to read as follows: "Model program required activities"; and
Inserted: (ii) in the matter preceding subparagraph (A), by striking "under this section" and inserting "for the purpose described in subsection (b)(1)(A)";
Inserted: (B) by redesignating paragraph (2) as paragraph (3); and
Inserted: (C) by inserting after paragraph (1) the following:
Inserted: "(2) Veterans resource officer required activities.--An institution of higher education receiving a grant for the purpose described in subsection (b)(1)(B) shall use such grant to hire a Veterans Resource Officer whose duties shall include--
Inserted: "(A) serving as a liaison between--
Inserted: "(i) veteran students;
Inserted: "(ii) the faculty and staff of the institution; and
Inserted: "(iii) local facilities of the Department of Veterans Affairs;
Inserted: "(B) organizing and advising veteran student organizations and hosting veterans-oriented group functions on campus;
Inserted: "(C) distributing news and information to all veteran students, including through maintaining newsletters and listserves; and
Inserted: "(D) assisting in the training of Department of Veterans Affairs certifying officials, when applicable.".
Original wording
Page 43, beginning on line 17, amend section 106 to read as follows:
Change 31: Adds SEC. 107. OFFICER DANIEL FAULKNER CHILDREN OF FALLEN HEROES SCHOLARSHIP on page 47, line 6
Adds a sectionPrinted pageInserted: SEC. 107. OFFICER DANIEL FAULKNER CHILDREN OF FALLEN HEROES SCHOLARSHIP.
Inserted: (a) Short Title.--This section may be cited as the "Officer Daniel Faulkner Children of Fallen Heroes Scholarship Act of 2009".
Inserted: (b) Calculation of Eligibility.--Section 473(b) (20 U.S.C. 1087mm(b)(2)) is amended--
Inserted: (1) in paragraph (2)--
Inserted: (A) in the matter preceding subparagraph (A), by inserting "(in the case of a student who meets the requirement of subparagraph (B)(i)), or academic year 2010-2011 (in the case of a student who meets the requirement of subparagraph (B)(ii))," after "academic year 2009-2010"; and
Inserted: (B) by amending subparagraph (B) to read as follows:
Inserted: "(B) whose parent or guardian was--
Inserted: "(i) a member of the Armed Forces of the United States and died as a result of performing military service in Iraq or Afghanistan after September 11, 2001; or
Inserted: "(ii) was actively serving as a public safety officer and died in the line of duty while performing as a public safety officer; and";
Inserted: (2) in paragraph (3)--
Inserted: (A) by striking "Notwithstanding" and inserting the following:
Inserted: "(A) Armed forces.--Notwithstanding";
Show 21 more inserted paragraphsShow less
Inserted: (B) by striking "paragraph (2)" and inserting "subparagraphs (A), (B)(i), and (C) of paragraph (2)"; and
Inserted: (C) by adding at the end the following:
Inserted: "(B) Public safety officers.--Notwithstanding any other provision of law, unless the Secretary establishes an alternate method to adjust the expected family contribution, a financial aid administrator shall adjust the expected family contribution in accordance with this subsection for each student who meets the requirements of subparagraphs (A), (B)(ii), and (C) of paragraph (2)."; and
Inserted: (3) by adding at the end the following:
Inserted: "(4) Treatment of pell amount.--Notwithstanding section 1212 of the Omnibus Crime Control and Safe Streets Act of 1968, in the case of a student who receives an increased Federal Pell Grant amount under this section, the total amount of such Federal Pell Grant, including the increase under subparagraph (A), shall not be considered in calculating that student's educational assistance benefits under the Public Safety Officer's Benefits program.
Inserted: "(5) Definitions.--For purposes of this subsection--
Inserted: "(A) the term 'public safety officer' means an individual serving a public agency in an official capacity, with or without compensation, as a law enforcement officer, as a firefighter, or as a member of a rescue squad or ambulance crew;
Inserted: "(B) the term 'law enforcement officer' means an individual who--
Inserted: "(i) is authorized by law to engage in or supervise the prevention, detection, investigation, or prosecution of, or the incarceration of any person for, any violation of law; and
Inserted: "(ii) has statutory powers of arrest or apprehension;
Inserted: "(C) the term 'firefighter' means an individual who is trained in the suppression of fire or hazardous-materials response and has the legal authority to engage in these duties;
Inserted: "(D) the term 'member of a rescue squad or ambulance crew' means an individual who is an officially recognized or designated public employee member of a rescue squad or ambulance crew; and
Inserted: "(E) the term 'public agency' means the United States, any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands of the United States, Guam, American Samoa, the Trust Territory of the Pacific Islands, the Commonwealth of the Northern Mariana Islands, any territory or possession of the United States, or any unit of local government, department, agency, or instrumentality of any of the foregoing, and the Amtrak Police and Federal Reserve Police departments.".
Inserted: SEC. 108. TEACHER EXCELLENCE.
Inserted: (a) Establishment.--The Secretary of Education may make grants to local educational agencies for the purpose of improving teacher excellence in public elementary and secondary schools.
Inserted: (b) Use of Funds.--Grants under this section shall be used for the establishment, expansion, or improvement of--
Inserted: (1) professional development activities that are aligned to the curriculum and student academic needs;
Inserted: (2) mentoring and induction programs for new teachers and principals; or
Inserted: (3) career ladders that allow teachers to take on new professional roles, such as career teachers, mentor teachers, and master teachers.
Inserted: (c) Application.--A local educational agency desiring a grant under this section shall submit to the Secretary of Education an application at such time, in such manner, and accompanied by such information as the Secretary may reasonably require.
Inserted: (d) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section such sums as may be necessary for fiscal year 2010 and each of the 5 succeeding fiscal years.
Original wording
Page 47, after line 6, insert the following new sections:
Change 32: Replaces “Grant, a Federal Direct Stafford Loan, or work assistance under” with “Grant or a Federal Direct Stafford Loan under”
[struck: Grant, a Federal Direct Stafford Loan, or work assistance under][inserted: Grant or a Federal Direct Stafford Loan under]Original wording
Page 48, lines 1 and 2, strike “Grant, a Federal Direct Stafford Loan, or work assistance under” and insert “Grant or a Federal Direct Stafford Loan under”.
Change 33: Inserts new text on page 50, line 20
InsertsPrinted pageOriginal wording
Page 50, line 20, insert a period
Change 34: Inserts “the” after “enactment of”
…enactment of[inserted: the]…
Original wording
Page 57, line 2, insert “the” after “enactment of”.
Change 35: Strikes the comma on page 62, line 7
StrikesPrinted page…
[struck: ,]Original wording
Page 62, line 7, strike the comma
Change 36: Strikes the comma on page 62, line 3
StrikesPrinted page…
[struck: ,]Original wording
Page 62, line 3, strike the comma
Change 37: Replaces “; and” with “; or”
[struck: ; and][inserted: ; or]Original wording
Page 65, line 7, strike “; and” and insert “; or”.
Change 38: Inserts “(or, if the holder acts as eligible lender trustee for the beneficial owner of the loan,…” after “loan”
…loan[inserted: (or, if the holder acts as eligible lender trustee for the beneficial owner of the loan, the beneficial owner of the loan),]…
Original wording
Page 65, line 15, after “loan” insert “(or, if the holder acts as eligible lender trustee for the beneficial owner of the loan, the beneficial owner of the loan),”.
Change 39: Inserts “in which the Secretary has purchased a participation interest and” after “any loan”
…any loan[inserted: in which the Secretary has purchased a participation interest and]…
Original wording
Page 66, line 18, after “any loan” insert “in which the Secretary has purchased a participation interest and”.
Change 40: Strikes “and that is held” through “the Secretary”
Struck: and that is held … the Secretary
Original wording
Page 66, beginning on line 21, strike “and that is held” and all that follows through “the Secretary” on line 23.
Change 41: Rewrites paragraph (2)
Removes paragraph (2) of the printed bill. See that page
Inserted: (2) Effective date.--The amendments made by subparagraph (C) of paragraph (1) shall be effective as if enacted as part of section 102(a)(1) of the Higher Education Opportunity Act, in accordance with section 102(e) of such Act, as amended by section 101(a)(2) of Public Law 111-39.
Original wording
Page 69, beginning on line 15, strike paragraph (2) and insert the following:
Change 42: Inserts “located in the United States” before “at which”
…[inserted: located in the United States ]at which…
Original wording
Page 71, line 24, insert “located in the United States” before “at which”.
Change 43: Inserts “(employed in the United States)” after “employees”
…employees[inserted: (employed in the United States)]…
Original wording
Page 72, line 7, insert “(employed in the United States)” after “employees”.
Change 44: Inserts “nonprofit subsidiaries of such an agency,” after “2009,”
…2009,[inserted: nonprofit subsidiaries of such an agency,]…
Original wording
Page 72, line 20, after “2009,” insert “nonprofit subsidiaries of such an agency,”.
Change 45: Inserts “, subsidiaries,” after “agencies”
…agencies[inserted: , subsidiaries,]…
Original wording
Page 72, line 21, after “agencies” insert “, subsidiaries,”.
Change 46: Inserts “, subsidiaries,” after “agencies”
…agencies[inserted: , subsidiaries,]…
Original wording
Page 72, line 24, after “agencies” insert “, subsidiaries,”.
Change 47: Replaces “State agencies, and” with “agencies, subsidiaries, and”
[struck: State agencies, and][inserted: agencies, subsidiaries, and]Original wording
Page 73, line 5, strike “State agencies, and” and insert “agencies, subsidiaries, and”.
Change 48: Replaces “State agencies and” with “such agencies, subsidiaries, and”
[struck: State agencies and][inserted: such agencies, subsidiaries, and]Original wording
Page 73, line 9, strike “State agencies and” and insert “such agencies, subsidiaries, and”.
Change 49: Strikes “such”
Struck: such
Original wording
Page 73, line 10, strike “such”.
Change 50: Replaces “one or more” with “at least one”
[struck: one or more][inserted: at least one]Original wording
Page 74, line 1, strike “one or more” and insert “at least one”.
Change 51: Replaces “on an annual basis” with “each year”
[struck: on an annual basis][inserted: each year]Original wording
Page 74, beginning on line 22, strike “on an annual basis” and insert “each year”.
Change 52: Replaces “on an annual basis” with “each year”
[struck: on an annual basis][inserted: each year]Original wording
Page 75, line 13, strike “on an annual basis” and insert “each year”.
Change 53: Rewrites subparagraph (C)
Removes subparagraph (C) of the printed bill. See that page
Inserted: (C) Loan servicing retention.--
Inserted: (i) In general.--In addition to any new loans allocated to a servicers under subparagraph (B)(ii), an eligible not-for-profit servicer shall retain the servicing of loans allocated to such servicer in previous years, except as provided in clause (ii), or as otherwise provided for in accordance with the terms of a contract under this paragraph.
Inserted: (ii) Transfers for multiple loans.--Notwithstanding clause (i) and the allocations required by subparagraph (B), the Secretary may transfer loans among servicers who are awarded contracts to service loans pursuant to this section to ensure that the loans of any single borrower remain with a single servicer.
Original wording
Page 76, beginning on line 9, strike subparagraph (C) and insert the following:
Change 54: Replaces “3 years” with “5 years”
[struck: 3 years][inserted: 5 years]Original wording
Page 76, line 17, strike “3 years” and insert “5 years”.
Change 55: Strikes “, including due diligence activities required pursuant to regulations”
Struck: , including due diligence activities required pursuant to regulations
Original wording
Page 77, beginning on line 14, strike “, including due diligence activities required pursuant to regulations”.
Change 56: Rewrites paragraph (2)
Removes paragraph (2) of the printed bill. See that page
Inserted: (2) Eligible not-for-profit servicer.--
Inserted: (A) In general.--The term 'eligible not-for-profit servicer' means an entity--
Inserted: (i) that is not owned or controlled in whole or in part by--
Inserted: (I) a for profit entity; or
Inserted: (II) a nonprofit entity having its principal place of business in another State; and
Inserted: (ii) that--
Inserted: (I) as of July 1, 2009--
Inserted: (aa) meets the definition of an eligible not-for-profit holder under section 435(p), except that such term does not include eligible lenders described in paragraph (1)(D) of such section; and
Inserted: (bb) was performing, or had entered into a contract with a third party servicer (as such term is defined in section 481(c)) who was performing, student loan servicing functions for loans made under part B of this title;
Inserted: (II) notwithstanding subclause (I), as of July 1, 2009--
Inserted: (aa) is the sole beneficial owner of a loan for which the special allowance rate is calculated under section 438(b)(2)(I)(vi)(II) because the loan is held by an eligible lender trustee that is an eligible not-for-profit holder as defined under section 435(p)(1)(D); and
Inserted: (bb) was performing, or had entered into a contract with a third party servicer (as such term is defined in section 481(c)) who was performing, student loan servicing functions for loans made under part B of this title; or
Show 10 more inserted paragraphsShow less
Inserted: (III) is an affiliated entity of an eligible not-for-profit servicer described in subclause (I) or (II) that--
Inserted: (aa) directly employs, or will directly employ (on or before the date the entity begins servicing loans under a contract awarded by the Secretary pursuant to subsection (a)(3)(A)), the majority of individuals who perform borrower-specific student loan servicing functions; and
Inserted: (bb) as of July 1, 2009, was performing, or had entered into a contract with a third party servicer (as such term is defined in section 481(c)) who was performing, student loan servicing functions for loans made under part B of this title.
Inserted: (B) Affiliated entity.--For the purposes of subparagraph (A), the term 'affiliated entity'--
Inserted: (i) means an entity contracted to perform services for an eligible not-for-profit servicer that--
Inserted: (I) is a nonprofit entity or is wholly owned by a nonprofit entity; and
Inserted: (II) is not owned or controlled, in whole or in part, by--
Inserted: (aa) a for-profit entity; or
Inserted: (bb) an entity having its principal place of business in another State; and
Inserted: (ii) may include an affiliated entity that is established by an eligible not-for-profit servicer after the date of enactment of the Student Aid and Fiscal Responsibility Act of 2009, if such affiliated entity is otherwise described in subparagraph (A)(ii)(III) and clause (i) of this subparagraph.
Original wording
Page 77, beginning on line 16, strike paragraph (2) and insert the following:
Change 57: Adds SEC. 216. TECHNICAL ASSISTANCE TO INSTITUTIONS OF HIGHER EDUCATION on page 80, line 22
Adds a sectionPrinted pageInserted: SEC. 216. TECHNICAL ASSISTANCE TO INSTITUTIONS OF HIGHER EDUCATION.
Inserted: Section 458(a) (20 U.S.C. 1087h(a)) is amended--
Inserted: (1) by redesignating paragraph (5) as paragraph (6); and
Inserted: (2) by inserting after paragraph (4) the following new paragraph:
Inserted: "(5) Technical assistance to institutions of higher education.--
Inserted: "(A) Provision of assistance.--The Secretary shall provide institutions of higher education participating, or seeking to participate, in the loan programs under this part with technical assistance in establishing and administering such programs, including assistance for an institution of higher education during such institution's transition into such programs. Such assistance may include technical support, training for personnel, customized assistance to individual institutions of higher education, development of informational materials, and
Inserted: other services the Secretary determines to be appropriate.
Inserted: "(B) Funds.--There are--
Inserted: "(i) authorized to be appropriated, and there are appropriated, to carry out this paragraph (in addition to any other amounts appropriated to carry out this subparagraph and out of any money in the Treasury not otherwise appropriated), $50,000,000 for fiscal year 2010; and
Inserted: "(ii) authorized to be appropriated such sums as may be necessary to carry out this paragraph for fiscal years 2011 through 2014.".
Original wording
Page 80, after line 22, insert the following new section:
Change 58: Inserts “(except as provided in paragraphs (3) and (4))” after “as follows”
…as follows[inserted: (except as provided in paragraphs (3) and (4))]…
Original wording
Page 84, line 8, insert “(except as provided in paragraphs (3) and (4))” after “as follows”.
Change 59: Inserts new text on page 85, line 12
InsertsPrinted pageInserted: (3) Required minimum amount.--Notwithstanding paragraph (1), in no case shall the sum of a participating institution's allocation of loan authority computed under subsections (c), (d), and (e) be less than the average of the institution's total principal amount of loans made under this part for each of the academic years 2003-2004 through 2007-2008.
Inserted: (4) Additional adjustments.--If the Secretary determines that the sum of a participating institution's allocation of loan authority under subsections (c), (d), and (e) is below the minimum amount required under paragraph (3), the Secretary shall--
Inserted: (A) for each institution for which the minimum amount under paragraph (3) is not satisfied, increase the amount of such sum to the amount of the required minimum under such paragraph; and
Inserted: (B) ratably reduce the amount of the sum of such loan authority of all participating institutions not described in subparagraph (A).
Original wording
Page 85, after line 12, insert the following new paragraphs:
Change 60: Strikes paragraph (3)
Removes paragraph (3) of the printed bill. See that page
Original wording
Page 87, beginning on line 20, strike paragraph (3).
Change 61: Strikes paragraph (4)
Removes paragraph (4) of the printed bill. See that page
Original wording
Page 88, beginning on line 1, strike paragraph (4).
Change 62: Inserts “in” after “specified”
…specified[inserted: in]…
Original wording
Page 96, line 14, insert “in” after “specified”.
Change 63: Strikes “(a)”
Struck: (a)
Original wording
Page 97, line 8, strike “(a)”.
Change 64: Strikes the period on page 105, line 2
StrikesPrinted page…
[struck: .]Original wording
Page 105, line 2, strike the period
Change 65: Rewrites page 105, lines 3–20
ReplacesPrinted pageRemoves page 105, lines 3–20 of the printed bill. See that page
Inserted: (3) in paragraph (2), by adding at the end the following new subparagraph:
Inserted: "(C) Exception.--Notwithstanding subparagraphs (A) and (B), an institution that fails to meet the requirements of subsection (a)(24) for two consecutive institutional fiscal years, and the second such institutional fiscal year ends after July 1, 2008, and before July 1, 2011, shall not be determined ineligible in accordance with subparagraph (A) unless the institution fails to meet the requirements of subsection (a)(24) for a third consecutive institutional fiscal year.".
Original wording
Page 105, strike lines 3 through 20, and insert the following:
Change 66: Inserts “, including life-cycle cost effectiveness,” before “and waste”
…[inserted: , including life-cycle cost effectiveness, ]and waste…
Original wording
Page 111, line 22, insert “, including life-cycle cost effectiveness,” before “and waste”.
Change 67: Replaces “including, where applicable, early learning facilities, based” with “(including early learning facilities, as appropriate), based”
[struck: including, where applicable, early learning facilities, based][inserted: (including early learning facilities, as appropriate), based]Original wording
Page 117, beginning on line 7 strike “including, where applicable, early learning facilities, based” and insert “(including early learning facilities, as appropriate), based”.
Change 68: Inserts “(including early learning facilities, as appropriate)” after “facilities”
…facilities[inserted: (including early learning facilities, as appropriate)]…
Original wording
Page 122, line 11, insert “(including early learning facilities, as appropriate)” after “facilities”.
Change 69: Inserts new text on page 131, line 7
InsertsPrinted pageInserted: (d) Termination.--The authority to establish and maintain the Advisory Council under this section shall expire at the close of September 30, 2011.
Original wording
Page 131, after line 7, insert the following:
Change 70: Inserts new text on page 132, line 6
InsertsPrinted pageInserted: (d) Sunset.--The authority to award grants under this subtitle shall expire at the end of fiscal year 2011.
Original wording
Page 132, after line 6, insert the following:
Change 71: Inserts new text on page 138, line 8
InsertsPrinted pageInserted: (K) Expansion or building of computer lab facilities, including facilities used to provide information technology training to students and members of the public.
Original wording
Page 138, after line 8, insert the following:
Change 72: Renumbers subparagraph (K) as (L)
Original wording
Page 138, line 9, redesignate subparagraph (K) as subparagraph (L).
Change 73: Renumbers subparagraph (L) as (M)
Original wording
Page 138, line 12, redesignate subparagraph (L) as subparagraph (M).
Change 74: Replaces “(f)” with “(e)”
[struck: (f)][inserted: (e)]Original wording
Page 141, line 1, strike “(f)” and insert “(e)”.
Change 75: Replaces “(g)” with “(f)”
[struck: (g)][inserted: (f)]Original wording
Page 141, line 16, strike “(g)” and insert “(f)”.
Change 76: Replaces “(h)” with “(g)”
[struck: (h)][inserted: (g)]Original wording
Page 141, line 21, strike “(h)” and insert “(g)”.
Change 77: Replaces “(i)” with “(h)”
[struck: (i)][inserted: (h)]Original wording
Page 143, line 10, strike “(i)” and insert “(h)”.
Change 78: Rewrites page 143, line 15
ReplacesPrinted pageRemoves page 143, line 15 of the printed bill. See that page
Inserted: year 2010, which shall remain available until expended. The authority to award grants under this section shall expire at the end of fiscal year 2010.
Original wording
Page 143, strike line 15, and insert the following: “year 2010, which shall remain available until expended. The authority to award grants under this section shall expire at the end of fiscal year 2010.”.
Change 79: Replaces “, and improve” with “and”
[struck: , and improve][inserted: and]Original wording
Page 144, line 7, strike “, and improve” and insert “and”.
Change 80: Inserts “, including programs receiving funds under section 611(h)(4) and 643(b) of the Individual…” after “children”
…children[inserted: , including programs receiving funds under section 611(h)(4) and 643(b) of the Individuals with Disabilities Education Act (20 U.S.C. 1411(h)(4); 1443(b))]…
Original wording
Page 146, line 8, after “children” insert “, including programs receiving funds under section 611(h)(4) and 643(b) of the Individuals with Disabilities Education Act (20 U.S.C. 1411(h)(4); 1443(b))”.
Change 81: Replaces “determined by the Secretary to qualify for receipt of” with “with an approved application for”
[struck: determined by the Secretary to qualify for receipt of][inserted: with an approved application for]Original wording
Page 146, beginning on line 23, strike “determined by the Secretary to qualify for receipt of” and insert “with an approved application for”.
Change 82: Inserts “and” after the semicolon
Inserted: and
Original wording
Page 148, line 10, after the semicolon, insert “and”.
Change 83: Strikes page 148, lines 11–14
StrikesPrinted pageRemoves page 148, lines 11–14 of the printed bill. See that page
Original wording
Page 148, strike lines 11 through 14.
Change 84: Replaces “(3)” with “(2)”
[struck: (3)][inserted: (2)]Original wording
Page 148, line 15, strike “(3)” and insert “(2)”.
Change 85: Strikes “and”
Struck: and
Original wording
Page 151, line 18, strike “and” at the end.
Change 86: Replaces the period at the end of page 151, line 22 with “; and”
ReplacesPrinted page…
[struck: .][inserted: ; and]Original wording
Page 151, line 22, strike the period at the end and insert “; and”.
Change 87: Inserts new text on page 151, line 22
InsertsPrinted pageInserted: (E) committing State resources for supporting early learning programs and services.
Original wording
Page 151, after line 22, insert the following:
Change 88: Strikes “, as appropriate,”
Struck: , as appropriate,
Original wording
Page 154, line 24, strike “, as appropriate,”.
Change 89: Inserts “, as appropriate,” after “standards”
…standards[inserted: , as appropriate,]…
Original wording
Page 154, line 25, after “standards” insert “, as appropriate,”.
Change 90: Inserts “the” after “including”
…including[inserted: the]…
Original wording
Page 156, line 3, after “including” insert “the”.
Change 91: Replaces “providers” with “early learning programs”
[struck: providers][inserted: early learning programs]Original wording
Page 156, line 6, strike “providers” and insert “early learning programs”.
Change 92: Inserts “early learning” before “program”
…[inserted: early learning ]program…
Original wording
Page 157, line 22, before “program” insert “early learning”.
Change 93: Inserts “dental, developmental delay and” before “disability,”
…[inserted: dental, developmental delay and ]disability,…
Original wording
Page 158, line 1, before “disability,” insert “dental, developmental delay and”.
Change 94: Inserts new text on page 161, line 20
InsertsPrinted pageInserted: (14) A description of how the State will implement a process for improving the quality of early learning services to better meet the needs of children who have experienced abuse or neglect, been exposed to violence, toxic stress, parental substance abuse, mental illness, or homelessness, or have had early behavioral and peer relationship problems, including addressing appropriate professional development, programmatic practices, classroom environment, and outreach and support to meet the needs of such children.
Original wording
Page 161, after line 20, insert the following:
Change 95: Renumbers paragraph (14) as (15)
Original wording
Page 161, line 21, redesignate paragraph (14) as paragraph (15).
Change 96: Inserts “early learning” before “program”
…[inserted: early learning ]program…
Original wording
Page 165, line 5, insert “early learning” before “program”.
Change 97: Inserts “dental, developmental delay and” before “disability,”
…[inserted: dental, developmental delay and ]disability,…
Original wording
Page 165, line 13, before “disability,” insert “dental, developmental delay and”.
Change 98: Replaces “services,” with “services (or, if the State can demonstrate that it is already meeting the needs of such c…”
[struck: services,][inserted: services (or, if the State can demonstrate that it is already meeting the needs of such children in such manner, the State may apply to expand access for disadvantaged children in such manner and the State's application may not be adversely treated due to such request),]Original wording
Page 167, line 5, strike “services,” and insert “services (or, if the State can demonstrate that it is already meeting the needs of such children in such manner, the State may apply to expand access for disadvantaged children in such manner and the State's application may not be adversely treated due to such request),”.
Change 99: Replaces “to” with “that”
[struck: to][inserted: that]Original wording
Page 168, line 16, strike “to” and insert “that”.
Change 100: Replaces “allow a State to become eligible and competitive” with “improve a State's competitiveness”
[struck: allow a State to become eligible and competitive][inserted: improve a State's competitiveness]Original wording
Page 168, line 18, strike “allow a State to become eligible and competitive” and insert “improve a State's competitiveness”.
Change 101: Replaces “could include determining” with “may include”
[struck: could include determining][inserted: may include]Original wording
Page 171, line 24, strike “could include determining” and insert “may include”.
Change 102: Inserts “examining” after “(i)”
…(i)[inserted: examining]…
Original wording
Page 172, line 1, after “(i)” insert “examining”.
Change 103: Inserts “examining” after “(ii)”
…(ii)[inserted: examining]…
Original wording
Page 172, line 4, after “(ii)” insert “examining”.
Change 104: Inserts “examining” after “(iii)”
…(iii)[inserted: examining]…
Original wording
Page 172, line 6, after “(iii)” insert “examining”.
Change 105: Inserts “examining” after “(iv)”
…(iv)[inserted: examining]…
Original wording
Page 172, line 9, after “(iv)” insert “examining”.
Change 106: Inserts “examining” after “(v)”
…(v)[inserted: examining]…
Original wording
Page 172, line 12, after “(v)” insert “examining”.
Change 107: Strikes “and”
Struck: and
Original wording
Page 172, line 14, strike “and” at the end.
Change 108: Inserts “examining” after “(vi)”
…(vi)[inserted: examining]…
Original wording
Page 172, line 15, after “(vi)” insert “examining”.
Change 109: Inserts new text on page 172, line 20
InsertsPrinted pageInserted: (vii) Supporting the development of valid and reliable assessments of young children and program quality, including in domains including language, literacy, mathematics, science, social and emotional development, and approaches to learning, with particular attention to development of assessments of domains for which there are few appropriate assessments, that are--
Inserted: (I) developmentally, linguistically, and culturally appropriate for the population served, including children with disabilities and children with limited English proficiency;
Inserted: (II) consistent with relevant, nationally recognized professional and technical standards related to the assessment of young children;
Inserted: (III) consistent with the guidelines on assessment for improved practice and for accountability in the National Research Council Committee on Developmental Outcomes and Assessments for Young Children; and
Original wording
Page 172, after line 20, insert the following:
Change 110: Rewrites page 172, line 23 through page 173, line 6
ReplacesPrinted pageRemoves page 172, line 23 through page 173, line 6 of the printed bill. See that page
Inserted: (4) Not later than 18 months after the date of the enactment of this Act, conducting a review of the statewide strategic reports developed by the State Advisory Councils on Early Care and Education (established pursuant to section 642B(b)(1)(A) of the Head Start Act (42 U.S.C. 9837b(b)(1)(A))) and other relevant information (including information reported by States under section 406(b)(9)) to evaluate barriers to increasing access to high-quality early learning programs for low-income children, reporting on the findings of such review, and disseminating relevant findings and best practices.
Original wording
Beginning on page 172, strike line 23 through page 173, line 6, and insert the following:
Change 111: Inserts “State's” before “progress”
…[inserted: State's ]progress…
Original wording
Page 174, line 12, before “progress” insert “State's”.
Change 112: Replaces “providers” with “early learning programs”
[struck: providers][inserted: early learning programs]Original wording
Page 174, line 24, strike “providers” and insert “early learning programs”.
Change 113: Replaces “providers” with “early learning programs”
[struck: providers][inserted: early learning programs]Original wording
Page 175, line 1, strike “providers” and insert “early learning programs”.
Change 114: Replaces “proficient” with “proficiency”
[struck: proficient][inserted: proficiency]Original wording
Page 175, line 7, strike “proficient” and insert “proficiency”.
Change 115: Inserts “and early learning programs” after “providers”
…providers[inserted: and early learning programs]…
Original wording
Page 175, line 10, after “providers” insert “and early learning programs”.
Change 116: Strikes “appropriate”
Struck: appropriate
Original wording
Page 175, line 18, strike “appropriate”.
Change 117: Inserts “The authority to award grants under this title shall expire at the end of fiscal year 201…” after “2017.”
…2017.[inserted: The authority to award grants under this title shall expire at the end of fiscal year 2017.]…
Original wording
Page 177, line 19, after “2017.” insert “The authority to award grants under this title shall expire at the end of fiscal year 2017.”.
Change 118: Inserts “The authority to award grants under this title shall expire at the end of fiscal year 201…” after “2019.”
…2019.[inserted: The authority to award grants under this title shall expire at the end of fiscal year 2019.]…
Original wording
Page 178, line 4, after “2019.” insert “The authority to award grants under this title shall expire at the end of fiscal year 2019.”.
Change 119: Rewrites page 179, line 7
ReplacesPrinted pageRemoves page 179, line 7 of the printed bill. See that page
Inserted: In this title:
Original wording
Page 179, strike line 7, and insert “In this title:”.
Change 120: Inserts “that has at least one articulation agreement with a 4-year institution of higher education” after “district”
…district[inserted: that has at least one articulation agreement with a 4-year institution of higher education]…
Original wording
Page 179, line 20, insert “that has at least one articulation agreement with a 4-year institution of higher education” after “district”.
Change 121: Inserts “that has at least one articulation agreement with an institution of higher education” after “school”
…school[inserted: that has at least one articulation agreement with an institution of higher education]…
Original wording
Page 179, line 22, insert “that has at least one articulation agreement with an institution of higher education” after “school”.
Change 122: Inserts new text on page 180, line 6
InsertsPrinted pageInserted: (D) a Tribal College or University;
Original wording
Page 180, after line 6, insert the following:
Change 123: Replaces “(D)” with “(E)”
[struck: (D)][inserted: (E)]Original wording
Page 180, line 7, strike “(D)” and insert “(E)”.
Change 124: Replaces “or (C)” with “(C), or (D)”
[struck: or (C)][inserted: (C), or (D)]Original wording
Page 180, lines 9 and 10, strike “or (C)” and insert “(C), or (D)”.
Change 125: Replaces “(E)” with “(F)”
[struck: (E)][inserted: (F)]Original wording
Page 180, line 11, strike “(E)” and insert “(F)”.
Change 126: Rewrites clause (ii)
Removes clause (ii) of the printed bill. See that page
Inserted: (ii) has established and implemented a comprehensive articulation agreement between or among public institutions of higher education in the State that includes outlining the acceptability of community college courses in transfer for credit at public 4-year institutions in the State; and
Original wording
Page 180, beginning on line 15, strike clause (ii) and insert the following:
Change 127: Replaces “or (D); or” with “(D), or (E);”
[struck: or (D); or][inserted: (D), or (E);]Original wording
Page 180, line 20, strike “or (D); or” and insert “(D), or (E);”.
Change 128: Replaces “(F)” with “(G)”
[struck: (F)][inserted: (G)]Original wording
Page 180, line 21, strike “(F)” and insert “(G)”
Change 129: Replaces “(E).” with “(F); or”
[struck: (E).][inserted: (F); or]Original wording
Page 180, line 22, strike “(E).” and insert “(F); or”.
Change 130: Inserts new text on page 180, line 22
InsertsPrinted pageInserted: (H) at the discretion of the Secretary, a private, not-for-profit, 2-year institution of higher education in Puerto Rico, the District of Columbia, Guam, the United States Virgin Islands, American Samoa, the Commonwealth of the Northern Mariana Islands, the Republic of the Marshall Islands, the Federated States of Micronesia, or the Republic of Palau.
Original wording
Page 180, after line 22, insert the following:
Change 131: Inserts new text on page 182, line 6
InsertsPrinted pageInserted: (12) Tribal college or university.--The term "Tribal College or University" has the meaning given such term in section 316 of the Higher Education Act of 1965 (20 U.S.C. 1059c).
Original wording
Page 182, after line 6, insert the following:
Change 132: Strikes subsection (b)
Removes subsection (b) of the printed bill. See that page
Original wording
Page 182, beginning on line 7, strike subsection (b).
Change 133: Replaces “(D)” with “(E)”
[struck: (D)][inserted: (E)]Original wording
Page 183, line 8, strike “(D)” and insert “(E)”.
Change 134: Inserts “specific” after “same”
…same[inserted: specific]…
Original wording
Page 184, line 9, after “same” insert “specific”.
Change 135: Inserts “grant” after “Federal”
…Federal[inserted: grant]…
Original wording
Page 184, line 10, after “Federal” insert “grant”.
Change 136: Strikes “or”
Struck: or
Original wording
Page 185, line 20, strike “or”.
Change 137: Replaces the period on page 185, line 24 with “; or”
ReplacesPrinted page…
[struck: .][inserted: ; or]Original wording
Page 185, line 24, strike the period and insert “; or”.
Change 138: Inserts new text on page 185, line 24
InsertsPrinted pageInserted: (3) are focused on serving low-income, nontraditional students (as defined in section 803(j) of the Higher Education Act of 1965 (20 U.S.C. 1161c(j))), who do not have a bachelor's degree.
Original wording
Page 185, after line 24, insert the following:
Change 139: Inserts new text on page 187, line 6
InsertsPrinted pageInserted: (4) Exception.--This subsection shall not apply to Tribal Colleges and Universities.
Original wording
Page 187, after line 6, insert the following:
Change 140: Strikes “and”
Struck: and
Original wording
Page 188, line 19, strike “and”
Change 141: Replaces the period on page 188, line 22 with “; and”
ReplacesPrinted page…
[struck: .][inserted: ; and]Original wording
Page 188, line 22, strike the period and insert “; and”.
Change 142: Inserts new text on page 188, line 22
InsertsPrinted pageInserted: (10) how the eligible entity will incorporate and support faculty and staff of the institution in meeting the goals of such programs, services, and policies.
Original wording
Page 188, after line 22, insert the following:
Change 143: Replaces “(D)” with “(E)”
[struck: (D)][inserted: (E)]Original wording
Page 189, line 6, strike “(D)” and insert “(E)”.
Change 144: Strikes “and”
Struck: and
Original wording
Page 190, line 3, strike “and”.
Change 145: Replaces the period on page 190, line 6 with “; and”
ReplacesPrinted page…
[struck: .][inserted: ; and]Original wording
Page 190, line 6, strike the period and insert “; and”.
Change 146: Inserts new text on page 190, line 6
InsertsPrinted pageInserted: (D) library services, including information literacy activities, to--
Inserted: (i) help increase postsecondary degree, certificate, and industry-recognized credential completion rates, particularly with respect to groups underrepresented in higher education; and
Inserted: (ii) assist individuals with obtaining and retaining employment.
Original wording
Page 190, after line 6, insert the following:
Change 147: Inserts “, information literacy,” after “skills”
…skills[inserted: , information literacy,]…
Original wording
Page 190, line 11, insert “, information literacy,” after “skills”.
Change 148: Replaces “(D)” with “(E)”
[struck: (D)][inserted: (E)]Original wording
Page 191, line 5, strike “(D)” and insert “(E)”.
Change 149: Replaces “(D)” with “(E)”
[struck: (D)][inserted: (E)]Original wording
Page 191, line 13, strike “(D)” and insert “(E)”.
Change 150: Replaces “Improving the timeliness of the process for creating” with “Creating, in a timely and efficient manner,”
[struck: Improving the timeliness of the process for creating][inserted: Creating, in a timely and efficient manner,]Original wording
Page 191, beginning on line 17, strike “Improving the timeliness of the process for creating” and insert “Creating, in a timely and efficient manner,”.
Change 151: Replaces “(D)” with “(E)”
[struck: (D)][inserted: (E)]Original wording
Page 191, line 20, strike “(D)” and insert “(E)”.
Change 152: Inserts new text on page 192, line 2
InsertsPrinted pageInserted: (8) Providing information technology training for students and members of the public seeking to improve their computer literacy and information technology skills through public accessibility to--
Inserted: (A) community college computer labs; and
Inserted: (B) information technology training provided on weeknights and weekends by an employee of a community college who is capable of basic computer instruction.
Original wording
Page 192, after line 2, insert the following:
Change 153: Replaces “applicable)” with “applicable to the institution's use of funds provided under this section)”
[struck: applicable)][inserted: applicable to the institution's use of funds provided under this section)]Original wording
Page 192, lines 6 and 7, strike “applicable)” and insert “applicable to the institution's use of funds provided under this section)”.
Change 154: Replaces “subsection (e)” with “subsection (f)”
[struck: subsection (e)][inserted: subsection (f)]Original wording
Page 196, line 5, strike “subsection (e)” and insert “subsection (f)”.
Change 155: Replaces “subsection (g)” with “subsection (h)”
[struck: subsection (g)][inserted: subsection (h)]Original wording
Page 196, beginning on line 25, strike “subsection (g)” and insert “subsection (h)”.
Change 156: Inserts new text on page 197, line 3
InsertsPrinted pageInserted: (d) Priority.--In awarding grants under this section, the Secretary shall give priority to applications focused on serving low-income, nontraditional students (as defined in section 803(j) of the Higher Education Act of 1965 (20 U.S.C. 1161c(j))), who do not have a bachelor's degree.
Original wording
Page 197, after line 3, insert the following:
Change 157: Renumbers subsection (d) as (e)
Original wording
Page 197, line 4, redesignate subsection (d) as subsection (e).
Change 158: Replaces “subsection (f)” with “subsection (g)”
[struck: subsection (f)][inserted: subsection (g)]Original wording
Page 197, line 9, strike “subsection (f)” and insert “subsection (g)”.
Change 159: Replaces “subsection (f)” with “subsection (g)”
[struck: subsection (f)][inserted: subsection (g)]Original wording
Page 197, line 14, strike “subsection (f)” and insert “subsection (g)”.
Change 160: Renumbers subsection (e) as (f)
Original wording
Page 198, line 7, redesignate subsection (e) as subsection (f).
Change 161: Replaces “subsection (f)” with “subsection (g)”
[struck: subsection (f)][inserted: subsection (g)]Original wording
Page 198, line 13, strike “subsection (f)” and insert “subsection (g)”.
Change 162: Replaces “subsection (g)” with “subsection (h)”
[struck: subsection (g)][inserted: subsection (h)]Original wording
Page 198, line 23, strike “subsection (g)” and insert “subsection (h)”.
Change 163: Renumbers subsection (f) as (g)
Original wording
Page 199, line 20, redesignate subsection (f) as subsection (g).
Change 164: Renumbers subsection (g) as (h)
Original wording
Page 200, line 4, redesignate subsection (g) as subsection (h).
Change 165: Replaces “section 503(f)(1)” with “section 503(g)(1)”
[struck: section 503(f)(1)][inserted: section 503(g)(1)]Original wording
Page 200, line 8, strike “section 503(f)(1)” and insert “section 503(g)(1)”.
Change 166: Renumbers subsection (h) as (i)
Original wording
Page 200, line 13, redesignate subsection (h) as subsection (i).
Change 167: Replaces “subsection (g)” with “subsection (h)”
[struck: subsection (g)][inserted: subsection (h)]Original wording
Page 200, line 22, strike “subsection (g)” and insert “subsection (h)”.
Change 168: Renumbers subsection (i) as (k)
Original wording
Page 201, line 6, redesignate subsection (i) as subsection (k).
Change 169: Replaces “will” with “should”
[struck: will][inserted: should]Original wording
Page 201, line 15, strike “will” and insert “should”.
Change 170: Replaces “will” with “should”
[struck: will][inserted: should]Original wording
Page 201, line 18, strike “will” and insert “should”.
Change 171: Replaces “training, high school courses, and postsecondary education courses” with “courses, including instructional materials, for training and postsecondary education read…”
[struck: training, high school courses, and postsecondary education courses][inserted: courses, including instructional materials, for training and postsecondary education readiness and success]Original wording
Page 202, beginning on line 2, strike “training, high school courses, and postsecondary education courses” and insert “courses, including instructional materials, for training and postsecondary education readiness and success”.
Change 172: Inserts “faculty,” after “students,”
…students,[inserted: faculty,]…
Original wording
Page 203, line 9, insert “faculty,” after “students,”.
Change 173: Inserts new text on page 209, line 2
InsertsPrinted pageInserted: (d) Evaluation.--From the amounts appropriated to carry out this section, the Secretary shall, not later than 30 days after the date of the enactment of this Act, allocate not less than $1,000,000 for the contract with, and report by, the National Research Council required under section 1107(c)(2) of the Higher Education Opportunity Act (Public Law 110-315).
Inserted: (e) Model to Determine Credit Transferability.--From the amounts appropriated to carry out this section, the Secretary may develop a model, which leverages existing technologies if appropriate, of a service that enables students to determine the transferability of credits between institutions of higher education voluntarily participating in such service.
Original wording
Page 209, after line 2, insert the following:
Change 174: Renumbers subsection (d) as (f)
Original wording
Page 209, line 3, redesignate subsection (d) as subsection (f).
Shown as written
Page 15, line 8, strike the quotation marks and the second period.
Page 25, line 5, before the semicolon insert “, in accordance with such section”.
after “318(e)”.
after “such section”.
after “section 480)”.
Page 59, line 16, through page 60, line 3, strike paragraph (1) and insert the following:
after “2010”.
after “428C”.
Page 65, line 23, through page 66, line 13, strike subclause (III) and insert the following:
Page 74, strike “may take” on line 12 through “the servicer.” on line 13, and insert “shall set such rate so that (i) the rate is commercially reasonable in relation to the volume of loans being serviced by the eligible not-for-profit servicers, and (ii) in the Secretary's judgment, the eligible not-for-profit servicers can reasonably provide any additional services, such as default aversion or outreach, provided for in the contracts awarded under this paragraph.”.
after the second semicolon and insert “and”.
after the semicolon.
Conform the Table of Contents accordingly.
Read automatically from the Congressional Record. Check the original before relying on it.
As printed
Page 11, after line 21, insert the following new subsection (and redesignate the succeeding subsection accordingly):
(b) Multiple Pell Grant Awards.--Section 401(b)(5) (20 U.S.C. 1070a(b)(5)) is amended--
(1) in subparagraph (A)--
(A) by inserting “who is making satisfactory academic progress according to the institution's standards” after “award a student”; and
(B) by striking “to permit such student to accelerate the student's progress toward a degree or certificate” and inserting “to permit such student to accelerate the student's graduation date, whether making full- or part-time progress toward a degree or certificate,”; and
(2) by adding at the end the following new subparagraph:
“(C) A student may not receive a combination of first and second scheduled award funds under this paragraph that exceeds the amount the student would otherwise be eligible to receive for the payment period.”.
Page 11, line 22, redesignate subsection (b) as subsection (c).
Page 13, line 10, redesignate subsection (c) as subsection (d).
Page 13, line 11, strike “(a) and (b)” and insert “(a) and (c)”.
Page 12, line 17, strike “483(e)(3)(ii)” and insert “483(e)(3)(A)(ii)”.
Page 15, line 8, strike the quotation marks and the second period.
Page 15, after line 8, insert the following:
“(3) Expiration of authority.--The authority to award grants under this part shall expire at the end of fiscal year 2014.”.
Page 19, line 6, strike “two-year and four-year” and insert “public two-year and public four-year”.
Page 19, line 10, insert “in consultation with faculty from participating institutions” after “institutions”.
Page 21, line 4, strike “polices” and insert “practices”.
Page 21, lines 7 through 9, strike “for all categories” and all that follows through “in the State”.
Page 21, line 13, insert “and” after the semicolon.
Page 21, beginning on line 14, strike clause (iv).
Page 21, line 20, strike “(v)” and insert “(iv)”.
Page 23, beginning on line 5, strike paragraph (3) and insert the following:
“(3) Subgrants to nonprofit organizations.--
“(A) In general.--A State receiving a payment under this section may elect to make a subgrant to one or more nonprofit organizations in the State, or a partnership of such organizations, to carry out activities and services described in subsection (d)(1), if the nonprofit organization or partnership--
“(i) was in existence on the day before the date of the enactment of the Student Aid and Fiscal Responsibility Act of 2009; and
“(ii) as of such day, was participating in activities and services related to promoting persistence in, and completion of, postsecondary education, such as the activities and services described in subsection (d)(1).
“(B) Nonprofit organizations.--For the purposes of this section, nonprofit organizations in a State include--
“(i) agencies with agreements with the Secretary under subsections (b) and (c) of section 428 on the date of the enactment of the Student Aid and Fiscal Responsibility Act of 2009;
“(ii) nonprofit subsidiaries of agencies described in clause (i), if such subsidiaries were established, pursuant to the law of such State, on or before January 1, 1998; and
“(iii) eligible not-for-profit servicers, as defined in section 456(d), with an agreement with the Secretary under subsection (a)(3) of section 456, except that such a servicer shall only be eligible for a subgrant from the State for which the servicer is receiving an allocation under such agreement.
Page 24, after line 9, insert the following:
“(C) A nonprofit subsidiary of agencies described in subparagraph (B), if such subsidiary was established, pursuant to the law of such State, on or before January 1, 1998.
Page 25, line 3, strike “and”.
Page 25, after line 5, insert the following:
“(vi) assisting institutions of higher education institute programs of persistence focused on students at risk of not completing; and
Page 25, line 5, before the semicolon insert “, in accordance with such section”.
Page 27, beginning on line 1, strike “, at the appropriate stage of development of the partnership”.
Page 27, line 8, strike “central labor coalitions” and insert “trade unions or consortia of trade unions”.
Page 28, beginning on line 17, strike paragraph (3) and insert the following:
“(3) nonprofit organizations with demonstrated experience in the support, improvement, or operation of programs to increase postsecondary completion, including--
“(A) agencies with agreements with the Secretary under subsections (b) and (c) of section 428 on the date of the enactment of the Student Aid and Fiscal Responsibility Act of 2009;
“(B) nonprofit subsidiaries of agencies described in subparagraph (A), if such subsidiaries were established, pursuant to State law, on or before January 1, 1998; and
“(C) eligible not-for-profit servicers, as defined in section 456(d), with an agreement with the Secretary under subsection (a)(3) of section 456, except that such a servicer shall only be eligible for a subgrant from the State for which the servicer is receiving an allocation under such agreement;
Page 33, beginning on line 14, strike section 785 and insert the following:
“SEC. 785. PARTICIPATION OF PRIVATE, NONPROFIT INSTITUTIONS OF HIGHER EDUCATION.
“(a) Voluntary Participation.--A private, nonprofit institution of higher education may voluntarily elect to participate in a State's efforts under this part to increase postsecondary enrollment, persistence, and completion. A State--
“(1) shall not require any private, nonprofit institution to participate in such efforts; and
“(2) may require such an institution that voluntarily elects to participate in such efforts to provide appropriate information to allow the State to assess the institution's progress towards the goals described in subclauses (I) and (II) of section 782(c)(2)(A)(i).
“(b) Rule of Construction.--Nothing in this part, including voluntary participation described in subsection (a), shall be construed to--
“(1) authorize the Secretary, a State, or an officer or employee of the Department or of a State to exercise any direction, supervision, or control other than that is currently granted over a private, nonprofit institution of higher education, including control over curriculum, program of instruction, administration, governance, personnel, articulation, the awarding of credit, graduation or degree requirements, or admissions;
“(2) authorize the Secretary, a State, or an officer or employee of the Department or of a State to require a private, nonprofit institution of higher education to participate in a longitudinal data system; or
“(3) limit the application of the General Education Provisions Act.
“(c) Enforcement.--If any State fails or refuses to comply with any provision of this section, the State shall no longer be eligible for assistance under this part.”.
Page 36, line 21, strike “2019.” and insert “2019. The authority to award grants under this section shall expire at the end of fiscal year 2019.”.
Page 38, line 4, insert a period after “318(e)”.
Page 38, line 25, insert a period after “such section”.
Page 39, line 8, after the period insert “The authority to award grants under part N of title VIII of such Act shall expire at the end of fiscal year 2010.”.
Page 40, beginning on line 13, strike “awarded to the student under” and insert “first disbursed to the student before July 1, 2010, under”.
Page 41, line 3, strike “awarded” and insert “disbursed”.
Page 41, strike lines 4 through 9 and insert “student under part D (including a Federal Direct PLUS loan disbursed to a parent on behalf of the student), or first disbursed to the student under part E before July 1, 2010, for such payment period or period of enrollment; minus”.
Page 43, line 16, strike “when such student returns from such service” and insert “upon termination of the deployment of such student for such service”.
Page 43, beginning on line 17, amend section 106 to read as follows:
SEC. 106. VETERANS RESOURCE OFFICER GRANTS.
Section 873 (20 U.S.C. 1161t) is amended--
(1) by amending the header to read as follows: “MODEL PROGRAMS FOR CENTERS OF EXCELLENCE FOR VETERAN STUDENT SUCCESS; VETERANS RESOURCE OFFICERS”;
(2) in subsection (a), by inserting “, or the hiring of Veterans Resource Officers,” after “model programs”;
(3) by amending subsection (b) to read as follows:
“(b) Grant Authorized.--
“(1) In general.--Subject to the availability of appropriations under subsection (f), the Secretary shall award grants to institutions of higher education to--
“(A) develop model programs to support veteran student success in postsecondary education; or
“(B) hire a Veterans Resource Officer to increase the college completion rates for veteran students enrolled at such institutions of higher education.
“(2) Grant period.--A grant awarded under this section shall be awarded for a period of 3 years.”; and
(4) in subsection (c)--
(A) in paragraph (1)--
(i) by amending the header to read as follows: “Model program required activities”; and
(ii) in the matter preceding subparagraph (A), by striking “under this section” and inserting “for the purpose described in subsection (b)(1)(A)”;
(B) by redesignating paragraph (2) as paragraph (3); and
(C) by inserting after paragraph (1) the following:
“(2) Veterans resource officer required activities.--An institution of higher education receiving a grant for the purpose described in subsection (b)(1)(B) shall use such grant to hire a Veterans Resource Officer whose duties shall include--
“(A) serving as a liaison between--
“(i) veteran students;
“(ii) the faculty and staff of the institution; and
“(iii) local facilities of the Department of Veterans Affairs;
“(B) organizing and advising veteran student organizations and hosting veterans-oriented group functions on campus;
“(C) distributing news and information to all veteran students, including through maintaining newsletters and listserves; and
“(D) assisting in the training of Department of Veterans Affairs certifying officials, when applicable.”.
Page 47, after line 6, insert the following new sections:
SEC. 107. OFFICER DANIEL FAULKNER CHILDREN OF FALLEN HEROES SCHOLARSHIP.
(a) Short Title.--This section may be cited as the “Officer Daniel Faulkner Children of Fallen Heroes Scholarship Act of 2009”.
(b) Calculation of Eligibility.--Section 473(b) (20 U.S.C. 1087mm(b)(2)) is amended--
(1) in paragraph (2)--
(A) in the matter preceding subparagraph (A), by inserting “(in the case of a student who meets the requirement of subparagraph (B)(i)), or academic year 2010-2011 (in the case of a student who meets the requirement of subparagraph (B)(ii)),” after “academic year 2009-2010”; and
(B) by amending subparagraph (B) to read as follows:
“(B) whose parent or guardian was--
“(i) a member of the Armed Forces of the United States and died as a result of performing military service in Iraq or Afghanistan after September 11, 2001; or
“(ii) was actively serving as a public safety officer and died in the line of duty while performing as a public safety officer; and”;
(2) in paragraph (3)--
(A) by striking “Notwithstanding” and inserting the following:
“(A) Armed forces.--Notwithstanding”;
(B) by striking “paragraph (2)” and inserting “subparagraphs (A), (B)(i), and (C) of paragraph (2)”; and
(C) by adding at the end the following:
“(B) Public safety officers.--Notwithstanding any other provision of law, unless the Secretary establishes an alternate method to adjust the expected family contribution, a financial aid administrator shall adjust the expected family contribution in accordance with this subsection for each student who meets the requirements of subparagraphs (A), (B)(ii), and (C) of paragraph (2).”; and
(3) by adding at the end the following:
“(4) Treatment of pell amount.--Notwithstanding section 1212 of the Omnibus Crime Control and Safe Streets Act of 1968, in the case of a student who receives an increased Federal Pell Grant amount under this section, the total amount of such Federal Pell Grant, including the increase under subparagraph (A), shall not be considered in calculating that student's educational assistance benefits under the Public Safety Officer's Benefits program.
“(5) Definitions.--For purposes of this subsection--
“(A) the term ‘public safety officer' means an individual serving a public agency in an official capacity, with or without compensation, as a law enforcement officer, as a firefighter, or as a member of a rescue squad or ambulance crew;
“(B) the term ‘law enforcement officer' means an individual who--
“(i) is authorized by law to engage in or supervise the prevention, detection, investigation, or prosecution of, or the incarceration of any person for, any violation of law; and
“(ii) has statutory powers of arrest or apprehension;
“(C) the term ‘firefighter' means an individual who is trained in the suppression of fire or hazardous-materials response and has the legal authority to engage in these duties;
“(D) the term ‘member of a rescue squad or ambulance crew' means an individual who is an officially recognized or designated public employee member of a rescue squad or ambulance crew; and
“(E) the term ‘public agency' means the United States, any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands of the United States, Guam, American Samoa, the Trust Territory of the Pacific Islands, the Commonwealth of the Northern Mariana Islands, any territory or possession of the United States, or any unit of local government, department, agency, or instrumentality of any of the foregoing, and the Amtrak Police and Federal Reserve Police departments.”.
SEC. 108. TEACHER EXCELLENCE.
(a) Establishment.--The Secretary of Education may make grants to local educational agencies for the purpose of improving teacher excellence in public elementary and secondary schools.
(b) Use of Funds.--Grants under this section shall be used for the establishment, expansion, or improvement of--
(1) professional development activities that are aligned to the curriculum and student academic needs;
(2) mentoring and induction programs for new teachers and principals; or
(3) career ladders that allow teachers to take on new professional roles, such as career teachers, mentor teachers, and master teachers.
(c) Application.--A local educational agency desiring a grant under this section shall submit to the Secretary of Education an application at such time, in such manner, and accompanied by such information as the Secretary may reasonably require.
(d) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section such sums as may be necessary for fiscal year 2010 and each of the 5 succeeding fiscal years.
Page 48, lines 1 and 2, strike “Grant, a Federal Direct Stafford Loan, or work assistance under” and insert “Grant or a Federal Direct Stafford Loan under”.
Page 50, line 20, insert a period after “section 480)”.
Page 57, line 2, insert “the” after “enactment of”.
Page 59, line 16, through page 60, line 3, strike paragraph (1) and insert the following:
(1) in subsection (a)(4)(A), by inserting “, and first disbursed before July 1, 2010” after “under this part”;
Page 62, line 7, strike the comma after “2010”.
Page 62, line 3, strike the comma after “428C”.
Page 65, line 7, strike “; and” and insert “; or”.
Page 65, line 15, after “loan” insert “(or, if the holder acts as eligible lender trustee for the beneficial owner of the loan, the beneficial owner of the loan),”.
Page 65, line 23, through page 66, line 13, strike subclause (III) and insert the following:
“(III) Terms of waiver.--
“(aa) In general.--A waiver pursuant to subclause (II)(bb) shall be in a form (printed or electronic) prescribed by the Secretary, and shall be applicable to--
“(AA) all loans described in such subclause that the lender holds solely in its own right under any lender identification number associated with the holder (pursuant to section 487B);
“(BB) all loans described in such subclause for which the beneficial owner has the authority to make an election of a waiver under such subclause, regardless of the lender identification number associated with the loan or the lender that holds the loan as eligible lender trustee on behalf of such beneficial owner; and
“(CC) all future calculations of the special allowance on loans that, on the date of such waiver, are loans described in subitem (AA) or (BB), or that, after such date, become loans described in subitem (AA) or (BB).
“(bb) Exceptions.--Any waiver pursuant to subclause (II)(bb) that is elected for loans described in subitem (AA) or (BB) of item (aa) shall not apply to any loan described in such subitem for which the lender or beneficial owner of the loan demonstrates to the satisfaction of the Secretary that--
“(AA) in accordance with an agreement entered into before the date of enactment of the Student Aid and Fiscal Responsibility Act of 2009 by which such lender or owner is governed and that applies to such loans, such lender or owner is not legally permitted to make an election of such waiver with respect to such loans without the approval of one or more third parties with an interest in the loans, and that the lender or owner followed all available options under such agreement to obtain such approval, and was unable to do so; or
“(BB) such lender or beneficial owner presented the proposal of electing such a waiver applicable to such loans associated with an obligation rated by a nationally recognized statistical rating organization (as defined in section 3(a)(62) of the Securities Exchange Act of 1934), and such rating organization provided a written opinion that the agency would downgrade the rating applicable to such obligation if the lender or owner elected such a waiver.”.
Page 66, line 18, after “any loan” insert “in which the Secretary has purchased a participation interest and”.
Page 66, beginning on line 21, strike “and that is held” and all that follows through “the Secretary” on line 23.
Page 69, beginning on line 15, strike paragraph (2) and insert the following:
(2) Effective date.--The amendments made by subparagraph (C) of paragraph (1) shall be effective as if enacted as part of section 102(a)(1) of the Higher Education Opportunity Act, in accordance with section 102(e) of such Act, as amended by section 101(a)(2) of Public Law 111-39.
Page 71, line 24, insert “located in the United States” before “at which”.
Page 72, line 7, insert “(employed in the United States)” after “employees”.
Page 72, line 20, after “2009,” insert “nonprofit subsidiaries of such an agency,”.
Page 72, line 21, after “agencies” insert “, subsidiaries,”.
Page 72, line 24, after “agencies” insert “, subsidiaries,”.
Page 73, line 5, strike “State agencies, and” and insert “agencies, subsidiaries, and”.
Page 73, line 9, strike “State agencies and” and insert “such agencies, subsidiaries, and”.
Page 73, line 10, strike “such”.
Page 74, line 1, strike “one or more” and insert “at least one”.
Page 74, strike “may take” on line 12 through “the servicer.” on line 13, and insert “shall set such rate so that (i) the rate is commercially reasonable in relation to the volume of loans being serviced by the eligible not-for-profit servicers, and (ii) in the Secretary's judgment, the eligible not-for-profit servicers can reasonably provide any additional services, such as default aversion or outreach, provided for in the contracts awarded under this paragraph.”.
Page 74, beginning on line 22, strike “on an annual basis” and insert “each year”.
Page 75, line 13, strike “on an annual basis” and insert “each year”.
Page 76, beginning on line 9, strike subparagraph (C) and insert the following:
“(C) Loan servicing retention.--
“(i) In general.--In addition to any new loans allocated to a servicers under subparagraph (B)(ii), an eligible not-for-profit servicer shall retain the servicing of loans allocated to such servicer in previous years, except as provided in clause (ii), or as otherwise provided for in accordance with the terms of a contract under this paragraph.
“(ii) Transfers for multiple loans.--Notwithstanding clause (i) and the allocations required by subparagraph (B), the Secretary may transfer loans among servicers who are awarded contracts to service loans pursuant to this section to ensure that the loans of any single borrower remain with a single servicer.
Page 76, line 17, strike “3 years” and insert “5 years”.
Page 77, beginning on line 14, strike “, including due diligence activities required pursuant to regulations”.
Page 77, beginning on line 16, strike paragraph (2) and insert the following:
“(2) Eligible not-for-profit servicer.--
“(A) In general.--The term ‘eligible not-for-profit servicer' means an entity--
“(i) that is not owned or controlled in whole or in part by--
“(I) a for profit entity; or
“(II) a nonprofit entity having its principal place of business in another State; and
“(ii) that--
“(I) as of July 1, 2009--
“(aa) meets the definition of an eligible not-for-profit holder under section 435(p), except that such term does not include eligible lenders described in paragraph (1)(D) of such section; and
“(bb) was performing, or had entered into a contract with a third party servicer (as such term is defined in section 481(c)) who was performing, student loan servicing functions for loans made under part B of this title;
“(II) notwithstanding subclause (I), as of July 1, 2009--
“(aa) is the sole beneficial owner of a loan for which the special allowance rate is calculated under section 438(b)(2)(I)(vi)(II) because the loan is held by an eligible lender trustee that is an eligible not-for-profit holder as defined under section 435(p)(1)(D); and
“(bb) was performing, or had entered into a contract with a third party servicer (as such term is defined in section 481(c)) who was performing, student loan servicing functions for loans made under part B of this title; or
“(III) is an affiliated entity of an eligible not-for-profit servicer described in subclause (I) or (II) that--
“(aa) directly employs, or will directly employ (on or before the date the entity begins servicing loans under a contract awarded by the Secretary pursuant to subsection (a)(3)(A)), the majority of individuals who perform borrower-specific student loan servicing functions; and
“(bb) as of July 1, 2009, was performing, or had entered into a contract with a third party servicer (as such term is defined in section 481(c)) who was performing, student loan servicing functions for loans made under part B of this title.
“(B) Affiliated entity.--For the purposes of subparagraph (A), the term ‘affiliated entity'--
“(i) means an entity contracted to perform services for an eligible not-for-profit servicer that--
“(I) is a nonprofit entity or is wholly owned by a nonprofit entity; and
“(II) is not owned or controlled, in whole or in part, by--
“(aa) a for-profit entity; or
“(bb) an entity having its principal place of business in another State; and
“(ii) may include an affiliated entity that is established by an eligible not-for-profit servicer after the date of enactment of the Student Aid and Fiscal Responsibility Act of 2009, if such affiliated entity is otherwise described in subparagraph (A)(ii)(III) and clause (i) of this subparagraph.
Page 80, after line 22, insert the following new section:
SEC. 216. TECHNICAL ASSISTANCE TO INSTITUTIONS OF HIGHER EDUCATION.
Section 458(a) (20 U.S.C. 1087h(a)) is amended--
(1) by redesignating paragraph (5) as paragraph (6); and
(2) by inserting after paragraph (4) the following new paragraph:
“(5) Technical assistance to institutions of higher education.--
“(A) Provision of assistance.--The Secretary shall provide institutions of higher education participating, or seeking to participate, in the loan programs under this part with technical assistance in establishing and administering such programs, including assistance for an institution of higher education during such institution's transition into such programs. Such assistance may include technical support, training for personnel, customized assistance to individual institutions of higher education, development of informational materials, and
other services the Secretary determines to be appropriate.
“(B) Funds.--There are--
“(i) authorized to be appropriated, and there are appropriated, to carry out this paragraph (in addition to any other amounts appropriated to carry out this subparagraph and out of any money in the Treasury not otherwise appropriated), $50,000,000 for fiscal year 2010; and
“(ii) authorized to be appropriated such sums as may be necessary to carry out this paragraph for fiscal years 2011 through 2014.”.
Page 84, line 8, insert “(except as provided in paragraphs (3) and (4))” after “as follows”.
Page 85, after line 12, insert the following new paragraphs:
“(3) Required minimum amount.--Notwithstanding paragraph (1), in no case shall the sum of a participating institution's allocation of loan authority computed under subsections (c), (d), and (e) be less than the average of the institution's total principal amount of loans made under this part for each of the academic years 2003-2004 through 2007-2008.
“(4) Additional adjustments.--If the Secretary determines that the sum of a participating institution's allocation of loan authority under subsections (c), (d), and (e) is below the minimum amount required under paragraph (3), the Secretary shall--
“(A) for each institution for which the minimum amount under paragraph (3) is not satisfied, increase the amount of such sum to the amount of the required minimum under such paragraph; and
“(B) ratably reduce the amount of the sum of such loan authority of all participating institutions not described in subparagraph (A).
Page 87, beginning on line 20, strike paragraph (3).
Page 88, beginning on line 1, strike paragraph (4).
Page 96, line 14, insert “in” after “specified”.
Page 97, line 8, strike “(a)”.
Page 105, line 2, strike the period after the second semicolon and insert “and”.
Page 105, strike lines 3 through 20, and insert the following:
(3) in paragraph (2), by adding at the end the following new subparagraph:
“(C) Exception.--Notwithstanding subparagraphs (A) and (B), an institution that fails to meet the requirements of subsection (a)(24) for two consecutive institutional fiscal years, and the second such institutional fiscal year ends after July 1, 2008, and before July 1, 2011, shall not be determined ineligible in accordance with subparagraph (A) unless the institution fails to meet the requirements of subsection (a)(24) for a third consecutive institutional fiscal year.”.
Page 111, line 22, insert “, including life-cycle cost effectiveness,” before “and waste”.
Page 117, beginning on line 7 strike “including, where applicable, early learning facilities, based” and insert “(including early learning facilities, as appropriate), based”.
Page 122, line 11, insert “(including early learning facilities, as appropriate)” after “facilities”.
Page 131, after line 7, insert the following:
(d) Termination.--The authority to establish and maintain the Advisory Council under this section shall expire at the close of September 30, 2011.
Page 132, after line 6, insert the following:
(d) Sunset.--The authority to award grants under this subtitle shall expire at the end of fiscal year 2011.
Page 138, after line 8, insert the following:
“(K) Expansion or building of computer lab facilities, including facilities used to provide information technology training to students and members of the public.”.
Page 138, line 9, redesignate subparagraph (K) as subparagraph (L).
Page 138, line 12, redesignate subparagraph (L) as subparagraph (M).
Page 141, line 1, strike “(f)” and insert “(e)”.
Page 141, line 16, strike “(g)” and insert “(f)”.
Page 141, line 21, strike “(h)” and insert “(g)”.
Page 143, line 10, strike “(i)” and insert “(h)”.
Page 143, strike line 15, and insert the following: “year 2010, which shall remain available until expended. The authority to award grants under this section shall expire at the end of fiscal year 2010.”.
Page 144, line 7, strike “, and improve” and insert “and”.
Page 146, line 8, after “children” insert “, including programs receiving funds under section 611(h)(4) and 643(b) of the Individuals with Disabilities Education Act (20 U.S.C. 1411(h)(4); 1443(b))”.
Page 146, beginning on line 23, strike “determined by the Secretary to qualify for receipt of” and insert “with an approved application for”.
Page 148, line 10, after the semicolon, insert “and”.
Page 148, strike lines 11 through 14.
Page 148, line 15, strike “(3)” and insert “(2)”.
Page 151, line 18, strike “and” at the end.
Page 151, line 22, strike the period at the end and insert “; and”.
Page 151, after line 22, insert the following:
(E) committing State resources for supporting early learning programs and services.
Page 154, line 24, strike “, as appropriate,”.
Page 154, line 25, after “standards” insert “, as appropriate,”.
Page 156, line 3, after “including” insert “the”.
Page 156, line 6, strike “providers” and insert “early learning programs”.
Page 157, line 22, before “program” insert “early learning”.
Page 158, line 1, before “disability,” insert “dental, developmental delay and”.
Page 161, after line 20, insert the following:
(14) A description of how the State will implement a process for improving the quality of early learning services to better meet the needs of children who have experienced abuse or neglect, been exposed to violence, toxic stress, parental substance abuse, mental illness, or homelessness, or have had early behavioral and peer relationship problems, including addressing appropriate professional development, programmatic practices, classroom environment, and outreach and support to meet the needs of such children.
Page 161, line 21, redesignate paragraph (14) as paragraph (15).
Page 165, line 5, insert “early learning” before “program”.
Page 165, line 13, before “disability,” insert “dental, developmental delay and”.
Page 167, line 5, strike “services,” and insert “services (or, if the State can demonstrate that it is already meeting the needs of such children in such manner, the State may apply to expand access for disadvantaged children in such manner and the State's application may not be adversely treated due to such request),”.
Page 168, line 16, strike “to” and insert “that”.
Page 168, line 18, strike “allow a State to become eligible and competitive” and insert “improve a State's competitiveness”.
Page 171, line 24, strike “could include determining” and insert “may include”.
Page 172, line 1, after “(i)” insert “examining”.
Page 172, line 4, after “(ii)” insert “examining”.
Page 172, line 6, after “(iii)” insert “examining”.
Page 172, line 9, after “(iv)” insert “examining”.
Page 172, line 12, after “(v)” insert “examining”.
Page 172, line 14, strike “and” at the end.
Page 172, line 15, after “(vi)” insert “examining”.
Page 172, after line 20, insert the following:
(vii) Supporting the development of valid and reliable assessments of young children and program quality, including in domains including language, literacy, mathematics, science, social and emotional development, and approaches to learning, with particular attention to development of assessments of domains for which there are few appropriate assessments, that are--
(I) developmentally, linguistically, and culturally appropriate for the population served, including children with disabilities and children with limited English proficiency;
(II) consistent with relevant, nationally recognized professional and technical standards related to the assessment of young children;
(III) consistent with the guidelines on assessment for improved practice and for accountability in the National Research Council Committee on Developmental Outcomes and Assessments for Young Children; and
Beginning on page 172, strike line 23 through page 173, line 6, and insert the following:
(4) Not later than 18 months after the date of the enactment of this Act, conducting a review of the statewide strategic reports developed by the State Advisory Councils on Early Care and Education (established pursuant to section 642B(b)(1)(A) of the Head Start Act (42 U.S.C. 9837b(b)(1)(A))) and other relevant information (including information reported by States under section 406(b)(9)) to evaluate barriers to increasing access to high-quality early learning programs for low-income children, reporting on the findings of such review, and disseminating relevant findings and best practices.
Page 174, line 12, before “progress” insert “State's”.
Page 174, line 24, strike “providers” and insert “early learning programs”.
Page 175, line 1, strike “providers” and insert “early learning programs”.
Page 175, line 7, strike “proficient” and insert “proficiency”.
Page 175, line 10, after “providers” insert “and early learning programs”.
Page 175, line 18, strike “appropriate”.
Page 177, line 19, after “2017.” insert “The authority to award grants under this title shall expire at the end of fiscal year 2017.”.
Page 178, line 4, after “2019.” insert “The authority to award grants under this title shall expire at the end of fiscal year 2019.”.
Page 179, strike line 7, and insert “In this title:”.
Page 179, line 20, insert “that has at least one articulation agreement with a 4-year institution of higher education” after “district”.
Page 179, line 22, insert “that has at least one articulation agreement with an institution of higher education” after “school”.
Page 180, after line 6, insert the following:
(D) a Tribal College or University;
Page 180, line 7, strike “(D)” and insert “(E)”.
Page 180, lines 9 and 10, strike “or (C)” and insert “(C), or (D)”.
Page 180, line 11, strike “(E)” and insert “(F)”.
Page 180, beginning on line 15, strike clause (ii) and insert the following:
(ii) has established and implemented a comprehensive articulation agreement between or among public institutions of higher education in the State that includes outlining the acceptability of community college courses in transfer for credit at public 4-year institutions in the State; and
Page 180, line 20, strike “or (D); or” and insert “(D), or (E);”.
Page 180, line 21, strike “(F)” and insert “(G)”
Page 180, line 22, strike “(E).” and insert “(F); or”.
Page 180, after line 22, insert the following:
(H) at the discretion of the Secretary, a private, not-for-profit, 2-year institution of higher education in Puerto Rico, the District of Columbia, Guam, the United States Virgin Islands, American Samoa, the Commonwealth of the Northern Mariana Islands, the Republic of the Marshall Islands, the Federated States of Micronesia, or the Republic of Palau.
Page 182, after line 6, insert the following:
(12) Tribal college or university.--The term “Tribal College or University” has the meaning given such term in section 316 of the Higher Education Act of 1965 (20 U.S.C. 1059c).
Page 182, beginning on line 7, strike subsection (b).
Page 183, line 8, strike “(D)” and insert “(E)”.
Page 184, line 9, after “same” insert “specific”.
Page 184, line 10, after “Federal” insert “grant”.
Page 185, line 20, strike “or”.
Page 185, line 24, strike the period and insert “; or”.
Page 185, after line 24, insert the following:
(3) are focused on serving low-income, nontraditional students (as defined in section 803(j) of the Higher Education Act of 1965 (20 U.S.C. 1161c(j))), who do not have a bachelor's degree.
Page 187, after line 6, insert the following:
(4) Exception.--This subsection shall not apply to Tribal Colleges and Universities.
Page 188, line 19, strike “and” after the semicolon.
Page 188, line 22, strike the period and insert “; and”.
Page 188, after line 22, insert the following:
(10) how the eligible entity will incorporate and support faculty and staff of the institution in meeting the goals of such programs, services, and policies.
Page 189, line 6, strike “(D)” and insert “(E)”.
Page 190, line 3, strike “and”.
Page 190, line 6, strike the period and insert “; and”.
Page 190, after line 6, insert the following:
(D) library services, including information literacy activities, to--
(i) help increase postsecondary degree, certificate, and industry-recognized credential completion rates, particularly with respect to groups underrepresented in higher education; and
(ii) assist individuals with obtaining and retaining employment.
Page 190, line 11, insert “, information literacy,” after “skills”.
Page 191, line 5, strike “(D)” and insert “(E)”.
Page 191, line 13, strike “(D)” and insert “(E)”.
Page 191, beginning on line 17, strike “Improving the timeliness of the process for creating” and insert “Creating, in a timely and efficient manner,”.
Page 191, line 20, strike “(D)” and insert “(E)”.
Page 192, after line 2, insert the following:
“(8) Providing information technology training for students and members of the public seeking to improve their computer literacy and information technology skills through public accessibility to--
“(A) community college computer labs; and
“(B) information technology training provided on weeknights and weekends by an employee of a community college who is capable of basic computer instruction.”.
Page 192, lines 6 and 7, strike “applicable)” and insert “applicable to the institution's use of funds provided under this section)”.
Page 196, line 5, strike “subsection (e)” and insert “subsection (f)”.
Page 196, beginning on line 25, strike “subsection (g)” and insert “subsection (h)”.
Page 197, after line 3, insert the following:
(d) Priority.--In awarding grants under this section, the Secretary shall give priority to applications focused on serving low-income, nontraditional students (as defined in section 803(j) of the Higher Education Act of 1965 (20 U.S.C. 1161c(j))), who do not have a bachelor's degree.
Page 197, line 4, redesignate subsection (d) as subsection (e).
Page 197, line 9, strike “subsection (f)” and insert “subsection (g)”.
Page 197, line 14, strike “subsection (f)” and insert “subsection (g)”.
Page 198, line 7, redesignate subsection (e) as subsection (f).
Page 198, line 13, strike “subsection (f)” and insert “subsection (g)”.
Page 198, line 23, strike “subsection (g)” and insert “subsection (h)”.
Page 199, line 20, redesignate subsection (f) as subsection (g).
Page 200, line 4, redesignate subsection (g) as subsection (h).
Page 200, line 8, strike “section 503(f)(1)” and insert “section 503(g)(1)”.
Page 200, line 13, redesignate subsection (h) as subsection (i).
Page 200, line 22, strike “subsection (g)” and insert “subsection (h)”.
Page 201, line 6, redesignate subsection (i) as subsection (k).
Page 201, line 15, strike “will” and insert “should”.
Page 201, line 18, strike “will” and insert “should”.
Page 202, beginning on line 2, strike “training, high school courses, and postsecondary education courses” and insert “courses, including instructional materials, for training and postsecondary education readiness and success”.
Page 203, line 9, insert “faculty,” after “students,”.
Page 209, after line 2, insert the following:
(d) Evaluation.--From the amounts appropriated to carry out this section, the Secretary shall, not later than 30 days after the date of the enactment of this Act, allocate not less than $1,000,000 for the contract with, and report by, the National Research Council required under section 1107(c)(2) of the Higher Education Opportunity Act (Public Law 110-315).
(e) Model to Determine Credit Transferability.--From the amounts appropriated to carry out this section, the Secretary may develop a model, which leverages existing technologies if appropriate, of a service that enables students to determine the transferability of credits between institutions of higher education voluntarily participating in such service.
Page 209, line 3, redesignate subsection (d) as subsection (f).
Conform the Table of Contents accordingly.
Legislative Activity
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House amendment offered
September 16, 2009
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House amendment offered
September 16, 2009
House amendment offered/reported by : Amendment (A001) offered by Mr. Miller, George.(consideration: CR H9624-9630; text: CR H9624-9628)
September 16, 2009 • 5:42 PM
House amendment agreed to: On agreeing to the Miller, George amendment (A001) Agreed to by voice vote.
September 16, 2009 • 6:00 PM
Amendment agreed to Committee of the Whole
September 16, 2009 • 6:00 PM
Amendment (A001) offered by Mr. Miller, George. (consideration: CR H9624-9630; text: CR H9624-9628)
September 16, 2009 • 5:42 PM
On agreeing to the Miller, George amendment (A001) Agreed to by voice vote.
September 16, 2009 • 6:00 PM