Higher Education Amendments of 2005
Legislative Activity
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By Senator Enzi from Committee on Health, Education, Labor, and Pensions filed written report. Report No. 109-218.
February 28, 2006
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Introduced in Senate
September 6, 2005
Sponsor introductory remarks on measure. (CR S9648-9649)
September 6, 2005
Read twice and referred to the Committee on Health, Education, Labor, and Pensions. (text of measure as introduced: CR S9649-9690)
September 6, 2005
Committee on Health, Education, Labor, and Pensions. Ordered to be reported with an amendment in the nature of a substitute favorably.
September 8, 2005
Committee on Health, Education, Labor, and Pensions. Reported by Senator Enzi with an amendment in the nature of a substitute. Without written report.
November 17, 2005
Placed on Senate Legislative Calendar under General Orders. Calendar No. 300.
November 17, 2005
By Senator Enzi from Committee on Health, Education, Labor, and Pensions filed written report. Report No. 109-218.
February 28, 2006
Floor Debate
12 membersWhat members said about S. 1614 on the floor




+7
Floor Debate
12 membersWhat members said about S. 1614 on the floor
Mr. President, I ask unanimous consent that the order for the quorum call be rescinded. Mr. President, in a moment I will request unanimous consent that the Senate pass S. 2823, the Ryan White…
I thank the chair. Mental Health Parity Act Mr. President, in just a few weeks while we are in recess, we will mark the fourth anniversary of the untimely death of our former colleague from…
I ask unanimous consent to speak as in morning business. Mr. President, I thank the Senator from New Mexico. He is overly generous. I learned as a staff aide in the Senate that if an idea has many…
Mr. President, I suggest the absence of a quorum. Mr. President, I ask unanimous consent that the order for the quorum call be rescinded. Mr. President, as we wind down this legislative session in…
Mr. President, this is, plain and simple, about whether this Senate is going to allow legislation to go forward to reauthorize Ryan White, that allows the funding to follow the patients. What an…
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Mr. President, I ask unanimous consent that the order for the quorum call be dispensed with. Mr. President, earlier today, my colleague, Senator Durbin of Illinois, took the floor to describe a…
Mr. President, I thank and commend my friend and colleague, the assistant Democratic leader from Illinois, Senator Durbin, for submitting the Senate resolution honoring the memory of the late Senator…
Mr. President, I rise today to join my chairman, Senator Enzi, in the introduction of a bill that will bring much needed relief to students and families struggling to pay for college. We plan to…
Mr. President, I rise today to join my chairman, Senator Enzi, in the introduction of a bill that will bring much needed relief to students and families struggling to pay for college. We plan to…
Mr. President, by objecting to moving this bill, we need to look at the real lives that are getting ready to be harmed. Not only is the funding for the program going to be cut to the poorest of the…
Mr. President, I rise today to introduce the Higher Education Amendments of 2005. Education beyond high school and lifelong education opportunities are vital if we are to retain our competitive edge…
Mr. President, I rise today to introduce the Higher Education Amendments of 2005. Education beyond high school and lifelong education opportunities are vital if we are to retain our competitive edge…
Mr. President, I am pleased to be joined by my colleague Senator Harkin to introduce legislation today that would extend the termination date for mandatory price reporting. Due in large part to…
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Mr. President, I ask unanimous consent I have 2 minutes as in morning business. Mr. President, I note that the distinguished Senator from Tennessee, Senator Lamar Alexander, is in the Chamber. I am…
Mr. President, I thank my colleague from Illinois for submitting this resolution both on the legacy of Paul Wellstone and, in particular, focusing on this issue of mental health parity. Paul…
Bill Text
2 versions available
[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 1614 Reported in Senate (RS)]
Calendar No. 300
109th CONGRESS
1st Session
S. 1614
To extend the authorization of programs under the Higher Education Act
of 1965, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
September 6, 2005
Mr. Enzi (for himself and Mr. Kennedy) introduced the following bill;
which was read twice and referred to the Committee on Health,
Education, Labor, and Pensions
November 17, 2005
Reported by Mr. Enzi, with an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]
_______________________________________________________________________
A BILL
To extend the authorization of programs under the Higher Education Act
of 1965, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
<DELETED>SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.</DELETED>
<DELETED> (a) Short Title.--This Act may be cited as the ``Higher
Education Amendments of 2005''.</DELETED>
<DELETED> (b) Table of Contents.--The table of contents for this Act
is as follows:</DELETED>
Sec. 1. Short title and table of contents.
Sec. 2. References.
Sec. 3. General effective date.
TITLE I--GENERAL PROVISIONS
Sec. 101. Additional definitions.
Sec. 102. General definition of institution of higher education.
Sec. 103. Definition of institution of higher education for purposes of
title IV programs.
Sec. 104. Protection of student speech and association rights.
Sec. 105. National Advisory Committee on Institutional Quality and
Integrity.
Sec. 106. Drug and alcohol abuse prevention.
Sec. 107. Prior rights and obligations.
Sec. 108. Cost of higher education.
Sec. 109. Performance-based organization for the delivery of Federal
student financial assistance.
Sec. 110. Procurement flexibility.
TITLE II--TEACHER QUALITY ENHANCEMENT
Sec. 201. Teacher quality enhancement grants for States and
partnerships.
TITLE III--INSTITUTIONAL AID
Sec. 301. Program purpose.
Sec. 302. Definitions; eligibility.
Sec. 303. American Indian tribally controlled colleges and
universities.
Sec. 304. Alaska native and native Hawaiian-serving institutions.
Sec. 305. Native American-serving, nontribal institutions.
Sec. 306. Part B definitions.
Sec. 307. Grants to institutions.
Sec. 308. Allotments to institutions.
Sec. 309. Professional or graduate institutions.
Sec. 310. Authorization of appropriations.
Sec. 311. Technical corrections.
TITLE IV--STUDENT ASSISTANCE
PART A--GRANTS TO STUDENTS IN ATTENDANCE AT INSTITUTIONS OF HIGHER
EDUCATION
Sec. 401. Federal Pell Grants.
Sec. 402. Federal trio programs.
Sec. 403. Gaining early awareness and readiness for undergraduate
programs.
Sec. 404. Academic achievement incentive scholarships.
Sec. 405. Federal supplemental educational opportunity grants.
Sec. 406. Leveraging Educational Assistance Partnership Program.
Sec. 407. Special programs for students whose families are engaged in
migrant and seasonal farmwork.
Sec. 408. Robert C. Byrd Honors Scholarship Program.
Sec. 409. Child care access means parents in school.
Sec. 410. Learning anytime anywhere partnerships.
PART B--FEDERAL FAMILY EDUCATION LOAN PROGRAM
Sec. 421. Extension of authorities.
Sec. 422. Federal payments to reduce student interest costs.
Sec. 423. Federal Consolidation Loans.
Sec. 424. Default Reduction Program.
Sec. 425. Reports to credit bureaus and institutions of higher
education.
Sec. 426. Common forms and formats.
Sec. 427. Student loan information by eligible borrowers.
Sec. 428. Consumer education information.
Sec. 429. Definition of eligible lender.
Sec. 430. Repayment by the Secretary of loans of bankrupt, deceased, or
disabled borrowers; treatment of borrowers
attending schools that fail to provide a
refund, attending closed schools, or
falsely certified as eligible to borrow.
PART C--FEDERAL WORK-STUDY PROGRAMS
Sec. 441. Authorization of appropriations.
Sec. 442. Allowance for books and supplies.
Sec. 443. Grants for Federal work-study programs.
Sec. 444. Job location and development programs.
Sec. 445. Work colleges.
PART D--WILLIAM D. FORD FEDERAL DIRECT LOAN PROGRAM
Sec. 451. Funds for administrative expenses.
PART E--FEDERAL PERKINS LOANS
Sec. 461. Program authority.
Sec. 462. Terms of loans.
Sec. 463. Cancellation of loans for certain public service.
PART F--NEED ANALYSIS
Sec. 471. Cost of attendance.
Sec. 472. Definitions.
PART G--GENERAL PROVISIONS RELATING TO STUDENT ASSISTANCE
Sec. 481. Definition of academic and award year.
Sec. 482. Compliance calendar.
Sec. 483. Forms and regulations.
Sec. 484. Student eligibility.
Sec. 485. Statute of limitations and State court judgments.
Sec. 486. Institutional refunds.
Sec. 487. Institutional and financial assistance for students.
Sec. 488. National Student Loan Data System.
Sec. 489. Early awareness of financial aid eligibility and
demonstration program to provide early
estimates and early awards of financial
aid.
Sec. 490. College Access Initiative.
Sec. 491. Program participation agreements.
Sec. 492. Regulatory relief and improvement.
Sec. 493. Transfer of allotments.
Sec. 494. Wage garnishment requirement.
Sec. 495. Purpose of administrative payments.
Sec. 496. Advisory Committee on Student Financial Assistance.
Sec. 497. Regional meetings.
Sec. 498. Year 2000 requirements at the Department.
PART H--PROGRAM INTEGRITY
Sec. 499. Recognition of accrediting agency or association.
Sec. 499A. Administrative capacity standard.
Sec. 499B. Program review and data.
TITLE V--DEVELOPING INSTITUTIONS
Sec. 501. Definitions.
Sec. 502. Authorized activities.
Sec. 503. Duration of grant.
Sec. 504. Postbaccalaureate opportunities for Hispanic Americans.
Sec. 505. Applications.
Sec. 506. Cooperative arrangements.
Sec. 507. Authorization of appropriations.
TITLE VI--INTERNATIONAL EDUCATION PROGRAMS
Sec. 601. Findings.
Sec. 602. Graduate and undergraduate language and area centers and
programs.
Sec. 603. Undergraduate international studies and foreign language
programs.
Sec. 604. Research; studies.
Sec. 605. Technological innovation and cooperation for foreign
information access.
Sec. 606. Selection of certain grant recipients.
Sec. 607. American overseas research centers.
Sec. 608. Authorization of appropriations for international and foreign
language studies.
Sec. 609. Centers for international business education.
Sec. 610. Education and training programs.
Sec. 611. Authorization of appropriations for business and
international education programs.
Sec. 612. Minority foreign service professional development program.
Sec. 613. Institutional development.
Sec. 614. Study abroad program.
Sec. 615. Advanced degree in international relations.
Sec. 616. Internships.
Sec. 617. Financial assistance.
Sec. 618. Report.
Sec. 619. Gifts and donations.
Sec. 620. Authorization of appropriations for the Institute for
International Public Policy.
Sec. 621. Definitions.
Sec. 622. Assessment and enforcement.
TITLE VII--GRADUATE AND POSTSECONDARY IMPROVEMENT PROGRAMS
Sec. 701. Purpose.
Sec. 702. Allocation of Jacob K. Javits Fellowships.
Sec. 703. Stipends.
Sec. 704. Authorization of appropriations for the Jacob K. Javits
Fellowship Program.
Sec. 705. Institutional eligibility under the Graduate Assistance in
Areas of National Need Program.
Sec. 706. Awards to graduate students.
Sec. 707. Additional assistance for cost of education.
Sec. 708. Authorization of appropriations for the Graduate Assistance
in Areas of National Need Program.
Sec. 709. Authorization of appropriations for the Thurgood Marshall
Legal Educational Opportunity Program.
Sec. 710. Fund for the improvement of postsecondary education.
Sec. 711. Special projects.
Sec. 712. Authorization of appropriations for the fund for the
improvement of postsecondary education.
Sec. 713. Authorization of appropriations for the urban community
service program.
Sec. 714. Grants authorized for demonstration projects to ensure
students with disabilities receive a
quality higher education.
Sec. 715. Applications for demonstration projects to ensure students
with disabilities receive a quality higher
education.
Sec. 716. Authorization of appropriations for the demonstration
projects to ensure students with
disabilities receive a quality higher
education.
TITLE VIII--MISCELLANEOUS
Sec. 801. Mathematics and Science Scholars Program.
TITLE IX--AMENDMENTS TO OTHER LAWS
PART A--EDUCATION OF THE DEAF ACT OF 1986
Sec. 901. Laurent Clerc National Deaf Education Center.
Sec. 902. Agreement with Gallaudet University.
Sec. 903. Agreement for the National Technical Institute for the Deaf.
Sec. 904. Cultural experiences grants.
Sec. 905. Audit.
Sec. 906. Reports.
Sec. 907. Monitoring, evaluation, and reporting.
Sec. 908. Liaison for educational programs.
Sec. 909. Federal endowment programs for Gallaudet University and the
National Technical Institute for the Deaf.
Sec. 910. Oversight and effect of agreements.
Sec. 911. International students.
Sec. 912. Research priorities.
Sec. 913. Authorization of appropriations.
PART B--UNITED STATES INSTITUTE OF PEACE ACT
Sec. 921. United States Institute of Peace Act.
PART C--THE HIGHER EDUCATION AMENDMENTS OF 1998
Sec. 931. Repeals.
Sec. 932. Grants to States for workplace and community transition
training for incarcerated youth offenders.
subpart 1--tribal colleges and universities
Sec. 941. Tribally subpart 2--navajo higher educationAssistance.
Sec. 945. Short title.
Sec. 946. Reauthorization of the Navajo Community College Act.
TITLE X--RECONCILIATION
Sec. 1001. Provisional grant assistance program.
Sec. 1002. National SMART grants.
Sec. 1003. Loan limits.
Sec. 1004. PLUS loan interest rates and zero special allowance payment.
Sec. 1005. Reduction of lender insurance reimbursement rates.
Sec. 1006. Guaranty agency origination fee.
Sec. 1007. Deferment of student loans for military service.
Sec. 1008. Rehabilitation through consolidation.
Sec. 1009. Single holder rule.
Sec. 1010. Default Reduction Program.
Sec. 1011. Requirements for disbursements of student loans.
Sec. 1012. Special insurance and reinsurance rules.
Sec. 1013. School as lender moratorium.
Sec. 1014. Permanent reduction of special allowance payments for loans
from the proceeds of tax exempt issues.
Sec. 1015. Loan fees from lenders.
Sec. 1016. Origination fee.
Sec. 1017. Income contingent repayment for public sector employees.
Sec. 1018. Income protection allowance for dependent students.
Sec. 1019. Simplified need test and automatic zero improvements.
Sec. 1020. Loan forgiveness for teachers.
<DELETED>SEC. 2. REFERENCES.</DELETED>
<DELETED> Except as otherwise expressly provided, whenever in this
Act an amendment or repeal is expressed in terms of an amendment to, or
repeal of, a section or other provision, the reference shall be
considered to be made to a section or other provision of the Higher
Education Act of 1965 (20 U.S.C. 1001 et seq.).</DELETED>
<DELETED>SEC. 3. GENERAL EFFECTIVE DATE.</DELETED>
<DELETED> Except as otherwise provided in this Act or the amendments
made by this Act, the amendments made by this Act shall take effect on
July 1, 2006.</DELETED>
<DELETED>TITLE I--GENERAL PROVISIONS</DELETED>
<DELETED>SEC. 101. ADDITIONAL DEFINITIONS.</DELETED>
<DELETED> (a) Amendment.--Section 103 (20 U.S.C. 1003) is amended--
</DELETED>
<DELETED> (1) by redesignating paragraphs (1) through (16)
as paragraphs (2) through (17), respectively; and</DELETED>
<DELETED> (2) by inserting before paragraph (2) (as
redesignated by paragraph (1)) the following:</DELETED>
<DELETED> ``(1) Authorizing committees.--The term
`authorizing committees' means the Committee on Health,
Education, Labor, and Pensions of the Senate and the Committee
on Education and the Workforce of the House of
Representatives.''.</DELETED>
<DELETED> (b) Conforming Amendments.--The Act (20 U.S.C. 1001 et
seq.) is amended--</DELETED>
<DELETED> (1) in section 131(a)(3)(B) (20 U.S.C.
1015(a)(3)(B)), by striking ``Committee on Labor and Human
Resources of the Senate and the Committee on Education and the
Workforce of the House of Representatives'' and inserting
``authorizing committees'';</DELETED>
<DELETED> (2) in section 141(d)(4)(B) (20 U.S.C.
1018(d)(4)(B)), by striking ``Committee on Education and the
Workforce of the House of Representatives and the Committee on
Labor and Human Resources of the Senate'' and inserting
``authorizing committees'';</DELETED>
<DELETED> (3) in section 206 (20 U.S.C. 1026)--</DELETED>
<DELETED> (A) in the matter preceding paragraph (1)
of subsection (a), by striking ``, the Committee on
Labor and Human Resources of the Senate, and the
Committee on Education and the Workforce of the House
of Representatives'' and inserting ``and the
authorizing committees''; and</DELETED>
<DELETED> (B) in subsection (d), by striking
``Committee on Labor and Human Resources of the Senate
and the Committee on Education and the Workforce of the
House of Representatives'' and inserting ``authorizing
committees'';</DELETED>
<DELETED> (4) in section 207(c)(1) (20 U.S.C. 1027(c)(1)),
by striking ``Committee on Labor and Human Resources of the
Senate and the Committee on Education and the Workforce of the
House of Representatives'' and inserting ``authorizing
committees'';</DELETED>
<DELETED> (5) in section 401(f)(3) (20 U.S.C. 1070a(f)(3)),
by striking ``to the Committee on Appropriations'' and all that
follows through ``House of Representatives'' and inserting ``to
the Committee on Appropriations of the Senate, the Committee on
Appropriations of the House of Representatives, and the
authorizing committees'';</DELETED>
<DELETED> (6) in section 428 (20 U.S.C. 1078)--</DELETED>
<DELETED> (A) in subsection (c)(9)(K), by striking
``House Committee on Education and the Workforce and
the Senate Committee on Labor and Human Resources'' and
inserting ``authorizing committees'';</DELETED>
<DELETED> (B) in the matter following paragraph (2)
of subsection (g), by striking ``Committee on Labor and
Human Resources of the Senate and the Committee on
Education and the Workforce of the House of
Representatives'' and inserting ``authorizing
committees''; and</DELETED>
<DELETED> (C) in subsection (n)(4), ``Committee on
Education and the Workforce of the House of
Representatives and the Committee on Labor and Human
Resources of the Senate'' and inserting ``authorizing
committees'';</DELETED>
<DELETED> (7) in section 428A (20 U.S.C. 1078-1)--</DELETED>
<DELETED> (A) in the matter preceding subparagraph
(A) of subsection (a)(4), by striking ``Committee on
Labor and Human Resources of the Senate and the
Committee on Education and the Workforce of the House
of Representatives'' and inserting ``authorizing
committees''; and</DELETED>
<DELETED> (B) in subsection (c)--</DELETED>
<DELETED> (i) in the matter preceding
subparagraph (A) of paragraph (2), by striking
``Chairperson'' and all that follows through
``House of Representatives'' and inserting
``Chairpersons and Ranking Members of the
authorizing committees'';</DELETED>
<DELETED> (ii) in paragraph (3), by striking
``Chairperson'' and all that follows through
``House of Representatives'' and inserting
``Chairpersons and Ranking Members of the
authorizing committees''; and</DELETED>
<DELETED> (iii) in paragraph (5), by
striking ``Chairperson'' and all that follows
through ``House of Representatives'' and
inserting ``Chairpersons and Ranking Members of
the authorizing committees'';</DELETED>
<DELETED> (8) in the matter preceding paragraph (1) of
section 428I(h) (20 U.S.C. 1078-9(h)), by striking ``Chairman''
and all that follows through ``Education and Labor'' and
inserting ``Chairpersons of the authorizing
committees'';</DELETED>
<DELETED> (9) in section 432 (20 U.S.C. 1082)--</DELETED>
<DELETED> (A) in subsection (f)(1)(C), by striking
``the Committee on Education and the Workforce of the
House of Representatives or the Committee on Labor and
Human Resources of the Senate'' and inserting ``either
of the authorizing committees''; and</DELETED>
<DELETED> (B) in the matter following subparagraph
(D) of subsection (n)(3), by striking ``Committee on
Education and the Workforce of the House of
Representatives and the Committee on Labor and Human
Resources of the Senate'' and inserting ``authorizing
committees'';</DELETED>
<DELETED> (10) in section 437(c)(1) (20 U.S.C. 1087(c)(1)),
by striking ``Committee on Education and the Workforce of the
House of Representatives and the Committee on Labor and Human
Resources of the Senate'' and inserting ``authorizing
committees'';</DELETED>
<DELETED> (11) in section 439 (20 U.S.C. 1087-2)--</DELETED>
<DELETED> (A) in subsection (d)(1)(E)(iii), by
striking ``advise the Chairman'' and all that follows
through ``House of Representatives'' and inserting
``advise the Chairpersons and Ranking Members of the
authorizing committees'';</DELETED>
<DELETED> (B) in subsection (r)--</DELETED>
<DELETED> (i) in paragraph (3), by striking
``inform the Chairman'' and all that follows
through ``House of Representatives,'' and
inserting ``inform the Chairpersons and Ranking
Members of the authorizing
committees'';</DELETED>
<DELETED> (ii) in paragraph (5)(B), by
striking ``plan, to the Chairman'' and all that
follows through ``Education and Labor'' and
inserting ``plan, to the Chairpersons and
Ranking Members of the authorizing
committees'';</DELETED>
<DELETED> (iii) in paragraph (6)(B)--
</DELETED>
<DELETED> (I) by striking ``plan, to
the Chairman'' and all that follows
through ``House of Representatives''
and inserting ``plan, to the
Chairpersons and Ranking Members of the
authorizing committees''; and</DELETED>
<DELETED> (II) by striking
``Chairmen and ranking minority members
of such Committees'' and inserting
``Chairpersons and Ranking Members of
the authorizing committees'';</DELETED>
<DELETED> (iv) in paragraph (8)(C), by
striking ``implemented to the Chairman'' and
all that follows through ``House of
Representatives, and'' and inserting
``implemented to the Chairpersons and Ranking
Members of the authorizing committees, and
to''; and</DELETED>
<DELETED> (v) in the matter preceding
subparagraph (A) of paragraph (10), by striking
``days to the Chairman'' and all that follows
through ``Education and Labor'' and inserting
``days to the Chairpersons and Ranking Members
of the authorizing committees''; and</DELETED>
<DELETED> (C) in subsection (s)(2)--</DELETED>
<DELETED> (i) in the matter preceding clause
(i) of subparagraph (A), by striking ``Treasury
and to the Chairman'' and all that follows
through ``House of Representatives'' and
inserting ``Treasury and to the Chairpersons
and Ranking Members of the authorizing
committees''; and</DELETED>
<DELETED> (ii) in subparagraph (B), by
striking ``Treasury and to the Chairman'' and
all that follows through ``House of
Representatives'' and inserting ``Treasury and
to the Chairpersons and Ranking Members of the
authorizing committees'';</DELETED>
<DELETED> (12) in section 455(b)(8)(B) (20 U.S.C.
1087e(b)(8)(B)), by striking ``Committee on Labor and Human
Resources of the Senate and the Committee on Education and the
Workforce of the House of Representatives'' and inserting
``authorizing committees'';</DELETED>
<DELETED> (13) in section 482(d) (20 U.S.C. 1089(d)), by
striking ``Committee on Labor and Human Resources of the Senate
and the Committee on Education and Labor of the House of
Representatives'' and inserting ``authorizing
committees'';</DELETED>
<DELETED> (14) in section 483(c) (20 U.S.C. 1090(c)), by
striking ``Committee on Labor and Human Resources of the Senate
and the Committee on Education and the Workforce of the House
of Representatives'' and inserting ``authorizing
committees'';</DELETED>
<DELETED> (15) in section 485 (20 U.S.C. 1092)--</DELETED>
<DELETED> (A) in subsection (f)(5)(A), by striking
``Committee on Education and the Workforce of the House
of Representatives and the Committee on Labor and Human
Resources of the Senate'' and inserting ``authorizing
committees''; and</DELETED>
<DELETED> (B) in subsection (g)(4)(B), by striking
``Committee on Education and the Workforce of the House
of Representatives and the Committee on Labor and Human
Resources of the Senate'' and inserting ``authorizing
committees'';</DELETED>
<DELETED> (16) in section 486 (20 U.S.C. 1093)--</DELETED>
<DELETED> (A) in subsection (e), by striking
``Committee on Labor and Human Resources of the Senate
and the Committee on Education and the Workforce of the
House of Representatives'' and inserting ``authorizing
committees''; and</DELETED>
<DELETED> (B) in subsection (f)(3)--</DELETED>
<DELETED> (i) in the matter preceding clause
(i) of subparagraph (A), by striking
``Committee on Labor and Human Resources of the
Senate and the Committee on Education and the
Workforce of the House of Representatives'' and
inserting ``authorizing committees'';
and</DELETED>
<DELETED> (ii) in the matter preceding
clause (i) of subparagraph (B), by striking
``Committee on Labor and Human Resources of the
Senate and the Committee on Education and the
Workforce of the House of Representatives'' and
inserting ``authorizing committees'';</DELETED>
<DELETED> (17) in section 487A (20 U.S.C. 1094a)--</DELETED>
<DELETED> (A) in subsection (a)(5), by striking
``Committee on Labor and Human Resources of the Senate
and the Committee on Education and the Workforce of the
House of Representatives'' and inserting ``authorizing
committees''; and</DELETED>
<DELETED> (B) in subsection (b)(3)(B), in the matter
preceding clause (i)--</DELETED>
<DELETED> (i) by striking ``Committee on
Labor and Human Resources of the Senate and the
Committee on Education and the Workforce of the
House of Representatives'' and inserting
``authorizing committees''; and</DELETED>
<DELETED> (ii) by striking ``such
Committees'' and inserting ``the authorizing
committees'';</DELETED>
<DELETED> (18) in section 493A(a)(5) (20 U.S.C.
1098c(a)(5)), by striking ``Chairperson of the Committee on
Labor and Human Resources of the Senate and the Chairperson of
the Committee on Education and the Workforce of the House of
Representatives'' and inserting ``Chairpersons of the
authorizing committees''; and</DELETED>
<DELETED> (19) in section 498B(d) (20 U.S.C. 1099c-2(d))--
</DELETED>
<DELETED> (A) in paragraph (1), by striking
``Committee on Labor and Human Resources of the Senate
and the Committee on Education and the Workforce of the
House of Representatives'' and inserting ``authorizing
committees''; and</DELETED>
<DELETED> (B) in paragraph (2), by striking
``Committee on Labor and Human Resources of the Senate
and the Committee on Education and the Workforce of the
House of Representatives'' and inserting ``authorizing
committees''.</DELETED>
<DELETED>SEC. 102. GENERAL DEFINITION OF INSTITUTION OF HIGHER
EDUCATION.</DELETED>
<DELETED> Section 101 (20 U.S.C. 1001) is amended--</DELETED>
<DELETED> (1) in subsection (a)(3), by inserting ``, or
awards a degree that is acceptable for admission to a graduate
or professional degree program, subject to the review and
approval by the Secretary'' after ``such a degree'';
and</DELETED>
<DELETED> (2) by striking subsection (b)(2) and inserting
the following:</DELETED>
<DELETED> ``(2) a public or nonprofit private educational
institution in any State that, in lieu of the requirement in
subsection (a)(1), admits as regular students persons--
</DELETED>
<DELETED> ``(A) who meet the requirements of section
484(d)(3);</DELETED>
<DELETED> ``(B) who are beyond the age of compulsory
school attendance in the State in which the institution
is located; or</DELETED>
<DELETED> ``(C) who will be dually or concurrently
enrolled in such institution and a secondary
school.''.</DELETED>
<DELETED>SEC. 103. DEFINITION OF INSTITUTION OF HIGHER EDUCATION FOR
PURPOSES OF TITLE IV PROGRAMS.</DELETED>
<DELETED> Section 102 (20 U.S.C. 1002) is amended--</DELETED>
<DELETED> (1) in subsection (a)--</DELETED>
<DELETED> (A) by striking paragraph (2)(A)(i) and
inserting the following:</DELETED>
<DELETED> ``(i) in the case of a graduate
medical school located outside the United
States--</DELETED>
<DELETED> ``(I) at least 60 percent
of those enrolled in, and at least 60
percent of the graduates of, the
graduate medical school outside the
United States were not persons
described in section 484(a)(5) in the
year preceding the year for which a
student is seeking a loan under part B
of title IV; and</DELETED>
<DELETED> ``(II) at least 60 percent
of the individuals who were students or
graduates of the graduate medical
school outside the United States or
Canada (both nationals of the United
States and others) taking the
examinations administered by the
Educational Commission for Foreign
Medical Graduates received a passing
score in the year preceding the year
for which a student is seeking a loan
under part B of title IV;
or'';</DELETED>
<DELETED> (B) by striking paragraph (3) and
inserting the following:</DELETED>
<DELETED> ``(3) Limitations based on enrollment.--An
institution shall not be considered to meet the definition of
an institution of higher education in paragraph (1) if such
institution--</DELETED>
<DELETED> ``(A) has a student enrollment in which
more than 25 percent of the students are incarcerated,
except that the Secretary may waive the limitation
contained in this subparagraph for a nonprofit
institution that provides a 2- or 4-year program of
instruction (or both) for which the institution awards
a bachelor's degree, or an associate's degree or a
postsecondary diploma, respectively; or</DELETED>
<DELETED> ``(B) has a student enrollment in which
more than 50 percent of the students do not have a
secondary school diploma or its recognized equivalent,
and does not provide a 2- or 4-year program of
instruction (or both) for which the institution awards
a bachelor's degree or an associate's degree,
respectively, except that the Secretary may waive the
limitation contained in this subparagraph if a
nonprofit institution demonstrates to the satisfaction
of the Secretary that the institution exceeds such
limitation because the institution serves, through
contracts with Federal, State, or local government
agencies, significant numbers of students who do not
have a secondary school diploma or its recognized
equivalent.'';</DELETED>
<DELETED> (C) by redesignating paragraphs (4), (5),
and (6), as paragraphs (5), (6), and (7), respectively;
and</DELETED>
<DELETED> (D) by inserting after paragraph (3) the
following:</DELETED>
<DELETED> ``(4) Limitations based on mode of delivery.--
</DELETED>
<DELETED> ``(A) In general.--An institution shall
not be considered to meet the definition of an
institution of higher education in paragraph (1) if
such institution--</DELETED>
<DELETED> ``(i) offers more than 50 percent
of such institution's courses by
correspondence, unless the institution is an
institution that meets the definition in
section 3(3)(C) of the Carl D. Perkins
Vocational and Technical Education Act of 1998;
or</DELETED>
<DELETED> ``(ii) enrolls 50 percent or more
of the institution's students in correspondence
courses, unless the institution is an
institution that meets the definition in such
section 3(3)(C), except that the Secretary, at
the request of such institution, may waive the
applicability of this subparagraph to such
institution for good cause, as determined by
the Secretary in the case of an institution of
higher education that provides a 2- or 4-year
program of instruction (or both) for which the
institution awards an associate or
baccalaureate degree, respectively.</DELETED>
<DELETED> ``(B) Distance education program
eligibility.--Notwithstanding subparagraph (A), an
institution of higher education, other than a foreign
institution, that offers education or training programs
principally through distance education shall be
considered to meet the definition of an institution of
higher education in paragraph (1) if such institution--
</DELETED>
<DELETED> ``(i) has been evaluated and
determined (before or after the date of
enactment of the Higher Education Amendments of
2005) to have capability to effectively deliver
distance education programs by an accrediting
agency or association that--</DELETED>
<DELETED> ``(I) is recognized by the
Secretary under title IV; and</DELETED>
<DELETED> ``(II) has evaluation of
distance education programs within the
scope of its recognition, as described
in section 496(n)(3);</DELETED>
<DELETED> ``(ii) is otherwise eligible to
participate in programs authorized under title
IV;</DELETED>
<DELETED> ``(iii) has not had its
participation in programs under title IV
suspended or terminated within the 5 years
preceding the year for which the determination
is made;</DELETED>
<DELETED> ``(iv) has not had, or failed to
resolve, an audit finding or program review
finding under this Act during the 2 years
preceding the year for which the determination
is made that, following any appeal to the
Secretary, resulted in the institution being
required to repay an amount that is equal to or
greater than 25 percent of the total funds the
institution received under the programs
authorized under title IV for the most recent
award year; and</DELETED>
<DELETED> ``(v) has met the requirements of
section 487(d), if applicable.</DELETED>
<DELETED> ``(C) Definition.--</DELETED>
<DELETED> ``(i) In general.--In this Act,
except as otherwise provided, the term
`distance education' means a course or program
that uses 1 or more of the technologies
described in clause (ii) to--</DELETED>
<DELETED> ``(I) deliver instruction
to students who are separated from the
instructor; and</DELETED>
<DELETED> ``(II) support regular and
substantive interaction between the
students and the instructor, either
synchronously or
asynchronously.</DELETED>
<DELETED> ``(ii) Inclusions.--For the
purposes of clause (i), the technologies used
may include--</DELETED>
<DELETED> ``(I) the
Internet;</DELETED>
<DELETED> ``(II) one-way and two-way
transmissions through open broadcast,
closed circuit, cable, microwave,
broadband lines, fiber optics,
satellite, or wireless communications
devices;</DELETED>
<DELETED> ``(III) audio
conferencing; or</DELETED>
<DELETED> ``(IV) video cassette,
DVDs, and CD-ROMs, provided that they
are used in a course in conjunction
with the technologies listed in
subclauses (I) through (III).'';
and</DELETED>
<DELETED> (2) in subsection (b)(1)--</DELETED>
<DELETED> (A) in subparagraph (D), by inserting
``and'' after the semicolon;</DELETED>
<DELETED> (B) in subparagraph (E), by striking ``;
and'' and inserting a period; and</DELETED>
<DELETED> (C) by striking subparagraph
(F).</DELETED>
<DELETED>SEC. 104. PROTECTION OF STUDENT SPEECH AND ASSOCIATION
RIGHTS.</DELETED>
<DELETED> Section 112 (20 U.S.C. 1011a) is amended--</DELETED>
<DELETED> (1) in subsection (a)--</DELETED>
<DELETED> (A) by inserting ``(1)'' before ``It is
the sense''; and</DELETED>
<DELETED> (B) by adding at the end the
following:</DELETED>
<DELETED> ``(2) It is the sense of Congress that--</DELETED>
<DELETED> ``(A) the diversity of institutions and
educational missions is one of the key strengths of American
higher education;</DELETED>
<DELETED> ``(B) individual colleges and universities have
different missions and each institution should design its
academic program in accordance with its educational
goals;</DELETED>
<DELETED> ``(C) within the context of institutional mission,
a college should facilitate the free and open exchange of
ideas;</DELETED>
<DELETED> ``(D) students should not be intimated, harassed,
discouraged from speaking out, or discriminated
against;</DELETED>
<DELETED> ``(E) students should be treated equally and
fairly; and</DELETED>
<DELETED> ``(F) nothing in this paragraph shall be construed
to modify, change, or infringe upon any constitutionally
protected religious liberty, freedom, expression, or
association.''; and</DELETED>
<DELETED> (2) in subsection (b)(1), by inserting ``,
provided that the imposition of such sanction is done
objectively and fairly'' after ``higher education''.</DELETED>
<DELETED>SEC. 105. NATIONAL ADVISORY COMMITTEE ON INSTITUTIONAL QUALITY
AND INTEGRITY.</DELETED>
<DELETED> Section 114(g) (20 U.S.C. 1011c(g)) is amended by striking
``September 30, 2004'' and inserting ``September 30, 2011''.</DELETED>
<DELETED>SEC. 106. DRUG AND ALCOHOL ABUSE PREVENTION.</DELETED>
<DELETED> Section 120 (20 U.S.C. 1011i) is amended by striking
subsections (e) and (f) and inserting the following:</DELETED>
<DELETED> ``(e) Grants Directed at Reducing Higher Education Drug
and Alcohol Abuse.--</DELETED>
<DELETED> ``(1) Authorization of program.--The Secretary may
award grants to eligible entities to enable the entities to
reduce the rate of drug abuse, underage alcohol use, and binge
drinking among students at institutions of higher
education.</DELETED>
<DELETED> ``(2) Applications.--An eligible entity that
desires to receive a grant under this subsection shall submit
an application to the Secretary at such time, in such manner,
and accompanied by such information as the Secretary may
require. Each application shall include--</DELETED>
<DELETED> ``(A) a description of how the eligible
entity will work to enhance an existing, or where none
exists to build a, statewide coalition;</DELETED>
<DELETED> ``(B) a description of how the eligible
entity will target underage students in the
State;</DELETED>
<DELETED> ``(C) a description of how the eligible
entity intends to ensure that the statewide coalition
is actually implementing the purpose described in
paragraph (1) and moving toward the achievement
indicators described in paragraph (4);</DELETED>
<DELETED> ``(D) a list of the members of the
statewide coalition or interested parties involved in
the work of the eligible entity;</DELETED>
<DELETED> ``(E) a description of how the eligible
entity intends to work with State agencies on substance
abuse prevention and education;</DELETED>
<DELETED> ``(F) the anticipated impact of funds
provided under this subsection in reducing the rates of
drug abuse and underage alcohol use;</DELETED>
<DELETED> ``(G) outreach strategies, including ways
in which the eligible entity proposes to--</DELETED>
<DELETED> ``(i) reach out to
students;</DELETED>
<DELETED> ``(ii) promote the purpose
described in paragraph (1);</DELETED>
<DELETED> ``(iii) address the range of needs
of the students and the surrounding
communities; and</DELETED>
<DELETED> ``(iv) address community norms for
underage students regarding drug abuse and
alcohol use; and</DELETED>
<DELETED> ``(H) such additional information as
required by the Secretary.</DELETED>
<DELETED> ``(3) Uses of funds.--Each eligible entity that
receives a grant under this subsection shall use the grant
funds to carry out the activities described in such entity's
application submitted pursuant to paragraph (2).</DELETED>
<DELETED> ``(4) Accountability.--On the date on which the
Secretary first publishes a notice in the Federal Register
soliciting applications for grants under this subsection, the
Secretary shall include in the notice achievement indicators
for the program authorized under this subsection. The
achievement indicators shall be designed--</DELETED>
<DELETED> ``(A) to measure the impact that the
statewide coalitions assisted under this subsection are
having on the institutions of higher education and the
surrounding communities, including changes in the
number of alcohol and drug-related abuse incidents of
any kind (including violations, physical assaults,
sexual assaults, reports of intimidation, disruptions
of school functions, disruptions of student studies,
mental health referrals, illnesses, or
deaths);</DELETED>
<DELETED> ``(B) to measure the quality and
accessibility of the programs or information offered by
the statewide coalitions; and</DELETED>
<DELETED> ``(C) to provide such other measures of
program impact as the Secretary determines
appropriate.</DELETED>
<DELETED> ``(5) Supplement not supplant.--Grant funds
provided under this subsection shall be used to supplement, and
not supplant, Federal and non-Federal funds available for
carrying out the activities described in this
subsection.</DELETED>
<DELETED> ``(6) Definitions.--In this subsection:</DELETED>
<DELETED> ``(A) Eligible entity.--The term `eligible
entity' means a State, an institution of higher
education, or a nonprofit entity.</DELETED>
<DELETED> ``(B) Institution of higher education.--
The term `institution of higher education' has the
meaning given the term in section 101(a).</DELETED>
<DELETED> ``(C) State.--The term `State' means each
of the 50 States, the District of Columbia, and the
Commonwealth of Puerto Rico.</DELETED>
<DELETED> ``(D) Statewide coalition.--The term
`statewide coalition' means a coalition that--
</DELETED>
<DELETED> ``(i) includes--</DELETED>
<DELETED> ``(I) institutions of
higher education within a State;
and</DELETED>
<DELETED> ``(II) a nonprofit group,
a community drug abuse or underage
drinking prevention coalition, or
another substance abuse prevention
group within a State; and</DELETED>
<DELETED> ``(ii) works toward lowering the
alcohol abuse rate by targeting underage
students at institutions of higher education
throughout the State and in the surrounding
communities.</DELETED>
<DELETED> ``(E) Surrounding community.--The term
`surrounding community' means the community--</DELETED>
<DELETED> ``(i) that surrounds an
institution of higher education participating
in a statewide coalition;</DELETED>
<DELETED> ``(ii) where the students from the
institution of higher education take part in
the community; and</DELETED>
<DELETED> ``(iii) where students from the
institution of higher education live in off-
campus housing.</DELETED>
<DELETED> ``(7) Administrative expenses.--Not more than 5
percent of a grant awarded under this subsection may be
expended for administrative expenses.</DELETED>
<DELETED> ``(8) Authorization of appropriations.--There are
authorized to be appropriated to carry out this subsection such
sums as may be necessary for fiscal year 2006 and each of the 5
succeeding fiscal years.''.</DELETED>
<DELETED>SEC. 107. PRIOR RIGHTS AND OBLIGATIONS.</DELETED>
<DELETED> Section 121(a) (20 U.S.C. 1011j(a)) is amended--</DELETED>
<DELETED> (1) in paragraph (1), by striking ``1999'' and
inserting ``2006''; and</DELETED>
<DELETED> (2) in paragraph (2), by striking ``1999'' and
inserting ``2006''.</DELETED>
<DELETED>SEC. 108. COST OF HIGHER EDUCATION.</DELETED>
<DELETED> Section 131 (20 U.S.C. 1015) is amended--</DELETED>
<DELETED> (1) by striking subsection (b) and inserting the
following:</DELETED>
<DELETED> ``(b) College Consumer Information.--</DELETED>
<DELETED> ``(1) In general.--The Secretary shall make
available to the public, on an annual basis, the information
described in paragraph (2), in a form that enables the public
to compare the information among institutions of higher
education. Such information shall be made available for each of
the categories described in paragraph (3) and updated
regularly.</DELETED>
<DELETED> ``(2) Information.--The information described in
this paragraph is the following:</DELETED>
<DELETED> ``(A) Tuition and fees for a full-time
undergraduate student.</DELETED>
<DELETED> ``(B) Cost of attendance for a full-time
undergraduate student.</DELETED>
<DELETED> ``(C) The average annual cost of
attendance for a full-time undergraduate student for
the 10 academic years preceding the year for which the
information is made available under this subsection, or
if data are not available for such 10 preceding
academic years, data for as many of such 10 preceding
academic years as are available.</DELETED>
<DELETED> ``(D) The percentage of full-time
undergraduate students receiving financial assistance,
including--</DELETED>
<DELETED> ``(i) Federal grants;</DELETED>
<DELETED> ``(ii) State and local
grants;</DELETED>
<DELETED> ``(iii) institutional grants;
and</DELETED>
<DELETED> ``(iv) loans to
students.</DELETED>
<DELETED> ``(E) The percentage of students
successfully transferring academic credit from another
institution of higher education.</DELETED>
<DELETED> ``(F) Information regarding students who
have completed an undergraduate certificate or degree
program and who are placed in employment.</DELETED>
<DELETED> ``(G) Information regarding students who
have completed an undergraduate degree and who enroll
in graduate education.</DELETED>
<DELETED> ``(H) A ranking of the dollar and
percentage increases in tuition for all institutions of
higher education for which data are available,
disaggregated by quartiles.</DELETED>
<DELETED> ``(3) Categories.--The categories described in
this paragraph are as follows:</DELETED>
<DELETED> ``(A) All institutions of higher
education.</DELETED>
<DELETED> ``(B) 4-year public, degree-granting,
institutions of higher education.</DELETED>
<DELETED> ``(C) 2-year public, degree-granting,
institutions of higher education.</DELETED>
<DELETED> ``(D) 4-year, nonprofit, private, degree-
granting institutions of higher education.</DELETED>
<DELETED> ``(E) 2-year, nonprofit, private, degree-
granting institutions of higher education.</DELETED>
<DELETED> ``(F) 4-year, for-profit, private, degree-
granting institutions of higher education.</DELETED>
<DELETED> ``(G) 2-year, for-profit, private, degree-
granting institutions of higher education.</DELETED>
<DELETED> ``(4) Standard definitions.--In carrying out this
section, the Secretary shall use the standard definitions
developed under subsection (a)(3).''; and</DELETED>
<DELETED> (2) in subsection (c)--</DELETED>
<DELETED> (A) in paragraph (1), by inserting ``be
conducted on an annual basis and'' after ``Such study
shall'';</DELETED>
<DELETED> (B) in paragraph (2)--</DELETED>
<DELETED> (i) in subparagraph (B), by
striking ``and'' after the semicolon;</DELETED>
<DELETED> (ii) in subparagraph (C), by
striking the period and inserting a semicolon;
and</DELETED>
<DELETED> (iii) by adding at the end the
following:</DELETED>
<DELETED> ``(D) the average cost of attending an
institution of higher education, disaggregated by
category, as described in subsection (b)(3), of
institution of higher education;</DELETED>
<DELETED> ``(E) the average annual cost of attending
an institution of higher education for the 10 academic
years preceding the year for which the study is
conducted (if available), disaggregated by category, as
described in subsection (b)(3), of institution of
higher education; and</DELETED>
<DELETED> ``(F) the assistance provided to
institutions of higher education by each State, which
information the Secretary shall make available to the
public.'';</DELETED>
<DELETED> (C) in paragraph (3)--</DELETED>
<DELETED> (i) in the paragraph heading, by
striking ``Final'' and inserting
``Annual'';</DELETED>
<DELETED> (ii) by striking ``a report'' and
inserting ``an annual report''; and</DELETED>
<DELETED> (iii) by striking ``not later than
September 30, 2002''; and</DELETED>
<DELETED> (D) by striking paragraph (4) and
inserting the following:</DELETED>
<DELETED> ``(4) Higher education cost index.--The Bureau of
Labor Statistics, in consultation with the Commissioner of
Education Statistics, shall develop a higher education cost
index that tracks inflation changes in the relevant costs
associated with higher education.''.</DELETED>
<DELETED>SEC. 109. PERFORMANCE-BASED ORGANIZATION FOR THE DELIVERY OF
FEDERAL STUDENT FINANCIAL ASSISTANCE.</DELETED>
<DELETED> Section 141 (20 U.S.C. 1018) is amended--</DELETED>
<DELETED> (1) in subsection (a)--</DELETED>
<DELETED> (A) in paragraph (1), by striking
``operational'' and inserting ``administrative and
oversight''; and</DELETED>
<DELETED> (B) in paragraph (2)(D), by striking ``of
the operational functions'' and inserting ``and
administration'';</DELETED>
<DELETED> (2) in subsection (b)--</DELETED>
<DELETED> (A) in paragraph (1)--</DELETED>
<DELETED> (i) in subparagraph (A), by
striking ``the information systems administered
by the PBO, and other functions performed by
the PBO'' and inserting ``the Federal student
financial assistance programs authorized under
title IV''; and</DELETED>
<DELETED> (ii) by striking subparagraph (C)
and inserting the following:</DELETED>
<DELETED> ``(C) assist the Chief Operating Officer
in identifying goals for--</DELETED>
<DELETED> ``(i) the administration of the
systems used to administer the Federal student
financial assistance programs authorized under
title IV; and</DELETED>
<DELETED> ``(ii) the updating of such
systems to current technology.''; and</DELETED>
<DELETED> (B) in paragraph (2)--</DELETED>
<DELETED> (i) in the matter preceding
subparagraph (A), by striking ``administration
of the information and financial systems that
support'' and inserting ``the administration of
Federal'';</DELETED>
<DELETED> (ii) in subparagraph (A)--
</DELETED>
<DELETED> (I) in the matter
preceding clause (i), by striking ``of
the delivery system for Federal student
assistance'' and inserting ``for the
Federal student assistance programs
authorized under title IV'';</DELETED>
<DELETED> (II) by striking clauses
(i) and (ii) and inserting the
following:</DELETED>
<DELETED> ``(i) the collection, processing,
and transmission of data to students,
institutions, lenders, State agencies, and
other authorized parties;</DELETED>
<DELETED> ``(ii) the design and technical
specifications for software development and
procurement for systems supporting the student
financial assistance programs authorized under
title IV;'';</DELETED>
<DELETED> (III) in clause (iii), by
striking ``delivery'' and inserting
``administration'';</DELETED>
<DELETED> (IV) in clause (iv)--
</DELETED>
<DELETED> (aa) by inserting
``the'' after ``supporting'';
and</DELETED>
<DELETED> (bb) by striking
``and'' after the
semicolon;</DELETED>
<DELETED> (V) in clause (v), by
striking ``systems that support those
programs.'' and inserting ``the
administration of the Federal student
assistance programs authorized under
title IV; and''; and</DELETED>
<DELETED> (VI) by adding at the end
the following:</DELETED>
<DELETED> ``(vi) ensuring the integrity of
the student assistance programs authorized
under title IV.''; and</DELETED>
<DELETED> (iii) in subparagraph (B), by
striking ``operations and services'' and
inserting ``activities and functions'';
and</DELETED>
<DELETED> (3) in subsection (c)--</DELETED>
<DELETED> (A) in paragraph (1)(C)--</DELETED>
<DELETED> (i) in clause (iii), by striking
``information and delivery''; and</DELETED>
<DELETED> (ii) in clause (iv)--</DELETED>
<DELETED> (I) by striking
``Developing an'' and inserting
``Developing''; and</DELETED>
<DELETED> (II) by striking
``delivery and information system'' and
inserting ``systems'';</DELETED>
<DELETED> (B) in paragraph (2)--</DELETED>
<DELETED> (i) in subparagraph (A), by
inserting ``the'' after ``PBO and'';
and</DELETED>
<DELETED> (ii) in subparagraph (B), by
striking ``Officer'' and inserting
``Officers''; and</DELETED>
<DELETED> (C) in paragraph (3), by inserting
``students,'' after ``consult with'';</DELETED>
<DELETED> (4) in subsection (d)--</DELETED>
<DELETED> (A) in paragraph (1), by striking the
second sentence; and</DELETED>
<DELETED> (B) in paragraph (5)--</DELETED>
<DELETED> (i) in subparagraph (B), by
striking ``paragraph (2)'' and inserting
``paragraph (4)''; and</DELETED>
<DELETED> (ii) in subparagraph (C), by
striking ``this'';</DELETED>
<DELETED> (5) in subsection (f)--</DELETED>
<DELETED> (A) in paragraph (2), by striking ``to
borrowers'' and inserting ``to students, borrowers,'';
and</DELETED>
<DELETED> (B) in paragraph (3)(A), by striking
``(1)(A)'' and inserting ``(1)'';</DELETED>
<DELETED> (6) in subsection (g)(3), by striking ``not more
than 25'';</DELETED>
<DELETED> (7) in subsection (h), by striking
``organizational effectiveness'' and inserting
``effectiveness'';</DELETED>
<DELETED> (8) by striking subsection (i);</DELETED>
<DELETED> (9) by redesignating subsection (j) as subsection
(i); and</DELETED>
<DELETED> (10) in subsection (i) (as redesignated by
paragraph (9)), by striking ``, including transition
costs''.</DELETED>
<DELETED>SEC. 110. PROCUREMENT FLEXIBILITY.</DELETED>
<DELETED> Section 142 (20 U.S.C. 1018a) is amended--</DELETED>
<DELETED> (1) in subsection (b)--</DELETED>
<DELETED> (A) in paragraph (1)--</DELETED>
<DELETED> (i) by striking ``for information
systems supporting the programs authorized
under title IV''; and</DELETED>
<DELETED> (ii) by striking ``and'' after the
semicolon;</DELETED>
<DELETED> (B) in paragraph (2), by striking the
period at the end and inserting ``; and'';
and</DELETED>
<DELETED> (C) by adding at the end the
following:</DELETED>
<DELETED> ``(3) through the Chief Operating Officer--
</DELETED>
<DELETED> ``(A) to the maximum extent practicable,
utilize procurement systems that streamline operations,
improve internal controls, and enhance management;
and</DELETED>
<DELETED> ``(B) assess the efficiency of such
systems and assess such systems' ability to meet PBO
requirements.'';</DELETED>
<DELETED> (2) by striking subsection (c)(2) and inserting
the following:</DELETED>
<DELETED> ``(2) Fee for service arrangements.--The Chief
Operating Officer shall, when appropriate and consistent with
the purposes of the PBO, acquire services related to the
functions set forth in section 141(b)(2) from any entity that
has the capability and capacity to meet the requirements set by
the PBO. The Chief Operating Officer is authorized to pay fees
that are equivalent to those paid by other entities to an
organization that provides services that meet the requirements
of the PBO, as determined by the Chief Operating
Officer.'';</DELETED>
<DELETED> (3) in subsection (d)(2)(B), by striking ``on
Federal Government contracts'';</DELETED>
<DELETED> (4) in subsection (g)--</DELETED>
<DELETED> (A) in paragraph (4)(A)--</DELETED>
<DELETED> (i) in the subparagraph heading,
by striking ``Sole source.--'' and inserting
``Single-source basis.--''; and</DELETED>
<DELETED> (ii) by striking ``sole-source''
and inserting ``single-source''; and</DELETED>
<DELETED> (B) in paragraph (7), by striking ``sole-
source'' and inserting ``single-source'';</DELETED>
<DELETED> (5) in subsection (h)(2)(A), by striking ``sole-
source'' and inserting ``single-source''; and</DELETED>
<DELETED> (6) in subsection (l), by striking paragraph (3)
and inserting the following:</DELETED>
<DELETED> ``(3) Single-source basis.--The term `single-
source basis', with respect to an award of a contract, means
that the contract is awarded to a source after soliciting an
offer or offers from, and negotiating with, only such source
(although such source is not the only source in the marketplace
capable of meeting the need) because such source is the most
advantageous source for purposes of the award.''.</DELETED>
<DELETED>TITLE II--TEACHER QUALITY ENHANCEMENT</DELETED>
<DELETED>SEC. 201. TEACHER QUALITY ENHANCEMENT GRANTS FOR STATES AND
PARTNERSHIPS.</DELETED>
<DELETED> Part A of title II (20 U.S.C. 1021 et seq.) is amended to
read as follows:</DELETED>
<DELETED>``PART A--TEACHER QUALITY ENHANCEMENT GRANTS FOR STATES AND
PARTNERSHIPS</DELETED>
<DELETED>``SEC. 201. PURPOSES; DEFINITIONS.</DELETED>
<DELETED> ``(a) Purposes.--The purposes of this part are to--
</DELETED>
<DELETED> ``(1) improve student achievement;</DELETED>
<DELETED> ``(2) improve the quality of the current and
future teaching force by improving the preparation of
prospective teachers and enhancing professional development
activities;</DELETED>
<DELETED> ``(3) hold institutions of higher education
accountable for preparing highly qualified teachers;
and</DELETED>
<DELETED> ``(4) recruit qualified individuals, including
minorities and individuals from other occupations, into the
teaching force.</DELETED>
<DELETED> ``(b) Definitions.--In this part:</DELETED>
<DELETED> ``(1) Arts and sciences.--The term `arts and
sciences' means--</DELETED>
<DELETED> ``(A) when referring to an organizational
unit of an institution of higher education, any
academic unit that offers 1 or more academic majors in
disciplines or content areas corresponding to the
academic subject areas in which teachers provide
instruction; and</DELETED>
<DELETED> ``(B) when referring to a specific
academic subject area, the disciplines or content areas
in which academic majors are offered by the arts and
sciences organizational unit.</DELETED>
<DELETED> ``(2) Children from low-income families.--The term
`children from low-income families' means children as described
in section 1124(c)(1)(A) of the Elementary and Secondary
Education Act of 1965.</DELETED>
<DELETED> ``(3) Early childhood education program.--The term
`early childhood education program' means a Head Start program
or an Early Head Start program carried out under the Head Start
Act (42 U.S.C. 9831 et seq.), a State licensed or regulated
child care program or school, or a State prekindergarten
program that serves children from birth through kindergarten
and that addresses the children's cognitive (including
language, early literacy, and pre-numeracy), social, emotional,
and physical development.</DELETED>
<DELETED> ``(4) Early childhood educator.--The term `early
childhood educator' means an individual with primary
responsibility for the education of children in an early
childhood education program.</DELETED>
<DELETED> ``(5) Educational service agency.--The term
`educational service agency' has the meaning given such term in
section 9101 of the Elementary and Secondary Education Act of
1965.</DELETED>
<DELETED> ``(6) Exemplary teacher.--The term `exemplary
teacher' has the meaning given such term in section 9101 of the
Elementary and Secondary Education Act of 1965.</DELETED>
<DELETED> ``(7) High-need local educational agency.--The
term `high-need local educational agency' means a local
educational agency or educational service agency--</DELETED>
<DELETED> ``(A)(i) that serves not fewer than 10,000
children from low-income families;</DELETED>
<DELETED> ``(ii) for which not less than 20 percent
of the children served by the agency are children from
low-income families; or</DELETED>
<DELETED> ``(iii) with a total of less than 600
students in average daily attendance at the schools
that are served by the agency and all of whose schools
are designated with a school locale code of 7 or 8, as
determined by the Secretary; and</DELETED>
<DELETED> ``(B)(i) for which there is a high
percentage of teachers not teaching in the academic
subject areas or grade levels in which the teachers
were trained to teach; or</DELETED>
<DELETED> ``(ii) for which there is a high teacher
turnover rate or a high percentage of teachers with
emergency, provisional, or temporary certification or
licensure.</DELETED>
<DELETED> ``(8) Highly qualified.--The term `highly
qualified' has the meaning given such term in section 9101 of
the Elementary and Secondary Education Act of 1965 and, with
respect to special education teachers, in section 602 of the
Individuals with Disabilities Education Act.</DELETED>
<DELETED> ``(9) Professional development.--The term
`professional development' has the meaning given such term in
section 9101 of the Elementary and Secondary Education Act of
1965.</DELETED>
<DELETED> ``(10) Scientifically based reading research.--The
term `scientifically based reading research' has the meaning
given such term in section 1208 of the Elementary and Secondary
Education Act of 1965.</DELETED>
<DELETED> ``(11) Scientifically based research.--The term
`scientifically based research' has the meaning given such term
in section 9101 of the Elementary and Secondary Education Act
of 1965.</DELETED>
<DELETED> ``(12) Teacher mentoring.--The term `teacher
mentoring' means mentoring of teachers through an established
or implemented program--</DELETED>
<DELETED> ``(A) that includes qualifications for
mentors;</DELETED>
<DELETED> ``(B) that provides training for
mentors;</DELETED>
<DELETED> ``(C) that provides regular and ongoing
opportunities for mentors and mentees to observe each
other's teaching methods in classroom settings during
the school day;</DELETED>
<DELETED> ``(D) in which the mentoring is provided
by a colleague who teaches in the same field, grade, or
subject as the mentee; and</DELETED>
<DELETED> ``(E) that includes--</DELETED>
<DELETED> ``(i) common planning time or
regularly scheduled collaboration with teachers
in the teachers' same field, grade, or subject
area; and</DELETED>
<DELETED> ``(ii) additional professional
development opportunities.</DELETED>
<DELETED> ``(13) Teaching skills.--The term `teaching
skills' means the ability to--</DELETED>
<DELETED> ``(A) increase student
achievement;</DELETED>
<DELETED> ``(B) effectively convey and explain
academic subject matter;</DELETED>
<DELETED> ``(C) employ strategies that--</DELETED>
<DELETED> ``(i) are based on scientifically
based research;</DELETED>
<DELETED> ``(ii) are specific to academic
subject matter; and</DELETED>
<DELETED> ``(iii) focus on identification
and tailoring of academic instruction to
students' specific learning needs, particularly
students with disabilities, students who are
limited English proficient, and students who
are gifted and talented;</DELETED>
<DELETED> ``(D) conduct ongoing assessment of
student learning;</DELETED>
<DELETED> ``(E) effectively manage a
classroom;</DELETED>
<DELETED> ``(F) communicate and work with parents
and guardians, and involve parents and guardians in
their children's education; and</DELETED>
<DELETED> ``(G) in the case of an early childhood
educator, use age appropriate strategies and practices
for children in early childhood education
programs.</DELETED>
<DELETED>``SEC. 202. STATE GRANTS.</DELETED>
<DELETED> ``(a) In General.--From amounts made available under
section 209(a)(1) for a fiscal year, the Secretary is authorized to
award grants under this section, on a competitive basis, to eligible
States to enable the eligible States to carry out the activities
described in subsections (d) and (e).</DELETED>
<DELETED> ``(b) Eligible State.--</DELETED>
<DELETED> ``(1) Definition.--In this part, the term
`eligible State' means--</DELETED>
<DELETED> ``(A) the Governor of a State;
or</DELETED>
<DELETED> ``(B) in the case of a State for which the
constitution or law of such State designates another
individual, entity, or agency in the State to be
responsible for teacher certification or licensure and
preparation activity, such individual, entity, or
agency.</DELETED>
<DELETED> ``(2) Consultation.--The Governor or the
individual, entity, or agency designated under paragraph (1)(B)
shall consult with the Governor, State board of education,
State educational agency, State agency for higher education, or
other applicable State entities (including the State agency
responsible for early childhood education), as appropriate,
with respect to the activities assisted under this section,
including the development of the grant application and
implementation of the activities.</DELETED>
<DELETED> ``(3) Construction.--Nothing in this subsection
shall be construed to negate or supersede the legal authority
under State law of any State agency, State entity, or State
public official over programs that are under the jurisdiction
of the agency, entity, or official.</DELETED>
<DELETED> ``(c) Application.--To be eligible to receive a grant
under this section, an eligible State shall submit an application to
the Secretary that--</DELETED>
<DELETED> ``(1) meets the requirement of this
section;</DELETED>
<DELETED> ``(2) demonstrates that the eligible State is in
full compliance with--</DELETED>
<DELETED> ``(A) sections 206(b) and 207;
and</DELETED>
<DELETED> ``(B) if applicable, sections 207(b) and
208, as such sections were in effect on the day before
the date of enactment of the Higher Education
Amendments of 2005;</DELETED>
<DELETED> ``(3) includes a description of how the eligible
State intends to use funds provided under this
section;</DELETED>
<DELETED> ``(4) includes measurable objectives for the use
of the funds provided under this section;</DELETED>
<DELETED> ``(5) describes how funded activities will--
</DELETED>
<DELETED> ``(A) reduce shortages, if any, of--
</DELETED>
<DELETED> ``(i) highly qualified general and
special education teachers, including in low-
income urban and rural areas and in high-need
academic subject areas; and</DELETED>
<DELETED> ``(ii) fully competent early
childhood educators; and</DELETED>
<DELETED> ``(B) be consistent with State, local, and
other education reform activities that promote
effective teaching skills and student academic
achievement and consistent with State early learning
standards for early childhood education programs,
including how funded activities will support carrying
out the applicable requirements of the eligible State
under sections 1111 and 1119 of the Elementary and
Secondary Education Act of 1965, and section 612(a)(14)
of the Individuals with Disabilities Education
Act;</DELETED>
<DELETED> ``(6) contains an assurance that the eligible
State will carry out each of the intended uses of grant funds
described in paragraph (3);</DELETED>
<DELETED> ``(7) describes the eligible State's--</DELETED>
<DELETED> ``(A) current capacity to measure the
effectiveness of teacher preparation programs and
professional development activities within the State
using available statewide data;</DELETED>
<DELETED> ``(B) activities to enhance or expand the
integration of existing data systems to better measure
the effectiveness of teacher preparation programs and
professional development activities within the State;
or</DELETED>
<DELETED> ``(C) if such data systems do not exist,
plans for the development of an integrated statewide
data system to measure the effectiveness of teacher
preparation programs and professional development
activities within the State using available statewide
data; and</DELETED>
<DELETED> ``(8) contains such other information and
assurances as the Secretary may require.</DELETED>
<DELETED> ``(d) Required Uses of Funds.--An eligible State that
receives a grant under this section shall use the grant funds to reform
teacher preparation requirements, to coordinate with State activities
under section 2113(c) of the Elementary and Secondary Education Act of
1965 and subsections (a) and (b) of section 654 of the Individuals with
Disabilities Education Act, and to ensure that current and prospective
teachers are highly qualified, by carrying out each of the following
activities:</DELETED>
<DELETED> ``(1) Reforms.--Ensuring that all teacher
preparation programs in the State are preparing current or
prospective teachers to become highly qualified, to understand
scientifically based research and its applicability, and to use
technology effectively, including use of instructional
techniques to improve student academic achievement, by
assisting such programs--</DELETED>
<DELETED> ``(A) in retraining faculty;</DELETED>
<DELETED> ``(B) in designing (or redesigning)
teacher preparation programs so that such programs--
</DELETED>
<DELETED> ``(i) are based on rigorous
academic content and scientifically based
research (including scientifically based
reading research), and aligned with challenging
State academic content standards;</DELETED>
<DELETED> ``(ii) promote effective teaching
skills; and</DELETED>
<DELETED> ``(iii) promote understanding of
effective instructional strategies for students
with special needs, including students with
disabilities, students who are limited English
proficient, and students who are gifted and
talented;</DELETED>
<DELETED> ``(C) in ensuring collaboration with
departments, programs, or units outside of the teacher
preparation program in relevant academic content areas
to ensure a successful combination of training in both
teaching and such content;</DELETED>
<DELETED> ``(D) in developing high-quality, rigorous
clinical experiences (that include student teaching
experience) in which students participate while
enrolled in a teacher preparation program, lasting not
less than 1 term, through dissemination of best
practices, technical assistance, or other relevant
activities; and</DELETED>
<DELETED> ``(E) in collecting and using data, in
collaboration with institutions of higher education,
schools, and local educational agencies, on teacher
retention rates, by school, to evaluate and strengthen
the effectiveness of the State's teacher support
system.</DELETED>
<DELETED> ``(2) Certification or licensure requirements.--
Reforming teacher certification or licensure requirements to
ensure that--</DELETED>
<DELETED> ``(A) teachers have the academic content
knowledge and teaching skills in the academic subject
areas that the teachers teach that are necessary to
help students meet challenging State student academic
achievement standards;</DELETED>
<DELETED> ``(B) such requirements are aligned with
challenging State academic content standards;</DELETED>
<DELETED> ``(C) teacher certification and licensure
assessments are--</DELETED>
<DELETED> ``(i) used for purposes for which
such assessments are valid and
reliable;</DELETED>
<DELETED> ``(ii) consistent with relevant,
professional, and technical standards;
and</DELETED>
<DELETED> ``(iii) aligned with the reporting
requirements of sections 205 and 206;
and</DELETED>
<DELETED> ``(D) such requirements for high-need
academic subject areas (such as reading, mathematics,
science, and foreign language, including less commonly
taught languages) and high-need areas (such as special
education, language instruction educational programs,
and early childhood education) exist and reflect
qualifications to help students meet high standards,
which may include the development of a State test for
such areas.</DELETED>
<DELETED> ``(3) Evaluation.--</DELETED>
<DELETED> ``(A) Annual evaluation.--An eligible
State that receives a grant under this section shall
evaluate annually the effectiveness of teacher
preparation programs and professional development
activities within the State. To the extent practicable,
such evaluation shall examine--</DELETED>
<DELETED> ``(i) teachers' contributions to
improving student academic achievement, as
measured by State academic assessments required
under section 1111(b)(3) of the Elementary and
Secondary Education Act of 1965; and</DELETED>
<DELETED> ``(ii) teacher mastery of the
academic subject matter the teachers
teach.</DELETED>
<DELETED> ``(B) Public reporting.--The eligible
State shall make the information described in
subparagraph (A) (except such information that is
individually identifiable) widely available through
public means, such as posting on the Internet,
distribution to the media, and distribution through
public agencies.</DELETED>
<DELETED> ``(C) Better measurement of
effectiveness.--</DELETED>
<DELETED> ``(i) In general.--An eligible
State that receives a grant under this section
and does not have the capacity to measure the
effectiveness of teacher preparation programs
and professional development activities within
the State using available statewide data, shall
use a portion of funds received under this
section to enhance or expand the integration of
existing data systems, as described in
subsection (c)(7)(B), or develop an integrated
statewide data system, as described in
subsection (c)(7)(C), to better measure the
effectiveness of teacher preparation programs
on student learning and achievement, and the
impact of pre-service and ongoing professional
development on teacher placement and
retention.</DELETED>
<DELETED> ``(ii) Technical quality; student
privacy; funds from other sources.--In carrying
out clause (i), the eligible State shall
ensure--</DELETED>
<DELETED> ``(I) the technical
quality of the data system to maximize
the validity, reliability, and
accessibility of the data;</DELETED>
<DELETED> ``(II) that student
privacy is protected and that
individually identifiable information
about students, their achievements, and
their families remains confidential, in
accordance with the Family Educational
Rights and Privacy Act of 1974;
and</DELETED>
<DELETED> ``(III) that funds
provided under this section are used to
supplement State efforts to enhance or
expand the integration of existing data
systems or to develop an integrated
statewide data system.</DELETED>
<DELETED> ``(e) Allowable Uses of Funds.--An eligible State that
receives a grant under this section may use the grant funds to reform
teacher preparation requirements, to coordinate with State activities
under section 2113(c) of the Elementary and Secondary Education Act of
1965 and subsections (a) and (b) of section 654 of the Individuals with
Disabilities Education Act, and to ensure that current and future
teachers are highly qualified, by carrying out any of the following
activities:</DELETED>
<DELETED> ``(1) Alternatives to traditional preparation for
teaching and state certification or licensure.--Providing
prospective teachers with alternative routes to State
certification or licensure and alternative route programs to
become highly qualified teachers through--</DELETED>
<DELETED> ``(A) innovative approaches that reduce
unnecessary barriers to State certification or
licensure while producing highly qualified
teachers;</DELETED>
<DELETED> ``(B) a selective means for admitting
individuals into such programs that includes passage of
State approved teacher examinations in appropriate
subject areas;</DELETED>
<DELETED> ``(C) programs that help prospective
teachers develop effective teaching skills and
strategies through knowledge of research-based
information on the learning process and learning
practices;</DELETED>
<DELETED> ``(D) programs that provide support to
teachers during the teachers' initial years in the
profession; and</DELETED>
<DELETED> ``(E) alternative routes to State
certification or licensure of teachers for qualified
individuals, including mid-career professionals from
other occupations, paraprofessionals, former military
personnel, and recent college graduates with records of
academic distinction.</DELETED>
<DELETED> ``(2) Innovative programs.--Planning and
implementing innovative programs to enhance the ability of
institutions of higher education, including charter colleges of
education, or university and local educational agency
partnership schools, to prepare highly qualified teachers,
which programs shall--</DELETED>
<DELETED> ``(A) permit flexibility in the manner in
which the institution of higher education meets State
requirements as long as graduates, during the
graduates' initial years in the profession, increase
student academic achievement;</DELETED>
<DELETED> ``(B) provide a description in the
application of long-term data gathered from teachers'
performance over multiple years in the classroom
regarding the teachers' ability to increase student
academic achievement;</DELETED>
<DELETED> ``(C) ensure high-quality preparation of
teachers from underrepresented groups;</DELETED>
<DELETED> ``(D) create performance measures that can
be used to document the effectiveness of innovative
methods for preparing highly qualified teachers;
and</DELETED>
<DELETED> ``(E) develop frameworks for exemplary
induction programs informed by research and best
practices.</DELETED>
<DELETED> ``(3) Teacher recruitment and retention.--
Undertaking activities that develop and implement effective
mechanisms to ensure that local educational agencies and
schools are able to recruit and retain highly qualified
teachers, which may include the following activities:</DELETED>
<DELETED> ``(A) Performance based compensation.--
Assisting local educational agencies in developing--
</DELETED>
<DELETED> ``(i) performance systems that
reward teachers who increase student academic
achievement and take on additional
responsibilities, such as teacher mentoring and
serving as master teachers; and</DELETED>
<DELETED> ``(ii) strategies that provide
differential and bonus pay in high-need local
educational agencies to recruit and retain--
</DELETED>
<DELETED> ``(I)
principals;</DELETED>
<DELETED> ``(II) highly qualified
teachers who teach in high-need
academic subject areas (such as
reading, mathematics, science, and
foreign language, including less
commonly taught languages);</DELETED>
<DELETED> ``(III) highly qualified
teachers who teach in schools
identified for school improvement under
section 1116(b) of the Elementary and
Secondary Education Act of
1965;</DELETED>
<DELETED> ``(IV) highly qualified
special education teachers;</DELETED>
<DELETED> ``(V) highly qualified
teachers specializing in teaching
children who are limited English
proficient; and</DELETED>
<DELETED> ``(VI) highly qualified
teachers in low-income urban and rural
schools or districts.</DELETED>
<DELETED> ``(B) Additional mechanisms.--Developing
and implementing effective mechanisms to ensure that
local educational agencies and schools are able to--
</DELETED>
<DELETED> ``(i) address needs identified
with respect to--</DELETED>
<DELETED> ``(I) underrepresented
groups;</DELETED>
<DELETED> ``(II) high-need academic
subject areas (such as reading,
mathematics, science, and foreign
language, including less commonly
taught languages);</DELETED>
<DELETED> ``(III) high-need areas
(such as special education, language
instruction educational programs, and
early childhood education);</DELETED>
<DELETED> ``(IV) high-need
communities, such as rural and urban
areas;</DELETED>
<DELETED> ``(V) high-need schools,
including schools with high rates of
teacher turnover; and</DELETED>
<DELETED> ``(VI) students with
disabilities and students who are
limited English proficient;</DELETED>
<DELETED> ``(ii) offer teacher mentoring for
new teachers during such teachers' initial
years of teaching; and</DELETED>
<DELETED> ``(iii) provide access to ongoing
professional development opportunities for
teachers and administrators.</DELETED>
<DELETED> ``(C) Teacher advancement.--Assisting
local educational agencies in developing teacher
advancement and retention initiatives that promote
professional growth and emphasize multiple career paths
(such as paths to becoming a highly qualified mentor
teacher or exemplary teacher) and pay
differentiation.</DELETED>
<DELETED> ``(D) Recruit qualified professionals.--
Developing recruitment programs or assisting local
educational agencies in--</DELETED>
<DELETED> ``(i) recruiting qualified
professionals from other fields, including
highly qualified paraprofessionals (as defined
in section 2102 of the Elementary and Secondary
Education Act of 1965); and</DELETED>
<DELETED> ``(ii) providing such
professionals with alternative routes to
teacher certification or licensure.</DELETED>
<DELETED> ``(E) Underrepresented populations.--
Providing increased opportunities for minorities,
individuals with disabilities, and other individuals
underrepresented in the teaching profession.</DELETED>
<DELETED> ``(F) Rural education recruitment and
retention programs.--Making grants to rural school
districts, or a consortia of rural school districts, to
implement--</DELETED>
<DELETED> ``(i) teacher recruitment
strategies, which may include tuition
assistance, student loan forgiveness, housing
assistance, bonus pay, and other effective
approaches;</DELETED>
<DELETED> ``(ii) teacher retention
strategies, such as mentoring programs and
ongoing opportunities for professional growth
and advancement; and</DELETED>
<DELETED> ``(iii) partnerships with
institutions of higher education designed to--
</DELETED>
<DELETED> ``(I) prepare beginning
teachers to teach; and</DELETED>
<DELETED> ``(II) assist teachers
(including teachers who teach multiple
subjects) to become highly
qualified.</DELETED>
<DELETED> ``(4) Teacher scholarships and support.--
Providing--</DELETED>
<DELETED> ``(A) scholarships to help students, such
as individuals who have been accepted by, or who are
enrolled in, a program of undergraduate education at an
institution of higher education, pay the costs of
tuition, room, board, and other expenses of completing
a teacher preparation program, if--</DELETED>
<DELETED> ``(i) the Secretary establishes
such requirements as the Secretary determines
necessary to ensure that recipients of
scholarships under this section who complete
teacher preparation programs--</DELETED>
<DELETED> ``(I) subsequently teach
in an early childhood education program
or a high-need local educational agency
for a period of time equivalent to the
period of time for which the recipient
received scholarship assistance, plus
an additional 1 year; or</DELETED>
<DELETED> ``(II) repay the amount of
the scholarship if the recipient does
not teach as described in subclause
(I); and</DELETED>
<DELETED> ``(ii) the eligible State provides
an assurance that the eligible State will
recruit minority students to become highly
qualified teachers;</DELETED>
<DELETED> ``(B) support services, if needed, to
enable scholarship recipients to complete postsecondary
education programs, or to move from a career outside of
the field of education into a teaching career;
and</DELETED>
<DELETED> ``(C) follow-up services to former
scholarship recipients during the recipients' initial
years of teaching.</DELETED>
<DELETED> ``(5) Teacher removal.--Developing and
implementing effective mechanisms to ensure that local
educational agencies and schools are able to expeditiously
remove incompetent or unqualified teachers consistent with
procedures to ensure due process for the teachers.</DELETED>
<DELETED> ``(6) Teacher effectiveness.--Developing--
</DELETED>
<DELETED> ``(A) systems to measure the effectiveness
of teacher preparation programs and professional
development programs; and</DELETED>
<DELETED> ``(B) strategies to document gains in
student academic achievement or increases in teacher
mastery of the academic subject matter the teachers
teach, as a result of such programs.</DELETED>
<DELETED> ``(7) Early childhood educators.--Developing
strategies to improve and expand teacher preparation programs
for early childhood educators to teach in early childhood
education programs.</DELETED>
<DELETED> ``(8) Professional development.--Developing and
enhancing high-quality professional development, instructional
materials, and relevant training materials.</DELETED>
<DELETED> ``(9) Technology.--Assisting teachers to use
technology effectively, including use for instructional
techniques and the collection, management, and analysis of data
to improve teaching, learning, and decision making for the
purpose of increasing student academic achievement.</DELETED>
<DELETED> ``(10) Areas of instructional shortage.--
Increasing the number of--</DELETED>
<DELETED> ``(A) teachers in the classroom providing
instruction in high-need academic subject areas (such
as reading, mathematics, science, and foreign language,
including less commonly taught languages) and high-need
areas (such as special education, language instruction
educational programs, and early childhood education);
and</DELETED>
<DELETED> ``(B) special education faculty dedicated
to preparing highly qualified special education
teachers at institutions of higher education.</DELETED>
<DELETED> ``(11) Technical assistance.--Providing technical
assistance to low-performing programs of teacher preparation
within institutions of higher education identified under
section 207(a).</DELETED>
<DELETED> ``(12) Evaluation support.--Performing data
collection, evaluation, and reporting to meet the requirements
of subsection (d)(3).</DELETED>
<DELETED> ``(13) Professional advancement.--Developing a
professional advancement system to--</DELETED>
<DELETED> ``(A) initiate or enhance a system in
which highly qualified teachers who pursue advanced
licensure levels are required to demonstrate increased
competencies and undertake increased responsibilities
for increased compensation as the teachers progress
through levels established by the State; or</DELETED>
<DELETED> ``(B) provide opportunities for
professional growth, including through--</DELETED>
<DELETED> ``(i) a nationally recognized
advance credentialing system; or</DELETED>
<DELETED> ``(ii) special certification in
advanced placement or international
baccalaureate content, teaching gifted and
talented students, and pedagogy.</DELETED>
<DELETED> ``(f) Supplement, Not Supplant.--Funds made available
under this section shall be used to supplement, and not supplant, other
Federal, State, and local funds that would otherwise be expended to
carry out activities under this section.</DELETED>
<DELETED>``SEC. 203. PARTNERSHIP GRANTS.</DELETED>
<DELETED> ``(a) Grants.--From amounts made available under section
209(a)(2) for a fiscal year, the Secretary is authorized to award
grants under this section, on a competitive basis, to eligible
partnerships to enable the eligible partnerships to carry out the
activities described in subsections (e) and (f).</DELETED>
<DELETED> ``(b) Definitions.--</DELETED>
<DELETED> ``(1) Eligible partnership.--</DELETED>
<DELETED> ``(A) In general.--In this part, the term
`eligible partnership' means an entity that shall
include--</DELETED>
<DELETED> ``(i) a partner
institution;</DELETED>
<DELETED> ``(ii) a school of arts and
sciences;</DELETED>
<DELETED> ``(iii) a high-need local
educational agency and a school or a consortium
of schools served by the agency; and</DELETED>
<DELETED> ``(iv) at least 1 individual or
entity described in subparagraph (B).</DELETED>
<DELETED> ``(B) Additional individuals and
entities.--In this part, the term `eligible
partnership' means an entity that shall include at
least 1 of the following:</DELETED>
<DELETED> ``(i) A Governor.</DELETED>
<DELETED> ``(ii) A State educational
agency.</DELETED>
<DELETED> ``(iii) A State board of
education.</DELETED>
<DELETED> ``(iv) A State agency for higher
education.</DELETED>
<DELETED> ``(v) A school or department
within the partner institution focusing on
education, psychology, human development, or a
department with comparable expertise in the
disciplines of teaching, learning, and child
and adolescent development.</DELETED>
<DELETED> ``(vi) An institution of higher
education or a department within such
institution, not described in subparagraph
(A).</DELETED>
<DELETED> ``(vii) A public charter
school.</DELETED>
<DELETED> ``(viii) A public or private
elementary school or secondary
school.</DELETED>
<DELETED> ``(ix) A public or private
nonprofit educational organization.</DELETED>
<DELETED> ``(x) A business.</DELETED>
<DELETED> ``(xi) A science-, mathematics-,
or technology-oriented entity.</DELETED>
<DELETED> ``(xii) An early childhood
education program.</DELETED>
<DELETED> ``(xiii) A teacher
organization.</DELETED>
<DELETED> ``(xiv) An educational service
agency.</DELETED>
<DELETED> ``(xv) A consortium of local
educational agencies.</DELETED>
<DELETED> ``(xvi) A nonprofit
telecommunications entity.</DELETED>
<DELETED> ``(2) Partner institution.--In this section, the
term `partner institution' means an institution of higher
education, which may include a 2-year institution of higher
education offering a dual program with a 4-year institution of
higher education, that has a teacher preparation program--
</DELETED>
<DELETED> ``(A) whose graduates exhibit strong
performance on State-determined qualifying assessments
for new teachers through--</DELETED>
<DELETED> ``(i) demonstrating that 80
percent or more of the graduates of the program
who intend to enter the field of teaching have
passed all of the applicable State
qualification assessments for new teachers,
which shall include an assessment of each
prospective teacher's subject matter knowledge
in the content area in which the teacher
intends to teach; or</DELETED>
<DELETED> ``(ii) being ranked among the
highest-performing teacher preparation programs
in the State as determined by the State--
</DELETED>
<DELETED> ``(I) using criteria
consistent with the requirements for
the State report card under section
206(b); and</DELETED>
<DELETED> ``(II) using the State
report card on teacher preparation
required under section 206(b), after
the first publication of such report
card and for every year thereafter;
or</DELETED>
<DELETED> ``(B) that requires all the students of
the program to meet high academic standards and
participate in intensive clinical experience, and--
</DELETED>
<DELETED> ``(i) in the case of secondary
school candidates, to successfully complete--
</DELETED>
<DELETED> ``(I) a major or its
equivalent in coursework in the
academic subject area in which the
candidate intends to teach;
or</DELETED>
<DELETED> ``(II) a related major in
the academic subject area in which the
candidate intends to teach;</DELETED>
<DELETED> ``(ii) in the case of elementary
school candidates, to successfully complete--
</DELETED>
<DELETED> ``(I) an academic major or
its equivalent in coursework in the
arts and sciences; or</DELETED>
<DELETED> ``(II) a major in
elementary education with a significant
amount of coursework in the arts and
sciences; and</DELETED>
<DELETED> ``(iii) in the case of early
childhood educators, to become fully competent
and meet degree requirements, as established by
the State.</DELETED>
<DELETED> ``(c) Application.--Each eligible partnership desiring a
grant under this section shall submit an application to the Secretary
at such time, in such manner, and accompanied by such information as
the Secretary may require. Each such application shall contain--
</DELETED>
<DELETED> ``(1) a needs assessment of all the partners with
respect to the preparation, induction, and professional
development of early childhood educators, general and special
education teachers, and principals;</DELETED>
<DELETED> ``(2) a description of the extent to which the
teacher preparation program of the eligible partnership
prepares new teachers with effective teaching skills;</DELETED>
<DELETED> ``(3) a description of how the eligible
partnership will coordinate with other teacher preparation or
professional development programs, including those funded under
the Elementary and Secondary Education Act of 1965 and the
Individuals with Disabilities Education Act, and how the
activities of the eligible partnership will be consistent with
State, local, and other education reform activities that
promote student achievement;</DELETED>
<DELETED> ``(4) a resource assessment that describes the
resources available to the eligible partnership, the intended
use of the grant funds (including a description of how the
grant funds will be fairly distributed), and the commitment of
the resources of the eligible partnership to the activities
assisted under this part, including financial support, faculty
participation, time commitments, and continuation of the
activities when the grant period ends;</DELETED>
<DELETED> ``(5) a description of--</DELETED>
<DELETED> ``(A) how the eligible partnership will
meet the purposes of this part;</DELETED>
<DELETED> ``(B) how the eligible partnership will
carry out the activities required under subsection (e)
and any permissible activities under subsection
(f);</DELETED>
<DELETED> ``(C) the eligible partnership's
evaluation plan pursuant to section 205(b);</DELETED>
<DELETED> ``(D) how the eligible partnership will
align the teacher preparation program with the
challenging student academic achievement standards,
State early learning standards for early childhood
education programs (where applicable), and challenging
academic content standards, established by the State in
which the partnership is located;</DELETED>
<DELETED> ``(E) how faculty of the teacher
preparation program at the partner institution will
serve, over the period of the grant, with highly
qualified teachers in the classrooms of the high-need
local educational agency included in the eligible
partnership;</DELETED>
<DELETED> ``(F) how the eligible partnership will
ensure that teachers, principals, and superintendents
in all schools (including private schools, as
appropriate) located in the geographic areas served by
an eligible partnership under this section are provided
information about the activities carried out with funds
under this section, including through electronic
means;</DELETED>
<DELETED> ``(G) how the eligible partnership will
design, implement, or enhance the clinical program
component, including promoting close supervision of
student teachers by faculty of the teacher preparation
program and mentor teachers while in the program and
during the student teachers' initial years of teaching
if hired by schools included in the eligible
partnership;</DELETED>
<DELETED> ``(H) how the eligible partnership will
develop or enhance an induction program that includes
high-quality professional development to support new
teachers during the teachers' initial years of teaching
that includes teacher mentoring and collaborating with
teachers in the same grade, department, or field;
and</DELETED>
<DELETED> ``(I) how the eligible partnership will
collect, analyze, use, and disseminate data on the
retention of all teachers in schools located in the
geographic areas served by the eligible partnership to
evaluate the effectiveness of its teacher support
system; and</DELETED>
<DELETED> ``(6) an assurance that the eligible partnership
will carry out each of the activities described in paragraph
(5).</DELETED>
<DELETED> ``(d) Consultation.--</DELETED>
<DELETED> ``(1) In general.--Members of an eligible
partnership that receives a grant under this section shall
engage in regular consultation throughout the development and
implementation of programs and activities under this
section.</DELETED>
<DELETED> ``(2) Regular communication.--To ensure timely and
meaningful consultation, regular communication shall occur
among all members of the eligible partnership, including the
high-need local educational agency. Such communication shall
continue throughout the implementation of the grant and the
assessment of programs and activities under this
section.</DELETED>
<DELETED> ``(3) Written consent.--The Secretary may approve
changes in grant activities only if a written consent signed by
all members of the eligible partnership is submitted to the
Secretary.</DELETED>
<DELETED> ``(e) Required Uses of Funds.--An eligible partnership
that receives a grant under this section shall use the grant funds to
carry out each of the following activities:</DELETED>
<DELETED> ``(1) Reforms.--Ensuring that each teacher
preparation program and each early childhood educator
preparation program, where applicable, of the eligible
partnership that is assisted under this section addresses the
needs identified in the needs assessment of the partnership and
is preparing current or prospective teachers to be highly
qualified, and, where applicable, early childhood educators to
be fully competent, to understand scientifically based research
and its applicability, and to use technology effectively,
including use of instructional techniques to improve student
academic achievement, and in the case of early childhood
educators, techniques to improve children's cognitive, social,
emotional, and physical development, by assisting such
programs--</DELETED>
<DELETED> ``(A) in retraining faculty;</DELETED>
<DELETED> ``(B) in designing (or redesigning)
teacher preparation programs so that such programs--
</DELETED>
<DELETED> ``(i) are based on rigorous
academic content and scientifically based
research (including scientifically based
reading research), and aligned with challenging
State academic content standards and for early
childhood educators, aligned with State early
learning standards;</DELETED>
<DELETED> ``(ii) promote effective teaching
skills;</DELETED>
<DELETED> ``(iii) promote understanding of
effective instructional strategies for students
with special needs, including students with
disabilities, students who are limited English
proficient, students who are gifted and
talented, and children in early childhood
education programs; and</DELETED>
<DELETED> ``(iv) promote high-quality
mathematics, science, and foreign language
instruction, where applicable;</DELETED>
<DELETED> ``(C) in ensuring collaboration with
departments, programs, or units outside of the teacher
preparation program in all academic content areas to
ensure a successful combination of training in both
teaching and such content; and</DELETED>
<DELETED> ``(D) in developing high-quality, rigorous
clinical experiences, lasting not less than 1 term,
through dissemination of best practices, technical
assistance, or other relevant activities.</DELETED>
<DELETED> ``(2) Clinical experience and interaction.--
Improving sustained and high-quality preservice clinical
experiences, including--</DELETED>
<DELETED> ``(A) providing teacher mentoring;
and</DELETED>
<DELETED> ``(B) substantially increasing interaction
between faculty at institutions of higher education and
new and experienced teachers, principals, and other
administrators at elementary schools or secondary
schools, and providing support, including preparation
time and release time, for such interaction.</DELETED>
<DELETED> ``(3) Support programs for new teachers.--Creating
a program to support new teachers during the initial years of
teaching (for not less than 1 year and not more than 3 years).
Such program shall promote effective teaching skills and may
include the following components:</DELETED>
<DELETED> ``(A) Development of skills in educational
interventions based on scientifically based
research.</DELETED>
<DELETED> ``(B) Development of knowledge of
scientifically based research on teaching and
learning.</DELETED>
<DELETED> ``(C) Inclusion of faculty who model the
integration of research and practice in the
classroom.</DELETED>
<DELETED> ``(D) Opportunities for--</DELETED>
<DELETED> ``(i) high-quality teacher
mentoring; and</DELETED>
<DELETED> ``(ii) additional professional
development, dissemination of evidence-based
research on educational practices, and
professional development activities.</DELETED>
<DELETED> ``(E) Interdisciplinary collaboration
among exemplary teachers, faculty, researchers, and
other staff who prepare new teachers on the learning
process and the assessment of learning.</DELETED>
<DELETED> ``(f) Allowable Uses of Funds.--An eligible partnership
that receives a grant under this section may use the grant funds to
carry out any of the following activities that address the needs
identified in the needs assessment:</DELETED>
<DELETED> ``(1) Alternatives to traditional preparation for
teaching and state certification or licensure.--The activity
described in section 202(e)(1).</DELETED>
<DELETED> ``(2) Dissemination and coordination.--Broadly
disseminating information on effective practices used by the
eligible partnership, and coordinating with the activities of
the Governor, State board of education, State agency for higher
education, State agency responsible for early childhood
education, and State educational agency, as
appropriate.</DELETED>
<DELETED> ``(3) Innovative programs.--Developing innovative
programs designed to provide graduates of programs funded under
this title with opportunities to continue their education
through supports and opportunities to improve instructional
practices in the initial years of teaching, including the
following:</DELETED>
<DELETED> ``(A) Internships.--</DELETED>
<DELETED> ``(i) Teacher preparation
enhancement internship.--Developing a 1-year
paid internship program for students who have
completed a 4-year teacher preparation program,
or alternative routes to State certification or
licensure program, to enable such students to
develop the skills and experience necessary for
success in teaching, including providing
intensive clinical training and combining in-
service instruction in teacher methods and
assessments with classroom observations,
experiences, and practices. Such interns shall
have a reduced teaching load and a mentor for
assistance in the classroom.</DELETED>
<DELETED> ``(ii) Mid-career professional
internships.--Developing a 1-year paid
internship program for mid-career professionals
from other occupations, former military
personnel, and recent college graduates from
fields other than teacher preparation with
records of academic distinction to enable such
individuals to develop the skills and
experience necessary for success in teaching,
including providing intensive clinical training
and combining in-service instruction in teacher
methods and assessments with classroom
observations, experiences, and practices. Such
interns shall have a reduced teaching load and
a mentor for assistance in the
classroom.</DELETED>
<DELETED> ``(B) Residency programs for new
teachers.--Supporting teachers in a residency program
that provides an induction period for all new general
education and special education teachers that
includes--</DELETED>
<DELETED> ``(i) a forum for information
sharing among prospective teachers, teachers,
principals, administrators, and participating
faculty in the partner institution;
and</DELETED>
<DELETED> ``(ii) the application of
scientifically based research on teaching and
learning generated by entities such as the
Institute of Education Sciences, and the
National Research Council of the National
Academies.</DELETED>
<DELETED> ``(C) Pathways for paraprofessionals to
enter teaching.--Creating intensive programs to provide
the coursework and clinical experiences needed by
highly qualified paraprofessionals, as defined in
section 2102 of the Elementary and Secondary Education
Act of 1965, to qualify for State teacher certification
or licensure.</DELETED>
<DELETED> ``(4) Managerial and leadership skills.--
Developing and implementing proven mechanisms to provide
principals and superintendents with effective managerial,
leadership, curricula, and instructional skills that result in
increased student academic achievement.</DELETED>
<DELETED> ``(5) Teacher scholarships and support.--
Providing--</DELETED>
<DELETED> ``(A) scholarships to help students, such
as individuals who have been accepted by, or who are
enrolled in, a program of undergraduate education at an
institution of higher education, pay the costs of
tuition, room, board, and other expenses of completing
a teacher preparation program, if--</DELETED>
<DELETED> ``(i) the Secretary establishes
such requirements as the Secretary determines
necessary to ensure that recipients of
scholarships under this paragraph who complete
teacher preparation programs--</DELETED>
<DELETED> ``(I) subsequently teach
in a high-need local educational agency
for a period of time equivalent to the
period of time for which the recipient
received the scholarship assistance,
plus an additional 1 year; or</DELETED>
<DELETED> ``(II) repay the amount of
the scholarship if the recipient does
not teach as described in subclause
(I); and</DELETED>
<DELETED> ``(ii) the eligible partnership
provides an assurance that the eligible
partnership will recruit minority students to
become highly qualified teachers;</DELETED>
<DELETED> ``(B) support services, if needed, to
enable scholarship recipients to complete postsecondary
education programs, or to transition from a career
outside of the field of education into a teaching
career; and</DELETED>
<DELETED> ``(C) follow-up services for former
scholarship recipients during the recipients' initial
years of teaching.</DELETED>
<DELETED> ``(6) Coordination with community colleges.--
</DELETED>
<DELETED> ``(A) Teacher preparation programs.--
Coordinating with 2-year institutions of higher
education to implement teacher preparation programs,
including through distance learning, for the purposes
of allowing prospective teachers--</DELETED>
<DELETED> ``(i) to obtain a bachelor's
degree and State certification or licensure;
and</DELETED>
<DELETED> ``(ii) to become highly qualified
teachers.</DELETED>
<DELETED> ``(B) Professional development.--
Coordinating with 2-year institutions of higher
education to provide professional development that--
</DELETED>
<DELETED> ``(i) improves the academic
content knowledge of teachers in the academic
subject areas in which the teachers are
certified or licensed to teach, or in which the
teachers are working toward certification or
licensure to teach; and</DELETED>
<DELETED> ``(ii) promotes effective teaching
skills.</DELETED>
<DELETED> ``(7) Clinical experience in science, mathematics,
and technology.--Creating opportunities for clinical experience
and training for teachers and prospective teachers through
participation with professionals in business, research, and
work environments in areas relating to science, mathematics,
and technology, including opportunities for using laboratory
equipment.</DELETED>
<DELETED> ``(8) Professional development.--Creating
opportunities for enhanced and ongoing professional development
for experienced general education and special education
teachers, early childhood educators, principals,
administrators, and faculty.</DELETED>
<DELETED> ``(9) Technology.--The activity described in
section 202(e)(9).</DELETED>
<DELETED> ``(10) Areas of instructional shortage.--
Increasing the number of--</DELETED>
<DELETED> ``(A) teachers in the classroom providing
instruction in high-need academic subject areas (such
as reading, mathematics, science, and foreign language,
including less commonly taught languages), and high-
need areas (such as special education, language
instruction educational programs, and early childhood
education);</DELETED>
<DELETED> ``(B) special education faculty dedicated
to preparing highly qualified special education
teachers at institutions of higher education;
and</DELETED>
<DELETED> ``(C) faculty at institutions of higher
education with expertise in instruction of students who
are limited English proficient.</DELETED>
<DELETED> ``(11) Improving instruction.--Improving
instruction by--</DELETED>
<DELETED> ``(A) improving understanding and
instruction in core academic subjects and other,
specialized courses, such as geography, American
history and government, and world history;
and</DELETED>
<DELETED> ``(B) creating externships for teachers
and prospective teachers for field experience and
training through participation in business, research,
and work environments in high-need academic subject
areas (such as reading, mathematics, science, and
foreign language, including less commonly taught
languages) and high-need areas (such as special
education, language instruction educational programs,
and early childhood education).</DELETED>
<DELETED> ``(12) Graduate programs.--Developing, in
collaboration with departments, programs, or units of both
academic content and teacher education within a partner
institution, master's degree programs that meet the
demonstrated needs of teachers in the high-need local
educational agency participating in the eligible partnership
for content expertise and teaching skills.</DELETED>
<DELETED> ``(13) Literacy teacher training.--Establishing
and implementing a program that strengthens content knowledge
and teaching skills of secondary school teachers in literacy
that--</DELETED>
<DELETED> ``(A) provides teacher training and
stipends for literacy coaches who train classroom
teachers to implement literacy programs;</DELETED>
<DELETED> ``(B) develops or redesigns rigorous
research-based curricula that are aligned with
challenging State and local academic content standards,
and with postsecondary standards for reading and
writing;</DELETED>
<DELETED> ``(C) provides training and stipends for
teachers to tutor students with intense individualized
reading, writing, and subject matter instruction during
or beyond the school day;</DELETED>
<DELETED> ``(D) provides opportunities for teachers
to plan and assess instruction with other teachers,
school leaders, and faculty at institutions of higher
education; and</DELETED>
<DELETED> ``(E) establishes an evaluation and
accountability plan for activities conducted under this
paragraph to measure the impact of such
activities.</DELETED>
<DELETED> ``(g) Construction.--Nothing in this section shall be
construed to prohibit an eligible partnership from using grant funds to
coordinate with the activities of eligible partnerships in other States
or on a regional basis through Governors, State boards of education,
State educational agencies, State agencies responsible for early
childhood education, local educational agencies, or State agencies for
higher education.</DELETED>
<DELETED> ``(h) Supplement, Not Supplant.--Funds made available
under this section shall be used to supplement, and not supplant, other
Federal, State, and local funds that would otherwise be expended to
carry out activities under this section.</DELETED>
<DELETED>``SEC. 204. ADMINISTRATIVE PROVISIONS.</DELETED>
<DELETED> ``(a) Duration; Number of Awards; Payments.--</DELETED>
<DELETED> ``(1) Duration.--</DELETED>
<DELETED> ``(A) Eligible states.--Grants awarded to
eligible States under this part shall be awarded for a
period not to exceed 3 years.</DELETED>
<DELETED> ``(B) Eligible partnerships.--Grants
awarded to eligible partnerships under this part shall
be awarded for a period of 5 years.</DELETED>
<DELETED> ``(2) Number of awards.--An eligible partnership
may not receive more than 1 grant during a 5-year period.
Nothing in this title shall be construed to prohibit an
individual member, that can demonstrate need, of an eligible
partnership that receives a grant under this title from
entering into another eligible partnership consisting of new
members and receiving a grant with such other eligible
partnership before the 5-year period described in the preceding
sentence applicable to the eligible partnership with which the
individual member has first partnered has expired.</DELETED>
<DELETED> ``(3) Payments.--The Secretary shall make annual
payments of grant funds awarded under this part.</DELETED>
<DELETED> ``(b) Peer Review.--</DELETED>
<DELETED> ``(1) Panel.--The Secretary shall provide the
applications submitted under this part to a peer review panel
for evaluation. With respect to each application, the peer
review panel shall initially recommend the application for
funding or for disapproval.</DELETED>
<DELETED> ``(2) Priority.--In recommending applications to
the Secretary for funding under this part, the panel shall--
</DELETED>
<DELETED> ``(A) with respect to grants under section
202, give priority to eligible States--</DELETED>
<DELETED> ``(i) that have innovative reforms
to hold institutions of higher education with
teacher preparation programs accountable for
preparing teachers to become highly qualified
and have effective teaching skills;</DELETED>
<DELETED> ``(ii) that have innovative
efforts aimed at reducing the shortage of
highly qualified general and special education
teachers, including in low-income urban and
rural areas and in high-need academic subject
areas (such as reading, mathematics, science,
and foreign language, including less commonly
taught languages); and</DELETED>
<DELETED> ``(iii) whose awards promote an
equitable geographic distribution of grants
among rural and urban areas; and</DELETED>
<DELETED> ``(B) with respect to grants under section
203, give priority--</DELETED>
<DELETED> ``(i) to applications from broad-
based eligible partnerships that involve
businesses and community organizations;
and</DELETED>
<DELETED> ``(ii) to eligible partnerships so
that the awards promote an equitable geographic
distribution of grants among rural and urban
areas.</DELETED>
<DELETED> ``(3) Secretarial selection.--The Secretary shall
determine, based on the peer review process, which applications
shall receive funding and the amounts of the grants. In
determining grant amounts, the Secretary shall take into
account the total amount of funds available for all grants
under this part and the types of activities proposed to be
carried out.</DELETED>
<DELETED> ``(c) Matching Requirements.--</DELETED>
<DELETED> ``(1) State grants.--Each eligible State receiving
a grant under section 202 shall provide, from non-Federal
sources, an amount equal to 50 percent of the amount of the
grant (in cash or in kind) to carry out the activities
supported by the grant.</DELETED>
<DELETED> ``(2) Partnership grants.--Each eligible
partnership receiving a grant under section 203 shall provide,
from non-Federal sources (in cash or in kind), an amount equal
to 25 percent of the amount of the grant for the first year of
the grant, 35 percent of the amount of the grant for the second
year of the grant, and 50 percent of the amount of the grant
for each succeeding year of the grant.</DELETED>
<DELETED> ``(d) Limitation on Administrative Expenses.--An eligible
State or eligible partnership that receives a grant under this part may
use not more than 2 percent of the grant funds for purposes of
administering the grant.</DELETED>
<DELETED> ``(e) Additional Activities.--The Secretary shall use
funds repaid pursuant to section 202(e)(4)(A)(i)(II) or section
203(f)(5)(A)(i)(II) to carry out additional activities under section
202 or 203, respectively.</DELETED>
<DELETED>``SEC. 205. ACCOUNTABILITY AND EVALUATION.</DELETED>
<DELETED> ``(a) State Grant Accountability Report.--An eligible
State that receives a grant under section 202 shall submit an annual
accountability report to the Secretary and the authorizing committees.
Such report shall include a description of the degree to which the
eligible State, in using funds provided under such section, has made
progress in meeting the purposes of this part and substantial progress
in meeting the following goals, as applicable:</DELETED>
<DELETED> ``(1) Student academic achievement.--Increasing
student academic achievement for all students as defined by the
eligible State.</DELETED>
<DELETED> ``(2) Raising standards.--Raising the State
academic standards required to enter the teaching profession as
a highly qualified teacher, and where applicable, as a fully
competent early childhood educator.</DELETED>
<DELETED> ``(3) Initial certification or licensure.--
Increasing success in the pass rates and scaled scores for
initial State teacher certification or licensure, or increasing
the numbers of qualified individuals being certified or
licensed as teachers through alternative routes to State
certification or licensure programs.</DELETED>
<DELETED> ``(4) Percentage of highly qualified teachers.--
Providing data on the progress of the State towards meeting the
highly qualified teacher requirements under section 1119(a)(2)
of the Elementary and Secondary Education Act of
1965.</DELETED>
<DELETED> ``(5) Decreasing teacher shortages.--Decreasing
shortages of--</DELETED>
<DELETED> ``(A) highly qualified teachers in--
</DELETED>
<DELETED> ``(i) low-income urban and rural
areas;</DELETED>
<DELETED> ``(ii) high-need academic subject
areas (such as reading, mathematics, science,
and foreign language, including less commonly
taught languages);</DELETED>
<DELETED> ``(iii) special education;
and</DELETED>
<DELETED> ``(iv) high-need areas (such as
special education, language instruction
educational programs, and early childhood
education); and</DELETED>
<DELETED> ``(B) fully competent early childhood
educators.</DELETED>
<DELETED> ``(6) Increasing opportunities for professional
development.--Increasing opportunities for enhanced and ongoing
professional development that--</DELETED>
<DELETED> ``(A) improves the academic content
knowledge of teachers in the academic subject areas in
which the teachers are certified or licensed to teach
or in which the teachers are working toward
certification or licensure to teach; and</DELETED>
<DELETED> ``(B) promotes effective teaching
skills.</DELETED>
<DELETED> ``(b) Eligible Partnership Evaluation.--Each eligible
partnership submitting an application for a grant under section 203
shall establish and include in such application, an evaluation plan
that includes strong performance objectives. The plan shall include
objectives and measures for increasing--</DELETED>
<DELETED> ``(1) student achievement for all students as
measured by the eligible partnership;</DELETED>
<DELETED> ``(2) teacher retention in the first 3 years of a
teacher's career;</DELETED>
<DELETED> ``(3) success in the pass rates and scaled scores
for initial State certification or licensure of
teachers;</DELETED>
<DELETED> ``(4) the percentage of highly qualified teachers
hired by the high-need local educational agency participating
in the eligible partnership; and</DELETED>
<DELETED> ``(5) the percentage of--</DELETED>
<DELETED> ``(A) highly qualified teachers among
underrepresented groups, in high-need academic subject
areas (such as reading, mathematics, science, and
foreign language, including less commonly taught
languages), in high-need areas (such as special
education, language instruction educational programs,
and early childhood education), and in high-need
schools;</DELETED>
<DELETED> ``(B) elementary school, middle school,
and secondary school classes taught by teachers who are
highly qualified;</DELETED>
<DELETED> ``(C) early childhood education program
classes taught by providers who are fully competent;
and</DELETED>
<DELETED> ``(D) highly qualified special education
teachers.</DELETED>
<DELETED> ``(c) Revocation of Grant.--</DELETED>
<DELETED> ``(1) Eligible states.--If the Secretary
determines that an eligible State is not making substantial
progress in meeting the purposes, goals, objectives, and
measures, as appropriate, by the end of the second year of a
grant under this part, then the grant payment shall not be made
for the third year of the grant.</DELETED>
<DELETED> ``(2) Eligible partnerships.--If the Secretary
determines that an eligible partnership is not making
substantial progress in meeting the purposes, goals,
objectives, and measures, as appropriate, by the end of the
third year of a grant under this part, then the grant payments
shall not be made for any succeeding year of the
grant.</DELETED>
<DELETED> ``(d) Evaluation and Dissemination.--The Secretary shall
evaluate the activities funded under this part and report the
Secretary's findings regarding the activities to the authorizing
committees. The Secretary shall broadly disseminate--</DELETED>
<DELETED> ``(1) successful practices developed by eligible
States and eligible partnerships under this part; and</DELETED>
<DELETED> ``(2) information regarding such practices that
were found to be ineffective.</DELETED>
<DELETED>``SEC. 206. ACCOUNTABILITY FOR PROGRAMS THAT PREPARE
TEACHERS.</DELETED>
<DELETED> ``(a) Institutional and Program Report Cards on the
Quality of Teacher Preparation.--</DELETED>
<DELETED> ``(1) Report card.--Each institution of higher
education that conducts a traditional teacher preparation
program or an alternative routes to State certification or
licensure program and that enrolls students receiving Federal
assistance under this Act shall report annually to the State
and the general public, in a uniform and comprehensible manner
that conforms with the definitions and methods established by
the Secretary, both for traditional teacher preparation
programs and alternative routes to State certification or
licensure programs, the following information:</DELETED>
<DELETED> ``(A) Pass rates and scaled scores.--For
the most recent year for which the information is
available for those students who are enrolled in the
traditional teacher preparation program or alternative
routes to State certification or licensure program, or
who have completed the traditional teacher preparation
program or alternative routes to State certification or
licensure program during the 2-year period preceding
such year, for each of the assessments used for teacher
certification or licensure by the State in which the
program is located--</DELETED>
<DELETED> ``(i) the percentage of students
who have completed 100 percent of the
nonclinical coursework and taken the assessment
who pass such assessment;</DELETED>
<DELETED> ``(ii) the percentage of all
students who passed each such
assessment;</DELETED>
<DELETED> ``(iii) the percentage of students
taking an assessment who completed the teacher
preparation program after enrolling in the
program, which shall be made available widely
and publicly by the State;</DELETED>
<DELETED> ``(iv) the average scaled score
for all students who passed each such
assessment;</DELETED>
<DELETED> ``(v) a comparison of the
program's pass rates with the average pass
rates for programs in the State; and</DELETED>
<DELETED> ``(vi) a comparison of the
program's average scaled scores with the
average scaled scores for programs in the
State.</DELETED>
<DELETED> ``(B) Program information.--The criteria
for admission into the program, the number of students
in the program (disaggregated by race and gender), the
average number of hours of supervised clinical
experience required for those in the program, the
number of full-time equivalent faculty and students in
the supervised clinical experience, and the total
number of students who have been certified or licensed
as teachers, disaggregated by subject and area of
certification or licensure.</DELETED>
<DELETED> ``(C) Statement.--In States that require
approval or accreditation of teacher preparation
programs, a statement of whether the institution's
program is so approved or accredited, and by
whom.</DELETED>
<DELETED> ``(D) Designation as low-performing.--
Whether the program has been designated as low-
performing by the State under section 207(a).</DELETED>
<DELETED> ``(E) Use of technology.--A description of
the activities that prepare teachers to effectively
integrate technology into curricula and instruction and
effectively use technology to collect, manage, and
analyze data in order to improve teaching, learning,
and decision making for the purpose of increasing
student academic achievement.</DELETED>
<DELETED> ``(2) Report.--Each eligible partnership receiving
a grant under section 203 shall report annually on the progress
of the eligible partnership toward meeting the purposes of this
part and the objectives and measures described in section
205(b).</DELETED>
<DELETED> ``(3) Fines.--The Secretary may impose a fine not
to exceed $25,000 on an institution of higher education for
failure to provide the information described in this subsection
in a timely or accurate manner.</DELETED>
<DELETED> ``(4) Special rule.--In the case of an institution
of higher education that conducts a traditional teacher
preparation program or an alternative routes to State
certification or licensure program and has fewer than 10 scores
reported on any single initial teacher certification or
licensure assessment during an academic year, the institution
shall collect and publish information, as required under
paragraph (1)(A), with respect to an average pass rate and
scaled score on each State certification or licensure
assessment taken over a 3-year period.</DELETED>
<DELETED> ``(b) State Report Card on the Quality of Teacher
Preparation.--</DELETED>
<DELETED> ``(1) In general.--Each State that receives funds
under this Act shall provide to the Secretary, annually, in a
uniform and comprehensible manner that conforms with the
definitions and methods established by the Secretary, a State
report card on the quality of teacher preparation in the State,
both for traditional teacher preparation programs and for
alternative routes to State certification or licensure
programs, which shall include not less than the
following:</DELETED>
<DELETED> ``(A) A description of reliability and
validity of the teacher certification and licensure
assessments, and any other certification and licensure
requirements, used by the State.</DELETED>
<DELETED> ``(B) The standards and criteria that
prospective teachers must meet in order to attain
initial teacher certification or licensure and to be
certified or licensed to teach particular academic
subject areas or in particular grades within the
State.</DELETED>
<DELETED> ``(C) A description of how the assessments
and requirements described in subparagraph (A) are
aligned with the State's challenging academic content
standards required under section 1111(b)(1) of the
Elementary and Secondary Education Act of 1965 and
State early learning standards for early childhood
education programs.</DELETED>
<DELETED> ``(D) For each of the assessments used by
the State for teacher certification or licensure--
</DELETED>
<DELETED> ``(i) for each institution of
higher education located in the State and each
entity located in the State that offers an
alternative route for teacher certification or
licensure, the percentage of students at such
institution or entity who have completed 100
percent of the nonclinical coursework and taken
the assessment who pass such
assessment;</DELETED>
<DELETED> ``(ii) the percentage of all such
students at all such institutions taking the
assessment who pass such assessment;
and</DELETED>
<DELETED> ``(iii) the percentage of students
taking an assessment who completed the teacher
preparation program after enrolling in the
program, which shall be made available widely
and publicly by the State.</DELETED>
<DELETED> ``(E) A description of alternative routes
to State certification or licensure in the State, if
any, including, for each of the assessments used by the
State for teacher certification or licensure--
</DELETED>
<DELETED> ``(i) the percentage of
individuals participating in such routes, or
who have completed such routes during the 2-
year period preceding the date of the
determination, who passed each such assessment;
and</DELETED>
<DELETED> ``(ii) the average scaled score of
individuals participating in such routes, or
who have completed such routes during the
period preceding the date of the determination,
who passed each such assessment.</DELETED>
<DELETED> ``(F) A description of the State's
criteria for assessing the performance of teacher
preparation programs within institutions of higher
education in the State. Such criteria shall include
indicators of the academic content knowledge and
teaching skills of students enrolled in such
programs.</DELETED>
<DELETED> ``(G) For each teacher preparation program
in the State, the criteria for admission into the
program, the number of students in the program
(disaggregated by race and gender), the average number
of hours of supervised clinical experience required for
those in the program, and the number of full-time
equivalent faculty, adjunct faculty, and students in
supervised clinical experience.</DELETED>
<DELETED> ``(H) For the State as a whole, and for
each teacher preparation program in the State, the
number of teachers prepared, in the aggregate and
reported separately by--</DELETED>
<DELETED> ``(i) area of certification or
licensure;</DELETED>
<DELETED> ``(ii) academic major;
and</DELETED>
<DELETED> ``(iii) subject area for which the
teacher has been prepared to teach.</DELETED>
<DELETED> ``(I) Using the data generated under
subparagraphs (G) and (H), a description of the extent
to which teacher preparation programs are helping to
address shortages of highly qualified teachers, by area
of certification or licensure, subject, and specialty,
in the State's public schools, including those areas
described in section 205(a)(5).</DELETED>
<DELETED> ``(J) A description of the activities that
prepare teachers to effectively integrate technology
into curricula and instruction and effectively use
technology to collect, manage, and analyze data in
order to improve teaching, learning, and decision
making for the purpose of increasing student academic
achievement.</DELETED>
<DELETED> ``(2) Prohibition against creating a national
list.--The Secretary shall not create a national list or
ranking of States or schools using the scaled scores provided
under this subsection.</DELETED>
<DELETED> ``(c) Report of the Secretary on the Quality of Teacher
Preparation.--</DELETED>
<DELETED> ``(1) Report card.--The Secretary shall provide to
Congress, and publish and make widely available, a report card
on teacher qualifications and preparation in the United States,
including all the information reported in subparagraphs (A)
through (J) of subsection (b)(1). Such report shall identify
States for which eligible States and eligible partnerships
received a grant under this part. Such report shall be so
provided, published, and made available annually.</DELETED>
<DELETED> ``(2) Report to congress.--The Secretary shall
prepare and submit a report to Congress that contains the
following:</DELETED>
<DELETED> ``(A) A comparison of States efforts to
improve the quality of the current and future teaching
force.</DELETED>
<DELETED> ``(B) A comparison of eligible
partnerships' efforts to improve the quality of the
current and future teaching force.</DELETED>
<DELETED> ``(C) The national mean and median scaled
scores and pass rate on any standardized test that is
used in more than 1 State for teacher certification or
licensure.</DELETED>
<DELETED> ``(3) Special rule.--In the case of a teacher
preparation program with fewer than 10 scores reported on any
single initial teacher certification or licensure assessment
during an academic year, the Secretary shall collect and
publish information, and make publicly available, with respect
to an average pass rate and scaled score on each State
certification or licensure assessment taken over a 3-year
period.</DELETED>
<DELETED> ``(d) Coordination.--The Secretary, to the extent
practicable, shall coordinate the information collected and published
under this part among States for individuals who took State teacher
certification or licensure assessments in a State other than the State
in which the individual received the individual's most recent
degree.</DELETED>
<DELETED>``SEC. 207. STATE FUNCTIONS.</DELETED>
<DELETED> ``(a) State Assessment.--In order to receive funds under
this Act, a State shall have in place a procedure to identify and
assist, through the provision of technical assistance, low-performing
programs of teacher preparation. Such State shall provide the Secretary
an annual list of such low-performing teacher preparation programs that
includes an identification of those programs at risk of being placed on
such list. Such levels of performance shall be determined solely by the
State and may include criteria based on information collected pursuant
to this part. Such assessment shall be described in the report under
section 206(b).</DELETED>
<DELETED> ``(b) Termination of Eligibility.--Any program of teacher
preparation from which the State has withdrawn the State's approval, or
terminated the State's financial support, due to the low performance of
the program based upon the State assessment described in subsection
(a)--</DELETED>
<DELETED> ``(1) shall be ineligible for any funding for
professional development activities awarded by the
Department;</DELETED>
<DELETED> ``(2) shall not be permitted to accept or enroll
any student that receives aid under title IV in the
institution's teacher preparation program; and</DELETED>
<DELETED> ``(3) shall provide transitional support,
including remedial services if necessary, for students enrolled
at the institution at the time of termination of financial
support or withdrawal of approval.</DELETED>
<DELETED> ``(c) Negotiated Rulemaking.--If the Secretary develops
any regulations implementing subsection (b)(2), the Secretary shall
submit such proposed regulations to a negotiated rulemaking process,
which shall include representatives of States, institutions of higher
education, and educational and student organizations.</DELETED>
<DELETED> ``(d) Application of the Requirements.--The requirements
of this section shall apply to both traditional teacher preparation
programs and alternative routes to State certification and licensure
programs.</DELETED>
<DELETED>``SEC. 208. GENERAL PROVISIONS.</DELETED>
<DELETED> ``(a) Methods.--In complying with sections 206 and 207,
the Secretary shall ensure that States and institutions of higher
education use fair and equitable methods in reporting and that the
reporting methods do not allow identification of individuals.</DELETED>
<DELETED> ``(b) Special Rule.--For each State that does not use
content assessments as a means of ensuring that all teachers teaching
in core academic subjects within the State are highly qualified not
later than the end of the 2005-2006 school year, as required under
section 1119 of the Elementary and Secondary Education Act of 1965, and
that each person employed as a special education teacher in the State
who teaches elementary school, middle school, or secondary school is
highly qualified by such deadline, as required under section
612(a)(14)(C) of the Individuals with Disabilities Education Act,--
</DELETED>
<DELETED> ``(1) the Secretary shall, to the extent
practicable, collect data comparable to the data required under
this part from States, local educational agencies, institutions
of higher education, or other entities that administer such
assessments to teachers or prospective teachers; and</DELETED>
<DELETED> ``(2) notwithstanding any other provision of this
part, the Secretary shall use such data to carry out
requirements of this part related to assessments, pass rates,
and scaled scores.</DELETED>
<DELETED> ``(c) Limitations.--</DELETED>
<DELETED> ``(1) Federal control prohibited.--Nothing in this
title shall be construed to permit, allow, encourage, or
authorize any Federal control over any aspect of any private,
religious, or home school, whether or not a home school is
treated as a private school or home school under State law.
This section shall not be construed to prohibit private,
religious, or home schools from participation in programs or
services under this title.</DELETED>
<DELETED> ``(2) No change in state control encouraged or
required.--Nothing in this title shall be construed to
encourage or require any change in a State's treatment of any
private, religious, or home school, whether or not a home
school is treated as a private school or home school under
State law.</DELETED>
<DELETED> ``(3) National system of teacher certification or
licensure prohibited.--Nothing in this title shall be construed
to permit, allow, encourage, or authorize the Secretary to
establish or support any national system of teacher
certification or licensure.</DELETED>
<DELETED> ``(d) Release of Information to Teacher Preparation
Programs.--</DELETED>
<DELETED> ``(1) In general.--For the purpose of improving
teacher preparation programs, a State educational agency shall
provide to a teacher preparation program, upon the request of
the teacher preparation program, any and all pertinent
education-related information that--</DELETED>
<DELETED> ``(A) may enable the teacher preparation
program to evaluate the effectiveness of the program's
graduates or the program itself; and</DELETED>
<DELETED> ``(B) is possessed, controlled, or
accessible by the State educational agency.</DELETED>
<DELETED> ``(2) Content of information.--The information
described in paragraph (1)--</DELETED>
<DELETED> ``(A) shall include an identification of
specific individuals who graduated from the teacher
preparation program to enable the teacher preparation
program to evaluate the information provided to the
program from the State educational agency with the
program's own data about the specific courses taken by,
and field experiences of, the individual graduates;
and</DELETED>
<DELETED> ``(B) may include--</DELETED>
<DELETED> ``(i) kindergarten through grade
12 academic achievement and demographic data,
without individual identifying information, for
students who have been taught by graduates of
the teacher preparation program; and</DELETED>
<DELETED> ``(ii) teacher effectiveness
evaluations for teachers who graduated from the
teacher preparation program.</DELETED>
<DELETED>``SEC. 209. AUTHORIZATION OF APPROPRIATIONS.</DELETED>
<DELETED> ``(a) In General.--There are authorized to be appropriated
to carry out this part such sums as may be necessary for fiscal year
2006 and each of the 5 succeeding fiscal years, of which--</DELETED>
<DELETED> ``(1) 50 percent shall be available for each
fiscal year to award grants under section 202; and</DELETED>
<DELETED> ``(2) 50 percent shall be available for each
fiscal year to award grants under section 203.</DELETED>
<DELETED> ``(b) Special Rule.--If the Secretary determines that
there is an insufficient number of meritorious applications for grants
under section 202 or 203 to justify awarding the full amount described
in paragraph (1) or (2) of subsection (a), respectively, the Secretary
may, after funding the meritorious applications, use the remaining
funds for grants under the other such section.''.</DELETED>
<DELETED>TITLE III--INSTITUTIONAL AID</DELETED>
<DELETED>SEC. 301. PROGRAM PURPOSE.</DELETED>
<DELETED> Section 311 (20 U.S.C. 1057) is amended--</DELETED>
<DELETED> (1) in subsection (b)--</DELETED>
<DELETED> (A) in paragraph (1), by striking ``351''
and inserting ``391''; and</DELETED>
<DELETED> (B) in paragraph (3)(F), by inserting ``,
including services that will assist in the education of
special populations'' before the period; and</DELETED>
<DELETED> (2) in subsection (c)--</DELETED>
<DELETED> (A) in paragraph (6), by inserting ``,
including innovative, customized, remedial education
and English language instruction courses designed to
help retain students and move the students rapidly into
core courses and through program completion'' before
the period;</DELETED>
<DELETED> (B) by redesignating paragraphs (7)
through (12) as paragraphs (8) through (13),
respectively;</DELETED>
<DELETED> (C) by inserting after paragraph (6) the
following:</DELETED>
<DELETED> ``(7) Education or counseling services designed to
improve the financial literacy and economic literacy of
students or the students' parents.''; and</DELETED>
<DELETED> (D) in the matter preceding subparagraph
(A) of paragraph (13) (as redesignated by subparagraph
(B)), by striking ``subsection (c)'' and inserting
``subsection (b) and section 391''.</DELETED>
<DELETED>SEC. 302. DEFINITIONS; ELIGIBILITY.</DELETED>
<DELETED> Section 312 (20 U.S.C. 1058) is amended--</DELETED>
<DELETED> (1) in subsection (b)(1)(A), by striking
``subsection (c) of this section'' and inserting ``subsection
(d)''; and</DELETED>
<DELETED> (2) in subsection (d)(2), by striking
``subdivision'' and inserting ``paragraph''.</DELETED>
<DELETED>SEC. 303. AMERICAN INDIAN TRIBALLY CONTROLLED COLLEGES AND
UNIVERSITIES.</DELETED>
<DELETED> Section 316 (20 U.S.C. 1059c) is amended--</DELETED>
<DELETED> (1) by striking subsection (b)(3) and inserting
the following:</DELETED>
<DELETED> ``(3) Tribal college or university.--The term
`Tribal College or University' means an institution that meets
the definition of a tribally controlled college or university
in section 2 of the Tribally Controlled College or University
Assistance Act of 1978 (25 U.S.C. 1801).'';</DELETED>
<DELETED> (2) in subsection (c)(2)--</DELETED>
<DELETED> (A) in subparagraph (B), by inserting
before the semicolon at the end the following: ``and
the acquisition of real property adjacent to the campus
of the institution'';</DELETED>
<DELETED> (B) by redesignating subparagraphs (G),
(H), (I), (J), (K), and (L) as subparagraphs (H), (I),
(J), (K), (L), and (N), respectively;</DELETED>
<DELETED> (C) by inserting after subparagraph (F)
the following:</DELETED>
<DELETED> ``(G) education or counseling services
designed to improve the financial literacy and economic
literacy of students or parents of
students;'';</DELETED>
<DELETED> (D) in subparagraph (L) (as redesignated
by subparagraph (B)), by striking ``and'' after the
semicolon;</DELETED>
<DELETED> (E) by inserting after subparagraph (L)
(as redesignated by subparagraph (B)) the
following:</DELETED>
<DELETED> ``(M) developing or improving facilities
for Internet use or other distance learning academic
instruction capabilities; and''; and</DELETED>
<DELETED> (F) in subparagraph (N) (as redesignated
by subparagraph (B)), by striking ``subparagraphs (A)
through (K)'' and inserting ``subparagraphs (A) through
(M)''; and</DELETED>
<DELETED> (3) by striking subsection (d) and inserting the
following:</DELETED>
<DELETED> ``(d) Application, Plan, and Allocation.--</DELETED>
<DELETED> ``(1) Institutional eligibility.--To be eligible
to receive assistance under this section, a Tribal College or
University shall be an eligible institution under section
312(b).</DELETED>
<DELETED> ``(2) Application.--</DELETED>
<DELETED> ``(A) In general.--A Tribal College or
University desiring to receive assistance under this
section shall submit an application to the Secretary at
such time, and in such manner, as the Secretary may
reasonably require.</DELETED>
<DELETED> ``(B) Streamlined process.--The Secretary
shall establish application requirements in such a
manner as to simplify and streamline the process for
applying for grants.</DELETED>
<DELETED> ``(3) Allocations to institutions.--</DELETED>
<DELETED> ``(A) Construction grants.--</DELETED>
<DELETED> ``(i) In general.--Of the amount
appropriated to carry out this section for any
fiscal year, the Secretary may reserve 30
percent for the purpose of awarding 1-year
grants of not less than $1,000,000 to address
maintenance and renovation needs at eligible
institutions.</DELETED>
<DELETED> ``(ii) Preference.--In providing
grants under clause (i), the Secretary shall
give preference to eligible institutions that
have not yet received an award under this
section.</DELETED>
<DELETED> ``(B) Allotment of remaining funds.--
</DELETED>
<DELETED> ``(i) In general.--Except as
provided in clause (ii), the Secretary shall
distribute the remaining funds appropriated for
any fiscal year to each eligible institution as
follows:</DELETED>
<DELETED> ``(I) 60 percent of the
remaining appropriated funds shall be
distributed among the eligible Tribal
Colleges and Universities on a pro rata
basis, based on the respective Indian
student counts (as defined in section
2(a) of the Tribally Controlled College
or University Assistance Act of 1978
(25 U.S.C. 1801(a)) of the Tribal
Colleges and Universities;
and</DELETED>
<DELETED> ``(II) the remaining 40
percent shall be distributed in equal
shares to eligible Tribal Colleges and
Universities.</DELETED>
<DELETED> ``(ii) Minimum grant.--The amount
distributed to a Tribal College or University
under clause (i) shall not be less than
$500,000.</DELETED>
<DELETED> ``(4) Special rules.--</DELETED>
<DELETED> ``(A) Concurrent funding.--For the
purposes of this part, no Tribal College or University
that is eligible for and receives funds under this
section shall concurrently receive funds under other
provisions of this part or part B.</DELETED>
<DELETED> ``(B) Exemption.--Section 313(d) shall not
apply to institutions that are eligible to receive
funds under this section.''.</DELETED>
<DELETED>SEC. 304. ALASKA NATIVE AND NATIVE HAWAIIAN-SERVING
INSTITUTIONS.</DELETED>
<DELETED> Section 317(c)(2) (20 U.S.C. 1059d(c)(2)) is amended--
</DELETED>
<DELETED> (1) in subparagraph (G), by striking ``and'' after
the semicolon;</DELETED>
<DELETED> (2) in subparagraph (H), by striking the period
and inserting ``; and''; and</DELETED>
<DELETED> (3) by adding at the end the following:</DELETED>
<DELETED> ``(I) education or counseling services
designed to improve the financial literacy and economic
literacy of students or the students'
parents.''.</DELETED>
<DELETED>SEC. 305. NATIVE AMERICAN-SERVING, NONTRIBAL
INSTITUTIONS.</DELETED>
<DELETED> (a) Grant Program Authorized.--Part A of title III (20
U.S.C. 1057 et seq.) is amended by adding at the end the
following:</DELETED>
<DELETED>``SEC. 318. NATIVE AMERICAN-SERVING, NONTRIBAL
INSTITUTIONS.</DELETED>
<DELETED> ``(a) Program Authorized.--The Secretary shall provide
grants and related assistance to Native American-serving, nontribal
institutions to enable such institutions to improve and expand their
capacity to serve Native Americans.</DELETED>
<DELETED> ``(b) Definitions.--In this section:</DELETED>
<DELETED> ``(1) Native american.--The term `Native American'
means an individual who is of a tribe, people, or culture that
is indigenous to the United States.</DELETED>
<DELETED> ``(2) Native american-serving, nontribal
institution.--The term `Native American-serving, nontribal
institution' means an institution of higher education that, at
the time of application--</DELETED>
<DELETED> ``(A) has an enrollment of undergraduate
students that is not less than 10 percent Native
American students; and</DELETED>
<DELETED> ``(B) is not a Tribal College or
University (as defined in section 316).</DELETED>
<DELETED> ``(c) Authorized Activities.--</DELETED>
<DELETED> ``(1) Types of activities authorized.--Grants
awarded under this section shall be used by Native American-
serving, nontribal institutions to assist such institutions to
plan, develop, undertake, and carry out activities to improve
and expand such institutions' capacity to serve Native
Americans.</DELETED>
<DELETED> ``(2) Examples of authorized activities.--Such
programs may include--</DELETED>
<DELETED> ``(A) the purchase, rental, or lease of
scientific or laboratory equipment for educational
purposes, including instructional and research
purposes;</DELETED>
<DELETED> ``(B) renovation and improvement in
classroom, library, laboratory, and other instructional
facilities;</DELETED>
<DELETED> ``(C) support of faculty exchanges, and
faculty development and faculty fellowships to assist
faculty in attaining advanced degrees in the faculty's
field of instruction;</DELETED>
<DELETED> ``(D) curriculum development and academic
instruction;</DELETED>
<DELETED> ``(E) the purchase of library books,
periodicals, microfilm, and other educational
materials;</DELETED>
<DELETED> ``(F) funds and administrative management,
and acquisition of equipment for use in strengthening
funds management;</DELETED>
<DELETED> ``(G) the joint use of facilities such as
laboratories and libraries; and</DELETED>
<DELETED> ``(H) academic tutoring and counseling
programs and student support services.</DELETED>
<DELETED> ``(d) Application Process.--</DELETED>
<DELETED> ``(1) Institutional eligibility.--A Native
American-serving, nontribal institution desiring to receive
assistance under this section shall submit to the Secretary
such enrollment data as may be necessary to demonstrate that
the institution is a Native American-serving, nontribal
institution, along with such other information and data as the
Secretary may by regulation require.</DELETED>
<DELETED> ``(2) Applications.--</DELETED>
<DELETED> ``(A) Permission to submit applications.--
Any institution that is determined by the Secretary to
be a Native American-serving, nontribal institution may
submit an application for assistance under this section
to the Secretary.</DELETED>
<DELETED> ``(B) Simplified and streamlined format.--
The Secretary shall, to the extent possible, prescribe
a simplified and streamlined format for applications
under this section that takes into account the limited
number of institutions that are eligible for assistance
under this section.</DELETED>
<DELETED> ``(C) Content.--An application submitted
under subparagraph (A) shall include--</DELETED>
<DELETED> ``(i) a 5-year plan for improving
the assistance provided by the Native American-
serving, nontribal institution to Native
Americans; and</DELETED>
<DELETED> ``(ii) such other information and
assurances as the Secretary may
require.</DELETED>
<DELETED> ``(3) Special rules.--</DELETED>
<DELETED> ``(A) Eligibility.--No Native American-
serving, nontribal institution that receives funds
under this section shall concurrently receive funds
under other provisions of this part or part
B.</DELETED>
<DELETED> ``(B) Exemption.--Section 313(d) shall not
apply to institutions that are eligible to receive
funds under this section.</DELETED>
<DELETED> ``(C) Distribution.--In awarding grants
under this section, the Secretary shall, to the extent
possible and consistent with the competitive process
under which such grants are awarded, ensure maximum and
equitable distribution among all eligible
institutions.''.</DELETED>
<DELETED> (b) Authorization of Appropriations.--Section 399 (20
U.S.C. 1068h) is amended by adding at the end the following:</DELETED>
<DELETED> ``(c) Minimum Grant Amount.--The minimum amount of a grant
under this title shall be $200,000.''.</DELETED>
<DELETED>SEC. 306. PART B DEFINITIONS.</DELETED>
<DELETED> Section 322(4) (20 U.S.C. 1061(4)) is amended by inserting
``, in consultation with the Commissioner for Education Statistics''
before ``and the Commissioner''.</DELETED>
<DELETED>SEC. 307. GRANTS TO INSTITUTIONS.</DELETED>
<DELETED> Section 323(a) (20 U.S.C. 1062(a)) is amended--</DELETED>
<DELETED> (1) in the matter preceding paragraph (1), by
striking ``360(a)(2)'' and inserting ``399(a)(2)'';</DELETED>
<DELETED> (2) by redesignating paragraphs (7) through (12)
as paragraphs (8) through (13), respectively; and</DELETED>
<DELETED> (3) by inserting after paragraph (6) the
following:</DELETED>
<DELETED> ``(7) Education or counseling services designed to
improve the financial literacy and economic literacy of
students or the students' parents.''.</DELETED>
<DELETED>SEC. 308. ALLOTMENTS TO INSTITUTIONS.</DELETED>
<DELETED> Section 324 (20 U.S.C. 1063) is amended by adding at the
end the following:</DELETED>
<DELETED> ``(h) Special Rule on Eligibility.--Notwithstanding any
other provision of this section, a part B institution shall not receive
an allotment under this section unless the part B institution provides
data indicating that the part B institution--</DELETED>
<DELETED> ``(1) enrolled Federal Pell Grant recipients in
the preceding academic year;</DELETED>
<DELETED> ``(2) in the preceding academic year, has
graduated students from a program of academic study that is
licensed or accredited by a nationally recognized accrediting
agency or association recognized by the Secretary pursuant to
part H of title IV where appropriate; and</DELETED>
<DELETED> ``(3) where appropriate, has graduated students
who, within the past 5 years, enrolled in graduate or
professional school.''.</DELETED>
<DELETED>SEC. 309. PROFESSIONAL OR GRADUATE INSTITUTIONS.</DELETED>
<DELETED> Section 326 (20 U.S.C. 1063b) is amended--</DELETED>
<DELETED> (1) in subsection (c)--</DELETED>
<DELETED> (A) in paragraph (2), by inserting ``, and
for the acquisition and development of real property
that is adjacent to the campus for such construction,
maintenance, renovation, or improvement'' after
``services'';</DELETED>
<DELETED> (B) by redesignating paragraphs (5)
through (7) as paragraphs (7) through (9),
respectively;</DELETED>
<DELETED> (C) by inserting after paragraph (4) the
following:</DELETED>
<DELETED> ``(5) tutoring, counseling, and student service
programs designed to improve academic success;</DELETED>
<DELETED> ``(6) education or counseling services designed to
improve the financial literacy and economic literacy of
students or the students' parents;'';</DELETED>
<DELETED> (D) in paragraph (7) (as redesignated by
subparagraph (B)), by striking ``establish or improve''
and inserting ``establishing or improving'';</DELETED>
<DELETED> (E) in paragraph (8) (as redesignated by
subparagraph (B))--</DELETED>
<DELETED> (i) by striking ``assist'' and
inserting ``assisting''; and</DELETED>
<DELETED> (ii) by striking ``and'' after the
semicolon;</DELETED>
<DELETED> (F) in paragraph (9) (as redesignated by
subparagraph (B)), by striking the period and inserting
``; and''; and</DELETED>
<DELETED> (G) by adding at the end the
following:</DELETED>
<DELETED> ``(10) other activities proposed in the
application submitted under subsection (d) that--</DELETED>
<DELETED> ``(A) contribute to carrying out the
purposes of this part; and</DELETED>
<DELETED> ``(B) are approved by the Secretary as
part of the review and acceptance of such
application.'';</DELETED>
<DELETED> (2) in subsection (e)--</DELETED>
<DELETED> (A) in paragraph (1)--</DELETED>
<DELETED> (i) by inserting a colon after
``the following'';</DELETED>
<DELETED> (ii) in subparagraph (Q), by
striking ``and'' at the end;</DELETED>
<DELETED> (iii) in subparagraph (R), by
striking the period and inserting a semicolon;
and</DELETED>
<DELETED> (iv) by adding at the end the
following:</DELETED>
<DELETED> ``(S) Alabama State University qualified
graduate program;</DELETED>
<DELETED> ``(T) Coppin State University qualified
graduate program; and</DELETED>
<DELETED> ``(U) Prairie View A & M University
qualified graduate program.'';</DELETED>
<DELETED> (B) in paragraph (2), by inserting ``in
law or'' after ``instruction'';</DELETED>
<DELETED> (C) in paragraph (3), by striking ``1998''
and inserting ``2006'';</DELETED>
<DELETED> (3) in subsection (f)(3)--</DELETED>
<DELETED> (A) by striking subparagraphs (A) and (B)
and inserting the following:</DELETED>
<DELETED> ``(A) The amount of non-Federal funds for
the fiscal year for which the determination is made
that the institution or program listed in subsection
(e)--</DELETED>
<DELETED> ``(i) allocates from institutional
resources;</DELETED>
<DELETED> ``(ii) secures from non-Federal
sources, including amounts appropriated by the
State and amounts from the private sector;
and</DELETED>
<DELETED> ``(iii) will utilize to match
Federal funds awarded for the fiscal year for
which the determination is made under this
section to the institution or
program.</DELETED>
<DELETED> ``(B) The number of students enrolled in
the qualified graduate programs of the eligible
institution or program, for which the institution or
program received and allocated funding under this
section in the preceding year.'';</DELETED>
<DELETED> (B) in subparagraph (C), by striking ``(or
the equivalent) enrolled in the eligible professional
or graduate school'' and all that follows through the
period and inserting ``enrolled in the qualified
programs or institutions listed in paragraph
(1).'';</DELETED>
<DELETED> (C) in subparagraph (D)--</DELETED>
<DELETED> (i) by striking ``students'' and
inserting ``Black American students or minority
students''; and</DELETED>
<DELETED> (ii) by striking ``institution''
and inserting ``institution or program'';
and</DELETED>
<DELETED> (D) by striking subparagraph (E) and
inserting the following:</DELETED>
<DELETED> ``(E) The percentage that the total number
of Black American students and minority students who
receive their first professional, master's, or doctoral
degrees from the institution or program in the academic
year preceding the academic year for which the
determination is made, represents of the total number
of Black American students and minority students in the
United States who receive their first professional,
master's, or doctoral degrees in the professions or
disciplines related to the course of study at such
institution or program, respectively, in the preceding
academic year.''; and</DELETED>
<DELETED> (4) in subsection (g), by striking ``1998'' and
inserting ``2006''.</DELETED>
<DELETED>SEC. 310. AUTHORIZATION OF APPROPRIATIONS.</DELETED>
<DELETED> Subsection (a) of section 399 (20 U.S.C. 1068h) is amended
to read as follows:</DELETED>
<DELETED> ``(a) Authorizations.--</DELETED>
<DELETED> ``(1) Part a.--(A) There are authorized to be
appropriated to carry out part A (other than section 316) such
sums as may be necessary for fiscal year 2006 and each of the 5
succeeding fiscal years.</DELETED>
<DELETED> ``(B) There are authorized to be appropriated to
carry out section 316 such sums as may be necessary for fiscal
year 2006 and each of the 5 succeeding fiscal years.</DELETED>
<DELETED> ``(C) There are authorized to be appropriated to
carry out section 317 such sums as may be necessary for fiscal
year 2006 and each of the 5 succeeding fiscal years.</DELETED>
<DELETED> ``(D) There are authorized to be appropriated to
carry out section 318 such sums as may be necessary for fiscal
year 2006 and each of the 5 succeeding fiscal years.</DELETED>
<DELETED> ``(2) Part b.--(A) There are authorized to be
appropriated to carry out part B (other than section 326) such
sums as may be necessary for fiscal year 2006 and each of the 5
succeeding fiscal years.</DELETED>
<DELETED> ``(B) There are authorized to be appropriated to
carry out section 326 such sums as may be necessary for fiscal
year 2006 and each of the 5 succeeding fiscal years.</DELETED>
<DELETED> ``(3) Part c.--There are authorized to be
appropriated to carry out part C such sums as may be necessary
for fiscal year 2006 and each of the 5 succeeding fiscal
years.</DELETED>
<DELETED> ``(4) Part d.--(A) There are authorized to be
appropriated to carry out part D (other than section 345(7),
but including section 347) such sums as may be necessary for
fiscal year 2006 and each of the 5 succeeding fiscal
years.</DELETED>
<DELETED> ``(B) There are authorized to be appropriated to
carry out section 345(7) such sums as may be necessary for
fiscal year 2006 and each of the 5 succeeding fiscal
years.</DELETED>
<DELETED> ``(5) Part e.--There are authorized to be
appropriated to carry out part E such sums as may be necessary
for fiscal year 2006 and each of the 5 succeeding fiscal
years.''.</DELETED>
<DELETED>SEC. 311. TECHNICAL CORRECTIONS.</DELETED>
<DELETED> Title III (20 U.S.C. 1051 et seq.) is further amended--
</DELETED>
<DELETED> (1) in section 342(5)(C) (20 U.S.C. 1066a(5)(C)),
by striking ``,,'' and inserting ``,'';</DELETED>
<DELETED> (2) in section 343(e) (20 U.S.C. 1066b(e)), by
inserting ``sale of qualified bonds.--'' before
``Notwithstanding'';</DELETED>
<DELETED> (3) in the matter preceding clause (i) of section
365(9)(A) (20 U.S.C. 1067k(9)(A)), by striking ``support'' and
inserting ``supports'';</DELETED>
<DELETED> (4) in section 391(b)(7)(E) (20 U.S.C.
1068(b)(7)(E)), by striking ``subparagraph (E)'' and inserting
``subparagraph (D)'';</DELETED>
<DELETED> (5) in the matter preceding subparagraph (A) of
section 392(b)(2) (20 U.S.C. 1068a(b)(2)), by striking
``eligible institutions under part A institutions'' and
inserting ``eligible institutions under part A''; and</DELETED>
<DELETED> (6) in the matter preceding paragraph (1) of
section 396 (20 U.S.C. 1068e), by striking ``360'' and
inserting ``399''.</DELETED>
<DELETED>TITLE IV--STUDENT ASSISTANCE</DELETED>
<DELETED>PART A--GRANTS TO STUDENTS IN ATTENDANCE AT INSTITUTIONS OF
HIGHER EDUCATION</DELETED>
<DELETED>SEC. 401. FEDERAL PELL GRANTS.</DELETED>
<DELETED> Section 401 (20 U.S.C. 1070a) is amended--</DELETED>
<DELETED> (1) in subsection (a)(1)--</DELETED>
<DELETED> (A) in the first sentence, by striking
``2004'' and inserting ``2012''; and</DELETED>
<DELETED> (B) in the second sentence, by striking
``,,'' and inserting ``,'';</DELETED>
<DELETED> (2) in subsection (b)--</DELETED>
<DELETED> (A) by striking paragraph (2)(A) and
inserting the following:</DELETED>
<DELETED> ``(2)(A) the amount of the Federal Pell Grant for a
student eligible under this part shall be--</DELETED>
<DELETED> ``(i) $5,100 for academic year 2006-2007;</DELETED>
<DELETED> ``(ii) $5,400 for academic year 2007-2008;</DELETED>
<DELETED> ``(iii) $5,700 for academic year 2008-2009;</DELETED>
<DELETED> ``(iv) $6,000 for academic year 2009-2010; and</DELETED>
<DELETED> ``(v) $6,300 for academic year 2010-2011,</DELETED>
<DELETED>less an amount equal to the amount determined to be the
expected family contribution with respect to that student for that
year.'';</DELETED>
<DELETED> (B) by striking paragraph (3);</DELETED>
<DELETED> (C) by redesignating paragraphs (4)
through (8) as paragraphs (3) through (7),
respectively;</DELETED>
<DELETED> (D) in paragraph (4) (as redesignated by
subparagraph (C)), by striking ``$400, except'' and all
that follows through the period and inserting ``10
percent of the maximum basic grant level specified in
the appropriate Appropriation Act for such academic
year.''; and</DELETED>
<DELETED> (E) by striking paragraph (5) (as
redesignated by subparagraph (C)) and inserting the
following:</DELETED>
<DELETED> ``(5) In the case of a student who is enrolled, on at
least a half-time basis and for a period of more than 1 academic year
in a 2-year or 4-year program of instruction for which an institution
of higher education awards an associate or baccalaureate degree, the
Secretary shall allow such student to receive not more than 2 Federal
Pell Grants during a single award year to permit such student to
accelerate the student's progress toward a degree by attending
additional sessions. In the case of a student receiving more than 1
Federal Pell Grant in a single award year, the total amount of Federal
Pell Grants awarded to such student for the award year may exceed the
basic grant level specified in the appropriate Appropriation Act for
such award year.''; and</DELETED>
<DELETED> (3) in subsection (c), by adding at the end the
following:</DELETED>
<DELETED> ``(5) The period of time during which a student may
receive Federal Pell Grants shall not exceed 18 semesters, or an
equivalent period of time as determined by the Secretary pursuant to
regulations, which period shall--</DELETED>
<DELETED> ``(A) be determined without regard to whether the
student is enrolled on a full-time basis during any portion of
the period of time; and</DELETED>
<DELETED> ``(B) include any period of time for which the
student received a Federal Pell Grant prior to the date of
enactment of the Higher Education Amendments of
2005.''.</DELETED>
<DELETED>SEC. 402. FEDERAL TRIO PROGRAMS.</DELETED>
<DELETED> (a) Program Authority; Authorization of Appropriations.--
Section 402A (20 U.S.C. 1070a-11) is amended--</DELETED>
<DELETED> (1) in subsection (b)--</DELETED>
<DELETED> (A) in paragraph (2)--</DELETED>
<DELETED> (i) in the matter preceding
subparagraph (A), by striking ``4'' and
inserting ``5'';</DELETED>
<DELETED> (ii) by striking subparagraph (A);
and</DELETED>
<DELETED> (iii) by redesignating
subparagraphs (B) and (C) as subparagraphs (A)
and (B), respectively; and</DELETED>
<DELETED> (B) by striking paragraph (3) and
inserting the following:</DELETED>
<DELETED> ``(3) Minimum grants.--Unless the institution or
agency requests a smaller amount, an individual grant
authorized under this chapter shall be awarded in an amount
that is not less than $200,000, except that an individual grant
authorized under section 402G shall be awarded in an amount
that is not less than $170,000.'';</DELETED>
<DELETED> (2) in subsection (c)--</DELETED>
<DELETED> (A) in paragraph (2), by striking
``service delivery'' and inserting ``high quality
service delivery, as determined under subsection
(f),'';</DELETED>
<DELETED> (B) in paragraph (3)(B), by striking ``is
not required to'' and inserting ``shall not'';
and</DELETED>
<DELETED> (C) in paragraph (5), by striking
``campuses'' and inserting ``different
campuses'';</DELETED>
<DELETED> (3) in subsection (e), by striking ``(g)(2)'' each
place the term occurs and inserting ``(h)(4)'';</DELETED>
<DELETED> (4) by redesignating subsections (f) and (g) as
subsections (g) and (h), respectively;</DELETED>
<DELETED> (5) by inserting after subsection (e) the
following:</DELETED>
<DELETED> ``(f) Outcome Criteria.--</DELETED>
<DELETED> ``(1) In general.--The Secretary, by regulation,
shall establish outcome criteria for measuring, annually and
for longer periods, the quality and effectiveness of programs
authorized under this chapter.</DELETED>
<DELETED> ``(2) Use for prior experience determination.--The
outcome criteria under paragraph (1) shall be used to evaluate
the programs provided by a recipient of a grant under this
chapter, and the Secretary shall determine an eligible entity's
prior experience of high quality service delivery, as required
in subsection (c)(2), based on the outcome criteria.</DELETED>
<DELETED> ``(3) Consideration of relevant data.--The outcome
criteria under this subsection shall take into account data
pertaining to secondary school completion, postsecondary
education enrollment, and postsecondary education completion
for low-income students, first generation college students, and
individuals with disabilities, in the schools and institutions
of higher education served by the program to be
evaluated.</DELETED>
<DELETED> ``(4) Contents of outcome criteria.--The outcome
criteria shall include the following:</DELETED>
<DELETED> ``(A) For programs authorized under
section 402B, whether the eligible entity met or
exceeded the entity's objectives established in the
entity's application for such program regarding--
</DELETED>
<DELETED> ``(i) the delivery of service to a
total number of students served by the
program;</DELETED>
<DELETED> ``(ii) the continued secondary
school enrollment of such students;</DELETED>
<DELETED> ``(iii) the graduation of such
students from secondary school; and</DELETED>
<DELETED> ``(iv) the enrollment of such
students in an institution of higher
education.</DELETED>
<DELETED> ``(B) For programs authorized under
section 402C, whether the eligible entity met or
exceeded its objectives for such program regarding--
</DELETED>
<DELETED> ``(i) the delivery of service to a
total number of students served by the program,
as agreed upon by the entity and the Secretary
for the period;</DELETED>
<DELETED> ``(ii) such students' school
performance, as measured by the grade point
average, or its equivalent;</DELETED>
<DELETED> ``(iii) such students' academic
performance, as measured by standardized tests,
including tests required by the students'
State;</DELETED>
<DELETED> ``(iv) the retention in, and
graduation from, secondary school of such
students; and</DELETED>
<DELETED> ``(v) the enrollment of such
students in an institution of higher
education.</DELETED>
<DELETED> ``(C) For programs authorized under
section 402D--</DELETED>
<DELETED> ``(i) whether the eligible entity
met or exceeded the entity's objectives
regarding the retention in postsecondary
education of the students served by the
program;</DELETED>
<DELETED> ``(ii)(I) in the case of an entity
that is an institution of higher education
offering a baccalaureate degree, the extent to
which the entity met or exceeded the entity's
objectives regarding such students' completion
of the degree programs in which such students
were enrolled; or</DELETED>
<DELETED> ``(II) in the case of an entity
that is an institution of higher education that
does not offer a baccalaureate degree, the
extent to which the entity met or exceeded the
entity's objectives regarding--</DELETED>
<DELETED> ``(aa) the completion of a
degree or certificate by such students;
and</DELETED>
<DELETED> ``(bb) the transfer of
such students to institutions of higher
education that offer baccalaureate
degrees;</DELETED>
<DELETED> ``(iii) whether the entity met or
exceeded the entity's objectives regarding the
delivery of service to a total number of
students, as agreed upon by the entity and the
Secretary for the period; and</DELETED>
<DELETED> ``(iv) whether the applicant met
or exceeded the entity's objectives regarding
such students remaining in good academic
standing.</DELETED>
<DELETED> ``(D) For programs authorized under
section 402E, whether the entity met or exceeded the
entity's objectives for such program regarding--
</DELETED>
<DELETED> ``(i) the delivery of service to a
total number of students, as agreed upon by the
entity and the Secretary for the
period;</DELETED>
<DELETED> ``(ii) the provision of
appropriate scholarly and research activities
for the students served by the
program;</DELETED>
<DELETED> ``(iii) the acceptance and
enrollment of such students in graduate
programs; and</DELETED>
<DELETED> ``(iv) the attainment of doctoral
degrees by former program
participants.</DELETED>
<DELETED> ``(E) For programs authorized under
section 402F, whether the entity met or exceeded the
entity's objectives for such program regarding--
</DELETED>
<DELETED> ``(i) the enrollment of students
without a secondary school diploma or its
recognized equivalent, who were served by the
program, in programs leading to such diploma or
equivalent;</DELETED>
<DELETED> ``(ii) the enrollment of secondary
school graduates who were served by the program
in programs of postsecondary
education;</DELETED>
<DELETED> ``(iii) the delivery of service to
a total number of students, as agreed upon by
the entity and the Secretary for the period;
and</DELETED>
<DELETED> ``(iv) the provision of assistance
to students served by the program in completing
financial aid applications and college
admission applications.'';</DELETED>
<DELETED> (6) in subsection (g) (as redesignated by
paragraph (4))--</DELETED>
<DELETED> (A) in the first sentence, by striking
``$700,000,000 for fiscal year 1999'' and all that
follows through the period and inserting ``such sums as
may be necessary for fiscal year 2006 and each of the 5
succeeding fiscal years.''; and</DELETED>
<DELETED> (B) by striking the fourth sentence;
and</DELETED>
<DELETED> (7) in subsection (h) (as redesignated by
paragraph (4))--</DELETED>
<DELETED> (A) by redesignating paragraphs (1)
through (4) as paragraphs (3) through (6),
respectively;</DELETED>
<DELETED> (B) by inserting before paragraph (3) (as
redesignated by subparagraph (A)) the
following:</DELETED>
<DELETED> ``(1) Different campus.--The term `different
campus' means a site of an institution of higher education
that--</DELETED>
<DELETED> ``(A) is geographically apart from the
main campus of the institution;</DELETED>
<DELETED> ``(B) is permanent in nature;
and</DELETED>
<DELETED> ``(C) offers courses in educational
programs leading to a degree, certificate, or other
recognized educational credential.</DELETED>
<DELETED> ``(2) Different population.--The term `different
population' means a group of individuals, with respect to whom
an eligible entity desires to serve through an application for
a grant under this chapter, that--</DELETED>
<DELETED> ``(A) is separate and distinct from any
other population that the entity has applied for a
grant under this chapter to serve; or</DELETED>
<DELETED> ``(B) while sharing some of the same needs
as another population that the eligible entity has
applied for a grant under this chapter to serve, has
distinct needs for specialized services.'';</DELETED>
<DELETED> (C) in paragraph (5) (as redesignated by
subparagraph (A))--</DELETED>
<DELETED> (i) in subparagraph (A), by
striking ``or'' after the semicolon;</DELETED>
<DELETED> (ii) in subparagraph (B), by
striking the period at the end and inserting
``; or''; and</DELETED>
<DELETED> (iii) by adding at the end the
following:</DELETED>
<DELETED> ``(C) was a member of a reserve component
of the Armed Forces called to active duty for a period
of more than 180 days.''; and</DELETED>
<DELETED> (D) in paragraph (6), by striking
``subparagraph (A) or (B) of paragraph (3)'' and
inserting ``subparagraph (A), (B), or (C) of paragraph
(5)''.</DELETED>
<DELETED> (b) Talent Search.--Section 402B (20 U.S.C. 1070a-12) is
amended--</DELETED>
<DELETED> (1) in subsection (a)--</DELETED>
<DELETED> (A) in paragraph (1), by striking ``to
identify qualified youths with potential for education
at the postsecondary level and to encourage such
youths'' and inserting ``to encourage eligible
youths'';</DELETED>
<DELETED> (B) in paragraph (2), by inserting ``, and
facilitate the application for,'' after ``the
availability of''; and</DELETED>
<DELETED> (C) in paragraph (3), by striking ``, but
who have the ability to complete such programs, to
reenter'' and inserting ``to enter or reenter, and
complete'';</DELETED>
<DELETED> (2) by redesignating subsection (c) as subsection
(d);</DELETED>
<DELETED> (3) by striking subsection (b) and inserting the
following:</DELETED>
<DELETED> ``(b) Required Services.--Any project assisted under this
section shall provide--</DELETED>
<DELETED> ``(1) academic tutoring, or connections to high
quality academic tutoring services, to enable students to
complete secondary or postsecondary courses, which may include
instruction in reading, writing, study skills, mathematics,
science, and other subjects;</DELETED>
<DELETED> ``(2) advice and assistance in secondary course
selection and, if applicable, initial postsecondary course
selection;</DELETED>
<DELETED> ``(3) assistance in preparing for college entrance
examinations and completing college admission
applications;</DELETED>
<DELETED> ``(4)(A) information on both the full range of
Federal student financial aid programs (including Federal Pell
Grant awards and loan forgiveness) and resources for locating
public and private scholarships; and</DELETED>
<DELETED> ``(B) assistance in completing financial aid
applications, including the Free Application for Federal
Student Aid described in section 483(a);</DELETED>
<DELETED> ``(5) guidance on and assistance in--</DELETED>
<DELETED> ``(A) secondary school reentry;</DELETED>
<DELETED> ``(B) alternative education programs for
secondary school dropouts that lead to the receipt of a
regular secondary school diploma;</DELETED>
<DELETED> ``(C) entry into general educational
development (GED) programs; or</DELETED>
<DELETED> ``(D) postsecondary education;
and</DELETED>
<DELETED> ``(6) education or counseling services designed to
improve the financial literacy and economic literacy of
students or their parents, including financial planning for
postsecondary education.</DELETED>
<DELETED> ``(c) Permissible Services.--Any project assisted under
this section may provide services such as--</DELETED>
<DELETED> ``(1) personal and career counseling or
activities;</DELETED>
<DELETED> ``(2) information and activities designed to
acquaint youths with the range of career options available to
the youths;</DELETED>
<DELETED> ``(3) exposure to the campuses of institutions of
higher education, as well as cultural events, academic
programs, and other sites or activities not usually available
to disadvantaged youth;</DELETED>
<DELETED> ``(4) workshops and counseling for families of
students served;</DELETED>
<DELETED> ``(5) mentoring programs involving elementary or
secondary school teachers or counselors, faculty members at
institutions of higher education, students, or any combination
of such persons; and</DELETED>
<DELETED> ``(6) programs and activities as described in
subsection (b) or paragraphs (1) through (5) of this subsection
that are specially designed for students who are limited
English proficient, students with disabilities, students who
are homeless children and youths (as such term is defined in
section 725 of the McKinney-Vento Homeless Assistance Act (42
U.S.C. 11434a)), or students who are in foster care or are
aging out of the foster care system.''; and</DELETED>
<DELETED> (4) in the matter preceding paragraph (1) of
subsection (d) (as redesignated by paragraph (2)), by striking
``talent search projects under this chapter'' and inserting
``projects under this section''.</DELETED>
<DELETED> (c) Upward Bound.--Section 402C (20 U.S.C. 1070a-13) is
amended--</DELETED>
<DELETED> (1) by striking subsection (b) and inserting the
following:</DELETED>
<DELETED> ``(b) Required Services.--Any project assisted under this
section shall provide--</DELETED>
<DELETED> ``(1) academic tutoring to enable students to
complete secondary or postsecondary courses, which may include
instruction in reading, writing, study skills, mathematics,
science, and other subjects;</DELETED>
<DELETED> ``(2) advice and assistance in secondary and
postsecondary course selection;</DELETED>
<DELETED> ``(3) assistance in preparing for college entrance
examinations and completing college admission
applications;</DELETED>
<DELETED> ``(4)(A) information on both the full range of
Federal student financial aid programs (including Federal Pell
Grant awards and loan forgiveness) and resources for locating
public and private scholarships; and</DELETED>
<DELETED> ``(B) assistance in completing financial aid
applications, including the Free Application for Federal
Student Aid described in section 483(a);</DELETED>
<DELETED> ``(5) guidance on and assistance in--</DELETED>
<DELETED> ``(A) secondary school reentry;</DELETED>
<DELETED> ``(B) alternative education programs for
secondary school dropouts that lead to the receipt of a
regular secondary school diploma;</DELETED>
<DELETED> ``(C) entry into general educational
development (GED) programs; or</DELETED>
<DELETED> ``(D) postsecondary education;
and</DELETED>
<DELETED> ``(6) education or counseling services designed to
improve the financial literacy and economic literacy of
students, including financial planning for postsecondary
education.'';</DELETED>
<DELETED> (2) in subsection (c)--</DELETED>
<DELETED> (A) in the subsection heading, by striking
``Required Services'' and inserting ``Additional
Required Services for Multiple-Year Grant Recipients'';
and</DELETED>
<DELETED> (B) by striking ``upward bound project
assisted under this chapter'' and inserting ``project
assisted under this section'';</DELETED>
<DELETED> (3) by redesignating subsections (d) and (e) as
subsections (e) and (f), respectively;</DELETED>
<DELETED> (4) by inserting after subsection (c) the
following:</DELETED>
<DELETED> ``(d) Permissible Services.--Any project assisted under
this section may provide such services as--</DELETED>
<DELETED> ``(1) exposure to cultural events, academic
programs, and other activities not usually available to
disadvantaged youth;</DELETED>
<DELETED> ``(2) information, activities and instruction
designed to acquaint youths participating in the project with
the range of career options available to the youths;</DELETED>
<DELETED> ``(3) on-campus residential programs;</DELETED>
<DELETED> ``(4) mentoring programs involving elementary
school or secondary school teachers or counselors, faculty
members at institutions of higher education, students, or any
combination of such persons;</DELETED>
<DELETED> ``(5) work-study positions where youth
participating in the project are exposed to careers requiring a
postsecondary degree;</DELETED>
<DELETED> ``(6) special services to enable veterans to make
the transition to postsecondary education; and</DELETED>
<DELETED> ``(7) programs and activities as described in
subsection (b), subsection (c), or paragraphs (1) through (6)
of this subsection that are specially designed for students who
are limited English proficient, students with disabilities,
students who are homeless children and youths (as such term is
defined in section 725 of the McKinney-Vento Homeless
Assistance Act (42 U.S.C. 11434a)), or students who are in
foster care or are aging out of the foster care
system.'';</DELETED>
<DELETED> (5) in the matter preceding paragraph (1) of
subsection (e) (as redesignated by paragraph (3)), by striking
``upward bound projects under this chapter'' and inserting
``projects under this section''; and</DELETED>
<DELETED> (6) in subsection (f) (as redesignated by
paragraph (3))--</DELETED>
<DELETED> (A) by striking ``during June, July, and
August'' each place the term occurs and inserting
``during the summer school recess, for a period not to
exceed 3 months''; and</DELETED>
<DELETED> (B) by striking ``(b)(10)'' and inserting
``(d)(5)''.</DELETED>
<DELETED> (d) Student Support Services.--Section 402D (20 U.S.C.
1070a-14) is amended--</DELETED>
<DELETED> (1) in subsection (a)--</DELETED>
<DELETED> (A) in paragraph (2), by striking ``and''
after the semicolon;</DELETED>
<DELETED> (B) by striking paragraph (3) and
inserting the following:</DELETED>
<DELETED> ``(3) to foster an institutional climate
supportive of the success of low-income and first generation
college students, students with disabilities, students who are
limited English proficient, students who are homeless children
and youths (as such term is defined in section 725 of the
McKinney-Vento Homeless Assistance Act (42 U.S.C. 11434a)), and
students who are in foster care or are aging out of the foster
care system.''; and</DELETED>
<DELETED> (C) by adding at the end the
following:</DELETED>
<DELETED> ``(4) to improve the financial literacy and
economic literacy of students, including--</DELETED>
<DELETED> ``(A) basic personal income, household
money management, and financial planning skills;
and</DELETED>
<DELETED> ``(B) basic economic decisionmaking
skills.'';</DELETED>
<DELETED> (2) by redesignating subsections (c) and (d) as
subsections (d) and (e);</DELETED>
<DELETED> (3) by striking subsection (b) and inserting the
following:</DELETED>
<DELETED> ``(b) Required Services.--A project assisted under this
section shall provide--</DELETED>
<DELETED> ``(1) academic tutoring to enable students to
complete postsecondary courses, which may include instruction
in reading, writing, study skills, mathematics, science, and
other subjects;</DELETED>
<DELETED> ``(2) advice and assistance in postsecondary
course selection;</DELETED>
<DELETED> ``(3)(A) information on both the full range of
Federal student financial aid programs (including Federal Pell
Grant awards and loan forgiveness) and resources for locating
public and private scholarships; and</DELETED>
<DELETED> ``(B) assistance in completing financial aid
applications, including the Free Application for Federal
Student Aid described in section 483(a);</DELETED>
<DELETED> ``(4) education or counseling services designed to
improve the financial literacy and economic literacy of
students, including financial planning for postsecondary
education;</DELETED>
<DELETED> ``(5) activities designed to assist students
participating in the project in securing college admission and
financial assistance for enrollment in graduate and
professional programs; and</DELETED>
<DELETED> ``(6) activities designed to assist students
enrolled in 2-year institutions of higher education in securing
admission and financial assistance for enrollment in a 4-year
program of postsecondary education.</DELETED>
<DELETED> ``(c) Permissible Services.--A project assisted under this
section may provide services such as--</DELETED>
<DELETED> ``(1) consistent, individualized personal, career,
and academic counseling, provided by assigned
counselors;</DELETED>
<DELETED> ``(2) information, activities, and instruction
designed to acquaint youths participating in the project with
the range of career options available to the
students;</DELETED>
<DELETED> ``(3) exposure to cultural events and academic
programs not usually available to disadvantaged
students;</DELETED>
<DELETED> ``(4) activities designed to acquaint students
participating in the project with the range of career options
available to the students;</DELETED>
<DELETED> ``(5) mentoring programs involving faculty or
upper class students, or a combination thereof;</DELETED>
<DELETED> ``(6) securing temporary housing during breaks in
the academic year for students who are homeless children and
youths (as such term is defined in section 725 of the McKinney-
Vento Homeless Assistance Act (42 U.S.C. 11434a)) or were
formerly homeless children and youths and students who are in
foster care or are aging out of the foster care system;
and</DELETED>
<DELETED> ``(7) programs and activities as described in
subsection (b) or paragraphs (1) through (5) of this subsection
that are specially designed for students who are limited
English proficient, students with disabilities, students who
are homeless children and youths (as such term is defined in
section 725 of the McKinney-Vento Homeless Assistance Act (42
U.S.C. 11434a)) or were formerly homeless children and youths,
or students who are in foster care or are aging out of the
foster care system.'';</DELETED>
<DELETED> (4) in subsection (d)(1) (as redesignated by
paragraph (2)), by striking ``subsection (b)'' and inserting
``subsection (c)''; and</DELETED>
<DELETED> (5) in the matter preceding paragraph (1) of
subsection (e) (as redesignated by paragraph (2)), by striking
``student support services projects under this chapter'' and
inserting ``projects under this section''.</DELETED>
<DELETED> (e) Postbaccalaureate Achievement Program Authority.--
Section 402E (20 U.S.C. 1070a-15) is amended--</DELETED>
<DELETED> (1) in subsection (b)--</DELETED>
<DELETED> (A) in the subsection heading, by
inserting ``Required'' before ``Services'';</DELETED>
<DELETED> (B) in the matter preceding paragraph (1),
by striking ``A postbaccalaureate achievement project
assisted under this section may provide services such
as--'' and inserting ``A project assisted under this
section shall provide--'';</DELETED>
<DELETED> (C) in paragraph (5), by inserting ``and''
after the semicolon;</DELETED>
<DELETED> (D) in paragraph (6), by striking the
semicolon and inserting a period; and</DELETED>
<DELETED> (E) by striking paragraphs (7) and
(8);</DELETED>
<DELETED> (2) by redesignating subsections (c) through (f)
as subsections (d) through (g), respectively;</DELETED>
<DELETED> (3) by inserting after subsection (b) the
following:</DELETED>
<DELETED> ``(c) Permissible Services.--A project assisted under this
section may provide services such as--</DELETED>
<DELETED> ``(1) education or counseling services designed to
improve the financial literacy and economic literacy of
students or their parents, including financial planning for
postsecondary education;</DELETED>
<DELETED> ``(2) mentoring programs involving faculty members
at institutions of higher education, students, or any
combination of such persons; and</DELETED>
<DELETED> ``(3) exposure to cultural events and academic
programs not usually available to disadvantaged
students.'';</DELETED>
<DELETED> (4) in the matter preceding paragraph (1) of
subsection (d) (as redesignated by paragraph (2)), by striking
``postbaccalaureate achievement'';</DELETED>
<DELETED> (5) in the matter preceding paragraph (1) of
subsection (f) (as redesignated by paragraph (2)), by striking
``postbaccalaureate achievement project'' and inserting
``project under this section''; and</DELETED>
<DELETED> (6) in subsection (g) (as redesignated by
paragraph (2))--</DELETED>
<DELETED> (A) by striking ``402A(f)'' and inserting
``402A(g)''; and</DELETED>
<DELETED> (B) by striking ``1993 through 1997'' and
inserting ``2006 through 2010''.</DELETED>
<DELETED> (f) Educational Opportunity Centers.--Section 402F (20
U.S.C. 1070a-16) is amended--</DELETED>
<DELETED> (1) in subsection (a)--</DELETED>
<DELETED> (A) in paragraph (1), by striking ``and''
after the semicolon;</DELETED>
<DELETED> (B) in paragraph (2), by striking the
period at the end and inserting ``; and'';
and</DELETED>
<DELETED> (C) by adding at the end the
following:</DELETED>
<DELETED> ``(3) to improve the financial literacy and
economic literacy of students, including--</DELETED>
<DELETED> ``(A) basic personal income, household
money management, and financial planning skills;
and</DELETED>
<DELETED> ``(B) basic economic decisionmaking
skills.''; and</DELETED>
<DELETED> (2) in subsection (b)--</DELETED>
<DELETED> (A) by redesignating paragraphs (5)
through (10) as paragraphs (6) through (11),
respectively;</DELETED>
<DELETED> (B) by inserting after paragraph (4) the
following:</DELETED>
<DELETED> ``(5) education or counseling services designed to
improve the financial literacy and economic literacy of
students or their parents;'';</DELETED>
<DELETED> (C) by striking paragraph (7) (as
redesignated by subparagraph (A)) and inserting the
following:</DELETED>
<DELETED> ``(7) individualized personal, career, and
academic counseling;''; and</DELETED>
<DELETED> (D) by striking paragraph (11) (as
redesignated by subparagraph (A)) and inserting the
following:</DELETED>
<DELETED> ``(11) programs and activities as described in
paragraphs (1) through (10) that are specially designed for
students who are limited English proficient, students with
disabilities, or students who are homeless children and youths
(as such term is defined in section 725 of the McKinney-Vento
Homeless Assistance Act (42 U.S.C. 11434a)), or programs and
activities for students who are in foster care or are aging out
of the foster care system.''.</DELETED>
<DELETED> (g) Staff Development Activities.--Section 402G(b)(3) (20
U.S.C. 1070a-17(b)(3)) is amended by inserting ``, including strategies
for recruiting and serving students who are homeless children and
youths (as such term is defined in section 725 of the McKinney-Vento
Homeless Assistance Act (42 U.S.C. 11434a)) and students who are in
foster care or are aging out of the foster care system'' before the
period at the end.</DELETED>
<DELETED> (h) Reports, Evaluations, and Grants for Project
Improvement and Dissemination.--Section 402H (20 U.S.C. 1070a-18) is
amended--</DELETED>
<DELETED> (1) by striking the section heading and inserting
``reports, evaluations, and grants for project improvement and
dissemination.'';</DELETED>
<DELETED> (2) by redesignating subsections (a) through (c)
as subsections (b) through (d), respectively; and</DELETED>
<DELETED> (3) by inserting before subsection (b) (as
redesignated by paragraph (2)) the following:</DELETED>
<DELETED> ``(a) Report to Congress.--At least once every 2-year
period, the Secretary shall prepare and submit to Congress a report on
the outcomes achieved by the programs authorized under this chapter.
Such report shall include a statement for the preceding fiscal year
specifying--</DELETED>
<DELETED> ``(1) the number of grants awarded during each
fiscal year, and the number of individuals served by the
programs carried out under such grants;</DELETED>
<DELETED> ``(2) the number of entities that received grants
during the fiscal year, including the number of entities that--
</DELETED>
<DELETED> ``(A) received a grant to carry out a
program under this chapter for the fiscal year;
and</DELETED>
<DELETED> ``(B) had not received funding for that
particular program during the previous grant
cycle;</DELETED>
<DELETED> ``(3) a comparison of the number and percentage of
grant awards made to entities described in paragraph (2), with
the number of such entities funded through discretionary grant
competitions conducted by the Secretary under this chapter in
the 3 grant cycles preceding the fiscal year;</DELETED>
<DELETED> ``(4) information on the number of individuals
served in each program authorized under this chapter;
and</DELETED>
<DELETED> ``(5) information on the outcomes achieved by each
program authorized under this chapter, including the outcome
criteria described in section 402A(f) for each
program.''.</DELETED>
<DELETED>SEC. 403. GAINING EARLY AWARENESS AND READINESS FOR
UNDERGRADUATE PROGRAMS.</DELETED>
<DELETED> (a) Early Intervention and College Awareness Program
Authorized.--Section 404A (20 U.S.C. 1070a-21) is amended--</DELETED>
<DELETED> (1) by striking subsection (a) and inserting the
following:</DELETED>
<DELETED> ``(a) Program Authorized.--The Secretary is authorized, in
accordance with the requirements of this chapter, to establish a
program that encourages eligible entities to provide support to
eligible low-income students to assist the students in obtaining a
secondary school diploma (or its recognized equivalent) and to prepare
for and succeed in postsecondary education, by providing--</DELETED>
<DELETED> ``(1) financial assistance, academic support,
additional counseling, mentoring, outreach, and supportive
services to middle school and secondary school students to
reduce--</DELETED>
<DELETED> ``(A) the risk of such students dropping
out of school; or</DELETED>
<DELETED> ``(B) the need for remedial education for
such students at the postsecondary level; and</DELETED>
<DELETED> ``(2) information to students and their parents
about the advantages of obtaining a postsecondary education and
the college financing options for the students and their
parents.'';</DELETED>
<DELETED> (2) by striking subsection (b)(2)(A) and inserting
the following:</DELETED>
<DELETED> ``(A) give priority to eligible entities
that have a prior, demonstrated commitment to early
intervention leading to college access through
collaboration and replication of successful
strategies;''; and</DELETED>
<DELETED> (3) by striking subsection (c)(2) and inserting
the following:</DELETED>
<DELETED> ``(2) a partnership--</DELETED>
<DELETED> ``(A) consisting of--</DELETED>
<DELETED> ``(i) 1 or more local educational
agencies; and</DELETED>
<DELETED> ``(ii) 1 or more degree granting
institutions of higher education; and</DELETED>
<DELETED> ``(B) which may include not less than 2
other community organizations or entities, such as
businesses, professional organizations, State agencies,
institutions or agencies sponsoring programs authorized
under subpart 4, or other public or private agencies or
organizations.''.</DELETED>
<DELETED> (b) Requirements.--Section 404B (20 U.S.C. 1070a-22) is
amended--</DELETED>
<DELETED> (1) by striking subsection (a) and inserting the
following:--</DELETED>
<DELETED> ``(a) Funding Rules.--</DELETED>
<DELETED> ``(1) Distribution.--In awarding grants from the
amount appropriated under section 404G for a fiscal year, the
Secretary shall take into consideration--</DELETED>
<DELETED> ``(A) the geographic distribution of such
awards; and</DELETED>
<DELETED> ``(B) the distribution of such awards
between urban and rural applicants.</DELETED>
<DELETED> ``(2) Special rule.--The Secretary shall annually
reevaluate the distribution of funds described in paragraph (1)
based on number, quality, and promise of the
applications.'';</DELETED>
<DELETED> (2) by striking subsections (b), (e), and
(f);</DELETED>
<DELETED> (3) by redesignating subsections (c), (d), and (g)
as subsections (b), (c), and (d), respectively; and</DELETED>
<DELETED> (4) by adding at the end the following:</DELETED>
<DELETED> ``(e) Supplement, Not Supplant.--Grant funds awarded under
this chapter shall be used to supplement, and not supplant, other
Federal, State, and local funds that would otherwise be expended to
carry out activities assisted under this chapter.''.</DELETED>
<DELETED> (c) Application.--Section 404C (20 U.S.C. 1070a-23) is
amended--</DELETED>
<DELETED> (1) in the section heading, by striking ``eligible
entity plans'' and inserting ``applications'';</DELETED>
<DELETED> (2) in subsection (a)--</DELETED>
<DELETED> (A) in the subsection heading, by striking
``Plan'' and inserting ``Application'';</DELETED>
<DELETED> (B) in paragraph (1)--</DELETED>
<DELETED> (i) by striking ``a plan'' and
inserting ``an application''; and</DELETED>
<DELETED> (ii) by striking the second
sentence; and</DELETED>
<DELETED> (C) by striking paragraph (2) and
inserting the following:</DELETED>
<DELETED> ``(2) Contents.--Each application submitted
pursuant to paragraph (1) shall be in such form, contain or be
accompanied by such information or assurances, and be submitted
at such time as the Secretary may require. Each such
application shall, at a minimum--</DELETED>
<DELETED> ``(A) describe the activities for which
assistance under this chapter is sought, including how
the eligible entity will carry out the required
activities described in section 404D(a);</DELETED>
<DELETED> ``(B) describe how the eligible agency
will meet the requirements of section 404E;</DELETED>
<DELETED> ``(C) provide assurances that adequate
administrative and support staff will be responsible
for coordinating the activities described in section
404D;</DELETED>
<DELETED> ``(D) ensure that activities assisted
under this chapter will not displace an employee or
eliminate a position at a school assisted under this
chapter, including a partial displacement such as a
reduction in hours, wages or employment
benefits;</DELETED>
<DELETED> ``(E) describe, in the case of an eligible
entity described in section 404A(c)(2), how the
eligible entity will define the cohorts of the students
served by the eligible entity pursuant to section
404B(d), and how the eligible entity will serve the
cohort through grade 12, including--</DELETED>
<DELETED> ``(i) how vacancies in the program
under this chapter will be filled;
and</DELETED>
<DELETED> ``(ii) how the eligible entity
will serve students attending different
secondary schools;</DELETED>
<DELETED> ``(F) describe how the eligible entity
will coordinate programs with other existing Federal,
State, or local programs to avoid duplication and
maximize the number of students served;</DELETED>
<DELETED> ``(G) provide such additional assurances
as the Secretary determines necessary to ensure
compliance with the requirements of this chapter;
and</DELETED>
<DELETED> ``(H) provide information about the
activities that will be carried out by the eligible
entity to support systemic changes from which future
cohorts of students will benefit.'';</DELETED>
<DELETED> (3) in the matter preceding subparagraph (A) of
subsection (b)(1)--</DELETED>
<DELETED> (A) by striking ``a plan'' and inserting
``an application''; and</DELETED>
<DELETED> (B) by striking ``such plan'' and
inserting ``such application''; and</DELETED>
<DELETED> (4) in subsection (c)(1), by striking the
semicolon at the end and inserting ``including--</DELETED>
<DELETED> ``(A) the amount contributed to a student
scholarship fund established under section 404E;
and</DELETED>
<DELETED> ``(B) the amount of the costs of
administering the scholarship program under section
404E;''.</DELETED>
<DELETED> (d) Activities.--Section 404D (20 U.S.C. 1070a-24) is
amended to read as follows:</DELETED>
<DELETED>``SEC. 404D. ACTIVITIES.</DELETED>
<DELETED> ``(a) Required Activities.--Each eligible entity receiving
a grant under this chapter shall carry out the following:</DELETED>
<DELETED> ``(1) Provide information regarding financial aid
for postsecondary education to participating students in the
cohort described in subsection 404B(d)(1)(A).</DELETED>
<DELETED> ``(2) Encourage student enrollment in rigorous and
challenging curricula and coursework, in order to reduce the
need for remedial coursework at the postsecondary
level.</DELETED>
<DELETED> ``(3) Support activities designed to improve the
number of participating students who--</DELETED>
<DELETED> ``(A) obtain a secondary school diploma;
and</DELETED>
<DELETED> ``(B) complete applications for and enroll
in a program of postsecondary education.</DELETED>
<DELETED> ``(4) In the case of an eligible entity described
in section 404A(c)(1), provide for the scholarships described
in section 404E.</DELETED>
<DELETED> ``(b) Optional Activities for States and Partnerships.--An
eligible entity that receives a grant under this chapter may use grant
funds to carry out 1 or more of the following activities:</DELETED>
<DELETED> ``(1) Providing tutoring and supporting mentors,
including adults or former participants of a program under this
chapter, for eligible students.</DELETED>
<DELETED> ``(2) Conducting outreach activities to recruit
priority students described in subsection (d) to participate in
program activities.</DELETED>
<DELETED> ``(3) Providing supportive services to eligible
students.</DELETED>
<DELETED> ``(4) Supporting the development or implementation
of rigorous academic curricula, which may include college
preparatory, Advanced Placement, or International Baccalaureate
programs, and providing participating students access to
rigorous core courses that reflect challenging State academic
standards.</DELETED>
<DELETED> ``(5) Supporting dual or concurrent enrollment
programs between the secondary school and institution of higher
education partners of an eligible entity described in section
404A(c)(2), and other activities that support participating
students in--</DELETED>
<DELETED> ``(A) achieving challenging academic
standards;</DELETED>
<DELETED> ``(B) successfully applying for
postsecondary education;</DELETED>
<DELETED> ``(C) successfully applying for student
financial aid; and</DELETED>
<DELETED> ``(D) developing graduation and career
plans.</DELETED>
<DELETED> ``(6) Providing support for scholarships described
in section 404E.</DELETED>
<DELETED> ``(7) Introducing eligible students to
institutions of higher education, through trips and school-
based sessions.</DELETED>
<DELETED> ``(8) Providing an intensive extended school day,
school year, or summer program that offers--</DELETED>
<DELETED> ``(A) additional academic classes;
or</DELETED>
<DELETED> ``(B) assistance with college admission
applications.</DELETED>
<DELETED> ``(9) Providing other activities designed to
ensure secondary school completion and postsecondary education
enrollment of at-risk children, such as--</DELETED>
<DELETED> ``(A) the identification of at-risk
children;</DELETED>
<DELETED> ``(B) after-school and summer
tutoring;</DELETED>
<DELETED> ``(C) assistance to at-risk children in
obtaining summer jobs;</DELETED>
<DELETED> ``(D) academic counseling;</DELETED>
<DELETED> ``(E) volunteer and parent
involvement;</DELETED>
<DELETED> ``(F) encouraging former or current
participants of a program under this chapter to serve
as peer counselors;</DELETED>
<DELETED> ``(G) skills assessments;</DELETED>
<DELETED> ``(H) personal counseling;</DELETED>
<DELETED> ``(I) family counseling and home
visits;</DELETED>
<DELETED> ``(J) staff development; and</DELETED>
<DELETED> ``(K) programs and activities described in
this subsection that are specially designed for
students who are limited English proficient.</DELETED>
<DELETED> ``(10) Enabling eligible students to enroll in
Advanced Placement or International Baccalaureate courses, or
college entrance examination preparation courses.</DELETED>
<DELETED> ``(11) Providing services to eligible students in
the participating cohort described in section 404B(d)(1)(A),
through the first year of attendance at an institution of
higher education.</DELETED>
<DELETED> ``(c) Additional Optional Activities for States.--In
addition to the required activities described in subsection (a) and the
optional activities described in subsection (b), an eligible entity
described in section 404A(c)(1) receiving funds under this chapter may
use grant funds to carry out 1 or more of the following
activities:</DELETED>
<DELETED> ``(1) Providing technical assistance to--
</DELETED>
<DELETED> ``(A) middle schools or secondary schools
that are located within the State; or</DELETED>
<DELETED> ``(B) partnerships described in section
404A(c)(2) that are located within the State.</DELETED>
<DELETED> ``(2) Providing professional development
opportunities to individuals working with eligible cohorts of
students described in section 404B(d)(1)(A).</DELETED>
<DELETED> ``(3) Providing strategies and activities that
align efforts in the State to prepare eligible students for
attending and succeeding in postsecondary education, which may
include the development of graduation and career
plans.</DELETED>
<DELETED> ``(4) Disseminating information on the use of
scientifically based research and best practices to improve
services for eligible students.</DELETED>
<DELETED> ``(5)(A) Disseminating information on effective
coursework and support services that assist students in
obtaining the goals described in subparagraph
(B)(ii).</DELETED>
<DELETED> ``(B) Identifying and disseminating information on
best practices with respect to--</DELETED>
<DELETED> ``(i) increasing parental involvement;
and</DELETED>
<DELETED> ``(ii) preparing students, including
students with disabilities and students who are limited
English proficient, to succeed academically in, and
prepare financially for, postsecondary
education.</DELETED>
<DELETED> ``(6) Working to align State academic standards
and curricula with the expectations of postsecondary
institutions and employers.</DELETED>
<DELETED> ``(7) Developing alternatives to traditional
secondary school that give students a head start on attaining a
recognized postsecondary credential (including an industry
certificate, an apprenticeship, or an associate's or a
bachelor's degree), including school designs that give students
early exposure to college-level courses and experiences and
allow students to earn transferable college credits or an
associate's degree at the same time as a secondary school
diploma.</DELETED>
<DELETED> ``(8) Creating community college programs for
drop-outs that are personalized drop-out recovery programs that
allow drop-outs to complete a regular secondary school diploma
and begin college-level work.</DELETED>
<DELETED> ``(d) Priority Students.--For eligible entities not using
a cohort approach, the eligible entity shall treat as priority students
any student in middle or secondary school who is eligible--</DELETED>
<DELETED> ``(1) to be counted under section 1124(c) of the
Elementary and Secondary Education Act of 1965;</DELETED>
<DELETED> ``(2) for free or reduced price meals under the
Richard B. Russell National School Lunch Act;</DELETED>
<DELETED> ``(3) for assistance under a State program funded
under part A or E of title IV of the Social Security Act (42
U.S.C. 601 et seq., 670 et seq.); or</DELETED>
<DELETED> ``(4) for assistance under subtitle B of title VII
of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11431
et seq.).</DELETED>
<DELETED> ``(e) Allowable Providers.--In the case of eligible
entities described in section 404A(c)(1), the activities required by
this section may be provided by service providers such as community-
based organizations, schools, institutions of higher education, public
and private agencies, nonprofit and philanthropic organizations,
businesses, institutions and agencies sponsoring programs authorized
under subpart 4, and other organizations the State determines
appropriate.''.</DELETED>
<DELETED> (e) Scholarship Component.--Section 404E (20 U.S.C. 1070a-
25) is amended--</DELETED>
<DELETED> (1) by striking subsections (e) and (f);</DELETED>
<DELETED> (2) by redesignating subsections (b), (c), and (d)
as subsections (d), (f), and (g), respectively;</DELETED>
<DELETED> (3) by inserting after subsection (a) the
following:</DELETED>
<DELETED> ``(b) Limitation.--</DELETED>
<DELETED> ``(1) In general.--Subject to paragraph (2), each
eligible entity described in section 404A(c)(1) that receives a
grant under this chapter shall use not less than 25 percent and
not more than 50 percent of the grant funds for activities
described in section 404D(c), with the remainder of such funds
to be used for a scholarship program under this
section.</DELETED>
<DELETED> ``(2) Exception.--Notwithstanding paragraph (1),
the Secretary may allow an eligible entity to use more than 50
percent of grant funds received under this chapter for such
activities, if the eligible entity demonstrates that the
eligible entity has another means of providing the students
with the financial assistance described in this section and
describes such means in the application submitted under section
404C.</DELETED>
<DELETED> ``(c) Notification of Eligibility.--Each eligible entity
providing scholarships under this section shall provide information on
the eligibility requirements for the scholarships to all participating
students upon the students' entry into the programs assisted under this
chapter.'';</DELETED>
<DELETED> (4) in subsection (d) (as redesignated by
paragraph (2)), by striking ``the lesser of'' and all that
follows through the period at the end of paragraph (2) and
inserting ``the minimum Federal Pell Grant award under section
401 for such award year.'';</DELETED>
<DELETED> (5) by inserting after subsection (d) (as
redesignated by paragraph (2) and amended by paragraph (4)) the
following:</DELETED>
<DELETED> ``(e) Portability of Assistance.--</DELETED>
<DELETED> ``(1) In general.--Each eligible entity described
in section 404A(c)(1) that receives a grant under this chapter
shall create or organize a trust for each cohort described in
section 404B(d)(1)(A) for which the grant is sought in the
application submitted by the entity, which trust shall be an
amount that is not less than the minimum scholarship amount
described in subsection (d), multiplied by the number of
students participating in the cohort.</DELETED>
<DELETED> ``(2) Requirement for portability.--Funds
contributed to the trust for a cohort shall be available to a
student in the cohort when the student has--</DELETED>
<DELETED> ``(A) completed a secondary school
diploma, its recognized equivalent, or other recognized
alternative standard for individuals with disabilities;
and</DELETED>
<DELETED> ``(B) enrolled in an institution of higher
education.</DELETED>
<DELETED> ``(3) Qualified educational expenses.--Funds
available to an eligible student from a trust may be used for--
</DELETED>
<DELETED> ``(A) tuition, fees, books, supplies, and
equipment required for the enrollment or attendance of
the eligible student at an institution of higher
education; and</DELETED>
<DELETED> ``(B) in the case of an eligible student
with special needs, expenses for special needs services
which are incurred in connection with such enrollment
or attendance.</DELETED>
<DELETED> ``(4) Return of funds.--</DELETED>
<DELETED> ``(A) Redistribution.--</DELETED>
<DELETED> ``(i) In general.--Trust funds
that are not used by an eligible student within
6 years of the student's scheduled completion
of secondary school may be redistributed by the
eligible entity to other eligible
students.</DELETED>
<DELETED> ``(ii) Return of excess to the
secretary.--If, after meeting the requirements
of paragraph (1) and, if applicable,
redistributing excess funds in accordance with
clause (i), an eligible entity has funds
remaining, the eligible entity shall return
excess funds to the Secretary for distribution
to other grantees under this chapter.</DELETED>
<DELETED> ``(B) Nonparticipating entity.--
Notwithstanding subparagraph (A), in the case of an
eligible entity described in section 404A(c)(1)(A) that
does not receive assistance under this subpart for 6
fiscal years, the eligible entity shall return any
trust funds not awarded or obligated to eligible
students to the Secretary for distribution to other
grantees under this chapter.''; and</DELETED>
<DELETED> (6) in subsection (g) (as redesignated by
paragraph (2))--</DELETED>
<DELETED> (A) in paragraph (2), by striking ``1993''
and inserting ``2000''; and</DELETED>
<DELETED> (B) in paragraph (4), by striking ``early
intervention component required under section 404D''
and inserting ``activities required under section
404D(a)''.</DELETED>
<DELETED> (f) Repeal of 21st Century Scholar Certificates.--Chapter
2 of subpart 2 of part A of title IV (20 U.S.C. 1070a-21 et seq.) is
further amended--</DELETED>
<DELETED> (1) by striking section 404F; and</DELETED>
<DELETED> (2) by redesignating sections 404G and 404H as
sections 404F and 404G, respectively.</DELETED>
<DELETED> (g) Authorization of Appropriations.--Section 404G (as
redesignated by subsection (f)) (20 U.S.C. 1070a-28) is amended by
striking ``$200,000,000 for fiscal year 1999'' and all that follows
through the period and inserting ``such sums as may be necessary for
fiscal year 2006 and each of the 5 succeeding fiscal
years.''.</DELETED>
<DELETED> (h) Conforming Amendments.--Chapter 2 of subpart 2 of part
A of title IV (20 U.S.C. 1070a-21 et seq.) is further amended--
</DELETED>
<DELETED> (1) in section 404A(b)(1), by striking ``404H''
and inserting ``404G'';</DELETED>
<DELETED> (2) in section 404B(a)(1), by striking ``404H''
and inserting ``404G''; and</DELETED>
<DELETED> (3) in section 404F(c) (as redesignated by section
6(2)), by striking ``404H'' and inserting ``404G''.</DELETED>
<DELETED>SEC. 404. ACADEMIC ACHIEVEMENT INCENTIVE
SCHOLARSHIPS.</DELETED>
<DELETED> Chapter 3 of subpart 2 of part A of title IV (20 U.S.C.
1070a-31 et seq.) is repealed.</DELETED>
<DELETED>SEC. 405. FEDERAL SUPPLEMENTAL EDUCATIONAL OPPORTUNITY
GRANTS.</DELETED>
<DELETED> (a) Appropriations Authorized.--Section 413A(b)(1) (20
U.S.C. 1070b(b)(1)) is amended by striking ``$675,000,000 for fiscal
year 1999'' and all that follows through the period and inserting
``such sums as may be necessary for fiscal year 2006 and each of the 5
succeeding fiscal years.''.</DELETED>
<DELETED> (b) Allocation of Funds.--</DELETED>
<DELETED> (1) Allocation of funds.--Section 413D (20 U.S.C.
1070b-3) is amended--</DELETED>
<DELETED> (A) by striking subsection (a)(4);
and</DELETED>
<DELETED> (B) in subsection (c)(3)(D), by striking
``$450'' and inserting ``$600''.</DELETED>
<DELETED> (2) Technical correction.--Section 413D(a)(1) (20
U.S.C. 1070b-3(a)(1)) is amended by striking ``such
institution'' and all that follows through the period and
inserting ``such institution received under subsections (a) and
(b) of this section for fiscal year 1999 (as such subsections
were in effect with respect to allocations for such fiscal
year).''.</DELETED>
<DELETED>SEC. 406. LEVERAGING EDUCATIONAL ASSISTANCE PARTNERSHIP
PROGRAM.</DELETED>
<DELETED> (a) Appropriations Authorized.--Section 415A(b)(1) (20
U.S.C. 1070c(b)(1)) is amended to read as follows:</DELETED>
<DELETED> ``(1) In general.--There are authorized to be
appropriated to carry out this subpart such sums as may be
necessary for fiscal year 2006 and each of the 5 succeeding
fiscal years.''.</DELETED>
<DELETED> (b) Applications.--Section 415C(b) (20 U.S.C. 1070c-2(b))
is amended--</DELETED>
<DELETED> (1) in the matter preceding subparagraph (A) of
paragraph (2), by striking ``not in excess of $5,000 per
academic year'' and inserting ``not to exceed the lesser of
$12,500 or the student's cost of attendance per academic
year''; and</DELETED>
<DELETED> (2) by striking paragraph (10) and inserting the
following:</DELETED>
<DELETED> ``(10) provides notification to eligible students
that such grants are--</DELETED>
<DELETED> ``(A) Leveraging Educational Assistance
Partnership grants; and</DELETED>
<DELETED> ``(B) funded by the Federal Government,
the State, and other contributing
partners.''.</DELETED>
<DELETED> (c) Grants for Access and Persistence.--Section 415E (20
U.S.C. 1070c-3a) is amended to read as follows:</DELETED>
<DELETED>``SEC. 415E. GRANTS FOR ACCESS AND PERSISTENCE.</DELETED>
<DELETED> ``(a) Purpose.--It is the purpose of this section to
expand college access and increase college persistence by making
allotments to States to enable the States to--</DELETED>
<DELETED> ``(1) expand and enhance partnerships with
institutions of higher education, early information and
intervention, mentoring, or outreach programs, private
corporations, philanthropic organizations, and other interested
parties in order to--</DELETED>
<DELETED> ``(A) carry out activities under this
section; and</DELETED>
<DELETED> ``(B) provide coordination and cohesion
among Federal, State, and local governmental and
private efforts that provide financial assistance to
help low-income students attend an institution of
higher education;</DELETED>
<DELETED> ``(2) provide need-based grants for access and
persistence to eligible low-income students;</DELETED>
<DELETED> ``(3) provide early notification to low-income
students of the students' eligibility for financial aid;
and</DELETED>
<DELETED> ``(4) encourage increased participation in early
information and intervention, mentoring, or outreach
programs.</DELETED>
<DELETED> ``(b) Allotments to States.--</DELETED>
<DELETED> ``(1) In general.--</DELETED>
<DELETED> ``(A) Authorization.--From sums reserved
under section 415A(b)(2) for each fiscal year, the
Secretary shall make an allotment to each State that
submits an application for an allotment in accordance
with subsection (c) to enable the State to pay the
Federal share, as described in paragraph (2), of the
cost of carrying out the activities under subsection
(d).</DELETED>
<DELETED> ``(B) Determination of allotment.--In
making allotments under subparagraph (A), the Secretary
shall consider the following:</DELETED>
<DELETED> ``(i) Continuation of award.--If a
State continues to meet the specifications
established in such State's application under
subsection (c), the Secretary shall make an
allotment to such State that is not less than
the allotment made to such State for the
previous fiscal year.</DELETED>
<DELETED> ``(ii) Priority.--The Secretary
shall give priority in making allotments to
States that meet the requirements described in
paragraph (2)(A)(ii).</DELETED>
<DELETED> ``(2) Federal share.--</DELETED>
<DELETED> ``(A) In general.--The Federal share under
this section shall be determined in accordance with the
following:</DELETED>
<DELETED> ``(i) If a State applies for an
allotment under this section in partnership
with--</DELETED>
<DELETED> ``(I) any number of degree
granting institutions of higher
education in the State whose combined
full-time enrollment represents less
than a majority of all students
attending institutions of higher
education in the State; and</DELETED>
<DELETED> ``(II)(aa) philanthropic
organizations that are located in, or
that provide funding in, the State;
or</DELETED>
<DELETED> ``(bb) private
corporations that are located in, or
that do business in, the
State,</DELETED>
<DELETED>then the Federal share of the cost of
carrying out the activities under subsection
(d) shall be equal to 50 percent.</DELETED>
<DELETED> ``(ii) If a State applies for an
allotment under this section in partnership
with--</DELETED>
<DELETED> ``(I) any number of degree
granting institutions of higher
education in the State whose combined
full-time enrollment represents a
majority of all students attending
institutions of higher education in the
State; and</DELETED>
<DELETED> ``(II)(aa) philanthropic
organizations that are located in, or
that provide funding in, the State;
or</DELETED>
<DELETED> ``(bb) private
corporations that are located in, or
that do business in, the
State,</DELETED>
<DELETED>then the Federal share of the cost of
carrying out the activities under subsection
(d) shall be equal to 57 percent.</DELETED>
<DELETED> ``(B) Non-federal share.--</DELETED>
<DELETED> ``(i) In general.--The non-Federal
share under this section may be provided in
cash or in kind, fully evaluated and in
accordance with this subparagraph.</DELETED>
<DELETED> ``(ii) In kind contribution.--For
the purpose of calculating the non-Federal
share under this section, an in kind
contribution is a non-cash award that has
monetary value, such as provision of room and
board and transportation passes, and that helps
a student meet the cost of
attendance.</DELETED>
<DELETED> ``(iii) Effect on need analysis.--
For the purpose of calculating a student's need
in accordance with part F of this title, an in-
kind contribution described in clause (ii)
shall be considered a resource and not a
reduction in the cost of attendance.</DELETED>
<DELETED> ``(c) Application for Allotment.--</DELETED>
<DELETED> ``(1) In general.--</DELETED>
<DELETED> ``(A) Submission.--A State that desires to
receive an allotment under this section on behalf of a
partnership described in paragraph (3) shall submit an
application to the Secretary at such time, in such
manner, and containing such information as the
Secretary may require.</DELETED>
<DELETED> ``(B) Content.--An application submitted
under subparagraph (A) shall include the
following:</DELETED>
<DELETED> ``(i) A description of the State's
plan for using the allotted funds.</DELETED>
<DELETED> ``(ii) Assurances that the State
will provide the non-Federal share from State,
institutional, philanthropic, or private funds,
of not less than the required share of the cost
of carrying out the activities under subsection
(d), as determined under subsection (b), in
accordance with the following:</DELETED>
<DELETED> ``(I) The State shall
specify the methods by which non-
Federal share funds will be paid and
include provisions designed to ensure
that funds provided under this section
will be used to supplement, and not
supplant, Federal and non-Federal funds
available for carrying out the
activities under this title.</DELETED>
<DELETED> ``(II) A State that uses
non-Federal funds to create or expand
existing partnerships with nonprofit
organizations or community-based
organizations in which such
organizations match State funds for
student scholarships, may apply such
matching funds from such organizations
toward fulfilling the State's non-
Federal share obligation under this
clause.</DELETED>
<DELETED> ``(iii) Assurances that early
information and intervention, mentoring, or
outreach programs exist within the State or
that there is a plan to make such programs
widely available.</DELETED>
<DELETED> ``(iv) A description of the
organizational structure that the State has in
place to administer the activities under
subsection (d), including a description of the
system the State will use to track the
participation of students who receive grants
under this section to degree
completion.</DELETED>
<DELETED> ``(v) Assurances that the State
has a method in place, such as acceptance of
the automatic zero expected family contribution
determination described in section 479, to
identify eligible low-income students and award
State grant aid to such students.</DELETED>
<DELETED> ``(vi) Assurances that the State
will provide notification to eligible low-
income students that grants under this section
are--</DELETED>
<DELETED> ``(I) Leveraging
Educational Assistance Partnership
Grants; and</DELETED>
<DELETED> ``(II) funded by the
Federal Government, the State, and
other contributing partners.</DELETED>
<DELETED> ``(2) State agency.--The State agency that submits
an application for a State under section 415C(a) shall be the
same State agency that submits an application under paragraph
(1) for such State.</DELETED>
<DELETED> ``(3) Partnership.--In applying for an allotment
under this section, the State agency shall apply for the
allotment in partnership with--</DELETED>
<DELETED> ``(A) not less than 1 public and 1 private
degree granting institution of higher education that
are located in the State, if applicable;</DELETED>
<DELETED> ``(B) new or existing early information
and intervention, mentoring, or outreach programs
located in the State; and</DELETED>
<DELETED> ``(C) not less than 1--</DELETED>
<DELETED> ``(i) philanthropic organization
located in, or that provides funding in, the
State; or</DELETED>
<DELETED> ``(ii) private corporation located
in, or that does business in, the
State.</DELETED>
<DELETED> ``(4) Roles of partners.--</DELETED>
<DELETED> ``(A) State agency.--A State agency that
is in a partnership receiving an allotment under this
section--</DELETED>
<DELETED> ``(i) shall--</DELETED>
<DELETED> ``(I) serve as the primary
administrative unit for the
partnership;</DELETED>
<DELETED> ``(II) provide or
coordinate non-Federal share funds, and
coordinate activities among
partners;</DELETED>
<DELETED> ``(III) encourage each
institution of higher education in the
State to participate in the
partnership;</DELETED>
<DELETED> ``(IV) make determinations
and early notifications of assistance
as described under subsection (d)(2);
and</DELETED>
<DELETED> ``(V) annually report to
the Secretary on the partnership's
progress in meeting the purpose of this
section; and</DELETED>
<DELETED> ``(ii) may provide early
information and intervention, mentoring, or
outreach programs.</DELETED>
<DELETED> ``(B) Degree granting institutions of
higher education.--A degree granting institution of
higher education that is in a partnership receiving an
allotment under this section--</DELETED>
<DELETED> ``(i) shall--</DELETED>
<DELETED> ``(I) recruit and admit
participating qualified students and
provide such additional institutional
grant aid to participating students as
agreed to with the State
agency;</DELETED>
<DELETED> ``(II) provide support
services to students who receive grants
for access and persistence under this
section and are enrolled at such
institution; and</DELETED>
<DELETED> ``(III) assist the State
in the identification of eligible
students and the dissemination of early
notifications of assistance as agreed
to with the State agency; and</DELETED>
<DELETED> ``(ii) may provide funding for
early information and intervention, mentoring,
or outreach programs or provide such services
directly.</DELETED>
<DELETED> ``(C) Programs.--An early information and
intervention, mentoring, or outreach program that is in
a partnership receiving an allotment under this section
shall provide direct services, support, and information
to participating students.</DELETED>
<DELETED> ``(D) Philanthropic organization or
private corporation.--A philanthropic organization or
private corporation that is in a partnership receiving
an allotment under this section shall provide funds for
grants for access and persistence for participating
students, or provide funds or support for early
information and intervention, mentoring, or outreach
programs.</DELETED>
<DELETED> ``(d) Authorized Activities.--</DELETED>
<DELETED> ``(1) In general.--</DELETED>
<DELETED> ``(A) Establishment of partnership.--Each
State receiving an allotment under this section shall
use the funds to establish a partnership to award
grants for access and persistence to eligible low-
income students in order to increase the amount of
financial assistance such students receive under this
subpart for undergraduate education expenses.</DELETED>
<DELETED> ``(B) Amount of grants.--</DELETED>
<DELETED> ``(i) Partnerships with
institutions serving less than a majority of
students in the state.--</DELETED>
<DELETED> ``(I) In general.--In the
case where a State receiving an
allotment under this section is in a
partnership described in subsection
(b)(2)(B)(i), the amount of a grant for
access and persistence awarded by such
State shall be not less than the amount
that is equal to the average
undergraduate tuition and mandatory
fees at 4-year public institutions of
higher education in the State where the
student resides (less any other Federal
or State sponsored grant amount, work
study amount, and scholarship amount
received by the student), and such
amount shall be used toward the cost of
attendance at an institution of higher
education, located in the State, that
is a partner in the
partnership.</DELETED>
<DELETED> ``(II) Cost of
attendance.--A State that has a
program, apart from the partnership
under this section, of providing
eligible low-income students with
grants that are equal to the average
undergraduate tuition and mandatory
fees at 4-year public institutions of
higher education in the State, may
increase the amount of access and
persistence grants awarded by such
State up to an amount that is equal to
the average cost of attendance at 4-
year public institutions of higher
education in the State (less any other
Federal or State sponsored grant
amount, work study amount, and
scholarship amount received by the
student).</DELETED>
<DELETED> ``(ii) Partnership with
institutions serving the majority of students
in the state.--In the case where a State
receiving an allotment under this section is in
a partnership described in subsection
(b)(2)(B)(ii), the amount of an access and
persistence grant awarded by such State shall
be not more than an amount that is equal to the
average at 4-year public institutions of higher
education in the State where the student
resides (less any other Federal or State
sponsored grant amount, college work study
amount, and scholarship amount received by the
student), and such amount shall be used by the
student to attend an institution of higher
education, located in the State, that is a
partner in the partnership.</DELETED>
<DELETED> ``(2) Early notification.--</DELETED>
<DELETED> ``(A) In general.--Each State receiving an
allotment under this section shall annually notify low-
income students, such as students who are eligible to
receive a free lunch under the school lunch program
established under the Richard B. Russell National
School Lunch Act, in grade 7 through grade 12 in the
State, of the students' potential eligibility for
student financial assistance, including an access and
persistence grant, to attend an institution of higher
education.</DELETED>
<DELETED> ``(B) Content of notice.--The notification
under subparagraph (A)--</DELETED>
<DELETED> ``(i) shall include--</DELETED>
<DELETED> ``(I) information about
early information and intervention,
mentoring, or outreach programs
available to the student;</DELETED>
<DELETED> ``(II) information that a
student's candidacy for an access and
persistence grant is enhanced through
participation in an early information
and intervention, mentoring, or
outreach program;</DELETED>
<DELETED> ``(III) an explanation
that student and family eligibility and
participation in other Federal means-
tested programs may indicate
eligibility for an access and
persistence grant and other student aid
programs;</DELETED>
<DELETED> ``(IV) a nonbinding
estimation of the total amount of
financial aid a low-income student with
a similar income level may expect to
receive, including an estimation of the
amount of an access and persistence
grant and an estimation of the amount
of grants, loans, and all other
available types of aid from the major
Federal and State financial aid
programs;</DELETED>
<DELETED> ``(V) an explanation that
in order to be eligible for an access
and persistence grant, at a minimum, a
student shall--</DELETED>
<DELETED> ``(aa) meet the
requirement under paragraph
(3);</DELETED>
<DELETED> ``(bb) graduate
from secondary school;
and</DELETED>
<DELETED> ``(cc) enroll at
an institution of higher
education that is a partner in
the partnership;</DELETED>
<DELETED> ``(VI) information on any
additional requirements (such as a
student pledge detailing student
responsibilities) that the State may
impose for receipt of an access and
persistence grant under this section;
and</DELETED>
<DELETED> ``(VII) instructions on
how to apply for an access and
persistence grant and an explanation
that a student is required to file a
Free Application for Federal Student
Aid authorized under section 483(a) to
be eligible for such grant and
assistance from other Federal and State
financial aid programs; and</DELETED>
<DELETED> ``(ii) may include a disclaimer
that access and persistence grant awards are
contingent upon--</DELETED>
<DELETED> ``(I) a determination of
the student's financial eligibility at
the time of the student's enrollment at
an institution of higher education that
is a partner in the
partnership;</DELETED>
<DELETED> ``(II) annual Federal and
State appropriations; and</DELETED>
<DELETED> ``(III) other aid received
by the student at the time of the
student's enrollment at an institution
of higher education that is a partner
in the partnership.</DELETED>
<DELETED> ``(3) Eligibility.--In determining which students
are eligible to receive access and persistence grants, the
State shall ensure that each such student meets not less than 1
of the following:</DELETED>
<DELETED> ``(A) Meets not less than 2 of the
following criteria, with priority given to students
meeting all of the following criteria:</DELETED>
<DELETED> ``(i) Has an expected family
contribution equal to zero (as described in
section 479) or a comparable alternative based
upon the State's approved criteria in section
415C(b)(4).</DELETED>
<DELETED> ``(ii) Has qualified for a free
lunch, or at the State's discretion a reduced
price lunch, under the school lunch program
established under the Richard B. Russell
National School Lunch Act.</DELETED>
<DELETED> ``(iii) Qualifies for the State's
maximum undergraduate award, as authorized
under section 415C(b).</DELETED>
<DELETED> ``(iv) Is participating in, or has
participated in, a Federal, State,
institutional, or community early information
and intervention, mentoring, or outreach
program, as recognized by the State agency
administering activities under this
section.</DELETED>
<DELETED> ``(B) Is receiving, or has received, an
access and persistence grant under this section, in
accordance with paragraph (5).</DELETED>
<DELETED> ``(4) Grant award.--Once a student, including
those students who have received early notification under
paragraph (2) from the State, applies for admission to an
institution that is a partner in the partnership, files a Free
Application for Federal Student Aid and any related existing
State form, and is determined eligible by the State under
paragraph (3), the State shall--</DELETED>
<DELETED> ``(A) issue the student a preliminary
access and persistence grant award certificate with
tentative award amounts; and</DELETED>
<DELETED> ``(B) inform the student that payment of
the access and persistence grant award amounts is
subject to certification of enrollment and award
eligibility by the institution of higher
education.</DELETED>
<DELETED> ``(5) Duration of award.--An eligible student that
receives an access and persistence grant under this section
shall receive such grant award for each year of such student's
undergraduate education in which the student remains eligible
for assistance under this title, including pursuant to section
484(c), and remains financially eligible as determined by the
State, except that the State may impose reasonable time limits
to baccalaureate degree completion.</DELETED>
<DELETED> ``(e) Use of Funds for Administrative Costs Prohibited.--A
State that receives an allotment under this section shall not use any
of the allotted funds to pay administrative costs associated with any
of the authorized activities described in subsection (d).</DELETED>
<DELETED> ``(f) Statutory and Regulatory Relief for Institutions of
Higher Education.--The Secretary may grant, upon the request of an
institution of higher education that is in a partnership described in
subsection (b)(2)(B)(ii) and that receives an allotment under this
section, a waiver for such institution from statutory or regulatory
requirements that inhibit the ability of the institution to
successfully and efficiently participate in the activities of the
partnership.</DELETED>
<DELETED> ``(g) Applicability Rule.--The provisions of this subpart
which are not inconsistent with this section shall apply to the program
authorized by this section.</DELETED>
<DELETED> ``(h) Maintenance of Effort Requirement.--Each State
receiving an allotment under this section for a fiscal year shall
provide the Secretary with an assurance that the aggregate amount
expended per student or the aggregate expenditures by the State, from
funds derived from non-Federal sources, for the authorized activities
described in subsection (d) for the preceding fiscal year were not less
than the amount expended per student or the aggregate expenditure by
the State for the activities for the second preceding fiscal
year.</DELETED>
<DELETED> ``(i) Special Rule.--Notwithstanding subsection (h), for
purposes of determining a State's share of the cost of the authorized
activities described in subsection (d), the State shall consider only
those expenditures from non-Federal sources that exceed the State's
total expenditures for need-based grants, scholarships, and work-study
assistance for fiscal year 1999 (including any such assistance provided
under this subpart).</DELETED>
<DELETED> ``(j) Reports.--Not later than 3 years after the date of
enactment of the Higher Education Amendments of 2005 and annually
thereafter, the Secretary shall submit a report describing the
activities and the impact of the partnerships under this section to the
authorizing committees.''.</DELETED>
<DELETED>SEC. 407. SPECIAL PROGRAMS FOR STUDENTS WHOSE FAMILIES ARE
ENGAGED IN MIGRANT AND SEASONAL FARMWORK.</DELETED>
<DELETED> Section 418A (20 U.S.C. 1070d-2) is amended--</DELETED>
<DELETED> (1) in subsection (a), by adding ``(including
providing outreach and technical assistance)'' after ``maintain
and expand'';</DELETED>
<DELETED> (2) in subsection (b)--</DELETED>
<DELETED> (A) in paragraph (1)(B)(i), by striking
``parents'' and inserting ``immediate
family'';</DELETED>
<DELETED> (B) in paragraph (3)(B), by inserting
``(including preparation for college entrance
examinations)'' after ``college program'';</DELETED>
<DELETED> (C) in paragraph (5), by striking
``weekly'';</DELETED>
<DELETED> (D) in paragraph (7), by striking ``and''
after the semicolon;</DELETED>
<DELETED> (E) in paragraph (8), by striking the
period at the end and inserting ``; and'';
and</DELETED>
<DELETED> (F) by adding at the end the
following:</DELETED>
<DELETED> ``(9) other activities to improve persistence and
retention in postsecondary education.'';</DELETED>
<DELETED> (3) in subsection (c)--</DELETED>
<DELETED> (A) in paragraph (1)--</DELETED>
<DELETED> (i) in subparagraph (B)--
</DELETED>
<DELETED> (I) in the matter
preceding clause (i), by inserting ``to
improve placement, persistence, and
retention in postsecondary education''
after ``services''; and</DELETED>
<DELETED> (II) in clause (i), by
striking ``and career'' and inserting
``career, and economic education or
personal finance'';</DELETED>
<DELETED> (ii) in subparagraph (E), by
striking ``and'' after the semicolon;</DELETED>
<DELETED> (iii) by redesignating
subparagraph (F) as subparagraph (G);
and</DELETED>
<DELETED> (iv) by inserting after
subparagraph (E) the following:</DELETED>
<DELETED> ``(F) internships; and''; and</DELETED>
<DELETED> (B) in paragraph (2)--</DELETED>
<DELETED> (i) in subparagraph (A), by
striking ``and'' after the semicolon;</DELETED>
<DELETED> (ii) in subparagraph (B), by
striking the period at the end and inserting
``, and coordinating such services, assistance,
and aid with other non-program services,
assistance, and aid, including services,
assistance, and aid provided by community-based
organizations, which may include mentoring and
guidance; and''; and</DELETED>
<DELETED> (iii) by adding at the end the
following:</DELETED>
<DELETED> ``(C) for students attending 2-year
institutions of higher education, encouraging the
students to transfer to 4-year institutions of higher
education, where appropriate, and monitoring the rate
of transfer of such students.'';</DELETED>
<DELETED> (4) in subsection (e), by striking ``section
402A(c)(1)'' and inserting ``section 402A(c)(2)'';</DELETED>
<DELETED> (5) in subsection (f)--</DELETED>
<DELETED> (A) in paragraph (1), by striking
``$150,000'' and inserting ``$180,000''; and</DELETED>
<DELETED> (B) in paragraph (2), by striking
``$150,000'' and inserting ``$180,000''; and</DELETED>
<DELETED> (6) in subsection (h)--</DELETED>
<DELETED> (A) in paragraph (1), by striking
``$15,000,000 for fiscal year 1999'' and all that
follows through the period and inserting ``such sums as
may be necessary for fiscal year 2006 and each of the 5
succeeding fiscal years.''; and</DELETED>
<DELETED> (B) in paragraph (2), by striking
``$5,000,000 for fiscal year 1999'' and all that
follows through the period and inserting ``such sums as
may be necessary for fiscal year 2006 and each of the 5
succeeding fiscal years.''.</DELETED>
<DELETED>SEC. 408. ROBERT C. BYRD HONORS SCHOLARSHIP PROGRAM.</DELETED>
<DELETED> Section 419K (20 U.S.C. 1070d-41) is amended by striking
``$45,000,000 for fiscal year 1999'' and all that follows through the
period and inserting ``such sums as may be necessary for fiscal year
2006 and each of the 5 succeeding fiscal years.''.</DELETED>
<DELETED>SEC. 409. CHILD CARE ACCESS MEANS PARENTS IN SCHOOL.</DELETED>
<DELETED> (a) Minimum Grant.--Section 419N(b)(2)(B) (20 U.S.C.
1070e(b)(2)(B)) is amended--</DELETED>
<DELETED> (1) by striking ``A grant'' and inserting the
following:</DELETED>
<DELETED> ``(i) In general.--Except as
provided in clause (ii), a grant'';
and</DELETED>
<DELETED> (2) by adding at the end the following:</DELETED>
<DELETED> ``(ii) Increase trigger.--For any
fiscal year for which the amount appropriated
under the authority of subsection (g) is equal
to or greater than $20,000,000, a grant under
this section shall be awarded in an amount that
is not less than $30,000.''.</DELETED>
<DELETED> (b) Definition of Low-Income Student.--Paragraph (7) of
section 419N(b) (20 U.S.C. 1070e(b)) is amended to read as
follows:</DELETED>
<DELETED> ``(7) Definition of low-income student.--For the
purpose of this section, the term `low-income student' means a
student who--</DELETED>
<DELETED> ``(A) is eligible to receive a Federal
Pell Grant for the fiscal year for which the
determination is made; or</DELETED>
<DELETED> ``(B) would otherwise be eligible to
receive a Federal Pell Grant for the fiscal year for
which the determination is made, except that the
student fails to meet the requirements of--</DELETED>
<DELETED> ``(i) section 401(c)(1) because
the student is enrolled in a graduate or first
professional course of study; or</DELETED>
<DELETED> ``(ii) section 484(a)(5) because
the student is in the United States for a
temporary purpose.''.</DELETED>
<DELETED> (c) Authorization of Appropriations.--Section 419N(g) (20
U.S.C. 1070e(g)) is amended by striking ``$45,000,000 for fiscal year
1999'' and all that follows through the period and inserting ``such
sums as may be necessary for fiscal year 2006 and each of the 5
succeeding fiscal years.''.</DELETED>
<DELETED>SEC. 410. LEARNING ANYTIME ANYWHERE PARTNERSHIPS.</DELETED>
<DELETED> Subpart 8 of part A of title IV (20 U.S.C. 1070f et seq.)
is repealed.</DELETED>
<DELETED>PART B--FEDERAL FAMILY EDUCATION LOAN PROGRAM</DELETED>
<DELETED>SEC. 421. EXTENSION OF AUTHORITIES.</DELETED>
<DELETED> (a) Federal Insurance Limitations.--Section 424(a) (20
U.S.C. 1074(a)) is amended--</DELETED>
<DELETED> (1) by striking ``2004'' and inserting ``2012'';
and</DELETED>
<DELETED> (2) by striking ``2008'' and inserting
``2016''.</DELETED>
<DELETED> (b) Guaranteed Loans.--Section 428(a)(5) (20 U.S.C.
1078(a)(5)) is amended--</DELETED>
<DELETED> (1) by striking ``2004'' and inserting ``2012'';
and</DELETED>
<DELETED> (2) by striking ``2008'' and inserting
``2016''.</DELETED>
<DELETED> (3) Consolidation loans.--Section 428C(e) (20
U.S.C. 1078-3(e)) is amended by striking ``2004'' and inserting
``2012''.</DELETED>
<DELETED>SEC. 422. FEDERAL PAYMENTS TO REDUCE STUDENT INTEREST
COSTS.</DELETED>
<DELETED> Section 428 (20 U.S.C. 1078) is amended--</DELETED>
<DELETED> (1) in subsection (b)(1)--</DELETED>
<DELETED> (A) in subparagraph (N)--</DELETED>
<DELETED> (i) in clause (i), by striking
``or'' after the semicolon; and</DELETED>
<DELETED> (ii) by striking clause (ii) and
inserting the following:</DELETED>
<DELETED> ``(ii) in the case of a student
who is studying outside the United States in a
program of study abroad that is approved for
credit by the home institution at which such
student is enrolled, are, at the request of the
student, disbursed directly to the student by
the means described in clause (i), unless such
student requests that the check be endorsed, or
the funds transfer be authorized, pursuant to
an authorized power-of-attorney; or</DELETED>
<DELETED> ``(iii) in the case of a student
who is studying outside the United States in a
program of study at an eligible foreign
institution, are, at the request of the foreign
institution, disbursed directly to the student
by the means described in clause (i);'';
and</DELETED>
<DELETED> (B) in subparagraph (Y)(i)(III), by
inserting ``, except that, if requested by an
institution of higher education, the lender shall
confirm such status through use of the National Student
Loan Data System'' before the semicolon; and</DELETED>
<DELETED> (2) in subsection (c)(2)(H)(i), by striking
``preclaims'' and inserting ``default aversion''.</DELETED>
<DELETED>SEC. 423. FEDERAL CONSOLIDATION LOANS.</DELETED>
<DELETED> Section 428C(b)(1) (20 U.S.C. 1078-3(b)(1)) is amended--
</DELETED>
<DELETED> (1) in subparagraph (E), by striking ``and'' after
the semicolon;</DELETED>
<DELETED> (2) by redesignating subparagraph (F) as
subparagraph (G); and</DELETED>
<DELETED> (3) by inserting after subparagraph (E) the
following:</DELETED>
<DELETED> ``(F) that the lender will disclose, in a
clear and conspicuous manner, to borrowers who
consolidate loans made under part E of this title--
</DELETED>
<DELETED> ``(i) that once the borrower adds
the borrower's Federal Perkins Loan to a
Federal Consolidation Loan, the borrower will
lose all interest-free periods that would have
been available, such as those periods when no
interest accrues on the Federal Perkins Loan
while the borrower is enrolled in school at
least half-time, during the grace period, and
during periods when the borrower's student loan
repayments are deferred;</DELETED>
<DELETED> ``(ii) that the borrower will no
longer be eligible for loan forgiveness of
Federal Perkins Loans under any provision of
section 465; and</DELETED>
<DELETED> ``(iii) the occupations described
in section 465(a)(2), individually and in
detail, for which the borrower will lose
eligibility for Federal Perkins Loan
forgiveness; and''.</DELETED>
<DELETED>SEC. 424. DEFAULT REDUCTION PROGRAM.</DELETED>
<DELETED> Section 428F (20 U.S.C. 1078-6) is amended by adding at
the end the following:</DELETED>
<DELETED> ``(c) Financial and Economic Literacy.--Where appropriate
as determined by the institution of higher education in which a
borrower is enrolled, each program described in subsection (b) shall
include making available financial and economic education materials for
the borrower, including making the materials available before, during,
or after rehabilitation of a loan.''.</DELETED>
<DELETED>SEC. 425. REPORTS TO CREDIT BUREAUS AND INSTITUTIONS OF HIGHER
EDUCATION.</DELETED>
<DELETED> Section 430A(a) (20 U.S.C. 1080a(a)) is amended--
</DELETED>
<DELETED> (1) in the first sentence, by striking ``with
credit bureau organizations'' and inserting ``with each
consumer reporting agency that compiles and maintains files on
consumers on a nationwide basis (as defined in section 603(q)
of the Fair Credit Reporting Act (15 U.S.C.
1681a(q))'';</DELETED>
<DELETED> (2) by redesignating paragraphs (1), (2), and (3)
as paragraphs (2), (4), and (5), respectively;</DELETED>
<DELETED> (3) by inserting before paragraph (2) (as
redesignated by paragraph (2)), the following:</DELETED>
<DELETED> ``(1) the type of loan made, insured, or
guaranteed under this title;'';</DELETED>
<DELETED> (4) by inserting after paragraph (2) (as
redesignated by paragraph (2)), the following:</DELETED>
<DELETED> ``(3) information concerning the repayment status
of the loan, which information shall be included in the file of
the borrower, except that nothing in this paragraph shall be
construed to affect any otherwise applicable provision of the
Fair Credit Reporting Act (15 U.S.C. 1681 et seq.)'';</DELETED>
<DELETED> (5) in paragraph (4) (as redesignated by paragraph
(2)), by striking ``and'' after the semicolon;</DELETED>
<DELETED> (6) in paragraph (5) (as redesignated by paragraph
(2)), by striking the period and inserting ``; and'';
and</DELETED>
<DELETED> (7) by adding at the end the following:</DELETED>
<DELETED> ``(6) any other information required to be
reported by Federal law.''.</DELETED>
<DELETED>SEC. 426. COMMON FORMS AND FORMATS.</DELETED>
<DELETED> Section 432(m)(1)(D)(i) (20 U.S.C. 1082(m)(1)(D)(i)) is
amended by adding at the end the following: ``Unless otherwise notified
by the Secretary, each institution of higher education that
participates in the program under this part or part D may use a master
promissory note for loans under this part and part D.''.</DELETED>
<DELETED>SEC. 427. STUDENT LOAN INFORMATION BY ELIGIBLE
BORROWERS.</DELETED>
<DELETED> Section 433 (20 U.S.C. 1083) is amended by adding at the
end the following:</DELETED>
<DELETED> ``(f) Borrower Information and Privacy.--Each eligible
lender, guaranty agency, secondary market, consumer reporting agency,
or student loan servicer participating in a program under this part
shall not use, release, sell, transfer, or give any student
information, including the name, address, social security number, or
amount borrowed by a borrower or a borrower's parent, for any purpose
that is not related to the processing of, the collecting of, the
servicing of, or other activities associated with the prevention of
default on, loans under this title.</DELETED>
<DELETED> ``(g) Loan Benefit Disclosures.--</DELETED>
<DELETED> ``(1) In general.--Each eligible lender, holder,
or servicer of a loan made, insured, or guaranteed under this
part shall provide the borrower with information on the loan
benefit repayment options the lender, holder, or servicer
offer, including information on reductions in interest rates--
</DELETED>
<DELETED> ``(A) by repaying the loan by automatic
payroll or checking account deduction;</DELETED>
<DELETED> ``(B) by completing a program of on-time
repayment; and</DELETED>
<DELETED> ``(C) under any other interest rate
reduction program.</DELETED>
<DELETED> ``(2) Information.--Such borrower information
shall include--</DELETED>
<DELETED> ``(A) any limitations on such
options;</DELETED>
<DELETED> ``(B) explicit information on the reasons
a borrower may lose eligibility for such an
option;</DELETED>
<DELETED> ``(C) examples of the impact the interest
rate reductions will have on a borrower's time for
repayment and amount of repayment;</DELETED>
<DELETED> ``(D) upon the request of the borrower,
the effect the reductions in interest rates will have
with respect to the borrower's payoff amount and time
for repayment; and</DELETED>
<DELETED> ``(E) information on borrower
recertification requirements.''.</DELETED>
<DELETED>SEC. 428. CONSUMER EDUCATION INFORMATION.</DELETED>
<DELETED> Part B (20 U.S.C. 1071 et seq.) is amended by inserting
after section 433 (20 U.S.C. 1083) the following:</DELETED>
<DELETED>``SEC. 433A. CONSUMER EDUCATION INFORMATION.</DELETED>
<DELETED> ``Each guaranty agency participating in a program under
this part working with the institutions of higher education served by
such guaranty agency (or in the case of an institution of higher
education that provides loans exclusively through part D, the
institution working with a guaranty agency or with the Secretary) shall
develop and make available a quality educational program and materials
to provide training for students in budgeting and financial management,
including debt management and other aspects of financial literacy, such
as the cost of using very high interest loans to pay for postsecondary
education, particularly as budgeting and financial management relates
to student loan programs authorized by this title. Nothing in this
section shall be construed to prohibit a guaranty agency from using an
existing program or existing materials to meet the requirement of this
section. The activities described in this section shall be considered
default reduction activities for the purposes of section
422.''.</DELETED>
<DELETED>SEC. 429. DEFINITION OF ELIGIBLE LENDER.</DELETED>
<DELETED> Section 435(d)(2) (20 U.S.C. 1085(d)(2)) is amended by
striking subparagraph (F) and inserting the following:</DELETED>
<DELETED> ``(F) shall use the proceeds from special
allowance payments, interest payments from borrowers,
proceeds from the sale of a loan made, insured, or
guaranteed under this part, and all other proceeds
related to such a loan that are furnished to the
eligible institution or any entity affiliated (directly
or indirectly) with the eligible institution, for need
based grant programs, except that such payments and
proceeds may be used for reasonable reimbursement for
direct administrative expenses;''.</DELETED>
<DELETED>SEC. 430. REPAYMENT BY THE SECRETARY OF LOANS OF BANKRUPT,
DECEASED, OR DISABLED BORROWERS; TREATMENT OF BORROWERS
ATTENDING SCHOOLS THAT FAIL TO PROVIDE A REFUND,
ATTENDING CLOSED SCHOOLS, OR FALSELY CERTIFIED AS
ELIGIBLE TO BORROW.</DELETED>
<DELETED> Section 437 (20 U.S.C. 1087) is amended--</DELETED>
<DELETED> (1) in the section heading, by striking ``closed
schools or falsely certified as eligible to borrow'' and
inserting ``schools that fail to provide a refund, attending
closed schools, or falsely certified as eligible to borrow'';
and</DELETED>
<DELETED> (2) in the first sentence of subsection (c)(1), by
inserting ``or was falsely certified as a result of a crime of
identity theft'' after ``falsely certified by the eligible
institution''.</DELETED>
<DELETED>PART C--FEDERAL WORK-STUDY PROGRAMS</DELETED>
<DELETED>SEC. 441. AUTHORIZATION OF APPROPRIATIONS.</DELETED>
<DELETED> Section 441(b) (42 U.S.C. 2751(b)) is amended by striking
``$1,000,000 for fiscal year 1999'' and all that follows through the
period and inserting ``such sums as may be necessary for fiscal year
2006 and each of the 5 succeeding fiscal years.''.</DELETED>
<DELETED>SEC. 442. ALLOWANCE FOR BOOKS AND SUPPLIES.</DELETED>
<DELETED> Section 442(c)(4)(D) (42 U.S.C. 2752(c)(4)(D)) is amended
by striking ``$450'' and inserting ``$600''.</DELETED>
<DELETED>SEC. 443. GRANTS FOR FEDERAL WORK-STUDY PROGRAMS.</DELETED>
<DELETED> Section 443(b)(2) (42 U.S.C. 2753(b)(2)) is amended--
</DELETED>
<DELETED> (1) by striking subparagraph (A);</DELETED>
<DELETED> (2) by redesignating subparagraphs (B) and (C) as
subparagraphs (A) and (B), respectively; and</DELETED>
<DELETED> (3) in subparagraph (A) (as redesignated by
paragraph (2)), by striking ``this subparagraph if'' and all
that follows through ``institution;'' and inserting ``this
subparagraph if--</DELETED>
<DELETED> ``(i) the Secretary determines
that enforcing this subparagraph would cause
hardship for students at the institution;
or</DELETED>
<DELETED> ``(ii) the institution certifies
to the Secretary that 15 percent or more of its
total full-time enrollment participates in
community service activities described in
section 441(c) or tutoring and literacy
activities described in subsection (d) of this
section;''.</DELETED>
<DELETED>SEC. 444. JOB LOCATION AND DEVELOPMENT PROGRAMS.</DELETED>
<DELETED> Section 446(a)(1) (42 U.S.C. 2756(a)(1)) is amended by
striking ``$50,000'' and inserting ``$75,000''.</DELETED>
<DELETED>SEC. 445. WORK COLLEGES.</DELETED>
<DELETED> Section 448(f) (42 U.S.C. 2756b(f)) is amended by striking
``5,000,000 for fiscal year 1999'' and all that follows through the
period and inserting ``such sums as may be necessary for fiscal year
2006 and each of the 5 succeeding fiscal years.''.</DELETED>
<DELETED>PART D--WILLIAM D. FORD FEDERAL DIRECT LOAN PROGRAM</DELETED>
<DELETED>SEC. 451. FUNDS FOR ADMINISTRATIVE EXPENSES.</DELETED>
<DELETED> Section 458 (20 U.S.C. 1087h) is amended--</DELETED>
<DELETED> (1) in subsection (a)(1), in the matter following
subparagraph (B), by striking ``$617,000,000'' and all that
follows through the period and inserting ``$904,000,000 in
fiscal year 2006, $943,000,000 in fiscal year 2007,
$983,000,000 in fiscal year 2008, $1,023,000,000 in fiscal year
2009, $1,064,000,000 in fiscal year 2010, and $1,106,000,000 in
fiscal year 2011.''; and</DELETED>
<DELETED> (2) in subsection (c)(1), by striking
subparagraphs (A) through (E) and inserting the
following:</DELETED>
<DELETED> ``(A) for fiscal year 2006, shall not
exceed $271,000,000;</DELETED>
<DELETED> ``(B) for fiscal year 2007, shall not
exceed $293,000,000;</DELETED>
<DELETED> ``(C) for fiscal year 2008, shall not
exceed $315,000,000;</DELETED>
<DELETED> ``(D) for fiscal year 2009, shall not
exceed $336,000,000;</DELETED>
<DELETED> ``(E) for fiscal year 2010, shall not
exceed $356,000,000; and</DELETED>
<DELETED> ``(F) for fiscal year 2011, shall not
exceed $378,000,000.''.</DELETED>
<DELETED>PART E--FEDERAL PERKINS LOANS</DELETED>
<DELETED>SEC. 461. PROGRAM AUTHORITY.</DELETED>
<DELETED> Section 461(b) (20 U.S.C. 1087aa(b)) is amended--
</DELETED>
<DELETED> (1) in paragraph (1), by striking ``$250,000,000
for fiscal year 1999'' and all that follows through the period
and inserting ``such sums as may be necessary for fiscal year
2006 and each of the 5 succeeding fiscal years.'';
and</DELETED>
<DELETED> (2) in paragraph (2),--</DELETED>
<DELETED> (A) by striking ``fiscal year 2003'' and
inserting ``fiscal year 2009''; and</DELETED>
<DELETED> (B) by striking ``October 1, 2003'' and
inserting ``October 1, 2009''.</DELETED>
<DELETED>SEC. 462. TERMS OF LOANS.</DELETED>
<DELETED> Section 464 (20 U.S.C. 1087dd) is amended--</DELETED>
<DELETED> (1) in subsection (b)(1), by striking ``for an
additional loan under this part'' and inserting ``for
additional aid under this title''; and</DELETED>
<DELETED> (2) in subsection (e), by striking
``written''.</DELETED>
<DELETED>SEC. 463. CANCELLATION OF LOANS FOR CERTAIN PUBLIC
SERVICE.</DELETED>
<DELETED> Section 465(a) (20 U.S.C. 1087ee(a)) is amended--
</DELETED>
<DELETED> (1) in paragraph (2)--</DELETED>
<DELETED> (A) in subparagraph (B), by striking
``Head Start Act which'' and inserting ``Head Start
Act, or in a prekindergarten or child care program that
is licensed or regulated by the State,
that'';</DELETED>
<DELETED> (B) in subparagraph (H), by striking
``or'' after the semicolon;</DELETED>
<DELETED> (C) in subparagraph (I), by striking the
period and inserting a semicolon; and</DELETED>
<DELETED> (D) by inserting before the matter
following subparagraph (I) (as amended by subparagraph
(C)) the following:</DELETED>
<DELETED> ``(J) as a full-time faculty member at a tribally
controlled college or university, as that term is defined in
section 2 of the Tribally Controlled College or University
Assistance Act of 1978; or</DELETED>
<DELETED> ``(K) as a librarian, if the librarian has a
master's degree in library science and is employed in--
</DELETED>
<DELETED> ``(i) an elementary school or secondary
school library that is eligible for assistance under
title I of the Elementary and Secondary Education Act
of 1965; or</DELETED>
<DELETED> ``(ii) a public library that serves a
geographic area that contains 1 or more schools
eligible for assistance under title I of the Elementary
and Secondary Education Act of 1965.''; and</DELETED>
<DELETED> (2) in paragraph (3)(A)(i), by striking ``or (I)''
and inserting ``(I), (J), or (K)''.</DELETED>
<DELETED>PART F--NEED ANALYSIS</DELETED>
<DELETED>SEC. 471. COST OF ATTENDANCE.</DELETED>
<DELETED> Section 472 (20 U.S.C. 1087ll) is amended--</DELETED>
<DELETED> (1) by striking paragraph (4) and inserting the
following:</DELETED>
<DELETED> ``(4) for less than half-time students (as
determined by the institution), tuition and fees and an
allowance for only--</DELETED>
<DELETED> ``(A) books, supplies, and transportation
(as determined by the institution);</DELETED>
<DELETED> ``(B) dependent care expenses (determined
in accordance with paragraph (8)); and</DELETED>
<DELETED> ``(C) room and board costs (determined in
accordance with paragraph (3)), except that a student
may receive an allowance for such costs under this
subparagraph for not more than 3 semesters or the
equivalent, of which not more than 2 semesters or the
equivalent may be consecutive;'';</DELETED>
<DELETED> (2) in paragraph (11), by striking ``and'' after
the semicolon;</DELETED>
<DELETED> (3) in paragraph (12), by striking the period and
inserting ``; and''; and</DELETED>
<DELETED> (4) by adding at the end the following:</DELETED>
<DELETED> ``(13) at the option of the institution, for a
student in a program requiring professional licensure or
certification, the one time cost of obtaining the first
professional credentials (as determined by the
institution).''.</DELETED>
<DELETED>SEC. 472. DEFINITIONS.</DELETED>
<DELETED> (a) Definitions.--Section 480 (20 U.S.C. 1087vv) is
amended--</DELETED>
<DELETED> (1) in subsection (f)--</DELETED>
<DELETED> (A) in paragraph (1), by inserting
``qualified education benefits (except as provided in
paragraph (3)),'' after ``tax shelters,'';
and</DELETED>
<DELETED> (B) by adding at the end the
following:</DELETED>
<DELETED> ``(3) A qualified education benefit shall not be
considered an asset of a student for purposes of section 475.</DELETED>
<DELETED> ``(4) In determining the value of assets in a
determination of need under this title (other than for subpart 4 of
part A), the value of a qualified education benefit shall be--
</DELETED>
<DELETED> ``(A) the refund value of any tuition credits or
certificates purchased under a qualified education benefit;
and</DELETED>
<DELETED> ``(B) in the case of a program in which
contributions are made to an account that is established for
the purpose of meeting the qualified higher education expenses
of the designated beneficiary of the account, the current
balance of such account.</DELETED>
<DELETED> ``(5) In this subsection:</DELETED>
<DELETED> ``(A) Qualified education benefit.--The term
`qualified education benefit' means--</DELETED>
<DELETED> ``(i) a qualified tuition program (as
defined in section 529(b)(1)(A) of the Internal Revenue
Code of 1986) or other prepaid tuition plan offered by
a State; and</DELETED>
<DELETED> ``(ii) a Coverdell education savings
account (as defined in section 530(b)(1) of the
Internal Revenue Code of 1986).</DELETED>
<DELETED> ``(B) Qualified higher education expenses.--The
term `qualified higher education expenses' has the meaning
given the term in section 529(e) of the Internal Revenue Code
of 1986.''; and</DELETED>
<DELETED> (2) in subsection (j)--</DELETED>
<DELETED> (A) in the subsection heading, by striking
``; Tuition Prepayment Plans'';</DELETED>
<DELETED> (B) by striking paragraph (2);</DELETED>
<DELETED> (C) by redesignating paragraph (3) as
paragraph (2); and</DELETED>
<DELETED> (D) by inserting after paragraph (2) (as
redesignated by subparagraph (C)) the following
paragraph:</DELETED>
<DELETED> ``(3) Notwithstanding paragraph (1) and section 472,
assistance not received under this title may be excluded from both
estimated financial assistance and cost of attendance, if that
assistance is designated by the State providing that assistance to
offset a specific component of the cost of attendance. If that
assistance is excluded from estimated financial assistance or cost of
attendance, that assistance shall be excluded from both
calculations.''.</DELETED>
<DELETED> (b) Effective Date.--The amendments made by this section
shall apply with respect to determinations of need under part F of
title IV for academic years beginning on or after July 1,
2006.</DELETED>
<DELETED>PART G--GENERAL PROVISIONS RELATING TO STUDENT
ASSISTANCE</DELETED>
<DELETED>SEC. 481. DEFINITION OF ACADEMIC AND AWARD YEAR.</DELETED>
<DELETED> The second sentence of section 481(a)(2) (20 U.S.C.
1088(a)(2)) is amended by inserting ``and that measures program length
in credit hours or clock hours'' after ``baccalaureate
degree''.</DELETED>
<DELETED>SEC. 482. COMPLIANCE CALENDAR.</DELETED>
<DELETED> Section 482 (20 U.S.C. 1089) is amended by adding at the
end the following:</DELETED>
<DELETED> ``(a) Compliance Calendar.--Prior to the beginning of each
award year, the Secretary shall provide to institutions of higher
education a list of all the reports and disclosures required under this
Act. The list shall include--</DELETED>
<DELETED> ``(1) the date each report or disclosure is
required to be completed and to be submitted, made available,
or disseminated;</DELETED>
<DELETED> ``(2) the required recipients of each report or
disclosure;</DELETED>
<DELETED> ``(3) any required method for transmittal or
dissemination of each report or disclosure;</DELETED>
<DELETED> ``(4) a description of the content of each report
or disclosure sufficient to allow the institution to identify
the appropriate individuals to be assigned the responsibility
for such report or disclosure;</DELETED>
<DELETED> ``(5) references to the statutory authority,
applicable regulations, and current guidance issued by the
Secretary regarding each report or disclosure; and</DELETED>
<DELETED> ``(6) any other information which is pertinent to
the content or distribution of the report or
disclosure.''.</DELETED>
<DELETED>SEC. 483. FORMS AND REGULATIONS.</DELETED>
<DELETED> Section 483 (20 U.S.C. 1090) is amended--</DELETED>
<DELETED> (1) by striking subsections (a) and (b), and
inserting the following:</DELETED>
<DELETED> ``(a) Common Financial Aid Form Development and
Processing.--</DELETED>
<DELETED> ``(1) In general.--The Secretary, in cooperation
with representatives of agencies and organizations involved in
student financial assistance, shall produce, distribute, and
process free of charge common financial reporting forms as
described in this subsection to be used to determine the need
and eligibility of a student for financial assistance under
parts A through E of this title (other than under subpart 4 of
part A). The forms shall be made available to applicants in
both paper and electronic formats and shall be referred to
(except as otherwise provided in this subsection) as the `Free
Application for Federal Student Aid', or `FAFSA'.</DELETED>
<DELETED> ``(2) Paper format.--</DELETED>
<DELETED> ``(A) In general.--Subject to subparagraph
(C), the Secretary shall produce, distribute, and
process common forms in paper format to meet the
requirements of paragraph (1). The Secretary shall
develop a common paper form for applicants who do not
meet the requirements of or do not wish to use the
process described in subparagraph (B).</DELETED>
<DELETED> ``(B) EZ fafsa.--</DELETED>
<DELETED> ``(i) In general.--The Secretary
shall develop and use a simplified paper
application form, to be known as the `EZ
FAFSA', to be used for applicants meeting the
requirements under section 479(c).</DELETED>
<DELETED> ``(ii) Reduced data
requirements.--The EZ FAFSA shall permit an
applicant to submit for purposes of determining
financial need and eligibility, only the data
elements required to make a determination of
student eligibility and whether the applicant
meets the requirements of section
479(c).</DELETED>
<DELETED> ``(iii) State data.--The Secretary
shall include on the EZ FAFSA such data items
as may be necessary to award State financial
assistance, as provided under paragraph (5),
except the Secretary shall not include a
State's data if that State does not permit its
applicants for State assistance to use the EZ
FAFSA.</DELETED>
<DELETED> ``(iv) Free availability and
processing.--The provisions of paragraph (6)
shall apply to the EZ FAFSA, and the data
collected by means of the EZ FAFSA shall be
available to institutions of higher education,
guaranty agencies, and States in accordance
with paragraph (9).</DELETED>
<DELETED> ``(v) Testing.--The Secretary
shall conduct appropriate field testing on the
EZ FAFSA.</DELETED>
<DELETED> ``(C) Phasing out the full paper form for
students who do not meet the requirements of the ez
fafsa.--</DELETED>
<DELETED> ``(i) In general.--The Secretary
shall make all efforts to encourage all
applicants to utilize the electronic forms
described in paragraph (3).</DELETED>
<DELETED> ``(ii) Phaseout of full paper
fafsa.--Not later than 5 years after the date
of enactment of the Higher Education Amendments
of 2005, to the extent practicable, the
Secretary shall phase out the printing of the
long paper form created under subparagraph (A)
and used by applicants who do not meet the
requirements of the EZ FAFSA described in
subparagraph (B).</DELETED>
<DELETED> ``(iii) Availability of full paper
fafsa.--</DELETED>
<DELETED> ``(I) In general.--Both
prior to and after the phaseout
described in clause (ii), the Secretary
shall maintain on the Internet
printable versions of the paper forms
described in subparagraphs (A) and
(B).</DELETED>
<DELETED> ``(II) Accessibility.--The
printable versions described in
subclause (I) shall be made easily
accessible and downloadable to students
on the same Web site used to provide
students with the common electronic
forms described in paragraph
(3).</DELETED>
<DELETED> ``(III) Submission of
forms.--The Secretary shall conduct a
study to determine the feasibility of
using downloaded forms to ensure
sufficient quality to meet the
processing requirements of this
section. Following the completion of
the study, the Secretary shall enable,
to the extent practicable, students to
submit a form described in this clause
that is downloaded from the Internet
and printed, in order to meet the
filing requirements of this section and
to receive financial assistance under
this title.</DELETED>
<DELETED> ``(iv) Use of savings.--</DELETED>
<DELETED> ``(I) In general.--The
Secretary shall utilize any realized
savings accrued by phasing out the full
paper FAFSA and moving more applicants
to the common electronic forms, to
improve access to the electronic forms
for applicants meeting the requirements
of section 479(c).</DELETED>
<DELETED> ``(II) Report.--The
Secretary shall report annually to the
authorizing committees on--</DELETED>
<DELETED> ``(aa) the steps
taken to improve access to the
common electronic forms for
applicants meeting the
requirements of section 479(c);
and</DELETED>
<DELETED> ``(bb) the
phaseout of the long common
paper form described in
subparagraph (A).</DELETED>
<DELETED> ``(3) Electronic format.--</DELETED>
<DELETED> ``(A) In general.--The Secretary shall
produce, distribute, and process common forms in
electronic format and make such forms available through
a broadly accessible website to meet the requirements
of paragraph (1). The Secretary shall develop common
electronic forms for applicants who do not meet the
requirements of subparagraph (B). The Secretary shall
include on the common electronic forms space for
information that needs to be submitted from the
applicant to be eligible for State financial
assistance, as provided under paragraph (5), except the
Secretary shall not require applicants to complete data
required by any State other than the applicant's State
of residence. The Secretary shall use all available
technology to ensure that a student using a common
electronic form answers only the minimum number of
questions necessary.</DELETED>
<DELETED> ``(B) Simplified electronic
applications.--</DELETED>
<DELETED> ``(i) In general.--The Secretary
shall develop and use a simplified electronic
application form to be used by applicants
meeting the requirements of section 479(c) and
an additional, separate simplified electronic
application form to be used by applicants
meeting the requirements under section
479(b).</DELETED>
<DELETED> ``(ii) Reduced data
requirements.--The simplified electronic
application forms shall permit an applicant to
submit for purposes of determining financial
need and eligibility, only the data elements
required to make a determination of student
eligibility and whether the applicant meets the
requirements under subsection (b) or (c) of
section 479.</DELETED>
<DELETED> ``(iii) State data.--The Secretary
shall include on the simplified electronic
application forms such data items as may be
necessary to award State financial assistance,
as provided under paragraph (5), except the
Secretary shall not require applicants to
complete data required by any State other than
the applicant's State of residence and shall
not include a State's data if such State does
not permit its applicants for State assistance
to use the simplified electronic application
form described in this subparagraph.</DELETED>
<DELETED> ``(iv) Free availability and
processing.--The provisions of paragraph (6)
shall apply to the simplified electronic
application forms, and the data collected by
means of the simplified electronic application
forms shall be available to institutions of
higher education, guaranty agencies, and States
in accordance with paragraph (9).</DELETED>
<DELETED> ``(v) Testing.--The Secretary
shall conduct appropriate field testing on the
forms developed under this
subparagraph.</DELETED>
<DELETED> ``(C) Use of forms.--Nothing in this
subsection shall be construed to prohibit the use of
the forms developed by the Secretary pursuant to this
paragraph by an eligible institution, eligible lender,
a guaranty agency, a State grant agency, a private
computer software provider, a consortium of such
entities, or such other entity as the Secretary may
designate. Data collected by the forms shall be used
only for the application, award, and administration of
aid awarded under this title, State aid, or aid awarded
by eligible institutions or such entities as the
Secretary may designate. No data collected by such
electronic version of the forms shall be used for
making final aid awards under this title until such
data have been processed by the Secretary or a
contractor or designee of the Secretary, except as may
be permitted under this title.</DELETED>
<DELETED> ``(D) Privacy.--The Secretary shall ensure
that data collection under this paragraph complies with
section 552a of title 5, United States Code, and that
any entity using the electronic version of the forms
developed by the Secretary pursuant to this paragraph
shall maintain reasonable and appropriate
administrative, technical, and physical safeguards to
ensure the integrity and confidentiality of the
information, and to protect against security threats,
or unauthorized uses or disclosures of the information
provided on the electronic version of the
forms.</DELETED>
<DELETED> ``(E) Signature.--Notwithstanding any
other provision of this Act, the Secretary may permit
an electronic form under this paragraph to be submitted
without a signature, if a signature is subsequently
submitted by the applicant or if the applicant uses a
personal identification number provided by the
Secretary under subparagraph (F).</DELETED>
<DELETED> ``(F) Personal identification numbers
authorized.--The Secretary is authorized to assign to
applicants personal identification numbers--</DELETED>
<DELETED> ``(i) to enable the applicants to
use such numbers as a signature for purposes of
completing a form under this paragraph;
and</DELETED>
<DELETED> ``(ii) for any purpose determined
by the Secretary to enable the Secretary to
carry out this title.</DELETED>
<DELETED> ``(4) Streamlined reapplication process.--
</DELETED>
<DELETED> ``(A) In general.--The Secretary shall
develop streamlined reapplication forms and processes,
including both paper and electronic reapplication
processes, consistent with the requirements of this
subsection, for an applicant who applies for financial
assistance under this title in the next succeeding
academic year subsequent to an academic year in which
such applicant applied for financial assistance under
this title.</DELETED>
<DELETED> ``(B) Mechanisms for reapplication.--The
Secretary shall develop appropriate mechanisms to
support reapplication.</DELETED>
<DELETED> ``(C) Identification of updated data.--The
Secretary shall determine, in cooperation with States,
institutions of higher education, and agencies and
organizations involved in student financial assistance,
the data elements that can be updated from the previous
academic year's application.</DELETED>
<DELETED> ``(D) Reduced data authorized.--Nothing in
this title shall be construed as limiting the authority
of the Secretary to reduce the number of data elements
required of reapplicants.</DELETED>
<DELETED> ``(E) Zero family contribution.--
Applicants determined to have a zero family
contribution pursuant to section 479(c) shall not be
required to provide any financial data in a
reapplication form, except that which is necessary to
determine eligibility under such section.</DELETED>
<DELETED> ``(5) State requirements.--</DELETED>
<DELETED> ``(A) In general.--Except as provided in
paragraphs (2)(B)(iii), (3)(A), and (3)(B)(iii), the
Secretary shall include on the forms developed under
this subsection, such State-specific data items as the
Secretary determines are necessary to meet State
requirements for need-based State aid. Such items shall
be selected in consultation with State agencies in
order to assist in the awarding of State financial
assistance in accordance with the terms of this
subsection, except as provided in paragraphs
(2)(B)(iii), (3)(A), and (3)(B)(iii). The number of
such data items shall not be less than the number
included on the form for the 2005-2006 award year
unless a State notifies the Secretary that the State no
longer requires those data items for the distribution
of State need-based aid.</DELETED>
<DELETED> ``(B) Annual review.--The Secretary shall
conduct an annual review process to determine which
data items the States require to award need-based State
aid.</DELETED>
<DELETED> ``(C) Encourage use of forms.--The
Secretary shall encourage States to take such steps as
are necessary to encourage the use of simplified
application forms, including those described in
paragraphs (2)(B) and (3)(B), for applicants who meet
the requirements of subsection (b) or (c) of section
479.</DELETED>
<DELETED> ``(D) Federal register notice.--The
Secretary shall publish, on an annual basis, a notice
in the Federal Register requiring States to inform the
Secretary--</DELETED>
<DELETED> ``(i) if the State plans to use
the FAFSA to collect data to determine
eligibility for State need-based financial
aid;</DELETED>
<DELETED> ``(ii) of the State-specific data
that the State requires for delivery of State
need-based financial aid; and</DELETED>
<DELETED> ``(iii) if the State agency is
unable to permit applicants to utilize the
simplified application forms described in
paragraph (2)(B) or (3)(B).</DELETED>
<DELETED> ``(E) State notification to the
secretary.--</DELETED>
<DELETED> ``(i) In general.--Each State
agency shall notify the Secretary--</DELETED>
<DELETED> ``(I) whether the State
permits an applicant to file a form
described in paragraph (2)(B) or (3)(B)
for purposes of determining eligibility
for State need-based financial aid;
and</DELETED>
<DELETED> ``(II) of the State-
specific data that the State requires
for delivery of State need-based
financial aid.</DELETED>
<DELETED> ``(ii) Acceptance of forms.--If a
State does not permit an applicant to file a
form described in paragraph (2)(B) or (3)(B)
for purposes of determining eligibility for
State need-based financial aid, then the State
shall notify the Secretary if it is not
permitted to do so because of State law or
agency policy. The notification shall include
an acknowledgment that State-specific questions
will not be included on a form described in
paragraph (2)(B) or (3)(B).</DELETED>
<DELETED> ``(iii) Lack of notification by
the state.--If a State does not notify the
Secretary pursuant to clause (i), the Secretary
shall--</DELETED>
<DELETED> ``(I) permit residents of
that State to complete simplified
application forms under paragraphs
(2)(B) and (3)(B); and</DELETED>
<DELETED> ``(II) not require any
resident of such State to complete any
data previously required by that State
under this section.</DELETED>
<DELETED> ``(F) Restriction.--The Secretary shall
not require applicants to complete any financial or
non-financial data that are not required by the
applicant's State, except as may be required for
applicants who use the paper forms described in
subparagraphs (A) and (B) of paragraph (2).</DELETED>
<DELETED> ``(6) Charges to students and parents for use of
forms prohibited.--The common financial reporting forms
prescribed by the Secretary under this subsection shall be
produced, distributed, and processed by the Secretary, and no
parent or student shall be charged a fee by the Secretary, a
contractor, a third-party servicer or private software
provider, or any other public or private entity for the
collection, processing, or delivery of financial aid through
the use of such forms. The need and eligibility of a student
for financial assistance under parts A through E (other than
under subpart 4 of part A) may be determined only by using a
form developed by the Secretary pursuant to this subsection. No
student may receive financial assistance under parts A through
E (other than under subpart 4 of part A), except by use of a
form developed by the Secretary pursuant to this subsection. No
data collected on a paper or electronic form, worksheet, or
other document for which a fee is charged shall be used to
complete the form prescribed under this subsection. No person,
commercial entity, or other entity shall request, obtain, or
utilize an applicant's personal identification number assigned
under paragraph (3)(F) for purposes of submitting an
application on an applicant's behalf.</DELETED>
<DELETED> ``(7) Application processing cycle.--The Secretary
shall--</DELETED>
<DELETED> ``(A) enable students to submit forms
created under this subsection in order to meet the
filing requirements of this section and in order to
receive financial assistance from programs under this
title; and</DELETED>
<DELETED> ``(B) enable students to submit forms
created under this subsection and initiate the
processing of such forms under this subsection, as
early as practicable prior to January 1 of the
student's planned year of enrollment.</DELETED>
<DELETED> ``(8) Early estimates.--The Secretary shall permit
an applicant to complete a form described in this subsection in
the years prior to enrollment in order to obtain from the
Secretary a nonbinding estimate of the applicant's expected
family contribution, as defined in section 473. Such applicant
shall be permitted to update information submitted on a form
described in this subsection using the process required under
paragraph (4).</DELETED>
<DELETED> ``(9) Distribution of data.--Institutions of
higher education, guaranty agencies, and States shall receive,
without charge, the data collected by the Secretary using the
form developed pursuant to this subsection for the purposes of
processing loan applications and determining need and
eligibility for institutional and State financial aid awards.
Entities designated by institutions of higher education,
guaranty agencies, or States to receive such data shall be
subject to all the requirements of this section, unless such
requirements are waived by the Secretary.</DELETED>
<DELETED> ``(10) Third party servicers and private software
providers.--To the extent practicable and in a timely manner,
the Secretary shall provide, to private organizations and
consortia that develop software used by institutions of higher
education for the administration of funds under this title, all
the necessary specifications that the organizations and
consortia must meet for the software the organizations and
consortia develop, produce, and distribute (including any
diskette, modem, or network communications) which are so used.
The specifications shall contain record layouts for required
data. The Secretary shall develop in advance of each processing
cycle an annual schedule for providing such specifications. The
Secretary, to the extent practicable, shall use means of
providing such specifications, including conferences and other
meetings, outreach, and technical support mechanisms (such as
training and printed reference materials). The Secretary shall,
from time to time, solicit from such organizations and
consortia means of improving the support provided by the
Secretary.</DELETED>
<DELETED> ``(11) Parent's social security number and birth
date.--The Secretary is authorized to include on the form
developed under this subsection space for the social security
number and birth date of parents of dependent students seeking
financial assistance under this title.'';</DELETED>
<DELETED> (2) by redesignating subsections (c) through (e)
as subsections (b) through (d), respectively; and</DELETED>
<DELETED> (3) in subsection (c) (as redesignated by
paragraph (2)), by striking ``that is authorized'' and all that
follows through the period at the end and inserting ``or other
appropriate provider of technical assistance and information on
postsecondary educational services that is authorized under
section 663(a) of the Individuals with Disabilities Education
Act. Not later than 2 years after the date of enactment of the
Higher Education Amendments of 2005, the Secretary shall test
and implement, to the extent practicable, a toll-free telephone
based system to permit applicants who meet the requirements of
479(c) to submit an application over such system.''.</DELETED>
<DELETED>SEC. 484. STUDENT ELIGIBILITY.</DELETED>
<DELETED> Section 484 (20 U.S.C. 1091) is amended--</DELETED>
<DELETED> (1) in subsection (d), by adding at the end the
following:</DELETED>
<DELETED> ``(4) The student shall be determined by the
institution of higher education as having the ability to
benefit from the education or training offered by the
institution of higher education, upon satisfactory completion
of 6 credit hours or the equivalent coursework that are
applicable toward a degree or certificate offered by the
institution of higher education.'';</DELETED>
<DELETED> (2) by striking subsection (l) and inserting the
following:</DELETED>
<DELETED> ``(l) Courses Offered Through Distance Education.--
</DELETED>
<DELETED> ``(1) Relation to correspondence courses.--
</DELETED>
<DELETED> ``(A) In general.--A student enrolled in a
course of instruction at an institution of higher
education that is offered predominately through
distance education and leads to a recognized
certificate, or associate, baccalaureate, or graduate
degree, conferred by such institution, shall not be
considered to be enrolled in correspondence
courses.</DELETED>
<DELETED> ``(B) Exception.--An institution of higher
education referred to in subparagraph (A) shall not
include an institution or school described in section
3(3)(C) of the Carl D. Perkins Vocational and Technical
Education Act of 1998.</DELETED>
<DELETED> ``(2) Restriction or reductions of financial
aid.--A student's eligibility to receive grants, loans, or work
assistance under this title shall be reduced if a financial aid
officer determines under the discretionary authority provided
in section 479A that telecommunications instruction results in
a substantially reduced cost of attendance to such
student.</DELETED>
<DELETED> ``(3) Special rule.--For award years prior to the
date of enactment of this subsection, the Secretary shall not
take any compliance, disallowance, penalty, or other action
against a student or an eligible institution when such action
arises out of such institution's prior award of student
assistance under this title if the institution demonstrates to
the satisfaction of the Secretary that its course of
instruction would have been in conformance with the
requirements of this subsection.</DELETED>
<DELETED> ``(4) Definition.--In this subsection, the term
`distance education' has the meaning given the term in section
102.''; and</DELETED>
<DELETED> (3) in subsection (r)--</DELETED>
<DELETED> (A) in the matter preceding the table, by
inserting ``of a controlled substance, while such
student is enrolled in an institution of higher
education and receiving financial assistance under this
title,'' after ``the possession'';</DELETED>
<DELETED> (B) in the column heading of the first
table, by inserting ``while the student is enrolled in
an institution of higher education and receiving
financial assistance under this title'' after
``possession of a controlled substance''; and</DELETED>
<DELETED> (C) by redesignating paragraph (3) as
paragraph (4); and</DELETED>
<DELETED> (D) by inserting after paragraph (2) the
following:</DELETED>
<DELETED> ``(2) Interaction with fafsa.--The Secretary shall
not require a student to provide information regarding the
student's possession of a controlled substance on the Free
Application for Federal Student Aid described in section
483(a).''.</DELETED>
<DELETED>SEC. 485. STATUTE OF LIMITATIONS AND STATE COURT
JUDGMENTS.</DELETED>
<DELETED> Section 484A (20 U.S.C. 1091a) is amended--</DELETED>
<DELETED> (1) in subsection (b)--</DELETED>
<DELETED> (A) in paragraph (1), by striking ``and''
after the semicolon;</DELETED>
<DELETED> (B) in paragraph (2), by striking the
period and inserting ``; and''; and</DELETED>
<DELETED> (C) by adding at the end the
following:</DELETED>
<DELETED> ``(3) in collecting any obligation arising from a
loan made under part E of this title, an institution of higher
education that has an agreement with the Secretary pursuant to
section 463(a) shall not be subject to a defense raised by any
borrower based on a claim of infancy.''; and</DELETED>
<DELETED> (2) by adding at the end the following:</DELETED>
<DELETED> ``(d) Special Rule.--This section shall not apply in the
case of a student who is deceased or to a deceased student's estate or
the estate of such student's family. If a student is deceased, then the
student's estate or the estate of the student's family shall not be
required to repay any financial assistance under this title , including
interest paid on the student's behalf, collection costs, or other
charges specified in this title.''.</DELETED>
<DELETED>SEC. 486. INSTITUTIONAL REFUNDS.</DELETED>
<DELETED> Section 484B (20 U.S.C. 1091B) is amended--</DELETED>
<DELETED> (1) in subsection (a)--</DELETED>
<DELETED> (A) in the matter preceding clause (i) of
paragraph (2)(A), by striking ``a leave of'' and
inserting ``1 or more leaves of''; and</DELETED>
<DELETED> (B) in paragraph (3)(C)(i), by striking
``grant or loan assistance under this title'' and
inserting ``grant assistance under subparts 1 and 3 of
part A, or loan assistance under parts B, D, and
E,'';</DELETED>
<DELETED> (2) in subsection (b), by adding at the end the
following:</DELETED>
<DELETED> ``(4) Time frame.--Not later than 45 days after
the date of an institution's determination that a student
withdrew from the institution, the institution shall--
</DELETED>
<DELETED> ``(A) return the amount required under
paragraph (1);</DELETED>
<DELETED> ``(B) notify the student of the applicable
requirements regarding the overpayment of grant and
loan assistance and</DELETED>
<DELETED> ``(C) notify the student of the student's
eligibility for post-withdrawal
disbursements.'';</DELETED>
<DELETED> (3) in subsection (c)(2)--</DELETED>
<DELETED> (A) by striking the period at the end and
inserting ``; or'';</DELETED>
<DELETED> (B) by striking ``may determine the
appropriate'' and inserting ``may determine--</DELETED>
<DELETED> ``(A) the appropriate''; and</DELETED>
<DELETED> (C) by adding at the end the
following:</DELETED>
<DELETED> ``(B) that the requirements of this
section do not apply to the student.''; and</DELETED>
<DELETED> (4) in subsection (d)(2), by striking ``clock
hours--'' and all that follows through the period and inserting
``clock hours scheduled to be completed by the student in that
period as of the day the student withdrew.''.</DELETED>
<DELETED>SEC. 487. INSTITUTIONAL AND FINANCIAL ASSISTANCE FOR
STUDENTS.</DELETED>
<DELETED> Section 485 (20 U.S.C. 1092) is amended--</DELETED>
<DELETED> (1) in subsection (a)--</DELETED>
<DELETED> (A) in paragraph (1)--</DELETED>
<DELETED> (i) in subparagraph (N), by
striking ``and'' after the semicolon;</DELETED>
<DELETED> (ii) in subparagraph (O), by
striking the period and inserting ``; and'';
and</DELETED>
<DELETED> (iii) by adding at the end the
following:</DELETED>
<DELETED> ``(P) student body diversity at the institution,
including information on the percentage of enrolled, full-time
students who are--</DELETED>
<DELETED> ``(i) male;</DELETED>
<DELETED> ``(ii) female;</DELETED>
<DELETED> ``(iii) from a low-income background;
and</DELETED>
<DELETED> ``(iv) a self-identified member of a major
racial or ethnic group.'';</DELETED>
<DELETED> (B) by striking paragraph (4) and
inserting the following:</DELETED>
<DELETED> ``(4) For purposes of this section, institutions
may--</DELETED>
<DELETED> ``(A) exclude from the information
disclosed in accordance with subparagraph (L) of
paragraph (1) the completion or graduation rates of
students who leave school to serve in the Armed Forces,
on official church missions, or with a recognized
foreign aid service of the Federal Government;
or</DELETED>
<DELETED> ``(B) in cases where 20 percent or more of
the students described in subparagraph (A) are excluded
in a reporting year, include in such information on the
completion or graduation rates of students described in
subparagraph (A) by excluding from the calculation
described in paragraph (3) the time period such
students were not enrolled due to their service in the
Armed Forces, on official church missions, or with a
recognized foreign aid service of the Federal
Government.''; and</DELETED>
<DELETED> (C) by adding at the end the
following:</DELETED>
<DELETED> ``(7) The information disclosed under subparagraph (L) of
paragraph (1), or reported under subsection (e), shall include
information disaggregated by gender, by each major racial and ethnic
subgroup, and by low-income background status as measured by Federal
Pell Grant eligibility, if the number of students in such subgroup or
with such status is sufficient to yield statistically reliable
information and reporting would not reveal personally identifiable
information about an individual student. If such number is not
sufficient for such purposes, then the institution shall note that the
institution enrolled too few of such students to so disclose or report
with confidence and confidentiality.'';</DELETED>
<DELETED> (2) in subsection (b), by adding at the end the
following:</DELETED>
<DELETED> ``(3) Each eligible institution shall, during the
exit interview required by this subsection, provide to a
borrower of a loan made under part B, D, or E a clear and
conspicuous notice describing the general effects of using a
consolidation loan to discharge the borrower's student loans,
including--</DELETED>
<DELETED> ``(A) the effects of consolidation on
total interest to be paid, fees to be paid, and length
of repayment;</DELETED>
<DELETED> ``(B) the effects of consolidation on a
borrower's underlying loan benefits, including loan
forgiveness, cancellation, and deferment;</DELETED>
<DELETED> ``(C) the ability for the borrower to
prepay the loan, pay on a shorter schedule, and to
change repayment plans, and that borrower benefit
programs may vary among different loan
holders;</DELETED>
<DELETED> ``(D) the tax benefits for which the
borrower may be eligible; and</DELETED>
<DELETED> ``(E) the consequences of
default.'';</DELETED>
<DELETED> (3) in subsection (d)(2)--</DELETED>
<DELETED> (A) by inserting ``grant assistance, as
well as State'' after ``describing State'';
and</DELETED>
<DELETED> (B) by inserting ``and other means,
including through the Internet'' before the period at
the end;</DELETED>
<DELETED> (4) in subsection (e), by striking paragraph (3)
and inserting the following:</DELETED>
<DELETED> ``(3) For purposes of this subsection,
institutions may--</DELETED>
<DELETED> ``(A) exclude from the reporting
requirements under paragraphs (1) and (2) the
completion or graduation rates of students and student
athletes who leave school to serve in the Armed Forces,
on official church missions, or with a recognized
foreign aid service of the Federal Government;
or</DELETED>
<DELETED> ``(B) in cases where 20 percent or more of
the students described in subparagraph (A) are excluded
in a reporting year, include in such information on the
completion or graduation rates of students described in
subparagraph (A) by excluding from the calculation
described in subsection (a)(3) the time period such
students were not enrolled due to their service in the
Armed Forces, on official church missions, or with a
recognized foreign aid service of the Federal
Government.'';</DELETED>
<DELETED> (5) in the matter preceding subparagraph (A) of
subsection (f)(1), by inserting ``, other than a foreign
institution of higher education,'' after ``under this title'';
and</DELETED>
<DELETED> (6) by adding at the end the following:</DELETED>
<DELETED> ``(h) Transfer of Credit Policies.--</DELETED>
<DELETED> ``(1) Disclosure.--Each institution of higher
education participating in any program under this title shall
publicly disclose in a readable and comprehensible manner the
institution's transfer of credit policies which shall include a
statement of the institution's current transfer of credit
policies that includes, at a minimum--</DELETED>
<DELETED> ``(A) a statement that transfer of credit
shall not be denied solely on the basis of the agency
or association that accredited such other institution
of higher education, if that agency or association is
recognized by the Secretary pursuant to section 496 to
be a reliable authority as to the quality of the
education or training offered; and</DELETED>
<DELETED> ``(B) a list of institutions of higher
education with which the institution has established an
articulation agreement.</DELETED>
<DELETED> ``(2) Rule of construction.--Nothing in this
subsection shall be construed to--</DELETED>
<DELETED> ``(A) authorize an officer or employee of
the Department to exercise any direction, supervision,
or control over the curriculum, program of instruction,
administration, or personnel of any institution of
higher education, or over any accrediting agency or
association;</DELETED>
<DELETED> ``(B) limit the application of the General
Education Provisions Act; or</DELETED>
<DELETED> ``(C) create any legally enforceable right
on the part of a student to require an institution of
higher education to accept a transfer of credit from
another institution.''.</DELETED>
<DELETED>SEC. 488. NATIONAL STUDENT LOAN DATA SYSTEM.</DELETED>
<DELETED> Section 485B(a) (20 U.S.C. 1092b(a)) is amended--
</DELETED>
<DELETED> (1) by redesignating paragraphs (6) through (10)
as paragraphs (7) through (11), respectively;</DELETED>
<DELETED> (2) in paragraph (5) (as added by Public Law 101-
610), by striking ``effectiveness.'' and inserting
``effectiveness;''; and</DELETED>
<DELETED> (3) by redesignating paragraph (5) (as added by
Public Law 101-234) as paragraph (6).</DELETED>
<DELETED>SEC. 489. EARLY AWARENESS OF FINANCIAL AID ELIGIBILITY AND
DEMONSTRATION PROGRAM TO PROVIDE EARLY ESTIMATES AND
EARLY AWARDS OF FINANCIAL AID.</DELETED>
<DELETED> Part G of title IV (20 U.S.C. 1088 et seq.) is amended by
inserting after section 485C (20 U.S.C. 1092c) the following:</DELETED>
<DELETED>``SEC. 485D. EARLY AWARENESS OF FINANCIAL AID ELIGIBILITY AND
DEMONSTRATION PROGRAM TO PROVIDE EARLY ESTIMATES AND
EARLY AWARDS OF FINANCIAL AID.</DELETED>
<DELETED> ``(a) In General.--The Secretary shall implement, in
cooperation with States, institutions of higher education, secondary
schools, middle schools, early intervention and outreach programs under
this title, other agencies and organizations involved in student
financial assistance and college access, public libraries, community
centers, employers, and businesses, a comprehensive system of early
financial aid information in order to provide students and families
with early information about financial aid and early estimates of such
students' eligibility for financial aid from multiple sources. Such
system shall include the activities described in subsections (b) and
(c).</DELETED>
<DELETED> ``(b) Communication of Availability of Aid and Aid
Eligibility.--</DELETED>
<DELETED> ``(1) Students who receive benefits.--The
Secretary shall--</DELETED>
<DELETED> ``(A) make special efforts to notify
students who receive or are eligible to receive
benefits under Federal means-tested benefit programs
(including the school lunch program established under
the Richard B. Russell National School Lunch Act (42
U.S.C. 1751 et seq.), the food stamp program under the
Food Stamp Act of 1977 (7 U.S.C. 2011 et seq.), and
other such programs as determined by the Secretary) of
such students' potential eligibility for a maximum
Federal Pell Grant under subpart 1 of part A;
and</DELETED>
<DELETED> ``(B) disseminate such informational
materials as the Secretary determines
necessary.</DELETED>
<DELETED> ``(2) Middle school students.--The Secretary, in
cooperation with States, institutions of higher education,
other organizations involved in college access and student
financial aid, middle schools, and programs under this title
that serve middle school students, shall make special efforts
to notify students and their parents of the availability of
financial aid under this title and, in accordance with
subsection (c), shall provide nonbinding estimates of grant,
work-study, and loan aid that an individual may be eligible for
under this title upon completion of an application form under
section 483(a). The Secretary shall ensure that such
information is as accurate as possible and that such
information is provided in an age-appropriate format using
dissemination mechanisms suitable for students in middle
school.</DELETED>
<DELETED> ``(3) Secondary school students.--The Secretary,
in cooperation with States, institutions of higher education,
other organizations involved in college access and student
financial aid, secondary schools, and programs under this title
that serve secondary school students, shall make special
efforts to notify students in secondary school and their
parents, as early as possible but not later than such students'
junior year of secondary school, of the availability of
financial aid under this title and, in accordance with
subsection (c), shall provide nonbinding estimates of the
amounts of grant, work-study, and loan aid that an individual
may be eligible for under this title upon completion of an
application form under section 483(a). The Secretary shall
ensure that such information is as accurate as possible and
that such information is provided in an age-appropriate format
using dissemination mechanisms suitable for students in
secondary school.</DELETED>
<DELETED> ``(4) Adult learners.--The Secretary, in
cooperation with States, institutions of higher education,
other organizations involved in college access and student
financial aid, employers, workforce investment boards and
public libraries, shall make special efforts to provide
individuals who would qualify as independent students, as
defined in section 480(d), with information regarding the
availability of financial aid under this title and, in
accordance with subsection (c), with nonbinding estimates of
the amounts of grant, work-study, and loan aid that an
individual may be eligible for under this title upon completion
of an application form under section 483(a). The Secretary
shall ensure that such information--</DELETED>
<DELETED> ``(A) is as accurate as
possible;</DELETED>
<DELETED> ``(B) includes specific information
regarding the availability of financial aid for
students qualified as independent students, as defined
in section 480(d); and</DELETED>
<DELETED> ``(C) uses dissemination mechanisms
suitable for adult learners.</DELETED>
<DELETED> ``(5) Public awareness campaign.--Not later than 2
years after the date of enactment of the Higher Education
Amendments of 2005, the Secretary, in coordination with States,
institutions of higher education, early intervention and
outreach programs under this title, other agencies and
organizations involved in student financial aid, local
educational agencies, public libraries, community centers,
businesses, employers, employment services, workforce
investment boards, and movie theaters, shall implement a public
awareness campaign in order to increase national awareness
regarding the availability of financial aid under this title.
The public awareness campaign shall disseminate accurate
information regarding the availability of financial aid under
this title and shall be implemented, to the extent practicable,
using a variety of media, including print, television, radio
and the Internet. The Secretary shall design and implement the
public awareness campaign based upon relevant independent
research and the information and dissemination strategies found
most effective in implementing paragraphs (1) through
(4).</DELETED>
<DELETED> ``(c) Availability of Nonbinding Estimates of Federal
Financial Aid Eligibility.--</DELETED>
<DELETED> ``(1) In general.--The Secretary, in cooperation
with States, institutions of higher education, and other
agencies and organizations involved in student financial aid,
shall provide, via a printed form and the Internet or other
electronic means, the capability for individuals to determine
easily, by entering relevant data, nonbinding estimates of
amounts of grant and loan aid an individual may be eligible for
under this title upon completion and processing of an
application and enrollment in an institution of higher
education.</DELETED>
<DELETED> ``(2) Data elements.--The Secretary, in
cooperation with States, institutions of higher education, and
other agencies and organizations involved in student financial
aid, shall determine the data elements that are necessary to
create a simplified form that individuals can use to obtain
easily nonbinding estimates of the amounts of grant and loan
aid an individual may be eligible for under this
title.</DELETED>
<DELETED> ``(3) Qualification to use simplified
application.--The capability provided under this paragraph
shall include the capability to determine whether the
individual is eligible to submit a simplified application form
under paragraph (2)(B) or (3)(B) of section
483(a).''.</DELETED>
<DELETED>SEC. 490. COLLEGE ACCESS INITIATIVE.</DELETED>
<DELETED> Part G of title IV (20 U.S.C. 1088 et seq.) is further
amended by inserting after section 485D (as added by section 489) the
following:</DELETED>
<DELETED>``SEC. 485E. COLLEGE ACCESS INITIATIVE.</DELETED>
<DELETED> ``(a) State-by-State Information.--The Secretary shall
direct each guaranty agency with which the Secretary has an agreement
under section 428(c) to provide to the Secretary the information
necessary for the development of Internet Web links and access for
students and families to a comprehensive listing of the postsecondary
education opportunities programs, publications, Internet Web sites, and
other services available in the States for which such agency serves as
the designated guarantor.</DELETED>
<DELETED> ``(b) Guaranty Agency Activities.--</DELETED>
<DELETED> ``(1) Plan and activity required.--Each guaranty
agency with which the Secretary has an agreement under section
428(c) shall develop a plan, and undertake the activity,
necessary to gather the information required under subsection
(a) and to make such information available to the public and to
the Secretary in a form and manner prescribed by the
Secretary.</DELETED>
<DELETED> ``(2) Activities.--Each guaranty agency shall
undertake such activities as are necessary to promote access to
postsecondary education for students through providing
information on college planning, career preparation, and paying
for college that is limited or related to subsection (a). The
guaranty agency shall publicize such information and coordinate
such activities with other entities that provide or distribute
such information in the States for which such guaranty agency
serves as the designated guarantor.</DELETED>
<DELETED> ``(3) Funding.--The activities required by this
section may be funded from the guaranty agency's Operating Fund
established pursuant to section 422B and to the extent funds
remain, from earnings on the restricted account established
pursuant to section 422(h)(4).</DELETED>
<DELETED> ``(4) Rule of construction.--Nothing in this
subsection shall require a guaranty agency to duplicate any
efforts currently underway that meet the requirements of this
subsection.</DELETED>
<DELETED> ``(c) Access to Information.--</DELETED>
<DELETED> ``(1) Secretary's responsibility.--The Secretary
shall ensure the availability of the information provided, by
the guaranty agencies in accordance with this section, to
students, parents, and other interested individuals, through
Web links or other methods prescribed by the
Secretary.</DELETED>
<DELETED> ``(2) Guaranty agency responsibility.--The
guaranty agencies shall ensure that the information required by
this section is available without charge in printed format for
students and parents requesting such information.</DELETED>
<DELETED> ``(3) Publicity.--Not later than 270 days after
the date of enactment of the Higher Education Amendments Act of
2005, the Secretary and guaranty agencies shall publicize the
availability of the information required by this section, with
special emphasis on ensuring that populations that are
traditionally underrepresented in postsecondary education are
made aware of the availability of such
information.''.</DELETED>
<DELETED>SEC. 491. PROGRAM PARTICIPATION AGREEMENTS.</DELETED>
<DELETED> Section 487 (20 U.S.C. 1094) is amended--</DELETED>
<DELETED> (1) in subsection (a)--</DELETED>
<DELETED> (A) in paragraph (23), by adding at the
end the following:</DELETED>
<DELETED> ``(D) An institution shall be considered
in compliance with the requirements of subparagraph (A)
for any student to whom the institution electronically
transmits a message containing a voter registration
form acceptable for use in the State in which the
institution is located, or an Internet address where
such a form can be downloaded, if such information is
in an electronic message devoted solely to voter
registration.''; and</DELETED>
<DELETED> (B) by adding at the end the
following:</DELETED>
<DELETED> ``(24) The institution will, as calculated in
accordance with subsection (f)(1), have not less than 10
percent of its revenues from sources other than funds provided
under this title, or will be subject to the sanctions described
in subsection (f)(2).'';</DELETED>
<DELETED> (2) by redesignating subsections (d) and (e) as
subsection (e) and (f), respectively;</DELETED>
<DELETED> (3) by inserting after subsection (c) the
following:</DELETED>
<DELETED> ``(d) Institutional Requirements for Teach-Outs.--
</DELETED>
<DELETED> ``(1) In general.--In the event the Secretary
initiates the limitation, suspension, or termination of the
participation of an institution of higher education in any
program under this title under the authority of subsection
(c)(1)(F) or initiates an emergency action for termination
under the authority of subsection (c)(1)(G) and its prescribed
regulations, the Secretary shall require that institution to
prepare a teach-out plan for submission to the institution's
accrediting agency or association in compliance with section
496(c)(4), the Secretary's regulations on teach-out plans, and
the standards of the institution's accrediting agency or
association.</DELETED>
<DELETED> ``(2) Teach-out plan defined.--In this subsection,
the term `teach-out plan' means a written plan that provides
for the equitable treatment of students if an institution of
higher education ceases to operate before all students have
completed their enrollment at the institution, and may include,
if required by the institution's accrediting agency or
association, an agreement between institutions for such a
teach-out plan.''; and</DELETED>
<DELETED> (4) by adding at the end the following:</DELETED>
<DELETED> ``(g) Implementation of Nontitle IV Revenue Requirement.--
</DELETED>
<DELETED> ``(1) Calculation.--In carrying out subsection
(a)(24), an institution shall use the cash basis of accounting
and count the following funds as from sources of funds other
than funds provided under this title:</DELETED>
<DELETED> ``(A) Funds used by students from sources
other than funds received under this title to pay
tuition, fees, and other institutional charges to the
institution, provided the institution can reasonably
demonstrate that such funds were used for such
purposes.</DELETED>
<DELETED> ``(B) Funds used by the institution to
satisfy matching-fund requirements for programs under
this title.</DELETED>
<DELETED> ``(C) Funds used by a student from savings
plans for educational expenses established by or on
behalf of the student and which qualify for special tax
treatment under the Internal Revenue Code of
1986.</DELETED>
<DELETED> ``(D) Funds paid by a student, or on
behalf of a student by a party other than the
institution, to the institution for an education or
training program that is not eligible for funds under
this title, provided that the program is approved or
licensed by the appropriate State agency or an
accrediting agency recognized by the
Secretary.</DELETED>
<DELETED> ``(E) Funds generated by the institution
from institutional activities that are necessary for
the education and training of the institution's
students, if such activities are--</DELETED>
<DELETED> ``(i) conducted on campus or at a
facility under the control of the
institution;</DELETED>
<DELETED> ``(ii) performed under the
supervision of a member of the institution's
faculty; and</DELETED>
<DELETED> ``(iii) required to be performed
by all students in a specific educational
program at the institution.</DELETED>
<DELETED> ``(F) Institutional aid, as
follows:</DELETED>
<DELETED> ``(i) In the case of loans made by
the institution, only the amount of loan
repayments received by the institution during
the fiscal year for which the determination is
made.</DELETED>
<DELETED> ``(ii) In the case of scholarships
provided by the institution, only those
scholarship funds provided by the institution
that are--</DELETED>
<DELETED> ``(I) in the form of
monetary aid or tuition discounts based
upon the academic achievements or
financial need of students;
and</DELETED>
<DELETED> ``(II) disbursed during
the fiscal year for which the
determination is made from an
established restricted account and only
to the extent that the funds in that
account represent designated funds from
an outside source or income earned on
those funds.</DELETED>
<DELETED> ``(iii) In the case of tuition
discounts, only those tuition discounts based
upon the academic achievement or financial need
of students.</DELETED>
<DELETED> ``(2) Sanctions.--</DELETED>
<DELETED> ``(A) Failure to meet requirement for 1
year.--In addition to such other means of enforcing the
requirements of this title as may be available to the
Secretary, if an institution fails to meet the
requirements of subsection (a)(24) in any year, the
Secretary may impose 1 or both of the following
sanctions on the institution:</DELETED>
<DELETED> ``(i) Place the institution on
provisional certification in accordance with
section 498(h) until the institution
demonstrates, to the satisfaction of the
Secretary, that it is in compliance with
subsection (a)(24).</DELETED>
<DELETED> ``(ii) Require such other
increased monitoring and reporting requirements
as the Secretary determines necessary until the
institution demonstrates, to the satisfaction
of the Secretary, that it is in compliance with
subsection (a)(24).</DELETED>
<DELETED> ``(B) Failure to meet requirement for 3
years.--An institution that fails to meet the
requirements of subsection (a)(24) for 2 consecutive
years shall be ineligible to participate in the
programs authorized under this title.</DELETED>
<DELETED> ``(3) Public availability of information.--The
Secretary shall make publicly available, through the means
described in subsection (b) of section 131, any institution
that fails to meet the requirements of subsection (a)(24) in
any year as an institution that is failing to meet the minimum
non-Federal source of revenue requirements of such subsection
(a)(24).''.</DELETED>
<DELETED>SEC. 492. REGULATORY RELIEF AND IMPROVEMENT.</DELETED>
<DELETED> Section 487A(b) (20 U.S.C. 1094a(b)) is amended--
</DELETED>
<DELETED> (1) in paragraph (1)</DELETED>
<DELETED> (A) by striking ``1998'' and inserting
``2005'' ; and</DELETED>
<DELETED> (B) by striking ``1999'' and inserting
``2006''; and</DELETED>
<DELETED> (2) by striking the matter preceding paragraph
(2)(A) and inserting the following:</DELETED>
<DELETED> ``(2) Report.--The Secretary shall review and
evaluate the experience of institutions participating as
experimental sites and shall, on a biennial basis, submit a
report based on the review and evaluation to the authorizing
committees. Such report shall include--''; and</DELETED>
<DELETED> (3) in paragraph (3)--</DELETED>
<DELETED> (A) in subparagraph (A)--</DELETED>
<DELETED> (i) by striking ``Upon the
submission of the report required by paragraph
(2), the'' and inserting ``The''; and</DELETED>
<DELETED> (ii) by inserting ``periodically''
after ``authorized to'';</DELETED>
<DELETED> (B) by striking subparagraph
(B);</DELETED>
<DELETED> (C) by redesignating subparagraph (C) as
subparagraph (B); and</DELETED>
<DELETED> (D) in subparagraph (B) (as redesignated
by subparagraph (C))--</DELETED>
<DELETED> (i) by inserting ``, including
requirements related to the award process and
disbursement of student financial aid (such as
innovative delivery systems for modular or
compressed courses, or other innovative
systems), verification of student financial aid
application data, entrance and exit interviews,
or other management procedures or processes as
determined in the negotiated rulemaking process
under section 492,'' after ``requirements in
this title''; and</DELETED>
<DELETED> (ii) by inserting ``(other than an
award rule related to an experiment in modular
or compressed schedules)'' after ``award
rules''; and</DELETED>
<DELETED> (iii) by inserting ``unless the
waiver of such provisions is authorized by
another provision under this title'' before the
period at the end.</DELETED>
<DELETED>SEC. 493. TRANSFER OF ALLOTMENTS.</DELETED>
<DELETED> Section 488 (20 U.S.C. 1095) is amended in the first
sentence--</DELETED>
<DELETED> (1) in paragraph (1), by striking ``and'' after
the semicolon;</DELETED>
<DELETED> (2) in paragraph (2), by striking ``413D.'' and
inserting ``413D; and''; and</DELETED>
<DELETED> (3) by adding at the end ``(3) transfer 25 percent
of the institution's allotment under section 413D to the
institution's allotment under section 442.''.</DELETED>
<DELETED>SEC. 494. WAGE GARNISHMENT REQUIREMENT.</DELETED>
<DELETED> Section 488A(a)(1) (20 U.S.C. 1095a(a)(1)) is amended by
striking ``10 percent'' and inserting ``15 percent''.</DELETED>
<DELETED>SEC. 495. PURPOSE OF ADMINISTRATIVE PAYMENTS.</DELETED>
<DELETED> Section 489(b) (20 U.S.C. 1096(b)) is amended by striking
``offsetting the administrative costs of'' and inserting
``administering''.</DELETED>
<DELETED>SEC. 496. ADVISORY COMMITTEE ON STUDENT FINANCIAL
ASSISTANCE.</DELETED>
<DELETED> Section 491 (20 U.S.C. 1098) is amended--</DELETED>
<DELETED> (1) in subsection (a)(2)--</DELETED>
<DELETED> (A) in subparagraph (B), by striking
``and'' after the semicolon;</DELETED>
<DELETED> (B) in subparagraph (C), by striking the
period and inserting a semicolon; and</DELETED>
<DELETED> (C) by adding at the end the
following:</DELETED>
<DELETED> ``(D) to provide knowledge and
understanding of early intervention programs, and to
make recommendations that will result in early
awareness by low- and moderate-income students and
families--</DELETED>
<DELETED> ``(i) of their eligibility for
assistance under this title; and</DELETED>
<DELETED> ``(ii) to the extent practicable,
of their eligibility for other forms of State
and institutional need-based student
assistance; and</DELETED>
<DELETED> ``(E) to make recommendations that will
expand and improve partnerships among the Federal
Government, States, institutions of higher education,
and private entities to increase the awareness and the
total amount of need-based student assistance available
to low- and moderate-income students.'';</DELETED>
<DELETED> (2) in subsection (d)(6), by striking ``, but
nothing'' and all that follows through ``or
analyses'';</DELETED>
<DELETED> (3) in subsection (j)--</DELETED>
<DELETED> (A) in paragraph (1)--</DELETED>
<DELETED> (i) by inserting ``and
simplification'' after ``modernization'' each
place the term appears; and</DELETED>
<DELETED> (ii) by striking ``including'' and
all that follows through ``Department,'';
and</DELETED>
<DELETED> (B) by striking paragraphs (4) and (5) and
inserting the following:</DELETED>
<DELETED> ``(4) conduct a review and analysis of regulations
in accordance with subsection (l); and</DELETED>
<DELETED> ``(5) conduct a study in accordance with
subsection (m).'';</DELETED>
<DELETED> (4) in subsection (k), by striking ``2004'' and
inserting ``2010''; and</DELETED>
<DELETED> (5) by adding at the end the following:</DELETED>
<DELETED> ``(l) Review and Analysis of Regulations.--</DELETED>
<DELETED> ``(1) Recommendations.--The Advisory Committee
shall make recommendations to the Secretary for consideration
of future legislative action regarding redundant or outdated
regulations under this title, consistent with the Secretary's
requirements under section 498B.</DELETED>
<DELETED> ``(2) Review and analysis of regulations.--The
Advisory Committee shall conduct a review and analysis of the
regulations issued under this title that are in effect at the
time of the review and that apply to the operations or
activities of participants in the programs assisted under this
title. The review and analysis may include a determination of
whether the regulation is duplicative, is no longer necessary,
is inconsistent with other Federal requirements, or is overly
burdensome. In conducting the review, the Advisory Committee
shall pay specific attention to evaluating ways in which
regulations under this title affecting institutions of higher
education (other than institutions described in section
102(a)(1)(C)), that have received in each of the 2 most recent
award years prior to the date of enactment of the Higher
Education Amendments of 2005 less than $200,000 in funds
through this title, may be improved, streamlined, or
eliminated.</DELETED>
<DELETED> ``(3) Consultation.--</DELETED>
<DELETED> ``(A) In general.--In carrying out the
review and analysis under paragraph (2), the Advisory
Committee shall consult with the Secretary, relevant
representatives of institutions of higher education,
and individuals who have expertise and experience with
the regulations issued under this title, in accordance
with subparagraph (B).</DELETED>
<DELETED> ``(B) Review panels.--The Advisory
Committee shall convene not less than 2 review panels
of representatives of the groups involved in student
financial assistance programs under this title who have
experience and expertise in the regulations issued
under this title to review the regulations under this
title, and to provide recommendations to the Advisory
Committee with respect to the review and analysis under
paragraph (2). The panels shall be made up of experts
in areas such as the operations of the financial
assistance programs, the institutional eligibility
requirements for the financial assistance programs,
regulations not directly related to the operations or
the institutional eligibility requirements of the
financial assistance programs, and regulations for
dissemination of information to students about the
financial assistance programs.</DELETED>
<DELETED> ``(4) Reports to congress.--The Advisory Committee
shall submit, not later than 2 years after the completion of
the negotiated rulemaking process required under section 492
resulting from the amendments to this Act made by the Higher
Education Amendments of 2005, a report to the authorizing
committees and the Secretary detailing the expert panels'
findings and recommendations with respect to the review and
analysis under paragraph (2).</DELETED>
<DELETED> ``(5) Additional support.--The Secretary and the
Inspector General of the Department shall provide such
assistance and resources to the Advisory Committee as the
Secretary and Inspector General determine are necessary to
conduct the review required by this subsection.</DELETED>
<DELETED> ``(m) Study of Innovative Pathways to Baccalaureate Degree
Attainment.--</DELETED>
<DELETED> ``(1) Study required.--The Advisory Committee
shall conduct a study of the feasibility of increasing
baccalaureate degree attainment rates by reducing the costs and
financial barriers to attaining a baccalaureate degree through
innovative programs.</DELETED>
<DELETED> ``(2) Scope of study.--The Advisory Committee
shall examine new and existing programs that promote
baccalaureate degree attainment through innovative ways, such
as dual or concurrent enrollment programs, changes made to the
Federal Pell Grant program, simplification of the needs
analysis process, compressed or modular scheduling,
articulation agreements, and programs that allow 2-year
institutions of higher education to offer baccalaureate
degrees.</DELETED>
<DELETED> ``(3) Required aspects of the study.--In
performing the study described in this subsection, the Advisory
Committee shall examine the following aspects of such
innovative programs:</DELETED>
<DELETED> ``(A) The impact of such programs on
baccalaureate attainment rates.</DELETED>
<DELETED> ``(B) The degree to which a student's
total cost of attaining a baccalaureate degree can be
reduced by such programs.</DELETED>
<DELETED> ``(C) The ways in which low- and moderate-
income students can be specifically targeted by such
programs.</DELETED>
<DELETED> ``(D) The ways in which nontraditional
students can be specifically targeted by such
programs.</DELETED>
<DELETED> ``(E) The cost-effectiveness for the
Federal Government, States, and institutions of higher
education to implement such programs.</DELETED>
<DELETED> ``(4) Consultation.--</DELETED>
<DELETED> ``(A) In general.--In performing the study
described in this subsection the Advisory Committee
shall consult with a broad range of interested parties
in higher education, including parents, students,
appropriate representatives of secondary schools and
institutions of higher education, appropriate State
administrators, administrators of dual enrollment
programs, and appropriate officials from the
Department.</DELETED>
<DELETED> ``(B) Congressional consultation.--The
Advisory Committee shall consult on a regular basis
with the authorizing committees in carrying out the
study required by this section.</DELETED>
<DELETED> ``(5) Reports to congress.--</DELETED>
<DELETED> ``(A) Interim report.--The Advisory
Committee shall prepare and submit to the authorizing
committees and the Secretary 1 interim report, not
later than 1 year after the date of enactment of the
Higher Education Amendments of 2005, describing the
progress that has been made in conducting the study
required by this subsection and any preliminary
findings on the topics identified under paragraph
(2).</DELETED>
<DELETED> ``(B) Final report.--The Advisory
Committee shall, not later than 3 years after the date
of enactment of the Higher Education Amendments of
2005, prepare and submit to the authorizing committees
and the Secretary a final report on the study,
including recommendations for legislative, regulatory,
and administrative changes based on findings related to
the topics identified under paragraph (2).''.</DELETED>
<DELETED>SEC. 497. REGIONAL MEETINGS.</DELETED>
<DELETED> Section 492(a)(1) (20 U.S.C. 1098a(a)(1)) is amended by
inserting ``State student grant agencies,'' after ``institutions of
higher education,''.</DELETED>
<DELETED>SEC. 498. YEAR 2000 REQUIREMENTS AT THE DEPARTMENT.</DELETED>
<DELETED> (a) Repeal.--Section 493A (20 U.S.C. 1098c) is
repealed.</DELETED>
<DELETED> (b) Redesignation.--Section 493B (20 U.S.C. 1098d) is
redesignated as section 493A.</DELETED>
<DELETED>PART H--PROGRAM INTEGRITY</DELETED>
<DELETED>SEC. 499. RECOGNITION OF ACCREDITING AGENCY OR
ASSOCIATION.</DELETED>
<DELETED> Section 496 (200 U.S.C. 1099b) is amended--</DELETED>
<DELETED> (1) in subsection (a)--</DELETED>
<DELETED> (A) by striking paragraph (4) and
inserting the following:</DELETED>
<DELETED> ``(4)(A) such agency or association consistently
applies and enforces standards that respect the stated mission
of the institution of higher education, including religious
missions, and that ensure that the courses or programs of
instruction, training, or study offered by the institution of
higher education, including distance education courses or
programs, are of sufficient quality to achieve, for the
duration of the accreditation period, the stated objective for
which the courses or the programs are offered; and</DELETED>
<DELETED> ``(B) if such agency or association has or seeks
to include within its scope of recognition the evaluation of
the quality of institutions or programs offering distance
education, such agency or association shall, in addition to
meeting the other requirements of this subpart, demonstrate to
the Secretary that--</DELETED>
<DELETED> ``(i) the agency or association's
standards effectively address the quality of an
institution's distance education in the areas
identified in section 496(a)(5), except that the agency
or association shall not be required to have separate
standards, procedures or policies for the evaluation of
distance education institutions or programs in order to
meet the requirements of this subparagraph;
and</DELETED>
<DELETED> ``(ii) the agency or association requires
an institution that offers distance education to have
processes through which the institution establishes
that the student who registers in a distance education
course or program is the same student who participates,
completes and receives the academic
credit;'';</DELETED>
<DELETED> (B) in paragraph (5), by striking
subparagraph (A) and inserting the following:</DELETED>
<DELETED> ``(A) success with respect to student
achievement in relation to the institution's mission,
including--</DELETED>
<DELETED> ``(i) consideration of student
academic achievement as determined by the
institution;</DELETED>
<DELETED> ``(ii) student
retention;</DELETED>
<DELETED> ``(iii) course and program
completion;</DELETED>
<DELETED> ``(iv) as appropriate, State
licensing examinations;</DELETED>
<DELETED> ``(v) as appropriate, job
placement rates; and</DELETED>
<DELETED> ``(vi) as appropriate, other
student performance information selected by the
institution, particularly that information used
by the institution to evaluate or strengthen
its programs;'';</DELETED>
<DELETED> (C) by striking paragraph (6) and
inserting the following:</DELETED>
<DELETED> ``(6) such an agency or association shall
establish and apply review procedures throughout the
accrediting process, including evaluation and withdrawal
proceedings which comply with due process procedures that
provide for--</DELETED>
<DELETED> ``(A) adequate specification of
requirements and deficiencies at the institution of
higher education or program examined;</DELETED>
<DELETED> ``(B) an opportunity for a written
response by any such institution to be included in the
evaluation and withdrawal proceedings prior to final
action;</DELETED>
<DELETED> ``(C) upon the written request of an
institution, an opportunity for the institution to
appeal any adverse action, including denial,
withdrawal, suspension, or termination of
accreditation, or placement on probation of an
institution, at a hearing prior to such action becoming
final, before an appeals panel that--</DELETED>
<DELETED> ``(i) shall not include current
members of the agency or association's
underlying decision-making body that made the
adverse decision; and</DELETED>
<DELETED> ``(ii) is subject to a conflict of
interest policy; and</DELETED>
<DELETED> ``(D) the right to representation by
counsel for such an institution;''; and</DELETED>
<DELETED> (D) by striking paragraph (8) and
inserting the following:</DELETED>
<DELETED> ``(8) such agency or association shall make
available to the public and the State licensing or authorizing
agency, and submit to the Secretary, a summary of agency or
association actions, including--</DELETED>
<DELETED> ``(A) the award of accreditation or
reaccreditation of an institution;</DELETED>
<DELETED> ``(B) final denial, withdrawal,
suspension, or termination of accreditation, or
placement on probation of an institution, and any
findings made in connection with the action taken,
together with the official comments of the affected
institution; and</DELETED>
<DELETED> ``(C) any other adverse action taken with
respect to an institution.''; and</DELETED>
<DELETED> (2) in subsection (c)--</DELETED>
<DELETED> (A) in paragraph (1), by inserting ``,
including those regarding distance education'' after
``their responsibilities'';</DELETED>
<DELETED> (B) by redesignating paragraphs (2)
through (6) as paragraphs (5) through (9);</DELETED>
<DELETED> (C) by inserting after paragraph (1) (as
amended by subparagraph (A)) the following:</DELETED>
<DELETED> ``(2) ensures that the agency or association's on-
site evaluation for accreditation or reaccreditation includes
review of the Federally required information the institution or
program provides its current and prospective
students;</DELETED>
<DELETED> ``(3) monitors the growth of programs at
institutions that are experiencing significant enrollment
growth;</DELETED>
<DELETED> ``(4) requires an institution to submit a teach-
out plan for approval to the accrediting agency upon the
occurrence of any of the following events:</DELETED>
<DELETED> ``(A) The Department notifies the
accrediting agency of an action against the institution
pursuant to section 487(d).</DELETED>
<DELETED> ``(B) The accrediting agency acts to
withdraw, terminate, or suspend the accreditation of an
institution.</DELETED>
<DELETED> ``(C) The institution notifies the
accrediting agency that the institution intends to
cease operations.'';</DELETED>
<DELETED> (D) in paragraph (8) (as redesignated by
subparagraph (B)), by striking ``and'' after the
semicolon;</DELETED>
<DELETED> (E) in subparagraph (9) (as redesignated
by subparagraph (B)), by striking the period and
inserting ``; and''; and</DELETED>
<DELETED> (F) by adding at the end the
following:</DELETED>
<DELETED> ``(10) confirms, as a part of the agency or
association's review for accreditation or reaccreditation, that
the institution has transfer of credit policies--</DELETED>
<DELETED> ``(A) that are publicly
disclosed;</DELETED>
<DELETED> ``(B) that do not deny transfer of credit
based solely on the accreditation of the sending
institution, if the agency or association accrediting
the sending institution is recognized by the Secretary
pursuant to this section; and</DELETED>
<DELETED> ``(C) in which acceptance or denial of
transfer of credit is decided according to criteria
established in guidelines developed by the
institution's admissions committee.''.</DELETED>
<DELETED>SEC. 499A. ADMINISTRATIVE CAPACITY STANDARD.</DELETED>
<DELETED> Section 498 (20 U.S.C. 1099c) is amended--</DELETED>
<DELETED> (1) in subsection (d)(1)(B), by inserting ``and''
after the semicolon; and</DELETED>
<DELETED> (2) by adding at the end the following:</DELETED>
<DELETED> ``(k) Treatment of Teach-Outs at Additional Locations.--
</DELETED>
<DELETED> ``(1) In general.--A location of a closed
institution of higher education shall be eligible as an
additional location of an eligible institution of higher
education, as defined pursuant to regulations of the Secretary,
for the purposes of a teach-out, if such teach-out has been
approved by the institution's accrediting agency.</DELETED>
<DELETED> ``(2) Special rule.--An institution of higher
education that conducts a teach-out through the establishment
of an additional location described in paragraph (1) shall be
permitted to establish a permanent additional location at a
closed institution and shall not be required--</DELETED>
<DELETED> ``(A) to meet the requirements of sections
102(b)(1)(E) and 102(c)(1)(C) for such additional
location; or</DELETED>
<DELETED> ``(B) to assume the liabilities of the
closed institution.''.</DELETED>
<DELETED>SEC. 499B. PROGRAM REVIEW AND DATA.</DELETED>
<DELETED> Section 498A(b) (20 U.S.C. 1099c-1(b)) is amended--
</DELETED>
<DELETED> (1) in paragraph (4), by striking ``and'' after
the semicolon;</DELETED>
<DELETED> (2) in paragraph (5) by striking the period and
inserting a semicolon; and</DELETED>
<DELETED> (3) by adding at the end the following:</DELETED>
<DELETED> ``(6) provide to an institution of higher
education an adequate opportunity to review and respond to any
program review report or audit finding, and relevant materials
related to the report or finding, before any final program
review or audit determination is reached;</DELETED>
<DELETED> ``(7) review and take into consideration an
institution of higher education's response in any final program
review or audit determination; and</DELETED>
<DELETED> ``(8) maintain and preserve at all times the
confidentiality of any program review report or audit finding
until the requirements of paragraphs (6) and (7) are met, and
until a final program review or audit determination is issued,
other than to the extent required to comply with paragraph (5),
except that the Secretary shall promptly disclose any and all
program review reports and audit findings to the institution of
higher education under review.''.</DELETED>
<DELETED>TITLE V--DEVELOPING INSTITUTIONS</DELETED>
<DELETED>SEC. 501. DEFINITIONS.</DELETED>
<DELETED> Section 502(a) (20 U.S.C. 1101a(a)) is amended--</DELETED>
<DELETED> (1) in paragraph (5)--</DELETED>
<DELETED> (A) in subparagraph (A), by inserting
``and'' after the semicolon;</DELETED>
<DELETED> (B) in subparagraph (B), by striking ``;
and'' and inserting a period; and</DELETED>
<DELETED> (C) by striking subparagraph (C);
and</DELETED>
<DELETED> (2) by striking paragraph (7).</DELETED>
<DELETED>SEC. 502. AUTHORIZED ACTIVITIES.</DELETED>
<DELETED> Section 503(b) (20 U.S.C. 1101b(b)) is amended--</DELETED>
<DELETED> (1) by redesignating paragraphs (6) through (14)
as paragraphs (8) through (16), respectively;</DELETED>
<DELETED> (2) in paragraph (5), by inserting ``, including
innovative, customized remedial education and English language
instruction courses designed to help retain students and move
the students rapidly into core courses and through program
completion'' before the period at the end; and</DELETED>
<DELETED> (3) by inserting after paragraph (5) the
following:</DELETED>
<DELETED> ``(6) Education or counseling services designed to
improve the financial literacy and economic literacy of
students or the students' parents.</DELETED>
<DELETED> ``(7) Articulation agreements and student support
programs designed to facilitate the transfer from 2-year to 4-
year institutions.''.</DELETED>
<DELETED>SEC. 503. DURATION OF GRANT.</DELETED>
<DELETED> Section 504(a) (20 U.S.C. 1101c(a)) is amended to read as
follows:</DELETED>
<DELETED> ``(a) Award Period.--The Secretary may award a grant to a
Hispanic-serving institution under this title for 5 years.''.</DELETED>
<DELETED>SEC. 504. POSTBACCALAUREATE OPPORTUNITIES FOR HISPANIC
AMERICANS.</DELETED>
<DELETED> (a) Establishment of Program.--Title V (20 U.S.C. 1101 et
seq.) is amended--</DELETED>
<DELETED> (1) by redesignating part B as part C;</DELETED>
<DELETED> (2) by redesignating sections 511 through 518 as
sections 521 through 528, respectively; and</DELETED>
<DELETED> (3) by inserting after section 505 the
following:</DELETED>
<DELETED>``PART B--PROMOTING POSTBACCALAUREATE OPPORTUNITIES FOR
HISPANIC AMERICANS</DELETED>
<DELETED>``SEC. 511. PROGRAM AUTHORITY AND ELIGIBILITY.</DELETED>
<DELETED> ``(a) Program Authorized.--Subject to the availability of
funds appropriated to carry out this part, the Secretary shall award
grants, on a competitive basis, to eligible institutions to enable the
eligible institutions to carry out the authorized activities described
in section 512.</DELETED>
<DELETED> ``(b) Eligibility.--For the purposes of this part, an
`eligible institution' means an institution of higher education that--
</DELETED>
<DELETED> ``(1) is a Hispanic-serving institution (as
defined in section 502); and</DELETED>
<DELETED> ``(2) offers a postbaccalaureate certificate or
degree granting program.</DELETED>
<DELETED>``SEC. 512. AUTHORIZED ACTIVITIES.</DELETED>
<DELETED> ``Grants awarded under this part shall be used for 1 or
more of the following activities:</DELETED>
<DELETED> ``(1) Purchase, rental, or lease of scientific or
laboratory equipment for educational purposes, including
instructional and research purposes.</DELETED>
<DELETED> ``(2) Construction, maintenance, renovation, and
improvement in classroom, library, laboratory, and other
instructional facilities, including purchase or rental of
telecommunications technology equipment or services.</DELETED>
<DELETED> ``(3) Purchase of library books, periodicals,
technical and other scientific journals, microfilm, microfiche,
and other educational materials, including telecommunications
program materials.</DELETED>
<DELETED> ``(4) Support for needy postbaccalaureate
students, including outreach, academic support services,
mentoring, scholarships, fellowships, and other financial
assistance, to permit the enrollment of such students in
postbaccalaureate certificate and degree granting
programs.</DELETED>
<DELETED> ``(5) Support of faculty exchanges, faculty
development, faculty research, curriculum development, and
academic instruction.</DELETED>
<DELETED> ``(6) Creating or improving facilities for
Internet or other distance learning academic instruction
capabilities, including purchase or rental of
telecommunications technology equipment or services.</DELETED>
<DELETED> ``(7) Collaboration with other institutions of
higher education to expand postbaccalaureate certificate and
degree offerings.</DELETED>
<DELETED> ``(8) Other activities proposed in the application
submitted pursuant to section 513 that are approved by the
Secretary as part of the review and acceptance of such
application.</DELETED>
<DELETED>``SEC. 513. APPLICATION AND DURATION.</DELETED>
<DELETED> ``(a) Application.--Any eligible institution may apply for
a grant under this part by submitting an application to the Secretary
at such time and in such manner as the Secretary may require. Such
application shall demonstrate how the grant funds will be used to
improve postbaccalaureate education opportunities for Hispanic and low-
income students and will lead to such students' greater financial
independence.</DELETED>
<DELETED> ``(b) Duration.--Grants under this part shall be awarded
for a period not to exceed 5 years.</DELETED>
<DELETED> ``(c) Limitation.--The Secretary may not award more than 1
grant under this part in any fiscal year to any Hispanic-serving
institution.''.</DELETED>
<DELETED>SEC. 505. APPLICATIONS.</DELETED>
<DELETED> Section 521(b)(1)(A) (as redesignated by section
504(a)(2)) (20 U.S.C. 1103(b)(1)(A)) is amended by striking
``subsection (b)'' and inserting ``subsection (c)''.</DELETED>
<DELETED>SEC. 506. COOPERATIVE ARRANGEMENTS.</DELETED>
<DELETED> Section 524(a) (as redesignated by section 504(a)(2)) (20
U.S.C. 1103c(a)) is amended by striking ``section 503'' and inserting
``sections 503 and 512''.</DELETED>
<DELETED>SEC. 507. AUTHORIZATION OF APPROPRIATIONS.</DELETED>
<DELETED> Section 528(a) (as redesignated by section 504(a)(2)) (20
U.S.C. 1103g(a)) is amended--</DELETED>
<DELETED> (1) by inserting ``part A of'' after ``carry
out'';</DELETED>
<DELETED> (2) by striking ``$62,500,000 for fiscal year
1999'' and all that follows through the period and inserting
``such sums as may be necessary for fiscal year 2006 and each
of the 5 succeeding fiscal years.'';</DELETED>
<DELETED> (3) by striking ``(a) authorizations.--There are''
and inserting the following:</DELETED>
<DELETED> ``(a) Authorizations.--</DELETED>
<DELETED> ``(1) Part a.--There are''; and</DELETED>
<DELETED> (4) by adding at the end the following:</DELETED>
<DELETED> ``(2) Part b.--There are authorized to be
appropriated to carry out part B of this title such sums as may
be necessary for fiscal year 2006 and each of the 5 succeeding
fiscal years.''.</DELETED>
<DELETED>TITLE VI--INTERNATIONAL EDUCATION PROGRAMS</DELETED>
<DELETED>SEC. 601. FINDINGS.</DELETED>
<DELETED> Section 601 (20 U.S.C. 1121) is amended--</DELETED>
<DELETED> (1) in the section heading, by striking ``and
purposes'' and inserting ``; purposes; consultation;
survey''</DELETED>
<DELETED> (2) in subsection (a)(3), by striking ``post-Cold
War'';</DELETED>
<DELETED> (3) in subsection (b)(1)(D), by inserting ``,
including through linkages with overseas institutions'' before
the semicolon; and</DELETED>
<DELETED> (4) by adding at the end the following:</DELETED>
<DELETED> ``(c) Consultation.--The Secretary shall, prior to
requesting applications for funding under this title during each grant
cycle, consult with and receive recommendations regarding national need
for expertise in foreign languages and world regions from the head
official, or a designee of such head official, of the National Security
Council, the Department of Homeland Security, the Department of
Defense, the Department of State, the Federal Bureau of Investigation,
the Department of Labor, and the Department of Commerce, and the
Director of National Intelligence. These entities shall provide
information to the Secretary regarding how they utilize services
provided by grantees under this title. The Secretary shall take into
account such recommendations and information when requesting
applications for funding under this title, and shall make available to
applicants a list of areas identified as areas of national
need.</DELETED>
<DELETED> ``(d) Survey.--The Secretary shall assist grantees in
developing a survey to administer to students who have participated in
programs under this title to determine postparticipation placement. All
grantees, where applicable, shall administer such survey not less often
than annually and report such data to the Secretary.''.</DELETED>
<DELETED>SEC. 602. GRADUATE AND UNDERGRADUATE LANGUAGE AND AREA CENTERS
AND PROGRAMS.</DELETED>
<DELETED> Section 602 (20 U.S.C. 1122) is amended--</DELETED>
<DELETED> (1) in subsection (a)--</DELETED>
<DELETED> (A) in paragraph (2)--</DELETED>
<DELETED> (i) in subparagraph (G), by
striking ``and'' after the semicolon;</DELETED>
<DELETED> (ii) in subparagraph (H), by
striking the period and inserting ``; and'';
and</DELETED>
<DELETED> (iii) by adding at the end the
following:</DELETED>
<DELETED> ``(I) support for instructors of the less
commonly taught languages.''; and</DELETED>
<DELETED> (B) in paragraph (4)--</DELETED>
<DELETED> (i) by redesignating subparagraphs
(C) through (E) as subparagraphs (D) through
(F), respectively;</DELETED>
<DELETED> (ii) by inserting after
subparagraph (B) the following:</DELETED>
<DELETED> ``(C) Programs of linkage or outreach
between or among--</DELETED>
<DELETED> ``(i) foreign language, area
studies, or other international fields;
and</DELETED>
<DELETED> ``(ii) State educational agencies
or local educational agencies.''; and</DELETED>
<DELETED> (iii) in subparagraph (F) (as
redesignated by clause (i)), by striking ``and
(D)'' and inserting ``(D), and (E)'';</DELETED>
<DELETED> (2) in subsection (b)--</DELETED>
<DELETED> (A) in the subsection heading, by striking
``Graduate''; and</DELETED>
<DELETED> (B) by striking paragraph (2) and
inserting the following:</DELETED>
<DELETED> ``(2) Eligible students.--A student receiving a
stipend described in paragraph (1) shall be engaged--</DELETED>
<DELETED> ``(A) in an instructional program with
stated performance goals for functional foreign
language use or in a program developing such
performance goals, in combination with area studies,
international studies, or the international aspects of
a professional studies program; and</DELETED>
<DELETED> ``(B)(i) in the case of an undergraduate
student, in the intermediate or advanced study of a
less commonly taught language; or</DELETED>
<DELETED> ``(ii) in the case of a graduate student,
in graduate study in connection with a program
described in subparagraph (A), including--</DELETED>
<DELETED> ``(I) predissertation level
study;</DELETED>
<DELETED> ``(II) preparation for
dissertation research;</DELETED>
<DELETED> ``(III) dissertation research
abroad; or</DELETED>
<DELETED> ``(IV) dissertation
writing.'';</DELETED>
<DELETED> (3) by striking subsection (d) and inserting the
following:</DELETED>
<DELETED> ``(d) Allowances.--</DELETED>
<DELETED> ``(1) Graduate level recipients.--A stipend
awarded to a graduate level recipient may include allowances
for dependents and for travel for research and study in the
United States and abroad.</DELETED>
<DELETED> ``(2) Undergraduate level recipients.--A stipend
awarded to an undergraduate level recipient may include an
allowance for educational programs in the United States or
educational programs abroad that--</DELETED>
<DELETED> ``(A) are closely linked to the overall
goals of the recipient's course of study; and</DELETED>
<DELETED> ``(B) have the purpose of promoting
foreign language fluency and knowledge of foreign
cultures.''; and</DELETED>
<DELETED> (4) by adding at the end the following:</DELETED>
<DELETED> ``(e) Application.--Each institution or combination of
institutions desiring a grant under this section shall submit an
application to the Secretary at such time, in such manner, and
accompanied by such information and assurances as the Secretary may
require. Each application shall include an explanation of how the
activities funded by the grant will reflect diverse and balanced
perspectives and generate debate on world regions and international
affairs. Each application shall also describe how the applicant will
address disputes regarding diversity and balance of activities funded
under the application. Each application shall also include a
description of how the applicant will encourage government service in
areas of national need as identified by the Secretary.''.</DELETED>
<DELETED>SEC. 603. UNDERGRADUATE INTERNATIONAL STUDIES AND FOREIGN
LANGUAGE PROGRAMS.</DELETED>
<DELETED> Section 604 (20 U.S.C. 1124) is amended--</DELETED>
<DELETED> (1) in subsection (a)--</DELETED>
<DELETED> (A) in paragraph (2)--</DELETED>
<DELETED> (i) by redesignating subparagraphs
(I) through (M) as subparagraphs (J) through
(N), respectively; and</DELETED>
<DELETED> (ii) by inserting after
subparagraph (H) the following:</DELETED>
<DELETED> ``(I) providing subgrants to undergraduate
students for educational programs abroad that--
</DELETED>
<DELETED> ``(i) are closely linked to the
overall goals of the program for which the
grant is awarded; and</DELETED>
<DELETED> ``(ii) have the purpose of
promoting foreign language fluency and
knowledge of foreign cultures;''; and</DELETED>
<DELETED> (B) in paragraph (7)--</DELETED>
<DELETED> (i) in subparagraph (C), by
striking ``and'' after the semicolon;</DELETED>
<DELETED> (ii) in subparagraph (D), by
striking the period at the end and inserting a
semicolon; and</DELETED>
<DELETED> (iii) by adding at the end the
following:</DELETED>
<DELETED> ``(E) an explanation of how the activities
funded by the grant will reflect diverse and balanced
perspectives and generate debate on world regions and
international affairs, where applicable;</DELETED>
<DELETED> ``(F) a description of how the applicant
will address disputes regarding diversity and balance
of activities funded under the application;
and</DELETED>
<DELETED> ``(G) a description of how the applicant
will encourage government service in areas of national
need as identified by the Secretary.''; and</DELETED>
<DELETED> (2) in subsection (c)--</DELETED>
<DELETED> (A) by striking ``funding support.--The
Secretary'' and inserting ``funding rules.--</DELETED>
<DELETED> ``(1) The secretary.--The Secretary'';</DELETED>
<DELETED> (B) by striking ``10'' and inserting
``20''; and</DELETED>
<DELETED> (C) by adding at the end the
following:</DELETED>
<DELETED> ``(2) Grantees.--Of the total amount of grant
funds awarded to a grantee under this section, the grantee may
use not more than 10 percent of such funds for the activity
described in subsection (a)(2)(I).''.</DELETED>
<DELETED>SEC. 604. RESEARCH; STUDIES.</DELETED>
<DELETED> Section 605(a) (20 U.S.C. 1125(a)) is amended--</DELETED>
<DELETED> (1) in paragraph (8), by striking ``and'' after
the semicolon;</DELETED>
<DELETED> (2) in paragraph (9), by striking the period and
inserting a semicolon; and</DELETED>
<DELETED> (3) by adding at the end the following:</DELETED>
<DELETED> ``(10) evaluation of the extent to which programs
assisted under this title reflect diverse and balanced
perspectives and generate debate on world regions and
international affairs;</DELETED>
<DELETED> ``(11) the systematic collection, analysis, and
dissemination of data that contribute to achieving the purposes
of this part; and</DELETED>
<DELETED> ``(12) support for programs or activities to make
data collected, analyzed, or disseminated under this section
publicly available and easy to understand.''.</DELETED>
<DELETED>SEC. 605. TECHNOLOGICAL INNOVATION AND COOPERATION FOR FOREIGN
INFORMATION ACCESS.</DELETED>
<DELETED> Section 606 (20 U.S.C. 1126) is amended--</DELETED>
<DELETED> (1) in subsection (a)--</DELETED>
<DELETED> (A) by striking ``new electronic
technologies'' and insert ``electronic
technologies'';</DELETED>
<DELETED> (B) by inserting ``from foreign sources''
after ``disseminate information'';</DELETED>
<DELETED> (C) by striking ``authority.--The
Secretary'' and insert ``authority.--</DELETED>
<DELETED> ``(1) In general.--The Secretary''; and</DELETED>
<DELETED> (D) by adding at the end the
following:</DELETED>
<DELETED> ``(2) Partnerships with not-for-profit educational
organizations.--The Secretary may award grants under this
section to carry out the activities authorized under this
section to the following:</DELETED>
<DELETED> ``(A) An institution of higher
education.</DELETED>
<DELETED> ``(B) A public or nonprofit private
library.</DELETED>
<DELETED> ``(C) A consortium of an institution of
higher education and 1 or more of the
following:</DELETED>
<DELETED> ``(i) Another institution of
higher education.</DELETED>
<DELETED> ``(ii) A library.</DELETED>
<DELETED> ``(iii) A not-for-profit
educational organization.'';</DELETED>
<DELETED> (2) in subsection (b)--</DELETED>
<DELETED> (A) in paragraph (1), by striking ``to
facilitate access to'' and inserting ``to acquire,
facilitate access to,'';</DELETED>
<DELETED> (B) in paragraph (2), by inserting ``or
standards for'' after ``means of'';</DELETED>
<DELETED> (C) in paragraph (6), by striking ``and''
after the semicolon;</DELETED>
<DELETED> (D) in paragraph (7), by striking the
period and inserting a semicolon; and</DELETED>
<DELETED> (E) by adding at the end the
following:</DELETED>
<DELETED> ``(8) to establish linkages to facilitate carrying
out the activities described in this subsection between--
</DELETED>
<DELETED> ``(A) the institutions of higher
education, libraries, and consortia receiving grants
under this section; and</DELETED>
<DELETED> ``(B) institutions of higher education,
not-for-profit educational organizations, and libraries
overseas; and</DELETED>
<DELETED> ``(9) to carry out other activities that the
Secretary determines are consistent with the purpose of the
grants or contracts awarded under this section.'';
and</DELETED>
<DELETED> (3) in subsection (c), by striking ``institution
or consortium'' and inserting ``institution of higher
education, library, or consortium''.</DELETED>
<DELETED>SEC. 606. SELECTION OF CERTAIN GRANT RECIPIENTS.</DELETED>
<DELETED> Section 607 (20 U.S.C. 1127) is amended--</DELETED>
<DELETED> (1) in subsection (a), by striking ``evaluates the
applications for comprehensive and undergraduate language and
area centers and programs.'' and inserting ``evaluates--
</DELETED>
<DELETED> ``(1) the applications for comprehensive foreign
language and area or international studies centers and
programs; and</DELETED>
<DELETED> ``(2) the applications for undergraduate foreign
language and area or international studies centers and
programs.''; and</DELETED>
<DELETED> (2) in subsection (b), by adding at the end the
following: ``The Secretary shall also consider an applicant's
record of sending students into public service and an
applicant's stated efforts to increase the number of students
that go into public service.''.</DELETED>
<DELETED>SEC. 607. AMERICAN OVERSEAS RESEARCH CENTERS.</DELETED>
<DELETED> Section 609 (20 U.S.C. 1128a) is amended by adding at the
end the following:</DELETED>
<DELETED> ``(e) Application.--Each center desiring a grant under
this section shall submit an application to the Secretary at such time,
in such manner, and accompanied by such information and assurances as
the Secretary may require. Each application shall include how the
activities funded by the grant will reflect diverse and balanced
perspectives and generate debate on world regions and international
affairs, where applicable. Each application shall also describe how the
applicant will address disputes regarding diversity and balance of
activities funded under the application.''.</DELETED>
<DELETED>SEC. 608. AUTHORIZATION OF APPROPRIATIONS FOR INTERNATIONAL
AND FOREIGN LANGUAGE STUDIES.</DELETED>
<DELETED> Section 610 (20 U.S.C. 1128b) is amended by striking
``$80,000,000 for fiscal year 1999'' and all that follows through the
period and inserting ``such sums as may be necessary for fiscal year
2006 and each of the 5 succeeding fiscal years.''.</DELETED>
<DELETED>SEC. 609. CENTERS FOR INTERNATIONAL BUSINESS
EDUCATION.</DELETED>
<DELETED> Section 612(f) (20 U.S.C. 1130-1(f)) is amended--
</DELETED>
<DELETED> (1) in paragraph (3), by striking ``and'' after
the semicolon;</DELETED>
<DELETED> (2) in paragraph (4), by striking the period at
the end and inserting ``; and''; and</DELETED>
<DELETED> (3) by adding at the end the following:</DELETED>
<DELETED> ``(5) assurances that activities funded by the
grant will reflect diverse and balanced perspectives and
generate debate on world regions and international affairs,
where applicable.''.</DELETED>
<DELETED>SEC. 610. EDUCATION AND TRAINING PROGRAMS.</DELETED>
<DELETED> Section 613(c) (20 U.S.C. 1130a(c)) is amended by adding
at the end the following: ``Each such application shall include an
assurance that, where applicable, the activities funded by the grant
will reflect diverse and balanced perspectives on world regions and
international affairs.''.</DELETED>
<DELETED>SEC. 611. AUTHORIZATION OF APPROPRIATIONS FOR BUSINESS AND
INTERNATIONAL EDUCATION PROGRAMS.</DELETED>
<DELETED> Section 614 (20 U.S.C. 1130b) is amended--</DELETED>
<DELETED> (1) in subsection (a), by striking ``$11,000,000
for fiscal year 1999'' and all that follows through ``fiscal
years'' and inserting ``such sums as may be necessary for
fiscal year 2006 and each of the 5 succeeding fiscal years'';
and</DELETED>
<DELETED> (2) in subsection (b), by striking ``$7,000,000
for fiscal year 1999'' and all that follows through ``fiscal
years,'' and inserting ``such sums as may be necessary for
fiscal year 2006 and each of the 5 succeeding fiscal
years''.</DELETED>
<DELETED>SEC. 612. MINORITY FOREIGN SERVICE PROFESSIONAL DEVELOPMENT
PROGRAM.</DELETED>
<DELETED> Section 621 (20 U.S.C. 1131) is amended--</DELETED>
<DELETED> (1) in subsection (c), by adding at the end the
following: ``Each application shall include a description of
how the activities funded by the grant will reflect diverse and
balanced perspectives on world regions and international
affairs, where applicable.''; and</DELETED>
<DELETED> (2) in subsection (e)--</DELETED>
<DELETED> (A) by striking ``match required.--The
eligible'' and inserting ``matching funds.--</DELETED>
<DELETED> ``(1) In general.--Subject to paragraph (2), the
eligible''; and</DELETED>
<DELETED> (B) by adding at the end the
following:</DELETED>
<DELETED> ``(2) Waiver.--The Secretary may waive the
requirement of paragraph (1) for an eligible recipient if the
Secretary determines such waiver is appropriate.''.</DELETED>
<DELETED>SEC. 613. INSTITUTIONAL DEVELOPMENT.</DELETED>
<DELETED> Section 622 (20 U.S.C. 1131-1) is amended--</DELETED>
<DELETED> (1) in subsection (a)--</DELETED>
<DELETED> (A) by striking ``Tribally Controlled
Colleges or Universities'' and inserting ``tribally
controlled colleges or universities''; and</DELETED>
<DELETED> (B) by striking ``international affairs
programs.'' and inserting ``international affairs,
international business, and foreign language study
programs, including the teaching of foreign languages,
at such colleges, universities, and institutions,
respectively, through increased collaboration with
institutions of higher education that receive funding
under this title.''; and</DELETED>
<DELETED> (2) in subsection (c)--</DELETED>
<DELETED> (A) by striking paragraphs (1) and (3);
and</DELETED>
<DELETED> (B) by redesignating paragraphs (2) and
(4) as paragraphs (1) and (2), respectively.</DELETED>
<DELETED>SEC. 614. STUDY ABROAD PROGRAM.</DELETED>
<DELETED> Section 623(a) (20 U.S.C. 1131a(a)) is amended--</DELETED>
<DELETED> (1) by striking ``as defined in section 322 of
this Act''; and</DELETED>
<DELETED> (2) by striking ``tribally controlled Indian
community colleges as defined in the Tribally Controlled
Community College Assistance Act of 1978'' and inserting
``tribally controlled colleges or universities''.</DELETED>
<DELETED>SEC. 615. ADVANCED DEGREE IN INTERNATIONAL
RELATIONS.</DELETED>
<DELETED> Section 624 (20 U.S.C. 1131b) is amended--</DELETED>
<DELETED> (1) in the section heading, by striking
``masters'' and inserting ``advanced'';</DELETED>
<DELETED> (2) in the first sentence, by inserting ``, and in
exceptional circumstances, a doctoral degree,'' after ``masters
degree'';</DELETED>
<DELETED> (3) in the second sentence, by striking ``masters
degree'' and inserting ``advanced degree''; and</DELETED>
<DELETED> (4) in the fourth sentence, by striking ``United
States'' and inserting ``United States.''.</DELETED>
<DELETED>SEC. 616. INTERNSHIPS.</DELETED>
<DELETED> Section 625 (20 U.S.C. 1131c) is amended--</DELETED>
<DELETED> (1) in subsection (a)--</DELETED>
<DELETED> (A) by striking ``as defined in section
322 of this Act'';</DELETED>
<DELETED> (B) by striking ``tribally controlled
Indian community colleges as defined in the Tribally
Controlled Community College Assistance Act of 1978''
and inserting ``tribally controlled colleges or
universities'';</DELETED>
<DELETED> (C) by striking ``an international'' and
inserting ``international,''; and</DELETED>
<DELETED> (D) by striking ``the United States
Information Agency'' and inserting ``the Department of
State''; and</DELETED>
<DELETED> (2) in subsection (c)(1)--</DELETED>
<DELETED> (A) in subparagraph (E), by inserting
``and'' after the semicolon;</DELETED>
<DELETED> (B) in subparagraph (F), by striking ``;
and'' and inserting a period; and</DELETED>
<DELETED> (C) by striking subparagraph
(G).</DELETED>
<DELETED>SEC. 617. FINANCIAL ASSISTANCE.</DELETED>
<DELETED> Part C of title VI (20 U.S.C. 1131 et seq.) is further
amended--</DELETED>
<DELETED> (1) by redesignating sections 626, 627, and 628 as
sections 627, 628, and 629, respectively; and</DELETED>
<DELETED> (2) by inserting after section 625 the
following:</DELETED>
<DELETED>``SEC. 626. FINANCIAL ASSISTANCE.</DELETED>
<DELETED> ``(a) Authority.--The Institute may provide financial
assistance, in the form of summer stipends described in subsection (b)
and Ralph Bunche scholarship assistance described in subsection (c), to
needy students to facilitate the participation of the students in the
Institute's programs under this part.</DELETED>
<DELETED> ``(b) Summer Stipends.--</DELETED>
<DELETED> ``(1) Requirements.--A student receiving a summer
stipend under this section shall use such stipend to defray the
student's cost of participation in a summer institute program
funded under this part, including the costs of travel, living,
and educational expenses necessary for the student's
participation in such program.</DELETED>
<DELETED> ``(2) Amount.--A summer stipend awarded to a
student under this section shall not exceed $3,000 per
summer.</DELETED>
<DELETED> ``(c) Ralph Bunche Scholarship.--</DELETED>
<DELETED> ``(1) Requirements.--A student receiving a Ralph
Bunche scholarship under this section--</DELETED>
<DELETED> ``(A) shall be a full-time student at an
institution of higher education who is accepted into a
program funded under this part; and</DELETED>
<DELETED> ``(B) shall use such scholarship to pay
costs related to the cost of attendance, as defined in
section 472, at the institution of higher education in
which the student is enrolled.</DELETED>
<DELETED> ``(2) Amount and duration.--A Ralph Bunche
scholarship awarded to a student under this section shall not
exceed $5,000 per academic year.''.</DELETED>
<DELETED>SEC. 618. REPORT.</DELETED>
<DELETED> Section 627 (as redesignated by section 617(1)) (20 U.S.C.
1131d) is amended by striking ``annually'' and inserting
``biennially''.</DELETED>
<DELETED>SEC. 619. GIFTS AND DONATIONS.</DELETED>
<DELETED> Section 628 (as redesignated by section 617(1)) (20 U.S.C.
1131e) is amended by striking ``annual report described in section
626'' and inserting ``biennial report described in section
627''.</DELETED>
<DELETED>SEC. 620. AUTHORIZATION OF APPROPRIATIONS FOR THE INSTITUTE
FOR INTERNATIONAL PUBLIC POLICY.</DELETED>
<DELETED> Section 629 (as redesignated by section 617(1)) (20 U.S.C.
1131f) is amended by striking ``$10,000,000 for fiscal year 1999'' and
all that follows through the period and inserting ``such sums as may be
necessary for fiscal year 2006 and each of the 5 succeeding fiscal
years.''.</DELETED>
<DELETED>SEC. 621. DEFINITIONS.</DELETED>
<DELETED> Section 631 (20 U.S.C. 1132) is amended--</DELETED>
<DELETED> (1) by redesignating paragraphs (2), (3), (4),
(5), (6), (7), (8), and (9), as paragraphs (8), (5), (9), (2),
(11), (3), (7), and (4), respectively;</DELETED>
<DELETED> (2) in paragraph (2), as redesignated by paragraph
(1), by striking ``comprehensive language and area center'' and
inserting ``comprehensive foreign language and area or
international studies center'';</DELETED>
<DELETED> (3) in paragraph (11), as redesignated by
paragraph (1), by striking ``undergraduate language and area
center'' and inserting ``undergraduate foreign language and
area or international studies center'';</DELETED>
<DELETED> (4) in paragraph (3), as redesignated by paragraph
(1), by striking the first occurrence of the term ``critical
languages'' and inserting ``critical foreign
languages'';</DELETED>
<DELETED> (5) in paragraph (7), as redesignated by paragraph
(1), by striking ``and'' after the semicolon;</DELETED>
<DELETED> (6) in paragraph (4), as redesignated by paragraph
(1), by striking the period at the end and inserting a
semicolon;</DELETED>
<DELETED> (7) by inserting after paragraph (5), as
redesignated by paragraph (1), the following:</DELETED>
<DELETED> ``(6) the term `historically Black college and
university' has the meaning given the term `part B institution'
in section 322;''; and</DELETED>
<DELETED> (8) by inserting after paragraph (9), as
redesignated by paragraph (1), the following:</DELETED>
<DELETED> ``(10) the term `tribally controlled college or
university' has the meaning given the term in section 2 of the
Tribally Controlled College or University Assistance Act of
1978 (25 U.S.C. 1801); and''.</DELETED>
<DELETED>SEC. 622. ASSESSMENT AND ENFORCEMENT.</DELETED>
<DELETED> Part D of title VI (20 U.S.C. 1132) is amended by adding
at the end the following:</DELETED>
<DELETED>``SEC. 632. ASSESSMENT; ENFORCEMENT; RULE OF
CONSTRUCTION.</DELETED>
<DELETED> ``(a) In General.--The Secretary is authorized to assess
and ensure compliance with all the conditions and terms of grants
provided under this title. If a complaint regarding activities funded
under this title is not resolved under the process outlined in the
relevant grantee's application, and such complaint is filed with the
Department, the Secretary shall be notified, and is authorized, when
circumstances warrant, to immediately suspend future funding for the
grant pending resolution of such dispute. Such resolution shall not
exceed 60 days. The Secretary shall take the outcomes of such
complaints into account when determining the renewal of
grants.</DELETED>
<DELETED> ``(b) Rule of Construction.--Nothing in this title shall
be construed to authorize the Secretary to mandate, direct, or control
an institution of higher education's specific instructional content,
curriculum, or program of instruction.</DELETED>
<DELETED>``SEC. 633. EVALUATION, OUTREACH, AND INFORMATION.</DELETED>
<DELETED> ``The Secretary may use not more than 1 percent of the
funds made available under this title to carry out program evaluation,
national outreach, and information dissemination activities relating to
the programs authorized under this title.''.</DELETED>
<DELETED>TITLE VII--GRADUATE AND POSTSECONDARY IMPROVEMENT
PROGRAMS</DELETED>
<DELETED>SEC. 701. PURPOSE.</DELETED>
<DELETED> Section 700(1)(B)(i) (20 U.S.C. 1133(1)(B)(i)) is amended
by inserting ``, including those areas critical to United States
national and homeland security needs such as mathematics, science, and
engineering'' before the semicolon at the end.</DELETED>
<DELETED>SEC. 702. ALLOCATION OF JACOB K. JAVITS FELLOWSHIPS.</DELETED>
<DELETED> Section 702(a)(1) (20 U.S.C. 1134a(a)(1)) is amended to
read as follows:</DELETED>
<DELETED> ``(1) Appointment.--</DELETED>
<DELETED> ``(A) In general.--The Secretary shall
appoint a Jacob K. Javits Fellows Program Fellowship
Board (referred to in this subpart as the `Board')
consisting of 9 individuals representative of both
public and private institutions of higher education who
are especially qualified to serve on the
Board.</DELETED>
<DELETED> ``(B) Qualifications.--In making
appointments under subparagraph (A), the Secretary
shall--</DELETED>
<DELETED> ``(i) give due consideration to
the appointment of individuals who are highly
respected in the academic community;</DELETED>
<DELETED> ``(ii) assure that individuals
appointed to the Board are broadly
representative of a range of disciplines in
graduate education in arts, humanities, and
social sciences;</DELETED>
<DELETED> ``(iii) appoint members to
represent the various geographic regions of the
United States; and</DELETED>
<DELETED> ``(iv) include representatives
from minority institutions, as defined in
section 365.''.</DELETED>
<DELETED>SEC. 703. STIPENDS.</DELETED>
<DELETED> Section 703(a) (20 U.S.C. 1134b(a)) is amended by striking
``graduate fellowships'' and inserting ``Graduate Research Fellowship
Program''.</DELETED>
<DELETED>SEC. 704. AUTHORIZATION OF APPROPRIATIONS FOR THE JACOB K.
JAVITS FELLOWSHIP PROGRAM.</DELETED>
<DELETED> Section 705 (20 U.S.C. 1134d) is amended by striking
``$30,000,000 for fiscal year 1999'' and all that follows through the
period and inserting ``such sums as may be necessary for fiscal year
2006 and each of the 5 succeeding fiscal years to carry out this
subpart.''.</DELETED>
<DELETED>SEC. 705. INSTITUTIONAL ELIGIBILITY UNDER THE GRADUATE
ASSISTANCE IN AREAS OF NATIONAL NEED PROGRAM.</DELETED>
<DELETED> Section 712(b) (20 U.S.C. 1135a(b)) is amended to read as
follows:</DELETED>
<DELETED> ``(b) Designation of Areas of National Need.--After
consultation with appropriate Federal and nonprofit agencies and
organizations, including the National Science Foundation, the
Department of Defense, the Department of Homeland Security, the
National Academy of Sciences, and the Bureau of Labor Statistics, the
Secretary shall designate areas of national need. In making such
designations, the Secretary shall take into consideration--</DELETED>
<DELETED> ``(1) the extent to which the interest in the area
is compelling;</DELETED>
<DELETED> ``(2) the extent to which other Federal programs
support postbaccalaureate study in the area
concerned;</DELETED>
<DELETED> ``(3) an assessment of how the program may achieve
the most significant impact with available resources;
and</DELETED>
<DELETED> ``(4) an assessment of current and future
professional workforce needs of the United States.''.</DELETED>
<DELETED>SEC. 706. AWARDS TO GRADUATE STUDENTS.</DELETED>
<DELETED> Section 714 (20 U.S.C. 1135c) is amended--</DELETED>
<DELETED> (1) in subsection (b)--</DELETED>
<DELETED> (A) by striking ``1999-2000'' and
inserting ``2006-2007''; and</DELETED>
<DELETED> (B) by striking ``graduate fellowships''
and inserting ``Graduate Research Fellowship Program'';
and</DELETED>
<DELETED> (2) in subsection (c)--</DELETED>
<DELETED> (A) by striking ``716(a)'' and inserting
``715(a)''; and</DELETED>
<DELETED> (B) by striking ``714(b)(2)'' and
inserting ``713(b)(2)''.</DELETED>
<DELETED>SEC. 707. ADDITIONAL ASSISTANCE FOR COST OF
EDUCATION.</DELETED>
<DELETED> Section 715(a)(1) (20 U.S.C. 1135d(a)(1)) is amended--
</DELETED>
<DELETED> (1) by striking ``1999-2000'' and inserting
``2006-2007''; and</DELETED>
<DELETED> (2) by striking ``1998-1999'' and inserting
``2005-2006''.</DELETED>
<DELETED>SEC. 708. AUTHORIZATION OF APPROPRIATIONS FOR THE GRADUATE
ASSISTANCE IN AREAS OF NATIONAL NEED PROGRAM.</DELETED>
<DELETED> Section 716 (20 U.S.C. 1135e) is amended by striking
``$35,000,000 for fiscal year 1999'' and all that follows through the
period and inserting ``such sums as may be necessary for fiscal year
2006 and each of the 5 succeeding fiscal years to carry out this
subpart.''.</DELETED>
<DELETED>SEC. 709. AUTHORIZATION OF APPROPRIATIONS FOR THE THURGOOD
MARSHALL LEGAL EDUCATIONAL OPPORTUNITY PROGRAM.</DELETED>
<DELETED> Section 721(h) (20 U.S.C. 1136(h)) is amended by striking
``$5,000,000 for fiscal year 1999'' and all that follows through the
period and inserting ``such sums as may be necessary for fiscal year
2006 and each of the 5 succeeding fiscal years.''.</DELETED>
<DELETED>SEC. 710. FUND FOR THE IMPROVEMENT OF POSTSECONDARY
EDUCATION.</DELETED>
<DELETED> Section 741(a) (20 U.S.C. 1138(a)) is amended--</DELETED>
<DELETED> (1) by striking paragraph (3) and inserting the
following:</DELETED>
<DELETED> ``(3) the establishment and continuation of
institutions, programs, consortia, collaborations, and other
joint efforts based on the technology of communications,
including those efforts that utilize distance education and
technological advancements to educate and train postsecondary
students (including health professionals serving medically
underserved populations);'';</DELETED>
<DELETED> (2) in paragraph (7), by striking ``and'' after
the semicolon;</DELETED>
<DELETED> (3) in paragraph (8), by striking the period at
the end and inserting a semicolon; and</DELETED>
<DELETED> (4) by adding at the end the following:</DELETED>
<DELETED> ``(9) the introduction of reforms in remedial
education, including English language instruction, to customize
remedial courses to student goals and help students progress
rapidly from remedial courses into core courses and through
program completion; and</DELETED>
<DELETED> ``(10) the creation of consortia that join diverse
institutions of higher education for the purpose of integrating
curricular and co-curricular interdisciplinary
study.''.</DELETED>
<DELETED>SEC. 711. SPECIAL PROJECTS.</DELETED>
<DELETED> Section 744(c) (20 U.S.C. 1138c) is amended to read as
follows:</DELETED>
<DELETED> ``(c) Areas of National Need.--Areas of national need
shall include, at a minimum, the following:</DELETED>
<DELETED> ``(1) Institutional restructuring to improve
learning and promote productivity, efficiency, quality
improvement, and cost and price control.</DELETED>
<DELETED> ``(2) Improvements in academic instruction and
student learning, including efforts designed to assess the
learning gains made by postsecondary students.</DELETED>
<DELETED> ``(3) Articulation between 2- and 4-year
institutions of higher education, including developing
innovative methods for ensuring the successful transfer of
students from 2- to 4-year institutions of higher
education.</DELETED>
<DELETED> ``(4) Development, evaluation and dissemination of
model programs, including model core curricula that--</DELETED>
<DELETED> ``(A) provide students with a broad and
integrated knowledge base;</DELETED>
<DELETED> ``(B) include, at a minimum, broad survey
courses in English literature, American and world
history, American political institutions, economics,
philosophy, college-level mathematics, and the natural
sciences; and</DELETED>
<DELETED> ``(C) include sufficient study of a
foreign language to lead to reading and writing
competency in the foreign language.</DELETED>
<DELETED> ``(5) International cooperation and student
exchanges among postsecondary educational
institutions.''.</DELETED>
<DELETED>SEC. 712. AUTHORIZATION OF APPROPRIATIONS FOR THE FUND FOR THE
IMPROVEMENT OF POSTSECONDARY EDUCATION.</DELETED>
<DELETED> Section 745 (20 U.S.C. 1138d) is amended by striking
``$30,000,000 for fiscal year 1999'' and all that follows through the
period and inserting ``such sums as may be necessary for fiscal year
2006 and each of the 5 succeeding fiscal years.''.</DELETED>
<DELETED>SEC. 713. AUTHORIZATION OF APPROPRIATIONS FOR THE URBAN
COMMUNITY SERVICE PROGRAM.</DELETED>
<DELETED> Section 759 (20 U.S.C. 1139h) is amended by striking
``$20,000,000 for fiscal year 1999'' and all that follows through the
period and inserting ``such sums as may be necessary for fiscal year
2006 and each of the 5 succeeding fiscal years to carry out this
part.''.</DELETED>
<DELETED>SEC. 714. GRANTS AUTHORIZED FOR DEMONSTRATION PROJECTS TO
ENSURE STUDENTS WITH DISABILITIES RECEIVE A QUALITY
HIGHER EDUCATION.</DELETED>
<DELETED> Section 762 (20 U.S.C. 1140a) is amended--</DELETED>
<DELETED> (1) in subsection (b)--</DELETED>
<DELETED> (A) in paragraph (2)--</DELETED>
<DELETED> (i) in subparagraph (A), by
striking ``to teach students with
disabilities'' and inserting ``to teach and
meet the academic and programmatic needs of
students with disabilities in order to improve
retention and completion of postsecondary
education'';</DELETED>
<DELETED> (ii) by redesignating
subparagraphs (B) and (C) as subparagraphs (C)
and (F), respectively;</DELETED>
<DELETED> (iii) by inserting after
subparagraph (A) the following:</DELETED>
<DELETED> ``(B) Effective transition practices.--The
development of innovative and effective teaching
methods and strategies to ensure the successful
transition of students with disabilities from secondary
school to postsecondary education.'';</DELETED>
<DELETED> (iv) in subparagraph (C), as
redesignated by clause (ii), by striking the
period at the end and inserting ``, including
data on the postsecondary education of and
impact on subsequent employment of students
with disabilities. Such research, information,
and data shall be made publicly available and
accessible.'';</DELETED>
<DELETED> (v) by inserting after
subparagraph (C), as redesignated by clause
(ii), the following:</DELETED>
<DELETED> ``(D) Distance learning.--The development
of innovative and effective teaching methods and
strategies to provide faculty and administrators with
the ability to provide accessible distance education
programs or classes that would enhance access of
students with disabilities to higher education,
including the use of accessible curriculum and
electronic communication for instruction and
advisement.</DELETED>
<DELETED> ``(E) Disability career pathways.--
Training and providing support to secondary and
postsecondary staff to encourage interest in, enhance
awareness and understanding of, provide educational
opportunities in, teach practical skills related to,
and offer work-based opportunities in, disability
related fields, among students, including students with
disabilities. Such training and support may include
developing means to offer students credit-bearing,
college-level coursework, and career and educational
counseling.''; and</DELETED>
<DELETED> (vi) by adding at the end the
following:</DELETED>
<DELETED> ``(G) Accessibility of education.--Making
postsecondary education more accessible to students
with disabilities through curriculum development.'';
and</DELETED>
<DELETED> (B) in paragraph (3), by striking
``subparagraphs (A) through (C)'' and inserting
``subparagraphs (A) through (G)''; and</DELETED>
<DELETED> (2) by adding at the end the following:</DELETED>
<DELETED> ``(d) Report.--The Secretary shall prepare and disseminate
a report reviewing the activities of the demonstration projects
authorized under this part and providing guidance and recommendations
on how successful projects can be replicated.''.</DELETED>
<DELETED>SEC. 715. APPLICATIONS FOR DEMONSTRATION PROJECTS TO ENSURE
STUDENTS WITH DISABILITIES RECEIVE A QUALITY HIGHER
EDUCATION.</DELETED>
<DELETED> Section 763 (20 U.S.C. 1140b) is amended--</DELETED>
<DELETED> (1) by striking paragraph (1) and inserting the
following:</DELETED>
<DELETED> ``(1) a description of how such institution plans
to address the activities allowed under this part;'';</DELETED>
<DELETED> (2) in paragraph (2), by striking ``and'' after
the semicolon;</DELETED>
<DELETED> (3) in paragraph (3), by striking the period at
the end and inserting ``; and''; and</DELETED>
<DELETED> (4) by adding at the end the following:</DELETED>
<DELETED> ``(4) a description of the extent to which the
institution will work to replicate the research based and best
practices of institutions of higher education with demonstrated
success in serving students with disabilities.''.</DELETED>
<DELETED>SEC. 716. AUTHORIZATION OF APPROPRIATIONS FOR THE
DEMONSTRATION PROJECTS TO ENSURE STUDENTS WITH
DISABILITIES RECEIVE A QUALITY HIGHER
EDUCATION.</DELETED>
<DELETED> Section 765 (20 U.S.C. 1140d) is amended by striking
``$10,000,000 for fiscal year 1999'' and all that follows through the
period and inserting ``such sums as may be necessary for fiscal year
2006 and each of the 5 succeeding fiscal years.''.</DELETED>
<DELETED>TITLE VIII--MISCELLANEOUS</DELETED>
<DELETED>SEC. 801. MATHEMATICS AND SCIENCE SCHOLARS PROGRAM.</DELETED>
<DELETED> The Act (20 U.S.C. 1001 et seq.) is amended by adding at
the end the following:</DELETED>
<DELETED>``TITLE VIII--MISCELLANEOUS</DELETED>
<DELETED>``PART A--MATHEMATICS AND SCIENCE SCHOLARS PROGRAM</DELETED>
<DELETED>``SEC. 811. MATHEMATICS AND SCIENCE SCHOLARS
PROGRAM.</DELETED>
<DELETED> ``(a) Program Authorized.--The Secretary is authorized to
award grants to States, on a competitive basis, to enable the States to
award eligible students, who complete a rigorous secondary school
curriculum in mathematics and science, scholarships for undergraduate
study.</DELETED>
<DELETED> ``(b) Eligible Students.--A student is eligible for a
scholarship under this section if the student is a full-time
undergraduate student in the student's first and second year of study
who has completed a rigorous secondary school curriculum in mathematics
and science.</DELETED>
<DELETED> ``(c) Rigorous Curriculum.--Each participating State shall
determine the requirements for a rigorous secondary school curriculum
in mathematics and science described in subsection (b).</DELETED>
<DELETED> ``(d) Priority for Scholarships.--The Governor of a State
may set a priority for awarding scholarships under this section for
particular eligible students, such as students attending schools in
high-need areas, students who are from groups underrepresented in the
fields of mathematics, science, and engineering, students served by
local educational agencies that do not meet or exceed State standards
in mathematics and science, or students with regional or geographic
needs as determined appropriate by the Governor.</DELETED>
<DELETED> ``(e) Amount and Duration of Scholarship.--The Secretary
shall award a grant under this section--</DELETED>
<DELETED> ``(1) in an amount that does not exceed $1,000;
and</DELETED>
<DELETED> ``(2) for not more than 2 years of undergraduate
study.</DELETED>
<DELETED> ``(f) Matching Requirement.--In order to receive a grant
under this section, a State shall provide matching funds for the
scholarships awarded under this section in an amount equal to 50
percent of the Federal funds received.</DELETED>
<DELETED> ``(g) Authorization.--There are authorized to be
appropriated to carry out this section such sums as may be necessary
for fiscal year 2006 and each of the 5 succeeding fiscal
years.</DELETED>
<DELETED>``PART B--POSTSECONDARY EDUCATION ASSESSMENT</DELETED>
<DELETED>``SEC. 821. POSTSECONDARY EDUCATION ASSESSMENT.</DELETED>
<DELETED> ``(a) Contract for Assessment.--The Secretary shall enter
into a contract, with an independent, bipartisan organization with
specific expertise in public administration and financial management,
to carry out an independent assessment of the cost factors associated
with the cost of tuition at institutions of higher education.</DELETED>
<DELETED> ``(b) Timeframe.--The Secretary shall enter into the
contract described in subsection (a) not later than 90 days after the
date of enactment of the Higher Education Amendments of 2005.</DELETED>
<DELETED> ``(c) Matters Assessed.--The assessment described in
subsection (a) shall--</DELETED>
<DELETED> ``(1) examine the key elements driving the cost
factors associated with the cost of tuition at institutions of
higher education during academic year 2000 and succeeding
academic years;</DELETED>
<DELETED> ``(2) identify and evaluate measures being used to
control postsecondary education costs;</DELETED>
<DELETED> ``(3) identify and evaluate effective measures
that may be utilized to control postsecondary education costs
in the future; and</DELETED>
<DELETED> ``(4) identify systemic approaches to monitor
future postsecondary education costs trends and postsecondary
education cost control mechanisms.</DELETED>
<DELETED>``PART C--JOB SKILL TRAINING IN HIGH-GROWTH OCCUPATIONS OR
INDUSTRIES</DELETED>
<DELETED>``SEC. 831. JOB SKILL TRAINING IN HIGH-GROWTH OCCUPATIONS OR
INDUSTRIES.</DELETED>
<DELETED> ``(a) Grants Authorized.--The Secretary is authorized to
award grants, on a competitive basis, to eligible partnerships to
enable the eligible partnerships to provide relevant job skill training
in high-growth industries or occupations.</DELETED>
<DELETED> ``(b) Definitions.--In this section:</DELETED>
<DELETED> ``(1) Eligible partnership.--The term `eligible
partnership' means a partnership--</DELETED>
<DELETED> ``(A) between an institution of higher
education and a local board (as such term is defined in
section 101 of the Workforce Investment Act of 1998);
or</DELETED>
<DELETED> ``(B) if an institution of higher
education is located within a State that does not
operate local boards, between the institution of higher
education and a State board (as such term is defined in
section 101 of the Workforce Investment Act of
1998).</DELETED>
<DELETED> ``(2) Nontraditional student.--The term
`nontraditional student' means a student who--</DELETED>
<DELETED> ``(A) is independent, as defined in
section 480(d);</DELETED>
<DELETED> ``(B) attends an institution of higher
education--</DELETED>
<DELETED> ``(i) on less than a full-time
basis;</DELETED>
<DELETED> ``(ii) via evening, weekend,
modular, or compressed courses; or</DELETED>
<DELETED> ``(iii) via distance learning
methods; or</DELETED>
<DELETED> ``(C) has delayed enrollment at an
institution of higher education.</DELETED>
<DELETED> ``(3) Institution of higher education.--The term
`institution of higher education' means an institution of
higher education, as defined in section 101(b), that offers a
1- or 2-year program of study leading to a degree or
certificate.</DELETED>
<DELETED> ``(c) Application.--</DELETED>
<DELETED> ``(1) In general.--Each eligible partnership that
desires a grant under this section shall submit an application
to the Secretary at such time, in such manner, and accompanied
by such additional information as the Secretary may
require.</DELETED>
<DELETED> ``(2) Contents.--Each application submitted under
paragraph (1) shall include a description of--</DELETED>
<DELETED> ``(A) how the eligible partnership,
through the institution of higher education, will
provide relevant job skill training for students to
enter high-growth occupations or industries;</DELETED>
<DELETED> ``(B) local high-growth occupations or
industries; and</DELETED>
<DELETED> ``(C) the need for qualified workers to
meet the local demand of high-growth occupations or
industries.</DELETED>
<DELETED> ``(d) Award Basis.--In awarding grants under this section,
the Secretary shall--</DELETED>
<DELETED> ``(1) ensure an equitable distribution of grant
funds under this section among urban and rural areas of the
United States; and</DELETED>
<DELETED> ``(2) take into consideration the capability of
the institution of higher education--</DELETED>
<DELETED> ``(A) to offer relevant, high quality
instruction and job skill training for students
entering a high-growth occupation or
industry;</DELETED>
<DELETED> ``(B) to involve the local business
community and to place graduates in the community in
employment in high-growth occupations or
industries;</DELETED>
<DELETED> ``(C) to provide secondary students with
dual-enrollment or concurrent enrollment
options;</DELETED>
<DELETED> ``(D) to serve nontraditional or low-
income students, or adult or displaced workers;
and</DELETED>
<DELETED> ``(E) to serve students from rural or
remote communities.</DELETED>
<DELETED> ``(e) Use of Funds.--Grant funds provided under this
section may be used--</DELETED>
<DELETED> ``(1) to expand or create academic programs or
programs of training that provide relevant job skill training
for high-growth occupations or industries;</DELETED>
<DELETED> ``(2) to purchase equipment which will facilitate
the development of academic programs or programs of training
that provide training for high-growth occupations or
industries;</DELETED>
<DELETED> ``(3) to support outreach efforts that enable
students to attend institutions of higher education with
academic programs or programs of training focused on high-
growth occupations or industries;</DELETED>
<DELETED> ``(4) to expand or create programs for distance,
evening, weekend, modular, or compressed learning opportunities
that provide relevant job skill training in high-growth
occupations or industries;</DELETED>
<DELETED> ``(5) to build partnerships with local businesses
in high-growth occupations or industries;</DELETED>
<DELETED> ``(6) to support curriculum development related to
entrepreneurial training; and</DELETED>
<DELETED> ``(7) for other uses that the Secretary determines
to be consistent with the intent of this section.</DELETED>
<DELETED> ``(f) Requirements.--</DELETED>
<DELETED> ``(1) Fiscal agent.--For the purpose of this
section, the institution of higher education in an eligible
partnership shall serve as the fiscal agent and grant recipient
for the eligible partnership.</DELETED>
<DELETED> ``(2) Duration.--The Secretary shall award grants
under this section for periods that may not exceed 5
years.</DELETED>
<DELETED> ``(3) Supplement, not supplant.--Funds made
available under this section shall be used to supplement and
not supplant other Federal, State, and local funds available to
the eligible partnership for carrying out the activities
described in subsection (e).</DELETED>
<DELETED> ``(g) Authorization of Appropriations.--There are
authorized to be appropriated to carry out this part such sums as may
be necessary for fiscal year 2006 and each of the 5 succeeding fiscal
years.</DELETED>
<DELETED>``PART D--GRANT PROGRAM TO INCREASE STUDENT RETENTION AND
PROMOTE ARTICULATION AGREEMENTS</DELETED>
<DELETED>``SEC. 841. GRANT PROGRAM TO INCREASE STUDENT RETENTION AND
PROMOTE ARTICULATION AGREEMENTS.</DELETED>
<DELETED> ``(a) Authorization of Program.--The Secretary shall award
grants, on a competitive basis, to eligible institutions to enable the
institutions to--</DELETED>
<DELETED> ``(1) focus on increasing traditional and
nontraditional student retention at such institutions;
and</DELETED>
<DELETED> ``(2) promote articulation agreements among
different institutions that will increase the likelihood of
progression of students at such institutions to baccalaureate
degrees.</DELETED>
<DELETED> ``(b) Definition of Eligible Institution.--In this
section, the term `eligible institution' means an institution of higher
education (as defined in section 101(a)) where not less than 40 percent
of such institution's student body receives financial aid under subpart
1 of part A of title IV.</DELETED>
<DELETED> ``(c) Application.--An eligible institution that desires a
grant under this section shall submit an application to the Secretary
at such time, in such manner, and containing such information as the
Secretary may require, including the number of students proposed to be
served and a description of the services that will be
provided.</DELETED>
<DELETED> ``(d) Mandatory Activities.--An eligible institution that
receives a grant under this section shall use the grant funds to carry
out each of the following:</DELETED>
<DELETED> ``(1) Offering counseling and advisement services
to help students adapt to postsecondary education and select
appropriate coursework.</DELETED>
<DELETED> ``(2) Making mentors available to students who are
at risk for not completing a degree.</DELETED>
<DELETED> ``(3) Providing detailed assistance to students
who request help in understanding--</DELETED>
<DELETED> ``(A) the options for financing their
education, including information on grants, loans, and
loan repayment programs;</DELETED>
<DELETED> ``(B) the process of applying for
financial assistance;</DELETED>
<DELETED> ``(C) the outcome of their financial
assistance application; and</DELETED>
<DELETED> ``(D) any unanticipated problems related
to financing their education that arise.</DELETED>
<DELETED> ``(4) Offering tutoring to students at risk of
dropping out of school with any course or subject.</DELETED>
<DELETED> ``(5) Designing and implementing innovative ways
to improve retention in and completion of courses, such as
enrolling students in cohorts, providing counseling, or
creating bridge programs that customize courses to the needs of
special population students.</DELETED>
<DELETED> ``(6) Conducting outreach activities so that all
students know that these services are available and are aware
of how to access the services.</DELETED>
<DELETED> ``(7) Creating articulation agreements to promote
smooth transition from two year to four year
programs.</DELETED>
<DELETED> ``(8) Making services listed in paragraphs (1)
through (5) available in students' native languages, if it is
not English, if the percentage of students needing translation
services in a specific language exceeds 5 percent.</DELETED>
<DELETED> ``(e) Permissible Activities.--An eligible institution
that receives a grant under this section may use grant funds to carry
out any of the following activities:</DELETED>
<DELETED> ``(1) Designing innovative course schedules to
meet the needs of working adults, such as online, modular,
compressed, or other alternative methods.</DELETED>
<DELETED> ``(2) Offering childcare during the hours when
students have class or are studying.</DELETED>
<DELETED> ``(3) Providing transportation assistance to
students that helps such students manage their
schedules.</DELETED>
<DELETED> ``(4) Partnering with local businesses to create
flexible work-hour programs so that students can balance work
and school.</DELETED>
<DELETED> ``(5) Offering time management or financial
literacy seminars to help students improve their management
skills.</DELETED>
<DELETED> ``(6) Improving professional development to align
instruction with innovative program designs.</DELETED>
<DELETED> ``(7) Any other activities the Secretary believes
will promote retention of students attending eligible
institutions.</DELETED>
<DELETED> ``(f) Technical Assistance.--The Secretary may enter into
a contract with a private entity to provide such technical assistance
to grantees under this section as the Secretary determines
appropriate.</DELETED>
<DELETED> ``(g) Evaluation.--The Secretary shall conduct an
evaluation of program impacts under the demonstration program, and
shall disseminate to the public the findings from the evaluation and
information on best practices.</DELETED>
<DELETED> ``(h) Authorization of Appropriations.--There is
authorized to be appropriated to carry out this and such sums as may be
necessary for fiscal year 2006 and each of the 5 succeeding fiscal
years.</DELETED>
<DELETED>``PART E--AMERICAN HISTORY FOR FREEDOM</DELETED>
<DELETED>``SEC. 851. AMERICAN HISTORY FOR FREEDOM.</DELETED>
<DELETED> ``(a) Grants Authorized.--The Secretary is authorized to
award 3-year grants, on a competitive basis, to eligible institutions
to establish or strengthen postsecondary academic programs or centers
that promote and impart knowledge of--</DELETED>
<DELETED> ``(1) traditional American history;</DELETED>
<DELETED> ``(2) the history and nature of, and threats to,
free institutions; or</DELETED>
<DELETED> ``(3) the history and achievements of Western
civilization.</DELETED>
<DELETED> ``(b) Definitions.--In this section:</DELETED>
<DELETED> ``(1) Eligible institution.--The term `eligible
institution' means an institution of higher education as
defined in section 101.</DELETED>
<DELETED> ``(2) Free institution.--The term `free
institution' means an institution that emerged out of Western
civilization, such as democracy, constitutional government,
individual rights, market economics, religious freedom and
religious tolerance, and freedom of thought and
inquiry.</DELETED>
<DELETED> ``(3) Traditional american history.--The term
`traditional American history' means--</DELETED>
<DELETED> ``(A) the significant constitutional,
political, intellectual, economic, and foreign policy
trends and issues that have shaped the course of
American history; and</DELETED>
<DELETED> ``(B) the key episodes, turning points,
and leading figures involved in the constitutional,
political, intellectual, diplomatic, and economic
history of the United States.</DELETED>
<DELETED> ``(c) Application.--</DELETED>
<DELETED> ``(1) In general.--Each eligible institution that
desires a grant under this part shall submit an application to
the Secretary at such time, in such manner, and accompanied by
such additional information as the Secretary may
require.</DELETED>
<DELETED> ``(2) Contents.--Each application submitted under
subsection (a) shall include a description of --</DELETED>
<DELETED> ``(A) how funds made available under this
part will be used for the activities set forth under
subsection (e), including how such activities will
increase knowledge with respect to traditional American
history, free institutions, or Western
civilization;</DELETED>
<DELETED> ``(B) how the eligible institution will
ensure that information about the activities funded
under this part is widely disseminated pursuant to
subsection (e)(1)(B);</DELETED>
<DELETED> ``(C) any activities to be undertaken
pursuant to subsection (e)(2)(A), including
identification of entities intended to
participate;</DELETED>
<DELETED> ``(D) how funds made available under this
part shall be used to supplement and not supplant non-
Federal funds available for the activities described in
subsection (e); and</DELETED>
<DELETED> ``(E) such fiscal controls and accounting
procedures as may be necessary to ensure proper
disbursement of and accounting for funding made
available to the eligible institution under this
part.</DELETED>
<DELETED> ``(d) Award Basis.--In awarding grants under this part,
the Secretary shall take into consideration the capability of the
eligible institution to--</DELETED>
<DELETED> ``(1) increase access to quality programming that
expands knowledge of traditional American history, free
institutions, or Western civilization;</DELETED>
<DELETED> ``(2) involve personnel with strong expertise in
traditional American history, free institutions, or Western
civilization; and</DELETED>
<DELETED> ``(3) sustain the activities funded under this
part after the grant has expired.</DELETED>
<DELETED> ``(e) Use of Funds.--</DELETED>
<DELETED> ``(1) Required use of funds.--Funds provided under
this part shall be used to--</DELETED>
<DELETED> ``(A) establish or strengthen academic
programs or centers focused on traditional American
history, free institutions, or Western civilization,
which may include--</DELETED>
<DELETED> ``(i) design and implementation of
programs of study, courses, lecture series,
seminars, and symposia;</DELETED>
<DELETED> ``(ii) development, publication,
and dissemination of instructional
materials;</DELETED>
<DELETED> ``(iii) research;</DELETED>
<DELETED> ``(iv) support for faculty
teaching in undergraduate and, if applicable,
graduate programs;</DELETED>
<DELETED> ``(v) support for graduate and
postgraduate fellowships, if applicable;
or</DELETED>
<DELETED> ``(vi) teacher preparation
initiatives that stress content mastery
regarding traditional American history, free
institutions, or Western civilization;
and</DELETED>
<DELETED> ``(B) conduct outreach activities to
ensure that information about the activities funded
under this part is widely disseminated--</DELETED>
<DELETED> ``(i) to undergraduate students
(including students enrolled in teacher
education programs, if applicable);</DELETED>
<DELETED> ``(ii) to graduate students
(including students enrolled in teacher
education programs), if applicable;</DELETED>
<DELETED> ``(iii) to faculty;</DELETED>
<DELETED> ``(iv) to local educational
agencies; and</DELETED>
<DELETED> ``(v) within the local
community.</DELETED>
<DELETED> ``(2) Allowable uses of funds.--Funds provided
under this part may be used to support--</DELETED>
<DELETED> ``(A) collaboration with entities such
as--</DELETED>
<DELETED> ``(i) local educational agencies,
for the purpose of providing elementary, middle
and secondary school teachers an opportunity to
enhance their knowledge of traditional American
history, free institutions, or Western
civilization; and</DELETED>
<DELETED> ``(ii) nonprofit organizations
whose mission is consistent with the purpose of
this part, such as academic organizations,
museums, and libraries, for assistance in
carrying out activities described under
subsection (a); and</DELETED>
<DELETED> ``(B) other activities that meet the
purposes of this part.</DELETED>
<DELETED> ``(f) Authorization of Appropriations.--For the purpose of
carrying out this part, there are authorized to be appropriated such
sums as may be necessary for fiscal year 2006 and each of the 5
succeeding fiscal years.</DELETED>
<DELETED>``PART F--TEACH FOR AMERICA</DELETED>
<DELETED>``SEC. 861. TEACH FOR AMERICA.</DELETED>
<DELETED> ``(a) Definitions.--</DELETED>
<DELETED> ``(1) In general.--The terms `highly qualified',
`local educational agency', and `Secretary' have the meanings
given the terms in section 9101 of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7801).</DELETED>
<DELETED> ``(2) Grantee.--The term `grantee' means Teach For
America, Inc.</DELETED>
<DELETED> ``(3) High need.--The term `high need', when used
with respect to a local educational agency, means a local
educational agency experiencing a shortage of highly qualified
teachers.</DELETED>
<DELETED> ``(b) Grants Authorized.--The Secretary is authorized to
award a grant to Teach For America, Inc., the national teacher corps of
outstanding recent college graduates who commit to teach for 2 years in
underserved communities in the United States, to implement and expand
its program of recruiting, selecting, training, and supporting new
teachers.</DELETED>
<DELETED> ``(c) Requirements.--In carrying out the grant program
under subsection (b), the Secretary shall enter into an agreement with
the grantee under which the grantee agrees to use the grant funds
provided under this section--</DELETED>
<DELETED> ``(1) to provide highly qualified teachers to high
need local educational agencies in urban and rural
communities;</DELETED>
<DELETED> ``(2) to pay the cost of recruiting, selecting,
training, and supporting new teachers; and</DELETED>
<DELETED> ``(3) to serve a substantial number and percentage
of underserved students.</DELETED>
<DELETED> ``(d) Authorized Activities.--</DELETED>
<DELETED> ``(1) In general.--Grant funds provided under this
section shall be used by the grantee to carry out each of the
following activities:</DELETED>
<DELETED> ``(A) Recruiting and selecting teachers
through a highly selective national process.</DELETED>
<DELETED> ``(B) Providing preservice training to the
teachers through a rigorous summer institute that
includes hands-on teaching experience and significant
exposure to education coursework and theory.</DELETED>
<DELETED> ``(C) Placing the teachers in schools and
positions designated by partner local educational
agencies as high need placements serving underserved
students.</DELETED>
<DELETED> ``(D) Providing ongoing professional
development activities for the teachers' first 2 years
in the classroom, including regular classroom
observations and feedback, and ongoing training and
support.</DELETED>
<DELETED> ``(2) Limitation.--The grantee shall use all grant
funds received under this section to support activities related
directly to the recruitment, selection, training, and support
of teachers as described in subsection (a).</DELETED>
<DELETED> ``(e) Reports and Evaluations.--</DELETED>
<DELETED> ``(1) Annual report.--The grantee shall provide to
the Secretary an annual report that includes--</DELETED>
<DELETED> ``(A) data on the number and quality of
the teachers provided to local educational agencies
through a grant under this section;</DELETED>
<DELETED> ``(B) an externally conducted analysis of
the satisfaction of local educational agencies and
principals with the teachers so provided; and</DELETED>
<DELETED> ``(C) comprehensive data on the background
of the teachers chosen, the training the teachers
received, the placement sites of the teachers, the
professional development of the teachers, and the
retention of the teachers.</DELETED>
<DELETED> ``(2) Study.--</DELETED>
<DELETED> ``(A) In general.--From funds appropriated
under subsection (f), the Secretary shall provide for a
study that examines the achievement levels of the
students taught by the teachers assisted under this
section.</DELETED>
<DELETED> ``(B) Achievement gains compared.--The
study shall compare, within the same schools, the
achievement gains made by students taught by teachers
who are assisted under this section with the
achievement gains made by students taught by teachers
who are not assisted under this section.</DELETED>
<DELETED> ``(3) Requirements.--The Secretary shall provide
for such a study not less than once every 3 years, and each
such study shall include multiple placement sites and multiple
schools within placement sites.</DELETED>
<DELETED> ``(4) Peer review standards.--Each such study
shall meet the peer review standards of the education research
community.</DELETED>
<DELETED> ``(f) Authorization of Appropriations.--</DELETED>
<DELETED> ``(1) In general.--There are authorized to be
appropriated to carry out this section such sums as may be
necessary for fiscal year 2006 and each of the 5 succeeding
fiscal years.</DELETED>
<DELETED> ``(2) Limitation.--The grantee shall not use more
than 25 percent of Federal funds from any source for
administrative costs.</DELETED>
<DELETED>``PART G--PATSY T. MINK FELLOWSHIP PROGRAM</DELETED>
<DELETED>``SEC. 1. PATSY T. MINK FELLOWSHIP PROGRAM.</DELETED>
<DELETED> ``(a) Purpose.--</DELETED>
<DELETED> ``(1) In general.--It is the purpose of this
section to provide, through eligible institutions, a program of
fellowship awards to assist highly qualified minorities and
women to acquire the doctoral degree, or highest possible
degree available, in academic areas in which such individuals
are underrepresented for the purpose of enabling such
individuals to enter the higher education
professoriate.</DELETED>
<DELETED> ``(2) Designation.--Each recipient of a fellowship
award from an eligible institution receiving a grant under this
section shall be known as a `Patsy T. Mink Graduate
Fellow'.</DELETED>
<DELETED> ``(b) Definitions.--In this section, the term `eligible
institution' means an institution of higher education, or a consortium
of such institutions, that offers a program of postbaccalaureate study
leading to a graduate degree.</DELETED>
<DELETED> ``(c) Program Authorized.--</DELETED>
<DELETED> ``(1) Grants by secretary.--</DELETED>
<DELETED> ``(A) In general.--The Secretary shall
award grants to eligible institutions to enable such
institutions to make fellowship awards to individuals
in accordance with the provisions of this
section.</DELETED>
<DELETED> ``(B) Priority consideration.--In awarding
grants under this section, the Secretary shall consider
the eligible institution's prior experience in
producing doctoral degree, or highest possible degree
available, holders who are minorities and women, and
shall give priority consideration in making grants
under this section to those eligible institutions with
a demonstrated record of producing minorities and women
who have earned such degrees.</DELETED>
<DELETED> ``(2) Applications.--</DELETED>
<DELETED> ``(A) In general.--An eligible institution
that desires a grant under this section shall submit an
application to the Secretary at such time, in such
manner, and containing such information as the
Secretary may require.</DELETED>
<DELETED> ``(B) Applications made on behalf.--
</DELETED>
<DELETED> ``(i) In general.--The following
entities may submit an application on behalf of
an eligible institution:</DELETED>
<DELETED> ``(I) A graduate school or
department of such
institution.</DELETED>
<DELETED> ``(II) A graduate school
or department of such institution in
collaboration with an undergraduate
college or university of such
institution.</DELETED>
<DELETED> ``(III) An organizational
unit within such institution that
offers a program of postbaccalaureate
study leading to a graduate degree,
including an interdisciplinary or an
interdepartmental program.</DELETED>
<DELETED> ``(IV) A nonprofit
organization with a demonstrated record
of helping minorities and women earn
postbaccalaureate degrees.</DELETED>
<DELETED> ``(ii) Nonprofit organizations.--
Nothing in this paragraph shall be construed to
permit the Secretary to award a grant under
this section to an entity other than an
eligible institution.</DELETED>
<DELETED> ``(3) Selection of applications.--In awarding
grants under subsection (a), the Secretary shall--</DELETED>
<DELETED> ``(A) take into account--</DELETED>
<DELETED> ``(i) the number and distribution
of minority and female faculty
nationally;</DELETED>
<DELETED> ``(ii) the current and projected
need for highly trained individuals in all
areas of the higher education professoriate;
and</DELETED>
<DELETED> ``(iii) the present and projected
need for highly trained individuals in academic
career fields in which minorities and women are
underrepresented in the higher education
professoriate; and</DELETED>
<DELETED> ``(B) consider the need to prepare a large
number of minorities and women generally in academic
career fields of high national priority, especially in
areas in which such individuals are traditionally
underrepresented in college and university faculties,
such as mathematics, science, technology, and
engineering.</DELETED>
<DELETED> ``(4) Distribution and amounts of grants.--
</DELETED>
<DELETED> ``(A) Equitable distribution.--In awarding
grants under this section, the Secretary shall, to the
maximum extent feasible, ensure an equitable geographic
distribution of awards and an equitable distribution
among public and independent eligible institutions that
apply for grants under this section and that
demonstrate an ability to achieve the purpose of this
section.</DELETED>
<DELETED> ``(B) Special rule.--To the maximum extent
practicable, the Secretary shall use not less than 30
percent of the amount appropriated pursuant to
subsection (f) to award grants to eligible institutions
that--</DELETED>
<DELETED> ``(i) are eligible for assistance
under title III or title V; or</DELETED>
<DELETED> ``(ii) have formed a consortium
that includes both non-minority serving
institutions and minority serving
institutions.</DELETED>
<DELETED> ``(C) Allocation.--In awarding grants
under this section, the Secretary shall allocate
appropriate funds to those eligible institutions whose
applications indicate an ability to significantly
increase the numbers of minorities and women entering
the higher education professoriate and that commit
institutional resources to the attainment of the
purpose of this section.</DELETED>
<DELETED> ``(D) Number of fellowship awards.--An
eligible institution that receives a grant under this
section shall make not less than 15 fellowship
awards.</DELETED>
<DELETED> ``(E) Reallotment.--If the Secretary
determines that an eligible institution awarded a grant
under this section is unable to use all of the grant
funds awarded to the institution, the Secretary shall
reallot, on such date during each fiscal year as the
Secretary may fix, the unused funds to other eligible
institutions that demonstrate that such institutions
can use any reallocated grant funds to make fellowship
awards to individuals under this section.</DELETED>
<DELETED> ``(5) Institutional allowance.--</DELETED>
<DELETED> ``(A) In general.--</DELETED>
<DELETED> ``(i) Number of allowances.--In
awarding grants under this section, the
Secretary shall pay to each eligible
institution awarded a grant, for each
individual awarded a fellowship by such
institution under this section, an
institutional allowance.</DELETED>
<DELETED> ``(ii) Amount.--Except as provided
in paragraph (3), an institutional allowance
shall be in an amount equal to, for academic
year 2006-2007 and succeeding academic years,
the amount of institutional allowance made to
an institution of higher education under
section 715 for such academic year.</DELETED>
<DELETED> ``(B) Use of funds.--Institutional
allowances may be expended in the discretion of the
eligible institution and may be used to provide, except
as prohibited under paragraph (4), academic support and
career transition services for individuals awarded
fellowships by such institution.</DELETED>
<DELETED> ``(C) Reduction.--The institutional
allowance paid under paragraph (1) shall be reduced by
the amount the eligible institution charges and
collects from a fellowship recipient for tuition and
other expenses as part of the recipient's instructional
program.</DELETED>
<DELETED> ``(D) Use for overhead prohibited.--Funds
made available under this section may not be used for
general operational overhead of the academic department
or institution receiving funds under this
section.</DELETED>
<DELETED> ``(d) Fellowship Recipients.--</DELETED>
<DELETED> ``(1) Authorization.--An eligible institution that
receives a grant under this section shall use the grant funds
to make fellowship awards to minorities and women who are
enrolled at such institution in a doctoral degree, or highest
possible degree available, program and--</DELETED>
<DELETED> ``(A) intend to pursue a career in
instruction at--</DELETED>
<DELETED> ``(i) an institution of higher
education (as the term is defined in section
101);</DELETED>
<DELETED> ``(ii) an institution of higher
education (as the term is defined in section
102(a)(1));</DELETED>
<DELETED> ``(iii) an institution of higher
education outside the United States (as the
term is described in section 102(a)(2));
or</DELETED>
<DELETED> ``(iv) a proprietary institution
of higher education (as the term is defined in
section 102(b)); and</DELETED>
<DELETED> ``(B) sign an agreement with the Secretary
agreeing--</DELETED>
<DELETED> ``(i) to begin employment at an
institution described in paragraph (1) not
later than 3 years after receiving the doctoral
degree or highest possible degree available,
which 3-year period may be extended by the
Secretary for extraordinary circumstances;
and</DELETED>
<DELETED> ``(ii) to be employed by such
institution for 1 year for each year of
fellowship assistance received under this
section.</DELETED>
<DELETED> ``(2) Failure to comply.--If an individual who
receives a fellowship award under this section fails to comply
with the agreement signed pursuant to subsection (a)(2), then
the Secretary shall do 1 or both of the following:</DELETED>
<DELETED> ``(A) Require the individual to repay all
or the applicable portion of the total fellowship
amount awarded to the individual by converting the
balance due to a loan at the interest rate applicable
to loans made under part B of title IV.</DELETED>
<DELETED> ``(B) Impose a fine or penalty in an
amount to be determined by the Secretary.</DELETED>
<DELETED> ``(3) Waiver and modification.--</DELETED>
<DELETED> ``(A) Regulations.--The Secretary shall
promulgate regulations setting forth criteria to be
considered in granting a waiver for the service
requirement under subsection (a)(2).</DELETED>
<DELETED> ``(B) Content.--The criteria under
paragraph (1) shall include whether compliance with the
service requirement by the fellowship recipient would
be--</DELETED>
<DELETED> ``(i) inequitable and represent an
extraordinary hardship; or</DELETED>
<DELETED> ``(ii) deemed impossible because
the individual is permanently and totally
disabled at the time of the waiver
request.</DELETED>
<DELETED> ``(4) Amount of fellowship awards.--Fellowship
awards under this section shall consist of a stipend in an
amount equal to the level of support provided to the National
Science Foundation graduate fellows, except that such stipend
shall be adjusted as necessary so as not to exceed the fellow's
tuition and fees or demonstrated need (as determined by the
institution of higher education where the graduate student is
enrolled), whichever is greater.</DELETED>
<DELETED> ``(5) Academic progress required.--An individual
student shall not be eligible to receive a fellowship award--
</DELETED>
<DELETED> ``(A) except during periods in which such
student is enrolled, and such student is maintaining
satisfactory academic progress in, and devoting
essentially full time to, study or research in the
pursuit of the degree for which the fellowship support
was awarded; and</DELETED>
<DELETED> ``(B) if the student is engaged in gainful
employment, other than part-time employment in
teaching, research, or similar activity determined by
the eligible institution to be consistent with and
supportive of the student's progress toward the
appropriate degree.</DELETED>
<DELETED> ``(e) Rule of Construction.--Nothing in this section shall
be construed to require an eligible institution that receives a grant
under this section--</DELETED>
<DELETED> ``(1) to grant a preference or to differentially
treat any applicant for a faculty position as a result of the
institution's participation in the program under this section;
or</DELETED>
<DELETED> ``(2) to hire a Patsy T. Mink Fellow who completes
this program and seeks employment at such
institution.</DELETED>
<DELETED> ``(f) Authorization of Appropriations.--There is
authorized to be appropriated to carry out this section such sums as
may be necessary for fiscal year 2006 for each of the 5 succeeding
fiscal years.</DELETED>
<DELETED>``PART H--STUDY ON COLLEGE ENROLLMENT BY SECONDARY
SCHOOLS</DELETED>
<DELETED>``SEC. 1. STUDY ON COLLEGE ENROLLMENT BY SECONDARY
SCHOOLS.</DELETED>
<DELETED> ``The Secretary shall contract with a not-for-profit
organization, with demonstrated expertise in increasing college
enrollment rates in low-income communities nationwide, to make publicly
available year-to-year college enrollment rate trends by secondary
schools, in full compliance with the Family Educational Rights and
Privacy Act of 1974 (FERPA).''.</DELETED>
<DELETED>TITLE IX--AMENDMENTS TO OTHER LAWS</DELETED>
<DELETED>PART A--EDUCATION OF THE DEAF ACT OF 1986</DELETED>
<DELETED>SEC. 901. LAURENT CLERC NATIONAL DEAF EDUCATION
CENTER.</DELETED>
<DELETED> Section 104 of the Education of the Deaf Act of 1986 (20
U.S.C. 4304) is amended--</DELETED>
<DELETED> (1) by striking the heading and inserting
``laurent clerc national deaf education center'';</DELETED>
<DELETED> (2) in subsection (a)(1)(A), by inserting ``the
Laurent Clerc National Deaf Education Center (referred to in
this section as the `Clerc Center') to carry out'' after
``maintain and operate''; and</DELETED>
<DELETED> (3) in subsection (b)--</DELETED>
<DELETED> (A) in the matter preceding subparagraph
(A) of paragraph (1), by striking ``elementary and
secondary education programs'' and inserting ``Clerc
Center'';</DELETED>
<DELETED> (B) in paragraph (2), by striking
``elementary and secondary education programs'' and
inserting ``Clerc Center''; and</DELETED>
<DELETED> (C) by adding at the end the
following:</DELETED>
<DELETED> ``(5) The University, for purposes of the elementary and
secondary education programs carried out at the Clerc Center, shall--
</DELETED>
<DELETED> ``(A)(i) select challenging academic content
standards, challenging student academic achievement standards,
and academic assessments of a State, adopted and implemented,
as appropriate, pursuant to paragraphs (1) and (3) of section
1111(b) of the Elementary and Secondary Education Act of 1965
(20 U.S.C. 6311(b)(1) and (3)) and approved by the Secretary;
and</DELETED>
<DELETED> ``(ii) implement such standards and assessments
for such programs by not later than the beginning of the 2008-
2009 academic year;</DELETED>
<DELETED> ``(B) annually determine whether such programs at
the Clerc Center are making adequate yearly progress, as
determined according to the definition of adequate yearly
progress defined (pursuant to section 1111(b)(2)(C) of such Act
(20 U.S.C. 6311(b)(2)(C))) by the State that has adopted and
implemented the standards and assessments selected under
subparagraph (A)(i); and</DELETED>
<DELETED> ``(C) publicly report the results of the academic
assessments implemented under subparagraph (A) and whether the
programs at the Clerc Center are making adequate yearly
progress, as determined under subparagraph (B).''.</DELETED>
<DELETED>SEC. 902. AGREEMENT WITH GALLAUDET UNIVERSITY.</DELETED>
<DELETED> Section 105(b)(4) of the Education of the Deaf Act of 1986
(20 U.S.C. 4305(b)(4)) is amended--</DELETED>
<DELETED> (1) by striking ``the Act of March 3, 1931 (40
U.S.C. 276a--276a-5) commonly referred to as the Davis-Bacon
Act'' and inserting ``subchapter IV of chapter 31 of title 40,
United States Code, commonly referred to as the Davis-Bacon
Act''; and</DELETED>
<DELETED> (2) by striking ``section 2 of the Act of June 13,
1934 (40 U.S.C. 276c)'' and inserting ``section 3145 of title
40, United States Code''.</DELETED>
<DELETED>SEC. 903. AGREEMENT FOR THE NATIONAL TECHNICAL INSTITUTE FOR
THE DEAF.</DELETED>
<DELETED> Section 112 of the Education of the Deaf Act of 1986 (20
U.S.C. 4332) is amended--</DELETED>
<DELETED> (1) in subsection (a)--</DELETED>
<DELETED> (A) in paragraph (1)--</DELETED>
<DELETED> (i) in the first sentence--
</DELETED>
<DELETED> (I) by striking ``an
institution of higher education'' and
inserting ``the Rochester Institute of
Technology, Rochester, New York'';
and</DELETED>
<DELETED> (II) by striking ``of a''
and inserting ``of the''; and</DELETED>
<DELETED> (ii) by striking the second
sentence;</DELETED>
<DELETED> (B) by redesignating paragraph (2) as
paragraph (3); and</DELETED>
<DELETED> (C) by inserting after paragraph (1) the
following:</DELETED>
<DELETED> ``(2) Notwithstanding the requirement under
paragraph (1), if the Secretary or the Rochester Institute of
Technology terminates the agreement under paragraph (1), the
Secretary shall consider proposals from other institutions of
higher education and enter into an agreement with 1 of such
institutions for the establishment and operation of a National
Technical Institution for the Deaf.''; and</DELETED>
<DELETED> (2) in subsection (b)--</DELETED>
<DELETED> (A) in paragraph (3), by striking
``Committee on Education and Labor of the House of
Representatives and to the Committee on Labor and Human
Resources of the Senate'' and inserting ``Committee on
Education and the Workforce of the House of
Representatives and to the Committee on Health,
Education, Labor, and Pensions of the Senate'';
and</DELETED>
<DELETED> (B) in paragraph (5)--</DELETED>
<DELETED> (i) by striking ``the Act of March
3, 1931 (40 U.S.C. 276a--276a-5) commonly
referred to as the Davis-Bacon Act'' and
inserting ``subchapter IV of chapter 31 of
title 40, United States Code, commonly referred
to as the Davis-Bacon Act''; and</DELETED>
<DELETED> (ii) by striking ``section 2 of
the Act of June 13, 1934 (40 U.S.C. 276c)'' and
inserting ``section 3145 of title 40, United
States Code''.</DELETED>
<DELETED>SEC. 904. CULTURAL EXPERIENCES GRANTS.</DELETED>
<DELETED> (a) Cultural Experiences Grants.--Title I of the Education
of the Deaf Act of 1986 (20 U.S.C. 4301 et seq.) is amended by adding
at the end the following:</DELETED>
<DELETED>``PART C--OTHER PROGRAMS</DELETED>
<DELETED>``SEC. 121. CULTURAL EXPERIENCES GRANTS.</DELETED>
<DELETED> ``(a) In General.--The Secretary shall, on a competitive
basis, make grants to, and enter into contracts and cooperative
agreements with, eligible entities to support the activities described
in subsection (b).</DELETED>
<DELETED> ``(b) Activities.--In carrying out this section, the
Secretary shall support activities providing cultural experiences,
through appropriate nonprofit organizations with a demonstrated
proficiency in providing such activities, that--</DELETED>
<DELETED> ``(1) enrich the lives of deaf and hard-of-hearing
children and adults;</DELETED>
<DELETED> ``(2) increase public awareness and understanding
of deafness and of the artistic and intellectual achievements
of deaf and hard-of-hearing persons; or</DELETED>
<DELETED> ``(3) promote the integration of hearing, deaf,
and hard-of-hearing persons through shared cultural,
educational, and social experiences.</DELETED>
<DELETED> ``(c) Applications.--An eligible entity that desires to
receive a grant, or enter into a contract or cooperative agreement,
under this section shall submit an application to the Secretary at such
time, in such manner, and containing such information as the Secretary
may require.</DELETED>
<DELETED> ``(d) Authorization of Appropriations.--There are
authorized to be appropriated to carry out this section such sums as
may be necessary for fiscal year 2006 and each of the 5 succeeding
fiscal years.''.</DELETED>
<DELETED> (b) Conforming Amendment.--The title heading of title I of
the Education of the Deaf Act of 1986 (20 U.S.C. 4301 et seq.) is
amended by adding at the end ``; OTHER PROGRAMS''.</DELETED>
<DELETED>SEC. 905. AUDIT.</DELETED>
<DELETED> Section 203 of the Education of the Deaf Act of 1986 (20
U.S.C. 4353) is amended--</DELETED>
<DELETED> (1) in subsection (b)--</DELETED>
<DELETED> (A) in paragraph (1), by striking the
second sentence and inserting the following: ``The
institution of higher education that the Secretary has
an agreement with under section 112 shall have an
annual independent financial and compliance audit made
of NTID programs and activities. The audit shall follow
the cycle of the Federal fiscal year.'';</DELETED>
<DELETED> (B) in paragraph (2), by striking
``sections'' and all that follows through the period
and inserting ``sections 102(b), 105(b)(4), 112(b)(5),
203(c), 207(b)(2), subsections (c) through (f) of
section 207, and subsections (b) and (c) of section
209.''; and</DELETED>
<DELETED> (C) in paragraph (3), by inserting ``and
the Committee on Education and the Workforce of the
House of Representatives and the Committee on Health,
Education, Labor, and Pensions of the Senate'' after
``Secretary''; and</DELETED>
<DELETED> (2) in subsection (c)(2)(A), by striking
``Committee on Education and Labor of the House of
Representatives and the Committee on Labor and Human Resources
of the Senate'' and inserting ``Committee on Education and the
Workforce of the House of Representatives and the Committee on
Health, Education, Labor, and Pensions of the
Senate''.</DELETED>
<DELETED>SEC. 906. REPORTS.</DELETED>
<DELETED> Section 204 of the Education of the Deaf Act of 1986 (20
U.S.C. 4354) is amended--</DELETED>
<DELETED> (1) in the matter preceding paragraph (1), by
striking ``Committee on Education and Labor of the House of
Representatives and the Committee on Labor and Human Resources
of the Senate'' and inserting ``Committee on Education and the
Workforce of the House of Representatives and the Committee on
Health, Education, Labor, and Pensions of the
Senate'';</DELETED>
<DELETED> (2) in paragraph (1), by striking
``preparatory,'';</DELETED>
<DELETED> (3) in paragraph (2)(C), by striking ``upon
graduation/completion'' and inserting ``on the date that is 1
year after the date of graduation or completion'';
and</DELETED>
<DELETED> (4) in paragraph (3)(B), by striking ``of the
institution of higher education'' and all that follows through
the period and inserting ``of NTID programs and
activities.''.</DELETED>
<DELETED>SEC. 907. MONITORING, EVALUATION, AND REPORTING.</DELETED>
<DELETED> Section 205 of the Education of the Deaf Act of 1986 (20
U.S.C. 4355) is amended--</DELETED>
<DELETED> (1) in subsection (b), by striking ``The
Secretary, as part of the annual report required under section
426 of the Department of Education Organization Act, shall
include a description of'' and inserting ``The Secretary shall
annually transmit information to Congress on''; and</DELETED>
<DELETED> (2) in subsection (c), by striking ``fiscal years
1998 through 2003'' and inserting ``fiscal years 2006 through
2010''.</DELETED>
<DELETED>SEC. 908. LIAISON FOR EDUCATIONAL PROGRAMS.</DELETED>
<DELETED> Section 206(a) of the Education of the Deaf Act of 1986
(20 U.S.C. 4356(a)) is amended by striking ``Not later than 30 days
after the date of enactment of this Act, the'' and inserting
``The''.</DELETED>
<DELETED>SEC. 909. FEDERAL ENDOWMENT PROGRAMS FOR GALLAUDET UNIVERSITY
AND THE NATIONAL TECHNICAL INSTITUTE FOR THE
DEAF.</DELETED>
<DELETED> Section 207(h) of the Education of the Deaf Act of 1986
(20 U.S.C. 4357(h)) is amended by striking ``fiscal years 1998 through
2003'' each place it appears and inserting ``fiscal years 2006 through
2010''.</DELETED>
<DELETED>SEC. 910. OVERSIGHT AND EFFECT OF AGREEMENTS.</DELETED>
<DELETED> Section 208(a) of the Education of the Deaf Act of 1986
(20 U.S.C. 4359(a)) is amended by striking ``Committee on Labor and
Human Resources of the Senate and the Committee on Education and the
Workforce of the House of Representatives'' and inserting ``Committee
on Education and the Workforce of the House of Representatives and the
Committee on Health, Education, Labor, and Pensions of the
Senate''.</DELETED>
<DELETED>SEC. 911. INTERNATIONAL STUDENTS.</DELETED>
<DELETED> Section 209 of the Education of the Deaf Act of 1986 (20
U.S.C. 4359a) is amended--</DELETED>
<DELETED> (1) in subsection (a)--</DELETED>
<DELETED> (A) by striking ``preparatory,
undergraduate,'' and inserting
``undergraduate'';</DELETED>
<DELETED> (B) by striking ``Effective with'' and
inserting the following:</DELETED>
<DELETED> ``(1) In general.--Except as provided in paragraph
(2), effective with''; and</DELETED>
<DELETED> (C) by adding at the end the
following:</DELETED>
<DELETED> ``(2) Distance learning.--International students
who participate in distance learning courses that are at NTID
or the University and who are residing outside of the United
States shall--</DELETED>
<DELETED> ``(A) not be counted as international
students for purposes of the cap on international
students under paragraph (1), except that in any school
year no United States citizen who applies to
participate in distance learning courses that are at
the University or NTID shall be denied participation in
such courses because of the participation of an
international student in such courses; and</DELETED>
<DELETED> ``(B) not be charged a tuition surcharge,
as described in subsection (b).''; and</DELETED>
<DELETED> (2) by striking subsections (b), (c), and (d), and
inserting the following:</DELETED>
<DELETED> ``(b) Tuition Surcharge.--Except as provided in
subsections (a)(2)(B) and (c), the tuition for postsecondary
international students enrolled in the University (including
undergraduate and graduate students) or NTID shall include, for
academic year 2007-2008 and any succeeding academic year, a surcharge
of--</DELETED>
<DELETED> ``(1) 100 percent for a postsecondary
international student from a non-developing country;
and</DELETED>
<DELETED> ``(2) 50 percent for a postsecondary international
student from a developing country.</DELETED>
<DELETED> ``(c) Reduction of Surcharge.--</DELETED>
<DELETED> ``(1) In general.--Beginning with the academic
year 2007-2008, the University or NTID may reduce the
surcharge--</DELETED>
<DELETED> ``(A) under subsection (b)(1) to 50
percent if--</DELETED>
<DELETED> ``(i) a student described under
subsection (b)(1) demonstrates need;
and</DELETED>
<DELETED> ``(ii) such student has made a
good faith effort to secure aid through such
student's government or other sources;
and</DELETED>
<DELETED> ``(B) under subsection (b)(2) to 25
percent if--</DELETED>
<DELETED> ``(i) a student described under
subsection (b)(2) demonstrates need;
and</DELETED>
<DELETED> ``(ii) such student has made a
good faith effort to secure aid through such
student's government or other
sources.</DELETED>
<DELETED> ``(2) Development of sliding scale.--The
University and NTID shall develop a sliding scale model that--
</DELETED>
<DELETED> ``(A) will be used to determine the amount
of a tuition surcharge reduction pursuant to paragraph
(1); and</DELETED>
<DELETED> ``(B) shall be approved by the
Secretary.</DELETED>
<DELETED> ``(d) Definition.--In this section, the term `developing
country' means a country with a per-capita income of not more than
$4,825, measured in 1999 United States dollars, as adjusted by the
Secretary to reflect inflation since 1999.''.</DELETED>
<DELETED>SEC. 912. RESEARCH PRIORITIES.</DELETED>
<DELETED> Section 210(b) of the Education of the Deaf Act of 1986
(20 U.S.C. 4359b(b)) is amended by striking ``Committee on Labor and
Human Resources of the Senate'' and inserting ``Committee on Health,
Education, Labor, and Pensions of the Senate''.</DELETED>
<DELETED>SEC. 913. AUTHORIZATION OF APPROPRIATIONS.</DELETED>
<DELETED> Section 212 of the Education of the Deaf Act of 1986 (20
U.S.C. 4360a) is amended--</DELETED>
<DELETED> (1) in subsection (a), in the matter preceding
paragraph (1), by striking ``fiscal years 1998 through 2003''
and inserting ``fiscal years 2006 through 2011''; and</DELETED>
<DELETED> (2) in subsection (b), by striking ``fiscal years
1998 through 2003'' and inserting ``fiscal years 2006 through
2011''.</DELETED>
<DELETED>PART B--UNITED STATES INSTITUTE OF PEACE ACT</DELETED>
<DELETED>SEC. 921. UNITED STATES INSTITUTE OF PEACE ACT.</DELETED>
<DELETED> (a) Powers and Duties.--Section 1705(b)(3) of the United
States Institute of Peace Act (22 U.S.C. 4604(b)(3)) is amended by
striking ``the Arms Control and Disarmament Agency,''.</DELETED>
<DELETED> (b) Board of Directors.--Section 1706 of the United States
Institute of Peace Act (22 U.S.C. 4605) is amended--</DELETED>
<DELETED> (1) by striking ``(b)(5)'' each place the term
appears and inserting ``(b)(4)''; and</DELETED>
<DELETED> (2) in subsection (e), by adding at the end the
following:</DELETED>
<DELETED> ``(5) The term of a member of the Board shall not
commence until the member is confirmed by the Senate and sworn
in as a member of the Board.''.</DELETED>
<DELETED> (c) Funding.--Section 1710 of the United States Institute
of Peace Act (22 U.S.C. 4609) is amended by adding at the end the
following:</DELETED>
<DELETED> ``(d) Extension.--Any authorization of appropriations made
for the purposes of carrying out this title shall be extended in the
same manner as applicable programs are extended under section 422 of
the General Education Provisions Act.''.</DELETED>
<DELETED>PART C--THE HIGHER EDUCATION AMENDMENTS OF 1998</DELETED>
<DELETED>SEC. 931. REPEALS.</DELETED>
<DELETED> The following provisions of title VIII of the Higher
Education Amendments of 1998 (Public Law 105-244) are
repealed:</DELETED>
<DELETED> (1) Part A.</DELETED>
<DELETED> (2) Part C (20 U.S.C. 1070 note).</DELETED>
<DELETED> (3) Part F (20 U.S.C. 1862 note).</DELETED>
<DELETED> (4) Part J.</DELETED>
<DELETED> (5) Section 861.</DELETED>
<DELETED> (6) Section 863.</DELETED>
<DELETED>SEC. 932. GRANTS TO STATES FOR WORKPLACE AND COMMUNITY
TRANSITION TRAINING FOR INCARCERATED YOUTH
OFFENDERS.</DELETED>
<DELETED> Section 821(b) of the Higher Education Amendment of 1988
is amended by striking ``25'' and inserting ``35''.</DELETED>
<DELETED>PART D--INDIAN EDUCATION</DELETED>
<DELETED>Subpart 1--Tribal Colleges and Universities</DELETED>
<DELETED>SEC. 941. TRIBALLY CONTROLLED COLLEGE AND UNIVERSITY
ASSISTANCE.</DELETED>
<DELETED> (a) Clarification of the Definition of National Indian
Organization.--Section 2(a)(6) of the Tribally Controlled College or
University Assistance Act of 1978 (25 U.S.C. 1801(a)(6)) is amended by
striking ``in the field of Indian education'' and inserting ``in the
fields of tribally controlled colleges and universities and Indian
higher education''.</DELETED>
<DELETED> (b) Indian Student Count.--Section 2(a) of the Tribally
Controlled College or University Assistance Act (25 U.S.C. 1801(a)) is
amended--</DELETED>
<DELETED> (1) by redesignating paragraphs (7) and (8) as
paragraphs (8) and (9), respectively; and</DELETED>
<DELETED> (2) by inserting after paragraph (6) the
following:</DELETED>
<DELETED> ``(7) `Indian student' means a student who is--
</DELETED>
<DELETED> ``(A) a member of an Indian tribe;
or</DELETED>
<DELETED> ``(B) a biological child of a member of an
Indian tribe, living or deceased;''.</DELETED>
<DELETED> (c) Continuing Education.--Section 2(b) of the Tribally
Controlled College or University Assistance Act (25 U.S.C. 1801(b)) is
amended by striking paragraph (5) and inserting the
following:</DELETED>
<DELETED> ``(5) Determination of credits.--Eligible credits
earned in a continuing education program--</DELETED>
<DELETED> ``(A) shall be determined as 1 credit for
every 10 contact hours in the case of an institution on
a quarter system, or 15 contact hours in the case of an
institution on a semester system, of participation in
an organized continuing education experience under
responsible sponsorship, capable direction, and
qualified instruction, as described in the criteria
established by the International Association for
Continuing Education and Training; and</DELETED>
<DELETED> ``(B) shall be limited to 10 percent of
the Indian student count of a tribally controlled
college or university.''.</DELETED>
<DELETED> (d) Accreditation Requirement.--Section 103 of the
Tribally Controlled College or University Assistance Act (25 U.S.C.
1804) is amended--</DELETED>
<DELETED> (1) in paragraph (2), by striking ``and'' at the
end;</DELETED>
<DELETED> (2) in paragraph (3), by striking the period at
the end and inserting ``; and''; and</DELETED>
<DELETED> (3) by inserting after paragraph (3), the
following:</DELETED>
<DELETED> ``(4)(A) is accredited by a nationally recognized
accrediting agency or association determined by the Secretary
of Education to be a reliable authority with regard to the
quality of training offered; or</DELETED>
<DELETED> ``(B) is, according to such an agency or
association, making reasonable progress toward
accreditation.''.</DELETED>
<DELETED> (e) Technical Assistance Contract Awards.--Section 105 of
the Tribally Controlled College or University Assistance Act (25 U.S.C.
1805) is amended in the second sentence by striking ``In the awarding
of contracts for technical assistance, preference shall be given'' and
inserting ``The Secretary shall direct that contracts for technical
assistance be awarded''.</DELETED>
<DELETED> (f) Title I Reauthorization.--Section 110(a) of the
Tribally Controlled College or University Assistance Act of 1978 (25
U.S.C. 1810(a)) is amended--</DELETED>
<DELETED> (1) in paragraphs (1), (2), (3), and (4), by
striking ``1999'' and inserting ``2006'';</DELETED>
<DELETED> (2) in paragraphs (1), (2), and (3), by striking
``4 succeeding'' and inserting ``5 succeeding'';</DELETED>
<DELETED> (3) in paragraph (2), by striking ``$40,000,000''
and inserting ``such sums as may be necessary'';</DELETED>
<DELETED> (4) in paragraph (3), by striking ``$10,000,000''
and inserting ``such sums as may be necessary''; and</DELETED>
<DELETED> (5) in paragraph (4), by striking ``succeeding 4''
and inserting ``5 succeeding''.</DELETED>
<DELETED> (g) Title III Reauthorization.--Section 306(a) of the
Tribally Controlled College or University Assistance Act of 1978 (25
U.S.C. 1836(a)) is amended--</DELETED>
<DELETED> (1) by striking ``1999'' and inserting ``2006'';
and</DELETED>
<DELETED> (2) by striking ``4 succeeding'' and inserting ``5
succeeding''.</DELETED>
<DELETED> (h) Title IV Reauthorization.--Section 403 of the Tribal
Economic Development and Technology Related Education Assistance Act of
1990 (25 U.S.C. 1852) is amended--</DELETED>
<DELETED> (1) by striking ``$2,000,000 for fiscal year
1999'' and inserting ``such sums as may be necessary for fiscal
year 2006''; and</DELETED>
<DELETED> (2) by striking ``4 succeeding'' and inserting ``5
succeeding''.</DELETED>
<DELETED>Subpart 2--Navajo Higher Education</DELETED>
<DELETED>SEC. 945. SHORT TITLE.</DELETED>
<DELETED> This subpart may be cited as the ``Navajo Nation Higher
Education Act of 2005''.</DELETED>
<DELETED>SEC. 946. REAUTHORIZATION OF THE NAVAJO COMMUNITY COLLEGE
ACT.</DELETED>
<DELETED> Section 5(a)(1) of the Navajo Community College Act (25
U.S.C. 640c-1(a)(1)) is amended by striking ``$2,000,000'' and all that
follows through ``years'' and inserting ``such sums as may be necessary
for fiscal year 2006 and each of the 5 succeeding fiscal
years''.</DELETED>
<DELETED>TITLE X--RECONCILIATION</DELETED>
<DELETED>SEC. 1001. PROVISIONAL GRANT ASSISTANCE PROGRAM.</DELETED>
<DELETED> (a) Amendment.--Subpart 1 of part A of title IV of the
Higher Education Act of 1965 (20 U.S.C. 1070a) is amended by adding at
the end the following:</DELETED>
<DELETED>``SEC. 401A. PROVISIONAL GRANT ASSISTANCE PROGRAM.</DELETED>
<DELETED> ``(a) Grants.--</DELETED>
<DELETED> ``(1) In general.--From amounts appropriated under
subsection (c) for a fiscal year and subject to subsection (b),
the Secretary shall award grants to students (which shall be
known as `ProGAP awards') in the same manner as the Secretary
awards grants to students under section 401, except that the
Secretary shall determine the amount of a grant under this
section for an academic year by--</DELETED>
<DELETED> ``(A) determining the total number of
students eligible for a grant under section 401 for the
academic year, and the amount that each of those
students are eligible to receive under section 401
calculated on the basis of the maximum grant level
specified in the appropriate Appropriation Act for
section 401 for the academic year;</DELETED>
<DELETED> ``(B) determining the amount each of those
students would receive under section 401 if the grant
award under section 401 were calculated on the basis of
the sum of the total amount appropriated to carry out
section 401 and the total amount appropriated to carry
out this section for the academic year; and</DELETED>
<DELETED> ``(C) awarding to each of those students
the amount by which the amount determined under
subparagraph (B) exceeds the amount determined under
subparagraph (A).</DELETED>
<DELETED> ``(2) Students with the greatest need.--The
Secretary shall ensure grants are awarded under this section to
students with the greatest need as determined under paragraph
(1).</DELETED>
<DELETED> ``(b) Cost of Attendance Limitation.--A grant awarded
under this section for an academic year shall be awarded in an amount
that does not exceed--</DELETED>
<DELETED> ``(1) the student's cost of attendance for the
academic year; less</DELETED>
<DELETED> ``(2) an amount equal to the expected family
contribution for that student for the academic year.</DELETED>
<DELETED> ``(c) Authorization and Appropriation of Funds.--There are
authorized to be appropriated, and there are appropriated, out of any
money in the Treasury not otherwise appropriated, for the Department of
Education to carry out this section and section 401B--</DELETED>
<DELETED> ``(1) $1,165,000,000 for fiscal year
2006;</DELETED>
<DELETED> ``(2) $1,171,000,000 for fiscal year
2007;</DELETED>
<DELETED> ``(3) $1,171,000,000 for fiscal year
2008;</DELETED>
<DELETED> ``(4) $1,172,000,000 for fiscal year 2009;
and</DELETED>
<DELETED> ``(5) $1,647,000,000 for fiscal year
2010.</DELETED>
<DELETED> ``(d) Sunset Provision.--This section shall be effective
with respect to amounts appropriated for fiscal year 2006 and each of
the 4 succeeding fiscal years.''.</DELETED>
<DELETED> (b) Sense of the Senate.--It is the sense of the Senate
that the amounts appropriated to carry out sections 401A and 401B of
the Higher Education Act of 1965 are the result of the savings
generated by the amendments made by this title.</DELETED>
<DELETED>SEC. 1002. NATIONAL SMART GRANTS.</DELETED>
<DELETED> Subpart 1 of part A of title IV of the Higher Education
Act of 1965 (20 U.S.C. 1070a) is further amended by adding after
section 401A (as added by section 1001):</DELETED>
<DELETED>``SEC. 401B. NATIONAL SMART GRANTS.</DELETED>
<DELETED> ``(a) Grants Authorized.--From amounts appropriated under
section 401A(c) for a fiscal year, the Secretary shall award grants to
eligible students to assist the eligible students in paying their
college education expenses.</DELETED>
<DELETED> ``(b) Designation.--A grant under this section shall be
known as a `National Science and Mathematics Access to Retain Talent
Grant' or a `National SMART Grant'.</DELETED>
<DELETED> ``(c) Definition of Eligible Student.--In this section the
term `eligible student' means a student who, for the academic year for
which the determination is made--</DELETED>
<DELETED> ``(1) is eligible for a Federal Pell Grant;
and</DELETED>
<DELETED> ``(2) is in the student's 3rd or 4th year at an
institution of higher education majoring in--</DELETED>
<DELETED> ``(A) mathematics, science, technology, or
engineering (as determined by the Secretary pursuant to
regulations); or</DELETED>
<DELETED> ``(B) a foreign language that the
Secretary, in consultation with the Director of
National Intelligence, determines is critical to the
national security of the United States.</DELETED>
<DELETED> ``(d) Grant Amount.--The Secretary shall award a grant
under this section in an amount that does not exceed $1,500 for an
academic year.</DELETED>
<DELETED> ``(e) Funding Rule.--The Secretary shall use not more than
$200,000,000 of the funds appropriated under section 401A(c) for each
of the fiscal years 2006 through 2010 to carry out this
section.</DELETED>
<DELETED> ``(f) Unobligated Funds Available for Federal Grant
Assistance.--The Secretary shall make any funds made available under
subsection (e) for a fiscal year that remain unobligated at the end of
the fiscal year available to carry out section 401A.</DELETED>
<DELETED> ``(g) Matching Assistance.--An institution of higher
education may, from funds provided from private sources, provide
additional assistance to a student receiving a grant under this
section, except that the total assistance provided under this title to
a student shall not exceed the student's cost of
attendance.''.</DELETED>
<DELETED>SEC. 1003. LOAN LIMITS.</DELETED>
<DELETED> (a) Federal Insurance Limits.--Section 425(a)(1)(A) of the
Higher Education Act of 1965 (20 U.S.C. 1075(a)(1)(A)) is amended--
</DELETED>
<DELETED> (1) in clause (i)(I), by striking ``$2,625'' and
inserting ``$3,500''; and</DELETED>
<DELETED> (2) in clause (ii)(I), by striking ``$3,500'' and
inserting ``$4,500''.</DELETED>
<DELETED> (b) Guarantee Limits.--Section 428(b)(1)(A) of the Higher
Education Act of 1965 (20 U.S.C. 1078(b)(1)(A)) is amended--</DELETED>
<DELETED> (1) in clause (i)(I), by striking ``$2,625'' and
inserting ``$3,500''; and</DELETED>
<DELETED> (2) in clause (ii)(I), by striking ``$3,500'' and
inserting ``$4,500''.</DELETED>
<DELETED> (c) Federal Plus Loans.--Section 428B of the Higher
Education Act of 1965 (20 U.S.C. 1078-2) is amended--</DELETED>
<DELETED> (1) in subsection (a)(1)--</DELETED>
<DELETED> (A) in the matter preceding subparagraph
(A), by striking ``Parents'' and inserting ``A graduate
or professional student or the parents'';</DELETED>
<DELETED> (B) in subparagraph (A), by striking ``the
parents'' and inserting ``the graduate or professional
student or the parents''; and</DELETED>
<DELETED> (C) in subparagraph (B), by striking ``the
parents'' and inserting ``the graduate or professional
student or the parents'';</DELETED>
<DELETED> (2) in subsection (b), by striking ``any parent''
and inserting ``any graduate or professional student or any
parent'';</DELETED>
<DELETED> (3) in subsection (c)(2), by striking ``parent''
and inserting ``graduate or professional student or parent'';
and</DELETED>
<DELETED> (4) in subsection (d)(1), by striking ``the
parent'' and inserting ``the graduate or professional student
or the parent''.</DELETED>
<DELETED> (d) Unsubsidized Stafford Loans for Graduate or
Professional Students.--Section 428H(d)(2) of the Higher Education Act
of 1965 (20 U.S.C. 1078-8(d)(2)) is amended--</DELETED>
<DELETED> (1) in subparagraph (C), by striking ``$10,000''
and inserting ``$12,000''; and</DELETED>
<DELETED> (2) in subparagraph (D)--</DELETED>
<DELETED> (A) in clause (i), by striking ``$5,000''
and inserting ``$7,000''; and</DELETED>
<DELETED> (B) in clause (ii), by striking ``$5,000''
and inserting ``$7,000''.</DELETED>
<DELETED>SEC. 1004. PLUS LOAN INTEREST RATES AND ZERO SPECIAL ALLOWANCE
PAYMENT.</DELETED>
<DELETED> (a) PLUS Loans.--Section 427A(l)(2) of the Higher
Education Act of 1965 (20 U.S.C. 1077a(l)(2)) is amended by striking
``7.9 percent'' and inserting ``8.5 percent''.</DELETED>
<DELETED> (b) Conforming Amendments for Special Allowances.--
</DELETED>
<DELETED> (1) Amendments.--Subparagraph (I) of section
438(b)(2) of the Higher Education Act of 1965 (20 U.S.C. 1087-
1(b)(2)) is amended--</DELETED>
<DELETED> (A) in clause (iii), by striking ``,
subject to clause (v) of this subparagraph'';</DELETED>
<DELETED> (B) in clause (iv), by striking ``,
subject to clause (vi) of this subparagraph'';
and</DELETED>
<DELETED> (C) by striking clauses (v), (vi), and
(vii) and inserting the following:</DELETED>
<DELETED> ``(v) Recapture of excess
interest.--</DELETED>
<DELETED> ``(I) Excess credited.--
With respect to a loan on which the
applicable interest rate is determined
under section 427A(l) and for which the
first disbursement of principal is made
on or after April 1, 2006, if the
applicable interest rate for any 3-
month period exceeds the special
allowance support level applicable to
such loan under this subparagraph for
such period, then an adjustment shall
be made by calculating the excess
interest in the amount computed under
subclause (II) of this clause, and by
crediting the excess interest to the
Government not less often than
annually.</DELETED>
<DELETED> ``(II) Calculation of
excess.--The amount of any adjustment
of interest on a loan to be made under
this subsection for any quarter shall
be equal to--</DELETED>
<DELETED> ``(aa) the
applicable interest rate minus
the special allowance support
level determined under this
subparagraph; multiplied
by</DELETED>
<DELETED> ``(bb) the average
daily principal balance of the
loan (not including unearned
interest added to principal)
during such calendar quarter;
divided by</DELETED>
<DELETED> ``(cc)
four.</DELETED>
<DELETED> ``(III) Special allowance
support level.--For purposes of this
clause, the term `special allowance
support level' means, for any loan, a
number expressed as a percentage equal
to the sum of the rates determined
under subclauses (I) and (III) of
clause (i), and applying any
substitution rules applicable to such
loan under clauses (ii), (iii), and
(iv) in determining such
sum.''.</DELETED>
<DELETED> (2) Effective date.--The amendments made by this
subsection shall not apply with respect to any special
allowance payment made under section 438 of the Higher
Education Act of 1965 (20 U.S.C 1087-1) before April 1,
2006.</DELETED>
<DELETED>SEC. 1005. REDUCTION OF LENDER INSURANCE REIMBURSEMENT
RATES.</DELETED>
<DELETED> (a) Amendment.--Subparagraph (G) of section 428(b)(1) of
the Higher Education Act of 1965 (20 U.S.C. 1078(b)(1)) is amended to
read as follows:</DELETED>
<DELETED> ``(G) insures 97 percent of the unpaid
principal of loans insured under the
program;''.</DELETED>
<DELETED> (b) Effective Date.--The amendment made by subsection (a)
shall apply with respect to any loan made, insured, or guaranteed under
part B of title IV of the Higher Education Act of 1965 (20 U.S.C. 1071
et seq.) for which the first disbursement is made on or after January
1, 2006.</DELETED>
<DELETED>SEC. 1006. GUARANTY AGENCY ORIGINATION FEE.</DELETED>
<DELETED> (a) Amendment.--Section 428(b)(1)(H) of the Higher
Education Act of 1965 (20 U.S.C. 1078(b)(1)(H)) is amended to read as
follows:</DELETED>
<DELETED> ``(H) provides for the collection, and the
deposit in the Federal Fund established under section
422A(a), of a guaranty agency origination fee of 1.0
percent of each disbursement of the proceeds of the
loan, which fee may be provided from funds in the
guaranty agency's operating fund under section 422B or
from other non-Federal funds;''.</DELETED>
<DELETED> (b) Effective Date.--The amendment made by subsection (a)
shall be effective with respect to any loan guaranteed under part B of
title IV of the Higher Education Act of 1965 on or after April 1,
2006.</DELETED>
<DELETED>SEC. 1007. DEFERMENT OF STUDENT LOANS FOR MILITARY
SERVICE.</DELETED>
<DELETED> (a) Federal Family Education Loans.--Section 428(b)(1)(M)
of the Higher Education Act of 1965 (20 U.S.C. 1078(b)(1)(M)) is
amended--</DELETED>
<DELETED> (1) by striking ``or'' at the end of clause
(ii);</DELETED>
<DELETED> (2) by redesignating clause (iii) as clause (iv);
and</DELETED>
<DELETED> (3) by inserting after clause (ii) the following
new clause:</DELETED>
<DELETED> ``(iii) not in excess of 3 years
during which the borrower--</DELETED>
<DELETED> ``(I) is serving on active
duty during a war or other military
operation or national emergency;
or</DELETED>
<DELETED> ``(II) is performing
qualifying National Guard duty during a
war or other military operation or
national emergency; or''.</DELETED>
<DELETED> (b) Direct Loans.--Section 455(f)(2) of the Higher
Education Act of 1965 (20 U.S.C. 1087e(f)(2)) is amended--</DELETED>
<DELETED> (1) by redesignating subparagraph (C) as
subparagraph (D); and</DELETED>
<DELETED> (2) by inserting after subparagraph (B) the
following new subparagraph:</DELETED>
<DELETED> ``(C) not in excess of 3 years during
which the borrower--</DELETED>
<DELETED> ``(i) is serving on active duty
during a war or other military operation or
national emergency; or</DELETED>
<DELETED> ``(ii) is performing qualifying
National Guard duty during a war or other
military operation or national emergency;
or''.</DELETED>
<DELETED> (c) Perkins Loans.--Section 464(c)(2)(A) of the Higher
Education Act of 1965 (20 U.S.C. 1087dd(c)(2)(A)) is amended--
</DELETED>
<DELETED> (1) by redesignating clauses (iii) and (iv) as
clauses (iv) and (v), respectively; and</DELETED>
<DELETED> (2) by inserting after clause (ii) the following
new clause:</DELETED>
<DELETED> ``(iii) not in excess of 3 years
during which the borrower--</DELETED>
<DELETED> ``(I) is serving on active
duty during a war or other military
operation or national emergency;
or</DELETED>
<DELETED> ``(II) is performing
qualifying National Guard duty during a
war or other military operation or
national emergency;''.</DELETED>
<DELETED> (d) Definitions.--Section 481 of the Higher Education Act
of 1965 (20 U.S.C. 1088) is amended by adding at the end the following
new subsection:</DELETED>
<DELETED> ``(d) Definitions for Military Deferments.--For purposes
of parts B, D, and E of this title:</DELETED>
<DELETED> ``(1) Active duty.--The term `active duty' has the
meaning given such term in section 101(d)(1) of title 10,
United States Code, except that such term does not include
active duty for training or attendance at a service
school.</DELETED>
<DELETED> ``(2) Military operation.--The term `military
operation' means a contingency operation as such term is
defined in section 101(a)(13) of title 10, United States
Code.</DELETED>
<DELETED> ``(3) National emergency.--The term `national
emergency' means the national emergency by reason of certain
terrorist attacks declared by the President on September 14,
2001, or subsequent national emergencies declared by the
President by reason of terrorist attacks.</DELETED>
<DELETED> ``(4) Serving on active duty.--The term `serving
on active duty during a war or other military operation or
national emergency' means service by an individual who is--
</DELETED>
<DELETED> ``(A) a Reserve of an Armed Force ordered
to active duty under section 12301(a), 12301(g), 12302,
12304, or 12306 of title 10, United States Code, or any
retired member of an Armed Force ordered to active duty
under section 688 of such title, for service in
connection with a war or other military operation or
national emergency, regardless of the location at which
such active duty service is performed; and</DELETED>
<DELETED> ``(B) any other member of an Armed Force
on active duty in connection with such emergency or
subsequent actions or conditions who has been assigned
to a duty station at a location other than the location
at which such member is normally assigned.</DELETED>
<DELETED> ``(5) Qualifying national guard duty.--The term
`qualifying National Guard duty during a war or other military
operation or national emergency' means service as a member of
the National Guard on full-time National Guard duty (as defined
in section 101(d)(5) of title 10, United States Code) under a
call to active service authorized by the President or the
Secretary of Defense for a period of more than 30 consecutive
days under section 502(f) of title 32, United States Code, in
connection with a war, other military operation, or a national
emergency declared by the President and supported by Federal
funds.''.</DELETED>
<DELETED> (e) Rule of Construction.--Nothing in the amendments made
by this section shall be construed to authorize any refunding of any
repayment of a loan.</DELETED>
<DELETED> (f) Effective Date.--The amendments made by this section
shall apply with respect to loans for which the first disbursement is
made on or after July 1, 2001.</DELETED>
<DELETED>SEC. 1008. REHABILITATION THROUGH CONSOLIDATION.</DELETED>
<DELETED> Section 428(c) of the Higher Education Act of 1965 (20
U.S.C 1078(c)) is amended--</DELETED>
<DELETED> (1) in paragraph (2)(A)--</DELETED>
<DELETED> (A) by inserting ``(i)'' after
``including''; and</DELETED>
<DELETED> (B) by inserting before the semicolon at
the end the following: ``and (ii) requirements
establishing procedures to preclude consolidation
lending from being an excessive proportion of guaranty
agency recoveries on defaulted loans under this
part'';</DELETED>
<DELETED> (2) in paragraph (2)(D), by striking ``paragraph
(6)'' and inserting ``paragraph (6)(A)''; and</DELETED>
<DELETED> (3) in paragraph (6)--</DELETED>
<DELETED> (A) by inserting ``(A)'' before ``For the
purposes of paragraph (2)(D),'';</DELETED>
<DELETED> (B) by redesignating subparagraphs (A) and
(B) as clauses (i) and (ii), respectively;
and</DELETED>
<DELETED> (C) by adding at the end the following new
subparagraphs:</DELETED>
<DELETED> ``(B) Guaranty agency obligations.--A guaranty
agency shall--</DELETED>
<DELETED> ``(i) on or after October 1, 2006--
</DELETED>
<DELETED> ``(I) not charge the borrower
collection costs in an amount in excess of 18.5
percent of the outstanding principal and
interest of a defaulted loan that is paid off
through consolidation by the borrower under
this title; and</DELETED>
<DELETED> ``(II) remit to the Secretary a
portion of the collection charge under
subclause (I) equal to 8.5 percent of the
outstanding principal and interest of such
defaulted loan; and</DELETED>
<DELETED> ``(ii) on and after October 1, 2009, remit
to the Secretary the entire amount charged under clause
(i)(I) with respect to each defaulted loan that is paid
off with excess consolidation proceeds.</DELETED>
<DELETED> ``(C) Excess consolidation proceeds.--For
purposes of subparagraph (B), the term `excess
consolidation proceeds' means, with respect to any
guaranty agency for any Federal fiscal year beginning
on or after October 1, 2009, the proceeds of
consolidation of defaulted loans under this title that
exceed 45 percent of the agency's total collections on
defaulted loans in such Federal fiscal
year.''.</DELETED>
<DELETED>SEC. 1009. SINGLE HOLDER RULE.</DELETED>
<DELETED> Subparagraph (A) of section 428C(b)(1) of the Higher
Education Act of 1965 (20 U.S.C. 1078-3(b)(1)) is amended by striking
``and (i)'' and all that follows through ``so selected for
consolidation)''.</DELETED>
<DELETED>SEC. 1010. DEFAULT REDUCTION PROGRAM.</DELETED>
<DELETED> Section 428F(a)(1) of the Higher Education Act of 1965 (20
U.S.C. 1078-6(a)(1)) is amended--</DELETED>
<DELETED> (1) in subparagraph (A), by striking ``consecutive
payments for 12 months'' and inserting ``9 payments made within
20 days of the due date during 10 consecutive
months'';</DELETED>
<DELETED> (2) by redesignating subparagraph (C) as
subparagraph (D); and</DELETED>
<DELETED> (3) by inserting after subparagraph (B) the
following new subparagraph:</DELETED>
<DELETED> ``(C) A guaranty agency may charge the
borrower and retain collection costs in an amount not
to exceed 18.5 percent of the outstanding principal and
interest at the time of sale of a loan rehabilitated
under subparagraph (A).''.</DELETED>
<DELETED>SEC. 1011. REQUIREMENTS FOR DISBURSEMENTS OF STUDENT
LOANS.</DELETED>
<DELETED> Section 428G of the Higher Education Act of 1965 (20
U.S.C. 1078-7) is amended--</DELETED>
<DELETED> (1) in subsection (a)(3), by adding at the end the
following: ``Notwithstanding section 422(d) of the Higher
Education Amendments of 1998, this paragraph shall be effective
beginning on the date of enactment of the Higher Education
Amendments of 2005.''; and</DELETED>
<DELETED> (2) in subsection (b)(1), by adding at the end the
following: ``Notwithstanding section 422(d) of the Higher
Education Amendments of 1998, the second sentence of this
paragraph shall be effective beginning on the date of enactment
of the Higher Education Amendments of 2005.''.</DELETED>
<DELETED>SEC. 1012. SPECIAL INSURANCE AND REINSURANCE RULES.</DELETED>
<DELETED> (a) Repeal.--Section 428I of the Higher Education Act of
1965 (20 U.S.C. 1078-9) is repealed.</DELETED>
<DELETED> (b) Conforming Amendments.--Part A of title IV of the
Higher Education Act of 1965 (20 U.S.C.1070 et seq.) is amended--
</DELETED>
<DELETED> (1) in section 428(c)(1)--</DELETED>
<DELETED> (A) by striking subparagraph (D);
and</DELETED>
<DELETED> (B) by redesignating subparagraphs (E) and
(F) as subparagraphs (D) and (E), respectively;
and</DELETED>
<DELETED> (2) in section 438(b)(5), by striking the matter
following subparagraph (B).</DELETED>
<DELETED>SEC. 1013. SCHOOL AS LENDER MORATORIUM.</DELETED>
<DELETED> Section 435(d)(2) of the Higher Education Act of 1965 (20
U.S.C. 1085(d)(2)) is amended--</DELETED>
<DELETED> (1) in subparagraph (E), by striking ``and'' after
the semicolon; and</DELETED>
<DELETED> (2) by inserting before the matter following
subparagraph (F) the following:</DELETED>
<DELETED> ``(G) shall have met the requirements of
subparagraphs (A) through (F), and made loans under
this part, on or before August 31, 2005;</DELETED>
<DELETED> ``(H) shall hold each loan the eligible
institution makes under this part to a student enrolled
at the eligible institution until the student enters
into a grace period described in section 427(a)(2)(B)
or 428(b)(7);</DELETED>
<DELETED> ``(I) shall use the proceeds from the sale
of a loan made under this part, for need based grant
aid programs, except that such proceeds--</DELETED>
<DELETED> ``(i) shall not be used to provide
a grant to a student for an academic year in an
amount that is more than the student's cost of
attendance for the academic year; and</DELETED>
<DELETED> ``(ii) shall supplement and not
supplant other Federal, State, and
institutional grant aid; and</DELETED>
<DELETED> ``(J) shall not be a foundation or alumni
organization;''.</DELETED>
<DELETED>SEC. 1014. PERMANENT REDUCTION OF SPECIAL ALLOWANCE PAYMENTS
FOR LOANS FROM THE PROCEEDS OF TAX EXEMPT
ISSUES.</DELETED>
<DELETED> (a) Technical Clarification.--The matter preceding
paragraph (1) of section 2 of the Taxpayer-Teacher Protection Act of
2004 (Public Law 108-409; 118 Stat. 2299) is amended by inserting ``of
the Higher Education Act of 1965'' after ``Section 438(b)(2)(B)''. The
amendment made by the preceding sentence shall be effective as if
enacted on October 30, 2004.</DELETED>
<DELETED> (b) Amendment.--Section 438(b)(2)(B) of the Higher
Education Act of 1965 (20 U.S.C. 1087-1(b)(2)(B)) is amended--
</DELETED>
<DELETED> (1) in clause (iv), by striking ``and before
January 1, 2006,''; and</DELETED>
<DELETED> (2) in clause (v)(II)--</DELETED>
<DELETED> (A) in item (aa), by striking ``and before
January 1, 2006,'';</DELETED>
<DELETED> (B) in item (bb), by striking ``and before
January 1, 2006,''; and</DELETED>
<DELETED> (C) in item (cc), by striking ``and before
January 1, 2006,''.</DELETED>
<DELETED>SEC. 1015. LOAN FEES FROM LENDERS.</DELETED>
<DELETED> (a) Amendment.--Paragraph (2) of section 438(d)(2) (20
U.S.C. 1087-1(d)) is amended to read as follows:</DELETED>
<DELETED> ``(2) Amount of loan fees.--</DELETED>
<DELETED> ``(A) In general.--Except as provided in
subparagraph (B), with respect to any loan made under
this part for which the first disbursement was made on
or after October 1, 1993, the amount of the loan fee
that shall be deducted under paragraph (1) shall be
equal to 0.50 percent of the principal amount of the
loan.</DELETED>
<DELETED> ``(B) Consolidation loans.--With respect
to any loan made under section 428C on or after April
1, 2006, the amount of the loan fee that shall be
deducted under paragraph (1) shall be equal to 1.0
percent of the principal amount of the
loan.''.</DELETED>
<DELETED> (b) Effective Date.--The amendment made by subsection (a)
shall apply with respect to any loan made, insured, or guaranteed under
part B of title IV of the Higher Education Act of 1965 (20 U.S.C. 1071
et seq.) for which the first disbursement is made on or after April 1,
2006.</DELETED>
<DELETED>SEC. 1016. ORIGINATION FEE.</DELETED>
<DELETED> Section 455(c) of the Higher Education Act of 1965 (20
U.S.C. 1087e(c)) is amended--</DELETED>
<DELETED> (1) by striking ``shall'' and inserting ``is
authorized to''; and</DELETED>
<DELETED> (2) by striking ``4.0 percent of the principal
amount of loan'' and inserting ``not less than 1 percent and
not more than 3 percent of the principal amount of the loan,
except that the Secretary shall charge the borrower of a
Federal Direct PLUS Loan an origination fee of 4.0 percent of
the principal amount of the loan.''.</DELETED>
<DELETED>SEC. 1017. INCOME CONTINGENT REPAYMENT FOR PUBLIC SECTOR
EMPLOYEES.</DELETED>
<DELETED> Section 455(e) of the Higher Education Act of 1965 (20
U.S.C. 1087e(e)) is amended by adding at the end the
following:</DELETED>
<DELETED> ``(7) Repayment plan for public sector
employees.--</DELETED>
<DELETED> ``(A) In general.--The Secretary shall
forgive the balance due on any loan made under this
part for a borrower--</DELETED>
<DELETED> ``(i) who has made 120 payments on
such loan pursuant to income contingent
repayment; and</DELETED>
<DELETED> ``(ii) who is employed, and was
employed for the 10-year period in which the
borrower made the 120 payments described in
clause (i), in a public sector job.</DELETED>
<DELETED> ``(B) Public sector job.--In this
paragraph, the term `public sector job' means a full-
time job in emergency management, government, public
safety, law enforcement, public health, education
(including early childhood education), or public
interest legal services (including prosecution or
public defense).</DELETED>
<DELETED> ``(8) Return to standard repayment.--A borrower
who is repaying a loan made under this part pursuant to income
contingent repayment may choose, at any time, to terminate
repayment pursuant to income contingent repayment and repay
such loan under the standard repayment plan.''.</DELETED>
<DELETED>SEC. 1018. INCOME PROTECTION ALLOWANCE FOR DEPENDENT
STUDENTS.</DELETED>
<DELETED> (a) Amendment.--Section 475(g)(2)(D) (20 U.S.C.
1087oo(g)(2)(D)) is amended by striking ``$2,200'' and inserting
``$3,000''.</DELETED>
<DELETED> (b) Effective Date.--The amendment made by paragraph (1)
shall apply with respect to determinations of need for periods of
enrollment beginning on or after July 1, 2006.</DELETED>
<DELETED>SEC. 1019. SIMPLIFIED NEED TEST AND AUTOMATIC ZERO
IMPROVEMENTS.</DELETED>
<DELETED> Section 479(c) of the Higher Education Act of 1965 (20
U.S.C. 10877ss(c)) is amended--</DELETED>
<DELETED> (1) in paragraph (1), by striking subparagraph (B)
and inserting the following:</DELETED>
<DELETED> ``(B) the sum of the adjusted gross income
of the parents is less than or equal to $20,000;
or'';</DELETED>
<DELETED> (2) in paragraph (2), by striking subparagraph (B)
and inserting the following:</DELETED>
<DELETED> ``(B) the sum of the adjusted gross income
of the student and spouse (if appropriate) is less than
or equal to $20,000.''.</DELETED>
<DELETED>SEC. 1020. LOAN FORGIVENESS FOR TEACHERS.</DELETED>
<DELETED> Section 3(b)(3) of the Taxpayer-Teacher Protection Act of
2004 (20 U.S.C. 1078-10 note) is amended by striking ``, and before
October 1, 2005''.</DELETED>
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Higher Education
Amendments of 2005''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. References.
Sec. 3. General effective date.
TITLE I--GENERAL PROVISIONS
Sec. 101. Additional definitions.
Sec. 102. General definition of institution of higher education.
Sec. 103. Definition of institution of higher education for purposes of
title IV programs.
Sec. 104. Protection of student speech and association rights.
Sec. 105. National Advisory Committee on Institutional Quality and
Integrity.
Sec. 106. Drug and alcohol abuse prevention.
Sec. 107. Prior rights and obligations.
Sec. 108. Cost of higher education.
Sec. 109. Performance-based organization for the delivery of Federal
student financial assistance.
Sec. 110. Procurement flexibility.
TITLE II--TEACHER QUALITY ENHANCEMENT
Sec. 201. Teacher quality enhancement grants for States and
partnerships.
TITLE III--INSTITUTIONAL AID
Sec. 301. Program purpose.
Sec. 302. Definitions; eligibility.
Sec. 303. American Indian tribally controlled colleges and
universities.
Sec. 304. Alaska native and native Hawaiian-serving institutions.
Sec. 305. Native American-serving, nontribal institutions.
Sec. 306. Part B definitions.
Sec. 307. Grants to institutions.
Sec. 308. Allotments to institutions.
Sec. 309. Professional or graduate institutions.
Sec. 310. Authorization of appropriations.
Sec. 311. Technical corrections.
TITLE IV--STUDENT ASSISTANCE
Part A--Grants to Students in Attendance at Institutions of Higher
Education
Sec. 401. Federal Pell Grants.
Sec. 402. Federal trio programs.
Sec. 403. Gaining early awareness and readiness for undergraduate
programs.
Sec. 404. Academic achievement incentive scholarships.
Sec. 405. Federal supplemental educational opportunity grants.
Sec. 406. Leveraging Educational Assistance Partnership Program.
Sec. 407. Special programs for students whose families are engaged in
migrant and seasonal farmwork.
Sec. 408. Robert C. Byrd Honors Scholarship Program.
Sec. 409. Child care access means parents in school.
Sec. 410. Learning anytime anywhere partnerships.
Part B--Federal Family Education Loan Program
Sec. 421. Extension of authorities.
Sec. 422. Federal payments to reduce student interest costs.
Sec. 423. Federal consolidation loans.
Sec. 424. Default Reduction Program.
Sec. 425. Requirements for disbursement of student loans.
Sec. 426. Reports to credit bureaus and institutions of higher
education.
Sec. 427. Common forms and formats.
Sec. 428. Student loan information by eligible borrowers.
Sec. 429. Consumer education information.
Sec. 430. Definition of eligible lender.
Sec. 431. Repayment by the Secretary of loans of bankrupt, deceased, or
disabled borrowers; treatment of borrowers
attending schools that fail to provide a
refund, attending closed schools, or
falsely certified as eligible to borrow.
Part C--Federal Work-Study Programs
Sec. 441. Authorization of appropriations.
Sec. 442. Allowance for books and supplies.
Sec. 443. Grants for Federal work-study programs.
Sec. 444. Job location and development programs.
Sec. 445. Work colleges.
Part D--William D. Ford Federal Direct Loan Program
Sec. 451. Funds for administrative expenses.
Part E--Federal Perkins Loans
Sec. 461. Program authority.
Sec. 462. Terms of loans.
Sec. 463. Cancellation of loans for certain public service.
Sec. 464. Federal capital contribution recovery.
Part F--Need Analysis
Sec. 471. Cost of attendance.
Sec. 472. Discretion of student financial aid administrators.
Sec. 473. Definitions.
Part G--General Provisions Relating to Student Assistance
Sec. 481. Definitions.
Sec. 482. Compliance calendar.
Sec. 483. Forms and regulations.
Sec. 484. Student eligibility.
Sec. 485. Statute of limitations and State court judgments.
Sec. 486. Institutional refunds.
Sec. 487. Institutional and financial assistance for students.
Sec. 488. National student loan data system.
Sec. 489. Early awareness of financial aid eligibility.
Sec. 490. College access initiative.
Sec. 491. Program participation agreements.
Sec. 492. Regulatory relief and improvement.
Sec. 493. Transfer of allotments.
Sec. 494. Wage garnishment requirement.
Sec. 495. Purpose of administrative payments.
Sec. 496. Advisory Committee on Student Financial Assistance.
Sec. 497. Regional meetings.
Sec. 498. Year 2000 requirements at the Department.
Part H--Program Integrity
Sec. 499. Recognition of accrediting agency or association.
Sec. 499A. Administrative capacity standard.
Sec. 499B. Program review and data.
TITLE V--DEVELOPING INSTITUTIONS
Sec. 501. Definitions.
Sec. 502. Authorized activities.
Sec. 503. Duration of grant.
Sec. 504. Postbaccalaureate opportunities for Hispanic Americans.
Sec. 505. Applications.
Sec. 506. Cooperative arrangements.
Sec. 507. Authorization of appropriations.
TITLE VI--INTERNATIONAL EDUCATION PROGRAMS
Sec. 601. Findings.
Sec. 602. Graduate and undergraduate language and area centers and
programs.
Sec. 603. Undergraduate international studies and foreign language
programs.
Sec. 604. Research; studies.
Sec. 605. Technological innovation and cooperation for foreign
information access.
Sec. 606. Selection of certain grant recipients.
Sec. 607. American overseas research centers.
Sec. 608. Authorization of appropriations for international and foreign
language studies.
Sec. 609. Centers for international business education.
Sec. 610. Education and training programs.
Sec. 611. Authorization of appropriations for business and
international education programs.
Sec. 612. Minority foreign service professional development program.
Sec. 613. Institutional development.
Sec. 614. Study abroad program.
Sec. 615. Advanced degree in international relations.
Sec. 616. Internships.
Sec. 617. Financial assistance.
Sec. 618. Report.
Sec. 619. Gifts and donations.
Sec. 620. Authorization of appropriations for the Institute for
International Public Policy.
Sec. 621. Definitions.
Sec. 622. Assessment and enforcement.
TITLE VII--GRADUATE AND POSTSECONDARY IMPROVEMENT PROGRAMS
Sec. 701. Purpose.
Sec. 702. Allocation of Jacob K. Javits Fellowships.
Sec. 703. Stipends.
Sec. 704. Authorization of appropriations for the Jacob K. Javits
Fellowship Program.
Sec. 705. Institutional eligibility under the Graduate Assistance in
Areas of National Need Program.
Sec. 706. Awards to graduate students.
Sec. 707. Additional assistance for cost of education.
Sec. 708. Authorization of appropriations for the Graduate Assistance
in Areas of National Need Program.
Sec. 709. Authorization of appropriations for the Thurgood Marshall
Legal Educational Opportunity Program.
Sec. 710. Fund for the improvement of postsecondary education.
Sec. 711. Special projects.
Sec. 712. Authorization of appropriations for the fund for the
improvement of postsecondary education.
Sec. 713. Repeal of the urban community service program.
Sec. 714. Grants authorized for demonstration projects to ensure
students with disabilities receive a
quality higher education.
Sec. 715. Applications for demonstration projects to ensure students
with disabilities receive a quality higher
education.
Sec. 716. Authorization of appropriations for the demonstration
projects to ensure students with
disabilities receive a quality higher
education.
TITLE VIII--MISCELLANEOUS
Sec. 801. Miscellaneous.
TITLE IX--AMENDMENTS TO OTHER LAWS
Part A--Education of the Deaf Act of 1986
Sec. 901. Laurent Clerc National Deaf Education Center.
Sec. 902. Agreement with Gallaudet University.
Sec. 903. Agreement for the National Technical Institute for the Deaf.
Sec. 904. Cultural experiences grants.
Sec. 905. Audit.
Sec. 906. Reports.
Sec. 907. Monitoring, evaluation, and reporting.
Sec. 908. Liaison for educational programs.
Sec. 909. Federal endowment programs for Gallaudet University and the
National Technical Institute for the Deaf.
Sec. 910. Oversight and effect of agreements.
Sec. 911. International students.
Sec. 912. Research priorities.
Sec. 913. Authorization of appropriations.
Part B--United States Institute of Peace Act
Sec. 921. United States Institute of Peace Act.
Part C--The Higher Education Amendments of 1998
Sec. 931. Repeals.
Sec. 932. Grants to States for workplace and community transition
training for incarcerated youth offenders.
Part D--Indian Education
subpart 1--tribal colleges and universities
Sec. 941. Reauthorization of the Tribally Controlled College or
subpart 2--navajo higher education of 1978.
Sec. 945. Short title.
Sec. 946. Reauthorization of Navajo Community College Act.
TITLE X--RECONCILIATION
Part A--Education Provisions
Sec. 1001. Provisional grant assistance program.
Sec. 1002. National SMART grants.
Sec. 1003. Loan limits.
Sec. 1004. PLUS loan interest rates and zero special allowance payment.
Sec. 1005. Reduction of lender insurance reimbursement rates.
Sec. 1006. Guaranty agency origination fee.
Sec. 1007. Deferment of student loans for military service.
Sec. 1008. Recovery through consolidation.
Sec. 1009. Single holder rule.
Sec. 1010. Default reduction program.
Sec. 1011. Requirements for disbursements of student loans.
Sec. 1012. Special insurance and reinsurance rules.
Sec. 1013. School as lender moratorium.
Sec. 1014. Permanent reduction of special allowance payments for loans
from the proceeds of tax exempt issues.
Sec. 1015. Special allowances.
Sec. 1016. Origination fee.
Sec. 1017. Income contingent repayment for public sector employees.
Sec. 1018. Family contribution for dependent students.
Sec. 1019. Family contribution for independent students without
dependents other than a spouse.
Sec. 1020. Family contribution for independent students with dependents
other than a spouse.
Sec. 1021. Regulations; updated tables.
Sec. 1022. Simplified need test and automatic zero improvements.
Sec. 1023. Loan forgiveness for teachers.
Sec. 1024. Effective date.
Part B--Hurricane Katrina Higher Education Recovery
Sec. 1051. Short title.
Sec. 1052. Definitions.
Sec. 1053. Waiver authority and modifications to certain provisions of
the Higher Education Act of 1965.
Sec. 1054. General waiver authority and required consultation.
Sec. 1055. Notice of waivers, modifications, or extensions.
Sec. 1056. Regulatory requirements inapplicable.
Sec. 1057. Department of Education Inspector General audit and report.
Sec. 1058. Sunset provision.
SEC. 2. REFERENCES.
Except as otherwise expressly provided, whenever in this Act an
amendment or repeal is expressed in terms of an amendment to, or repeal
of, a section or other provision, the reference shall be considered to
be made to a section or other provision of the Higher Education Act of
1965 (20 U.S.C. 1001 et seq.).
SEC. 3. GENERAL EFFECTIVE DATE.
Except as otherwise provided in this Act or the amendments made by
this Act, the amendments made by this Act shall take effect on July 1,
2006.
TITLE I--GENERAL PROVISIONS
SEC. 101. ADDITIONAL DEFINITIONS.
(a) Amendment.--Section 103 (20 U.S.C. 1003) is amended--
(1) by redesignating paragraphs (1) through (16) as
paragraphs (2) through (17), respectively; and
(2) by inserting before paragraph (2) (as redesignated by
paragraph (1)) the following:
``(1) Authorizing committees.--The term `authorizing
committees' means the Committee on Health, Education, Labor,
and Pensions of the Senate and the Committee on Education and
the Workforce of the House of Representatives.''.
(b) Conforming Amendments.--The Act (20 U.S.C. 1001 et seq.) is
amended--
(1) in section 131(a)(3)(B) (20 U.S.C. 1015(a)(3)(B)), by
striking ``Committee on Labor and Human Resources of the Senate
and the Committee on Education and the Workforce of the House
of Representatives'' and inserting ``authorizing committees'';
(2) in section 141(d)(4)(B) (20 U.S.C. 1018(d)(4)(B)), by
striking ``Committee on Education and the Workforce of the
House of Representatives and the Committee on Labor and Human
Resources of the Senate'' and inserting ``authorizing
committees'';
(3) in section 207(c)(1) (20 U.S.C. 1027(c)(1)), by
striking ``Committee on Labor and Human Resources of the Senate
and the Committee on Education and the Workforce of the House
of Representatives'' and inserting ``authorizing committees'';
(4) in section 401(f)(3) (20 U.S.C. 1070a(f)(3)), by
striking ``to the Committee on Appropriations'' and all that
follows through ``House of Representatives'' and inserting ``to
the Committee on Appropriations of the Senate, the Committee on
Appropriations of the House of Representatives, and the
authorizing committees'';
(5) in section 428 (20 U.S.C. 1078)--
(A) in subsection (c)(9)(K), by striking ``House
Committee on Education and the Workforce and the Senate
Committee on Labor and Human Resources'' and inserting
``authorizing committees'';
(B) in the matter following paragraph (2) of
subsection (g), by striking ``Committee on Labor and
Human Resources of the Senate and the Committee on
Education and the Workforce of the House of
Representatives'' and inserting ``authorizing
committees''; and
(C) in subsection (n)(4), ``Committee on Education
and the Workforce of the House of Representatives and
the Committee on Labor and Human Resources of the
Senate'' and inserting ``authorizing committees'';
(6) in section 428A (20 U.S.C. 1078-1)--
(A) in the matter preceding subparagraph (A) of
subsection (a)(4), by striking ``Committee on Labor and
Human Resources of the Senate and the Committee on
Education and the Workforce of the House of
Representatives'' and inserting ``authorizing
committees''; and
(B) in subsection (c)--
(i) in the matter preceding subparagraph
(A) of paragraph (2), by striking
``Chairperson'' and all that follows through
``House of Representatives'' and inserting
``Chairpersons and Ranking Members of the
authorizing committees'';
(ii) in paragraph (3), by striking
``Chairperson'' and all that follows through
``House of Representatives'' and inserting
``Chairpersons and Ranking Members of the
authorizing committees''; and
(iii) in paragraph (5), by striking
``Chairperson'' and all that follows through
``House of Representatives'' and inserting
``Chairpersons and Ranking Members of the
authorizing committees'';
(7) in section 432 (20 U.S.C. 1082)--
(A) in subsection (f)(1)(C), by striking ``the
Committee on Education and the Workforce of the House
of Representatives or the Committee on Labor and Human
Resources of the Senate'' and inserting ``either of the
authorizing committees''; and
(B) in the matter following subparagraph (D) of
subsection (n)(3), by striking ``Committee on Education
and the Workforce of the House of Representatives and
the Committee on Labor and Human Resources of the
Senate'' and inserting ``authorizing committees'';
(8) in section 437(c)(1) (20 U.S.C. 1087(c)(1)), by
striking ``Committee on Education and the Workforce of the
House of Representatives and the Committee on Labor and Human
Resources of the Senate'' and inserting ``authorizing
committees'';
(9) in section 439 (20 U.S.C. 1087-2)--
(A) in subsection (d)(1)(E)(iii), by striking
``advise the Chairman'' and all that follows through
``House of Representatives'' and inserting ``advise the
Chairpersons and Ranking Members of the authorizing
committees'';
(B) in subsection (r)--
(i) in paragraph (3), by striking ``inform
the Chairman'' and all that follows through
``House of Representatives,'' and inserting
``inform the Chairpersons and Ranking Members
of the authorizing committees'';
(ii) in paragraph (5)(B), by striking
``plan, to the Chairman'' and all that follows
through ``Education and Labor'' and inserting
``plan, to the Chairpersons and Ranking Members
of the authorizing committees'';
(iii) in paragraph (6)(B)--
(I) by striking ``plan, to the
Chairman'' and all that follows through
``House of Representatives'' and
inserting ``plan, to the Chairpersons
and Ranking Members of the authorizing
committees''; and
(II) by striking ``Chairmen and
ranking minority members of such
Committees'' and inserting
``Chairpersons and Ranking Members of
the authorizing committees'';
(iv) in paragraph (8)(C), by striking
``implemented to the Chairman'' and all that
follows through ``House of Representatives,
and'' and inserting ``implemented to the
Chairpersons and Ranking Members of the
authorizing committees, and to''; and
(v) in the matter preceding subparagraph
(A) of paragraph (10), by striking ``days to
the Chairman'' and all that follows through
``Education and Labor'' and inserting ``days to
the Chairpersons and Ranking Members of the
authorizing committees''; and
(C) in subsection (s)(2)--
(i) in the matter preceding clause (i) of
subparagraph (A), by striking ``Treasury and to
the Chairman'' and all that follows through
``House of Representatives'' and inserting
``Treasury and to the Chairpersons and Ranking
Members of the authorizing committees''; and
(ii) in subparagraph (B), by striking
``Treasury and to the Chairman'' and all that
follows through ``House of Representatives''
and inserting ``Treasury and to the
Chairpersons and Ranking Members of the
authorizing committees'';
(10) in section 455(b)(8)(B) (20 U.S.C. 1087e(b)(8)(B)), by
striking ``Committee on Labor and Human Resources of the Senate
and the Committee on Education and the Workforce of the House
of Representatives'' and inserting ``authorizing committees'';
(11) in section 482(d) (20 U.S.C. 108/9(d)), by striking
``Committee on Labor and Human Resources of the Senate and the
Committee on Education and Labor of the House of
Representatives'' and inserting ``authorizing committees'';
(12) in section 483(c) (20 U.S.C. 1090(c)), by striking
``Committee on Labor and Human Resources of the Senate and the
Committee on Education and the Workforce of the House of
Representatives'' and inserting ``authorizing committees'';
(13) in section 485 (20 U.S.C. 1092)--
(A) in subsection (f)(5)(A), by striking
``Committee on Education and the Workforce of the House
of Representatives and the Committee on Labor and Human
Resources of the Senate'' and inserting ``authorizing
committees''; and
(B) in subsection (g)(4)(B), by striking
``Committee on Education and the Workforce of the House
of Representatives and the Committee on Labor and Human
Resources of the Senate'' and inserting ``authorizing
committees'';
(14) in section 486 (20 U.S.C. 1093)--
(A) in subsection (e), by striking ``Committee on
Labor and Human Resources of the Senate and the
Committee on Education and the Workforce of the House
of Representatives'' and inserting ``authorizing
committees''; and
(B) in subsection (f)(3)--
(i) in the matter preceding clause (i) of
subparagraph (A), by striking ``Committee on
Labor and Human Resources of the Senate and the
Committee on Education and the Workforce of the
House of Representatives'' and inserting
``authorizing committees''; and
(ii) in the matter preceding clause (i) of
subparagraph (B), by striking ``Committee on
Labor and Human Resources of the Senate and the
Committee on Education and the Workforce of the
House of Representatives'' and inserting
``authorizing committees'';
(15) in section 487A(a)(5) (20 U.S.C. 1094a(a)(5)), by
striking ``Committee on Labor and Human Resources of the Senate
and the Committee on Education and the Workforce of the House
of Representatives'' and inserting ``authorizing committees'';
and
(16) in section 498B(d) (20 U.S.C. 1099c-2(d))--
(A) in paragraph (1), by striking ``Committee on
Labor and Human Resources of the Senate and the
Committee on Education and the Workforce of the House
of Representatives'' and inserting ``authorizing
committees''; and
(B) in paragraph (2), by striking ``Committee on
Labor and Human Resources of the Senate and the
Committee on Education and the Workforce of the House
of Representatives'' and inserting ``authorizing
committees''.
SEC. 102. GENERAL DEFINITION OF INSTITUTION OF HIGHER EDUCATION.
Section 101 (20 U.S.C. 1001) is amended--
(1) in subsection (a)(3), by inserting ``, or awards a
degree that is acceptable for admission to a graduate or
professional degree program, subject to the review and approval
by the Secretary'' after ``such a degree''; and
(2) by striking subsection (b)(2) and inserting the
following:
``(2) a public or nonprofit private educational institution
in any State that, in lieu of the requirement in subsection
(a)(1), admits as regular students persons--
``(A) who meet the requirements of section
484(d)(3);
``(B) who are beyond the age of compulsory school
attendance in the State in which the institution is
located; or
``(C) who are dually or concurrently enrolled in
such institution and a secondary school.''.
SEC. 103. DEFINITION OF INSTITUTION OF HIGHER EDUCATION FOR PURPOSES OF
TITLE IV PROGRAMS.
Section 102 (20 U.S.C. 1002) is amended--
(1) in subsection (a)--
(A) by striking paragraph (2)(A)(i) and inserting
the following:
``(i) in the case of a graduate medical
school located outside the United States--
``(I) at least 60 percent of those
enrolled in, and at least 60 percent of
the graduates of, the graduate medical
school outside the United States were
not persons described in section
484(a)(5) in the year preceding the
year for which a student is seeking a
loan under part B of title IV; and
``(II) at least 60 percent of the
individuals who were students or
graduates of the graduate medical
school outside the United States or
Canada (both nationals of the United
States and others) taking the
examinations administered by the
Educational Commission for Foreign
Medical Graduates received a passing
score in the year preceding the year
for which a student is seeking a loan
under part B of title IV; or'';
(B) by striking paragraph (3) and inserting the
following:
``(3) Limitations based on enrollment.--An institution
shall not be considered to meet the definition of an
institution of higher education in paragraph (1) if such
institution--
``(A) has a student enrollment in which more than
25 percent of the students are incarcerated, except
that the Secretary may waive the limitation contained
in this subparagraph for a nonprofit institution that
provides a 2- or 4-year program of instruction (or
both) for which the institution awards a bachelor's
degree, or an associate's degree or a postsecondary
diploma, respectively; or
``(B) has a student enrollment in which more than
50 percent of the students do not have a secondary
school diploma or its recognized equivalent, and does
not provide a 2- or 4-year program of instruction (or
both) for which the institution awards a bachelor's
degree or an associate's degree, respectively, except
that the Secretary may waive the limitation contained
in this subparagraph if a nonprofit institution
demonstrates to the satisfaction of the Secretary that
the institution exceeds such limitation because the
institution serves, through contracts with Federal,
State, or local government agencies, significant
numbers of students who do not have a secondary school
diploma or its recognized equivalent.'';
(C) by redesignating paragraphs (4), (5), and (6),
as paragraphs (5), (6), and (7), respectively; and
(D) by inserting after paragraph (3) the following:
``(4) Limitations based on mode of delivery.--
``(A) In general.--An institution shall not be
considered to meet the definition of an institution of
higher education in paragraph (1) if such institution--
``(i) offers more than 50 percent of such
institution's courses by correspondence, unless
the institution is an institution that meets
the definition in section 3(3)(C) of the Carl
D. Perkins Vocational and Technical Education
Act of 1998; or
``(ii) enrolls 50 percent or more of the
institution's students in correspondence
courses, unless the institution is an
institution that meets the definition in such
section 3(3)(C), except that the Secretary, at
the request of such institution, may waive the
applicability of this subparagraph to such
institution for good cause, as determined by
the Secretary in the case of an institution of
higher education that provides a 2- or 4-year
program of instruction (or both) for which the
institution awards an associate or
baccalaureate degree, respectively.
``(B) Distance education program eligibility.--
Notwithstanding subparagraph (A), an institution of
higher education, other than a foreign institution,
that offers education or training programs principally
through distance education shall be considered to meet
the definition of an institution of higher education in
paragraph (1) if such institution--
``(i) has been evaluated and determined
(before or after the date of enactment of the
Higher Education Amendments of 2005) to have
the capability to effectively deliver distance
education programs by an accrediting agency or
association that--
``(I) is recognized by the
Secretary under title IV; and
``(II) has evaluation of distance
education programs within the scope of
its recognition, as described in
section 496(n)(3);
``(ii) is otherwise eligible to participate
in programs authorized under title IV;
``(iii) has not had its participation in
programs under title IV suspended or terminated
within the previous 5 years;
``(iv) has not had, or failed to resolve,
an audit finding or program review finding
under this Act during the 2 years preceding the
year for which the determination is made that,
following any appeal to the Secretary, resulted
in the institution being required to repay an
amount that is equal to or greater than 25
percent of the total funds the institution
received under the programs authorized under
title IV for the most recent award year; and
``(v) has met the requirements of section
487(d), if applicable.
``(C) Definition.--
``(i) In general.--In this Act, except as
otherwise provided, the term `distance
education' means a course or program that uses
1 or more of the technologies described in
clause (ii) to--
``(I) deliver instruction to
students who are separated from the
instructor; and
``(II) support regular and
substantive interaction between the
students and the instructor, either
synchronously or asynchronously.
``(ii) Inclusions.--For the purposes of
clause (i), the technologies used may include--
``(I) the Internet;
``(II) one-way and two-way
transmissions through open broadcast,
closed circuit, cable, microwave,
broadband lines, fiber optics,
satellite, or wireless communications
devices;
``(III) audio conferencing; or
``(IV) video cassette, DVDs, and
CD-ROMs, provided that they are used in
a course in conjunction with the
technologies listed in subclauses (I)
through (III).''; and
(2) in subsection (b)(1)--
(A) in subparagraph (D), by inserting ``and'' after
the semicolon;
(B) in subparagraph (E), by striking ``; and'' and
inserting a period; and
(C) by striking subparagraph (F).
SEC. 104. PROTECTION OF STUDENT SPEECH AND ASSOCIATION RIGHTS.
Section 112 (20 U.S.C. 1011a) is amended--
(1) in subsection (a)--
(A) by inserting ``(1)'' before ``It is the
sense''; and
(B) by adding at the end the following:
``(2) It is the sense of Congress that--
``(A) the diversity of institutions and educational
missions is one of the key strengths of American higher
education;
``(B) individual colleges and universities have different
missions and each institution should design its academic
program in accordance with its educational goals;
``(C) within the context of institutional mission, a
college should facilitate the free and open exchange of ideas;
``(D) students should not be intimated, harassed,
discouraged from speaking out, or discriminated against;
``(E) students should be treated equally and fairly; and
``(F) nothing in this paragraph shall be construed to
modify, change, or infringe upon any constitutionally protected
religious liberty, freedom, expression, or association.''; and
(2) in subsection (b)(1), by inserting ``, provided that
the imposition of such sanction is done objectively and
fairly'' after ``higher education''.
SEC. 105. NATIONAL ADVISORY COMMITTEE ON INSTITUTIONAL QUALITY AND
INTEGRITY.
Section 114(g) (20 U.S.C. 1011c(g)) is amended by striking
``September 30, 2004'' and inserting ``September 30, 2011''.
SEC. 106. DRUG AND ALCOHOL ABUSE PREVENTION.
Section 120 (20 U.S.C. 1011i) is amended by striking subsections
(e) and (f) and inserting the following:
``(e) Grants Directed at Reducing Higher Education Drug and Alcohol
Abuse.--
``(1) Authorization of program.--The Secretary may award
grants to eligible entities to enable the entities to reduce
the rate of drug use, underage alcohol use, and binge drinking
among students at institutions of higher education.
``(2) Applications.--An eligible entity that desires to
receive a grant under this subsection shall submit an
application to the Secretary at such time, in such manner, and
accompanied by such information as the Secretary may require.
Each application shall include--
``(A) a description of how the eligible entity will
work to enhance an existing, or where none exists to
build a, statewide coalition;
``(B) a description of how the eligible entity will
target underage students in the State;
``(C) a description of how the eligible entity
intends to ensure that the statewide coalition is
actually implementing the purpose described in
paragraph (1) and moving toward the achievement
indicators described in paragraph (4);
``(D) a list of the members of the statewide
coalition or interested parties involved in the work of
the eligible entity;
``(E) a description of how the eligible entity
intends to work with State agencies on substance abuse
prevention and education;
``(F) the anticipated impact of funds provided
under this subsection in reducing the rates of drug
abuse and underage alcohol use;
``(G) outreach strategies, including ways in which
the eligible entity proposes to--
``(i) reach out to students;
``(ii) promote the purpose described in
paragraph (1);
``(iii) address the range of needs of the
students and the surrounding communities; and
``(iv) address community norms for underage
students regarding drug and alcohol use; and
``(H) such additional information as required by
the Secretary.
``(3) Uses of funds.--Each eligible entity that receives a
grant under this subsection shall use the grant funds to carry
out the activities described in such entity's application
submitted pursuant to paragraph (2).
``(4) Accountability.--On the date on which the Secretary
first publishes a notice in the Federal Register soliciting
applications for grants under this subsection, the Secretary
shall include in the notice achievement indicators for the
program authorized under this subsection. The achievement
indicators shall be designed--
``(A) to measure the impact that the statewide
coalitions assisted under this subsection are having on
the institutions of higher education and the
surrounding communities, including changes in the
number of alcohol and drug-related abuse incidents of
any kind (including violations, physical assaults,
sexual assaults, reports of intimidation, disruptions
of school functions, disruptions of student studies,
mental health referrals, illnesses, or deaths);
``(B) to measure the quality and accessibility of
the programs or information offered by the statewide
coalitions; and
``(C) to provide such other measures of program
impact as the Secretary determines appropriate.
``(5) Supplement not supplant.--Grant funds provided under
this subsection shall be used to supplement, and not supplant,
Federal and non-Federal funds available for carrying out the
activities described in this subsection.
``(6) Definitions.--In this subsection:
``(A) Eligible entity.--The term `eligible entity'
means a State, an institution of higher education as
defined in section 102, or a nonprofit entity.
``(B) Institution of higher education.--The term
`institution of higher education' has the meaning given
the term in section 101(a).
``(C) State.--The term `State' means each of the 50
States, the District of Columbia, and the Commonwealth
of Puerto Rico.
``(D) Statewide coalition.--The term `statewide
coalition' means a coalition that--
``(i) includes--
``(I) institutions of higher
education within a State; and
``(II) a nonprofit group, a
community anti-drug or underage
drinking prevention coalition, or
another substance abuse prevention
group within a State; and
``(ii) works toward lowering alcohol abuse
rates by targeting underage students at
institutions of higher education throughout the
State and in the surrounding communities.
``(E) Surrounding community.--The term `surrounding
community' means the community--
``(i) that surrounds an institution of
higher education participating in a statewide
coalition;
``(ii) where the students from the
institution of higher education take part in
the community; and
``(iii) where students from the institution
of higher education live in off-campus housing.
``(7) Administrative expenses.--Not more than 5 percent of
a grant awarded under this subsection may be expended for
administrative expenses.
``(8) Authorization of appropriations.--There are
authorized to be appropriated to carry out this subsection such
sums as may be necessary for fiscal year 2006 and each of the 5
succeeding fiscal years.''.
SEC. 107. PRIOR RIGHTS AND OBLIGATIONS.
Section 121(a) (20 U.S.C. 1011j(a)) is amended--
(1) in paragraph (1), by striking ``1999'' and inserting
``2006''; and
(2) in paragraph (2), by striking ``1999'' and inserting
``2006''.
SEC. 108. COST OF HIGHER EDUCATION.
Section 131 (20 U.S.C. 1015) is amended--
(1) by striking subsection (b) and inserting the following:
``(b) College Consumer Information.--
``(1) In general.--The Secretary shall make available to
the public the information described in paragraph (2), in a
form that enables the public to compare the information among
institutions of higher education. Such information shall be
made available for each of the categories described in
paragraph (3) and updated annually.
``(2) Information.--The information described in this
paragraph is the following:
``(A) Tuition and fees for a first-time, full-time
undergraduate student.
``(B) Cost of attendance for a first-time, full-
time undergraduate student.
``(C) The average annual cost of attendance for a
first-time, full-time undergraduate student for the
preceding periods of 5 and 10 academic years preceding
the year for which the information is made available
under this subsection, or if data are not available for
such academic years, data for as many of such academic
years as are available.
``(D) The percentage of full-time undergraduate
students receiving financial assistance, including--
``(i) Federal grants;
``(ii) State and local grants;
``(iii) institutional grants; and
``(iv) loans to students.
``(E) The average amount of financial aid received
by students from sources described in clauses (i)
through (iv) of subparagraph (D).
``(F) Graduation rates, as described in section
485(a)(1)(L).
``(G) A ranking of the dollar and percentage
increases in tuition and fees for all institutions of
higher education for which data are available in each
of the categories described in paragraph (3).
``(3) Categories.--The categories described in this
paragraph are as follows:
``(A) All institutions of higher education.
``(B) 4-year public, degree-granting, institutions
of higher education.
``(C) 2-year public, degree-granting, institutions
of higher education.
``(D) 4-year, nonprofit, private, degree-granting
institutions of higher education.
``(E) 2-year, nonprofit, private, degree-granting
institutions of higher education.
``(F) 4-year, for-profit, private, degree-granting
institutions of higher education.
``(G) 2-year, for-profit, private, degree-granting
institutions of higher education.
``(H) Less than 2-year, for-profit, private
institutions of higher education.
``(4) Standard definitions.--In carrying out this section,
the Secretary shall use the standard definitions developed
under subsection (a)(3).''; and
(2) in subsection (c)--
(A) in paragraph (1), by inserting ``be conducted
on an annual basis and'' after ``Such study shall'';
(B) in paragraph (2)--
(i) in subparagraph (B), by striking
``and'' after the semicolon;
(ii) in subparagraph (C), by striking the
period and inserting a semicolon; and
(iii) by adding at the end the following:
``(D) the average cost of attending an institution
of higher education, disaggregated by category, as
described in subsection (b)(3);
``(E) the average annual cost of attending an
institution of higher education for the periods of 5
and 10 academic years preceding the year for which the
study is conducted (or if data are not available for
such academic years, data for as many of such academic
years as are available), disaggregated by category, as
described in subsection (b)(3); and
``(F) the assistance provided to institutions of
higher education by each State.'';
(C) in paragraph (3)--
(i) in the paragraph heading, by striking
``Final'' and inserting ``Annual'';
(ii) by striking ``a report'' and inserting
``an annual report''; and
(iii) by striking ``not later than
September 30, 2002'' and inserting ``and the
public''; and
(D) by striking paragraph (4) and inserting the
following:
``(4) Higher education cost index.--The Bureau of Labor
Statistics, in consultation with the Commissioner of Education
Statistics, shall develop a higher education cost index that
tracks inflation changes in the relevant costs associated with
higher education.''.
SEC. 109. PERFORMANCE-BASED ORGANIZATION FOR THE DELIVERY OF FEDERAL
STUDENT FINANCIAL ASSISTANCE.
Section 141 (20 U.S.C. 1018) is amended--
(1) in subsection (a)--
(A) in paragraph (1), by striking ``operational''
and inserting ``administrative and oversight''; and
(B) in paragraph (2)(D), by striking ``of the
operational functions'' and inserting ``and
administration'';
(2) in subsection (b)--
(A) in paragraph (1)--
(i) in subparagraph (A), by striking ``the
information systems administered by the PBO,
and other functions performed by the PBO'' and
inserting ``the Federal student financial
assistance programs authorized under title
IV''; and
(ii) by striking subparagraph (C) and
inserting the following:
``(C) assist the Chief Operating Officer in
identifying goals for--
``(i) the administration of the systems
used to administer the Federal student
financial assistance programs authorized under
title IV; and
``(ii) the updating of such systems to
current technology.''; and
(B) in paragraph (2)--
(i) in the matter preceding subparagraph
(A), by striking ``administration of the
information and financial systems that
support'' and inserting ``the administration of
Federal'';
(ii) in subparagraph (A)--
(I) in the matter preceding clause
(i), by striking ``of the delivery
system for Federal student assistance''
and inserting ``for the Federal student
assistance programs authorized under
title IV'';
(II) by striking clauses (i) and
(ii) and inserting the following:
``(i) the collection, processing, and
transmission of data to students, institutions,
lenders, State agencies, and other authorized
parties;
``(ii) the design and technical
specifications for software development and
procurement for systems supporting the student
financial assistance programs authorized under
title IV;'';
(III) in clause (iii), by striking
``delivery'' and inserting
``administration'';
(IV) in clause (iv)--
(aa) by inserting ``the''
after ``supporting''; and
(bb) by striking ``and''
after the semicolon;
(V) in clause (v), by striking
``systems that support those
programs.'' and inserting ``the
administration of the Federal student
assistance programs authorized under
title IV; and''; and
(VI) by adding at the end the
following:
``(vi) ensuring the integrity of the
student assistance programs authorized under
title IV.''; and
(iii) in subparagraph (B), by striking
``operations and services'' and inserting
``activities and functions''; and
(3) in subsection (c)--
(A) in paragraph (1)(C)--
(i) in clause (iii), by striking
``information and delivery''; and
(ii) in clause (iv)--
(I) by striking ``Developing an''
and inserting ``Developing''; and
(II) by striking ``delivery and
information system'' and inserting
``systems'';
(B) in paragraph (2)--
(i) in subparagraph (A), by inserting
``the'' after ``PBO and''; and
(ii) in subparagraph (B), by striking
``Officer'' and inserting ``Officers''; and
(C) in paragraph (3), by inserting ``students,''
after ``consult with'';
(4) in subsection (d)--
(A) in paragraph (1), by striking the second
sentence; and
(B) in paragraph (5)--
(i) in subparagraph (B), by striking
``paragraph (2)'' and inserting ``paragraph
(4)''; and
(ii) in subparagraph (C), by striking
``this'';
(5) in subsection (f)--
(A) in paragraph (2), by striking ``to borrowers''
and inserting ``to students, borrowers,''; and
(B) in paragraph (3)(A), by striking ``(1)(A)'' and
inserting ``(1)'';
(6) in subsection (g)(3), by striking ``not more than 25'';
(7) in subsection (h), by striking ``organizational
effectiveness'' and inserting ``effectiveness'';
(8) by striking subsection (i);
(9) by redesignating subsection (j) as subsection (i); and
(10) in subsection (i) (as redesignated by paragraph (9)),
by striking ``, including transition costs''.
SEC. 110. PROCUREMENT FLEXIBILITY.
Section 142 (20 U.S.C. 1018a) is amended--
(1) in subsection (b)--
(A) in paragraph (1)--
(i) by striking ``for information systems
supporting the programs authorized under title
IV''; and
(ii) by striking ``and'' after the
semicolon;
(B) in paragraph (2), by striking the period at the
end and inserting ``; and''; and
(C) by adding at the end the following:
``(3) through the Chief Operating Officer--
``(A) to the maximum extent practicable, utilize
procurement systems that streamline operations, improve
internal controls, and enhance management; and
``(B) assess the efficiency of such systems and
assess such systems' ability to meet PBO
requirements.'';
(2) by striking subsection (c)(2) and inserting the
following:
``(2) Fee for service arrangements.--The Chief Operating
Officer shall, when appropriate and consistent with the
purposes of the PBO, acquire services related to the functions
set forth in section 141(b)(2) from any entity that has the
capability and capacity to meet the requirements set by the
PBO. The Chief Operating Officer is authorized to pay fees that
are equivalent to those paid by other entities to an
organization that provides services that meet the requirements
of the PBO, as determined by the Chief Operating Officer.'';
(3) in subsection (d)(2)(B), by striking ``on Federal
Government contracts'';
(4) in subsection (g)--
(A) in paragraph (4)(A)--
(i) in the subparagraph heading, by
striking ``Sole source.--'' and inserting
``Single-source basis.--''; and
(ii) by striking ``sole-source'' and
inserting ``single-source''; and
(B) in paragraph (7), by striking ``sole-source''
and inserting ``single-source'';
(5) in subsection (h)(2)(A), by striking ``sole-source''
and inserting ``single-source''; and
(6) in subsection (l), by striking paragraph (3) and
inserting the following:
``(3) Single-source basis.--The term `single-source basis',
with respect to an award of a contract, means that the contract
is awarded to a source after soliciting an offer or offers
from, and negotiating with, only such source (although such
source is not the only source in the marketplace capable of
meeting the need) because such source is the most advantageous
source for purposes of the award.''.
TITLE II--TEACHER QUALITY ENHANCEMENT
SEC. 201. TEACHER QUALITY ENHANCEMENT GRANTS FOR STATES AND
PARTNERSHIPS.
Part A of title II (20 U.S.C. 1021 et seq.) is amended to read as
follows:
``PART A--TEACHER QUALITY ENHANCEMENT GRANTS FOR STATES AND
PARTNERSHIPS
``SEC. 201. PURPOSES; DEFINITIONS.
``(a) Purposes.--The purposes of this part are to--
``(1) improve student achievement;
``(2) improve the quality of the current and future
teaching force by improving the preparation of prospective
teachers and enhancing professional development activities;
``(3) hold institutions of higher education accountable for
preparing highly qualified teachers; and
``(4) recruit qualified individuals, including minorities
and individuals from other occupations, into the teaching
force.
``(b) Definitions.--In this part:
``(1) Arts and sciences.--The term `arts and sciences'
means--
``(A) when referring to an organizational unit of
an institution of higher education, any academic unit
that offers 1 or more academic majors in disciplines or
content areas corresponding to the academic subject
areas in which teachers provide instruction; and
``(B) when referring to a specific academic subject
area, the disciplines or content areas in which
academic majors are offered by the arts and sciences
organizational unit.
``(2) Children from low-income families.--The term
`children from low-income families' means children as described
in section 1124(c)(1)(A) of the Elementary and Secondary
Education Act of 1965.
``(3) Early childhood education program.--The term `early
childhood education program' means a Head Start program or an
Early Head Start program carried out under the Head Start Act
(42 U.S.C. 9831 et seq.), a State licensed or regulated child
care program or school, or a State prekindergarten program that
serves children from birth through kindergarten and that
addresses the children's cognitive (including language, early
literacy, and pre-numeracy), social, emotional, and physical
development.
``(4) Early childhood educator.--The term `early childhood
educator' means an individual with primary responsibility for
the education of children in an early childhood education
program.
``(5) Educational service agency.--The term `educational
service agency' has the meaning given such term in section 9101
of the Elementary and Secondary Education Act of 1965.
``(6) Exemplary teacher.--The term `exemplary teacher' has
the meaning given such term in section 9101 of the Elementary
and Secondary Education Act of 1965.
``(7) High-need local educational agency.--The term `high-
need local educational agency' means a local educational agency
or educational service agency--
``(A)(i) that serves not fewer than 10,000 children
from low-income families;
``(ii) for which not less than 20 percent of the
children served by the agency are children from low-
income families; or
``(iii) with a total of less than 600 students in
average daily attendance at the schools that are served
by the agency and all of whose schools are designated
with a school locale code of 7 or 8, as determined by
the Secretary; and
``(B)(i) for which there is a high percentage of
teachers not teaching in the academic subject areas or
grade levels in which the teachers were trained to
teach; or
``(ii) for which there is a high teacher turnover
rate or a high percentage of teachers with emergency,
provisional, or temporary certification or licensure.
``(8) Highly qualified.--The term `highly qualified' has
the meaning given such term in section 9101 of the Elementary
and Secondary Education Act of 1965 and, with respect to
special education teachers, in section 602 of the Individuals
with Disabilities Education Act.
``(9) Professional development.--The term `professional
development' has the meaning given such term in section 9101 of
the Elementary and Secondary Education Act of 1965.
``(10) Scientifically based reading research.--The term
`scientifically based reading research' has the meaning given
such term in section 1208 of the Elementary and Secondary
Education Act of 1965.
``(11) Scientifically based research.--The term
`scientifically based research' has the meaning given such term
in section 9101 of the Elementary and Secondary Education Act
of 1965.
``(12) Teacher mentoring.--The term `teacher mentoring'
means mentoring of teachers through an established or
implemented program--
``(A) that includes qualifications for mentors;
``(B) that provides training for mentors;
``(C) that provides regular and ongoing
opportunities for mentors and mentees to observe each
other's teaching methods in classroom settings during
the school day;
``(D) in which the mentoring is provided by a
colleague who teaches in the same field, grade, or
subject as the mentee; and
``(E) that includes--
``(i) common planning time or regularly
scheduled collaboration with teachers in the
teachers' same field, grade, or subject area;
and
``(ii) additional professional development
opportunities.
``(13) Teaching skills.--The term `teaching skills' means
the ability to--
``(A) increase student achievement;
``(B) effectively convey and explain academic
subject matter;
``(C) employ strategies that--
``(i) are based on scientifically based
research;
``(ii) are specific to academic subject
matter; and
``(iii) focus on identification and
tailoring of academic instruction to students'
specific learning needs, particularly students
with disabilities, students who are limited
English proficient, and students who are gifted
and talented;
``(D) conduct ongoing assessment of student
learning;
``(E) effectively manage a classroom;
``(F) communicate and work with parents and
guardians, and involve parents and guardians in their
children's education; and
``(G) in the case of an early childhood educator,
use age appropriate strategies and practices for
children in early childhood education programs.
``SEC. 202. STATE GRANTS.
``(a) In General.--From amounts made available under section
209(a)(1) for a fiscal year, the Secretary is authorized to award
grants under this section, on a competitive basis, to eligible States
to enable the eligible States to carry out the activities described in
subsections (d) and (e).
``(b) Eligible State.--
``(1) Definition.--In this part, the term `eligible State'
means--
``(A) the Governor of a State; or
``(B) in the case of a State for which the
constitution or law of such State designates another
individual, entity, or agency in the State to be
responsible for teacher certification or licensure and
preparation activity, such individual, entity, or
agency.
``(2) Consultation.--The Governor or the individual,
entity, or agency designated under paragraph (1)(B) shall
consult with the Governor, State board of education, State
educational agency, State agency for higher education, or other
applicable State entities (including the State agency
responsible for early childhood education), as appropriate,
with respect to the activities assisted under this section,
including the development of the grant application and
implementation of the activities.
``(3) Construction.--Nothing in this subsection shall be
construed to negate or supersede the legal authority under
State law of any State agency, State entity, or State public
official over programs that are under the jurisdiction of the
agency, entity, or official.
``(c) Application.--To be eligible to receive a grant under this
section, an eligible State shall submit an application to the Secretary
that--
``(1) meets the requirement of this section;
``(2) demonstrates that the eligible State is in full
compliance with--
``(A) sections 206(b) and 207; and
``(B) if applicable, sections 207(b) and 208, as
such sections were in effect on the day before the date
of enactment of the Higher Education Amendments of
2005;
``(3) includes a description of how the eligible State
intends to use funds provided under this section;
``(4) includes measurable objectives for the use of the
funds provided under this section;
``(5) describes how funded activities will--
``(A) reduce shortages, if any, of--
``(i) highly qualified general and special
education teachers, including in low-income
urban and rural areas and in high-need academic
subject areas; and
``(ii) fully competent early childhood
educators; and
``(B) be consistent with State, local, and other
education reform activities that promote effective
teaching skills and student academic achievement and
consistent with State early learning standards for
early childhood education programs, including how
funded activities will support carrying out the
applicable requirements of the eligible State under
sections 1111 and 1119 of the Elementary and Secondary
Education Act of 1965, and section 612(a)(14) of the
Individuals with Disabilities Education Act;
``(6) contains an assurance that the eligible State will
carry out each of the intended uses of grant funds described in
paragraph (3);
``(7) describes the eligible State's--
``(A) current capacity to measure the effectiveness
of teacher preparation programs and professional
development activities within the State using available
statewide data;
``(B) activities to enhance or expand the
integration of existing data systems to better measure
the effectiveness of teacher preparation programs and
professional development activities within the State;
or
``(C) if such data systems do not exist, plans for
the development of an integrated statewide data system
to measure the effectiveness of teacher preparation
programs and professional development activities within
the State using available statewide data; and
``(8) contains such other information and assurances as the
Secretary may require.
``(d) Required Uses of Funds.--An eligible State that receives a
grant under this section shall use the grant funds to reform teacher
preparation requirements, to coordinate with State activities under
section 2113(c) of the Elementary and Secondary Education Act of 1965
and subsections (a) and (b) of section 654 of the Individuals with
Disabilities Education Act, and to ensure that current and prospective
teachers are highly qualified, by carrying out each of the following
activities:
``(1) Reforms.--Ensuring that all teacher preparation
programs in the State are preparing current or prospective
teachers to become highly qualified, to understand
scientifically based research and its applicability, and to use
technology effectively, including use of instructional
techniques to improve student academic achievement, by
assisting such programs--
``(A) in retraining faculty;
``(B) in designing (or redesigning) teacher
preparation programs so that such programs--
``(i) are based on rigorous academic
content and scientifically based research
(including scientifically based reading
research), and aligned with challenging State
academic content standards;
``(ii) promote effective teaching skills;
and
``(iii) promote understanding of effective
instructional strategies for students with
special needs, including students with
disabilities, students who are limited English
proficient, and students who are gifted and
talented;
``(C) in ensuring collaboration with departments,
programs, or units outside of the teacher preparation
program in relevant academic content areas to ensure a
successful combination of training in both teaching and
such content;
``(D) in developing high-quality, rigorous clinical
experiences (that include student teaching experience)
in which students participate while enrolled in a
teacher preparation program, lasting not less than 1
term, through dissemination of best practices,
technical assistance, or other relevant activities; and
``(E) in collecting and using data, in
collaboration with institutions of higher education,
schools, and local educational agencies, on teacher
retention rates, by school, to evaluate and strengthen
the effectiveness of the State's teacher support
system.
``(2) Certification or licensure requirements.--Reforming
teacher certification or licensure requirements to ensure
that--
``(A) teachers have the academic content knowledge
and teaching skills in the academic subject areas that
the teachers teach that are necessary to help students
meet challenging State student academic achievement
standards, as required under section 1111(b)(1) of the
Elementary and Secondary Education Act of 1965;
``(B) such requirements are aligned with
challenging State academic content standards, as
required under section 1111(b)(1) of the Elementary and
Secondary Education Act of 1965;
``(C) teacher certification and licensure
assessments are--
``(i) used for purposes for which such
assessments are valid and reliable;
``(ii) consistent with relevant,
professional, and technical standards; and
``(iii) aligned with the reporting
requirements of sections 205 and 206; and
``(D) such requirements for high-need academic
subject areas (such as reading, mathematics, science,
and foreign language, including less commonly taught
languages) and high-need areas (such as special
education, language instruction educational programs,
and early childhood education) exist and reflect
qualifications to help students meet high standards,
which may include the development of a State test for
such areas.
``(3) Evaluation.--
``(A) Annual evaluation.--An eligible State that
receives a grant under this section shall evaluate
annually the effectiveness of teacher preparation
programs and professional development activities within
the State. To the extent practicable, such evaluation
shall examine--
``(i) teachers' contributions to improving
student academic achievement, as measured by
State academic assessments required under
section 1111(b)(3) of the Elementary and
Secondary Education Act of 1965; and
``(ii) teacher mastery of the academic
subject matter the teachers teach.
``(B) Public reporting.--The eligible State shall
make the information described in subparagraph (A)
widely available through public means, such as posting
on the Internet, distribution to the media, and
distribution through public agencies, except such
reporting shall not be made in a case in which the
reporting of the data would reveal personally
identifiable information about a teacher or student.
``(C) Better measurement of effectiveness.--
``(i) In general.--An eligible State that
receives a grant under this section and does
not have the capacity to measure the
effectiveness of teacher preparation programs
and professional development activities within
the State using available statewide data, shall
use a portion of funds received under this
section to enhance or expand the integration of
existing data systems, as described in
subsection (c)(7)(B), or develop an integrated
statewide data system, as described in
subsection (c)(7)(C), to better measure and
provide information that will improve the
effectiveness of teacher preparation programs
on student learning and achievement, and the
impact of pre-service and ongoing professional
development on teacher placement and retention.
``(ii) Technical quality; student privacy;
funds from other sources.--In carrying out
clause (i), the eligible State shall ensure--
``(I) the technical quality of the
data system to maximize the validity,
reliability, and accessibility of the
data;
``(II) that student privacy is
protected and that individually
identifiable information about
students, their achievements, and their
families remains confidential, in
accordance with the Family Educational
Rights and Privacy Act of 1974; and
``(III) that funds provided under
this section are used to supplement
State efforts to enhance or expand the
integration of existing data systems or
to develop an integrated statewide data
system.
``(e) Allowable Uses of Funds.--An eligible State that receives a
grant under this section may use the grant funds to reform teacher
preparation requirements, to coordinate with State activities under
section 2113(c) of the Elementary and Secondary Education Act of 1965
and subsections (a) and (b) of section 654 of the Individuals with
Disabilities Education Act, and to ensure that current and future
teachers are highly qualified, by carrying out any of the following
activities:
``(1) Alternatives to traditional preparation for teaching
and state certification or licensure.--Providing prospective
teachers with alternative routes to State certification or
licensure and alternative route programs to become highly
qualified teachers through--
``(A) innovative approaches that reduce unnecessary
barriers to State certification or licensure while
producing highly qualified teachers;
``(B) a selective means for admitting individuals
into such programs that includes passage of State
approved teacher examinations in appropriate subject
areas;
``(C) programs that help prospective teachers
develop effective teaching skills and strategies
through knowledge of research-based information on the
learning process and learning practices;
``(D) programs that provide support to teachers
during the teachers' initial years in the profession;
and
``(E) alternative routes to State certification or
licensure of teachers for qualified individuals,
including mid-career professionals from other
occupations, paraprofessionals, former military
personnel, and recent college graduates with records of
academic distinction.
``(2) Innovative programs.--Planning and implementing
innovative programs to enhance the ability of institutions of
higher education, including charter colleges of education, or
university and local educational agency partnership schools, to
prepare highly qualified teachers, which programs shall--
``(A) permit flexibility in the manner in which the
institution of higher education meets State
requirements as long as graduates, during the
graduates' initial years in the profession, increase
student academic achievement;
``(B) provide a description in the application of
long-term data gathered from teachers' performance over
multiple years in the classroom regarding the teachers'
ability to increase student academic achievement;
``(C) ensure high-quality preparation of teachers
from underrepresented groups;
``(D) create performance measures that can be used
to document the effectiveness of innovative methods for
preparing highly qualified teachers; and
``(E) develop frameworks for exemplary induction
programs informed by research and best practices.
``(3) Teacher recruitment and retention.--Undertaking
activities that develop and implement effective mechanisms to
ensure that local educational agencies and schools are able to
recruit and retain highly qualified teachers, which may include
the following activities:
``(A) Performance based compensation.--Assisting
local educational agencies in developing--
``(i) performance systems that reward
teachers who increase student academic
achievement and take on additional
responsibilities, such as teacher mentoring and
serving as master teachers; and
``(ii) strategies that provide differential
and bonus pay in high-need local educational
agencies to recruit and retain--
``(I) principals;
``(II) highly qualified teachers
who teach in high-need academic subject
areas (such as reading, mathematics,
science, and foreign language,
including less commonly taught
languages);
``(III) highly qualified teachers
who teach in schools identified for
school improvement under section
1116(b) of the Elementary and Secondary
Education Act of 1965;
``(IV) highly qualified special
education teachers;
``(V) highly qualified teachers
specializing in teaching children who
are limited English proficient; and
``(VI) highly qualified teachers in
low-income urban and rural schools or
districts.
``(B) Additional mechanisms.--Developing and
implementing effective mechanisms to ensure that local
educational agencies and schools are able to--
``(i) address needs identified with respect
to--
``(I) underrepresented groups;
``(II) high-need academic subject
areas (such as reading, mathematics,
science, and foreign language,
including less commonly taught
languages);
``(III) high-need areas (such as
special education, language instruction
educational programs for limited
English proficient students, and early
childhood education);
``(IV) high-need communities, such
as rural and urban areas; and
``(V) high-need schools, including
schools with high rates of teacher
turnover;
``(ii) offer teacher mentoring for new
teachers during such teachers' initial years of
teaching; and
``(iii) provide access to ongoing
professional development and innovative
training opportunities for teachers and
administrators.
``(C) Teacher advancement.--Assisting local
educational agencies in developing teacher advancement
and retention initiatives that promote professional
growth and emphasize multiple career paths (such as
paths to becoming a highly qualified mentor teacher or
exemplary teacher) and pay differentiation.
``(D) Recruit qualified professionals.--Developing
recruitment programs or assisting local educational
agencies in--
``(i) recruiting qualified professionals
from other fields, including highly qualified
paraprofessionals (as defined in section 2102
of the Elementary and Secondary Education Act
of 1965); and
``(ii) providing such professionals with
alternative routes to teacher certification or
licensure.
``(E) Underrepresented populations.--Providing
increased opportunities for minorities, individuals
with disabilities, and other individuals
underrepresented in the teaching profession to become
highly qualified teachers.
``(F) Rural education recruitment and retention
programs.--Making grants to rural school districts, or
a consortia of rural school districts, to implement--
``(i) teacher recruitment strategies, which
may include tuition assistance, student loan
forgiveness, housing assistance, bonus pay, and
other effective approaches;
``(ii) teacher retention strategies, such
as mentoring programs and ongoing opportunities
for professional growth and advancement; and
``(iii) partnerships with institutions of
higher education designed to--
``(I) prepare beginning teachers to
teach; and
``(II) assist teachers (including
teachers who teach multiple subjects)
to become highly qualified.
``(4) Teacher scholarships and support.--Providing--
``(A) scholarships to help students, such as
individuals who have been accepted by, or who are
enrolled in, a program of undergraduate education or
initial teacher preparation at an institution of higher
education, pay the costs of tuition, room, board, and
other expenses of completing a teacher preparation
program, if--
``(i) the Secretary establishes such
requirements as the Secretary determines
necessary to ensure that recipients of
scholarships under this section who complete
teacher preparation programs--
``(I) subsequently teach in an
early childhood education program or a
high-need local educational agency for
a period of time equivalent to the
period of time for which the recipient
received scholarship assistance, plus
an additional 1 year; or
``(II) repay the amount of the
scholarship if the recipient does not
teach as described in subclause (I);
and
``(ii) the eligible State provides an
assurance that the eligible State will recruit
minority students to become highly qualified
teachers;
``(B) support services, if needed, to enable
scholarship recipients to complete postsecondary
education programs, or to move from a career outside of
the field of education into a teaching career; and
``(C) follow-up services to former scholarship
recipients during the recipients' initial years of
teaching.
``(5) Teacher removal.--Developing and implementing
effective mechanisms to ensure that local educational agencies
and schools are able to expeditiously remove incompetent or
unqualified teachers consistent with procedures to ensure due
process for the teachers.
``(6) Teacher effectiveness.--Developing--
``(A) systems to measure the effectiveness of
teacher preparation programs and professional
development programs; and
``(B) strategies to document gains in student
academic achievement or increases in teacher mastery of
the academic subject matter the teachers teach, as a
result of such programs.
``(7) Early childhood educators.--Developing strategies to
improve and expand teacher preparation programs for early
childhood educators to teach in early childhood education
programs.
``(8) Professional development.--Developing and enhancing
high-quality professional development, instructional materials,
and relevant educational materials.
``(9) Technology.--Assisting teachers to use technology
effectively, including use for instructional techniques and the
collection, management, and analysis of data to improve
teaching, learning, and decision making for the purpose of
increasing student academic achievement.
``(10) Areas of instructional shortage.--Increasing the
number of--
``(A) teachers in the classroom providing
instruction in high-need academic subject areas (such
as reading, mathematics, science, and foreign language,
including less commonly taught languages) and high-need
areas (such as special education, language instruction
educational programs for limited English proficient
students, and early childhood education); and
``(B) special education faculty dedicated to
preparing highly qualified special education teachers
at institutions of higher education.
``(11) Technical assistance.--Providing technical
assistance to low-performing programs of teacher preparation
within institutions of higher education identified under
section 207(a).
``(12) Evaluation support.--Performing data collection,
evaluation, and reporting to meet the requirements of
subsection (d)(3).
``(13) Professional advancement.--Developing a professional
advancement system to--
``(A) initiate or enhance a system in which highly
qualified teachers who pursue advanced licensure levels
are required to demonstrate increased competencies and
undertake increased responsibilities for increased
compensation as the teachers progress through levels
established by the State; or
``(B) provide opportunities for professional
growth, including through--
``(i) a nationally recognized advance
credentialing system; or
``(ii) special certification in advanced
placement or international baccalaureate
content, teaching gifted and talented students,
and pedagogy.
``(f) Supplement, Not Supplant.--Funds made available under this
section shall be used to supplement, and not supplant, other Federal,
State, and local funds that would otherwise be expended to carry out
activities under this section.
``SEC. 203. PARTNERSHIP GRANTS.
``(a) Grants.--From amounts made available under section 209(a)(2)
for a fiscal year, the Secretary is authorized to award grants under
this section, on a competitive basis, to eligible partnerships to
enable the eligible partnerships to carry out the activities described
in subsections (e) and (f).
``(b) Definitions.--
``(1) Eligible partnership.--
``(A) In general.--In this part, the term `eligible
partnership' means an entity that shall include--
``(i) a partner institution;
``(ii) a school of arts and sciences;
``(iii) a high-need local educational
agency and a school or a consortium of schools
served by the agency; and
``(iv) at least 1 individual or entity
described in subparagraph (B).
``(B) Additional individuals and entities.--In this
part, the term `eligible partnership' means an entity
that shall include at least 1 of the following:
``(i) A Governor.
``(ii) A State educational agency.
``(iii) A State board of education.
``(iv) A State agency for higher education.
``(v) A school or department within the
partner institution focusing on education,
psychology, human development, or a department
with comparable expertise in the disciplines of
teaching, learning, and child and adolescent
development.
``(vi) An institution of higher education
or a department within such institution, not
described in subparagraph (A).
``(vii) A public charter school.
``(viii) A public or private elementary
school or secondary school.
``(ix) A public or private nonprofit
educational organization.
``(x) A business.
``(xi) A science-, mathematics-, or
technology-oriented entity.
``(xii) An early childhood education
program.
``(xiii) A teacher organization.
``(xiv) An educational service agency.
``(xv) A consortium of local educational
agencies.
``(xvi) A nonprofit telecommunications
entity.
``(2) Partner institution.--In this section, the term
`partner institution' means an institution of higher education,
which may include a 2-year institution of higher education
offering a dual program with a 4-year institution of higher
education, that has a teacher preparation program--
``(A) whose graduates exhibit strong performance on
State-determined qualifying assessments for new
teachers through--
``(i) demonstrating that 80 percent or more
of the graduates of the program who intend to
enter the field of teaching have passed all of
the applicable State qualification assessments
for new teachers, which shall include an
assessment of each prospective teacher's
subject matter knowledge in the content area in
which the teacher intends to teach; or
``(ii) being ranked among the highest-
performing teacher preparation programs in the
State as determined by the State--
``(I) using criteria consistent
with the requirements for the State
report card under section 206(b); and
``(II) using the State report card
on teacher preparation required under
section 206(b), after the first
publication of such report card and for
every year thereafter; or
``(B) that requires all the students of the program
to meet high academic standards and participate in
intensive clinical experience, and--
``(i) in the case of secondary school
candidates, to successfully complete--
``(I) a major or its equivalent in
coursework in the academic subject area
in which the candidate intends to
teach; or
``(II) a related major in the
academic subject area in which the
candidate intends to teach;
``(ii) in the case of elementary school
candidates, to successfully complete--
``(I) an academic major or its
equivalent in coursework in the arts
and sciences; or
``(II) a major in elementary
education with a significant amount of
coursework in the arts and sciences;
and
``(iii) in the case of early childhood
educators, to become fully competent and meet
degree requirements, as established by the
State.
``(c) Application.--Each eligible partnership desiring a grant
under this section shall submit an application to the Secretary at such
time, in such manner, and accompanied by such information as the
Secretary may require. Each such application shall contain--
``(1) a needs assessment of all the partners with respect
to the preparation, induction, and professional development of
early childhood educators, general and special education
teachers, and principals;
``(2) a description of the extent to which the teacher
preparation program of the eligible partnership prepares new
teachers with effective teaching skills;
``(3) a description of how the eligible partnership will
coordinate with other teacher preparation or professional
development programs, including those funded under the
Elementary and Secondary Education Act of 1965 and the
Individuals with Disabilities Education Act, and how the
activities of the eligible partnership will be consistent with
State, local, and other education reform activities that
promote student achievement;
``(4) a resource assessment that describes the resources
available to the eligible partnership, the intended use of the
grant funds (including a description of how the grant funds
will be fairly distributed), and the commitment of the
resources of the eligible partnership to the activities
assisted under this part, including financial support, faculty
participation, time commitments, and continuation of the
activities when the grant period ends;
``(5) a description of--
``(A) how the eligible partnership will meet the
purposes of this part;
``(B) how the eligible partnership will carry out
the activities required under subsection (e) and any
permissible activities under subsection (f);
``(C) the eligible partnership's evaluation plan
pursuant to section 205(b);
``(D) how the eligible partnership will align the
teacher preparation program with the challenging
student academic achievement standards, State early
learning standards for early childhood education
programs (where applicable), and challenging academic
content standards, established by the State in which
the partnership is located;
``(E) how faculty of the teacher preparation
program at the partner institution will serve, over the
period of the grant, with highly qualified teachers in
the classrooms of the high-need local educational
agency included in the eligible partnership;
``(F) how the eligible partnership will ensure that
teachers, principals, and superintendents in all
schools (including private schools, as appropriate)
located in the geographic areas served by an eligible
partnership under this section are provided information
about the activities carried out with funds under this
section, including through electronic means;
``(G) how the eligible partnership will design,
implement, or enhance the clinical program component,
including promoting close supervision of student
teachers by faculty of the teacher preparation program
and mentor teachers while in the program and during the
student teachers' initial years of teaching if hired by
schools included in the eligible partnership;
``(H) how the eligible partnership will develop or
enhance an induction program that includes high-quality
professional development to support new teachers during
the teachers' initial years of teaching that includes
teacher mentoring and collaborating with teachers in
the same grade, department, or field; and
``(I) how the eligible partnership will collect,
analyze, use, and disseminate data on the retention of
all teachers in schools located in the geographic areas
served by the eligible partnership to evaluate the
effectiveness of its teacher support system; and
``(6) an assurance that the eligible partnership will carry
out each of the activities described in paragraph (5).
``(d) Consultation.--
``(1) In general.--Members of an eligible partnership that
receives a grant under this section shall engage in regular
consultation throughout the development and implementation of
programs and activities under this section.
``(2) Regular communication.--To ensure timely and
meaningful consultation, regular communication shall occur
among all members of the eligible partnership, including the
high-need local educational agency. Such communication shall
continue throughout the implementation of the grant and the
assessment of programs and activities under this section.
``(3) Written consent.--The Secretary may approve changes
in grant activities only if a written consent signed by all
members of the eligible partnership is submitted to the
Secretary.
``(e) Required Uses of Funds.--An eligible partnership that
receives a grant under this section shall use the grant funds to carry
out each of the following activities:
``(1) Reforms.--Ensuring that each teacher preparation
program and each early childhood educator preparation program,
where applicable, of the eligible partnership that is assisted
under this section addresses the needs identified in the needs
assessment of the partnership and is preparing current or
prospective teachers to be highly qualified, and, where
applicable, early childhood educators to be fully competent, to
understand scientifically based research and its applicability,
and to use technology effectively, including use of
instructional techniques to improve student academic
achievement, and in the case of early childhood educators,
techniques to improve children's cognitive, social, emotional,
and physical development, by assisting such programs--
``(A) in retraining faculty;
``(B) in designing (or redesigning) teacher
preparation programs so that such programs--
``(i) are based on rigorous academic
content and scientifically based research
(including scientifically based reading
research), and aligned with challenging State
academic content standards, as required under
section 1111(b)(1) of the Elementary and
Secondary Education Act of 1965, and for early
childhood educators, aligned with State early
learning standards;
``(ii) promote effective teaching skills;
``(iii) promote understanding of effective
instructional strategies for students with
special needs, including students with
disabilities, students who are limited English
proficient, students who are gifted and
talented, and children in early childhood
education programs; and
``(iv) promote high-quality mathematics,
science, and foreign language instruction,
where applicable;
``(C) in ensuring collaboration with departments,
programs, or units outside of the teacher preparation
program in all academic content areas to ensure a
successful combination of training in both teaching and
such content; and
``(D) in developing high-quality, rigorous clinical
experiences, lasting not less than 1 term, through
dissemination of best practices, technical assistance,
or other relevant activities.
``(2) Clinical experience and interaction.--Improving
sustained and high-quality preservice clinical experiences,
including--
``(A) providing teacher mentoring; and
``(B) substantially increasing interaction between
faculty at institutions of higher education and new and
experienced teachers, principals, and other
administrators at elementary schools or secondary
schools, and providing support, including preparation
time and release time, for such interaction.
``(3) Support programs for new teachers.--Creating a
program to support new teachers during the initial years of
teaching (for not less than 1 year and not more than 3 years).
Such program shall promote effective teaching skills and may
include the following components:
``(A) Development of skills in educational
interventions based on scientifically based research.
``(B) Development of knowledge of scientifically
based research on teaching and learning.
``(C) Inclusion of faculty who model the
integration of research and practice in the classroom.
``(D) Opportunities for--
``(i) high-quality teacher mentoring; and
``(ii) additional professional development,
dissemination of evidence-based research on
educational practices, and professional
development activities.
``(E) Interdisciplinary collaboration among
exemplary teachers, faculty, researchers, and other
staff who prepare new teachers in the learning process
and the assessment of learning.
``(f) Allowable Uses of Funds.--An eligible partnership that
receives a grant under this section may use the grant funds to carry
out any of the following activities that address the needs identified
in the needs assessment:
``(1) Alternatives to traditional preparation for teaching
and state certification or licensure.--The activity described
in section 202(e)(1).
``(2) Dissemination and coordination.--Broadly
disseminating information on effective practices used by the
eligible partnership, and coordinating with the recruitment and
training activities of the Governor, State board of education,
State agency for higher education, State agency responsible for
early childhood education, and State educational agency, as
appropriate.
``(3) Innovative programs.--Developing innovative programs
designed to provide graduates of programs funded under this
title with opportunities to continue their education through
supports and opportunities to improve instructional practices
in the initial years of teaching, including the following:
``(A) Internships.--
``(i) Teacher preparation enhancement
internship.--Developing a 1-year paid
internship program for students who have
completed an initial teacher preparation
program, or alternative routes to State
certification or licensure program, to enable
such students to develop the skills and
experience necessary for success in teaching,
including providing intensive clinical training
and combining in-service instruction in teacher
methods and assessments with classroom
observations, experiences, and practices. Such
interns shall have a reduced teaching load and
a mentor for assistance in the classroom.
``(ii) Mid-career professional
internships.--Developing a 1-year paid
internship program for mid-career professionals
from other occupations, former military
personnel, and recent college graduates from
fields other than teacher preparation with
records of academic distinction to enable such
individuals to develop the skills and
experience necessary for success in teaching,
including providing intensive clinical training
and combining in-service instruction in teacher
methods and assessments with classroom
observations, experiences, and practices. Such
interns shall have a reduced teaching load and
a mentor for assistance in the classroom.
``(B) Residency programs for new teachers.--
Supporting teachers in a residency program that
provides an induction period for all new general
education and special education teachers that
includes--
``(i) a forum for information sharing among
prospective teachers, teachers, principals,
administrators, and participating faculty in
the partner institution; and
``(ii) the application of scientifically
based research on teaching and learning
generated by entities such as the Institute of
Education Sciences, and the National Research
Council of the National Academies.
``(C) Pathways for paraprofessionals to enter
teaching.--Creating intensive programs to provide the
coursework and clinical experiences needed by highly
qualified paraprofessionals, as defined in section 2102
of the Elementary and Secondary Education Act of 1965,
to qualify for State teacher certification or licensure
to become highly qualified teachers.
``(4) Managerial and leadership skills.--Developing and
implementing proven mechanisms to provide principals and
superintendents with effective managerial, leadership,
curricula, and instructional skills that result in increased
student academic achievement.
``(5) Teacher scholarships and support.--Providing--
``(A) scholarships to help students, such as
individuals who have been accepted by, or who are
enrolled in, a program of undergraduate education at an
institution of higher education, pay the costs of
tuition, room, board, and other expenses of completing
a teacher preparation program, if--
``(i) the Secretary establishes such
requirements as the Secretary determines
necessary to ensure that recipients of
scholarships under this paragraph who complete
teacher preparation programs--
``(I) subsequently teach in a high-
need local educational agency for a
period of time equivalent to the period
of time for which the recipient
received the scholarship assistance,
plus an additional 1 year; or
``(II) repay the amount of the
scholarship if the recipient does not
teach as described in subclause (I);
and
``(ii) the eligible partnership provides an
assurance that the eligible partnership will
recruit minority students to become highly
qualified teachers;
``(B) support services, if needed, to enable
scholarship recipients to complete postsecondary
education programs, or to transition from a career
outside of the field of education into a teaching
career; and
``(C) follow-up services for former scholarship
recipients during the recipients' initial years of
teaching.
``(6) Coordination with community colleges.--
``(A) Teacher preparation programs.--Coordinating
with 2-year institutions of higher education to
implement teacher preparation programs, including
through distance learning, for the purposes of allowing
prospective teachers--
``(i) to obtain a bachelor's degree and
State certification or licensure; and
``(ii) to become highly qualified teachers.
``(B) Professional development.--Coordinating with
2-year institutions of higher education to provide
professional development that--
``(i) improves the academic content
knowledge of teachers in the academic subject
areas in which the teachers are certified or
licensed to teach, or in which the teachers are
working toward certification or licensure to
teach; and
``(ii) promotes effective teaching skills.
``(7) Clinical experience in science, mathematics, and
technology.--Creating opportunities for clinical experience and
training for teachers and prospective teachers through
participation with professionals in business, research, and
work environments in areas relating to science, mathematics,
and technology, including opportunities for using laboratory
equipment.
``(8) Professional development.--Creating opportunities for
enhanced and ongoing professional development for experienced
general education and special education teachers, early
childhood educators, principals, administrators, and faculty.
``(9) Technology.--The activity described in section
202(e)(9).
``(10) Areas of instructional shortage.--Increasing the
number of--
``(A) teachers in the classroom providing
instruction in high-need academic subject areas (such
as reading, mathematics, science, and foreign language,
including less commonly taught languages), and high-
need areas (such as special education, language
instruction educational programs for limited English
proficient students, and early childhood education);
``(B) special education faculty dedicated to
preparing highly qualified special education teachers
at institutions of higher education; and
``(C) faculty at institutions of higher education
with expertise in instruction of students who are
limited English proficient.
``(11) Improving instruction.--Improving instruction by--
``(A) improving understanding and instruction in
core academic subjects and other, specialized courses,
such as geography, American history and government, and
world history; and
``(B) creating externships for teachers and
prospective teachers for field experience and training
through participation in business, research, and work
environments in high-need academic subject areas (such
as reading, mathematics, science, and foreign language,
including less commonly taught languages) and high-need
areas (such as special education, language instruction
educational programs for limited English proficient
students, and early childhood education).
``(12) Graduate programs.--Developing, in collaboration
with departments, programs, or units of both academic content
and teacher education within a partner institution, master's
degree programs that meet the demonstrated needs of teachers in
the high-need local educational agency participating in the
eligible partnership for content expertise and teaching skills.
``(13) Literacy teacher training.--Establishing and
implementing a program that strengthens content knowledge and
teaching skills of secondary school teachers in literacy that--
``(A) provides teacher training and stipends for
literacy coaches who train classroom teachers to
implement literacy programs;
``(B) develops or redesigns rigorous research-based
curricula that are aligned with challenging State
academic content standards, as required under section
1111(b)(1) of the Elementary and Secondary Education
Act of 1965, and with postsecondary standards for
reading and writing;
``(C) provides training and stipends for teachers
to tutor students with intense individualized reading,
writing, and subject matter instruction during or
beyond the school day;
``(D) provides opportunities for teachers to plan
and assess instruction with other teachers, school
leaders, and faculty at institutions of higher
education; and
``(E) establishes an evaluation and accountability
plan for activities conducted under this paragraph to
measure the impact of such activities.
``(g) Construction.--Nothing in this section shall be construed to
prohibit an eligible partnership from using grant funds to coordinate
with the activities of eligible partnerships in other States or on a
regional basis through Governors, State boards of education, State
educational agencies, State agencies responsible for early childhood
education, local educational agencies, or State agencies for higher
education.
``(h) Supplement, Not Supplant.--Funds made available under this
section shall be used to supplement, and not supplant, other Federal,
State, and local funds that would otherwise be expended to carry out
activities under this section.
``SEC. 204. ADMINISTRATIVE PROVISIONS.
``(a) Duration; Number of Awards; Payments.--
``(1) Duration.--
``(A) Eligible states.--Grants awarded to eligible
States under this part shall be awarded for a period
not to exceed 3 years.
``(B) Eligible partnerships.--Grants awarded to
eligible partnerships under this part shall be awarded
for a period of 5 years.
``(2) Number of awards.--An eligible partnership may not
receive more than 1 grant during a 5-year period. Nothing in
this title shall be construed to prohibit an individual member,
that can demonstrate need, of an eligible partnership that
receives a grant under this title from entering into another
eligible partnership consisting of new members and receiving a
grant with such other eligible partnership before the 5-year
period described in the preceding sentence applicable to the
eligible partnership with which the individual member has first
partnered has expired.
``(3) Payments.--The Secretary shall make annual payments
of grant funds awarded under this part.
``(b) Peer Review.--
``(1) Panel.--The Secretary shall provide the applications
submitted under this part to a peer review panel for
evaluation. With respect to each application, the peer review
panel shall initially recommend the application for funding or
for disapproval.
``(2) Priority.--In recommending applications to the
Secretary for funding under this part, the panel shall--
``(A) with respect to grants under section 202,
give priority to eligible States--
``(i) that have innovative reforms to hold
institutions of higher education with teacher
preparation programs accountable for preparing
teachers to become highly qualified and have
effective teaching skills;
``(ii) that have innovative efforts aimed
at reducing the shortage of highly qualified
general and special education teachers,
including in low-income urban and rural areas
and in high-need academic subject areas (such
as reading, mathematics, science, and foreign
language, including less commonly taught
languages); and
``(iii) whose awards promote an equitable
geographic distribution of grants among rural
and urban areas; and
``(B) with respect to grants under section 203,
give priority--
``(i) to applications from broad-based
eligible partnerships that involve businesses
and community organizations; and
``(ii) to eligible partnerships so that the
awards promote an equitable geographic
distribution of grants among rural and urban
areas.
``(3) Secretarial selection.--The Secretary shall
determine, based on the peer review process, which applications
shall receive funding and the amounts of the grants. In
determining grant amounts, the Secretary shall take into
account the total amount of funds available for all grants
under this part and the types of activities proposed to be
carried out.
``(c) Matching Requirements.--
``(1) State grants.--Each eligible State receiving a grant
under section 202 shall provide, from non-Federal sources, an
amount equal to 50 percent of the amount of the grant (in cash
or in kind) to carry out the activities supported by the grant.
``(2) Partnership grants.--Each eligible partnership
receiving a grant under section 203 shall provide, from non-
Federal sources (in cash or in kind), an amount equal to 25
percent of the amount of the grant for the first year of the
grant, 35 percent of the amount of the grant for the second
year of the grant, and 50 percent of the amount of the grant
for each succeeding year of the grant.
``(d) Limitation on Administrative Expenses.--An eligible State or
eligible partnership that receives a grant under this part may use not
more than 2 percent of the grant funds for purposes of administering
the grant.
``(e) Additional Activities.--The Secretary shall use funds repaid
pursuant to section 202(e)(4)(A)(i)(II) or section 203(f)(5)(A)(i)(II)
to carry out additional activities under section 202 or 203,
respectively.
``SEC. 205. ACCOUNTABILITY AND EVALUATION.
``(a) State Grant Accountability Report.--An eligible State that
receives a grant under section 202 shall submit an annual
accountability report to the Secretary and the authorizing committees.
Such report shall include a description of the degree to which the
eligible State, in using funds provided under such section, has made
progress in meeting the purposes of this part and substantial progress
in meeting the following goals, as applicable:
``(1) Student academic achievement.--Increasing student
academic achievement for all students as defined by the
eligible State.
``(2) Raising standards.--Raising the State academic
standards required to enter the teaching profession as a highly
qualified teacher, and where applicable, as a fully competent
early childhood educator.
``(3) Initial certification or licensure.--Improving the
pass rates and scaled scores for initial State teacher
certification or licensure, or increasing the numbers of
qualified individuals being certified or licensed as teachers
through alternative routes to State certification or licensure
programs.
``(4) Percentage of highly qualified teachers.--Providing
data on the progress of the State towards meeting the highly
qualified teacher requirements under section 1119(a)(2) of the
Elementary and Secondary Education Act of 1965.
``(5) Decreasing teacher shortages.--Decreasing shortages
of--
``(A) highly qualified teachers in--
``(i) low-income urban and rural areas;
``(ii) high-need academic subject areas
(such as reading, mathematics, science, and
foreign language, including less commonly
taught languages);
``(iii) special education; and
``(iv) high-need areas (such as special
education, language instruction educational
programs for limited English proficient
students, and early childhood education); and
``(B) fully competent early childhood educators.
``(6) Increasing opportunities for professional
development.--Increasing opportunities for enhanced and ongoing
professional development that--
``(A) improves the academic content knowledge of
teachers in the academic subject areas in which the
teachers are certified or licensed to teach or in which
the teachers are working toward certification or
licensure to teach; and
``(B) promotes effective teaching skills.
``(b) Eligible Partnership Evaluation.--Each eligible partnership
submitting an application for a grant under section 203 shall establish
and include in such application, an evaluation plan that includes
strong performance objectives. The plan shall include objectives and
measures for increasing--
``(1) student achievement for all students as measured by
the eligible partnership;
``(2) teacher retention in the first 3 years of a teacher's
career;
``(3) improvement in the pass rates and scaled scores for
initial State certification or licensure of teachers;
``(4) the percentage of highly qualified teachers hired by
the high-need local educational agency participating in the
eligible partnership; and
``(5) the percentage of--
``(A) highly qualified teachers among
underrepresented groups, in high-need academic subject
areas (such as reading, mathematics, science, and
foreign language, including less commonly taught
languages), in high-need areas (such as special
education, language instruction educational programs
for limited English proficient students, and early
childhood education), and in high-need schools;
``(B) elementary school, middle school, and
secondary school classes taught by teachers who are
highly qualified;
``(C) early childhood education program classes
taught by providers who are fully competent; and
``(D) highly qualified special education teachers.
``(c) Revocation of Grant.--
``(1) Eligible states.--If the Secretary determines that an
eligible State is not making substantial progress in meeting
the purposes, goals, objectives, and measures, as appropriate,
by the end of the second year of a grant under this part, then
the grant payment shall not be made for the third year of the
grant.
``(2) Eligible partnerships.--If the Secretary determines
that an eligible partnership is not making substantial progress
in meeting the purposes, goals, objectives, and measures, as
appropriate, by the end of the third year of a grant under this
part, then the grant payments shall not be made for any
succeeding year of the grant.
``(d) Evaluation and Dissemination.--The Secretary shall evaluate
the activities funded under this part and report the Secretary's
findings regarding the activities to the authorizing committees. The
Secretary shall broadly disseminate--
``(1) successful practices developed by eligible States and
eligible partnerships under this part; and
``(2) information regarding such practices that were found
to be ineffective.
``SEC. 206. ACCOUNTABILITY FOR PROGRAMS THAT PREPARE TEACHERS.
``(a) Institutional and Program Report Cards on the Quality of
Teacher Preparation.--
``(1) Report card.--Each institution of higher education
that conducts a traditional teacher preparation program or
alternative routes to State certification or licensure program
and that enrolls students receiving Federal assistance under
this Act shall report annually to the State and the general
public, in a uniform and comprehensible manner that conforms
with the definitions and methods established by the Secretary,
both for traditional teacher preparation programs and
alternative routes to State certification or licensure
programs, the following information:
``(A) Pass rates and scaled scores.--For the most
recent year for which the information is available for
those students who took the assessments and are
enrolled in the traditional teacher preparation program
or alternative routes to State certification or
licensure program, and for those who have taken the
assessments and have completed the traditional teacher
preparation program or alternative routes to State
certification or licensure program during the 2-year
period preceding such year, for each of the assessments
used for teacher certification or licensure by the
State in which the program is located--
``(i) the percentage of students who have
completed 100 percent of the nonclinical
coursework and taken the assessment who pass
such assessment;
``(ii) the percentage of all such students
who passed each such assessment;
``(iii) the percentage of students taking
an assessment who completed the teacher
preparation program after enrolling in the
program, which shall be made available widely
and publicly by the State;
``(iv) the average scaled score for all
students who took each such assessment;
``(v) a comparison of the program's pass
rates with the average pass rates for programs
in the State; and
``(vi) a comparison of the program's
average scaled scores with the average scaled
scores for programs in the State.
``(B) Program information.--The criteria for
admission into the program, the number of students in
the program (disaggregated by race and gender), the
average number of hours of supervised clinical
experience required for those in the program, the
number of full-time equivalent faculty and students in
the supervised clinical experience, and the total
number of students who have been certified or licensed
as teachers, disaggregated by subject and area of
certification or licensure.
``(C) Statement.--In States that require approval
or accreditation of teacher preparation programs, a
statement of whether the institution's program is so
approved or accredited, and by whom.
``(D) Designation as low-performing.--Whether the
program has been designated as low-performing by the
State under section 207(a).
``(E) Use of technology.--A description of the
activities that prepare teachers to effectively
integrate technology into curricula and instruction and
effectively use technology to collect, manage, and
analyze data in order to improve teaching, learning,
and decision making for the purpose of increasing
student academic achievement.
``(2) Report.--Each eligible partnership receiving a grant
under section 203 shall report annually on the progress of the
eligible partnership toward meeting the purposes of this part
and the objectives and measures described in section 205(b).
``(3) Fines.--The Secretary may impose a fine not to exceed
$25,000 on an institution of higher education for failure to
provide the information described in this subsection in a
timely or accurate manner.
``(4) Special rule.--In the case of an institution of
higher education that conducts a traditional teacher
preparation program or alternative routes to State
certification or licensure program and has fewer than 10 scores
reported on any single initial teacher certification or
licensure assessment during an academic year, the institution
shall collect and publish information, as required under
paragraph (1)(A), with respect to an average pass rate and
scaled score on each State certification or licensure
assessment taken over a 3-year period.
``(b) State Report Card on the Quality of Teacher Preparation.--
``(1) In general.--Each State that receives funds under
this Act shall provide to the Secretary, annually, in a uniform
and comprehensible manner that conforms with the definitions
and methods established by the Secretary, a State report card
on the quality of teacher preparation in the State, both for
traditional teacher preparation programs and for alternative
routes to State certification or licensure programs, which
shall include not less than the following:
``(A) A description of reliability and validity of
the teacher certification and licensure assessments,
and any other certification and licensure requirements,
used by the State.
``(B) The standards and criteria that prospective
teachers must meet in order to attain initial teacher
certification or licensure and to be certified or
licensed to teach particular academic subject areas or
in particular grades within the State.
``(C) A description of how the assessments and
requirements described in subparagraph (A) are aligned
with the State's challenging academic content standards
required under section 1111(b)(1) of the Elementary and
Secondary Education Act of 1965 and State early
learning standards for early childhood education
programs.
``(D) For each of the assessments used by the State
for teacher certification or licensure--
``(i) for each institution of higher
education located in the State and each entity
located in the State that offers an alternative
route for teacher certification or licensure,
the percentage of students at such institution
or entity who have completed 100 percent of the
nonclinical coursework and taken the assessment
who pass such assessment;
``(ii) the percentage of all such students
at all such institutions taking the assessment
who pass such assessment; and
``(iii) the percentage of students taking
an assessment who completed the teacher
preparation program after enrolling in the
program, which shall be made available widely
and publicly by the State.
``(E) A description of alternative routes to State
certification or licensure in the State (including any
such routes operated by entities that are not
institutions of higher education), if any, including,
for each of the assessments used by the State for
teacher certification or licensure--
``(i) the percentage of individuals
participating in such routes, or who have
completed such routes during the 2-year period
preceding the date of the determination, who
passed each such assessment; and
``(ii) the average scaled score of
individuals participating in such routes, or
who have completed such routes during the
period preceding the date of the determination,
who took each such assessment.
``(F) A description of the State's criteria for
assessing the performance of teacher preparation
programs within institutions of higher education in the
State. Such criteria shall include indicators of the
academic content knowledge and teaching skills of
students enrolled in such programs.
``(G) For each teacher preparation program in the
State, the criteria for admission into the program, the
number of students in the program, disaggregated by
race and gender (except that such disaggregation shall
not be required in a case in which the number of
students in a category is insufficient to yield
statistically reliable information or the results would
reveal personally identifiable information about an
individual student), the average number of hours of
supervised clinical experience required for those in
the program, and the number of full-time equivalent
faculty, adjunct faculty, and students in supervised
clinical experience.
``(H) For the State as a whole, and for each
teacher preparation program in the State, the number of
teachers prepared, in the aggregate and reported
separately by--
``(i) area of certification or licensure;
``(ii) academic major; and
``(iii) subject area for which the teacher
has been prepared to teach.
``(I) Using the data generated under subparagraphs
(G) and (H), a description of the extent to which
teacher preparation programs are helping to address
shortages of highly qualified teachers, by area of
certification or licensure, subject, and specialty, in
the State's public schools, including those areas
described in section 205(a)(5).
``(J) A description of the activities that prepare
teachers to effectively integrate technology into
curricula and instruction and effectively use
technology to collect, manage, and analyze data in
order to improve teaching, learning, and decision
making for the purpose of increasing student academic
achievement.
``(2) Prohibition against creating a national list.--The
Secretary shall not create a national list or ranking of
States, institutions, or schools using the scaled scores
provided under this subsection.
``(c) Report of the Secretary on the Quality of Teacher
Preparation.--
``(1) Report card.--The Secretary shall provide to
Congress, and publish and make widely available, a report card
on teacher qualifications and preparation in the United States,
including all the information reported in subparagraphs (A)
through (J) of subsection (b)(1). Such report shall identify
States for which eligible States and eligible partnerships
received a grant under this part. Such report shall be so
provided, published, and made available annually.
``(2) Report to congress.--The Secretary shall prepare and
submit a report to Congress that contains the following:
``(A) A comparison of States' efforts to improve
the quality of the current and future teaching force.
``(B) A comparison of eligible partnerships'
efforts to improve the quality of the current and
future teaching force.
``(C) The national mean and median scaled scores
and pass rate on any standardized test that is used in
more than 1 State for teacher certification or
licensure.
``(3) Special rule.--In the case of a teacher preparation
program with fewer than 10 scores reported on any single
initial teacher certification or licensure assessment during an
academic year, the Secretary shall collect and publish
information, and make publicly available, with respect to an
average pass rate and scaled score on each State certification
or licensure assessment taken over a 3-year period.
``(d) Coordination.--The Secretary, to the extent practicable,
shall coordinate the information collected and published under this
part among States for individuals who took State teacher certification
or licensure assessments in a State other than the State in which the
individual received the individual's most recent degree.
``SEC. 207. STATE FUNCTIONS.
``(a) State Assessment.--In order to receive funds under this Act,
a State shall have in place a procedure to identify and assist, through
the provision of technical assistance, low-performing programs of
teacher preparation. Such State shall provide the Secretary an annual
list of such low-performing teacher preparation programs that includes
an identification of those programs at risk of being placed on such
list. Such levels of performance shall be determined solely by the
State and may include criteria based on information collected pursuant
to this part. Such assessment shall be described in the report under
section 206(b).
``(b) Termination of Eligibility.--Any program of teacher
preparation from which the State has withdrawn the State's approval, or
terminated the State's financial support, due to the low performance of
the program based upon the State assessment described in subsection
(a)--
``(1) shall be ineligible for any funding for professional
development activities awarded by the Department;
``(2) shall not be permitted to accept or enroll any
student that receives aid under title IV in the institution's
teacher preparation program; and
``(3) shall provide transitional support, including
remedial services if necessary, for students enrolled at the
institution at the time of termination of financial support or
withdrawal of approval.
``(c) Negotiated Rulemaking.--If the Secretary develops any
regulations implementing subsection (b)(2), the Secretary shall submit
such proposed regulations to a negotiated rulemaking process, which
shall include representatives of States, institutions of higher
education, and educational and student organizations.
``(d) Application of the Requirements.--The requirements of this
section shall apply to both traditional teacher preparation programs
and alternative routes to State certification and licensure programs.
``SEC. 208. GENERAL PROVISIONS.
``(a) Methods.--In complying with sections 206 and 207, the
Secretary shall ensure that States and institutions of higher education
use fair and equitable methods in reporting and that the reporting
methods do not allow identification of individuals.
``(b) Special Rule.--For each State that does not use content
assessments as a means of ensuring that all teachers teaching in core
academic subjects within the State are highly qualified not later than
the end of the 2005-2006 school year, as required under section 1119 of
the Elementary and Secondary Education Act of 1965, and that each
person employed as a special education teacher in the State who teaches
elementary school, middle school, or secondary school is highly
qualified by such deadline, as required under section 612(a)(14)(C) of
the Individuals with Disabilities Education Act,--
``(1) the Secretary shall, to the extent practicable,
collect data comparable to the data required under this part
from States, local educational agencies, institutions of higher
education, or other entities that administer such assessments
to teachers or prospective teachers; and
``(2) notwithstanding any other provision of this part, the
Secretary shall use such data to carry out requirements of this
part related to assessments, pass rates, and scaled scores.
``(c) Limitations.--
``(1) Federal control prohibited.--Nothing in this title
shall be construed to permit, allow, encourage, or authorize
any Federal control over any aspect of any private, religious,
or home school, whether or not a home school is treated as a
private school or home school under State law. This section
shall not be construed to prohibit private, religious, or home
schools from participation in programs or services under this
title.
``(2) No change in state control encouraged or required.--
Nothing in this title shall be construed to encourage or
require any change in a State's treatment of any private,
religious, or home school, whether or not a home school is
treated as a private school or home school under State law.
``(3) National system of teacher certification or licensure
prohibited.--Nothing in this title shall be construed to
permit, allow, encourage, or authorize the Secretary to
establish or support any national system of teacher
certification or licensure.
``(d) Release of Information to Teacher Preparation Programs.--
``(1) In general.--For the purpose of improving teacher
preparation programs, a State educational agency shall provide
to a teacher preparation program, upon the request of the
teacher preparation program, any and all pertinent education-
related information that--
``(A) may enable the teacher preparation program to
evaluate the effectiveness of the program's graduates
or the program itself; and
``(B) is possessed, controlled, or accessible by
the State educational agency.
``(2) Content of information.--The information described in
paragraph (1)--
``(A) shall include an identification of specific
individuals who graduated from the teacher preparation
program to enable the teacher preparation program to
evaluate the information provided to the program from
the State educational agency with the program's own
data about the specific courses taken by, and field
experiences of, the individual graduates; and
``(B) may include--
``(i) kindergarten through grade 12
academic achievement and demographic data,
without revealing personally identifiable
information about an individual student, for
students who have been taught by graduates of
the teacher preparation program; and
``(ii) teacher effectiveness evaluations
for teachers who graduated from the teacher
preparation program.
``SEC. 209. AUTHORIZATION OF APPROPRIATIONS.
``(a) In General.--There are authorized to be appropriated to carry
out this part such sums as may be necessary for fiscal year 2006 and
each of the 5 succeeding fiscal years, of which--
``(1) 50 percent shall be available for each fiscal year to
award grants under section 202; and
``(2) 50 percent shall be available for each fiscal year to
award grants under section 203.
``(b) Special Rule.--If the Secretary determines that there is an
insufficient number of meritorious applications for grants under
section 202 or 203 to justify awarding the full amount described in
paragraph (1) or (2) of subsection (a), respectively, the Secretary
may, after funding the meritorious applications, use the remaining
funds for grants under the other such section.''.
TITLE III--INSTITUTIONAL AID
SEC. 301. PROGRAM PURPOSE.
Section 311 (20 U.S.C. 1057) is amended--
(1) in subsection (b)--
(A) in paragraph (1), by striking ``351'' and
inserting ``391''; and
(B) in paragraph (3)(F), by inserting ``, including
services that will assist in the education of special
populations'' before the period; and
(2) in subsection (c)--
(A) in paragraph (6), by inserting ``, including
innovative, customized, remedial education and English
language instruction courses designed to help retain
students and move the students rapidly into core
courses and through program completion'' before the
period;
(B) by redesignating paragraphs (7) through (12) as
paragraphs (8) through (13), respectively;
(C) by inserting after paragraph (6) the following:
``(7) Education or counseling services designed to improve
the financial literacy and economic literacy of students or the
students' parents.''; and
(D) in the matter preceding subparagraph (A) of
paragraph (13) (as redesignated by subparagraph (B)),
by striking ``subsection (c)'' and inserting
``subsection (b) and section 391''.
SEC. 302. DEFINITIONS; ELIGIBILITY.
Section 312 (20 U.S.C. 1058) is amended--
(1) in subsection (b)(1)(A), by striking ``subsection (c)
of this section'' and inserting ``subsection (d)''; and
(2) in subsection (d)(2), by striking ``subdivision'' and
inserting ``paragraph''.
SEC. 303. AMERICAN INDIAN TRIBALLY CONTROLLED COLLEGES AND
UNIVERSITIES.
Section 316 (20 U.S.C. 1059c) is amended--
(1) by striking subsection (b)(3) and inserting the
following:
``(3) Tribal college or university.--The term `Tribal
College or University' means an institution that--
``(A) qualifies for funding under the Tribally
Controlled College or University Assistance Act of 1978
(25 U.S.C. 1801 et seq.) or the Navajo Community
College Assistance Act of 1978 (25 U.S.C. 640a note);
or
``(B) is cited in section 532 of the Equity in
Educational Land-Grant Status Act of 1994 (7 U.S.C. 301
note).'';
(2) in subsection (c)(2)--
(A) in subparagraph (B), by inserting before the
semicolon at the end the following: ``and the
acquisition of real property adjacent to the campus of
the institution'';
(B) by redesignating subparagraphs (G), (H), (I),
(J), (K), and (L) as subparagraphs (H), (I), (J), (K),
(L), and (N), respectively;
(C) by inserting after subparagraph (F) the
following:
``(G) education or counseling services designed to
improve the financial literacy and economic literacy of
students or parents of students;'';
(D) in subparagraph (L) (as redesignated by
subparagraph (B)), by striking ``and'' after the
semicolon;
(E) by inserting after subparagraph (L) (as
redesignated by subparagraph (B)) the following:
``(M) developing or improving facilities for
Internet use or other distance learning academic
instruction capabilities; and''; and
(F) in subparagraph (N) (as redesignated by
subparagraph (B)), by striking ``subparagraphs (A)
through (K)'' and inserting ``subparagraphs (A) through
(M)''; and
(3) by striking subsection (d) and inserting the following:
``(d) Application, Plan, and Allocation.--
``(1) Institutional eligibility.--To be eligible to receive
assistance under this section, a Tribal College or University
shall be an eligible institution under section 312(b).
``(2) Application.--
``(A) In general.--A Tribal College or University
desiring to receive assistance under this section shall
submit an application to the Secretary at such time,
and in such manner, as the Secretary may reasonably
require.
``(B) Streamlined process.--The Secretary shall
establish application requirements in such a manner as
to simplify and streamline the process for applying for
grants.
``(3) Allocations to institutions.--
``(A) Construction grants.--
``(i) In general.--Of the amount
appropriated to carry out this section for any
fiscal year, the Secretary may reserve 30
percent for the purpose of awarding 1-year
grants of not less than $1,000,000 to address
construction, maintenance, and renovation needs
at eligible institutions.
``(ii) Preference.--In providing grants
under clause (i), the Secretary shall give
preference to eligible institutions that have
not yet received an award under this section.
``(B) Allotment of remaining funds.--
``(i) In general.--Except as provided in
clause (ii), the Secretary shall distribute the
remaining funds appropriated for any fiscal
year to each eligible institution as follows:
``(I) 60 percent of the remaining
appropriated funds shall be distributed
among the eligible Tribal Colleges and
Universities on a pro rata basis, based
on the respective Indian student counts
(as defined in section 2(a) of the
Tribally Controlled College or
University Assistance Act of 1978 (25
U.S.C. 1801(a)) of the Tribal Colleges
and Universities; and
``(II) the remaining 40 percent
shall be distributed in equal shares to
the eligible Tribal Colleges and
Universities.
``(ii) Minimum grant.--The amount
distributed to a Tribal College or University
under clause (i) shall not be less than
$500,000.
``(4) Special rules.--
``(A) Concurrent funding.--For the purposes of this
part, no Tribal College or University that is eligible
for and receives funds under this section shall
concurrently receive funds under other provisions of
this part or part B.
``(B) Exemption.--Section 313(d) shall not apply to
institutions that are eligible to receive funds under
this section.''.
SEC. 304. ALASKA NATIVE AND NATIVE HAWAIIAN-SERVING INSTITUTIONS.
Section 317(c)(2) (20 U.S.C. 1059d(c)(2)) is amended--
(1) in subparagraph (G), by striking ``and'' after the
semicolon;
(2) in subparagraph (H), by striking the period and
inserting ``; and''; and
(3) by adding at the end the following:
``(I) education or counseling services designed to
improve the financial literacy and economic literacy of
students or the students' parents.''.
SEC. 305. NATIVE AMERICAN-SERVING, NONTRIBAL INSTITUTIONS.
(a) Grant Program Authorized.--Part A of title III (20 U.S.C. 1057
et seq.) is amended by adding at the end the following:
``SEC. 318. NATIVE AMERICAN-SERVING, NONTRIBAL INSTITUTIONS.
``(a) Program Authorized.--The Secretary shall provide grants and
related assistance to Native American-serving, nontribal institutions
to enable such institutions to improve and expand their capacity to
serve Native Americans.
``(b) Definitions.--In this section:
``(1) Native american.--The term `Native American' means an
individual who is of a tribe, people, or culture that is
indigenous to the United States.
``(2) Native american-serving, nontribal institution.--The
term `Native American-serving, nontribal institution' means an
institution of higher education that, at the time of
application--
``(A) has an enrollment of undergraduate students
that is not less than 10 percent Native American
students; and
``(B) is not a Tribal College or University (as
defined in section 316).
``(c) Authorized Activities.--
``(1) Types of activities authorized.--Grants awarded under
this section shall be used by Native American-serving,
nontribal institutions to assist such institutions to plan,
develop, undertake, and carry out activities to improve and
expand such institutions' capacity to serve Native Americans.
``(2) Examples of authorized activities.--Such programs may
include--
``(A) the purchase, rental, or lease of scientific
or laboratory equipment for educational purposes,
including instructional and research purposes;
``(B) renovation and improvement in classroom,
library, laboratory, and other instructional
facilities;
``(C) support of faculty exchanges, and faculty
development and faculty fellowships to assist faculty
in attaining advanced degrees in the faculty's field of
instruction;
``(D) curriculum development and academic
instruction;
``(E) the purchase of library books, periodicals,
microfilm, and other educational materials;
``(F) funds and administrative management, and
acquisition of equipment for use in strengthening funds
management;
``(G) the joint use of facilities such as
laboratories and libraries; and
``(H) academic tutoring and counseling programs and
student support services.
``(d) Application Process.--
``(1) Institutional eligibility.--A Native American-
serving, nontribal institution desiring to receive assistance
under this section shall submit to the Secretary such
enrollment data as may be necessary to demonstrate that the
institution is a Native American-serving, nontribal
institution, along with such other information and data as the
Secretary may by regulation require.
``(2) Applications.--
``(A) Permission to submit applications.--Any
institution that is determined by the Secretary to be a
Native American-serving, nontribal institution may
submit an application for assistance under this section
to the Secretary.
``(B) Simplified and streamlined format.--The
Secretary shall, to the extent possible, prescribe a
simplified and streamlined format for applications
under this section that takes into account the limited
number of institutions that are eligible for assistance
under this section.
``(C) Content.--An application submitted under
subparagraph (A) shall include--
``(i) a 5-year plan for improving the
assistance provided by the Native American-
serving, nontribal institution to Native
Americans; and
``(ii) such other information and
assurances as the Secretary may require.
``(3) Special rules.--
``(A) Eligibility.--No Native American-serving,
nontribal institution that receives funds under this
section shall concurrently receive funds under other
provisions of this part or part B.
``(B) Exemption.--Section 313(d) shall not apply to
institutions that are eligible to receive funds under
this section.
``(C) Distribution.--In awarding grants under this
section, the Secretary shall, to the extent possible
and consistent with the competitive process under which
such grants are awarded, ensure maximum and equitable
distribution among all eligible institutions.''.
(b) Authorization of Appropriations.--Section 399 (20 U.S.C. 1068h)
is amended by adding at the end the following:
``(c) Minimum Grant Amount.--The minimum amount of a grant under
this title shall be $200,000.''.
SEC. 306. PART B DEFINITIONS.
Section 322(4) (20 U.S.C. 1061(4)) is amended by inserting ``, in
consultation with the Commissioner for Education Statistics'' before
``and the Commissioner''.
SEC. 307. GRANTS TO INSTITUTIONS.
Section 323(a) (20 U.S.C. 1062(a)) is amended--
(1) in the matter preceding paragraph (1), by striking
``360(a)(2)'' and inserting ``399(a)(2)'';
(2) by redesignating paragraphs (7) through (12) as
paragraphs (8) through (13), respectively; and
(3) by inserting after paragraph (6) the following:
``(7) Education or counseling services designed to improve
the financial literacy and economic literacy of students or the
students' parents.''.
SEC. 308. ALLOTMENTS TO INSTITUTIONS.
Section 324 (20 U.S.C. 1063) is amended by adding at the end the
following:
``(h) Special Rule on Eligibility.--Notwithstanding any other
provision of this section, a part B institution shall not receive an
allotment under this section unless the part B institution provides, on
an annual basis, data indicating that the part B institution--
``(1) enrolled Federal Pell Grant recipients in the
preceding academic year;
``(2) in the preceding academic year, has graduated
students from a program of academic study that is licensed or
accredited by a nationally recognized accrediting agency or
association recognized by the Secretary pursuant to part H of
title IV where appropriate; and
``(3) where appropriate, has graduated students who, within
the past 5 years, enrolled in graduate or professional
school.''.
SEC. 309. PROFESSIONAL OR GRADUATE INSTITUTIONS.
Section 326 (20 U.S.C. 1063b) is amended--
(1) in subsection (c)--
(A) in paragraph (2), by inserting ``, and for the
acquisition and development of real property that is
adjacent to the campus for such construction,
maintenance, renovation, or improvement'' after
``services'';
(B) by redesignating paragraphs (5) through (7) as
paragraphs (7) through (9), respectively;
(C) by inserting after paragraph (4) the following:
``(5) tutoring, counseling, and student service programs
designed to improve academic success;
``(6) education or counseling services designed to improve
the financial literacy and economic literacy of students or the
students' parents;'';
(D) in paragraph (7) (as redesignated by
subparagraph (B)), by striking ``establish or improve''
and inserting ``establishing or improving'';
(E) in paragraph (8) (as redesignated by
subparagraph (B))--
(i) by striking ``assist'' and inserting
``assisting''; and
(ii) by striking ``and'' after the
semicolon;
(F) in paragraph (9) (as redesignated by
subparagraph (B)), by striking the period and inserting
``; and''; and
(G) by adding at the end the following:
``(10) other activities proposed in the application
submitted under subsection (d) that--
``(A) contribute to carrying out the purposes of
this part; and
``(B) are approved by the Secretary as part of the
review and acceptance of such application.'';
(2) in subsection (e)--
(A) in paragraph (1)--
(i) by inserting a colon after ``the
following'';
(ii) in subparagraph (Q), by striking
``and'' at the end;
(iii) in subparagraph (R), by striking the
period and inserting a semicolon; and
(iv) by adding at the end the following:
``(S) Alabama State University qualified graduate
program;
``(T) Coppin State University qualified graduate
program; and
``(U) Prairie View A & M University qualified
graduate program.'';
(B) in paragraph (2), by inserting ``in law or''
after ``instruction''; and
(C) in paragraph (3)--
(i) by striking ``1998'' and inserting
``2006''; and
(ii) by striking ``(Q) and (R)'' and
inserting ``(S), (T), and (U)'';
(3) in subsection (f)--
(A) in paragraph (1), by striking ``(P)'' and
inserting ``(R)''; and
(B) in paragraph (3)--
(i) by striking subparagraphs (A) and (B)
and inserting the following:
``(A) The amount of non-Federal funds for the
fiscal year for which the determination is made that
the institution or program listed in subsection (e)--
``(i) allocates from institutional
resources;
``(ii) secures from non-Federal sources,
including amounts appropriated by the State and
amounts from the private sector; and
``(iii) will utilize to match Federal funds
awarded for the fiscal year for which the
determination is made under this section to the
institution or program.
``(B) The number of students enrolled in the
qualified graduate programs of the eligible institution
or program, for which the institution or program
received and allocated funding under this section in
the preceding year.'';
(ii) in subparagraph (C), by striking ``(or
the equivalent) enrolled in the eligible
professional or graduate school'' and all that
follows through the period and inserting
``enrolled in the qualified programs or
institutions listed in paragraph (1).'';
(iii) in subparagraph (D)--
(I) by striking ``students'' and
inserting ``Black American students or
minority students''; and
(II) by striking ``institution''
and inserting ``institution or
program''; and
(iv) by striking subparagraph (E) and
inserting the following:
``(E) The percentage that the total number of Black
American students and minority students who receive
their first professional, master's, or doctoral degrees
from the institution or program in the academic year
preceding the academic year for which the determination
is made, represents of the total number of Black
American students and minority students in the United
States who receive their first professional, master's,
or doctoral degrees in the professions or disciplines
related to the course of study at such institution or
program, respectively, in the preceding academic
year.''; and
(4) in subsection (g), by striking ``1998'' and inserting
``2006''.
SEC. 310. AUTHORIZATION OF APPROPRIATIONS.
Subsection (a) of section 399 (20 U.S.C. 1068h) is amended to read
as follows:
``(a) Authorizations.--
``(1) Part a.--(A) There are authorized to be appropriated
to carry out part A (other than section 316) such sums as may
be necessary for fiscal year 2006 and each of the 5 succeeding
fiscal years.
``(B) There are authorized to be appropriated to carry out
section 316 such sums as may be necessary for fiscal year 2006
and each of the 5 succeeding fiscal years.
``(C) There are authorized to be appropriated to carry out
section 317 such sums as may be necessary for fiscal year 2006
and each of the 5 succeeding fiscal years.
``(D) There are authorized to be appropriated to carry out
section 318 such sums as may be necessary for fiscal year 2006
and each of the 5 succeeding fiscal years.
``(2) Part b.--(A) There are authorized to be appropriated
to carry out part B (other than section 326) such sums as may
be necessary for fiscal year 2006 and each of the 5 succeeding
fiscal years.
``(B) There are authorized to be appropriated to carry out
section 326 such sums as may be necessary for fiscal year 2006
and each of the 5 succeeding fiscal years.
``(3) Part c.--There are authorized to be appropriated to
carry out part C such sums as may be necessary for fiscal year
2006 and each of the 5 succeeding fiscal years.
``(4) Part d.--(A) There are authorized to be appropriated
to carry out part D (other than section 345(7), but including
section 347) such sums as may be necessary for fiscal year 2006
and each of the 5 succeeding fiscal years.
``(B) There are authorized to be appropriated to carry out
section 345(7) such sums as may be necessary for fiscal year
2006 and each of the 5 succeeding fiscal years.
``(5) Part e.--There are authorized to be appropriated to
carry out part E such sums as may be necessary for fiscal year
2006 and each of the 5 succeeding fiscal years.''.
SEC. 311. TECHNICAL CORRECTIONS.
Title III (20 U.S.C. 1051 et seq.) is further amended--
(1) in section 342(5)(C) (20 U.S.C. 1066a(5)(C)), by
striking ``,,'' and inserting ``,'';
(2) in section 343(e) (20 U.S.C. 1066b(e)), by inserting
``Sale of Qualified Bonds.--'' before ``Notwithstanding'';
(3) in the matter preceding clause (i) of section 365(9)(A)
(20 U.S.C. 1067k(9)(A)), by striking ``support'' and inserting
``supports'';
(4) in section 391(b)(7)(E) (20 U.S.C. 1068(b)(7)(E)), by
striking ``subparagraph (E)'' and inserting ``subparagraph
(D)'';
(5) in the matter preceding subparagraph (A) of section
392(b)(2) (20 U.S.C. 1068a(b)(2)), by striking ``eligible
institutions under part A institutions'' and inserting
``eligible institutions under part A''; and
(6) in the matter preceding paragraph (1) of section 396
(20 U.S.C. 1068e), by striking ``360'' and inserting ``399''.
TITLE IV--STUDENT ASSISTANCE
PART A--GRANTS TO STUDENTS IN ATTENDANCE AT INSTITUTIONS OF HIGHER
EDUCATION
SEC. 401. FEDERAL PELL GRANTS.
Section 401 (20 U.S.C. 1070a) is amended--
(1) in subsection (a)(1)--
(A) in the first sentence, by striking ``2004'' and
inserting ``2012''; and
(B) in the second sentence, by striking ``,,'' and
inserting ``,'';
(2) in subsection (b)--
(A) by striking paragraph (2)(A) and inserting the
following:
``(2)(A) the amount of the Federal Pell Grant for a student
eligible under this part shall be--
``(i) $5,100 for academic year 2006-2007;
``(ii) $5,400 for academic year 2007-2008;
``(iii) $5,700 for academic year 2008-2009;
``(iv) $6,000 for academic year 2009-2010; and
``(v) $6,300 for academic year 2010-2011,
less an amount equal to the amount determined to be the expected family
contribution with respect to that student for that year.'';
(B) by striking paragraph (3);
(C) by redesignating paragraphs (4) through (8) as
paragraphs (3) through (7), respectively;
(D) in paragraph (4) (as redesignated by
subparagraph (C)), by striking ``$400, except'' and all
that follows through the period and inserting ``10
percent of the maximum basic grant level specified in
the appropriate Appropriation Act for such academic
year, except that a student who is eligible for a
Federal Pell Grant in an amount that is equal to or
greater than 5 percent of such level but less than 10
percent of such level shall be awarded a Federal Pell
grant in the amount of 10 percent of such level.''; and
(E) by striking paragraph (5) (as redesignated by
subparagraph (C)) and inserting the following:
``(5) In the case of a student who is enrolled, on at least a half-
time basis and for a period of more than 1 academic year in a 2-year or
4-year program of instruction for which an institution of higher
education awards an associate or baccalaureate degree, the Secretary
shall allow such student to receive not more than 2 Federal Pell Grants
during a single award year to permit such student to accelerate the
student's progress toward a degree by attending additional sessions. In
the case of a student receiving more than 1 Federal Pell Grant in a
single award year, the total amount of Federal Pell Grants awarded to
such student for the award year may exceed the maximum basic grant
level specified in the appropriate Appropriation Act for such award
year.''; and
(3) in subsection (c), by adding at the end the following:
``(5) The period of time during which a student may receive Federal
Pell Grants shall not exceed 18 semesters, or an equivalent period of
time as determined by the Secretary pursuant to regulations, which
period shall--
``(A) be determined without regard to whether the student
is enrolled on a full-time basis during any portion of the
period of time; and
``(B) include any period of time for which the student
received a Federal Pell Grant prior to the date of enactment of
the Higher Education Amendments of 2005.''.
SEC. 402. FEDERAL TRIO PROGRAMS.
(a) Program Authority; Authorization of Appropriations.--Section
402A (20 U.S.C. 1070a-11) is amended--
(1) in subsection (b)--
(A) in paragraph (2)--
(i) in the matter preceding subparagraph
(A), by striking ``4'' and inserting ``5'';
(ii) by striking subparagraph (A); and
(iii) by redesignating subparagraphs (B)
and (C) as subparagraphs (A) and (B),
respectively; and
(B) by striking paragraph (3) and inserting the
following:
``(3) Minimum grants.--Unless the institution or agency
requests a smaller amount, an individual grant authorized under
this chapter shall be awarded in an amount that is not less
than $200,000, except that an individual grant authorized under
section 402G shall be awarded in an amount that is not less
than $170,000.'';
(2) in subsection (c)--
(A) in paragraph (2), by striking ``service
delivery'' and inserting ``high quality service
delivery, as determined under subsection (f),'';
(B) in paragraph (3)(B), by striking ``is not
required to'' and inserting ``shall not''; and
(C) in paragraph (5), by striking ``campuses'' and
inserting ``different campuses'';
(3) in subsection (e), by striking ``(g)(2)'' each place
the term occurs and inserting ``(h)(4)'';
(4) by redesignating subsections (f) and (g) as subsections
(g) and (h), respectively;
(5) by inserting after subsection (e) the following:
``(f) Outcome Criteria.--
``(1) In general.--The Secretary, by regulation, shall
establish outcome criteria for measuring, annually and for
longer periods, the quality and effectiveness of programs
authorized under this chapter.
``(2) Use for prior experience determination.--The outcome
criteria under paragraph (1) shall be used to evaluate the
programs provided by a recipient of a grant under this chapter,
and the Secretary shall determine an eligible entity's prior
experience of high quality service delivery, as required in
subsection (c)(2), based on the outcome criteria.
``(3) Consideration of relevant data.--The outcome criteria
under this subsection shall take into account data pertaining
to secondary school completion, postsecondary education
enrollment, and postsecondary education completion for low-
income students, first generation college students, and
individuals with disabilities, in the schools and institutions
of higher education served by the program to be evaluated.
``(4) Contents of outcome criteria.--The outcome criteria
shall include the following:
``(A) For programs authorized under section 402B,
whether the eligible entity met or exceeded the
entity's objectives established in the entity's
application for such program regarding--
``(i) the delivery of service to a total
number of students served by the program;
``(ii) the continued secondary school
enrollment of such students;
``(iii) the graduation of such students
from secondary school; and
``(iv) the enrollment of such students in
an institution of higher education.
``(B) For programs authorized under section 402C,
whether the eligible entity met or exceeded its
objectives for such program regarding--
``(i) the delivery of service to a total
number of students served by the program, as
agreed upon by the entity and the Secretary for
the period;
``(ii) such students' school performance,
as measured by the grade point average, or its
equivalent;
``(iii) such students' academic
performance, as measured by standardized tests,
including tests required by the students'
State;
``(iv) the retention in, and graduation
from, secondary school of such students; and
``(v) the enrollment of such students in an
institution of higher education.
``(C) For programs authorized under section 402D--
``(i) whether the eligible entity met or
exceeded the entity's objectives regarding the
retention in postsecondary education of the
students served by the program;
``(ii)(I) in the case of an entity that is
an institution of higher education offering a
baccalaureate degree, the extent to which the
entity met or exceeded the entity's objectives
regarding such students' completion of the
degree programs in which such students were
enrolled; or
``(II) in the case of an entity that is an
institution of higher education that does not
offer a baccalaureate degree, the extent to
which the entity met or exceeded the entity's
objectives regarding--
``(aa) the completion of a degree
or certificate by such students; and
``(bb) the transfer of such
students to institutions of higher
education that offer baccalaureate
degrees;
``(iii) whether the entity met or exceeded
the entity's objectives regarding the delivery
of service to a total number of students, as
agreed upon by the entity and the Secretary for
the period; and
``(iv) whether the applicant met or
exceeded the entity's objectives regarding such
students remaining in good academic standing.
``(D) For programs authorized under section 402E,
whether the entity met or exceeded the entity's
objectives for such program regarding--
``(i) the delivery of service to a total
number of students, as agreed upon by the
entity and the Secretary for the period;
``(ii) the provision of appropriate
scholarly and research activities for the
students served by the program;
``(iii) the acceptance and enrollment of
such students in graduate programs; and
``(iv) the attainment of doctoral degrees
by former program participants.
``(E) For programs authorized under section 402F,
whether the entity met or exceeded the entity's
objectives for such program regarding--
``(i) the enrollment of students without a
secondary school diploma or its recognized
equivalent, who were served by the program, in
programs leading to such diploma or equivalent;
``(ii) the enrollment of secondary school
graduates who were served by the program in
programs of postsecondary education;
``(iii) the delivery of service to a total
number of students, as agreed upon by the
entity and the Secretary for the period; and
``(iv) the provision of assistance to
students served by the program in completing
financial aid applications and college
admission applications.'';
(6) in subsection (g) (as redesignated by paragraph (4))--
(A) in the first sentence, by striking
``$700,000,000 for fiscal year 1999'' and all that
follows through the period and inserting ``such sums as
may be necessary for fiscal year 2006 and each of the 5
succeeding fiscal years.''; and
(B) by striking the fourth sentence; and
(7) in subsection (h) (as redesignated by paragraph (4))--
(A) by redesignating paragraphs (1) through (4) as
paragraphs (3) through (6), respectively;
(B) by inserting before paragraph (3) (as
redesignated by subparagraph (A)) the following:
``(1) Different campus.--The term `different campus' means
a site of an institution of higher education that--
``(A) is geographically apart from the main campus
of the institution;
``(B) is permanent in nature; and
``(C) offers courses in educational programs
leading to a degree, certificate, or other recognized
educational credential.
``(2) Different population.--The term `different
population' means a group of individuals, with respect to whom
an eligible entity desires to serve through an application for
a grant under this chapter, that--
``(A) is separate and distinct from any other
population that the entity has applied for a grant
under this chapter to serve; or
``(B) while sharing some of the same needs as
another population that the eligible entity has applied
for a grant under this chapter to serve, has distinct
needs for specialized services.'';
(C) in paragraph (5) (as redesignated by
subparagraph (A))--
(i) in subparagraph (A), by striking ``or''
after the semicolon;
(ii) in subparagraph (B), by striking the
period at the end and inserting ``; or''; and
(iii) by adding at the end the following:
``(C) was a member of a reserve component of the
Armed Forces called to active duty for a period of more
than 180 days.''; and
(D) in paragraph (6), by striking ``subparagraph
(A) or (B) of paragraph (3)'' and inserting
``subparagraph (A), (B), or (C) of paragraph (5)''.
(b) Talent Search.--Section 402B (20 U.S.C. 1070a-12) is amended--
(1) in subsection (a)--
(A) in paragraph (1), by striking ``to identify
qualified youths with potential for education at the
postsecondary level and to encourage such youths'' and
inserting ``to encourage eligible youths'';
(B) in paragraph (2), by inserting ``, and
facilitate the application for,'' after ``the
availability of''; and
(C) in paragraph (3), by striking ``, but who have
the ability to complete such programs, to reenter'' and
inserting ``to enter or reenter, and complete'';
(2) by redesignating subsection (c) as subsection (d);
(3) by striking subsection (b) and inserting the following:
``(b) Required Services.--Any project assisted under this section
shall provide--
``(1) academic tutoring, or connections to high quality
academic tutoring services, to enable students to complete
secondary or postsecondary courses, which may include
instruction in reading, writing, study skills, mathematics,
science, and other subjects;
``(2) advice and assistance in secondary course selection
and, if applicable, initial postsecondary course selection;
``(3) assistance in preparing for college entrance
examinations and completing college admission applications;
``(4)(A) information on both the full range of Federal
student financial aid programs (including Federal Pell Grant
awards and loan forgiveness) and resources for locating public
and private scholarships; and
``(B) assistance in completing financial aid applications,
including the Free Application for Federal Student Aid
described in section 483(a);
``(5) guidance on and assistance in--
``(A) secondary school reentry;
``(B) alternative education programs for secondary
school dropouts that lead to the receipt of a regular
secondary school diploma;
``(C) entry into general educational development
(GED) programs; or
``(D) postsecondary education; and
``(6) education or counseling services designed to improve
the financial literacy and economic literacy of students or
their parents, including financial planning for postsecondary
education.
``(c) Permissible Services.--Any project assisted under this
section may provide services such as--
``(1) personal and career counseling or activities;
``(2) information and activities designed to acquaint
youths with the range of career options available to the
youths;
``(3) exposure to the campuses of institutions of higher
education, as well as cultural events, academic programs, and
other sites or activities not usually available to
disadvantaged youth;
``(4) workshops and counseling for families of students
served;
``(5) mentoring programs involving elementary or secondary
school teachers or counselors, faculty members at institutions
of higher education, students, or any combination of such
persons; and
``(6) programs and activities as described in subsection
(b) or paragraphs (1) through (5) of this subsection that are
specially designed for students who are limited English
proficient, students with disabilities, students who are
homeless children and youths (as such term is defined in
section 725 of the McKinney-Vento Homeless Assistance Act (42
U.S.C. 11434a)), or students who are in foster care or are
aging out of the foster care system.''; and
(4) in the matter preceding paragraph (1) of subsection (d)
(as redesignated by paragraph (2)), by striking ``talent search
projects under this chapter'' and inserting ``projects under
this section''.
(c) Upward Bound.--Section 402C (20 U.S.C. 1070a-13) is amended--
(1) by striking subsection (b) and inserting the following:
``(b) Required Services.--Any project assisted under this section
shall provide--
``(1) academic tutoring to enable students to complete
secondary or postsecondary courses, which may include
instruction in reading, writing, study skills, mathematics,
science, and other subjects;
``(2) advice and assistance in secondary and postsecondary
course selection;
``(3) assistance in preparing for college entrance
examinations and completing college admission applications;
``(4)(A) information on both the full range of Federal
student financial aid programs (including Federal Pell Grant
awards and loan forgiveness) and resources for locating public
and private scholarships; and
``(B) assistance in completing financial aid applications,
including the Free Application for Federal Student Aid
described in section 483(a);
``(5) guidance on and assistance in--
``(A) secondary school reentry;
``(B) alternative education programs for secondary
school dropouts that lead to the receipt of a regular
secondary school diploma;
``(C) entry into general educational development
(GED) programs; or
``(D) postsecondary education; and
``(6) education or counseling services designed to improve
the financial literacy and economic literacy of students,
including financial planning for postsecondary education.'';
(2) in subsection (c)--
(A) in the subsection heading, by striking
``Required Services'' and inserting ``Additional
Required Services for Multiple-Year Grant Recipients'';
and
(B) by striking ``upward bound project assisted
under this chapter'' and inserting ``project assisted
under this section'';
(3) by redesignating subsections (d) and (e) as subsections
(e) and (f), respectively;
(4) by inserting after subsection (c) the following:
``(d) Permissible Services.--Any project assisted under this
section may provide such services as--
``(1) exposure to cultural events, academic programs, and
other activities not usually available to disadvantaged youth;
``(2) information, activities and instruction designed to
acquaint youths participating in the project with the range of
career options available to the youths;
``(3) on-campus residential programs;
``(4) mentoring programs involving elementary school or
secondary school teachers or counselors, faculty members at
institutions of higher education, students, or any combination
of such persons;
``(5) work-study positions where youth participating in the
project are exposed to careers requiring a postsecondary
degree;
``(6) special services to enable veterans to make the
transition to postsecondary education; and
``(7) programs and activities as described in subsection
(b), subsection (c), or paragraphs (1) through (6) of this
subsection that are specially designed for students who are
limited English proficient, students with disabilities,
students who are homeless children and youths (as such term is
defined in section 725 of the McKinney-Vento Homeless
Assistance Act (42 U.S.C. 11434a)), or students who are in
foster care or are aging out of the foster care system.'';
(5) in the matter preceding paragraph (1) of subsection (e)
(as redesignated by paragraph (3)), by striking ``upward bound
projects under this chapter'' and inserting ``projects under
this section''; and
(6) in subsection (f) (as redesignated by paragraph (3))--
(A) by striking ``during June, July, and August''
each place the term occurs and inserting ``during the
summer school recess, for a period not to exceed 3
months''; and
(B) by striking ``(b)(10)'' and inserting
``(d)(5)''.
(d) Student Support Services.--Section 402D (20 U.S.C. 1070a-14) is
amended--
(1) in subsection (a)--
(A) in paragraph (2), by striking ``and'' after the
semicolon;
(B) by striking paragraph (3) and inserting the
following:
``(3) to foster an institutional climate supportive of the
success of low-income and first generation college students,
students with disabilities, students who are limited English
proficient, students who are homeless children and youths (as
such term is defined in section 725 of the McKinney-Vento
Homeless Assistance Act (42 U.S.C. 11434a)), and students who
are in foster care or are aging out of the foster care
system.''; and
(C) by adding at the end the following:
``(4) to improve the financial literacy and economic
literacy of students, including--
``(A) basic personal income, household money
management, and financial planning skills; and
``(B) basic economic decisionmaking skills.'';
(2) by redesignating subsections (c) and (d) as subsections
(d) and (e);
(3) by striking subsection (b) and inserting the following:
``(b) Required Services.--A project assisted under this section
shall provide--
``(1) academic tutoring to enable students to complete
postsecondary courses, which may include instruction in
reading, writing, study skills, mathematics, science, and other
subjects;
``(2) advice and assistance in postsecondary course
selection;
``(3)(A) information on both the full range of Federal
student financial aid programs (including Federal Pell Grant
awards and loan forgiveness) and resources for locating public
and private scholarships; and
``(B) assistance in completing financial aid applications,
including the Free Application for Federal Student Aid
described in section 483(a);
``(4) education or counseling services designed to improve
the financial literacy and economic literacy of students,
including financial planning for postsecondary education;
``(5) activities designed to assist students participating
in the project in securing college admission and financial
assistance for enrollment in graduate and professional
programs; and
``(6) activities designed to assist students enrolled in 2-
year institutions of higher education in securing admission and
financial assistance for enrollment in a 4-year program of
postsecondary education.
``(c) Permissible Services.--A project assisted under this section
may provide services such as--
``(1) consistent, individualized personal, career, and
academic counseling, provided by assigned counselors;
``(2) information, activities, and instruction designed to
acquaint youths participating in the project with the range of
career options available to the students;
``(3) exposure to cultural events and academic programs not
usually available to disadvantaged students;
``(4) activities designed to acquaint students
participating in the project with the range of career options
available to the students;
``(5) mentoring programs involving faculty or upper class
students, or a combination thereof;
``(6) securing temporary housing during breaks in the
academic year for students who are homeless children and youths
(as such term is defined in section 725 of the McKinney-Vento
Homeless Assistance Act (42 U.S.C. 11434a)) or were formerly
homeless children and youths and students who are in foster
care or are aging out of the foster care system; and
``(7) programs and activities as described in subsection
(b) or paragraphs (1) through (5) of this subsection that are
specially designed for students who are limited English
proficient, students with disabilities, students who are
homeless children and youths (as such term is defined in
section 725 of the McKinney-Vento Homeless Assistance Act (42
U.S.C. 11434a)) or were formerly homeless children and youths,
or students who are in foster care or are aging out of the
foster care system.'';
(4) in subsection (d)(1) (as redesignated by paragraph
(2)), by striking ``subsection (b)'' and inserting ``subsection
(c)''; and
(5) in the matter preceding paragraph (1) of subsection (e)
(as redesignated by paragraph (2)), by striking ``student
support services projects under this chapter'' and inserting
``projects under this section''.
(e) Postbaccalaureate Achievement Program Authority.--Section 402E
(20 U.S.C. 1070a-15) is amended--
(1) in subsection (b)--
(A) in the subsection heading, by inserting
``Required'' before ``Services'';
(B) in the matter preceding paragraph (1), by
striking ``A postbaccalaureate achievement project
assisted under this section may provide services such
as--'' and inserting ``A project assisted under this
section shall provide--'';
(C) in paragraph (5), by inserting ``and'' after
the semicolon;
(D) in paragraph (6), by striking the semicolon and
inserting a period; and
(E) by striking paragraphs (7) and (8);
(2) by redesignating subsections (c) through (f) as
subsections (d) through (g), respectively;
(3) by inserting after subsection (b) the following:
``(c) Permissible Services.--A project assisted under this section
may provide services such as--
``(1) education or counseling services designed to improve
the financial literacy and economic literacy of students or
their parents, including financial planning for postsecondary
education;
``(2) mentoring programs involving faculty members at
institutions of higher education, students, or any combination
of such persons; and
``(3) exposure to cultural events and academic programs not
usually available to disadvantaged students.'';
(4) in the matter preceding paragraph (1) of subsection (d)
(as redesignated by paragraph (2)), by striking
``postbaccalaureate achievement'';
(5) in the matter preceding paragraph (1) of subsection (f)
(as redesignated by paragraph (2)), by striking
``postbaccalaureate achievement project'' and inserting
``project under this section''; and
(6) in subsection (g) (as redesignated by paragraph (2))--
(A) by striking ``402A(f)'' and inserting
``402A(g)''; and
(B) by striking ``1993 through 1997'' and inserting
``2006 through 2010''.
(f) Educational Opportunity Centers.--Section 402F (20 U.S.C.
1070a-16) is amended--
(1) in subsection (a)--
(A) in paragraph (1), by striking ``and'' after the
semicolon;
(B) in paragraph (2), by striking the period at the
end and inserting ``; and''; and
(C) by adding at the end the following:
``(3) to improve the financial literacy and economic
literacy of students, including--
``(A) basic personal income, household money
management, and financial planning skills; and
``(B) basic economic decisionmaking skills.''; and
(2) in subsection (b)--
(A) by redesignating paragraphs (5) through (10) as
paragraphs (6) through (11), respectively;
(B) by inserting after paragraph (4) the following:
``(5) education or counseling services designed to improve
the financial literacy and economic literacy of students;'';
(C) by striking paragraph (7) (as redesignated by
subparagraph (A)) and inserting the following:
``(7) individualized personal, career, and academic
counseling;''; and
(D) by striking paragraph (11) (as redesignated by
subparagraph (A)) and inserting the following:
``(11) programs and activities as described in paragraphs
(1) through (10) that are specially designed for students who
are limited English proficient, students with disabilities, or
students who are homeless children and youths (as such term is
defined in section 725 of the McKinney-Vento Homeless
Assistance Act (42 U.S.C. 11434a)), or programs and activities
for students who are in foster care or are aging out of the
foster care system.''.
(g) Staff Development Activities.--Section 402G(b)(3) (20 U.S.C.
1070a-17(b)(3)) is amended by inserting ``, including strategies for
recruiting and serving students who are homeless children and youths
(as such term is defined in section 725 of the McKinney-Vento Homeless
Assistance Act (42 U.S.C. 11434a)) and students who are in foster care
or are aging out of the foster care system'' before the period at the
end.
(h) Reports, Evaluations, and Grants for Project Improvement and
Dissemination.--Section 402H (20 U.S.C. 1070a-18) is amended--
(1) by striking the section heading and inserting
``reports, evaluations, and grants for project improvement and
dissemination.'';
(2) by redesignating subsections (a) through (c) as
subsections (b) through (d), respectively; and
(3) by inserting before subsection (b) (as redesignated by
paragraph (2)) the following:
``(a) Report to Congress.--At least once every 2-year period, the
Secretary shall prepare and submit to Congress a report on the outcomes
achieved by the programs authorized under this chapter. Such report
shall include a statement for the preceding fiscal year specifying--
``(1) the number of grants awarded during each fiscal year,
and the number of individuals served by the programs carried
out under such grants;
``(2) the number of entities that received grants during
the fiscal year, including the number of entities that--
``(A) received a grant to carry out a program under
this chapter for the fiscal year; and
``(B) had not received funding for that particular
program during the previous grant cycle;
``(3) a comparison of the number and percentage of grant
awards made to entities described in paragraph (2), with the
number of such entities funded through discretionary grant
competitions conducted by the Secretary under this chapter in
the 3 grant cycles preceding the fiscal year;
``(4) information on the number of individuals served in
each program authorized under this chapter; and
``(5) information on the outcomes achieved by each program
authorized under this chapter, including the outcome criteria
described in section 402A(f) for each program.''.
SEC. 403. GAINING EARLY AWARENESS AND READINESS FOR UNDERGRADUATE
PROGRAMS.
(a) Early Intervention and College Awareness Program Authorized.--
Section 404A (20 U.S.C. 1070a-21) is amended--
(1) by striking subsection (a) and inserting the following:
``(a) Program Authorized.--The Secretary is authorized, in
accordance with the requirements of this chapter, to establish a
program that encourages eligible entities to provide support to
eligible low-income students to assist the students in obtaining a
secondary school diploma (or its recognized equivalent) and to prepare
for and succeed in postsecondary education, by providing--
``(1) financial assistance, academic support, additional
counseling, mentoring, outreach, and supportive services to
middle school and secondary school students to reduce--
``(A) the risk of such students dropping out of
school; or
``(B) the need for remedial education for such
students at the postsecondary level; and
``(2) information to students and their parents about the
advantages of obtaining a postsecondary education and the
college financing options for the students and their
parents.'';
(2) by striking subsection (b)(2)(A) and inserting the
following:
``(A) give priority to eligible entities that have
a prior, demonstrated commitment to early intervention
leading to college access through collaboration and
replication of successful strategies;''; and
(3) by striking subsection (c)(2) and inserting the
following:
``(2) a partnership--
``(A) consisting of--
``(i) 1 or more local educational agencies;
and
``(ii) 1 or more degree granting
institutions of higher education; and
``(B) which may include not less than 2 other
community organizations or entities, such as
businesses, professional organizations, State agencies,
institutions or agencies sponsoring programs authorized
under subpart 4, or other public or private agencies or
organizations.''.
(b) Requirements.--Section 404B (20 U.S.C. 1070a-22) is amended--
(1) by striking subsection (a) and inserting the
following:--
``(a) Funding Rules.--
``(1) Distribution.--In awarding grants from the amount
appropriated under section 404G for a fiscal year, the
Secretary shall take into consideration--
``(A) the geographic distribution of such awards;
and
``(B) the distribution of such awards between urban
and rural applicants.
``(2) Special rule.--The Secretary shall annually
reevaluate the distribution of funds described in paragraph (1)
based on number, quality, and promise of the applications.'';
(2) by striking subsections (b), (e), and (f);
(3) by redesignating subsections (c), (d), and (g) as
subsections (b), (c), and (d), respectively; and
(4) by adding at the end the following:
``(e) Supplement, Not Supplant.--Grant funds awarded under this
chapter shall be used to supplement, and not supplant, other Federal,
State, and local funds that would otherwise be expended to carry out
activities assisted under this chapter.''.
(c) Application.--Section 404C (20 U.S.C. 1070a-23) is amended--
(1) in the section heading, by striking ``eligible entity
plans'' and inserting ``applications'';
(2) in subsection (a)--
(A) in the subsection heading, by striking ``Plan''
and inserting ``Application'';
(B) in paragraph (1)--
(i) by striking ``a plan'' and inserting
``an application''; and
(ii) by striking the second sentence; and
(C) by striking paragraph (2) and inserting the
following:
``(2) Contents.--Each application submitted pursuant to
paragraph (1) shall be in such form, contain or be accompanied
by such information or assurances, and be submitted at such
time as the Secretary may require. Each such application shall,
at a minimum--
``(A) describe the activities for which assistance
under this chapter is sought, including how the
eligible entity will carry out the required activities
described in section 404D(a);
``(B) describe how the eligible agency will meet
the requirements of section 404E;
``(C) provide assurances that adequate
administrative and support staff will be responsible
for coordinating the activities described in section
404D;
``(D) ensure that activities assisted under this
chapter will not displace an employee or eliminate a
position at a school assisted under this chapter,
including a partial displacement such as a reduction in
hours, wages or employment benefits;
``(E) describe, in the case of an eligible entity
described in section 404A(c)(2), how the eligible
entity will define the cohorts of the students served
by the eligible entity pursuant to section 404B(d), and
how the eligible entity will serve the cohort through
grade 12, including--
``(i) how vacancies in the program under
this chapter will be filled; and
``(ii) how the eligible entity will serve
students attending different secondary schools;
``(F) describe how the eligible entity will
coordinate programs with other existing Federal, State,
or local programs to avoid duplication and maximize the
number of students served;
``(G) provide such additional assurances as the
Secretary determines necessary to ensure compliance
with the requirements of this chapter; and
``(H) provide information about the activities that
will be carried out by the eligible entity to support
systemic changes from which future cohorts of students
will benefit.'';
(3) in the matter preceding subparagraph (A) of subsection
(b)(1)--
(A) by striking ``a plan'' and inserting ``an
application''; and
(B) by striking ``such plan'' and inserting ``such
application''; and
(4) in subsection (c)(1), by striking the semicolon at the
end and inserting ``including--
``(A) the amount contributed to a student
scholarship fund established under section 404E; and
``(B) the amount of the costs of administering the
scholarship program under section 404E;''.
(d) Activities.--Section 404D (20 U.S.C. 1070a-24) is amended to
read as follows:
``SEC. 404D. ACTIVITIES.
``(a) Required Activities.--Each eligible entity receiving a grant
under this chapter shall carry out the following:
``(1) Provide information regarding financial aid for
postsecondary education to participating students in the cohort
described in subsection 404B(d)(1)(A).
``(2) Encourage student enrollment in rigorous and
challenging curricula and coursework, in order to reduce the
need for remedial coursework at the postsecondary level.
``(3) Support activities designed to improve the number of
participating students who--
``(A) obtain a secondary school diploma; and
``(B) complete applications for and enroll in a
program of postsecondary education.
``(4) In the case of an eligible entity described in
section 404A(c)(1), provide for the scholarships described in
section 404E.
``(b) Optional Activities for States and Partnerships.--An eligible
entity that receives a grant under this chapter may use grant funds to
carry out 1 or more of the following activities:
``(1) Providing tutoring and supporting mentors, including
adults or former participants of a program under this chapter,
for eligible students.
``(2) Conducting outreach activities to recruit priority
students described in subsection (d) to participate in program
activities.
``(3) Providing supportive services to eligible students.
``(4) Supporting the development or implementation of
rigorous academic curricula, which may include college
preparatory, Advanced Placement, or International Baccalaureate
programs, and providing participating students access to
rigorous core courses that reflect challenging State academic
standards.
``(5) Supporting dual or concurrent enrollment programs
between the secondary school and institution of higher
education partners of an eligible entity described in section
404A(c)(2), and other activities that support participating
students in--
``(A) meeting challenging academic standards;
``(B) successfully applying for postsecondary
education;
``(C) successfully applying for student financial
aid; and
``(D) developing graduation and career plans.
``(6) Providing support for scholarships described in
section 404E.
``(7) Introducing eligible students to institutions of
higher education, through trips and school-based sessions.
``(8) Providing an intensive extended school day, school
year, or summer program that offers--
``(A) additional academic classes; or
``(B) assistance with college admission
applications.
``(9) Providing other activities designed to ensure
secondary school completion and postsecondary education
enrollment of at-risk children, such as--
``(A) the identification of at-risk children;
``(B) after-school and summer tutoring;
``(C) assistance to at-risk children in obtaining
summer jobs;
``(D) academic counseling;
``(E) volunteer and parent involvement;
``(F) encouraging former or current participants of
a program under this chapter to serve as peer
counselors;
``(G) skills assessments;
``(H) personal counseling;
``(I) family counseling and home visits;
``(J) staff development; and
``(K) programs and activities described in this
subsection that are specially designed for students who
are limited English proficient.
``(10) Enabling eligible students to enroll in Advanced
Placement or International Baccalaureate courses, or college
entrance examination preparation courses.
``(11) Providing services to eligible students in the
participating cohort described in section 404B(d)(1)(A),
through the first year of attendance at an institution of
higher education.
``(c) Additional Optional Activities for States.--In addition to
the required activities described in subsection (a) and the optional
activities described in subsection (b), an eligible entity described in
section 404A(c)(1) receiving funds under this chapter may use grant
funds to carry out 1 or more of the following activities:
``(1) Providing technical assistance to--
``(A) middle schools or secondary schools that are
located within the State; or
``(B) partnerships described in section 404A(c)(2)
that are located within the State.
``(2) Providing professional development opportunities to
individuals working with eligible cohorts of students described
in section 404B(d)(1)(A).
``(3) Providing strategies and activities that align
efforts in the State to prepare eligible students for attending
and succeeding in postsecondary education, which may include
the development of graduation and career plans.
``(4) Disseminating information on the use of
scientifically based research and best practices to improve
services for eligible students.
``(5)(A) Disseminating information on effective coursework
and support services that assist students in obtaining the
goals described in subparagraph (B)(ii).
``(B) Identifying and disseminating information on best
practices with respect to--
``(i) increasing parental involvement; and
``(ii) preparing students, including students with
disabilities and students who are limited English
proficient, to succeed academically in, and prepare
financially for, postsecondary education.
``(6) Working to align State academic standards and
curricula with the expectations of postsecondary institutions
and employers.
``(7) Developing alternatives to traditional secondary
school that give students a head start on attaining a
recognized postsecondary credential (including an industry
certificate, an apprenticeship, or an associate's or a
bachelor's degree), including school designs that give students
early exposure to college-level courses and experiences and
allow students to earn transferable college credits or an
associate's degree at the same time as a secondary school
diploma.
``(8) Creating community college programs for drop-outs
that are personalized drop-out recovery programs that allow
drop-outs to complete a regular secondary school diploma and
begin college-level work.
``(d) Priority Students.--For eligible entities not using a cohort
approach, the eligible entity shall treat as priority students any
student in middle or secondary school who is eligible--
``(1) to be counted under section 1124(c) of the Elementary
and Secondary Education Act of 1965;
``(2) for free or reduced price meals under the Richard B.
Russell National School Lunch Act;
``(3) for assistance under a State program funded under
part A or E of title IV of the Social Security Act (42 U.S.C.
601 et seq., 670 et seq.); or
``(4) for assistance under subtitle B of title VII of the
McKinney-Vento Homeless Assistance Act (42 U.S.C. 11431 et
seq.).
``(e) Allowable Providers.--In the case of eligible entities
described in section 404A(c)(1), the activities required by this
section may be provided by service providers such as community-based
organizations, schools, institutions of higher education, public and
private agencies, nonprofit and philanthropic organizations,
businesses, institutions and agencies sponsoring programs authorized
under subpart 4, and other organizations the State determines
appropriate.''.
(e) Scholarship Component.--Section 404E (20 U.S.C. 1070a-25) is
amended--
(1) by striking subsections (e) and (f);
(2) by redesignating subsections (b), (c), and (d) as
subsections (d), (f), and (g), respectively;
(3) by inserting after subsection (a) the following:
``(b) Limitation.--
``(1) In general.--Subject to paragraph (2), each eligible
entity described in section 404A(c)(1) that receives a grant
under this chapter shall use not less than 25 percent and not
more than 50 percent of the grant funds for activities
described in section 404D(c), with the remainder of such funds
to be used for a scholarship program under this section.
``(2) Exception.--Notwithstanding paragraph (1), the
Secretary may allow an eligible entity to use more than 50
percent of grant funds received under this chapter for such
activities, if the eligible entity demonstrates that the
eligible entity has another means of providing the students
with the financial assistance described in this section and
describes such means in the application submitted under section
404C.
``(c) Notification of Eligibility.--Each eligible entity providing
scholarships under this section shall provide information on the
eligibility requirements for the scholarships to all participating
students upon the students' entry into the programs assisted under this
chapter.'';
(4) in subsection (d) (as redesignated by paragraph (2)),
by striking ``the lesser of'' and all that follows through the
period at the end of paragraph (2) and inserting ``the minimum
Federal Pell Grant award under section 401 for such award
year.'';
(5) by inserting after subsection (d) (as redesignated by
paragraph (2) and amended by paragraph (4)) the following:
``(e) Portability of Assistance.--
``(1) In general.--Each eligible entity described in
section 404A(c)(1) that receives a grant under this chapter
shall create or organize a trust for each cohort described in
section 404B(d)(1)(A) for which the grant is sought in the
application submitted by the entity, which trust shall be an
amount that is not less than the minimum scholarship amount
described in subsection (d), multiplied by the number of
students participating in the cohort.
``(2) Requirement for portability.--Funds contributed to
the trust for a cohort shall be available to a student in the
cohort when the student has--
``(A) completed a secondary school diploma, its
recognized equivalent, or other recognized alternative
standard for individuals with disabilities; and
``(B) enrolled in an institution of higher
education.
``(3) Qualified educational expenses.--Funds available to
an eligible student from a trust may be used for--
``(A) tuition, fees, books, supplies, and equipment
required for the enrollment or attendance of the
eligible student at an institution of higher education;
and
``(B) in the case of an eligible student with
special needs, expenses for special needs services
which are incurred in connection with such enrollment
or attendance.
``(4) Return of funds.--
``(A) Redistribution.--
``(i) In general.--Trust funds that are not
used by an eligible student within 6 years of
the student's scheduled completion of secondary
school may be redistributed by the eligible
entity to other eligible students.
``(ii) Return of excess to the secretary.--
If, after meeting the requirements of paragraph
(1) and, if applicable, redistributing excess
funds in accordance with clause (i), an
eligible entity has funds remaining, the
eligible entity shall return excess funds to
the Secretary for distribution to other
grantees under this chapter.
``(B) Nonparticipating entity.--Notwithstanding
subparagraph (A), in the case of an eligible entity
described in section 404A(c)(1)(A) that does not
receive assistance under this subpart for 6 fiscal
years, the eligible entity shall return any trust funds
not awarded or obligated to eligible students to the
Secretary for distribution to other grantees under this
chapter.''; and
(6) in subsection (g) (as redesignated by paragraph (2))--
(A) in paragraph (2), by striking ``1993'' and
inserting ``2000''; and
(B) in paragraph (4), by striking ``early
intervention component required under section 404D''
and inserting ``activities required under section
404D(a)''.
(f) Repeal of 21st Century Scholar Certificates.--Chapter 2 of
subpart 2 of part A of title IV (20 U.S.C. 1070a-21 et seq.) is further
amended--
(1) by striking section 404F; and
(2) by redesignating sections 404G and 404H as sections
404F and 404G, respectively.
(g) Authorization of Appropriations.--Section 404G (as redesignated
by subsection (f)) (20 U.S.C. 1070a-28) is amended by striking
``$200,000,000 for fiscal year 1999'' and all that follows through the
period and inserting ``such sums as may be necessary for fiscal year
2006 and each of the 5 succeeding fiscal years.''.
(h) Conforming Amendments.--Chapter 2 of subpart 2 of part A of
title IV (20 U.S.C. 1070a-21 et seq.) is further amended--
(1) in section 404A(b)(1), by striking ``404H'' and
inserting ``404G'';
(2) in section 404B(a)(1), by striking ``404H'' and
inserting ``404G''; and
(3) in section 404F(c) (as redesignated by subsection
(f)(2)), by striking ``404H'' and inserting ``404G''.
SEC. 404. ACADEMIC ACHIEVEMENT INCENTIVE SCHOLARSHIPS.
Chapter 3 of subpart 2 of part A of title IV (20 U.S.C. 1070a-31 et
seq.) is repealed.
SEC. 405. FEDERAL SUPPLEMENTAL EDUCATIONAL OPPORTUNITY GRANTS.
(a) Appropriations Authorized.--Section 413A(b)(1) (20 U.S.C.
1070b(b)(1)) is amended by striking ``$675,000,000 for fiscal year
1999'' and all that follows through the period and inserting ``such
sums as may be necessary for fiscal year 2006 and each of the 5
succeeding fiscal years.''.
(b) Allocation of Funds.--
(1) Allocation of funds.--Section 413D (20 U.S.C. 1070b-3)
is amended--
(A) by striking subsection (a)(4); and
(B) in subsection (c)(3)(D), by striking ``$450''
and inserting ``$600''.
(2) Technical correction.--Section 413D(a)(1) (20 U.S.C.
1070b-3(a)(1)) is amended by striking ``such institution'' and
all that follows through the period and inserting ``such
institution received under subsections (a) and (b) of this
section for fiscal year 1999 (as such subsections were in
effect with respect to allocations for such fiscal year).''.
SEC. 406. LEVERAGING EDUCATIONAL ASSISTANCE PARTNERSHIP PROGRAM.
(a) Appropriations Authorized.--Section 415A(b)(1) (20 U.S.C.
1070c(b)(1)) is amended to read as follows:
``(1) In general.--There are authorized to be appropriated
to carry out this subpart such sums as may be necessary for
fiscal year 2006 and each of the 5 succeeding fiscal years.''.
(b) Applications.--Section 415C(b) (20 U.S.C. 1070c-2(b)) is
amended--
(1) in the matter preceding subparagraph (A) of paragraph
(2), by striking ``not in excess of $5,000 per academic year''
and inserting ``not to exceed the lesser of $12,500 or the
student's cost of attendance per academic year''; and
(2) by striking paragraph (10) and inserting the following:
``(10) provides notification to eligible students that such
grants are--
``(A) Leveraging Educational Assistance Partnership
grants; and
``(B) funded by the Federal Government, the State,
and other contributing partners.''.
(c) Grants for Access and Persistence.--Section 415E (20 U.S.C.
1070c-3a) is amended to read as follows:
``SEC. 415E. GRANTS FOR ACCESS AND PERSISTENCE.
``(a) Purpose.--It is the purpose of this section to expand college
access and increase college persistence by making allotments to States
to enable the States to--
``(1) expand and enhance partnerships with institutions of
higher education, early information and intervention,
mentoring, or outreach programs, private corporations,
philanthropic organizations, and other interested parties in
order to--
``(A) carry out activities under this section; and
``(B) provide coordination and cohesion among
Federal, State, and local governmental and private
efforts that provide financial assistance to help low-
income students attend an institution of higher
education;
``(2) provide need-based grants for access and persistence
to eligible low-income students;
``(3) provide early notification to low-income students of
the students' eligibility for financial aid; and
``(4) encourage increased participation in early
information and intervention, mentoring, or outreach programs.
``(b) Allotments to States.--
``(1) In general.--
``(A) Authorization.--From sums reserved under
section 415A(b)(2) for each fiscal year, the Secretary
shall make an allotment to each State that submits an
application for an allotment in accordance with
subsection (c) to enable the State to pay the Federal
share, as described in paragraph (2), of the cost of
carrying out the activities under subsection (d).
``(B) Determination of allotment.--In making
allotments under subparagraph (A), the Secretary shall
consider the following:
``(i) Continuation of award.--If a State
continues to meet the specifications
established in such State's application under
subsection (c), the Secretary shall make an
allotment to such State that is not less than
the allotment made to such State for the
previous fiscal year.
``(ii) Priority.--The Secretary shall give
priority in making allotments to States that
meet the requirements described in paragraph
(2)(A)(ii).
``(2) Federal share.--
``(A) In general.--The Federal share under this
section shall be determined in accordance with the
following:
``(i) If a State applies for an allotment
under this section in partnership with--
``(I) any number of degree granting
institutions of higher education in the
State whose combined full-time
enrollment represents less than a
majority of all students attending
institutions of higher education in the
State; and
``(II)(aa) philanthropic
organizations that are located in, or
that provide funding in, the State; or
``(bb) private corporations that
are located in, or that do business in,
the State,
then the Federal share of the cost of carrying
out the activities under subsection (d) shall
be equal to 50 percent.
``(ii) If a State applies for an allotment
under this section in partnership with--
``(I) any number of degree granting
institutions of higher education in the
State whose combined full-time
enrollment represents a majority of all
students attending institutions of
higher education in the State; and
``(II)(aa) philanthropic
organizations that are located in, or
that provide funding in, the State; or
``(bb) private corporations that
are located in, or that do business in,
the State,
then the Federal share of the cost of carrying
out the activities under subsection (d) shall
be equal to 57 percent.
``(B) Non-federal share.--
``(i) In general.--The non-Federal share
under this section may be provided in cash or
in kind, fully evaluated and in accordance with
this subparagraph.
``(ii) In kind contribution.--For the
purpose of calculating the non-Federal share
under this section, an in kind contribution is
a non-cash award that has monetary value, such
as provision of room and board and
transportation passes, and that helps a student
meet the cost of attendance.
``(iii) Effect on need analysis.--For the
purpose of calculating a student's need in
accordance with part F of this title, an in-
kind contribution described in clause (ii)
shall not be considered an asset or income.
``(c) Application for Allotment.--
``(1) In general.--
``(A) Submission.--A State that desires to receive
an allotment under this section on behalf of a
partnership described in paragraph (3) shall submit an
application to the Secretary at such time, in such
manner, and containing such information as the
Secretary may require.
``(B) Content.--An application submitted under
subparagraph (A) shall include the following:
``(i) A description of the State's plan for
using the allotted funds.
``(ii) Assurances that the State will
provide the non-Federal share from State,
institutional, philanthropic, or private funds,
of not less than the required share of the cost
of carrying out the activities under subsection
(d), as determined under subsection (b), in
accordance with the following:
``(I) The State shall specify the
methods by which non-Federal share
funds will be paid and include
provisions designed to ensure that
funds provided under this section will
be used to supplement, and not
supplant, Federal and non-Federal funds
available for carrying out the
activities under this title.
``(II) A State that uses non-
Federal funds to create or expand
existing partnerships with nonprofit
organizations or community-based
organizations in which such
organizations match State funds for
student scholarships, may apply such
matching funds from such organizations
toward fulfilling the State's non-
Federal share obligation under this
clause.
``(iii) Assurances that early information
and intervention, mentoring, or outreach
programs exist within the State or that there
is a plan to make such programs widely
available.
``(iv) A description of the organizational
structure that the State has in place to
administer the activities under subsection (d),
including a description of the system the State
will use to track the participation of students
who receive grants under this section to degree
completion.
``(v) Assurances that the State has a
method in place, such as acceptance of the
automatic zero expected family contribution
determination described in section 479, to
identify eligible low-income students and award
State grant aid to such students.
``(vi) Assurances that the State will
provide notification to eligible low-income
students that grants under this section are--
``(I) Leveraging Educational
Assistance Partnership Grants; and
``(II) funded by the Federal
Government, the State, and other
contributing partners.
``(2) State agency.--The State agency that submits an
application for a State under section 415C(a) shall be the same
State agency that submits an application under paragraph (1)
for such State.
``(3) Partnership.--In applying for an allotment under this
section, the State agency shall apply for the allotment in
partnership with--
``(A) not less than 1 public and 1 private degree
granting institution of higher education that are
located in the State, if applicable;
``(B) new or existing early information and
intervention, mentoring, or outreach programs located
in the State; and
``(C) not less than 1--
``(i) philanthropic organization located
in, or that provides funding in, the State; or
``(ii) private corporation located in, or
that does business in, the State.
``(4) Roles of partners.--
``(A) State agency.--A State agency that is in a
partnership receiving an allotment under this section--
``(i) shall--
``(I) serve as the primary
administrative unit for the
partnership;
``(II) provide or coordinate non-
Federal share funds, and coordinate
activities among partners;
``(III) encourage each institution
of higher education in the State to
participate in the partnership;
``(IV) make determinations and
early notifications of assistance as
described under subsection (d)(2); and
``(V) annually report to the
Secretary on the partnership's progress
in meeting the purpose of this section;
and
``(ii) may provide early information and
intervention, mentoring, or outreach programs.
``(B) Degree granting institutions of higher
education.--A degree granting institution of higher
education that is in a partnership receiving an
allotment under this section--
``(i) shall--
``(I) recruit and admit
participating qualified students and
provide such additional institutional
grant aid to participating students as
agreed to with the State agency;
``(II) provide support services to
students who receive grants for access
and persistence under this section and
are enrolled at such institution; and
``(III) assist the State in the
identification of eligible students and
the dissemination of early
notifications of assistance as agreed
to with the State agency; and
``(ii) may provide funding for early
information and intervention, mentoring, or
outreach programs or provide such services
directly.
``(C) Programs.--An early information and
intervention, mentoring, or outreach program that is in
a partnership receiving an allotment under this section
shall provide direct services, support, and information
to participating students.
``(D) Philanthropic organization or private
corporation.--A philanthropic organization or private
corporation that is in a partnership receiving an
allotment under this section shall provide funds for
grants for access and persistence for participating
students, or provide funds or support for early
information and intervention, mentoring, or outreach
programs.
``(d) Authorized Activities.--
``(1) In general.--
``(A) Establishment of partnership.--Each State
receiving an allotment under this section shall use the
funds to establish a partnership to award grants for
access and persistence to eligible low-income students
in order to increase the amount of financial assistance
such students receive under this subpart for
undergraduate education expenses.
``(B) Amount of grants.--
``(i) Partnerships with institutions
serving less than a majority of students in the
state.--
``(I) In general.--In the case
where a State receiving an allotment
under this section is in a partnership
described in subsection (b)(2)(A)(i),
the amount of a grant for access and
persistence awarded by such State shall
be not less than the amount that is
equal to the average undergraduate
tuition and mandatory fees at 4-year
public institutions of higher education
in the State where the student resides
(less any other Federal or State
sponsored grant amount, work study
amount, and scholarship amount received
by the student), and such amount shall
be used toward the cost of attendance
at an institution of higher education
located in the State.
``(II) Cost of attendance.--A State
that has a program, apart from the
partnership under this section, of
providing eligible low-income students
with grants that are equal to the
average undergraduate tuition and
mandatory fees at 4-year public
institutions of higher education in the
State, may increase the amount of
grants for access and persistence
awarded by such State up to an amount
that is equal to the average cost of
attendance at 4-year public
institutions of higher education in the
State (less any other Federal or State
sponsored grant amount, work study
amount, and scholarship amount received
by the student).
``(ii) Partnerships with institutions
serving the majority of students in the
state.--In the case where a State receiving an
allotment under this section is in a
partnership described in subsection
(b)(2)(A)(ii), the amount of a grant for access
and persistence awarded by such State shall be
not more than an amount that is equal to the
average cost of attendance at 4-year public
institutions of higher education in the State
where the student resides (less any other
Federal or State sponsored grant amount,
college work study amount, and scholarship
amount received by the student), and such
amount shall be used by the student to attend
an institution of higher education located in
the State.
``(C) Special rules.--
``(i) Partnership institutions.--A State
receiving an allotment under this section may
restrict the use of grants for access and
persistence under this section by awarding the
grants only to students attending institutions
of higher education that are participating in
the partnership.
``(ii) Out-of-State institutions.--If a
State provides grants through another program
under this subpart to students attending
institutions of higher education located in
another State, such agreement may also apply to
grants awarded under this section.
``(2) Early notification.--
``(A) In general.--Each State receiving an
allotment under this section shall annually notify low-
income students, such as students who are eligible to
receive a free lunch under the school lunch program
established under the Richard B. Russell National
School Lunch Act, in grade 7 through grade 12 in the
State, of the students' potential eligibility for
student financial assistance, including a grant for
access and persistence, to attend an institution of
higher education.
``(B) Content of notice.--The notification under
subparagraph (A)--
``(i) shall include--
``(I) information about early
information and intervention,
mentoring, or outreach programs
available to the student;
``(II) information that a student's
candidacy for a grant for access and
persistence is enhanced through
participation in an early information
and intervention, mentoring, or
outreach program;
``(III) an explanation that student
and family eligibility and
participation in other Federal means-
tested programs may indicate
eligibility for a grant for access and
persistence and other student aid
programs;
``(IV) a nonbinding estimation of
the total amount of financial aid a
low-income student with a similar
income level may expect to receive,
including an estimation of the amount
of a grant for access and persistence
and an estimation of the amount of
grants, loans, and all other available
types of aid from the major Federal and
State financial aid programs;
``(V) an explanation that in order
to be eligible for a grant for access
and persistence, at a minimum, a
student shall--
``(aa) meet the requirement
under paragraph (3);
``(bb) graduate from
secondary school; and
``(cc) enroll at an
institution of higher education
that is a partner in the
partnership or qualifies under
subsection (d)(1)(C)(ii);
``(VI) information on any
additional requirements (such as a
student pledge detailing student
responsibilities) that the State may
impose for receipt of a grant for
access and persistence under this
section; and
``(VII) instructions on how to
apply for a grant for access and
persistence and an explanation that a
student is required to file a Free
Application for Federal Student Aid
authorized under section 483(a) to be
eligible for such grant and assistance
from other Federal and State financial
aid programs; and
``(ii) may include a disclaimer that grant
awards for access and persistence are
contingent upon--
``(I) a determination of the
student's financial eligibility at the
time of the student's enrollment at an
institution of higher education that is
a partner in the partnership or
qualifies under subsection
(d)(1)(C)(ii);
``(II) annual Federal and State
appropriations; and
``(III) other aid received by the
student at the time of the student's
enrollment at such institution of
higher education.
``(3) Eligibility.--In determining which students are
eligible to receive grants for access and persistence, the
State shall ensure that each such student meets not less than 1
of the following:
``(A) Meets not less than 2 of the following
criteria, with priority given to students meeting all
of the following criteria:
``(i) Has an expected family contribution
equal to zero (as described in section 479) or
a comparable alternative based upon the State's
approved criteria in section 415C(b)(4).
``(ii) Has qualified for a free lunch, or
at the State's discretion a reduced price
lunch, under the school lunch program
established under the Richard B. Russell
National School Lunch Act.
``(iii) Qualifies for the State's maximum
undergraduate award, as authorized under
section 415C(b).
``(iv) Is participating in, or has
participated in, a Federal, State,
institutional, or community early information
and intervention, mentoring, or outreach
program, as recognized by the State agency
administering activities under this section.
``(B) Is receiving, or has received, a grant for
access and persistence under this section, in
accordance with paragraph (5).
``(4) Grant award.--Once a student, including those
students who have received early notification under paragraph
(2) from the State, applies for admission to an institution
that is a partner in the partnership, files a Free Application
for Federal Student Aid and any related existing State form,
and is determined eligible by the State under paragraph (3),
the State shall--
``(A) issue the student a preliminary award
certificate for a grant for access and persistence with
tentative award amounts; and
``(B) inform the student that payment of the grant
for access and persistence award amounts is subject to
certification of enrollment and award eligibility by
the institution of higher education.
``(5) Duration of award.--An eligible student that receives
a grant for access and persistence under this section shall
receive such grant award for each year of such student's
undergraduate education in which the student remains eligible
for assistance under this title, including pursuant to section
484(c), and remains financially eligible as determined by the
State, except that the State may impose reasonable time limits
to degree completion.
``(e) Use of Funds for Administrative Costs Prohibited.--A State
that receives an allotment under this section shall not use any of the
allotted funds to pay administrative costs associated with any of the
authorized activities described in subsection (d).
``(f) Statutory and Regulatory Relief for Institutions of Higher
Education.--The Secretary may grant, upon the request of an institution
of higher education that is in a partnership described in subsection
(b)(2)(A)(ii) and that receives an allotment under this section, a
waiver for such institution from statutory or regulatory requirements
that inhibit the ability of the institution to successfully and
efficiently participate in the activities of the partnership.
``(g) Applicability Rule.--The provisions of this subpart which are
not inconsistent with this section shall apply to the program
authorized by this section.
``(h) Maintenance of Effort Requirement.--Each State receiving an
allotment under this section for a fiscal year shall provide the
Secretary with an assurance that the aggregate amount expended per
student or the aggregate expenditures by the State, from funds derived
from non-Federal sources, for the authorized activities described in
subsection (d) for the preceding fiscal year were not less than the
amount expended per student or the aggregate expenditure by the State
for the activities for the second preceding fiscal year.
``(i) Special Rule.--Notwithstanding subsection (h), for purposes
of determining a State's share of the cost of the authorized activities
described in subsection (d), the State shall consider only those
expenditures from non-Federal sources that exceed the State's total
expenditures for need-based grants, scholarships, and work-study
assistance for fiscal year 1999 (including any such assistance provided
under this subpart).
``(j) Continuation and Transition.--For the 2-year period that
begins on the date of enactment of the Higher Education Amendments of
2005, the Secretary shall continue to award grants under section 415E
of the Higher Education Act of 1965 as such section existed on the day
before the date of enactment of such Act to States that choose to apply
for grants under such predecessor section.
``(k) Reports.--Not later than 3 years after the date of enactment
of the Higher Education Amendments of 2005 and annually thereafter, the
Secretary shall submit a report describing the activities and the
impact of the partnerships under this section to the authorizing
committees.''.
SEC. 407. SPECIAL PROGRAMS FOR STUDENTS WHOSE FAMILIES ARE ENGAGED IN
MIGRANT AND SEASONAL FARMWORK.
Section 418A (20 U.S.C. 1070d-2) is amended--
(1) in subsection (a), by adding ``(including providing
outreach and technical assistance)'' after ``maintain and
expand'';
(2) in subsection (b)--
(A) in paragraph (1)(B)(i), by striking ``parents''
and inserting ``immediate family'';
(B) in paragraph (3)(B), by inserting ``(including
preparation for college entrance examinations)'' after
``college program'';
(C) in paragraph (5), by striking ``weekly'';
(D) in paragraph (7), by striking ``and'' after the
semicolon;
(E) in paragraph (8), by striking the period at the
end and inserting ``; and''; and
(F) by adding at the end the following:
``(9) other activities to improve persistence and retention
in postsecondary education.'';
(3) in subsection (c)--
(A) in paragraph (1)--
(i) in subparagraph (B)--
(I) in the matter preceding clause
(i), by inserting ``to improve
placement, persistence, and retention
in postsecondary education'' after
``services''; and
(II) in clause (i), by striking
``and career'' and inserting ``career,
and economic education or personal
finance'';
(ii) in subparagraph (E), by striking
``and'' after the semicolon;
(iii) by redesignating subparagraph (F) as
subparagraph (G); and
(iv) by inserting after subparagraph (E)
the following:
``(F) internships; and''; and
(B) in paragraph (2)--
(i) in subparagraph (A), by striking
``and'' after the semicolon;
(ii) in subparagraph (B), by striking the
period at the end and inserting ``, and
coordinating such services, assistance, and aid
with other non-program services, assistance,
and aid, including services, assistance, and
aid provided by community-based organizations,
which may include mentoring and guidance;
and''; and
(iii) by adding at the end the following:
``(C) for students attending 2-year institutions of
higher education, encouraging the students to transfer
to 4-year institutions of higher education, where
appropriate, and monitoring the rate of transfer of
such students.'';
(4) in subsection (e), by striking ``section 402A(c)(1)''
and inserting ``section 402A(c)(2)'';
(5) in subsection (f)--
(A) in paragraph (1), by striking ``$150,000'' and
inserting ``$180,000''; and
(B) in paragraph (2), by striking ``$150,000'' and
inserting ``$180,000''; and
(6) in subsection (h)--
(A) in paragraph (1), by striking ``$15,000,000 for
fiscal year 1999'' and all that follows through the
period and inserting ``such sums as may be necessary
for fiscal year 2006 and each of the 5 succeeding
fiscal years.''; and
(B) in paragraph (2), by striking ``$5,000,000 for
fiscal year 1999'' and all that follows through the
period and inserting ``such sums as may be necessary
for fiscal year 2006 and each of the 5 succeeding
fiscal years.''.
SEC. 408. ROBERT C. BYRD HONORS SCHOLARSHIP PROGRAM.
(a) Eligibility of Scholars.--Section 419F(a) (20 U.S.C. 1070d-
36(a)) is amended by inserting ``(or a home school, whether treated as
a home school or a private school under State law)'' after ``public or
private secondary school''.
(b) Authorization of Appropriations.--Section 419K (20 U.S.C.
1070d-41) is amended by striking ``$45,000,000 for fiscal year 1999''
and all that follows through the period and inserting ``such sums as
may be necessary for fiscal year 2006 and each of the 5 succeeding
fiscal years.''.
SEC. 409. CHILD CARE ACCESS MEANS PARENTS IN SCHOOL.
(a) Minimum Grant.--Section 419N(b)(2)(B) (20 U.S.C.
1070e(b)(2)(B)) is amended--
(1) by striking ``A grant'' and inserting the following:
``(i) In general.--Except as provided in
clause (ii), a grant''; and
(2) by adding at the end the following:
``(ii) Increase trigger.--For any fiscal
year for which the amount appropriated under
the authority of subsection (g) is equal to or
greater than $20,000,000, a grant under this
section shall be awarded in an amount that is
not less than $30,000.''.
(b) Definition of Low-Income Student.--Paragraph (7) of section
419N(b) (20 U.S.C. 1070e(b)) is amended to read as follows:
``(7) Definition of low-income student.--For the purpose of
this section, the term `low-income student' means a student
who--
``(A) is eligible to receive a Federal Pell Grant
for the fiscal year for which the determination is
made; or
``(B) would otherwise be eligible to receive a
Federal Pell Grant for the fiscal year for which the
determination is made, except that the student fails to
meet the requirements of--
``(i) section 401(c)(1) because the student
is enrolled in a graduate or first professional
course of study; or
``(ii) section 484(a)(5) because the
student is in the United States for a temporary
purpose.''.
(c) Authorization of Appropriations.--Section 419N(g) (20 U.S.C.
1070e(g)) is amended by striking ``$45,000,000 for fiscal year 1999''
and all that follows through the period and inserting ``such sums as
may be necessary for fiscal year 2006 and each of the 5 succeeding
fiscal years.''.
SEC. 410. LEARNING ANYTIME ANYWHERE PARTNERSHIPS.
Subpart 8 of part A of title IV (20 U.S.C. 1070f et seq.) is
repealed.
PART B--FEDERAL FAMILY EDUCATION LOAN PROGRAM
SEC. 421. EXTENSION OF AUTHORITIES.
(a) Federal Insurance Limitations.--Section 424(a) (20 U.S.C.
1074(a)) is amended--
(1) by striking ``2004'' and inserting ``2012''; and
(2) by striking ``2008'' and inserting ``2016''.
(b) Guaranteed Loans.--Section 428(a)(5) (20 U.S.C. 1078(a)(5)) is
amended--
(1) by striking ``2004'' and inserting ``2012''; and
(2) by striking ``2008'' and inserting ``2016''.
(3) Consolidation loans.--Section 428C(e) (20 U.S.C. 1078-
3(e)) is amended by striking ``2004'' and inserting ``2012''.
SEC. 422. FEDERAL PAYMENTS TO REDUCE STUDENT INTEREST COSTS.
Section 428 (20 U.S.C. 1078) is amended--
(1) in subsection (b)(1)--
(A) in subparagraph (N)--
(i) in clause (i), by striking ``or'' after
the semicolon; and
(ii) by striking clause (ii) and inserting
the following:
``(ii) in the case of a student who is
studying outside the United States in a program
of study abroad that is approved for credit by
the home institution at which such student is
enrolled, and only after verification of the
student's enrollment by the lender or guaranty
agency, are, at the request of the student,
disbursed directly to the student by the means
described in clause (i), unless such student
requests that the check be endorsed, or the
funds transfer be authorized, pursuant to an
authorized power-of-attorney; or
``(iii) in the case of a student who is
studying outside the United States in a program
of study at an eligible foreign institution,
are, at the request of the foreign institution,
disbursed directly to the student, only after
verification of the student's enrollment by the
lender or guaranty agency by the means
described in clause (i);''; and
(B) in subparagraph (Y)(i)(III), by inserting ``,
except that, if requested by an institution of higher
education, the lender shall confirm such status through
use of the National Student Loan Data System'' before
the semicolon; and
(2) in subsection (c)(2)(H)(i), by striking ``preclaims''
and inserting ``default aversion''.
SEC. 423. FEDERAL CONSOLIDATION LOANS.
Section 428C(b)(1) (20 U.S.C. 1078-3(b)(1)) is amended--
(1) in subparagraph (E), by striking ``and'' after the
semicolon;
(2) by redesignating subparagraph (F) as subparagraph (G);
and
(3) by inserting after subparagraph (E) the following:
``(F) that the lender will disclose, in a clear and
conspicuous manner, to borrowers who consolidate loans
made under part E of this title--
``(i) that once the borrower adds the
borrower's Federal Perkins Loan to a Federal
Consolidation Loan, the borrower will lose all
interest-free periods that would have been
available, such as those periods when no
interest accrues on the Federal Perkins Loan
while the borrower is enrolled in school at
least half-time, during the grace period, and
during periods when the borrower's student loan
repayments are deferred;
``(ii) that the borrower will no longer be
eligible for loan forgiveness of Federal
Perkins Loans under any provision of section
465; and
``(iii) the occupations described in
section 465(a)(2), individually and in detail,
for which the borrower will lose eligibility
for Federal Perkins Loan forgiveness; and''.
SEC. 424. DEFAULT REDUCTION PROGRAM.
Section 428F (20 U.S.C. 1078-6) is amended by adding at the end the
following:
``(c) Financial and Economic Literacy.--Where appropriate as
determined by the institution of higher education in which a borrower
is enrolled, each program described in subsection (b) shall include
making available financial and economic education materials for the
borrower, including making the materials available before, during, or
after rehabilitation of a loan.''.
SEC. 425. REQUIREMENTS FOR DISBURSEMENT OF STUDENT LOANS.
Section 428G(e) (20 U.S.C. 1078-7(e)) is amended by striking ``,
made to a student to cover the cost of attendance at an eligible
institution outside the United States''.
SEC. 426. REPORTS TO CREDIT BUREAUS AND INSTITUTIONS OF HIGHER
EDUCATION.
Section 430A(a) (20 U.S.C. 1080a(a)) is amended--
(1) in the first sentence, by striking ``with credit bureau
organizations'' and inserting ``with each consumer reporting
agency that compiles and maintains files on consumers on a
nationwide basis (as defined in section 603(p) of the Fair
Credit Reporting Act (15 U.S.C. 1681a(p))'';
(2) by redesignating paragraphs (1), (2), and (3) as
paragraphs (2), (4), and (5), respectively;
(3) by inserting before paragraph (2) (as redesignated by
paragraph (2)), the following:
``(1) the type of loan made, insured, or guaranteed under
this title;'';
(4) by inserting after paragraph (2) (as redesignated by
paragraph (2)), the following:
``(3) information concerning the repayment status of the
loan, which information shall be included in the file of the
borrower, except that nothing in this subsection shall be
construed to affect any otherwise applicable provision of the
Fair Credit Reporting Act (15 U.S.C. 1681 et seq.)'';
(5) in paragraph (4) (as redesignated by paragraph (2)), by
striking ``and'' after the semicolon;
(6) in paragraph (5) (as redesignated by paragraph (2)), by
striking the period and inserting ``; and''; and
(7) by adding at the end the following:
``(6) any other information required to be reported by
Federal law.''.
SEC. 427. COMMON FORMS AND FORMATS.
Section 432(m)(1)(D)(i) (20 U.S.C. 1082(m)(1)(D)(i)) is amended by
adding at the end the following: ``Unless otherwise notified by the
Secretary, each institution of higher education that participates in
the program under this part or part D may use a master promissory note
for loans under this part and part D.''.
SEC. 428. STUDENT LOAN INFORMATION BY ELIGIBLE BORROWERS.
Section 433 (20 U.S.C. 1083) is amended by adding at the end the
following:
``(f) Borrower Information and Privacy.--Each entity participating
in a program under this part that is subject to subtitle A of title V
of the Gramm-Leach-Bliley Act (15 U.S.C. 6801 et seq.) shall only use,
release, disclose, sell, transfer, or give student information,
including the name, address, social security number, or amount borrowed
by a borrower or a borrower's parent, in accordance with the provisions
of such subtitle.
``(g) Loan Benefit Disclosures.--
``(1) In general.--Each eligible lender, holder, or
servicer of a loan made, insured, or guaranteed under this part
shall provide the borrower with information on the loan benefit
repayment options the lender, holder, or servicer offer,
including information on reductions in interest rates--
``(A) by repaying the loan by automatic payroll or
checking account deduction;
``(B) by completing a program of on-time repayment;
and
``(C) under any other interest rate reduction
program.
``(2) Information.--Such borrower information shall
include--
``(A) any limitations on such options;
``(B) explicit information on the reasons a
borrower may lose eligibility for such an option;
``(C) examples of the impact the interest rate
reductions will have on a borrower's time for repayment
and amount of repayment;
``(D) upon the request of the borrower, the effect
the reductions in interest rates will have with respect
to the borrower's payoff amount and time for repayment;
and
``(E) information on borrower recertification
requirements.''.
SEC. 429. CONSUMER EDUCATION INFORMATION.
Part B (20 U.S.C. 1071 et seq.) is amended by inserting after
section 433 (20 U.S.C. 1083) the following:
``SEC. 433A. CONSUMER EDUCATION INFORMATION.
``Each guaranty agency participating in a program under this part
working with the institutions of higher education served by such
guaranty agency (or in the case of an institution of higher education
that provides loans exclusively through part D, the institution working
with a guaranty agency or with the Secretary) shall develop and make
available a quality educational program and materials to provide
training for students in budgeting and financial management, including
debt management and other aspects of financial literacy, such as the
cost of using very high interest loans to pay for postsecondary
education, particularly as budgeting and financial management relates
to student loan programs authorized by this title. Nothing in this
section shall be construed to prohibit a guaranty agency from using an
existing program or existing materials to meet the requirement of this
section. The activities described in this section shall be considered
default reduction activities for the purposes of section 422.''.
SEC. 430. DEFINITION OF ELIGIBLE LENDER.
Section 435(d)(2) (20 U.S.C. 1085(d)(2)) is amended by striking
subparagraph (F) and inserting the following:
``(F) shall use the proceeds from special allowance
payments, interest payments from borrowers, proceeds
from the sale of a loan made, insured, or guaranteed
under this part, and all other proceeds related to such
a loan that are furnished to the eligible institution
or any entity affiliated (directly or indirectly) with
the eligible institution, for need based grant
programs, except that such payments and proceeds may be
used for reasonable reimbursement for direct
administrative expenses;''.
SEC. 431. REPAYMENT BY THE SECRETARY OF LOANS OF BANKRUPT, DECEASED, OR
DISABLED BORROWERS; TREATMENT OF BORROWERS ATTENDING
SCHOOLS THAT FAIL TO PROVIDE A REFUND, ATTENDING CLOSED
SCHOOLS, OR FALSELY CERTIFIED AS ELIGIBLE TO BORROW.
Section 437 (20 U.S.C. 1087) is amended--
(1) in the section heading, by striking ``closed schools or
falsely certified as eligible to borrow'' and inserting
``schools that fail to provide a refund, attending closed
schools, or falsely certified as eligible to borrow''; and
(2) in the first sentence of subsection (c)(1), by
inserting ``or was falsely certified as a result of a crime of
identity theft'' after ``falsely certified by the eligible
institution''.
PART C--FEDERAL WORK-STUDY PROGRAMS
SEC. 441. AUTHORIZATION OF APPROPRIATIONS.
Section 441(b) (42 U.S.C. 2751(b)) is amended by striking
``$1,000,000 for fiscal year 1999'' and all that follows through the
period and inserting ``such sums as may be necessary for fiscal year
2006 and each of the 5 succeeding fiscal years.''.
SEC. 442. ALLOWANCE FOR BOOKS AND SUPPLIES.
Section 442(c)(4)(D) (42 U.S.C. 2752(c)(4)(D)) is amended by
striking ``$450'' and inserting ``$600''.
SEC. 443. GRANTS FOR FEDERAL WORK-STUDY PROGRAMS.
Section 443(b)(2) (42 U.S.C. 2753(b)(2)) is amended--
(1) by striking subparagraph (A);
(2) by redesignating subparagraphs (B) and (C) as
subparagraphs (A) and (B), respectively; and
(3) in subparagraph (A) (as redesignated by paragraph (2)),
by striking ``this subparagraph if'' and all that follows
through ``institution;'' and inserting ``this subparagraph if--
``(i) the Secretary determines that
enforcing this subparagraph would cause
hardship for students at the institution; or
``(ii) the institution certifies to the
Secretary that 15 percent or more of its total
full-time enrollment participates in community
service activities described in section 441(c)
or tutoring and literacy activities described
in subsection (d) of this section;''.
SEC. 444. JOB LOCATION AND DEVELOPMENT PROGRAMS.
Section 446(a)(1) (42 U.S.C. 2756(a)(1)) is amended by striking
``$50,000'' and inserting ``$75,000''.
SEC. 445. WORK COLLEGES.
Section 448 (42 U.S.C. 2756b) is amended--
(1) in subsection (b)--
(A) in paragraph (1), by striking ``under
subsection (f)'' and inserting ``for this section under
section 441(b)''; and
(B) in paragraph (2)--
(i) in the matter preceding subparagraph
(A), by striking ``pursuant to subsection (f)''
and inserting ``for this section under section
441(b)'';
(ii) by redesignating subparagraphs (C)
through (F) as subparagraphs (D) through (G),
respectively; and
(iii) by inserting after subparagraph (B)
the following:
``(C) support existing and new model student
volunteer community service projects associated with
local institutions of higher education, such as
operating drop-in resource centers that are staffed by
students and that link people in need with the
resources and opportunities necessary to become self-
sufficient;'';
(2) in subsection (c), by striking ``by subsection (f) to
use funds under subsection (b)(1)'' and inserting ``for this
section under section 441(b) or to use funds under subsection
(b)(1),''; and
(3) by striking subsection (f).
PART D--WILLIAM D. FORD FEDERAL DIRECT LOAN PROGRAM
SEC. 451. FUNDS FOR ADMINISTRATIVE EXPENSES.
Section 458 (20 U.S.C. 1087h) is amended--
(1) in subsection (a)(1), in the matter following
subparagraph (B), by striking ``$617,000,000'' and all that
follows through the period and inserting ``$904,000,000 in
fiscal year 2006, $943,000,000 in fiscal year 2007,
$983,000,000 in fiscal year 2008, $1,023,000,000 in fiscal year
2009, $1,064,000,000 in fiscal year 2010, and $1,106,000,000 in
fiscal year 2011.''; and
(2) in subsection (c)(1), by striking subparagraphs (A)
through (E) and inserting the following:
``(A) for fiscal year 2006, shall not exceed
$271,000,000;
``(B) for fiscal year 2007, shall not exceed
$293,000,000;
``(C) for fiscal year 2008, shall not exceed
$315,000,000;
``(D) for fiscal year 2009, shall not exceed
$336,000,000;
``(E) for fiscal year 2010, shall not exceed
$356,000,000; and
``(F) for fiscal year 2011, shall not exceed
$378,000,000.''.
PART E--FEDERAL PERKINS LOANS
SEC. 461. PROGRAM AUTHORITY.
Section 461(b) (20 U.S.C. 1087aa(b)) is amended--
(1) in paragraph (1), by striking ``$250,000,000 for fiscal
year 1999'' and all that follows through the period and
inserting ``such sums as may be necessary for fiscal year 2006
and each of the 5 succeeding fiscal years.''; and
(2) in paragraph (2),--
(A) by striking ``fiscal year 2003'' and inserting
``fiscal year 2012''; and
(B) by striking ``October 1, 2003'' and inserting
``October 1, 2012''.
SEC. 462. TERMS OF LOANS.
Section 464 (20 U.S.C. 1087dd) is amended--
(1) in subsection (b)(1), by striking ``for an additional
loan under this part'' and inserting ``for additional aid under
this title''; and
(2) in subsection (e), by striking ``written''.
SEC. 463. CANCELLATION OF LOANS FOR CERTAIN PUBLIC SERVICE.
Section 465(a) (20 U.S.C. 1087ee(a)) is amended--
(1) in paragraph ( 2)--
(A) in subparagraph (B), by striking ``Head Start
Act which'' and inserting ``Head Start Act, or in a
prekindergarten or child care program that is licensed
or regulated by the State, that'';
(B) in subparagraph (H), by striking ``or'' after
the semicolon;
(C) in subparagraph (I), by striking the period and
inserting a semicolon; and
(D) by inserting before the matter following
subparagraph (I) (as amended by subparagraph (C)) the
following:
``(J) as a full-time faculty member at a Tribal College or
University, as that term is defined in section 316;
``(K) as a librarian, if the librarian has a master's
degree in library science and is employed in--
``(i) an elementary school or secondary school that
is eligible for assistance under title I of the
Elementary and Secondary Education Act of 1965; or
``(ii) a public library that serves a geographic
area that contains 1 or more schools eligible for
assistance under title I of the Elementary and
Secondary Education Act of 1965; or
``(L) as a full-time speech language therapist, if the
therapist has a master's degree and is working exclusively with
schools that are eligible for assistance under title I of the
Elementary and Secondary Education Act of 1965.''; and
(2) in paragraph (3)(A)(i), by striking ``or (I)'' and
inserting ``(I), (J), (K), or (L)''.
SEC. 464. FEDERAL CAPITAL CONTRIBUTION RECOVERY.
Section 466 (20 U.S.C. 1087ff) is amended--
(1) in subsection (a)--
(A) by striking ``2003'' each place it appears and
inserting ``2011''; and
(B) by striking ``2004'' and inserting ``2012'';
and
(2) in subsection (c), by striking ``2004'' and inserting
``2012''.
PART F--NEED ANALYSIS
SEC. 471. COST OF ATTENDANCE.
Section 472 (20 U.S.C. 1087ll) is amended--
(1) by striking paragraph (4) and inserting the following:
``(4) for less than half-time students (as determined by
the institution), tuition and fees and an allowance for only--
``(A) books, supplies, and transportation (as
determined by the institution);
``(B) dependent care expenses (determined in
accordance with paragraph (8)); and
``(C) room and board costs (determined in
accordance with paragraph (3)), except that a student
may receive an allowance for such costs under this
subparagraph for not more than 3 semesters or the
equivalent, of which not more than 2 semesters or the
equivalent may be consecutive;'';
(2) in paragraph (11), by striking ``and'' after the
semicolon;
(3) in paragraph (12), by striking the period and inserting
``; and''; and
(4) by adding at the end the following:
``(13) at the option of the institution, for a student in a
program requiring professional licensure or certification, the
one time cost of obtaining the first professional credentials
(as determined by the institution).''.
SEC. 472. DISCRETION OF STUDENT FINANCIAL AID ADMINISTRATORS.
The third sentence of section 479A(a) (20 U.S.C. 1087tt(a)) is
amended--
(1) by inserting ``or an independent student'' after
``family member''; and
(2) by inserting ``a change in housing status that results
in homelessness,'' after ``under section 487,''.
SEC. 473. DEFINITIONS.
(a) Definitions.--Section 480 (20 U.S.C. 1087vv) is amended--
(1) in subsection (f)--
(A) in paragraph (1), by inserting ``qualified
education benefits (except as provided in paragraph
(3)),'' after ``tax shelters,''; and
(B) by adding at the end the following:
``(3) A qualified education benefit shall not be considered an
asset of a student for purposes of section 475.
``(4) In determining the value of assets in a determination of need
under this title (other than for subpart 4 of part A), the value of a
qualified education benefit shall be--
``(A) the refund value of any tuition credits or
certificates purchased under a qualified education benefit; and
``(B) in the case of a program in which contributions are
made to an account that is established for the purpose of
meeting the qualified higher education expenses of the
designated beneficiary of the account, the current balance of
such account.
``(5) In this subsection:
``(A) Qualified education benefit.--The term `qualified
education benefit' means--
``(i) a qualified tuition program (as defined in
section 529(b)(1)(A) of the Internal Revenue Code of
1986) or other prepaid tuition plan offered by a State;
and
``(ii) a Coverdell education savings account (as
defined in section 530(b)(1) of the Internal Revenue
Code of 1986).
``(B) Qualified higher education expenses.--The term
`qualified higher education expenses' has the meaning given the
term in section 529(e) of the Internal Revenue Code of 1986.'';
and
(2) in subsection (j)--
(A) in the subsection heading, by striking ``;
Tuition Prepayment Plans'';
(B) by striking paragraph (2);
(C) by redesignating paragraph (3) as paragraph
(2); and
(D) by inserting after paragraph (2) (as
redesignated by subparagraph (C)) the following
paragraph:
``(3) Notwithstanding paragraph (1) and section 472, assistance not
received under this title may be excluded from both estimated financial
assistance and cost of attendance, if that assistance is designated by
the State providing that assistance to offset a specific component of
the cost of attendance. If that assistance is excluded from estimated
financial assistance or cost of attendance, that assistance shall be
excluded from both calculations.''.
(b) Effective Date.--The amendments made by this section shall
apply with respect to determinations of need under part F of title IV
for academic years beginning on or after July 1, 2006.
PART G--GENERAL PROVISIONS RELATING TO STUDENT ASSISTANCE
SEC. 481. DEFINITIONS.
Section 481 (20 U.S.C. 1088) is amended--
(1) in the second sentence of subsection (a)(2), by
inserting ``and that measures program length in credit hours or
clock hours'' after ``baccalaureate degree''; and
(2) in subsection (b), by adding at the end the following:
``(3) For purposes of this title, the term `eligible program'
includes an instructional program that utilizes direct assessment of
student learning or recognizes the direct assessment of student
learning by others, if such assessment is consistent with the
accreditation of the institution or program utilizing the results of
the assessment, in lieu of credit hours or clock hours as the measure
of student learning. In the case of a program being determined eligible
for the first time under this paragraph, such determination shall be
made by the Secretary before such program is considered to be an
eligible program.''.
SEC. 482. COMPLIANCE CALENDAR.
Section 482 (20 U.S.C. 1089) is amended by adding at the end the
following:
``(e) Compliance Calendar.--Prior to the beginning of each award
year, the Secretary shall provide to institutions of higher education a
list of all the reports and disclosures required under this Act. The
list shall include--
``(1) the date each report or disclosure is required to be
completed and to be submitted, made available, or disseminated;
``(2) the required recipients of each report or disclosure;
``(3) any required method for transmittal or dissemination
of each report or disclosure;
``(4) a description of the content of each report or
disclosure sufficient to allow the institution to identify the
appropriate individuals to be assigned the responsibility for
such report or disclosure;
``(5) references to the statutory authority, applicable
regulations, and current guidance issued by the Secretary
regarding each report or disclosure; and
``(6) any other information which is pertinent to the
content or distribution of the report or disclosure.''.
SEC. 483. FORMS AND REGULATIONS.
Section 483 (20 U.S.C. 1090) is amended--
(1) by striking subsections (a) and (b), and inserting the
following:
``(a) Common Financial Aid Form Development and Processing.--
``(1) In general.--The Secretary, in cooperation with
representatives of agencies and organizations involved in
student financial assistance, shall produce, distribute, and
process free of charge common financial reporting forms as
described in this subsection to be used to determine the need
and eligibility of a student for financial assistance under
parts A through E of this title (other than under subpart 4 of
part A). The forms shall be made available to applicants in
both paper and electronic formats and shall be referred to
(except as otherwise provided in this subsection) as the `Free
Application for Federal Student Aid', or `FAFSA'.
``(2) Paper format.--
``(A) In general.--Subject to subparagraph (C), the
Secretary shall produce, distribute, and process common
forms in paper format to meet the requirements of
paragraph (1). The Secretary shall develop a common
paper form for applicants who do not meet the
requirements of or do not wish to use the process
described in subparagraph (B).
``(B) EZ fafsa.--
``(i) In general.--The Secretary shall
develop and use a simplified paper application
form, to be known as the `EZ FAFSA', to be used
for applicants meeting the requirements under
section 479(c).
``(ii) Reduced data requirements.--The EZ
FAFSA shall permit an applicant to submit for
purposes of determining financial need and
eligibility, only the data elements required to
make a determination of student eligibility and
whether the applicant meets the requirements of
section 479(c).
``(iii) State data.--The Secretary shall
include on the EZ FAFSA such data items as may
be necessary to award State financial
assistance, as provided under paragraph (5),
except the Secretary shall not include a
State's data if that State does not permit its
applicants for State assistance to use the EZ
FAFSA.
``(iv) Free availability and processing.--
The provisions of paragraph (6) shall apply to
the EZ FAFSA, and the data collected by means
of the EZ FAFSA shall be available to
institutions of higher education, guaranty
agencies, and States in accordance with
paragraph (9).
``(v) Testing.--The Secretary shall conduct
appropriate field testing on the EZ FAFSA.
``(C) Phasing out the full paper form for students
who do not meet the requirements of the ez fafsa.--
``(i) In general.--The Secretary shall make
all efforts to encourage all applicants to
utilize the electronic forms described in
paragraph (3).
``(ii) Phaseout of full paper fafsa.--Not
later than 5 years after the date of enactment
of the Higher Education Amendments of 2005, to
the extent practicable, the Secretary shall
phase out the printing of the long paper form
created under subparagraph (A) and used by
applicants who do not meet the requirements of
the EZ FAFSA described in subparagraph (B).
``(iii) Availability of full paper fafsa.--
``(I) In general.--Both prior to
and after the phaseout described in
clause (ii), the Secretary shall
maintain on the Internet printable
versions of the paper forms described
in subparagraphs (A) and (B).
``(II) Accessibility.--The
printable versions described in
subclause (I) shall be made easily
accessible and downloadable to students
on the same Web site used to provide
students with the common electronic
forms described in paragraph (3).
``(III) Submission of forms.--The
Secretary shall conduct a study to
determine the feasibility of using
downloaded forms to ensure sufficient
quality to meet the processing
requirements of this section. Following
the completion of the study, the
Secretary shall enable, to the extent
practicable, students to submit a form
described in this clause that is
downloaded from the Internet and
printed, in order to meet the filing
requirements of this section and to
receive financial assistance under this
title.
``(iv) Use of savings.--
``(I) In general.--The Secretary
shall utilize any realized savings
accrued by phasing out the full paper
FAFSA and moving more applicants to the
common electronic forms, to improve
access to the electronic forms for
applicants meeting the requirements of
section 479(c).
``(II) Report.--The Secretary shall
report annually to the authorizing
committees on--
``(aa) the steps taken to
improve access to the common
electronic forms for applicants
meeting the requirements of
section 479(c); and
``(bb) the phaseout of the
long common paper form
described in subparagraph (A).
``(3) Electronic format.--
``(A) In general.--The Secretary shall produce,
distribute, and process common forms in electronic
format and make such forms available through a broadly
accessible website to meet the requirements of
paragraph (1). The Secretary shall develop common
electronic forms for applicants who do not meet the
requirements of subparagraph (B). The Secretary shall
include on the common electronic forms space for
information that needs to be submitted from the
applicant to be eligible for State financial
assistance, as provided under paragraph (5), except the
Secretary shall not require applicants to complete data
required by any State other than the applicant's State
of residence. The Secretary shall use all available
technology to ensure that a student using a common
electronic form answers only the minimum number of
questions necessary.
``(B) Simplified electronic applications.--
``(i) In general.--The Secretary shall
develop and use a simplified electronic
application form to be used by applicants
meeting the requirements of section 479(c) and
an additional, separate simplified electronic
application form to be used by applicants
meeting the requirements under section 479(b).
``(ii) Reduced data requirements.--The
simplified electronic application forms shall
permit an applicant to submit for purposes of
determining financial need and eligibility,
only the data elements required to make a
determination of student eligibility and
whether the applicant meets the requirements of
subsection (b) or (c) of section 479.
``(iii) State data.--The Secretary shall
include on the simplified electronic
application forms such data items as may be
necessary to award State financial assistance,
as provided under paragraph (5), except the
Secretary shall not require applicants to
complete data required by any State other than
the applicant's State of residence and shall
not include a State's data if such State does
not permit its applicants for State assistance
to use the simplified electronic application
form described in this subparagraph.
``(iv) Free availability and processing.--
The provisions of paragraph (6) shall apply to
the simplified electronic application forms,
and the data collected by means of the
simplified electronic application forms shall
be available to institutions of higher
education, guaranty agencies, and States in
accordance with paragraph (9).
``(v) Testing.--The Secretary shall conduct
appropriate field testing on the forms
developed under this subparagraph.
``(C) Use of forms.--Nothing in this subsection
shall be construed to prohibit the use of the forms
developed by the Secretary pursuant to this paragraph
by an eligible institution, eligible lender, a guaranty
agency, a State grant agency, a private computer
software provider, a consortium of such entities, or
such other entity as the Secretary may designate. Data
collected by the forms shall be used only for the
application, award, and administration of aid awarded
under this title, State aid, or aid awarded by eligible
institutions or such entities as the Secretary may
designate. No data collected by such electronic version
of the forms shall be used for making final aid awards
under this title until such data have been processed by
the Secretary or a contractor or designee of the
Secretary, except as may be permitted under this title.
``(D) Privacy.--The Secretary shall ensure that
data collection under this paragraph complies with
section 552a of title 5, United States Code, and that
any entity using the electronic version of the forms
developed by the Secretary pursuant to this paragraph
shall maintain reasonable and appropriate
administrative, technical, and physical safeguards to
ensure the integrity and confidentiality of the
information, and to protect against security threats,
or unauthorized uses or disclosures of the information
provided on the electronic version of the forms.
``(E) Signature.--Notwithstanding any other
provision of this Act, the Secretary may permit an
electronic form under this paragraph to be submitted
without a signature, if a signature is subsequently
submitted by the applicant or if the applicant uses a
personal identification number provided by the
Secretary under subparagraph (F).
``(F) Personal identification numbers authorized.--
The Secretary is authorized to assign to applicants
personal identification numbers--
``(i) to enable the applicants to use such
numbers as a signature for purposes of
completing a form under this paragraph; and
``(ii) for any purpose determined by the
Secretary to enable the Secretary to carry out
this title.
``(4) Streamlined reapplication process.--
``(A) In general.--The Secretary shall develop
streamlined reapplication forms and processes,
including both paper and electronic reapplication
processes, consistent with the requirements of this
subsection, for an applicant who applies for financial
assistance under this title in the next succeeding
academic year subsequent to an academic year in which
such applicant applied for financial assistance under
this title.
``(B) Mechanisms for reapplication.--The Secretary
shall develop appropriate mechanisms to support
reapplication.
``(C) Identification of updated data.--The
Secretary shall determine, in cooperation with States,
institutions of higher education, and agencies and
organizations involved in student financial assistance,
the data elements that can be updated from the previous
academic year's application.
``(D) Reduced data authorized.--Nothing in this
title shall be construed as limiting the authority of
the Secretary to reduce the number of data elements
required of reapplicants.
``(E) Zero family contribution.--Applicants
determined to have a zero family contribution pursuant
to section 479(c) shall not be required to provide any
financial data in a replication form, except that which
is necessary to determine eligibility under such
section.
``(5) State requirements.--
``(A) In general.--Except as provided in paragraphs
(2)(B)(iii), (3)(A), and (3)(B)(iii), the Secretary
shall include on the forms developed under this
subsection, such State-specific data items as the
Secretary determines are necessary to meet State
requirements for need-based State aid. Such items shall
be selected in consultation with State agencies in
order to assist in the awarding of State financial
assistance in accordance with the terms of this
subsection, except as provided in paragraphs
(2)(B)(iii), (3)(A), and (3)(B)(iii). The number of
such data items shall not be less than the number
included on the form for the 2005-2006 award year
unless a State notifies the Secretary that the State no
longer requires those data items for the distribution
of State need-based aid.
``(B) Annual review.--The Secretary shall conduct
an annual review process to determine which data items
the States require to award need-based State aid.
``(C) Encourage use of forms.--The Secretary shall
encourage States to take such steps as are necessary to
encourage the use of simplified application forms,
including those described in paragraphs (2)(B) and
(3)(B), for applicants who meet the requirements of
subsection (b) or (c) of section 479.
``(D) Federal register notice.--The Secretary shall
publish, on an annual basis, a notice in the Federal
Register requiring States to inform the Secretary--
``(i) if the State plans to use the FAFSA
to collect data to determine eligibility for
State need-based financial aid;
``(ii) of the State-specific data that the
State requires for delivery of State need-based
financial aid; and
``(iii) if the State agency is unable to
permit applicants to utilize the simplified
application forms described in paragraph (2)(B)
or (3)(B).
``(E) State notification to the secretary.--
``(i) In general.--Each State agency shall
notify the Secretary--
``(I) whether the State permits an
applicant to file a form described in
paragraph (2)(B) or (3)(B) for purposes
of determining eligibility for State
need-based financial aid; and
``(II) of the State-specific data
that the State requires for delivery of
State need-based financial aid.
``(ii) Acceptance of forms.--If a State
does not permit an applicant to file a form
described in paragraph (2)(B) or (3)(B) for
purposes of determining eligibility for State
need-based financial aid, then the State shall
notify the Secretary if it is not permitted to
do so because of State law or agency policy.
The notification shall include an
acknowledgment that State-specific questions
will not be included on a form described in
paragraph (2)(B) or (3)(B).
``(iii) Lack of notification by the
state.--If a State does not notify the
Secretary pursuant to clause (i), the Secretary
shall--
``(I) permit residents of that
State to complete simplified
application forms under paragraphs
(2)(B) and (3)(B); and
``(II) not require any resident of
such State to complete any data
previously required by that State under
this section.
``(F) Restriction.--The Secretary shall not require
applicants to complete any financial or non-financial
data that are not required by the applicant's State,
except as may be required for applicants who use the
paper forms described in subparagraphs (A) and (B) of
paragraph (2).
``(6) Charges to students and parents for use of forms
prohibited.--The common financial reporting forms prescribed by
the Secretary under this subsection shall be produced,
distributed, and processed by the Secretary, and no parent or
student shall be charged a fee by the Secretary, a contractor,
a third-party servicer or private software provider, or any
other public or private entity for the collection, processing,
or delivery of financial aid through the use of such forms. The
need and eligibility of a student for financial assistance
under parts A through E (other than under subpart 4 of part A)
may be determined only by using a form developed by the
Secretary pursuant to this subsection. No student may receive
financial assistance under parts A through E (other than under
subpart 4 of part A), except by use of a form developed by the
Secretary pursuant to this subsection. No data collected on a
paper or electronic form or other document that the Secretary
determines was created to replace a form prescribed under this
subsection and therefore violates the integrity of a simplified
and free financial aid application process and for which a fee
is charged shall be used to complete the form prescribed under
this subsection. No person, commercial entity, or other entity
shall request, obtain, or utilize an applicant's personal
identification number assigned under paragraph (3)(F) for
purposes of submitting an application on an applicant's behalf.
``(7) Application processing cycle.--The Secretary shall--
``(A) enable students to submit forms created under
this subsection in order to meet the filing
requirements of this section and in order to receive
financial assistance from programs under this title;
and
``(B) enable students to submit forms created under
this subsection and initiate the processing of such
forms under this subsection, as early as practicable
prior to January 1 of the student's planned year of
enrollment.
``(8) Early estimates.--The Secretary shall permit an
applicant to complete a form described in this subsection in
the years prior to enrollment in order to obtain from the
Secretary a nonbinding estimate of the applicant's expected
family contribution, as defined in section 473. Such applicant
shall be permitted to update information submitted on a form
described in this subsection using the process required under
paragraph (4).
``(9) Distribution of data.--Institutions of higher
education, guaranty agencies, and States shall receive, without
charge, the data collected by the Secretary using the form
developed pursuant to this subsection for the purposes of
processing loan applications and determining need and
eligibility for institutional and State financial aid awards.
Entities designated by institutions of higher education,
guaranty agencies, or States to receive such data shall be
subject to all the requirements of this section, unless such
requirements are waived by the Secretary.
``(10) Third party servicers and private software
providers.--To the extent practicable and in a timely manner,
the Secretary shall provide, to private organizations and
consortia that develop software used by institutions of higher
education for the administration of funds under this title, all
the necessary specifications that the organizations and
consortia must meet for the software the organizations and
consortia develop, produce, and distribute (including any
diskette, modem, or network communications) which are so used.
The specifications shall contain record layouts for required
data. The Secretary shall develop in advance of each processing
cycle an annual schedule for providing such specifications. The
Secretary, to the extent practicable, shall use means of
providing such specifications, including conferences and other
meetings, outreach, and technical support mechanisms (such as
training and printed reference materials). The Secretary shall,
from time to time, solicit from such organizations and
consortia means of improving the support provided by the
Secretary.
``(11) Parent's social security number and birth date.--The
Secretary is authorized to include on the form developed under
this subsection space for the social security number and birth
date of parents of dependent students seeking financial
assistance under this title.'';
(2) by redesignating subsections (c) through (e) as
subsections (b) through (d), respectively;
(3) in subsection (c) (as redesignated by paragraph (2)),
by striking ``that is authorized'' and all that follows through
the period at the end and inserting ``or other appropriate
provider of technical assistance and information on
postsecondary educational services that is authorized under
section 663(a) of the Individuals with Disabilities Education
Act. Not later than 2 years after the date of enactment of the
Higher Education Amendments of 2005, the Secretary shall test
and implement, to the extent practicable, a toll-free telephone
based system to permit applicants who meet the requirements of
479(c) to submit an application over such system.''; and
(4) by striking subsection (d) (as redesignated by
paragraph (2)) and inserting the following:
``(d) Assistance in Preparation of Financial Aid Application.--
``(1) Preparation authorized.--Notwithstanding any
provision of this Act, an applicant may use a preparer for
consultative or preparation services for the completion of the
common financial reporting forms described in subsection (a) if
the preparer satisfies the requirements of this subsection.
``(2) Preparer identification.--Any common financial
reporting form required to be made under this title shall
include the name, signature, address or employer's address,
social security number or employer identification number, and
organizational affiliation of the preparer of such common
financial reporting form.
``(3) Additional requirements.--A preparer that provides
consultative or preparation services pursuant to this
subsection shall--
``(A) clearly inform individuals upon initial
contact (including advertising in clear and conspicuous
language on the website of the preparer, including by
providing a link directly to the website described in
subsection (a)(3), if the preparer provides such
services through a website) that the common financial
reporting forms that are required to determine
eligibility for financial assistance under parts A
through E (other than subpart 4 of part A) may be
completed for free via paper or electronic forms
provided by the Secretary;
``(B) refrain from producing or disseminating any
form other than the forms produced by the Secretary
under subsection (a); and
``(C) not charge any fee to any individual seeking
such services who meets the requirements of subsection
(b) or (c) of section 479.
``(4) Special rule.--Nothing in this Act shall be construed
to limit preparers of the common financial reporting forms
required to be made under this title who meet the requirements
of this subsection from collecting source information from a
student or parent, including Internal Revenue Service tax
forms, in providing consultative and preparation services in
completing the forms.''.
SEC. 484. STUDENT ELIGIBILITY.
Section 484 (20 U.S.C. 1091) is amended--
(1) in subsection (d), by adding at the end the following:
``(4) The student shall be determined by the institution of
higher education as having the ability to benefit from the
education or training offered by the institution of higher
education, upon satisfactory completion of 6 credit hours or
the equivalent coursework that are applicable toward a degree
or certificate offered by the institution of higher
education.'';
(2) by striking subsection (l) and inserting the following:
``(l) Courses Offered Through Distance Education.--
``(1) Relation to correspondence courses.--
``(A) In general.--A student enrolled in a course
of instruction at an institution of higher education
that is offered principally through distance education
and leads to a recognized certificate, or associate,
baccalaureate, or graduate degree, conferred by such
institution, shall not be considered to be enrolled in
correspondence courses.
``(B) Exception.--An institution of higher
education referred to in subparagraph (A) shall not
include an institution or school described in section
3(3)(C) of the Carl D. Perkins Vocational and Technical
Education Act of 1998.
``(2) Restriction or reductions of financial aid.--A
student's eligibility to receive grants, loans, or work
assistance under this title shall be reduced if a financial aid
officer determines under the discretionary authority provided
in section 479A that distance education results in a
substantially reduced cost of attendance to such student.
``(3) Special rule.--For award years prior to the date of
enactment of this subsection, the Secretary shall not take any
compliance, disallowance, penalty, or other action against a
student or an eligible institution when such action arises out
of such institution's prior award of student assistance under
this title if the institution demonstrates to the satisfaction
of the Secretary that its course of instruction would have been
in conformance with the requirements of this subsection.
``(4) Definition.--In this subsection, the term `distance
education' has the meaning given the term in section 102.'';
and
(3) in subsection (r)--
(A) in the matter preceding the table, by inserting
``of a controlled substance, while such student is
enrolled in an institution of higher education and
receiving financial assistance under this title,''
after ``the possession'';
(B) in the column heading of the first table, by
inserting ``while the student is enrolled in an
institution of higher education and receiving financial
assistance under this title'' after ``possession of a
controlled substance''; and
(C) by redesignating paragraph (3) as paragraph
(4); and
(D) by inserting after paragraph (2) the following:
``(3) Interaction with fafsa.--The Secretary shall not
require a student to provide information regarding the
student's possession of a controlled substance on the Free
Application for Federal Student Aid described in section
483(a).''.
SEC. 485. STATUTE OF LIMITATIONS AND STATE COURT JUDGMENTS.
Section 484A (20 U.S.C. 1091a) is amended--
(1) in subsection (b)--
(A) in paragraph (1), by striking ``and'' after the
semicolon;
(B) in paragraph (2), by striking the period and
inserting ``; and''; and
(C) by adding at the end the following:
``(3) in collecting any obligation arising from a loan made
under part E of this title, an institution of higher education
that has an agreement with the Secretary pursuant to section
463(a) shall not be subject to a defense raised by any borrower
based on a claim of infancy.''; and
(2) by adding at the end the following:
``(d) Special Rule.--This section shall not apply in the case of a
student who is deceased or to a deceased student's estate or the estate
of such student's family. If a student is deceased, then the student's
estate or the estate of the student's family shall not be required to
repay any financial assistance under this title , including interest
paid on the student's behalf, collection costs, or other charges
specified in this title.''.
SEC. 486. INSTITUTIONAL REFUNDS.
Section 484B (20 U.S.C. 1091B) is amended--
(1) in subsection (a)--
(A) in the matter preceding clause (i) of paragraph
(2)(A), by striking ``a leave of'' and inserting ``1 or
more leaves of''; and
(B) in paragraph (3)(C)(i), by striking ``grant or
loan assistance under this title'' and inserting
``grant assistance under subparts 1 and 3 of part A, or
loan assistance under parts B, D, and E,'';
(2) in subsection (b), by adding at the end the following:
``(4) Time frame.--Not later than 45 days after the date of
an institution's determination that a student withdrew from the
institution, the institution shall--
``(A) return the amount required under paragraph
(1);
``(B) notify the student of the applicable
requirements regarding the overpayment of grant and
loan assistance and
``(C) notify the student of the student's
eligibility for post-withdrawal disbursements.'';
(3) in subsection (c)(2), by striking ``may determine the
appropriate withdrawal date.'' and inserting ``may determine--
(A) the appropriate withdrawal date; and
``(B) that the requirements of this section do not
apply to the student.''; and
(4) in subsection (d)(2), by striking ``clock hours--'' and
all that follows through the period and inserting ``clock hours
scheduled to be completed by the student in that period as of
the day the student withdrew.''.
SEC. 487. INSTITUTIONAL AND FINANCIAL ASSISTANCE FOR STUDENTS.
Section 485 (20 U.S.C. 1092) is amended--
(1) in subsection (a)--
(A) in paragraph (1)--
(i) in subparagraph (N), by striking
``and'' after the semicolon;
(ii) in subparagraph (O), by striking the period and
inserting a semicolon; and
(iii) by adding at the end the following:
``(P) student body diversity at the institution, including
information on the percentage of enrolled, full-time students
who are--
``(i) male;
``(ii) female;
``(iii) from a low-income background; and
``(iv) a self-identified member of a major racial
or ethnic group;
``(Q) the placement in employment of, and types of
employment obtained by, graduates of the institution's
degree or certificate programs, gathered from such
sources as alumni surveys, student satisfaction
surveys, the National Survey of Student Engagement, the
Community College Survey of Student Engagement, State
data systems, or other relevant sources; and
``(R) the types of graduate and professional
education in which graduates of the institution's 4-
year degree programs enrolled, gathered from such
sources as alumni surveys, student satisfaction
surveys, the National Survey of Student Engagement,
State data systems, or other relevant sources.'';
(B) by striking paragraph (4) and inserting the
following:
``(4) For purposes of this section, institutions may--
``(A) exclude from the information disclosed in
accordance with subparagraph (L) of paragraph (1) the
completion or graduation rates of students who leave
school to serve in the Armed Forces, on official church
missions, or with a recognized foreign aid service of
the Federal Government; or
``(B) in cases where the students described in
subparagraph (A) represent 20 percent or more of the
certificate- or degree-seeking, full-time,
undergraduate students at the institution, the
institution may recalculate the completion or
graduation rates of such students by excluding from the
calculation described in paragraph (3) the time period
such students were not enrolled due to their service in
the Armed Forces, on official church missions, or with
a recognized foreign aid service of the Federal
Government.''; and
(C) by adding at the end the following:
``(7) The information disclosed under subparagraph (L) of paragraph
(1), or reported under subsection (e), shall include information
disaggregated by gender, by each major racial and ethnic subgroup, and
by low-income background status as measured by Federal Pell Grant
eligibility, if the number of students in such subgroup or with such
status is sufficient to yield statistically reliable information and
reporting would not reveal personally identifiable information about an
individual student. If such number is not sufficient for such purposes,
then the institution shall note that the institution enrolled too few
of such students to so disclose or report with confidence and
confidentiality.'';
(2) in subsection (b), by adding at the end the following:
``(3) Each eligible institution shall, during the exit
interview required by this subsection, provide to a borrower of
a loan made under part B, D, or E a clear and conspicuous
notice describing the general effects of using a consolidation
loan to discharge the borrower's student loans, including--
``(A) the effects of consolidation on total
interest to be paid, fees to be paid, and length of
repayment;
``(B) the effects of consolidation on a borrower's
underlying loan benefits, including loan forgiveness,
cancellation, and deferment;
``(C) the ability for the borrower to prepay the
loan, pay on a shorter schedule, and to change
repayment plans, and that borrower benefit programs may
vary among different loan holders;
``(D) the tax benefits for which the borrower may
be eligible; and
``(E) the consequences of default.'';
(3) in subsection (d)(2)--
(A) by inserting ``grant assistance, as well as
State'' after ``describing State''; and
(B) by inserting ``and other means, including
through the Internet'' before the period at the end;
(4) in subsection (e), by striking paragraph (3) and
inserting the following:
``(3) For purposes of this subsection, institutions may--
``(A) exclude from the reporting requirements under
paragraphs (1) and (2) the completion or graduation
rates of students and student athletes who leave school
to serve in the Armed Forces, on official church
missions, or with a recognized foreign aid service of
the Federal Government; or
``(B) in cases where the students described in
subparagraph (A) represent 20 percent or more of the
certificate- or degree-seeking, full-time,
undergraduate students at the institution, the
institution may calculate the completion or graduation
rates of such students by excluding from the
calculations described in paragraph (1) the time period
such students were not enrolled due to their service in
the Armed Forces, on official church missions, or with
a recognized foreign aid service of the Federal
Government.'';
(5) in the matter preceding subparagraph (A) of subsection
(f)(1), by inserting ``, other than a foreign institution of
higher education,'' after ``under this title''; and
(6) by adding at the end the following:
``(h) Transfer of Credit Policies.--
``(1) Disclosure.--Each institution of higher education
participating in any program under this title shall publicly
disclose in a readable and comprehensible manner the
institution's transfer of credit policies which shall include a
statement of the institution's current transfer of credit
policies that includes, at a minimum--
``(A) a statement that transfer of credit shall not
be denied solely on the basis of the agency or
association that accredited such other institution of
higher education, if that agency or association is
recognized by the Secretary pursuant to section 496 to
be a reliable authority as to the quality of the
education or training offered;
``(B) a list of institutions of higher education
with which the institution has established an
articulation agreement; and
``(C) the percentage of students at the institution
who successfully transfer academic credits, updated on
an annual basis.
``(2) Rule of construction.--Nothing in this subsection
shall be construed to--
``(A) authorize an officer or employee of the
Department to exercise any direction, supervision, or
control over the curriculum, program of instruction,
administration, or personnel of any institution of
higher education, or over any accrediting agency or
association;
``(B) limit the application of the General
Education Provisions Act; or
``(C) create any legally enforceable right on the
part of a student to require an institution of higher
education to accept a transfer of credit from another
institution.''.
SEC. 488. NATIONAL STUDENT LOAN DATA SYSTEM.
Section 485B(a) (20 U.S.C. 1092b(a)) is amended--
(1) by redesignating paragraphs (6) through (10) as
paragraphs (7) through (11), respectively;
(2) in paragraph (5) (as added by Public Law 101-610), by
striking ``effectiveness.'' and inserting ``effectiveness;'';
and
(3) by redesignating paragraph (5) (as added by Public Law
101-234) as paragraph (6).
SEC. 489. EARLY AWARENESS OF FINANCIAL AID ELIGIBILITY.
Part G of title IV (20 U.S.C. 1088 et seq.) is amended by inserting
after section 485C (20 U.S.C. 1092c) the following:
``SEC. 485D. EARLY AWARENESS OF FINANCIAL AID ELIGIBILITY.
``(a) In General.--The Secretary shall implement, in cooperation
with States, institutions of higher education, secondary schools,
middle schools, early intervention and outreach programs under this
title, other agencies and organizations involved in student financial
assistance and college access, public libraries, community centers,
employers, and businesses, a comprehensive system of early financial
aid information in order to provide students and families with early
information about financial aid and early estimates of such students'
eligibility for financial aid from multiple sources. Such system shall
include the activities described in subsections (b) and (c).
``(b) Communication of Availability of Aid and Aid Eligibility.--
``(1) Students who receive benefits.--The Secretary shall--
``(A) make special efforts to notify students who
receive or are eligible to receive benefits under
Federal means-tested benefit programs (including the
school lunch program established under the Richard B.
Russell National School Lunch Act (42 U.S.C. 1751 et
seq.), the food stamp program under the Food Stamp Act
of 1977 (7 U.S.C. 2011 et seq.), and other such
programs as determined by the Secretary) of such
students' potential eligibility for a maximum Federal
Pell Grant under subpart 1 of part A; and
``(B) disseminate such informational materials as
the Secretary determines necessary.
``(2) Middle school students.--The Secretary, in
cooperation with States, institutions of higher education,
other organizations involved in college access and student
financial aid, middle schools, and programs under this title
that serve middle school students, shall make special efforts
to notify students and their parents of the availability of
financial aid under this title and, in accordance with
subsection (c), shall provide nonbinding estimates of grant and
loan aid that an individual may be eligible for under this
title upon completion of an application form under section
483(a). The Secretary shall ensure that such information is as
accurate as possible and that such information is provided in
an age-appropriate format using dissemination mechanisms
suitable for students in middle school.
``(3) Secondary school students.--The Secretary, in
cooperation with States, institutions of higher education,
other organizations involved in college access and student
financial aid, secondary schools, and programs under this title
that serve secondary school students, shall make special
efforts to notify students in secondary school and their
parents, as early as possible but not later than such students'
junior year of secondary school, of the availability of
financial aid under this title and, in accordance with
subsection (c), shall provide nonbinding estimates of the
amounts of grant and loan aid that an individual may be
eligible for under this title upon completion of an application
form under section 483(a). The Secretary shall ensure that such
information is as accurate as possible and that such
information is provided in an age-appropriate format using
dissemination mechanisms suitable for students in secondary
school.
``(4) Adult learners.--The Secretary, in cooperation with
States, institutions of higher education, other organizations
involved in college access and student financial aid,
employers, workforce investment boards and public libraries,
shall make special efforts to provide individuals who would
qualify as independent students, as defined in section 480(d),
with information regarding the availability of financial aid
under this title and, in accordance with subsection (c), with
nonbinding estimates of the amounts of grant and loan aid that
an individual may be eligible for under this title upon
completion of an application form under section 483(a). The
Secretary shall ensure that such information--
``(A) is as accurate as possible;
``(B) includes specific information regarding the
availability of financial aid for students qualified as
independent students, as defined in section 480(d); and
``(C) uses dissemination mechanisms suitable for
adult learners.
``(5) Public awareness campaign.--Not later than 2 years
after the date of enactment of the Higher Education Amendments
of 2005, the Secretary, in coordination with States,
institutions of higher education, early intervention and
outreach programs under this title, other agencies and
organizations involved in student financial aid, local
educational agencies, public libraries, community centers,
businesses, employers, employment services, workforce
investment boards, and movie theaters, shall implement a public
awareness campaign in order to increase national awareness
regarding the availability of financial aid under this title.
The public awareness campaign shall disseminate accurate
information regarding the availability of financial aid under
this title and shall be implemented, to the extent practicable,
using a variety of media, including print, television, radio
and the Internet. The Secretary shall design and implement the
public awareness campaign based upon relevant independent
research and the information and dissemination strategies found
most effective in implementing paragraphs (1) through (4).
``(c) Availability of Nonbinding Estimates of Federal Financial Aid
Eligibility.--
``(1) In general.--The Secretary, in cooperation with
States, institutions of higher education, and other agencies
and organizations involved in student financial aid, shall
provide, via a printed form and the Internet or other
electronic means, the capability for individuals to determine
easily, by entering relevant data, nonbinding estimates of
amounts of grant and loan aid an individual may be eligible for
under this title upon completion and processing of an
application and enrollment in an institution of higher
education.
``(2) Data elements.--The Secretary, in cooperation with
States, institutions of higher education, and other agencies
and organizations involved in student financial aid, shall
determine the data elements that are necessary to create a
simplified form that individuals can use to obtain easily
nonbinding estimates of the amounts of grant and loan aid an
individual may be eligible for under this title.
``(3) Qualification to use simplified application.--The
capability provided under this paragraph shall include the
capability to determine whether the individual is eligible to
submit a simplified application form under paragraph (2)(B) or
(3)(B) of section 483(a).''.
SEC. 490. COLLEGE ACCESS INITIATIVE.
Part G of title IV (20 U.S.C. 1088 et seq.) is further amended by
inserting after section 485D (as added by section 489) the following:
``SEC. 485E. COLLEGE ACCESS INITIATIVE.
``(a) State-by-State Information.--The Secretary shall direct each
guaranty agency with which the Secretary has an agreement under section
428(c) to provide to the Secretary the information necessary for the
development of Internet Web links and access for students and families
to a comprehensive listing of the postsecondary education opportunities
programs, publications, Internet Web sites, and other services
available in the States for which such agency serves as the designated
guarantor.
``(b) Guaranty Agency Activities.--
``(1) Plan and activity required.--Each guaranty agency
with which the Secretary has an agreement under section 428(c)
shall develop a plan, and undertake the activity, necessary to
gather the information required under subsection (a) and to
make such information available to the public and to the
Secretary in a form and manner prescribed by the Secretary.
``(2) Activities.--Each guaranty agency shall undertake
such activities as are necessary to promote access to
postsecondary education for students through providing
information on college planning, career preparation, and paying
for college. The guaranty agency shall publicize such
information and coordinate such activities with other entities
that provide or distribute such information in the States for
which such guaranty agency serves as the designated guarantor.
``(3) Funding.--The activities required by this section may
be funded from the guaranty agency's Operating Fund established
pursuant to section 422B and to the extent funds remain, from
earnings on the restricted account established pursuant to
section 422(h)(4).
``(4) Rule of construction.--Nothing in this subsection
shall require a guaranty agency to duplicate any efforts
currently underway that meet the requirements of this
subsection.
``(c) Access to Information.--
``(1) Secretary's responsibility.--The Secretary shall
ensure the availability of the information provided, by the
guaranty agencies in accordance with this section, to students,
parents, and other interested individuals, through Web links or
other methods prescribed by the Secretary.
``(2) Guaranty agency responsibility.--The guaranty
agencies shall ensure that the information required by this
section is available without charge in printed format for
students and parents requesting such information.
``(3) Publicity.--Not later than 270 days after the date of
enactment of the Higher Education Amendments Act of 2005, the
Secretary and guaranty agencies shall publicize the
availability of the information required by this section, with
special emphasis on ensuring that populations that are
traditionally underrepresented in postsecondary education are
made aware of the availability of such information.''.
SEC. 491. PROGRAM PARTICIPATION AGREEMENTS.
Section 487 (20 U.S.C. 1094) is amended--
(1) in subsection (a)--
(A) in paragraph (23), by adding at the end the
following:
``(D) An institution shall be considered in
compliance with the requirements of subparagraph (A)
for any student to whom the institution electronically
transmits a message containing a voter registration
form acceptable for use in the State in which the
institution is located, or an Internet address where
such a form can be downloaded, if such information is
in an electronic message devoted solely to voter
registration.''; and
(B) by adding at the end the following:
``(24) The institution will, as calculated in accordance
with subsection (g)(1), have not less than 10 percent of its
revenues from sources other than funds provided under this
title, or will be subject to the sanctions described in
subsection (g)(2).'';
(2) in subsection (c)(1)(A)(i), by inserting ``, except
that the Secretary may modify the requirements of this clause
with regard to an institution outside the United States''
before the semicolon at the end;
(3) by redesignating subsections (d) and (e) as subsection
(e) and (f), respectively;
(4) by inserting after subsection (c) the following:
``(d) Institutional Requirements for Teach-Outs.--
``(1) In general.--In the event the Secretary initiates the
limitation, suspension, or termination of the participation of
an institution of higher education in any program under this
title under the authority of subsection (c)(1)(F) or initiates
an emergency action for termination under the authority of
subsection (c)(1)(G) and its prescribed regulations, the
Secretary shall require that institution to prepare a teach-out
plan for submission to the institution's accrediting agency or
association in compliance with section 496(c)(4), the
Secretary's regulations on teach-out plans, and the standards
of the institution's accrediting agency or association.
``(2) Teach-out plan defined.--In this subsection, the term
`teach-out plan' means a written plan that provides for the
equitable treatment of students if an institution of higher
education ceases to operate before all students have completed
their program of study, and may include, if required by the
institution's accrediting agency or association, an agreement
between institutions for such a teach-out plan.''; and
(5) by adding at the end the following:
``(g) Implementation of Nontitle IV Revenue Requirement.--
``(1) Calculation.--In carrying out subsection (a)(24), an
institution shall use the cash basis of accounting and count
the following funds as from sources of funds other than funds
provided under this title:
``(A) Funds used by students from sources other
than funds received under this title to pay tuition,
fees, and other institutional charges to the
institution, provided the institution can reasonably
demonstrate that such funds were used for such
purposes.
``(B) Funds used by the institution to satisfy
matching-fund requirements for programs under this
title.
``(C) Funds used by a student from savings plans
for educational expenses established by or on behalf of
the student and which qualify for special tax treatment
under the Internal Revenue Code of 1986.
``(D) Funds paid by a student, or on behalf of a
student by a party other than the institution, to the
institution for an education or training program that
is not eligible for funds under this title, provided
that the program is approved or licensed by the
appropriate State agency or an accrediting agency
recognized by the Secretary.
``(E) Funds generated by the institution from
institutional activities that are necessary for the
education and training of the institution's students,
if such activities are--
``(i) conducted on campus or at a facility
under the control of the institution;
``(ii) performed under the supervision of a
member of the institution's faculty; and
``(iii) required to be performed by all
students in a specific educational program at
the institution.
``(F) Institutional aid, as follows:
``(i) In the case of loans made by the
institution, only the amount of loan repayments
received by the institution during the fiscal
year for which the determination is made.
``(ii) In the case of scholarships provided
by the institution, only those scholarship
funds provided by the institution that are--
``(I) in the form of monetary aid
based upon the academic achievements or
financial need of students; and
``(II) disbursed during the fiscal
year for which the determination is
made from an established restricted
account and only to the extent that the
funds in that account represent
designated funds from an outside source
or income earned on those funds.
``(iii) In the case of tuition discounts,
only those tuition discounts based upon the
academic achievement or financial need of
students.
``(2) Sanctions.--
``(A) Failure to meet requirement for 1 year.--In
addition to such other means of enforcing the
requirements of this title as may be available to the
Secretary, if an institution fails to meet the
requirements of subsection (a)(24) in any year, the
Secretary may impose 1 or both of the following
sanctions on the institution:
``(i) Place the institution on provisional
certification in accordance with section 498(h)
until the institution demonstrates, to the
satisfaction of the Secretary, that it is in
compliance with subsection (a)(24).
``(ii) Require such other increased
monitoring and reporting requirements as the
Secretary determines necessary until the
institution demonstrates, to the satisfaction
of the Secretary, that it is in compliance with
subsection (a)(24).
``(B) Failure to meet requirement for 2 years.--An
institution that fails to meet the requirements of
subsection (a)(24) for 2 consecutive years shall be
ineligible to participate in the programs authorized
under this title.
``(3) Public availability of information.--The Secretary
shall make publicly available, through the means described in
subsection (b) of section 131, any institution that fails to
meet the requirements of subsection (a)(24) in any year as an
institution that is failing to meet the minimum non-Federal
source of revenue requirements of such subsection (a)(24).''.
SEC. 492. REGULATORY RELIEF AND IMPROVEMENT.
Section 487A(b) (20 U.S.C. 1094a(b)) is amended--
(1) in paragraph (1)-
(A) by striking ``1998'' and inserting ``2005'' ;
and
(B) by striking ``1999'' and inserting ``2006'';
and
(2) by striking the matter preceding paragraph (2)(A) and
inserting the following:
``(2) Report.--The Secretary shall review and evaluate the
experience of institutions participating as experimental sites
and shall, on a biennial basis, submit a report based on the
review and evaluation to the authorizing committees. Such
report shall include--''; and
(3) in paragraph (3)--
(A) in subparagraph (A)--
(i) by striking ``Upon the submission of
the report required by paragraph (2), the'' and
inserting ``The''; and
(ii) by inserting ``periodically'' after
``authorized to'';
(B) by striking subparagraph (B);
(C) by redesignating subparagraph (C) as
subparagraph (B); and
(D) in subparagraph (B) (as redesignated by
subparagraph (C))--
(i) by inserting ``, including requirements
related to the award process and disbursement
of student financial aid (such as innovative
delivery systems for modular or compressed
courses, or other innovative systems),
verification of student financial aid
application data, entrance and exit interviews,
or other management procedures or processes as
determined in the negotiated rulemaking process
under section 492'' after ``requirements in
this title''; and
(ii) by inserting ``(other than an award
rule related to an experiment in modular or
compressed schedules)'' after ``award rules'';
and
(iii) by inserting ``unless the waiver of
such provisions is authorized by another
provision under this title'' before the period
at the end.
SEC. 493. TRANSFER OF ALLOTMENTS.
Section 488 (20 U.S.C. 1095) is amended in the first sentence--
(1) in paragraph (1), by striking ``and'' after the
semicolon;
(2) in paragraph (2), by striking ``413D.'' and inserting
``413D; and''; and
(3) by adding at the end ``(3) transfer 25 percent of the
institution's allotment under section 413D to the institution's
allotment under section 442.''.
SEC. 494. WAGE GARNISHMENT REQUIREMENT.
Section 488A(a)(1) (20 U.S.C. 1095a(a)(1)) is amended by striking
``10 percent'' and inserting ``15 percent''.
SEC. 495. PURPOSE OF ADMINISTRATIVE PAYMENTS.
Section 489(b) (20 U.S.C. 1096(b)) is amended by striking
``offsetting the administrative costs of'' and inserting
``administering''.
SEC. 496. ADVISORY COMMITTEE ON STUDENT FINANCIAL ASSISTANCE.
Section 491 (20 U.S.C. 1098) is amended--
(1) in subsection (a)(2)--
(A) in subparagraph (B), by striking ``and'' after
the semicolon;
(B) in subparagraph (C), by striking the period and
inserting a semicolon; and
(C) by adding at the end the following:
``(D) to provide knowledge and understanding of
early intervention programs, and to make
recommendations that will result in early awareness by
low- and moderate-income students and families--
``(i) of their eligibility for assistance
under this title; and
``(ii) to the extent practicable, of their
eligibility for other forms of State and
institutional need-based student assistance;
and
``(E) to make recommendations that will expand and
improve partnerships among the Federal Government,
States, institutions of higher education, and private
entities to increase the awareness and the total amount
of need-based student assistance available to low- and
moderate-income students.'';
(2) in subsection (c), by adding at the end the following:
``(3) The appointment of a member under subparagraph (A) or (B) of
paragraph (1) shall be effective upon confirmation of the member by the
Senate and publication of such appointment in the Congressional
Record.''.
(3) in subsection (d)(6), by striking ``, but nothing'' and
all that follows through ``or analyses'';
(4) in subsection (j)--
(A) in paragraph (1)--
(i) by inserting ``and simplification''
after ``modernization'' each place the term
appears; and
(ii) by striking ``including'' and all that
follows through ``Department,''; and
(B) by striking paragraphs (4) and (5) and
inserting the following:
``(4) conduct a review and analysis of regulations in
accordance with subsection (l); and
``(5) conduct a study in accordance with subsection (m).'';
(5) in subsection (k), by striking ``2004'' and inserting
``2010''; and
(6) by adding at the end the following:
``(l) Review and Analysis of Regulations.--
``(1) Recommendations.--The Advisory Committee shall make
recommendations to the Secretary and Congress for consideration
of future legislative action regarding redundant or outdated
regulations under this title, consistent with the Secretary's
requirements under section 498B.
``(2) Review and analysis of regulations.--The Advisory
Committee shall conduct a review and analysis of the
regulations issued under this title that are in effect at the
time of the review and that apply to the operations or
activities of participants in the programs assisted under this
title. The review and analysis may include a determination of
whether the regulation is duplicative, is no longer necessary,
is inconsistent with other Federal requirements, or is overly
burdensome. In conducting the review, the Advisory Committee
shall pay specific attention to evaluating ways in which
regulations under this title affecting institutions of higher
education (other than institutions described in section
102(a)(1)(C)), that have received in each of the 2 most recent
award years prior to the date of enactment of the Higher
Education Amendments of 2005 less than $200,000 in funds
through this title, may be improved, streamlined, or
eliminated.
``(3) Consultation.--
``(A) In general.--In carrying out the review and
analysis under paragraph (2), the Advisory Committee
shall consult with the Secretary, relevant
representatives of institutions of higher education,
and individuals who have expertise and experience with
the regulations issued under this title, in accordance
with subparagraph (B).
``(B) Review panels.--The Advisory Committee shall
convene not less than 2 review panels of
representatives of the groups involved in student
financial assistance programs under this title who have
experience and expertise in the regulations issued
under this title to review the regulations under this
title, and to provide recommendations to the Advisory
Committee with respect to the review and analysis under
paragraph (2). The panels shall be made up of experts
in areas such as the operations of the financial
assistance programs, the institutional eligibility
requirements for the financial assistance programs,
regulations not directly related to the operations or
the institutional eligibility requirements of the
financial assistance programs, and regulations for
dissemination of information to students about the
financial assistance programs.
``(4) Reports to congress.--The Advisory Committee shall
submit, not later than 2 years after the completion of the
negotiated rulemaking process required under section 492
resulting from the amendments to this Act made by the Higher
Education Amendments of 2005, a report to the authorizing
committees and the Secretary detailing the expert panels'
findings and recommendations with respect to the review and
analysis under paragraph (2).
``(5) Additional support.--The Secretary and the Inspector
General of the Department shall provide such assistance and
resources to the Advisory Committee as the Secretary and
Inspector General determine are necessary to conduct the review
required by this subsection.
``(m) Study of Innovative Pathways to Baccalaureate Degree
Attainment.--
``(1) Study required.--The Advisory Committee shall conduct
a study of the feasibility of increasing baccalaureate degree
attainment rates by reducing the costs and financial barriers
to attaining a baccalaureate degree through innovative
programs.
``(2) Scope of study.--The Advisory Committee shall examine
new and existing programs that promote baccalaureate degree
attainment through innovative ways, such as dual or concurrent
enrollment programs, changes made to the Federal Pell Grant
program, simplification of the needs analysis process,
compressed or modular scheduling, articulation agreements, and
programs that allow 2-year institutions of higher education to
offer baccalaureate degrees.
``(3) Required aspects of the study.--In performing the
study described in this subsection, the Advisory Committee
shall examine the following aspects of such innovative
programs:
``(A) The impact of such programs on baccalaureate
attainment rates.
``(B) The degree to which a student's total cost of
attaining a baccalaureate degree can be reduced by such
programs.
``(C) The ways in which low- and moderate-income
students can be specifically targeted by such programs.
``(D) The ways in which nontraditional students can
be specifically targeted by such programs.
``(E) The cost-effectiveness for the Federal
Government, States, and institutions of higher
education to implement such programs.
``(4) Consultation.--
``(A) In general.--In performing the study
described in this subsection the Advisory Committee
shall consult with a broad range of interested parties
in higher education, including parents, students,
appropriate representatives of secondary schools and
institutions of higher education, appropriate State
administrators, administrators of dual enrollment
programs, and appropriate officials from the
Department.
``(B) Congressional consultation.--The Advisory
Committee shall consult on a regular basis with the
authorizing committees in carrying out the study
required by this section.
``(5) Reports to congress.--
``(A) Interim report.--The Advisory Committee shall
prepare and submit to the authorizing committees and
the Secretary 1 interim report, not later than 1 year
after the date of enactment of the Higher Education
Amendments of 2005, describing the progress that has
been made in conducting the study required by this
subsection and any preliminary findings on the topics
identified under paragraph (2).
``(B) Final report.--The Advisory Committee shall,
not later than 3 years after the date of enactment of
the Higher Education Amendments of 2005, prepare and
submit to the authorizing committees and the Secretary
a final report on the study, including recommendations
for legislative, regulatory, and administrative changes
based on findings related to the topics identified
under paragraph (2).''.
SEC. 497. REGIONAL MEETINGS.
Section 492(a)(1) (20 U.S.C. 1098a(a)(1)) is amended by inserting
``State student grant agencies,'' after ``institutions of higher
education,''.
SEC. 498. YEAR 2000 REQUIREMENTS AT THE DEPARTMENT.
(a) Repeal.--Section 493A (20 U.S.C. 1098c) is repealed.
(b) Redesignation.--Section 493B (20 U.S.C. 1098d) is redesignated
as section 493A.
PART H--PROGRAM INTEGRITY
SEC. 499. RECOGNITION OF ACCREDITING AGENCY OR ASSOCIATION.
Section 496 (200 U.S.C. 1099b) is amended--
(1) in subsection (a)--
(A) by striking paragraph (4) and inserting the
following:
``(4)(A) such agency or association consistently applies
and enforces standards that respect the stated mission of the
institution of higher education, including religious missions,
and that ensure that the courses or programs of instruction,
training, or study offered by the institution of higher
education, including distance education courses or programs,
are of sufficient quality to achieve, for the duration of the
accreditation period, the stated objective for which the
courses or the programs are offered; and
``(B) if such agency or association has or seeks to include
within its scope of recognition the evaluation of the quality
of institutions or programs offering distance education, such
agency or association shall, in addition to meeting the other
requirements of this subpart, demonstrate to the Secretary
that--
``(i) the agency or association's standards
effectively address the quality of an institution's
distance education in the areas identified in section
496(a)(5), except that the agency or association shall
not be required to have separate standards, procedures
or policies for the evaluation of distance education
institutions or programs in order to meet the
requirements of this subparagraph; and
``(ii) the agency or association requires an
institution that offers distance education to have
processes through which the institution establishes
that the student who registers in a distance education
course or program is the same student who participates,
completes and receives the academic credit;'';
(B) in paragraph (5), by striking subparagraph (A)
and inserting the following:
``(A) success with respect to student achievement
in relation to the institution's mission, including--
``(i) consideration of student academic
achievement as determined by the institution;
``(ii) student retention;
``(iii) course and program completion;
``(iv) as appropriate, State licensing
examinations;
``(v) as appropriate, job placement rates
or enrollment in graduate or professional
programs; and
``(vi) as appropriate, other student
performance information selected by the
institution, particularly that information used
by the institution to evaluate or strengthen
its programs;'';
(C) by striking paragraph (6) and inserting the
following:
``(6) such an agency or association shall establish and
apply review procedures throughout the accrediting process,
including evaluation and withdrawal proceedings which comply
with due process procedures that provide for--
``(A) adequate specification of requirements and
deficiencies at the institution of higher education or
program examined;
``(B) an opportunity for a written response by any
such institution to be included, prior to final action,
in the evaluation and withdrawal proceedings;
``(C) upon the written request of an institution,
an opportunity for the institution to appeal any
adverse action, including denial, withdrawal,
suspension, or termination of accreditation, or
placement on probation of an institution, at a hearing
prior to such action becoming final, before an appeals
panel that--
``(i) shall not include current members of
the agency or association's underlying
decision-making body that made the adverse
decision; and
``(ii) is subject to a conflict of interest
policy; and
``(D) the right to representation by counsel for
such an institution during an appeal of the adverse
action;''; and
(D) by striking paragraph (8) and inserting the
following:
``(8) such agency or association shall make available to
the public and the State licensing or authorizing agency, and
submit to the Secretary, a summary of agency or association
actions, including--
``(A) the award of accreditation or reaccreditation
of an institution;
``(B) final denial, withdrawal, suspension, or
termination of accreditation, or placement on probation
of an institution, and any findings made in connection
with the action taken, together with the official
comments of the affected institution; and
``(C) any other adverse action taken with respect
to an institution.''; and
(2) in subsection (c)--
(A) in paragraph (1), by inserting ``, including
those regarding distance education'' after ``their
responsibilities'';
(B) by redesignating paragraphs (2) through (6) as
paragraphs (5) through (9);
(C) by inserting after paragraph (1) (as amended by
subparagraph (A)) the following:
``(2) ensures that the agency or association's on-site
evaluation for accreditation or reaccreditation includes review
of the Federally required information the institution or
program provides its current and prospective students;
``(3) monitors the growth of programs at institutions that
are experiencing significant enrollment growth;
``(4) requires an institution to submit a teach-out plan
for approval to the accrediting agency upon the occurrence of
any of the following events:
``(A) The Department notifies the accrediting
agency of an action against the institution pursuant to
section 487(d).
``(B) The accrediting agency acts to withdraw,
terminate, or suspend the accreditation of an
institution.
``(C) The institution notifies the accrediting
agency that the institution intends to cease
operations.'';
(D) in paragraph (8) (as redesignated by
subparagraph (B)), by striking ``and'' after the
semicolon;
(E) in subparagraph (9) (as redesignated by
subparagraph (B)), by striking the period and inserting
``; and''; and
(F) by adding at the end the following:
``(10) confirms, as a part of the agency or association's
review for accreditation or reaccreditation, that the
institution has transfer of credit policies--
``(A) that are publicly disclosed;
``(B) that do not deny transfer of credit based
solely on the accreditation of the sending institution,
if the agency or association accrediting the sending
institution is recognized by the Secretary pursuant to
this section; and
``(C) in which acceptance or denial of transfer of
credit is decided according to criteria established in
guidelines developed by the institution's admissions
committee.''.
SEC. 499A. ADMINISTRATIVE CAPACITY STANDARD.
Section 498 (20 U.S.C. 1099c) is amended--
(1) in subsection (d)(1)(B), by inserting ``and'' after the
semicolon; and
(2) by adding at the end the following:
``(k) Treatment of Teach-Outs at Additional Locations.--
``(1) In general.--A location of a closed institution of
higher education shall be eligible as an additional location of
an eligible institution of higher education, as defined
pursuant to regulations of the Secretary, for the purposes of a
teach-out, if such teach-out has been approved by the
institution's accrediting agency.
``(2) Special rule.--An institution of higher education
that conducts a teach-out through the establishment of an
additional location described in paragraph (1) shall be
permitted to establish a permanent additional location at a
closed institution and shall not be required--
``(A) to meet the requirements of sections
102(b)(1)(E) and 102(c)(1)(C) for such additional
location; or
``(B) to assume the liabilities of the closed
institution.''.
SEC. 499B. PROGRAM REVIEW AND DATA.
Section 498A(b) (20 U.S.C. 1099c-1(b)) is amended--
(1) in paragraph (4), by striking ``and'' after the
semicolon;
(2) in paragraph (5) by striking the period and inserting a
semicolon; and
(3) by adding at the end the following:
``(6) provide to an institution of higher education an
adequate opportunity to review and respond to any program
review report and relevant materials related to the report
before any final program review is reached;
``(7) review and take into consideration an institution of
higher education's response in any final program review; and
``(8) maintain and preserve at all times the
confidentiality of any program review report until the
requirements of paragraphs (6) and (7) are met, and until a
final program review is issued, other than to the extent
required to comply with paragraph (5), except that the
Secretary shall promptly disclose any and all program review
reports to the institution of higher education under review.''.
TITLE V--DEVELOPING INSTITUTIONS
SEC. 501. DEFINITIONS.
Section 502(a) (20 U.S.C. 1101a(a)) is amended--
(1) in paragraph (5)--
(A) in subparagraph (A), by inserting ``and'' after
the semicolon;
(B) in subparagraph (B), by striking ``; and'' and
inserting a period; and
(C) by striking subparagraph (C); and
(2) by striking paragraph (7).
SEC. 502. AUTHORIZED ACTIVITIES.
Section 503(b) (20 U.S.C. 1101b(b)) is amended--
(1) by redesignating paragraphs (6) through (14) as
paragraphs (8) through (16), respectively;
(2) in paragraph (5), by inserting ``, including
innovative, customized remedial education and English language
instruction courses designed to help retain students and move
the students rapidly into core courses and through program
completion'' before the period at the end; and
(3) by inserting after paragraph (5) the following:
``(6) Education or counseling services designed to improve
the financial literacy and economic literacy of students or the
students' parents.
``(7) Articulation agreements and student support programs
designed to facilitate the transfer from 2-year to 4-year
institutions.''.
SEC. 503. DURATION OF GRANT.
Section 504(a) (20 U.S.C. 1101c(a)) is amended to read as follows:
``(a) Award Period.--The Secretary may award a grant to a Hispanic-
serving institution under this title for 5 years.''.
SEC. 504. POSTBACCALAUREATE OPPORTUNITIES FOR HISPANIC AMERICANS.
(a) Establishment of Program.--Title V (20 U.S.C. 1101 et seq.) is
amended--
(1) by redesignating part B as part C;
(2) by redesignating sections 511 through 518 as sections
521 through 528, respectively; and
(3) by inserting after section 505 the following:
``PART B--PROMOTING POSTBACCALAUREATE OPPORTUNITIES FOR HISPANIC
AMERICANS
``SEC. 511. PROGRAM AUTHORITY AND ELIGIBILITY.
``(a) Program Authorized.--Subject to the availability of funds
appropriated to carry out this part, the Secretary shall award grants,
on a competitive basis, to eligible institutions to enable the eligible
institutions to carry out the authorized activities described in
section 512.
``(b) Eligibility.--For the purposes of this part, an `eligible
institution' means an institution of higher education that--
``(1) is a Hispanic-serving institution (as defined in
section 502); and
``(2) offers a postbaccalaureate certificate or degree
granting program.
``SEC. 512. AUTHORIZED ACTIVITIES.
``Grants awarded under this part shall be used for 1 or more of the
following activities:
``(1) Purchase, rental, or lease of scientific or
laboratory equipment for educational purposes, including
instructional and research purposes.
``(2) Construction, maintenance, renovation, and
improvement in classroom, library, laboratory, and other
instructional facilities, including purchase or rental of
telecommunications technology equipment or services.
``(3) Purchase of library books, periodicals, technical and
other scientific journals, microfilm, microfiche, and other
educational materials, including telecommunications program
materials.
``(4) Support for needy postbaccalaureate students,
including outreach, academic support services, mentoring,
scholarships, fellowships, and other financial assistance, to
permit the enrollment of such students in postbaccalaureate
certificate and degree granting programs.
``(5) Support of faculty exchanges, faculty development,
faculty research, curriculum development, and academic
instruction.
``(6) Creating or improving facilities for Internet or
other distance learning academic instruction capabilities,
including purchase or rental of telecommunications technology
equipment or services.
``(7) Collaboration with other institutions of higher
education to expand postbaccalaureate certificate and degree
offerings.
``(8) Other activities proposed in the application
submitted pursuant to section 513 that are approved by the
Secretary as part of the review and acceptance of such
application.
``SEC. 513. APPLICATION AND DURATION.
``(a) Application.--Any eligible institution may apply for a grant
under this part by submitting an application to the Secretary at such
time and in such manner as the Secretary may require. Such application
shall demonstrate how the grant funds will be used to improve
postbaccalaureate education opportunities for Hispanic and low-income
students and will lead to such students' greater financial
independence.
``(b) Duration.--Grants under this part shall be awarded for a
period not to exceed 5 years.
``(c) Limitation.--The Secretary may not award more than 1 grant
under this part in any fiscal year to any Hispanic-serving
institution.''.
SEC. 505. APPLICATIONS.
Section 521(b)(1)(A) (as redesignated by section 504(a)(2)) (20
U.S.C. 1103(b)(1)(A)) is amended by striking ``subsection (b)'' and
inserting ``subsection (c)''.
SEC. 506. COOPERATIVE ARRANGEMENTS.
Section 524(a) (as redesignated by section 504(a)(2)) (20 U.S.C.
1103c(a)) is amended by striking ``section 503'' and inserting
``sections 503 and 512''.
SEC. 507. AUTHORIZATION OF APPROPRIATIONS.
Section 528(a) (as redesignated by section 504(a)(2)) (20 U.S.C.
1103g(a)) is amended--
(1) by inserting ``part A of'' after ``carry out'';
(2) by striking ``$62,500,000 for fiscal year 1999'' and
all that follows through the period and inserting ``such sums
as may be necessary for fiscal year 2006 and each of the 5
succeeding fiscal years.'';
(3) by striking ``(a) Authorizations.--There are'' and
inserting the following:
``(a) Authorizations.--
``(1) Part a.--There are''; and
(4) by adding at the end the following:
``(2) Part b.--There are authorized to be appropriated to
carry out part B of this title such sums as may be necessary
for fiscal year 2006 and each of the 5 succeeding fiscal
years.''.
TITLE VI--INTERNATIONAL EDUCATION PROGRAMS
SEC. 601. FINDINGS.
Section 601 (20 U.S.C. 1121) is amended--
(1) in the section heading, by striking ``and purposes''
and inserting ``; purposes; consultation; survey''
(2) in subsection (a)(3), by striking ``post-Cold War'';
(3) in subsection (b)(1)(D), by inserting ``, including
through linkages with overseas institutions'' before the
semicolon; and
(4) by adding at the end the following:
``(c) Consultation.--The Secretary shall, prior to requesting
applications for funding under this title during each grant cycle,
consult with and receive recommendations regarding national need for
expertise in foreign languages and world regions from the head
official, or a designee of such head official, of the National Security
Council, the Department of Homeland Security, the Department of
Defense, the Department of State, the Federal Bureau of Investigation,
the Department of Labor, and the Department of Commerce, the Director
of National Intelligence, and other relevant agencies. These entities
shall provide information to the Secretary regarding how the entities
utilize expertise and resources provided by grantees under this title.
The Secretary shall take into account such recommendations and
information when requesting applications for funding under this title,
and shall make available to applicants a list of areas identified as
areas of national need.
``(d) Survey.--The Secretary shall assist grantees in developing a
survey to administer to students who have participated in programs
under this title to determine postparticipation placement. All
grantees, where applicable, shall administer such survey not less often
than annually and report such data to the Secretary.''.
SEC. 602. GRADUATE AND UNDERGRADUATE LANGUAGE AND AREA CENTERS AND
PROGRAMS.
Section 602 (20 U.S.C. 1122) is amended--
(1) in subsection (a)--
(A) in paragraph (2)--
(i) in subparagraph (G), by striking
``and'' after the semicolon;
(ii) in subparagraph (H), by striking the
period and inserting ``; and''; and
(iii) by adding at the end the following:
``(I) support for instructors of the less commonly
taught languages.''; and
(B) in paragraph (4)--
(i) by redesignating subparagraphs (C)
through (E) as subparagraphs (D) through (F),
respectively;
(ii) by inserting after subparagraph (B)
the following:
``(C) Programs of linkage or outreach between or
among--
``(i) foreign language, area studies, or
other international fields; and
``(ii) State educational agencies or local
educational agencies.''; and
(iii) in subparagraph (F) (as redesignated
by clause (i)), by striking ``and (D)'' and
inserting ``(D), and (E)'';
(2) in subsection (b)--
(A) in the subsection heading, by striking
``Graduate''; and
(B) by striking paragraph (2) and inserting the
following:
``(2) Eligible students.--A student receiving a stipend
described in paragraph (1) shall be engaged--
``(A) in an instructional program with stated
performance goals for functional foreign language use
or in a program developing such performance goals, in
combination with area studies, international studies,
or the international aspects of a professional studies
program; and
``(B)(i) in the case of an undergraduate student,
in the intermediate or advanced study of a less
commonly taught language; or
``(ii) in the case of a graduate student, in
graduate study in connection with a program described
in subparagraph (A), including--
``(I) predissertation level study;
``(II) preparation for dissertation
research;
``(III) dissertation research abroad; or
``(IV) dissertation writing.'';
(3) by striking subsection (d) and inserting the following:
``(d) Allowances.--
``(1) Graduate level recipients.--A stipend awarded to a
graduate level recipient may include allowances for dependents
and for travel for research and study in the United States and
abroad.
``(2) Undergraduate level recipients.--A stipend awarded to
an undergraduate level recipient may include an allowance for
educational programs in the United States or educational
programs abroad that--
``(A) are closely linked to the overall goals of
the recipient's course of study; and
``(B) have the purpose of promoting foreign
language fluency and knowledge of foreign cultures.'';
and
(4) by adding at the end the following:
``(e) Application.--Each institution or combination of institutions
desiring a grant under this section shall submit an application to the
Secretary at such time, in such manner, and accompanied by such
information and assurances as the Secretary may require. Each
application shall include an explanation of how the activities funded
by the grant will reflect diverse perspectives and a wide range of
views and generate debate on world regions and international affairs.
Each application shall also describe how the applicant will address
disputes regarding whether activities funded under the application
reflect diverse perspectives and a wide range of views. Each
application shall also include a description of how the applicant will
encourage government service in areas of national need as identified by
the Secretary.''.
SEC. 603. UNDERGRADUATE INTERNATIONAL STUDIES AND FOREIGN LANGUAGE
PROGRAMS.
Section 604 (20 U.S.C. 1124) is amended--
(1) in subsection (a)--
(A) in paragraph (2)--
(i) by redesignating subparagraphs (I)
through (M) as subparagraphs (J) through (N),
respectively; and
(ii) by inserting after subparagraph (H)
the following:
``(I) providing subgrants to undergraduate students
for educational programs abroad that--
``(i) are closely linked to the overall
goals of the program for which the grant is
awarded; and
``(ii) have the purpose of promoting
foreign language fluency and knowledge of
foreign cultures;''; and
(B) in paragraph (7)--
(i) in subparagraph (C), by striking
``and'' after the semicolon;
(ii) in subparagraph (D), by striking the
period at the end and inserting a semicolon;
and
(iii) by adding at the end the following:
``(E) an explanation of how the activities funded
by the grant will reflect diverse perspectives and a
wide range of views and generate debate on world
regions and international affairs, where applicable;
``(F) a description of how the applicant will
address disputes regarding whether the activities
funded under the application reflect diverse
perspectives and a wide range of views; and
``(G) a description of how the applicant will
encourage government service in areas of national need
as identified by the Secretary.''; and
(2) in subsection (c)--
(A) by striking ``Funding Support.--The Secretary''
and inserting ``Funding Rules.--
``(1) The secretary.--The Secretary'';
(B) by striking ``10'' and inserting ``20''; and
(C) by adding at the end the following:
``(2) Grantees.--Of the total amount of grant funds awarded
to a grantee under this section, the grantee may use not more
than 10 percent of such funds for the activity described in
subsection (a)(2)(I).''.
SEC. 604. RESEARCH; STUDIES.
Section 605(a) (20 U.S.C. 1125(a)) is amended--
(1) in paragraph (8), by striking ``and'' after the
semicolon;
(2) in paragraph (9), by striking the period and inserting
a semicolon; and
(3) by adding at the end the following:
``(10) evaluation of the extent to which programs assisted
under this title reflect diverse perspectives and a wide range
of views and generate debate on world regions and international
affairs;
``(11) the systematic collection, analysis, and
dissemination of data that contribute to achieving the purposes
of this part; and
``(12) support for programs or activities to make data
collected, analyzed, or disseminated under this section
publicly available and easy to understand.''.
SEC. 605. TECHNOLOGICAL INNOVATION AND COOPERATION FOR FOREIGN
INFORMATION ACCESS.
Section 606 (20 U.S.C. 1126) is amended--
(1) in subsection (a)--
(A) by striking ``new electronic technologies'' and
insert ``electronic technologies'';
(B) by inserting ``from foreign sources'' after
``disseminate information'';
(C) by striking ``Authority.--The Secretary'' and
insert ``Authority.--
``(1) In general.--The Secretary''; and
(D) by adding at the end the following:
``(2) Partnerships with not-for-profit educational
organizations.--The Secretary may award grants under this
section to carry out the activities authorized under this
section to the following:
``(A) An institution of higher education.
``(B) A public or nonprofit private library.
``(C) A consortium of an institution of higher
education and 1 or more of the following:
``(i) Another institution of higher
education.
``(ii) A library.
``(iii) A not-for-profit educational
organization.'';
(2) in subsection (b)--
(A) in paragraph (1), by striking ``to facilitate
access to'' and inserting ``to acquire, facilitate
access to,'';
(B) in paragraph (2), by inserting ``or standards
for'' after ``means of'';
(C) in paragraph (6), by striking ``and'' after the
semicolon;
(D) in paragraph (7), by striking the period and
inserting a semicolon; and
(E) by adding at the end the following:
``(8) to establish linkages to facilitate carrying out the
activities described in this subsection between--
``(A) the institutions of higher education,
libraries, and consortia receiving grants under this
section; and
``(B) institutions of higher education, not-for-
profit educational organizations, and libraries
overseas; and
``(9) to carry out other activities that the Secretary
determines are consistent with the purpose of the grants or
contracts awarded under this section.''; and
(3) in subsection (c), by striking ``institution or
consortium'' and inserting ``institution of higher education,
library, or consortium''.
SEC. 606. SELECTION OF CERTAIN GRANT RECIPIENTS.
Section 607 (20 U.S.C. 1127) is amended--
(1) in subsection (a), by striking ``evaluates the
applications for comprehensive and undergraduate language and
area centers and programs.'' and inserting ``evaluates--
``(1) the applications for comprehensive foreign language
and area or international studies centers and programs; and
``(2) the applications for undergraduate foreign language
and area or international studies centers and programs.''; and
(2) in subsection (b), by adding at the end the following:
``The Secretary shall also consider an applicant's record of
sending students into public service and an applicant's stated
efforts to increase the number of students that go into public
service.''.
SEC. 607. AMERICAN OVERSEAS RESEARCH CENTERS.
Section 609 (20 U.S.C. 1128a) is amended by adding at the end the
following:
``(e) Application.--Each center desiring a grant under this section
shall submit an application to the Secretary at such time, in such
manner, and accompanied by such information and assurances as the
Secretary may require. Each application shall include how the
activities funded by the grant will reflect diverse perspectives and a
wide range of views and generate debate on world regions and
international affairs, where applicable. Each application shall also
describe how the applicant will address disputes regarding whether the
activities funded under the application reflect diverse perspectives
and a wide range of views.''.
SEC. 608. AUTHORIZATION OF APPROPRIATIONS FOR INTERNATIONAL AND FOREIGN
LANGUAGE STUDIES.
Section 610 (20 U.S.C. 1128b) is amended by striking ``$80,000,000
for fiscal year 1999'' and all that follows through the period and
inserting ``such sums as may be necessary for fiscal year 2006 and each
of the 5 succeeding fiscal years.''.
SEC. 609. CENTERS FOR INTERNATIONAL BUSINESS EDUCATION.
Section 612(f) (20 U.S.C. 1130-1(f)) is amended--
(1) in paragraph (3), by striking ``and'' after the
semicolon;
(2) in paragraph (4), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(5) assurances that activities funded by the grant will
reflect diverse perspectives and a wide range of views and
generate debate on world regions and international affairs,
where applicable.''.
SEC. 610. EDUCATION AND TRAINING PROGRAMS.
Section 613(c) (20 U.S.C. 1130a(c)) is amended by adding at the end
the following: ``Each such application shall include an assurance that,
where applicable, the activities funded by the grant will reflect
diverse perspectives and a wide range of views on world regions and
international affairs.''.
SEC. 611. AUTHORIZATION OF APPROPRIATIONS FOR BUSINESS AND
INTERNATIONAL EDUCATION PROGRAMS.
Section 614 (20 U.S.C. 1130b) is amended--
(1) in subsection (a), by striking ``$11,000,000 for fiscal
year 1999'' and all that follows through ``fiscal years'' and
inserting ``such sums as may be necessary for fiscal year 2006
and each of the 5 succeeding fiscal years''; and
(2) in subsection (b), by striking ``$7,000,000 for fiscal
year 1999'' and all that follows through ``fiscal years,'' and
inserting ``such sums as may be necessary for fiscal year 2006
and each of the 5 succeeding fiscal years''.
SEC. 612. MINORITY FOREIGN SERVICE PROFESSIONAL DEVELOPMENT PROGRAM.
Section 621 (20 U.S.C. 1131) is amended--
(1) in subsection (c), by adding at the end the following:
``Each application shall include a description of how the
activities funded by the grant will reflect diverse
perspectives and a wide range of views on world regions and
international affairs, where applicable.''; and
(2) in subsection (e)--
(A) by striking ``Match Required.--The eligible''
and inserting ``Matching Funds.--
``(1) In general.--Subject to paragraph (2), the
eligible''; and
(B) by adding at the end the following:
``(2) Waiver.--The Secretary may waive the requirement of
paragraph (1) for an eligible recipient if the Secretary
determines such waiver is appropriate.''.
SEC. 613. INSTITUTIONAL DEVELOPMENT.
Section 622 (20 U.S.C. 1131-1) is amended--
(1) in subsection (a)--
(A) by striking ``Tribally Controlled Colleges or
Universities'' and inserting ``tribally controlled
colleges or universities''; and
(B) by striking ``international affairs programs.''
and inserting ``international affairs, international
business, and foreign language study programs,
including the teaching of foreign languages, at such
colleges, universities, and institutions, respectively,
through increased collaboration with institutions of
higher education that receive funding under this
title.''; and
(2) in subsection (c)--
(A) by striking paragraphs (1) and (3);
(B) by redesignating paragraphs (2) and (4) as
paragraphs (1) and (2), respectively; and
(C) in paragraph (1) (as redesignated by
subparagraph (B)), by inserting ``and'' after the
semicolon.
SEC. 614. STUDY ABROAD PROGRAM.
Section 623(a) (20 U.S.C. 1131a(a)) is amended--
(1) by striking ``as defined in section 322 of this Act'';
and
(2) by striking ``tribally controlled Indian community
colleges as defined in the Tribally Controlled Community
College Assistance Act of 1978'' and inserting ``tribally
controlled colleges or universities''.
SEC. 615. ADVANCED DEGREE IN INTERNATIONAL RELATIONS.
Section 624 (20 U.S.C. 1131b) is amended--
(1) in the section heading, by striking ``masters'' and
inserting ``advanced'';
(2) in the first sentence, by inserting ``, and in
exceptional circumstances, a doctoral degree,'' after ``masters
degree'';
(3) in the second sentence, by striking ``masters degree''
and inserting ``advanced degree''; and
(4) in the fourth sentence, by striking ``United States''
and inserting ``United States.''.
SEC. 616. INTERNSHIPS.
Section 625 (20 U.S.C. 1131c) is amended--
(1) in subsection (a)--
(A) by striking ``as defined in section 322 of this
Act'';
(B) by striking ``tribally controlled Indian
community colleges as defined in the Tribally
Controlled Community College Assistance Act of 1978''
and inserting ``tribally controlled colleges or
universities'';
(C) by striking ``an international'' and inserting
``international,''; and
(D) by striking ``the United States Information
Agency'' and inserting ``the Department of State''; and
(2) in subsection (c)(1)--
(A) in subparagraph (E), by inserting ``and'' after
the semicolon;
(B) in subparagraph (F), by striking ``; and'' and
inserting a period; and
(C) by striking subparagraph (G).
SEC. 617. FINANCIAL ASSISTANCE.
Part C of title VI (20 U.S.C. 1131 et seq.) is further amended--
(1) by redesignating sections 626, 627, and 628 as sections
627, 628, and 629, respectively; and
(2) by inserting after section 625 the following:
``SEC. 626. FINANCIAL ASSISTANCE.
``(a) Authority.--The Institute may provide financial assistance,
in the form of summer stipends described in subsection (b) and Ralph
Bunche scholarship assistance described in subsection (c), to needy
students to facilitate the participation of the students in the
Institute's programs under this part.
``(b) Summer Stipends.--
``(1) Requirements.--A student receiving a summer stipend
under this section shall use such stipend to defray the
student's cost of participation in a summer institute program
funded under this part, including the costs of travel, living,
and educational expenses necessary for the student's
participation in such program.
``(2) Amount.--A summer stipend awarded to a student under
this section shall not exceed $3,000 per summer.
``(c) Ralph Bunche Scholarship.--
``(1) Requirements.--A student receiving a Ralph Bunche
scholarship under this section--
``(A) shall be a full-time student at an
institution of higher education who is accepted into a
program funded under this part; and
``(B) shall use such scholarship to pay costs
related to the cost of attendance, as defined in
section 472, at the institution of higher education in
which the student is enrolled.
``(2) Amount and duration.--A Ralph Bunche scholarship
awarded to a student under this section shall not exceed $5,000
per academic year.''.
SEC. 618. REPORT.
Section 627 (as redesignated by section 617(1)) (20 U.S.C. 1131d)
is amended by striking ``annually'' and inserting ``biennially''.
SEC. 619. GIFTS AND DONATIONS.
Section 628 (as redesignated by section 617(1)) (20 U.S.C. 1131e)
is amended by striking ``annual report described in section 626'' and
inserting ``biennial report described in section 627''.
SEC. 620. AUTHORIZATION OF APPROPRIATIONS FOR THE INSTITUTE FOR
INTERNATIONAL PUBLIC POLICY.
Section 629 (as redesignated by section 617(1)) (20 U.S.C. 1131f)
is amended by striking ``$10,000,000 for fiscal year 1999'' and all
that follows through the period and inserting ``such sums as may be
necessary for fiscal year 2006 and each of the 5 succeeding fiscal
years.''.
SEC. 621. DEFINITIONS.
Section 631 (20 U.S.C. 1132) is amended--
(1) by redesignating paragraphs (2), (3), (4), (5), (6),
(7), (8), and (9), as paragraphs (8), (5), (9), (2), (11), (3),
(7), and (4), respectively;
(2) in paragraph (2), as redesignated by paragraph (1), by
striking ``comprehensive language and area center'' and
inserting ``comprehensive foreign language and area or
international studies center'';
(3) in paragraph (11), as redesignated by paragraph (1), by
striking ``undergraduate language and area center'' and
inserting ``undergraduate foreign language and area or
international studies center'';
(4) in paragraph (3), as redesignated by paragraph (1), by
striking the first occurrence of the term ``critical
languages'' and inserting ``critical foreign languages'';
(5) in paragraph (7), as redesignated by paragraph (1), by
striking ``and'' after the semicolon;
(6) in paragraph (4), as redesignated by paragraph (1), by
striking the period at the end and inserting a semicolon;
(7) by inserting after paragraph (5), as redesignated by
paragraph (1), the following:
``(6) the term `historically Black college and university'
has the meaning given the term `part B institution' in section
322;''; and
(8) by inserting after paragraph (9), as redesignated by
paragraph (1), the following:
``(10) the term `tribally controlled college or university'
has the meaning given the term in section 2 of the Tribally
Controlled College or University Assistance Act of 1978 (25
U.S.C. 1801); and''.
SEC. 622. ASSESSMENT AND ENFORCEMENT.
Part D of title VI (20 U.S.C. 1132) is amended by adding at the end
the following:
``SEC. 632. ASSESSMENT; ENFORCEMENT; RULE OF CONSTRUCTION.
``(a) In General.--The Secretary is authorized to assess and ensure
compliance with all the conditions and terms of grants provided under
this title. If a complaint regarding activities funded under this title
is not resolved under the process outlined in the relevant grantee's
application, and such complaint is filed with the Department, the
Secretary shall be notified, and is authorized, when circumstances
warrant, to immediately suspend future funding for the grant pending
resolution of such dispute. Such resolution shall not exceed 60 days.
The Secretary shall take the outcomes of such complaints into account
when determining the renewal of grants.
``(b) Rule of Construction.--Nothing in this title shall be
construed to authorize the Secretary to mandate, direct, or control an
institution of higher education's specific instructional content,
curriculum, or program of instruction.
``SEC. 633. EVALUATION, OUTREACH, AND INFORMATION.
``The Secretary may use not more than 1 percent of the funds made
available under this title to carry out program evaluation, national
outreach, and information dissemination activities relating to the
programs authorized under this title.''.
TITLE VII--GRADUATE AND POSTSECONDARY IMPROVEMENT PROGRAMS
SEC. 701. PURPOSE.
Section 700(1)(B)(i) (20 U.S.C. 1133(1)(B)(i)) is amended by
inserting ``, including those areas critical to United States national
and homeland security needs such as mathematics, science, and
engineering'' before the semicolon at the end.
SEC. 702. ALLOCATION OF JACOB K. JAVITS FELLOWSHIPS.
Section 702(a)(1) (20 U.S.C. 1134a(a)(1)) is amended to read as
follows:
``(1) Appointment.--
``(A) In general.--The Secretary shall appoint a
Jacob K. Javits Fellows Program Fellowship Board
(referred to in this subpart as the `Board') consisting
of 9 individuals representative of both public and
private institutions of higher education who are
especially qualified to serve on the Board.
``(B) Qualifications.--In making appointments under
subparagraph (A), the Secretary shall--
``(i) give due consideration to the
appointment of individuals who are highly
respected in the academic community;
``(ii) assure that individuals appointed to
the Board are broadly representative of a range
of disciplines in graduate education in arts,
humanities, and social sciences;
``(iii) appoint members to represent the
various geographic regions of the United
States; and
``(iv) include representatives from
minority institutions, as defined in section
365.''.
SEC. 703. STIPENDS.
Section 703(a) (20 U.S.C. 1134b(a)) is amended by striking
``graduate fellowships'' and inserting ``Graduate Research Fellowship
Program''.
SEC. 704. AUTHORIZATION OF APPROPRIATIONS FOR THE JACOB K. JAVITS
FELLOWSHIP PROGRAM.
Section 705 (20 U.S.C. 1134d) is amended by striking ``$30,000,000
for fiscal year 1999'' and all that follows through the period and
inserting ``such sums as may be necessary for fiscal year 2006 and each
of the 5 succeeding fiscal years to carry out this subpart.''.
SEC. 705. INSTITUTIONAL ELIGIBILITY UNDER THE GRADUATE ASSISTANCE IN
AREAS OF NATIONAL NEED PROGRAM.
Section 712(b) (20 U.S.C. 1135a(b)) is amended to read as follows:
``(b) Designation of Areas of National Need.--After consultation
with appropriate Federal and nonprofit agencies and organizations,
including the National Science Foundation, the Department of Defense,
the Department of Homeland Security, the National Academy of Sciences,
and the Bureau of Labor Statistics, the Secretary shall designate areas
of national need. In making such designations, the Secretary shall take
into consideration--
``(1) the extent to which the interest in the area is
compelling;
``(2) the extent to which other Federal programs support
postbaccalaureate study in the area concerned;
``(3) an assessment of how the program may achieve the most
significant impact with available resources; and
``(4) an assessment of current and future professional
workforce needs of the United States.''.
SEC. 706. AWARDS TO GRADUATE STUDENTS.
Section 714 (20 U.S.C. 1135c) is amended--
(1) in subsection (b)--
(A) by striking ``1999-2000'' and inserting ``2006-
2007''; and
(B) by striking ``graduate fellowships'' and
inserting ``Graduate Research Fellowship Program''; and
(2) in subsection (c)--
(A) by striking ``716(a)'' and inserting
``715(a)''; and
(B) by striking ``714(b)(2)'' and inserting
``713(b)(2)''.
SEC. 707. ADDITIONAL ASSISTANCE FOR COST OF EDUCATION.
Section 715(a)(1) (20 U.S.C. 1135d(a)(1)) is amended--
(1) by striking ``1999-2000'' and inserting ``2006-2007'';
and
(2) by striking ``1998-1999'' and inserting ``2005-2006''.
SEC. 708. AUTHORIZATION OF APPROPRIATIONS FOR THE GRADUATE ASSISTANCE
IN AREAS OF NATIONAL NEED PROGRAM.
Section 716 (20 U.S.C. 1135e) is amended by striking ``$35,000,000
for fiscal year 1999'' and all that follows through the period and
inserting ``such sums as may be necessary for fiscal year 2006 and each
of the 5 succeeding fiscal years to carry out this subpart.''.
SEC. 709. AUTHORIZATION OF APPROPRIATIONS FOR THE THURGOOD MARSHALL
LEGAL EDUCATIONAL OPPORTUNITY PROGRAM.
Section 721(h) (20 U.S.C. 1136(h)) is amended by striking
``$5,000,000 for fiscal year 1999'' and all that follows through the
period and inserting ``such sums as may be necessary for fiscal year
2006 and each of the 5 succeeding fiscal years.''.
SEC. 710. FUND FOR THE IMPROVEMENT OF POSTSECONDARY EDUCATION.
Section 741(a) (20 U.S.C. 1138(a)) is amended--
(1) by striking paragraph (3) and inserting the following:
``(3) the establishment and continuation of institutions,
programs, consortia, collaborations, and other joint efforts
based on the technology of communications, including those
efforts that utilize distance education and technological
advancements to educate and train postsecondary students
(including health professionals serving medically underserved
populations);'';
(2) in paragraph (7), by striking ``and'' after the
semicolon;
(3) in paragraph (8), by striking the period at the end and
inserting a semicolon; and
(4) by adding at the end the following:
``(9) the introduction of reforms in remedial education,
including English language instruction, to customize remedial
courses to student goals and help students progress rapidly
from remedial courses into core courses and through program
completion;
``(10) the creation of consortia that join diverse
institutions of higher education for the purpose of integrating
curricular and co-curricular interdisciplinary study; and
``(11) providing support and assistance to programs
implementing integrated education reform services in order to
improve secondary school graduation and college attendance and
completion rates for disadvantaged students.''.
SEC. 711. SPECIAL PROJECTS.
Section 744(c) (20 U.S.C. 1138c) is amended to read as follows:
``(c) Areas of National Need.--Areas of national need shall
include, at a minimum, the following:
``(1) Institutional restructuring to improve learning and
promote productivity, efficiency, quality improvement, and cost
and price control.
``(2) Improvements in academic instruction and student
learning, including efforts designed to assess the learning
gains made by postsecondary students.
``(3) Articulation between 2- and 4-year institutions of
higher education, including developing innovative methods for
ensuring the successful transfer of students from 2- to 4-year
institutions of higher education.
``(4) Development, evaluation and dissemination of model
programs, including model core curricula that--
``(A) provide students with a broad and integrated
knowledge base;
``(B) include, at a minimum, broad survey courses
in English literature, American and world history,
American political institutions, economics, philosophy,
college-level mathematics, and the natural sciences;
and
``(C) include sufficient study of a foreign
language to lead to reading and writing competency in
the foreign language.
``(5) International cooperation and student exchanges among
postsecondary educational institutions.''.
SEC. 712. AUTHORIZATION OF APPROPRIATIONS FOR THE FUND FOR THE
IMPROVEMENT OF POSTSECONDARY EDUCATION.
Section 745 (20 U.S.C. 1138d) is amended by striking ``$30,000,000
for fiscal year 1999'' and all that follows through the period and
inserting ``such sums as may be necessary for fiscal year 2006 and each
of the 5 succeeding fiscal years.''.
SEC. 713. REPEAL OF THE URBAN COMMUNITY SERVICE PROGRAM.
Part C of title VII (20 U.S.C. 1139 et seq.) is repealed.
SEC. 714. GRANTS AUTHORIZED FOR DEMONSTRATION PROJECTS TO ENSURE
STUDENTS WITH DISABILITIES RECEIVE A QUALITY HIGHER
EDUCATION.
Section 762 (20 U.S.C. 1140a) is amended--
(1) in subsection (b)--
(A) in paragraph (2)--
(i) in subparagraph (A), by striking ``to
teach students with disabilities'' and
inserting ``to teach and meet the academic and
programmatic needs of students with
disabilities in order to improve retention and
completion of postsecondary education'';
(ii) by redesignating subparagraphs (B) and
(C) as subparagraphs (C) and (F), respectively;
(iii) by inserting after subparagraph (A)
the following:
``(B) Effective transition practices.--The
development of innovative and effective teaching
methods and strategies to ensure the successful
transition of students with disabilities from secondary
school to postsecondary education.'';
(iv) in subparagraph (C), as redesignated
by clause (ii), by striking the period at the
end and inserting ``, including data on the
postsecondary education of and impact on
subsequent employment of students with
disabilities. Such research, information, and
data shall be made publicly available and
accessible.'';
(v) by inserting after subparagraph (C), as
redesignated by clause (ii), the following:
``(D) Distance learning.--The development of
innovative and effective teaching methods and
strategies to provide faculty and administrators with
the ability to provide accessible distance education
programs or classes that would enhance access of
students with disabilities to higher education,
including the use of accessible curriculum and
electronic communication for instruction and
advisement.
``(E) Disability career pathways.--Training and
providing support to secondary and postsecondary staff
to encourage interest in, enhance awareness and
understanding of, provide educational opportunities in,
teach practical skills related to, and offer work-based
opportunities in, disability related fields, among
students, including students with disabilities. Such
training and support may include developing means to
offer students credit-bearing, college-level
coursework, and career and educational counseling.'';
and
(vi) by adding at the end the following:
``(G) Accessibility of education.--Making
postsecondary education more accessible to students
with disabilities through curriculum development.'';
and
(B) in paragraph (3), by striking ``subparagraphs
(A) through (C)'' and inserting ``subparagraphs (A)
through (G)''; and
(2) by adding at the end the following:
``(d) Report.--The Secretary shall prepare and disseminate a report
reviewing the activities of the demonstration projects authorized under
this part and providing guidance and recommendations on how successful
projects can be replicated.''.
SEC. 715. APPLICATIONS FOR DEMONSTRATION PROJECTS TO ENSURE STUDENTS
WITH DISABILITIES RECEIVE A QUALITY HIGHER EDUCATION.
Section 763 (20 U.S.C. 1140b) is amended--
(1) by striking paragraph (1) and inserting the following:
``(1) a description of how such institution plans to
address the activities allowed under this part;'';
(2) in paragraph (2), by striking ``and'' after the
semicolon;
(3) in paragraph (3), by striking the period at the end and
inserting ``; and''; and
(4) by adding at the end the following:
``(4) a description of the extent to which the institution
will work to replicate the research based and best practices of
institutions of higher education with demonstrated success in
serving students with disabilities.''.
SEC. 716. AUTHORIZATION OF APPROPRIATIONS FOR THE DEMONSTRATION
PROJECTS TO ENSURE STUDENTS WITH DISABILITIES RECEIVE A
QUALITY HIGHER EDUCATION.
Section 765 (20 U.S.C. 1140d) is amended by striking ``$10,000,000
for fiscal year 1999'' and all that follows through the period and
inserting ``such sums as may be necessary for fiscal year 2006 and each
of the 5 succeeding fiscal years.''.
TITLE VIII--MISCELLANEOUS
SEC. 801. MISCELLANEOUS.
The Act (20 U.S.C. 1001 et seq.) is amended by adding at the end
the following:
``TITLE VIII--MISCELLANEOUS
``PART A--MATHEMATICS AND SCIENCE SCHOLARS PROGRAM
``SEC. 811. MATHEMATICS AND SCIENCE SCHOLARS PROGRAM.
``(a) Program Authorized.--The Secretary is authorized to award
grants to States, on a competitive basis, to enable the States to award
eligible students, who complete a rigorous secondary school curriculum
in mathematics and science, scholarships for undergraduate study.
``(b) Eligible Students.--A student is eligible for a scholarship
under this section if the student is a full-time undergraduate student
in the student's first and second year of study who has completed a
rigorous secondary school curriculum in mathematics and science.
``(c) Rigorous Curriculum.--Each participating State shall
determine the requirements for a rigorous secondary school curriculum
in mathematics and science described in subsection (b).
``(d) Priority for Scholarships.--The Governor of a State may set a
priority for awarding scholarships under this section for particular
eligible students, such as students attending schools in high-need
areas, students who are from groups underrepresented in the fields of
mathematics, science, and engineering, students served by local
educational agencies that do not meet or exceed State standards in
mathematics and science, or students with regional or geographic needs
as determined appropriate by the Governor.
``(e) Amount and Duration of Scholarship.--The Secretary shall
award a grant under this section--
``(1) in an amount that does not exceed $1,000; and
``(2) for not more than 2 years of undergraduate study.
``(f) Matching Requirement.--In order to receive a grant under this
section, a State shall provide matching funds for the scholarships
awarded under this section in an amount equal to 50 percent of the
Federal funds received.
``(g) Authorization.--There are authorized to be appropriated to
carry out this section such sums as may be necessary for fiscal year
2006 and each of the 5 succeeding fiscal years.
``PART B--POSTSECONDARY EDUCATION ASSESSMENT
``SEC. 821. POSTSECONDARY EDUCATION ASSESSMENT.
``(a) Contract for Assessment.--The Secretary shall enter into a
contract, with an independent, bipartisan organization with specific
expertise in public administration and financial management, to carry
out an independent assessment of the cost factors associated with the
cost of tuition at institutions of higher education.
``(b) Timeframe.--The Secretary shall enter into the contract
described in subsection (a) not later than 90 days after the date of
enactment of the Higher Education Amendments of 2005.
``(c) Matters Assessed.--The assessment described in subsection (a)
shall--
``(1) examine the key elements driving the cost factors
associated with the cost of tuition at institutions of higher
education during academic year 2000 and succeeding academic
years;
``(2) identify and evaluate measures being used to control
postsecondary education costs;
``(3) identify and evaluate effective measures that may be
utilized to control postsecondary education costs in the
future; and
``(4) identify systemic approaches to monitor future
postsecondary education cost trends and postsecondary education
cost control mechanisms.
``PART C--JOB SKILL TRAINING IN HIGH-GROWTH OCCUPATIONS OR INDUSTRIES
``SEC. 831. JOB SKILL TRAINING IN HIGH-GROWTH OCCUPATIONS OR
INDUSTRIES.
``(a) Grants Authorized.--The Secretary is authorized to award
grants, on a competitive basis, to eligible partnerships to enable the
eligible partnerships to provide relevant job skill training in high-
growth industries or occupations.
``(b) Definitions.--In this section:
``(1) Eligible partnership.--The term `eligible
partnership' means a partnership--
``(A) between an institution of higher education
and a local board (as such term is defined in section
101 of the Workforce Investment Act of 1998); or
``(B) if an institution of higher education is
located within a State that does not operate local
boards, between the institution of higher education and
a State board (as such term is defined in section 101
of the Workforce Investment Act of 1998).
``(2) Nontraditional student.--The term `nontraditional
student' means a student who--
``(A) is independent, as defined in section 480(d);
``(B) attends an institution of higher education--
``(i) on less than a full-time basis;
``(ii) via evening, weekend, modular, or
compressed courses; or
``(iii) via distance learning methods; or
``(C) has delayed enrollment at an institution of
higher education.
``(3) Institution of higher education.--The term
`institution of higher education' means an institution of
higher education, as defined in section 101(b), that offers a
1- or 2-year program of study leading to a degree or
certificate.
``(c) Application.--
``(1) In general.--Each eligible partnership that desires a
grant under this section shall submit an application to the
Secretary at such time, in such manner, and accompanied by such
additional information as the Secretary may require.
``(2) Contents.--Each application submitted under paragraph
(1) shall include a description of--
``(A) how the eligible partnership, through the
institution of higher education, will provide relevant
job skill training for students to enter high-growth
occupations or industries;
``(B) local high-growth occupations or industries;
and
``(C) the need for qualified workers to meet the
local demand of high-growth occupations or industries.
``(d) Award Basis.--In awarding grants under this section, the
Secretary shall--
``(1) ensure an equitable distribution of grant funds under
this section among urban and rural areas of the United States;
and
``(2) take into consideration the capability of the
institution of higher education--
``(A) to offer relevant, high quality instruction
and job skill training for students entering a high-
growth occupation or industry;
``(B) to involve the local business community and
to place graduates in the community in employment in
high-growth occupations or industries;
``(C) to provide secondary students with dual-
enrollment or concurrent enrollment options;
``(D) to serve nontraditional or low-income
students, or adult or displaced workers; and
``(E) to serve students from rural or remote
communities.
``(e) Use of Funds.--Grant funds provided under this section may be
used--
``(1) to expand or create academic programs or programs of
training that provide relevant job skill training for high-
growth occupations or industries;
``(2) to purchase equipment which will facilitate the
development of academic programs or programs of training that
provide training for high-growth occupations or industries;
``(3) to support outreach efforts that enable students to
attend institutions of higher education with academic programs
or programs of training focused on high-growth occupations or
industries;
``(4) to expand or create programs for distance, evening,
weekend, modular, or compressed learning opportunities that
provide relevant job skill training in high-growth occupations
or industries;
``(5) to build partnerships with local businesses in high-
growth occupations or industries;
``(6) to support curriculum development related to
entrepreneurial training; and
``(7) for other uses that the Secretary determines to be
consistent with the intent of this section.
``(f) Requirements.--
``(1) Fiscal agent.--For the purpose of this section, the
institution of higher education in an eligible partnership
shall serve as the fiscal agent and grant recipient for the
eligible partnership.
``(2) Duration.--The Secretary shall award grants under
this section for periods that may not exceed 5 years.
``(3) Supplement, not supplant.--Funds made available under
this section shall be used to supplement and not supplant other
Federal, State, and local funds available to the eligible
partnership for carrying out the activities described in
subsection (e).
``(g) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this part such sums as may be necessary for
fiscal year 2006 and each of the 5 succeeding fiscal years.
``PART D--GRANT PROGRAM TO INCREASE STUDENT RETENTION AND PROMOTE
ARTICULATION AGREEMENTS
``SEC. 841. GRANT PROGRAM TO INCREASE STUDENT RETENTION AND PROMOTE
ARTICULATION AGREEMENTS.
``(a) Authorization of Program.--The Secretary shall award grants,
on a competitive basis, to eligible institutions to enable the
institutions to--
``(1) focus on increasing traditional and nontraditional
student retention at such institutions; and
``(2) promote articulation agreements among different
institutions that will increase the likelihood of progression
of students at such institutions to baccalaureate degrees.
``(b) Definition of Eligible Institution.--In this section, the
term `eligible institution' means an institution of higher education
(as defined in section 101(a)) where not less than 40 percent of such
institution's student body receives financial aid under subpart 1 of
part A of title IV.
``(c) Application.--An eligible institution that desires a grant
under this section shall submit an application to the Secretary at such
time, in such manner, and containing such information as the Secretary
may require, including the number of students proposed to be served and
a description of the services that will be provided.
``(d) Mandatory Activities.--An eligible institution that receives
a grant under this section shall use the grant funds to carry out each
of the following:
``(1) Offering counseling and advisement services to help
students adapt to postsecondary education and select
appropriate coursework.
``(2) Making mentors available to students who are at risk
for not completing a degree.
``(3) Providing detailed assistance to students who request
help in understanding--
``(A) the options for financing their education,
including information on grants, loans, and loan
repayment programs;
``(B) the process of applying for financial
assistance;
``(C) the outcome of their financial assistance
application; and
``(D) any unanticipated problems related to
financing their education that arise.
``(4) Offering tutoring to students at risk of dropping out
of school with any course or subject.
``(5) Designing and implementing innovative ways to improve
retention in and completion of courses, such as enrolling
students in cohorts, providing counseling, or creating bridge
programs that customize courses to the needs of special
population students.
``(6) Conducting outreach activities so that all students
know that these services are available and are aware of how to
access the services.
``(7) Creating articulation agreements to promote smooth
transition from two year to four year programs.
``(8) Making services listed in paragraphs (1) through (5)
available in students' native languages, if it is not English,
if the percentage of students needing translation services in a
specific language exceeds 5 percent.
``(e) Permissible Activities.--An eligible institution that
receives a grant under this section may use grant funds to carry out
any of the following activities:
``(1) Designing innovative course schedules to meet the
needs of working adults, such as online, modular, compressed,
or other alternative methods.
``(2) Offering childcare during the hours when students
have class or are studying.
``(3) Providing transportation assistance to students that
helps such students manage their schedules.
``(4) Partnering with local businesses to create flexible
work-hour programs so that students can balance work and
school.
``(5) Offering time management or financial literacy
seminars to help students improve their management skills.
``(6) Improving professional development to align
instruction with innovative program designs.
``(7) Any other activities the Secretary believes will
promote retention of students attending eligible institutions.
``(f) Technical Assistance.--The Secretary may enter into a
contract with a private entity to provide such technical assistance to
grantees under this section as the Secretary determines appropriate.
``(g) Evaluation.--The Secretary shall conduct an evaluation of
program impacts under the demonstration program, and shall disseminate
to the public the findings from the evaluation and information on best
practices.
``(h) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this and such sums as may be necessary for
fiscal year 2006 and each of the 5 succeeding fiscal years.
``PART E--AMERICAN HISTORY FOR FREEDOM
``SEC. 851. AMERICAN HISTORY FOR FREEDOM.
``(a) Grants Authorized.--The Secretary is authorized to award 3-
year grants, on a competitive basis, to eligible institutions to
establish or strengthen postsecondary academic programs or centers that
promote and impart knowledge of--
``(1) traditional American history;
``(2) the history and nature of, and threats to, free
institutions; or
``(3) the history and achievements of Western civilization.
``(b) Definitions.--In this section:
``(1) Eligible institution.--The term `eligible
institution' means an institution of higher education as
defined in section 101.
``(2) Free institution.--The term `free institution' means
an institution that emerged out of Western civilization, such
as democracy, constitutional government, individual rights,
market economics, religious freedom and religious tolerance,
and freedom of thought and inquiry.
``(3) Traditional american history.--The term `traditional
American history' means--
``(A) the significant constitutional, political,
intellectual, economic, and foreign policy trends and
issues that have shaped the course of American history;
and
``(B) the key episodes, turning points, and leading
figures involved in the constitutional, political,
intellectual, diplomatic, and economic history of the
United States.
``(c) Application.--
``(1) In general.--Each eligible institution that desires a
grant under this part shall submit an application to the
Secretary at such time, in such manner, and accompanied by such
additional information as the Secretary may require.
``(2) Contents.--Each application submitted under
subsection (a) shall include a description of --
``(A) how funds made available under this part will
be used for the activities set forth under subsection
(e), including how such activities will increase
knowledge with respect to traditional American history,
free institutions, or Western civilization;
``(B) how the eligible institution will ensure that
information about the activities funded under this part
is widely disseminated pursuant to subsection
(e)(1)(B);
``(C) any activities to be undertaken pursuant to
subsection (e)(2)(A), including identification of
entities intended to participate;
``(D) how funds made available under this part
shall be used to supplement and not supplant non-
Federal funds available for the activities described in
subsection (e); and
``(E) such fiscal controls and accounting
procedures as may be necessary to ensure proper
disbursement of and accounting for funding made
available to the eligible institution under this part.
``(d) Award Basis.--In awarding grants under this part, the
Secretary shall take into consideration the capability of the eligible
institution to--
``(1) increase access to quality programming that expands
knowledge of traditional American history, free institutions,
or Western civilization;
``(2) involve personnel with strong expertise in
traditional American history, free institutions, or Western
civilization; and
``(3) sustain the activities funded under this part after
the grant has expired.
``(e) Use of Funds.--
``(1) Required use of funds.--Funds provided under this
part shall be used to--
``(A) establish or strengthen academic programs or
centers focused on traditional American history, free
institutions, or Western civilization, which may
include--
``(i) design and implementation of programs
of study, courses, lecture series, seminars,
and symposia;
``(ii) development, publication, and
dissemination of instructional materials;
``(iii) research;
``(iv) support for faculty teaching in
undergraduate and, if applicable, graduate
programs;
``(v) support for graduate and postgraduate
fellowships, if applicable; or
``(vi) teacher preparation initiatives that
stress content mastery regarding traditional
American history, free institutions, or Western
civilization; and
``(B) conduct outreach activities to ensure that
information about the activities funded under this part
is widely disseminated--
``(i) to undergraduate students (including
students enrolled in teacher education
programs, if applicable);
``(ii) to graduate students (including
students enrolled in teacher education
programs), if applicable;
``(iii) to faculty;
``(iv) to local educational agencies; and
``(v) within the local community.
``(2) Allowable uses of funds.--Funds provided under this
part may be used to support--
``(A) collaboration with entities such as--
``(i) local educational agencies, for the
purpose of providing elementary, middle and
secondary school teachers an opportunity to
enhance their knowledge of traditional American
history, free institutions, or Western
civilization; and
``(ii) nonprofit organizations whose
mission is consistent with the purpose of this
part, such as academic organizations, museums,
and libraries, for assistance in carrying out
activities described under subsection (a); and
``(B) other activities that meet the purposes of
this part.
``(f) Authorization of Appropriations.--For the purpose of carrying
out this part, there are authorized to be appropriated such sums as may
be necessary for fiscal year 2006 and each of the 5 succeeding fiscal
years.
``PART F--TEACH FOR AMERICA
``SEC. 861. TEACH FOR AMERICA.
``(a) Definitions.--
``(1) In general.--The terms `highly qualified', `local
educational agency', and `Secretary' have the meanings given
the terms in section 9101 of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7801).
``(2) Grantee.--The term `grantee' means Teach For America,
Inc.
``(3) High need.--The term `high need', when used with
respect to a local educational agency, means a local
educational agency experiencing a shortage of highly qualified
teachers.
``(b) Grants Authorized.--The Secretary is authorized to award a
grant to Teach For America, Inc., the national teacher corps of
outstanding recent college graduates who commit to teach for 2 years in
underserved communities in the United States, to implement and expand
its program of recruiting, selecting, training, and supporting new
teachers.
``(c) Requirements.--In carrying out the grant program under
subsection (b), the Secretary shall enter into an agreement with the
grantee under which the grantee agrees to use the grant funds provided
under this section--
``(1) to provide highly qualified teachers to high need
local educational agencies in urban and rural communities;
``(2) to pay the cost of recruiting, selecting, training,
and supporting new teachers; and
``(3) to serve a substantial number and percentage of
underserved students.
``(d) Authorized Activities.--
``(1) In general.--Grant funds provided under this section
shall be used by the grantee to carry out each of the following
activities:
``(A) Recruiting and selecting teachers through a
highly selective national process.
``(B) Providing preservice training to the teachers
through a rigorous summer institute that includes
hands-on teaching experience and significant exposure
to education coursework and theory.
``(C) Placing the teachers in schools and positions
designated by partner local educational agencies as
high need placements serving underserved students.
``(D) Providing ongoing professional development
activities for the teachers' first 2 years in the
classroom, including regular classroom observations and
feedback, and ongoing training and support.
``(2) Limitation.--The grantee shall use all grant funds
received under this section to support activities related
directly to the recruitment, selection, training, and support
of teachers as described in subsection (a).
``(e) Reports and Evaluations.--
``(1) Annual report.--The grantee shall provide to the
Secretary an annual report that includes--
``(A) data on the number and quality of the
teachers provided to local educational agencies through
a grant under this section;
``(B) an externally conducted analysis of the
satisfaction of local educational agencies and
principals with the teachers so provided; and
``(C) comprehensive data on the background of the
teachers chosen, the training the teachers received,
the placement sites of the teachers, the professional
development of the teachers, and the retention of the
teachers.
``(2) Study.--
``(A) In general.--From funds appropriated under
subsection (f), the Secretary shall provide for a study
that examines the achievement levels of the students
taught by the teachers assisted under this section.
``(B) Achievement gains compared.--The study shall
compare, within the same schools, the achievement gains
made by students taught by teachers who are assisted
under this section with the achievement gains made by
students taught by teachers who are not assisted under
this section.
``(3) Requirements.--The Secretary shall provide for such a
study not less than once every 3 years, and each such study
shall include multiple placement sites and multiple schools
within placement sites.
``(4) Peer review standards.--Each such study shall meet
the peer review standards of the education research community.
``(f) Authorization of Appropriations.--
``(1) In general.--There are authorized to be appropriated
to carry out this section such sums as may be necessary for
fiscal year 2006 and each of the 5 succeeding fiscal years.
``(2) Limitation.--The grantee shall not use more than 25
percent of Federal funds from any source for administrative
costs.
``PART G--PATSY T. MINK FELLOWSHIP PROGRAM
``SEC. 871. PATSY T. MINK FELLOWSHIP PROGRAM.
``(a) Purpose.--
``(1) In general.--It is the purpose of this section to
provide, through eligible institutions, a program of fellowship
awards to assist highly qualified minorities and women to
acquire the doctoral degree, or highest possible degree
available, in academic areas in which such individuals are
underrepresented for the purpose of enabling such individuals
to enter the higher education professoriate.
``(2) Designation.--Each recipient of a fellowship award
from an eligible institution receiving a grant under this
section shall be known as a `Patsy T. Mink Graduate Fellow'.
``(b) Definitions.--In this section, the term `eligible
institution' means an institution of higher education, or a consortium
of such institutions, that offers a program of postbaccalaureate study
leading to a graduate degree.
``(c) Program Authorized.--
``(1) Grants by secretary.--
``(A) In general.--The Secretary shall award grants
to eligible institutions to enable such institutions to
make fellowship awards to individuals in accordance
with the provisions of this section.
``(B) Priority consideration.--In awarding grants
under this section, the Secretary shall consider the
eligible institution's prior experience in producing
doctoral degree, or highest possible degree available,
holders who are minorities and women, and shall give
priority consideration in making grants under this
section to those eligible institutions with a
demonstrated record of producing minorities and women
who have earned such degrees.
``(2) Applications.--
``(A) In general.--An eligible institution that
desires a grant under this section shall submit an
application to the Secretary at such time, in such
manner, and containing such information as the
Secretary may require.
``(B) Applications made on behalf.--
``(i) In general.--The following entities
may submit an application on behalf of an
eligible institution:
``(I) A graduate school or
department of such institution.
``(II) A graduate school or
department of such institution in
collaboration with an undergraduate
college or university of such
institution.
``(III) An organizational unit
within such institution that offers a
program of postbaccalaureate study
leading to a graduate degree, including
an interdisciplinary or an
interdepartmental program.
``(IV) A nonprofit organization
with a demonstrated record of helping
minorities and women earn
postbaccalaureate degrees.
``(ii) Nonprofit organizations.--Nothing in
this paragraph shall be construed to permit the
Secretary to award a grant under this section
to an entity other than an eligible
institution.
``(3) Selection of applications.--In awarding grants under
subsection (a), the Secretary shall--
``(A) take into account--
``(i) the number and distribution of
minority and female faculty nationally;
``(ii) the current and projected need for
highly trained individuals in all areas of the
higher education professoriate; and
``(iii) the present and projected need for
highly trained individuals in academic career
fields in which minorities and women are
underrepresented in the higher education
professoriate; and
``(B) consider the need to prepare a large number
of minorities and women generally in academic career
fields of high national priority, especially in areas
in which such individuals are traditionally
underrepresented in college and university faculties,
such as mathematics, science, technology, and
engineering.
``(4) Distribution and amounts of grants.--
``(A) Equitable distribution.--In awarding grants
under this section, the Secretary shall, to the maximum
extent feasible, ensure an equitable geographic
distribution of awards and an equitable distribution
among public and independent eligible institutions that
apply for grants under this section and that
demonstrate an ability to achieve the purpose of this
section.
``(B) Special rule.--To the maximum extent
practicable, the Secretary shall use not less than 30
percent of the amount appropriated pursuant to
subsection (f) to award grants to eligible institutions
that--
``(i) are eligible for assistance under
title III or title V; or
``(ii) have formed a consortium that
includes both non-minority serving institutions
and minority serving institutions.
``(C) Allocation.--In awarding grants under this
section, the Secretary shall allocate appropriate funds
to those eligible institutions whose applications
indicate an ability to significantly increase the
numbers of minorities and women entering the higher
education professoriate and that commit institutional
resources to the attainment of the purpose of this
section.
``(D) Number of fellowship awards.--An eligible
institution that receives a grant under this section
shall make not less than 15 fellowship awards.
``(E) Reallotment.--If the Secretary determines
that an eligible institution awarded a grant under this
section is unable to use all of the grant funds awarded
to the institution, the Secretary shall reallot, on
such date during each fiscal year as the Secretary may
fix, the unused funds to other eligible institutions
that demonstrate that such institutions can use any
reallocated grant funds to make fellowship awards to
individuals under this section.
``(5) Institutional allowance.--
``(A) In general.--
``(i) Number of allowances.--In awarding
grants under this section, the Secretary shall
pay to each eligible institution awarded a
grant, for each individual awarded a fellowship
by such institution under this section, an
institutional allowance.
``(ii) Amount.--Except as provided in
paragraph (3), an institutional allowance shall
be in an amount equal to, for academic year
2006-2007 and succeeding academic years, the
amount of institutional allowance made to an
institution of higher education under section
715 for such academic year.
``(B) Use of funds.--Institutional allowances may
be expended in the discretion of the eligible
institution and may be used to provide, except as
prohibited under paragraph (4), academic support and
career transition services for individuals awarded
fellowships by such institution.
``(C) Reduction.--The institutional allowance paid
under paragraph (1) shall be reduced by the amount the
eligible institution charges and collects from a
fellowship recipient for tuition and other expenses as
part of the recipient's instructional program.
``(D) Use for overhead prohibited.--Funds made
available under this section may not be used for
general operational overhead of the academic department
or institution receiving funds under this section.
``(d) Fellowship Recipients.--
``(1) Authorization.--An eligible institution that receives
a grant under this section shall use the grant funds to make
fellowship awards to minorities and women who are enrolled at
such institution in a doctoral degree, or highest possible
degree available, program and--
``(A) intend to pursue a career in instruction at--
``(i) an institution of higher education
(as the term is defined in section 101);
``(ii) an institution of higher education
(as the term is defined in section 102(a)(1));
``(iii) an institution of higher education
outside the United States (as the term is
described in section 102(a)(2)); or
``(iv) a proprietary institution of higher
education (as the term is defined in section
102(b)); and
``(B) sign an agreement with the Secretary
agreeing--
``(i) to begin employment at an institution
described in paragraph (1) not later than 3
years after receiving the doctoral degree or
highest possible degree available, which 3-year
period may be extended by the Secretary for
extraordinary circumstances; and
``(ii) to be employed by such institution
for 1 year for each year of fellowship
assistance received under this section.
``(2) Failure to comply.--If an individual who receives a
fellowship award under this section fails to comply with the
agreement signed pursuant to subsection (a)(2), then the
Secretary shall do 1 or both of the following:
``(A) Require the individual to repay all or the
applicable portion of the total fellowship amount
awarded to the individual by converting the balance due
to a loan at the interest rate applicable to loans made
under part B of title IV.
``(B) Impose a fine or penalty in an amount to be
determined by the Secretary.
``(3) Waiver and modification.--
``(A) Regulations.--The Secretary shall promulgate
regulations setting forth criteria to be considered in
granting a waiver for the service requirement under
subsection (a)(2).
``(B) Content.--The criteria under paragraph (1)
shall include whether compliance with the service
requirement by the fellowship recipient would be--
``(i) inequitable and represent an
extraordinary hardship; or
``(ii) deemed impossible because the
individual is permanently and totally disabled
at the time of the waiver request.
``(4) Amount of fellowship awards.--Fellowship awards under
this section shall consist of a stipend in an amount equal to
the level of support provided to the National Science
Foundation graduate fellows, except that such stipend shall be
adjusted as necessary so as not to exceed the fellow's tuition
and fees or demonstrated need (as determined by the institution
of higher education where the graduate student is enrolled),
whichever is greater.
``(5) Academic progress required.--An individual student
shall not be eligible to receive a fellowship award--
``(A) except during periods in which such student
is enrolled, and such student is maintaining
satisfactory academic progress in, and devoting
essentially full time to, study or research in the
pursuit of the degree for which the fellowship support
was awarded; and
``(B) if the student is engaged in gainful
employment, other than part-time employment in
teaching, research, or similar activity determined by
the eligible institution to be consistent with and
supportive of the student's progress toward the
appropriate degree.
``(e) Rule of Construction.--Nothing in this section shall be
construed to require an eligible institution that receives a grant
under this section--
``(1) to grant a preference or to differentially treat any
applicant for a faculty position as a result of the
institution's participation in the program under this section;
or
``(2) to hire a Patsy T. Mink Fellow who completes this
program and seeks employment at such institution.
``(f) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section such sums as may be necessary
for fiscal year 2006 for each of the 5 succeeding fiscal years.
``PART H--STUDY ON COLLEGE ENROLLMENT BY SECONDARY SCHOOLS
``SEC. 881. STUDY ON COLLEGE ENROLLMENT BY SECONDARY SCHOOLS.
``The Secretary shall contract with a not-for-profit organization,
with demonstrated expertise in increasing college enrollment rates in
low-income communities nationwide, to make publicly available year-to-
year college enrollment rate trends by secondary schools, in full
compliance with the Family Educational Rights and Privacy Act of 1974
(FERPA).''.
TITLE IX--AMENDMENTS TO OTHER LAWS
PART A--EDUCATION OF THE DEAF ACT OF 1986
SEC. 901. LAURENT CLERC NATIONAL DEAF EDUCATION CENTER.
Section 104 of the Education of the Deaf Act of 1986 (20 U.S.C.
4304) is amended--
(1) by striking the heading and inserting ``laurent clerc
national deaf education center'';
(2) in subsection (a)(1)(A), by inserting ``the Laurent
Clerc National Deaf Education Center (referred to in this
section as the `Clerc Center') to carry out'' after ``maintain
and operate''; and
(3) in subsection (b)--
(A) in the matter preceding subparagraph (A) of
paragraph (1), by striking ``elementary and secondary
education programs'' and inserting ``Clerc Center'';
(B) in paragraph (2), by striking ``elementary and
secondary education programs'' and inserting ``Clerc
Center''; and
(C) by adding at the end the following:
``(5) The University, for purposes of the elementary and secondary
education programs carried out at the Clerc Center, shall--
``(A)(i) select challenging academic content standards,
challenging student academic achievement standards, and
academic assessments of a State, adopted and implemented, as
appropriate, pursuant to paragraphs (1) and (3) of section
1111(b) of the Elementary and Secondary Education Act of 1965
(20 U.S.C. 6311(b)(1) and (3)) and approved by the Secretary;
and
``(ii) implement such standards and assessments for such
programs by not later than the beginning of the 2008-2009
academic year;
``(B) annually determine whether such programs at the Clerc
Center are making adequate yearly progress, as determined
according to the definition of adequate yearly progress defined
(pursuant to section 1111(b)(2)(C) of such Act (20 U.S.C.
6311(b)(2)(C))) by the State that has adopted and implemented
the standards and assessments selected under subparagraph
(A)(i); and
``(C) publicly report the results of the academic
assessments implemented under subparagraph (A) and whether the
programs at the Clerc Center are making adequate yearly
progress, as determined under subparagraph (B).''.
SEC. 902. AGREEMENT WITH GALLAUDET UNIVERSITY.
Section 105(b)(4) of the Education of the Deaf Act of 1986 (20
U.S.C. 4305(b)(4)) is amended--
(1) by striking ``the Act of March 3, 1931 (40 U.S.C. 276a-
276a-5) commonly referred to as the Davis-Bacon Act'' and
inserting ``subchapter IV of chapter 31 of title 40, United
States Code, commonly referred to as the Davis-Bacon Act''; and
(2) by striking ``section 2 of the Act of June 13, 1934 (40
U.S.C. 276c)'' and inserting ``section 3145 of title 40, United
States Code''.
SEC. 903. AGREEMENT FOR THE NATIONAL TECHNICAL INSTITUTE FOR THE DEAF.
Section 112 of the Education of the Deaf Act of 1986 (20 U.S.C.
4332) is amended--
(1) in subsection (a)--
(A) in paragraph (1)--
(i) in the first sentence--
(I) by striking ``an institution of
higher education'' and inserting ``the
Rochester Institute of Technology,
Rochester, New York''; and
(II) by striking ``of a'' and
inserting ``of the''; and
(ii) by striking the second sentence;
(B) by redesignating paragraph (2) as paragraph
(3); and
(C) by inserting after paragraph (1) the following:
``(2) Notwithstanding the requirement under paragraph (1),
if the Secretary or the Rochester Institute of Technology
terminates the agreement under paragraph (1), the Secretary
shall consider proposals from other institutions of higher
education and enter into an agreement with 1 of such
institutions for the establishment and operation of a National
Technical Institution for the Deaf.''; and
(2) in subsection (b)--
(A) in paragraph (3), by striking ``Committee on
Education and Labor of the House of Representatives and
to the Committee on Labor and Human Resources of the
Senate'' and inserting ``Committee on Education and the
Workforce of the House of Representatives and to the
Committee on Health, Education, Labor, and Pensions of
the Senate''; and
(B) in paragraph (5)--
(i) by striking ``the Act of March 3, 1931
(40 U.S.C. 276a-276a-5) commonly referred to as
the Davis-Bacon Act'' and inserting
``subchapter IV of chapter 31 of title 40,
United States Code, commonly referred to as the
Davis-Bacon Act''; and
(ii) by striking ``section 2 of the Act of
June 13, 1934 (40 U.S.C. 276c)'' and inserting
``section 3145 of title 40, United States
Code''.
SEC. 904. CULTURAL EXPERIENCES GRANTS.
(a) Cultural Experiences Grants.--Title I of the Education of the
Deaf Act of 1986 (20 U.S.C. 4301 et seq.) is amended by adding at the
end the following:
``PART C--OTHER PROGRAMS
``SEC. 121. CULTURAL EXPERIENCES GRANTS.
``(a) In General.--The Secretary shall, on a competitive basis,
make grants to, and enter into contracts and cooperative agreements
with, eligible entities to support the activities described in
subsection (b).
``(b) Activities.--In carrying out this section, the Secretary
shall support activities providing cultural experiences, through
appropriate nonprofit organizations with a demonstrated proficiency in
providing such activities, that--
``(1) enrich the lives of deaf and hard-of-hearing children
and adults;
``(2) increase public awareness and understanding of
deafness and of the artistic and intellectual achievements of
deaf and hard-of-hearing persons; or
``(3) promote the integration of hearing, deaf, and hard-
of-hearing persons through shared cultural, educational, and
social experiences.
``(c) Applications.--An eligible entity that desires to receive a
grant, or enter into a contract or cooperative agreement, under this
section shall submit an application to the Secretary at such time, in
such manner, and containing such information as the Secretary may
require.
``(d) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section such sums as may be necessary
for fiscal year 2006 and each of the 5 succeeding fiscal years.''.
(b) Conforming Amendment.--The title heading of title I of the
Education of the Deaf Act of 1986 (20 U.S.C. 4301 et seq.) is amended
by adding at the end ``; OTHER PROGRAMS''.
SEC. 905. AUDIT.
Section 203 of the Education of the Deaf Act of 1986 (20 U.S.C.
4353) is amended--
(1) in subsection (b)--
(A) in paragraph (1), by striking the second
sentence and inserting the following: ``The institution
of higher education that the Secretary has an agreement
with under section 112 shall have an annual independent
financial and compliance audit made of NTID programs
and activities. The audit shall follow the cycle of the
Federal fiscal year.'';
(B) in paragraph (2), by striking ``sections'' and
all that follows through the period and inserting
``sections 102(b), 105(b)(4), 112(b)(5), 203(c),
207(b)(2), subsections (c) through (f) of section 207,
and subsections (b) and (c) of section 209.''; and
(C) in paragraph (3), by inserting ``and the
Committee on Education and the Workforce of the House
of Representatives and the Committee on Health,
Education, Labor, and Pensions of the Senate'' after
``Secretary''; and
(2) in subsection (c)(2)(A), by striking ``Committee on
Education and Labor of the House of Representatives and the
Committee on Labor and Human Resources of the Senate'' and
inserting ``Committee on Education and the Workforce of the
House of Representatives and the Committee on Health,
Education, Labor, and Pensions of the Senate''.
SEC. 906. REPORTS.
Section 204 of the Education of the Deaf Act of 1986 (20 U.S.C.
4354) is amended--
(1) in the matter preceding paragraph (1), by striking
``Committee on Education and Labor of the House of
Representatives and the Committee on Labor and Human Resources
of the Senate'' and inserting ``Committee on Education and the
Workforce of the House of Representatives and the Committee on
Health, Education, Labor, and Pensions of the Senate'';
(2) in paragraph (1), by striking ``preparatory,'';
(3) in paragraph (2)(C), by striking ``upon graduation/
completion'' and inserting ``on the date that is 1 year after
the date of graduation or completion''; and
(4) in paragraph (3)(B), by striking ``of the institution
of higher education'' and all that follows through the period
and inserting ``of NTID programs and activities.''.
SEC. 907. MONITORING, EVALUATION, AND REPORTING.
Section 205 of the Education of the Deaf Act of 1986 (20 U.S.C.
4355) is amended--
(1) in subsection (b), by striking ``The Secretary, as part
of the annual report required under section 426 of the
Department of Education Organization Act, shall include a
description of'' and inserting ``The Secretary shall annually
transmit information to Congress on''; and
(2) in subsection (c), by striking ``fiscal years 1998
through 2003'' and inserting ``fiscal years 2006 through
2010''.
SEC. 908. LIAISON FOR EDUCATIONAL PROGRAMS.
Section 206(a) of the Education of the Deaf Act of 1986 (20 U.S.C.
4356(a)) is amended by striking ``Not later than 30 days after the date
of enactment of this Act, the'' and inserting ``The''.
SEC. 909. FEDERAL ENDOWMENT PROGRAMS FOR GALLAUDET UNIVERSITY AND THE
NATIONAL TECHNICAL INSTITUTE FOR THE DEAF.
Section 207(h) of the Education of the Deaf Act of 1986 (20 U.S.C.
4357(h)) is amended by striking ``fiscal years 1998 through 2003'' each
place it appears and inserting ``fiscal years 2006 through 2010''.
SEC. 910. OVERSIGHT AND EFFECT OF AGREEMENTS.
Section 208(a) of the Education of the Deaf Act of 1986 (20 U.S.C.
4359(a)) is amended by striking ``Committee on Labor and Human
Resources of the Senate and the Committee on Education and the
Workforce of the House of Representatives'' and inserting ``Committee
on Education and the Workforce of the House of Representatives and the
Committee on Health, Education, Labor, and Pensions of the Senate''.
SEC. 911. INTERNATIONAL STUDENTS.
Section 209 of the Education of the Deaf Act of 1986 (20 U.S.C.
4359a) is amended--
(1) in subsection (a)--
(A) by striking ``preparatory, undergraduate,'' and
inserting ``undergraduate'';
(B) by striking ``Effective with'' and inserting
the following:
``(1) In general.--Except as provided in paragraph (2),
effective with''; and
(C) by adding at the end the following:
``(2) Distance learning.--International students who
participate in distance learning courses that are at NTID or
the University and who are residing outside of the United
States shall--
``(A) not be counted as international students for
purposes of the cap on international students under
paragraph (1), except that in any school year no United
States citizen who applies to participate in distance
learning courses that are at the University or NTID
shall be denied participation in such courses because
of the participation of an international student in
such courses; and
``(B) not be charged a tuition surcharge, as
described in subsection (b).''; and
(2) by striking subsections (b), (c), and (d), and
inserting the following:
``(b) Tuition Surcharge.--Except as provided in subsections
(a)(2)(B) and (c), the tuition for postsecondary international students
enrolled in the University (including undergraduate and graduate
students) or NTID shall include, for academic year 2007-2008 and any
succeeding academic year, a surcharge of--
``(1) 100 percent for a postsecondary international student
from a non-developing country; and
``(2) 50 percent for a postsecondary international student
from a developing country.
``(c) Reduction of Surcharge.--
``(1) In general.--Beginning with the academic year 2007-
2008, the University or NTID may reduce the surcharge--
``(A) under subsection (b)(1) to 50 percent if--
``(i) a student described under subsection
(b)(1) demonstrates need; and
``(ii) such student has made a good faith
effort to secure aid through such student's
government or other sources; and
``(B) under subsection (b)(2) to 25 percent if--
``(i) a student described under subsection
(b)(2) demonstrates need; and
``(ii) such student has made a good faith
effort to secure aid through such student's
government or other sources.
``(2) Development of sliding scale.--The University and
NTID shall develop a sliding scale model that--
``(A) will be used to determine the amount of a
tuition surcharge reduction pursuant to paragraph (1);
and
``(B) shall be approved by the Secretary.
``(d) Definition.--In this section, the term `developing country'
means a country with a per-capita income of not more than $4,825,
measured in 1999 United States dollars, as adjusted by the Secretary to
reflect inflation since 1999.''.
SEC. 912. RESEARCH PRIORITIES.
Section 210(b) of the Education of the Deaf Act of 1986 (20 U.S.C.
4359b(b)) is amended by striking ``Committee on Labor and Human
Resources of the Senate'' and inserting ``Committee on Health,
Education, Labor, and Pensions of the Senate''.
SEC. 913. AUTHORIZATION OF APPROPRIATIONS.
Section 212 of the Education of the Deaf Act of 1986 (20 U.S.C.
4360a) is amended--
(1) in subsection (a), in the matter preceding paragraph
(1), by striking ``fiscal years 1998 through 2003'' and
inserting ``fiscal years 2006 through 2011''; and
(2) in subsection (b), by striking ``fiscal years 1998
through 2003'' and inserting ``fiscal years 2006 through
2011''.
PART B--UNITED STATES INSTITUTE OF PEACE ACT
SEC. 921. UNITED STATES INSTITUTE OF PEACE ACT.
(a) Powers and Duties.--Section 1705(b)(3) of the United States
Institute of Peace Act (22 U.S.C. 4604(b)(3)) is amended by striking
``the Arms Control and Disarmament Agency,''.
(b) Board of Directors.--Section 1706 of the United States
Institute of Peace Act (22 U.S.C. 4605) is amended--
(1) by striking ``(b)(5)'' each place the term appears and
inserting ``(b)(4)''; and
(2) in subsection (e), by adding at the end the following:
``(5) The term of a member of the Board shall not commence
until the member is confirmed by the Senate and sworn in as a
member of the Board.''.
(c) Funding.--Section 1710 of the United States Institute of Peace
Act (22 U.S.C. 4609) is amended by adding at the end the following:
``(d) Extension.--Any authorization of appropriations made for the
purposes of carrying out this title shall be extended in the same
manner as applicable programs are extended under section 422 of the
General Education Provisions Act.''.
PART C--THE HIGHER EDUCATION AMENDMENTS OF 1998
SEC. 931. REPEALS.
The following provisions of title VIII of the Higher Education
Amendments of 1998 (Public Law 105-244) are repealed:
(1) Part A.
(2) Part C (20 U.S.C. 1070 note).
(3) Part F (20 U.S.C. 1862 note).
(4) Part J.
(5) Section 861.
(6) Section 863.
SEC. 932. GRANTS TO STATES FOR WORKPLACE AND COMMUNITY TRANSITION
TRAINING FOR INCARCERATED YOUTH OFFENDERS.
Section 821(b) of the Higher Education Amendments of 1998 is
amended by striking ``25'' and inserting ``35''.
PART D--INDIAN EDUCATION
Subpart 1--Tribal Colleges and Universities
SEC. 941. REAUTHORIZATION OF THE TRIBALLY CONTROLLED COLLEGE OR
UNIVERSITY ASSISTANCE ACT OF 1978.
(a) Clarification of the Definition of National Indian
Organization.--Section 2(a)(6) of the Tribally Controlled College or
University Assistance Act of 1978 (25 U.S.C. 1801(a)(6)) is amended by
striking ``in the field of Indian education'' and inserting ``in the
fields of tribally controlled colleges and universities and Indian
higher education''.
(b) Indian Student Count.--Section 2(a) of the Tribally Controlled
College or University Assistance Act (25 U.S.C. 1801(a)) is amended--
(1) by redesignating paragraphs (7) and (8) as paragraphs
(8) and (9), respectively; and
(2) by inserting after paragraph (6) the following:
``(7) `Indian student' means a student who is--
``(A) a member of an Indian tribe; or
``(B) a biological child of a member of an Indian
tribe, living or deceased;''.
(c) Continuing Education.--Section 2(b) of the Tribally Controlled
College or University Assistance Act (25 U.S.C. 1801(b)) is amended by
striking paragraph (5) and inserting the following:
``(5) Determination of credits.--Eligible credits earned in
a continuing education program--
``(A) shall be determined as 1 credit for every 10
contact hours in the case of an institution on a
quarter system, or 15 contact hours in the case of an
institution on a semester system, of participation in
an organized continuing education experience under
responsible sponsorship, capable direction, and
qualified instruction, as described in the criteria
established by the International Association for
Continuing Education and Training; and
``(B) shall be limited to 10 percent of the Indian
student count of a tribally controlled college or
university.''.
(d) Accreditation Requirement.--Section 103 of the Tribally
Controlled College or University Assistance Act (25 U.S.C. 1804) is
amended--
(1) in paragraph (2), by striking ``and'' at the end;
(2) in paragraph (3), by striking the period at the end and
inserting ``; and''; and
(3) by inserting after paragraph (3), the following:
``(4)(A) is accredited by a nationally recognized
accrediting agency or association determined by the Secretary
of Education to be a reliable authority with regard to the
quality of training offered; or
``(B) is, according to such an agency or association,
making reasonable progress toward accreditation.''.
(e) Technical Assistance Contract Awards.--Section 105 of the
Tribally Controlled College or University Assistance Act (25 U.S.C.
1805) is amended in the second sentence by striking ``In the awarding
of contracts for technical assistance, preference shall be given'' and
inserting ``The Secretary shall direct that contracts for technical
assistance be awarded''.
(f) Title I Reauthorization.--Section 110(a) of the Tribally
Controlled College or University Assistance Act of 1978 (25 U.S.C.
1810(a)) is amended--
(1) in paragraphs (1), (2), (3), and (4), by striking
``1999'' and inserting ``2006'';
(2) in paragraphs (1), (2), and (3), by striking ``4
succeeding'' and inserting ``5 succeeding'';
(3) in paragraph (2), by striking ``$40,000,000'' and
inserting ``such sums as may be necessary'';
(4) in paragraph (3), by striking ``$10,000,000'' and
inserting ``such sums as may be necessary''; and
(5) in paragraph (4), by striking ``succeeding 4'' and
inserting ``5 succeeding''.
(g) Title III Reauthorization.--Section 306(a) of the Tribally
Controlled College or University Assistance Act of 1978 (25 U.S.C.
1836(a)) is amended--
(1) by striking ``1999'' and inserting ``2006''; and
(2) by striking ``4 succeeding'' and inserting ``5
succeeding''.
(h) Title IV Reauthorization.--Section 403 of the Tribal Economic
Development and Technology Related Education Assistance Act of 1990 (25
U.S.C. 1852) is amended--
(1) by striking ``$2,000,000 for fiscal year 1999'' and
inserting ``such sums as may be necessary for fiscal year
2006''; and
(2) by striking ``4 succeeding'' and inserting ``5
succeeding''.
Subpart 2--Navajo Higher Education
SEC. 945. SHORT TITLE.
This subpart may be cited as the ``Navajo Nation Higher Education
Act of 2005''.
SEC. 946. REAUTHORIZATION OF NAVAJO COMMUNITY COLLEGE ACT.
(a) Purpose.--Section 2 of the Navajo Community College Act (25
U.S.C. 640a) is amended--
(1) by striking ``Navajo Tribe of Indians'' and inserting
``Navajo Nation''; and
(2) by striking ``the Navajo Community College'' and
inserting ``Dine College''.
(b) Grants.--Section 3 of the Navajo Community College Act (25
U.S.C. 640b) is amended--
(1) in the first sentence--
(A) by inserting ``the'' before ``Interior'';
(B) by striking ``Navajo Tribe of Indians'' and
inserting ``Navajo Nation''; and
(C) by striking ``the Navajo Community College''
and inserting ``Dine College''; and
(2) in the second sentence--
(A) by striking ``Navajo Tribe'' and inserting
``Navajo Nation''; and
(B) by striking ``Navajo Indians'' and inserting
``Navajo people''.
(c) Study of Facilities Needs.--Section 4 of the Navajo Community
College Act (25 U.S.C. 640c) is amended--
(1) in subsection (a)--
(A) in the first sentence--
(i) by striking ``the Navajo Community
College'' and inserting ``Dine College''; and
(ii) by striking ``August 1, 1979'' and
inserting ``October 31, 2009''; and
(B) in the second sentence, by striking ``Navajo
Tribe'' and inserting ``Navajo Nation'';
(2) in subsection (b), by striking ``the date of enactment
of the Tribally Controlled Community College Assistance Act of
1978'' and inserting ``October 1, 2006''; and
(3) in subsection (c), in the first sentence, by striking
``the Navajo Community College'' and inserting ``Dine
College''.
(d) Authorization of Appropriations.--Section 5 of the Navajo
Community College Act (25 U.S.C. 640c-1) is amended--
(1) in subsection (a)--
(A) in paragraph (1), by striking ``$2,000,000''
and all that follows through the end of the paragraph
and inserting ``such sums as are necessary for fiscal
years 2006 through 2011.''; and
(B) by adding at the end the following:
``(3) Sums described in paragraph (2) shall be used to provide
grants for construction activities, including the construction of
buildings, water and sewer facilities, roads, information technology
and telecommunications infrastructure, classrooms, and external
structures (such as walkways).'';
(2) in subsection (b)(1)--
(A) in the matter preceding subparagraph (A)--
(i) by striking ``the Navajo Community
College'' and inserting ``Dine College''; and
(ii) by striking ``, for each fiscal year''
and all that follows through ``for--'' and
inserting ``such sums as are necessary for
fiscal years 2006 through 2011 to pay the cost
of--'';
(B) in subparagraph (A)--
(i) by striking ``college'' and inserting
``College'';
(ii) in clauses (i) and (iii), by striking
the commas at the ends of the clauses and
inserting semicolons; and
(iii) in clause (ii), by striking ``, and''
at the end and inserting ``; and'';
(C) in subparagraph (B), by striking the comma at
the end and inserting a semicolon;
(D) in subparagraph (C), by striking ``, and'' at
the end and inserting a semicolon;
(E) in subparagraph (D), by striking the period at
the end and inserting ``; and''; and
(F) by adding at the end the following:
``(E) improving and expanding the College,
including by providing, for the Navajo people and
others in the community of the College--
``(i) higher education programs;
``(ii) vocational and technical education;
``(iii) activities relating to the
preservation and protection of the Navajo
language, philosophy, and culture;
``(iv) employment and training
opportunities;
``(v) economic development and community
outreach; and
``(vi) a safe learning, working, and living
environment.''; and
(3) in subsection (c), by striking ``the Navajo Community
College'' and inserting ``Dine College''.
(e) Effect on Other Laws.--Section 6 of the Navajo Community
College Act (25 U.S.C. 640c-2) is amended--
(1) by striking ``the Navajo Community College'' each place
it appears and inserting ``Dine College''; and
(2) in subsection (b), by striking ``college'' and
inserting ``College''.
(f) Payments; Interest.--Section 7 of the Navajo Community College
Act (25 U.S.C. 640c-3) is amended by striking ``the Navajo Community
College'' each place it appears and inserting ``Dine College''.
TITLE X--RECONCILIATION
PART A--EDUCATION PROVISIONS
SEC. 1001. PROVISIONAL GRANT ASSISTANCE PROGRAM.
(a) Amendment.--Subpart 1 of part A of title IV (20 U.S.C. 1070a)
is amended by adding at the end the following:
``SEC. 401A. PROVISIONAL GRANT ASSISTANCE PROGRAM.
``(a) Grants.--
``(1) In general.--From amounts appropriated under
subsection (e) for a fiscal year and subject to subsection (b),
the Secretary shall award grants to students (which shall be
known as `ProGAP awards') in the same manner as the Secretary
awards grants to students under section 401, except that--
``(A) at the beginning of each award year, the
Secretary shall establish a maximum and minimum award
level based on amounts made available under subsection
(e);
``(B) the Secretary shall only award grants under
this section to students eligible for a grant under
section 401 for the award year; and
``(C) when determining eligibility for the awards,
the Secretary shall consider only those students who
are eligible for a grant under section 401, as of June
30 of the award year for which the determination is
made.
``(2) Students with the greatest need.--The Secretary shall
ensure grants are awarded under this section to students with
the greatest need as determined in accordance with section 471.
``(b) Cost of Attendance Limitation.--A grant awarded under this
section for an award year shall be awarded in an amount that does not
exceed--
``(1) the student's cost of attendance for the award year;
less
``(2) an amount equal to the expected family contribution
for that student for the award year.
``(c) Supplement Not Supplant.--Grants awarded from funds made
available under subsection (e) shall be used to supplement, and not
supplant, other Federal, State, or institutional grant funds.
``(d) Use of Excess Funds.--
``(1) 15 percent or less.--If, at the end of a fiscal year,
the funds available for making grant payments under this
section exceed the amount necessary to make the grant payments
required under this section to eligible students by 15 percent
or less, then all of the excess funds shall remain available
for making grant payments under this section during the next
succeeding fiscal year.
``(2) More than 15 percent.--If, at the end of a fiscal
year, the funds available for making grant payments under this
section exceed the amount necessary to make the grant payments
required under this section to eligible students by more than
15 percent, then all of such funds shall remain available for
making such grant payments but grant payments may be made under
this paragraph only with respect to awards for that fiscal
year.
``(e) Authorization and Appropriation of Funds.--There are
authorized to be appropriated, and there are appropriated, out of any
money in the Treasury not otherwise appropriated, for the Department of
Education to carry out this section and section 401B--
``(1) $1,897,000,000 for fiscal year 2006;
``(2) $1,901,000,000 for fiscal year 2007;
``(3) $1,899,000,000 for fiscal year 2008;
``(4) $1,898,000,000 for fiscal year 2009; and
``(5) $1,897,000,000 for fiscal year 2010.
``(f) Sunset Provision.--This section shall be effective with
respect to amounts appropriated for fiscal year 2006 and each of the 4
succeeding fiscal years.''.
(b) Sense of the Senate.--It is the sense of the Senate that the
amounts appropriated to carry out sections 401A and 401B of the Higher
Education Act of 1965 are the result of the savings generated by the
amendments made by this part.
SEC. 1002. NATIONAL SMART GRANTS.
Subpart 1 of part A of title IV (20 U.S.C. 1070a) is further
amended by adding after section 401A (as added by section 1001):
``SEC. 401B. NATIONAL SMART GRANTS.
``(a) Findings.--Congress makes the following findings:
``(1) If the United States is to remain a world leader in
the global economy, its college students must have the training
they need to compete for the best jobs of the 21st century.
``(2) The United States intelligence community faces major
shortages in foreign languages critical to national security,
and will also require major incentives to fill projected
workforce needs.
``(3) Increasingly, the best jobs of the 21st century will
require baccalaureate degrees in the sciences, mathematics,
technology, engineering, and foreign languages critical to
national security, or be generated by people who have such
degrees.
``(4) Congress should establish a National Science and
Mathematics Access to Retain Talent (SMART) grant program to
meet the goals described in paragraphs (1) through (3).
``(b) Purpose.--The purpose of this section is to increase the
number of postsecondary students from low-income backgrounds who are
enrolled in studies leading to baccalaureate degrees in physical, life,
or computer sciences, mathematics, technology, engineering, and foreign
languages critical to national security.
``(c) Grants Authorized.--From amounts appropriated under section
401A(c) for a fiscal year, the Secretary shall award grants to eligible
students to assist the eligible students in paying their college
education expenses.
``(d) Designation.--A grant under this section shall be known as a
`National Science and Mathematics Access to Retain Talent Grant' or a
`National SMART Grant'.
``(e) Definition of Eligible Student.--In this section the term
`eligible student' means a student who, for the academic year for which
the determination is made--
``(1) is eligible for a Federal Pell Grant; and
``(2) is in the student's 3rd or 4th year at an institution
of higher education majoring in--
``(A) mathematics, science, technology, or
engineering (as determined by the Secretary pursuant to
regulations); or
``(B) a foreign language that the Secretary, in
consultation with the Director of National
Intelligence, determines is critical to the national
security of the United States.
``(f) Grant Amount.--The Secretary shall award a grant under this
section in an amount that does not exceed $1,500 for an academic year.
``(g) Funding Rule.--The Secretary shall use not more than
$450,000,000 of the funds appropriated under section 401A(c) for each
of the fiscal years 2006 through 2010 to carry out this section.
``(h) Unobligated Funds Available for Federal Grant Assistance.--
The Secretary shall make any funds made available under subsection (g)
for a fiscal year that remain unobligated at the end of the fiscal year
available to carry out section 401A.
``(i) Matching Assistance.--An institution of higher education may,
from funds provided from private sources, provide additional assistance
to a student receiving a grant under this section, except that the
total assistance provided under this title to a student shall not
exceed the student's cost of attendance.''.
SEC. 1003. LOAN LIMITS.
(a) Federal Insurance Limits.--Section 425(a)(1)(A) (20 U.S.C.
1075(a)(1)(A)) is amended--
(1) in clause (i)(I), by striking ``$2,625'' and inserting
``$3,500''; and
(2) in clause (ii)(I), by striking ``$3,500'' and inserting
``$4,500''.
(b) Guarantee Limits.--Section 428(b)(1)(A) (20 U.S.C.
1078(b)(1)(A)) is amended--
(1) in clause (i)(I), by striking ``$2,625'' and inserting
``$3,500''; and
(2) in clause (ii)(I), by striking ``$3,500'' and inserting
``$4,500''.
(c) Federal PLUS Loans.--Section 428B (20 U.S.C. 1078-2) is
amended--
(1) in subsection (a)(1)--
(A) in the matter preceding subparagraph (A), by
striking ``Parents'' and inserting ``A graduate or
professional student or the parents'';
(B) in subparagraph (A), by striking ``the
parents'' and inserting ``the graduate or professional
student or the parents''; and
(C) in subparagraph (B), by striking ``the
parents'' and inserting ``the graduate or professional
student or the parents'';
(2) in subsection (b), by striking ``any parent'' and
inserting ``any graduate or professional student or any
parent'';
(3) in subsection (c)(2), by striking ``parent'' and
inserting ``graduate or professional student or parent''; and
(4) in subsection (d)(1), by striking ``the parent'' and
inserting ``the graduate or professional student or the
parent''.
(d) Unsubsidized Stafford Loans for Graduate or Professional
Students.--Section 428H(d)(2) (20 U.S.C. 1078-8(d)(2)) is amended--
(1) in subparagraph (C), by striking ``$10,000'' and
inserting ``$12,000''; and
(2) in subparagraph (D)--
(A) in clause (i), by striking ``$5,000'' and
inserting ``$7,000''; and
(B) in clause (ii), by striking ``$5,000'' and
inserting ``$7,000''.
SEC. 1004. PLUS LOAN INTEREST RATES AND ZERO SPECIAL ALLOWANCE PAYMENT.
(a) PLUS Loans.--Section 427A(l)(2) (20 U.S.C. 1077a(l)(2)) is
amended by striking ``7.9 percent'' and inserting ``8.5 percent''.
(b) Conforming Amendments for Special Allowances.--
(1) Amendments.--Subparagraph (I) of section 438(b)(2) (20
U.S.C. 1087-1(b)(2)) is amended--
(A) in clause (iv), by striking ``, subject to
clause (vi) of this subparagraph'';
(B) in clause (v), by striking ``July 1, 2006''
each place it appears and inserting ``April 1, 2006'';
and
(C) by striking clauses (vi) and (vii) and
inserting the following:
``(vi) Recapture of excess interest.--
``(I) Excess credited.--With
respect to a loan on which the
applicable interest rate is determined
under subsection (k) or (l) of section
427A and for which the first
disbursement of principal is made on or
after April 1, 2006, if the applicable
interest rate for any 3-month period
exceeds the special allowance support
level applicable to such loan under
this subparagraph for such period, then
an adjustment shall be made by
calculating the excess interest in the
amount computed under subclause (II) of
this clause, and by crediting the
excess interest to the Government not
less often than annually.
``(II) Calculation of excess.--The
amount of any adjustment of interest on
a loan to be made under this subsection
for any quarter shall be equal to--
``(aa) the applicable
interest rate minus the special
allowance support level
determined under this
subparagraph; multiplied by
``(bb) the average daily
principal balance of the loan
(not including unearned
interest added to principal)
during such calendar quarter;
divided by
``(cc) four.
``(III) Special allowance support
level.--For purposes of this clause,
the term `special allowance support
level' means, for any loan, a number
expressed as a percentage equal to the
sum of the rates determined under
subclauses (I) and (III) of clause (i),
and applying any substitution rules
applicable to such loan under clauses
(ii), (iii), and (iv) in determining
such sum.''.
(2) Effective date.--The amendments made by this subsection
shall not apply with respect to any special allowance payment
made under section 438 of the Higher Education Act of 1965 (20
U.S.C 1087-1) before April 1, 2006.
SEC. 1005. REDUCTION OF LENDER INSURANCE REIMBURSEMENT RATES.
(a) Amendment.--Subparagraph (G) of section 428(b)(1) (20 U.S.C.
1078(b)(1)) is amended to read as follows:
``(G) insures 97 percent of the unpaid principal of
loans insured under the program;''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply with respect to any loan made, insured, or guaranteed under part
B of title IV of the Higher Education Act of 1965 (20 U.S.C. 1071 et
seq.) for which the first disbursement is made on or after January 1,
2006.
SEC. 1006. GUARANTY AGENCY ORIGINATION FEE.
(a) Amendment.--Section 428(b)(1)(H) (20 U.S.C. 1078(b)(1)(H)) is
amended to read as follows:
``(H) provides for the collection, and the deposit
in the Federal Fund established under section 422A(a),
of a guaranty agency origination fee of 1.0 percent of
each disbursement of the proceeds of the loan, which
fee may be provided from funds in the guaranty agency's
operating fund under section 422B or from other non-
Federal funds;''.
(b) Effective Date.--The amendment made by subsection (a) shall be
effective with respect to any loan disbursed under part B of title IV
of the Higher Education Act of 1965 on or after April 1, 2006.
SEC. 1007. DEFERMENT OF STUDENT LOANS FOR MILITARY SERVICE.
(a) Federal Family Education Loans.--Section 428(b)(1)(M) (20
U.S.C. 1078(b)(1)(M)) is amended--
(1) by striking ``or'' at the end of clause (ii);
(2) by redesignating clause (iii) as clause (iv); and
(3) by inserting after clause (ii) the following new
clause:
``(iii) not in excess of 3 years during
which the borrower--
``(I) is serving on active duty
during a war or other military
operation or national emergency; or
``(II) is performing qualifying
National Guard duty during a war or
other military operation or national
emergency; or''.
(b) Direct Loans.--Section 455(f)(2) (20 U.S.C. 1087e(f)(2)) is
amended--
(1) by redesignating subparagraph (C) as subparagraph (D);
and
(2) by inserting after subparagraph (B) the following new
subparagraph:
``(C) not in excess of 3 years during which the
borrower--
``(i) is serving on active duty during a
war or other military operation or national
emergency; or
``(ii) is performing qualifying National
Guard duty during a war or other military
operation or national emergency; or''.
(c) Perkins Loans.--Section 464(c)(2)(A) (20 U.S.C.
1087dd(c)(2)(A)) is amended--
(1) by redesignating clauses (iii) and (iv) as clauses (iv)
and (v), respectively; and
(2) by inserting after clause (ii) the following new
clause:
``(iii) not in excess of 3 years during
which the borrower--
``(I) is serving on active duty
during a war or other military
operation or national emergency; or
``(II) is performing qualifying
National Guard duty during a war or
other military operation or national
emergency;''.
(d) Definitions.--Section 481 (20 U.S.C. 1088) is amended by adding
at the end the following new subsection:
``(d) Definitions for Military Deferments.--For purposes of parts
B, D, and E of this title:
``(1) Active duty.--The term `active duty' has the meaning
given such term in section 101(d)(1) of title 10, United States
Code, except that such term does not include active duty for
training or attendance at a service school.
``(2) Military operation.--The term `military operation'
means a contingency operation as such term is defined in
section 101(a)(13) of title 10, United States Code.
``(3) National emergency.--The term `national emergency'
means the national emergency by reason of certain terrorist
attacks declared by the President on September 14, 2001, or
subsequent national emergencies declared by the President by
reason of terrorist attacks.
``(4) Serving on active duty.--The term `serving on active
duty during a war or other military operation or national
emergency' means service by an individual who is--
``(A) a Reserve of an Armed Force ordered to active
duty under section 12301(a), 12301(g), 12302, 12304, or
12306 of title 10, United States Code, or any retired
member of an Armed Force ordered to active duty under
section 688 of such title, for service in connection
with a war or other military operation or national
emergency, regardless of the location at which such
active duty service is performed; and
``(B) any other member of an Armed Force on active
duty in connection with such emergency or subsequent
actions or conditions who has been assigned to a duty
station at a location other than the location at which
such member is normally assigned.
``(5) Qualifying national guard duty.--The term `qualifying
National Guard duty during a war or other military operation or
national emergency' means service as a member of the National
Guard on full-time National Guard duty (as defined in section
101(d)(5) of title 10, United States Code) under a call to
active service authorized by the President or the Secretary of
Defense for a period of more than 30 consecutive days under
section 502(f) of title 32, United States Code, in connection
with a war, other military operation, or a national emergency
declared by the President and supported by Federal funds.''.
(e) Rule of Construction.--Nothing in the amendments made by this
section shall be construed to authorize any refunding of any repayment
of a loan.
(f) Effective Date.--The amendments made by this section shall
apply with respect to loans for which the first disbursement is made on
or after July 1, 2001.
SEC. 1008. RECOVERY THROUGH CONSOLIDATION.
Section 428(c) (20 U.S.C 1078(c)) is amended--
(1) in paragraph (2)(A)--
(A) by inserting ``(i)'' after ``including''; and
(B) by inserting before the semicolon at the end
the following: ``and (ii) requirements establishing
procedures to preclude consolidation lending from being
an excessive proportion of guaranty agency recoveries
on defaulted loans under this part'';
(2) in paragraph (2)(D), by striking ``paragraph (6)'' and
inserting ``paragraph (6)(A)''; and
(3) in paragraph (6)--
(A) by inserting ``(A)'' before ``For the purposes
of paragraph (2)(D),'';
(B) by redesignating subparagraphs (A) and (B) as
clauses (i) and (ii), respectively; and
(C) by adding at the end the following new
subparagraphs:
``(B) Guaranty agency obligations.--A guaranty agency
shall--
``(i) on or after October 1, 2006--
``(I) not charge the borrower collection
costs in an amount in excess of 18.5 percent of
the outstanding principal and interest of a
defaulted loan that is paid off through
consolidation by the borrower under this title;
and
``(II) remit to the Secretary a portion of
the collection charge under subclause (I) equal
to 8.5 percent of the outstanding principal and
interest of such defaulted loan; and
``(ii) on and after October 1, 2009, remit to the
Secretary the entire amount charged under clause (i)(I)
with respect to each defaulted loan that is paid off
with excess consolidation proceeds.
``(C) Excess consolidation proceeds.--For purposes
of subparagraph (B), the term `excess consolidation
proceeds' means, with respect to any guaranty agency
for any Federal fiscal year beginning on or after
October 1, 2009, the proceeds of consolidation of
defaulted loans under this title that exceed 45 percent
of the agency's total collections on defaulted loans in
such Federal fiscal year.''.
SEC. 1009. SINGLE HOLDER RULE.
Subparagraph (A) of section 428C(b)(1) (20 U.S.C. 1078-3(b)(1)) is
amended by striking ``and (i)'' and all that follows through ``so
selected for consolidation)''.
SEC. 1010. DEFAULT REDUCTION PROGRAM.
Section 428F(a)(1) (20 U.S.C. 1078-6(a)(1)) is amended--
(1) in subparagraph (A), by striking ``consecutive payments
for 12 months'' and inserting ``9 payments made within 20 days
of the due date during 10 consecutive months'';
(2) by redesignating subparagraph (C) as subparagraph (D);
and
(3) by inserting after subparagraph (B) the following new
subparagraph:
``(C) A guaranty agency may charge the borrower and
retain collection costs in an amount not to exceed 18.5
percent of the outstanding principal and interest at
the time of sale of a loan rehabilitated under
subparagraph (A).''.
SEC. 1011. REQUIREMENTS FOR DISBURSEMENTS OF STUDENT LOANS.
Section 428G (20 U.S.C. 1078-7) is amended--
(1) in subsection (a)(3), by adding at the end the
following: ``Notwithstanding section 422(d) of the Higher
Education Amendments of 1998, this paragraph shall be effective
beginning on the date of enactment of the Higher Education
Amendments of 2005.''; and
(2) in subsection (b)(1), by adding at the end the
following: ``Notwithstanding section 422(d) of the Higher
Education Amendments of 1998, the second sentence of this
paragraph shall be effective beginning on the date of enactment
of the Higher Education Amendments of 2005.''.
SEC. 1012. SPECIAL INSURANCE AND REINSURANCE RULES.
(a) Repeal.--Section 428I (20 U.S.C. 1078-9) is repealed.
(b) Conforming Amendments.--Part A of title IV (20 U.S.C.1070 et
seq.) is amended--
(1) in section 428(c)(1)--
(A) by striking subparagraph (D); and
(B) by redesignating subparagraphs (E) and (F) as
subparagraphs (D) and (E), respectively; and
(2) in section 438(b)(5), by striking the matter following
subparagraph (B).
SEC. 1013. SCHOOL AS LENDER MORATORIUM.
Section 435(d)(2) (20 U.S.C. 1085(d)(2)) is amended--
(1) in subparagraph (E), by striking ``and'' after the
semicolon; and
(2) by inserting before the matter following subparagraph
(F) (as amended by section 430) the following:
``(G) shall have met the requirements of
subparagraphs (A) through (F), and made loans under
this part, on or before August 31, 2005;
``(H) shall hold each loan the eligible institution
makes under this part to a student enrolled at the
eligible institution until the student enters into a
grace period described in section 427(a)(2)(B) or
428(b)(7);
``(I) shall use the proceeds from the sale of a
loan made under this part, for need based grant aid
programs, except that such proceeds--
``(i) shall not be used to provide a grant
to a student for an academic year in an amount
that is more than the student's cost of
attendance for the academic year; and
``(ii) shall supplement and not supplant
other Federal, State, and institutional grant
aid; and
``(J) shall not be a foundation or alumni
organization;''.
SEC. 1014. PERMANENT REDUCTION OF SPECIAL ALLOWANCE PAYMENTS FOR LOANS
FROM THE PROCEEDS OF TAX EXEMPT ISSUES.
(a) Technical Clarification.--The matter preceding paragraph (1) of
section 2 of the Taxpayer-Teacher Protection Act of 2004 (Public Law
108-409; 118 Stat. 2299) is amended by inserting ``of the Higher
Education Act of 1965'' after ``Section 438(b)(2)(B)''. The amendment
made by the preceding sentence shall be effective as if enacted on
October 30, 2004.
(b) Amendment.--Section 438(b)(2)(B) (20 U.S.C. 1087-1(b)(2)(B)) is
amended--
(1) in clause (iv), by striking ``and before January 1,
2006,''; and
(2) in clause (v)(II)--
(A) in item (aa), by striking ``and before January
1, 2006,'';
(B) in item (bb), by striking ``and before January
1, 2006,''; and
(C) in item (cc), by striking ``and before January
1, 2006,''.
SEC. 1015. SPECIAL ALLOWANCES.
(a) Origination Fees.--Paragraph (2) of section 438(c) (20 U.S.C.
1087-1(c)) is amended--
(1) by striking the designation and heading of such
paragraph and inserting the following:
``(2) Amount of origination fees.--
``(A) In general.--''; and
(2) by adding at the end the following new subparagraph:
``(B) Subsequent reductions.--Subparagraph (A)
shall be applied to loans made under this part (other
than loans made under sections 428C and 439(o)) by
substituting `2.50 percent' for `3.0 percent' with
respect to loans for which the first disbursement of
principal is made on or after July 1, 2007.''.
(b) Loan Fees From Lenders.--
(1) Amendment.--Paragraph (2) of section 438(d) (20 U.S.C.
1087-1(d)) is amended to read as follows:
``(2) Amount of loan fees.--
``(A) In general.--Except as provided in
subparagraph (B), with respect to any loan made under
this part for which the first disbursement was made on
or after October 1, 1993, the amount of the loan fee
that shall be deducted under paragraph (1) shall be
equal to 0.50 percent of the principal amount of the
loan.
``(B) Consolidation loans.--With respect to any
loan made under section 428C on or after April 1, 2006,
the amount of the loan fee that shall be deducted under
paragraph (1) shall be equal to 1.0 percent of the
principal amount of the loan.''.
(2) Effective date.--The amendment made by paragraph (1)
shall apply with respect to any loan made, insured, or
guaranteed under part B of title IV of the Higher Education Act
of 1965 (20 U.S.C. 1071 et seq.) for which the first
disbursement is made on or after April 1, 2006.
SEC. 1016. ORIGINATION FEE.
Section 455(c) (20 U.S.C. 1087e(c)) is amended--
(1) by striking ``shall'' and inserting ``is authorized
to''; and
(2) by striking ``4.0 percent of the principal amount of
loan'' and inserting ``not less than 1 percent and not more
than 3 percent of the principal amount of the loan, except that
the Secretary shall charge the borrower of a Federal Direct
PLUS Loan an origination fee of 4.0 percent of the principal
amount of the loan. Beginning on July 1, 2007, the preceding
sentence shall be applied by substituting `2.5 percent' for `3
percent'''.
SEC. 1017. INCOME CONTINGENT REPAYMENT FOR PUBLIC SECTOR EMPLOYEES.
Section 455(e) (20 U.S.C. 1087e(e)) is amended by adding at the end
the following:
``(7) Repayment plan for public sector employees.--
``(A) In general.--The Secretary shall forgive the
balance due on any loan made under this part or section
428C(b)(5) for a borrower--
``(i) who has made 120 payments on such
loan pursuant to income contingent repayment;
and
``(ii) who is employed, and was employed
for the 10-year period in which the borrower
made the 120 payments described in clause (i),
in a public sector job.
``(B) Public sector job.--In this paragraph, the
term `public sector job' means a full-time job in
emergency management, government, public safety, law
enforcement, public health, education (including early
childhood education), or public interest legal services
(including prosecution or public defense).
``(8) Return to standard repayment.--A borrower who is
repaying a loan made under this part pursuant to income
contingent repayment may choose, at any time, to terminate
repayment pursuant to income contingent repayment and repay
such loan under the standard repayment plan.''.
SEC. 1018. FAMILY CONTRIBUTION FOR DEPENDENT STUDENTS.
(a) Amendments.--Section 475 (20 U.S.C. 1087oo) is amended--
(1) in subsection (g)(2)(D), by striking ``$2,200'' and
inserting ``$3,000''; and
(2) in subsection (h), by striking ``35'' and inserting
``20''.
(b) Effective Date.--The amendments made by subsection (a) shall
apply with respect to determinations of need for periods of enrollment
beginning on or after July 1, 2007.
SEC. 1019. FAMILY CONTRIBUTION FOR INDEPENDENT STUDENTS WITHOUT
DEPENDENTS OTHER THAN A SPOUSE.
(a) Amendments.--Section 476 (20 U.S.C.1087pp) is amended--
(1) in subsection (b)(1)(A)(iv)--
(A) in subclause (I), by striking ``$5,000'' and
inserting ``$6,050'';
(B) in subclause (II), by striking ``$5,000'' and
inserting ``$6,050''; and
(C) in subclause (III), by striking ``$8,000'' and
inserting ``$9,700''; and
(2) in subsection (c)(4), by striking ``35'' and inserting
``20''.
(b) Effective Date.--The amendments made by subsection (a) shall
apply with respect to determinations of need for periods of enrollment
beginning on or after July 1, 2007.
SEC. 1020. FAMILY CONTRIBUTION FOR INDEPENDENT STUDENTS WITH DEPENDENTS
OTHER THAN A SPOUSE.
(a) Amendment.--Section 477(c)(4) (20 U.S.C. 1087qq(c)(4)) is
amended by striking ``12'' and inserting ``7''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply with respect to determinations of need for periods of enrollment
beginning on or after July 1, 2007.
SEC. 1021. REGULATIONS; UPDATED TABLES.
Section 478(b) (20 U.S.C. 1087rr(b)) is amended--
(1) in paragraph (1), by adding at the end the following:
``For the 2007-2008 academic year, the Secretary shall revise
the tables in accordance with this paragraph, except that the
Secretary shall increase the amounts contained in the table in
section 477(b)(4) by a percentage equal to the greater of the
estimated percentage increase in the Consumer Price Index (as
determined under the preceding sentence) or 5 percent.''; and
(2) in paragraph (2), by striking ``2000-2001'' and
inserting ``2007-2008''.
SEC. 1022. SIMPLIFIED NEED TEST AND AUTOMATIC ZERO IMPROVEMENTS.
(a) Amendments.--Section 479 (20 U.S.C. 1087ss) is amended--
(1) in subsection (b)--
(A) in paragraph (1)--
(i) in subparagraph (A), by striking clause
(i) and inserting the following:
``(i) the student's parents--
``(I) file, or are eligible to
file, a form described in paragraph
(3);
``(II) certify that the parents are
not required to file a Federal income
tax return; or
``(III) received, or the student
received, benefits at some time during
the previous 12-month period under a
means-tested Federal benefit program as
defined under subsection (d); and'';
and
(ii) in subparagraph (B), by striking
clause (i) and inserting the following:
``(i) the student (and the student's
spouse, if any)--
``(I) files, or is eligible to 1
file, a form described in paragraph
(3);
``(II) certifies that the student
(and the student's spouse, if any) is
not required to file a Federal income
tax return; or
``(III) received benefits at some
time during the previous 12-month
period under a means-tested Federal
benefit program as defined under
subsection (d); and''; and
(B) in the matter preceding subparagraph (A) of
paragraph (3), by striking ``A student or family files
a form described in this subsection, or subsection (c),
as the case maybe, if the student or family,
respectively, files'' and inserting ``In the case of an
independent student, the student, or in the case of a
dependent student, the family, files a form described
in this subsection, or subsection (c), as the case may
be, if the student or family, as appropriate, files'';
(2) in subsection (c)--
(A) in paragraph (1)--
(i) by striking subparagraph (A) and
inserting the following:
``(A) the student's parents--
``(i) file, or are eligible to file, a form
described in subsection (b)(3);
``(ii) certify that the parents are not
required to file a Federal income tax return;
or
``(iii) received, or the student received,
benefits at some time during the previous 12-
month period under a means-tested Federal
benefit program as defined under subsection
(d); and''; and
(ii) by striking subparagraph (B) and
inserting the following:
``(B) the sum of the adjusted gross income of the
parents is less than or equal to $20,000; or''; and
(B) in paragraph (2)--
(i) by striking subparagraph (A) and
inserting the following:
``(A) the student (and the student's spouse, if
any)--
``(i) files, or is eligible to file, a form
described in subsection (b)(3);
``(ii) certifies that the student (and the
student's spouse, if any) is not required to
file a Federal income tax return; or
``(iii) received benefits at some time
during the previous 12-month period under a
means-tested Federal benefit program as defined
under subsection (d); and''; and
(ii) by striking subparagraph (B) and
inserting the following:
``(B) the sum of the adjusted gross income of the
student and spouse (if appropriate) is less than or
equal to $20,000.''; and
(3) by adding at the end the following:
``(d) Definitions.--In this section:
``(1) Means-tested federal benefit program.--In this
section, the term ``means-tested Federal benefit program''
means a mandatory spending program of the Federal Government,
other than a program under this title, in which eligibility for
the program's benefits, or the amount of such benefits, are
determined on the basis of income or resources of the
individual or family seeking the benefit, and may include such
programs as--
``(A) the supplemental security income program
under title XVI of the Social Security Act (42 U.S.C.
1381 et seq.);
``(B) the food stamp program under the Food Stamp
Act of 1977 (7 U.S.C. 2011 et seq.);
``(C) the free and reduced price school lunch
program established under the Richard B. Russell
National School Lunch Act (42 U.S.C. 1751 et seq.);
``(D) the program of block grants for States for
temporary assistance for needy families established
under part A of title IV of the Social Security Act (42
U.S.C. 601 et seq.);
``(E) the special supplemental nutrition program
for women, infants, and children established by section
17 of the Child Nutrition Act of 1966 (42 U.S.C. 1786);
and
``(F) other programs identified by the
Secretary.''.
(b) Evaluation of simplified needs test.--
(1) Eligibility guidelines.--The Secretary of Education
shall regularly evaluate the impact of the eligibility
guidelines in subsections (b)(1)(A)(i), (b)(1)(B)(i),
(c)(1)(A), and (c)(2)(A) of section 479 of the Higher Education
Act of 1965 (20 U.S.C. 1087ss(b)(1)(A)(i), (b)(1)(B)(i),
(c)(1)(A), and (c)(2)(A)).
(2) Means-tested federal benefit program.--For each 3-year
period, the Secretary of Education shall evaluate the impact of
including the receipt of benefits by a student or parent under
a means-tested Federal benefit program (as defined in section
479(d) of the Higher Education Act of 1965 (20 U.S.C.
1087ss(d)) as a factor in determining eligibility under
subsections (b) and (c) of section 479 of the Higher Education
Act of 1965 (20 U.S.C. 1087ss(b) and (c)).
SEC. 1023. LOAN FORGIVENESS FOR TEACHERS.
Section 3(b)(3) of the Taxpayer-Teacher Protection Act of 2004 (20
U.S.C. 1078-10 note) is amended by striking ``, and before October 1,
2005''.
SEC. 1024. EFFECTIVE DATE.
Except as otherwise provided in this part or the amendments made by
this part, the amendments made by this part shall take effect on July
1, 2006.
PART B--HURRICANE KATRINA HIGHER EDUCATION RECOVERY
SEC. 1051. SHORT TITLE.
This part may be cited as the ``Hurricane Katrina Higher Education
Recovery Act''.
SEC. 1052. DEFINITIONS.
In this part:
(1) Affected borrower.--The term ``affected borrower''
means an individual who--
(A) was in repayment, but not in deferment, on a
loan made, insured, or guaranteed under part B, D, or E
of the Higher Education Act of 1965 (20 U.S.C. 1071 et
seq., 1087a et seq., 1087aa et seq.) on August 22,
2005, or enters or entered repayment after August 22,
2005 and before June 30, 2006; and
(B)(i) lives or lived, as of August 22, 2005, in a
county or parish of Alabama, Louisiana, or
Mississippi--
(I) in which a major disaster has been
declared in accordance with section 401 of the
Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5170) as a
result of Hurricane Katrina; and
(II) which the President has determined
warrants individual assistance from the Federal
Government; or
(ii) worked, as of August 22, 2005, in a county or
parish described in clause (i).
(2) Affected institution.--
(A) In general.--The term ``affected institution''
means an institution of higher education, as defined in
section 101 or 102 of the Higher Education Act of 1965
(20 U.S.C. 1001, 1002), that--
(i) is located in an area in which a major
disaster has been declared in accordance with
section 401 of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act due to the
effects of Hurricane Katrina; and
(ii) is impacted by Hurricane Katrina.
(B) Length of time.--In determining eligibility for
assistance under this part, the Secretary, using
consistent, objective criteria, shall determine the
time period for which an institution of higher
education is an affected institution.
(C) Special rule.--An organizational unit of an
affected institution that is not impacted by Hurricane
Katrina shall not be considered as part of such
affected institution for purposes of receiving
assistance under this part.
(3) Affected student.--The term ``affected student'' means
a student who was enrolled on August 29, 2005 in an affected
institution.
(4) Distance education.--
(A) In general.--The term ``distance education''
means a course or program that uses 1 or more of the
technologies described in subparagraph (B) to--
(i) deliver instruction to students who are
separated from the instructor; and
(ii) support regular and substantive
interaction between the students and the
instructor, either synchronously or
asynchronously.
(B) Inclusions.--For the purposes of subparagraph
(A), the technologies used may include--
(i) the Internet;
(ii) one-way and two-way transmissions
through open broadcast, closed circuit, cable,
microwave, broadband lines, fiber optics,
satellite, or wireless communications devices;
(iii) audio conferencing; or
(iv) video cassette, DVDs, and CD-ROMs,
provided that they are used in a course in
conjunction with the technologies listed in
clauses (i) through (iii).
(5) Secretary.--The term ``Secretary'' means the Secretary
of Education.
SEC. 1053. WAIVER AUTHORITY AND MODIFICATIONS TO CERTAIN PROVISIONS OF
THE HIGHER EDUCATION ACT OF 1965.
(a) Waiver of Institutional Repayment.--Notwithstanding any other
provision of law, including requirements related to cash management, an
affected institution shall not be required to return any funds received
by the affected institution for, or on behalf of, its students under
subparts 1 and 3 of part A and parts B, C, D, and E of title IV of the
Higher Education Act of 1965 (20 U.S.C. 1070, 1070b et seq., 1071 et
seq., 1087a et seq., 1087aa et seq., 42 U.S.C. 2751 et seq.) during the
2005-2006 academic year.
(b) Waiver of Student Return of Assistance.--Notwithstanding any
other provision of law, an affected student who, as of the date of
enactment of this Act, received assistance under subpart 1 or 3 of part
A or parts B, C, D, or E of title IV of the Higher Education Act of
1965 for attendance at an affected institution of higher education
during the 2005-2006 academic year, shall not be required to return
such assistance.
(c) Affected Students Who Do Not Enroll in Another Institution and
Borrowers in Grace Periods or Deferment.--With respect to a loan made,
insured, or guaranteed under part B, D, or E of title IV of the Higher
Education Act of 1965 (20 U.S.C. 1071 et seq., 1087a et seq., 1087aa et
seq.)--
(1) an affected student who does not enroll in another
institution of higher education shall be retained in in-school
status during the period beginning on August 22, 2005, and
ending on June 30, 2006; and
(2) a borrower in a grace period or in deferment as of
August 22, 2005 who satisfies the requirement described in
clause (i) or clause (ii) of section 201(1)(B) shall be
retained in such status, without documentation or action by the
borrower, until June 30, 2006.
(d) Discharge or Cancellation of Loans.--The Secretary shall--
(1) discharge all loan amounts under parts B and D of title
IV of the Higher Education Act of 1965 (20 U.S.C. 1071 et seq.,
1087a et seq.) disbursed to, or on behalf of, an affected
student for attendance at an affected institution of higher
education during the 2005-2006 academic year;
(2) reimburse lenders for the purpose of discharging any
loan amounts disbursed to, or on behalf of, a student under
part B of title IV of the Higher Education Act of 1965 (20
U.S.C. 1071 et seq.), for attendance at an affected institution
of higher education during the 2005-2006 academic year; and
(3) cancel any loan under part E of title IV of the Higher
Education Act of 1965 (20 U.S.C. 1087aa et seq.) disbursed to a
student for attendance at an affected institution of higher
education during the 2005-2006 academic year.
(e) Aggregate and Annual Limits.--In the case of an affected
student, any grant or loan assistance under title IV of the Higher
Education Act of 1965 (20 U.S.C. 1070 et seq.) that such student
received, or was to have received, for a program of study at an
affected institution of higher education during the 2005-2006 academic
year shall not count against such student's annual or aggregate grant
or loan limits for receipt of aid under such title.
(f) Forbearance.--Notwithstanding the provisions of part B, D, or E
of title IV of the Higher Education Act of 1965 (20 U.S.C. 1071 et
seq., 1087a et seq., 1087aa et seq.), a lender, the Secretary, or an
institution of higher education is authorized to provide not more than
1 year of forbearance to an affected borrower without documentation.
(g) Professional Judgment.--A financial aid administrator shall be
considered to be making an adjustment in accordance with section
479A(a) of the Higher Education Act of 1965 (20 U.S.C. 1087tt(a)) if
the financial aid administrator makes the adjustment with respect to
the calculation of the expected student or parent contribution (or
both) for an affected student, or for a student or a parent who resides
or resided on August 22, 2005, or was employed on August 22, 2005, in
an area in which a major disaster has been declared in accordance with
section 401 of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act due to the effects of Hurricane Katrina. The financial
aid administrator shall adequately document the need for the
adjustment.
(h) Modification of Part A of Title II Grants Authorized.--The
Secretary is authorized to approve modifications to the requirements
for Teacher Quality Enhancement Grants for States and Partnerships
under part A of title II of the Higher Education Act of 1965 (20 U.S.C.
1021 et seq.), at the request of the grantee--
(1) to assist States and local educational agencies to
recruit and retain highly qualified teachers in a school
district located in an area in which a major disaster has been
declared in accordance with section 401 of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act due to
the effects of Hurricane Katrina; and
(2) to assist institutions of higher education, as defined
in section 101 of such Act (20 U.S.C. 1001), located in such
area to recruit and retain faculty necessary to prepare
teachers and provide professional development.
(i) Waiver Authority To Modify Authorized Uses of TRIO, GEAR-UP,
Part A or B of Title III, and Other Grants.--The Secretary is
authorized to modify the required and allowable uses of funds under
chapters 1 and 2 of subpart 2 of part A of title IV of the Higher
Education Act of 1965 (20 U.S.C. 1070a et seq., 1070a-21 et seq.),
under part A or B of title III (20 U.S.C. 1057 et seq., 1060 et seq.),
and under any other competitive grant program, at the request of an
affected institution or other grantee, with respect to affected
institutions and other grantees located in an area in which a major
disaster has been declared in accordance with section 401 of the Robert
T. Stafford Disaster Relief and Emergency Assistance Act due to the
effects of Hurricane Katrina.
(j) Authority To Extend or Waive Reporting Requirements Under
Section 131(a).--The Secretary is authorized to extend reporting
deadlines or waive reporting requirements under section 131(a) of the
Higher Education Act of 1965 (20 U.S.C. 1015(a)) for an affected
institution.
(k) Distance Education.--The Secretary may waive the restrictions
of subparagraphs (A) and (B) of section 102(a)(3) of the Higher
Education Act of 1965 (20 U.S.C. 1002(a)(3)(A) and (B)) with respect to
an institution of higher education, other than a foreign institution,
that offers education or training programs through distance education
and is otherwise eligible to participate in programs authorized under
title IV of such Act (20 U.S.C. 1070 et seq.), if such institution
exceeds such restrictions described in such subparagraphs due to the
enrollment of affected students.
SEC. 1054. GENERAL WAIVER AUTHORITY AND REQUIRED CONSULTATION.
(a) Waiver Authority.--
(1) In general.--Notwithstanding any other provision of
law, the Secretary may waive or modify any statutory provision
of the Higher Education Act of 1965 (20 U.S.C. 1001 et seq.) or
any regulation implementing such Act as the Secretary
determines necessary in connection with a major disaster that
has been declared in accordance with section 401 of the Robert
T. Stafford Disaster Relief and Emergency Assistance Act due to
the effects of Hurricane Katrina.
(2) Actions authorized.--In carrying out paragraph (1), the
Secretary is authorized to waive or modify any provision
described in paragraph (1) as the Secretary determines
necessary to ensure that--
(A) administrative requirements placed on affected
students, affected borrowers, institutions of higher
education, lenders, guaranty agencies and grantees are
minimized to the extent possible without impairing the
integrity of the higher education programs under the
Higher Education Act of 1965, to ease the burden on
such participants; or
(B) institutions of higher education, lenders,
guaranty agencies, and other entities participating in
the student financial assistance programs under title
IV of the Higher Education Act of 1965 (20 U.S.C. 1070
et seq.), that serve an area in which a major disaster
has been declared in accordance with section 401 of the
Robert T. Stafford Disaster Relief and Emergency
Assistance Act due to the effects of Hurricane Katrina,
may be granted temporary relief from requirements that
are rendered infeasible or unreasonable due to the
effects of Hurricane Katrina, including due diligence
requirements and reporting deadlines.
(b) Construction.--Nothing in this section shall be construed to
allow the Secretary to waive or modify any applicable statutory or
regulatory requirements prohibiting discrimination in a program or
activity, or in employment or contracting, under existing law (in
existence on the date of the Secretary's action).
(c) Consultation.--Prior to granting any waiver or modification
under this section, the Secretary shall consult with the Committee on
Health, Education, Labor, and Pensions and the Committee on
Appropriations of the Senate and the Committee on Education and the
Workforce and the Committee on Appropriations of the House of
Representatives with respect to waivers or modifications under this
section.
SEC. 1055. NOTICE OF WAIVERS, MODIFICATIONS, OR EXTENSIONS.
Notwithstanding section 437 of the General Education Provisions Act
(20 U.S.C. 1232) and section 553 of title 5, United States Code, the
Secretary shall make publicly available the waivers, modifications, or
extensions granted under section 1053 or 1054.
SEC. 1056. REGULATORY REQUIREMENTS INAPPLICABLE.
Sections 482(c) and 492 of the Higher Education Act of 1965 (20
U.S.C. 1089(c), 1098a), section 437 of the General Education Provisions
Act (20 U.S.C. 1232), and section 553 of title 5, United States Code,
shall not apply to this part.
SEC. 1057. DEPARTMENT OF EDUCATION INSPECTOR GENERAL AUDIT AND REPORT.
(a) In General.--The Inspector General of the Department of
Education (referred to in this section as the ``Inspector General'')
shall conduct an audit and investigation of each program carried out by
the Department of Education that includes response and recovery
activities related to Hurricane Katrina.
(b) Weekly Report.--Not less frequently than once a week, the
Inspector General shall provide a report to the Committee on Health,
Education, Labor, and Pensions and the Committee on Appropriations of
the Senate and the Committee on Education and the Workforce and the
Committee on Appropriations of the House of Representatives listing the
audits and investigations initiated pursuant to subsection (a).
(c) Status Report.--Not later than 6 months after the date of
enactment of this Act, and biannually thereafter until the audits and
investigations described in subsection (a) are complete, the Inspector
General shall report to the Committee on Health, Education, Labor, and
Pensions and the Committee on Appropriations of the Senate and the
Committee on Education and the Workforce and the Committee on
Appropriations of the House of Representatives on the full status of
the activities of the Inspector General under this section.
(d) Cooperative Ventures.--In carrying out this section, the
Inspector General is encouraged to enter into cooperative ventures with
Inspectors General of other Federal agencies.
SEC. 1058. SUNSET PROVISION.
Except as otherwise provided in this part, the provisions of this
part shall be effective for the period beginning on the date of
enactment of this Act and ending on September 30, 2006.
Calendar No. 300
109th CONGRESS
1st Session
S. 1614
_______________________________________________________________________
A BILL
To extend the authorization of programs under the Higher Education Act
of 1965, and for other purposes.
_______________________________________________________________________
November 17, 2005
Reported with an amendment