[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4137 Referred in Senate (RFS)]
2d Session
H. R. 4137
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 25, 2008
Received; read twice and referred to the Committee on Health,
Education, Labor, and Pensions
_______________________________________________________________________
AN ACT
To amend and extend 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,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``College
Opportunity and Affordability Act of 2008''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. References; Effective date.
TITLE I--TITLE I AMENDMENTS
Sec. 101. Definitions of institution of higher education.
Sec. 102. Additional definitions.
Sec. 103. Treatment of territories and territorial student assistance.
Sec. 104. National Advisory Committee on Institutional Quality and
Integrity.
``Sec. 114. National Advisory Committee on Institutional
Quality and Integrity.
Sec. 105. Drug and alcohol abuse prevention.
Sec. 106. Prior rights and obligations.
Sec. 107. Improved information concerning the Federal student financial
aid website.
Sec. 108. State commitment to affordable college education.
``Sec. 132. State commitment to affordable college education.
Sec. 109. Transparency in college tuition for consumers.
``Sec. 133. Transparency in college tuition for consumers.
Sec. 110. Textbook information.
``Sec. 134. Textbook information.
Sec. 111. Database of student information prohibited.
``Sec. 135. Database of student information prohibited.
Sec. 112. In-State tuition rates for members of the Armed Forces on
active duty and dependents.
``Sec. 136. In-State tuition rates for members of the Armed
Forces on active duty and dependents.
Sec. 113. Endowment Reporting.
``Sec. 137. Endowment Reporting.
Sec. 114. State higher education information system pilot program.
``Sec. 138. State higher education information system pilot
program.
Sec. 115. Institution and lender reporting and disclosure requirements.
``Part E--Lender and Institution Requirements Relating to Educational
Loans
``Sec. 151. Definitions.
``Sec. 152. Requirements for lenders and institutions
participating in preferred lender
arrangements.
``Sec. 153. Interest rate report for institutions and lenders
participating in preferred lender
arrangements.
``Sec. 154. Private educational loan disclosure requirements
for covered institutions.
``Sec. 155. Integrity provisions.
``Sec. 156. Compliance and enforcement.
``Sec. 157. Student loan counseling.
Sec. 116. Feasibility study for national electronic student loan
marketplace.
TITLE II--TITLE II REVISION
Sec. 201. Revision of title II.
``TITLE II--TEACHER QUALITY ENHANCEMENT
``Sec. 200. Definitions.
``Sec. 200A. Rule of Construction.
``Part A--Teacher Quality Partnership Grants
``Sec. 201. Purposes; Definitions.
``Sec. 202. Partnership grants.
``Sec. 203. Administrative provisions.
``Sec. 204. Accountability and evaluation.
``Sec. 205. Accountability for programs that prepare teachers.
``Sec. 206. Teacher development.
``Sec. 207. State functions.
``Sec. 208. General provisions.
``Sec. 209. Authorization of appropriations.
``Part B--Preparing Teachers for Digital Age Learners
``Sec. 221. Program authorized.
``Sec. 222. Uses of Funds.
``Sec. 223. Application requirements.
``Sec. 224. Evaluation.
``Sec. 225. Authorization of appropriations.
``Part C--Enhancing Teacher Education
``Sec. 240. Authorization of appropriations.
``subpart 1--recruiting teachers with math, science, or language majors
``Sec. 241. Program authorized.
``subpart 2--community colleges as partners in teacher education grants
``Sec. 251. Grants to community colleges.
``Sec. 252. Definitions.
``subpart 3--honorable augustus f. hawkins centers of excellence
``Sec. 261. Definitions.
``Sec. 262. Augustus F. Hawkins Centers of excellence.
``subpart 4--teach for america
``Sec. 271. Teach for America.
``subpart 5--early childhood education professional development and
career task force
``Sec. 281. Purpose.
``Sec. 282. Definition of early childhood education program.
``Sec. 283. Grants authorized.
``Sec. 284. State task force establishment.
``Sec. 285. State task force activities.
``Sec. 286. State application and report.
``Sec. 287. Evaluations.
``subpart 6--preparing general education teachers to more effectively
educate students with disabilities
``Sec. 291. Teach to Reach Grants.
Sec. 202. National Academy of Sciences study of best practices in
teacher preparation.
TITLE III--TITLE III AMENDMENTS
Sec. 301. Program purpose.
Sec. 302. Title III grants for American Indian Tribally Controlled
Colleges and Universities.
Sec. 303. Predominantly Black Institutions.
``Sec. 318. Predominantly Black Institutions.
Sec. 304. Assistance to Asian American and Native American Pacific
Islander-serving institutions.
``Sec. 319. Asian American and Native American Pacific
Islander-serving institutions.
Sec. 305. Native American-serving, nontribal institutions.
``Sec. 320. Native American-serving, nontribal institutions.
Sec. 306. Strengthening Historically Black Colleges and Universities.
Sec. 307. Endowment Challenge Grants.
Sec. 308. Historically Black College and University Capital Financing.
Sec. 309. Programs in STEM fields.
``subpart 2--programs in stem fields
``Sec. 355. YES Partnerships grant program.
``Sec. 356. Promotion of entry into STEM fields.
``Sec. 357. Evaluation and Accountability Plan.
Sec. 310. Technical assistance.
Sec. 311. Waiver authority.
Sec. 312. Authorization of appropriations.
Sec. 313. Technical corrections.
TITLE IV--TITLE IV AMENDMENTS
Part A--PART A AMENDMENTS
Sec. 401. Federal Pell Grants.
Sec. 402. Federal TRIO Programs.
Sec. 403. GEARUP Amendments.
Sec. 404. Academic Achievement Incentive Scholarships.
Sec. 405. Federal Supplemental Educational Opportunity Grants.
Sec. 406. Grants for access and persistence.
``Sec. 415E. Grants for access and persistence.
Sec. 407. Special programs for students whose families are engaged in
migrant and seasonal farmwork.
Sec. 408. Robert C. Byrd Honors Scholarship Program.
``subpart 6--robert c. byrd american competitiveness program
``Sec. 419A. Robert C. Byrd mathematics and science honors
scholarship program.
``Sec. 419B. Mathematics and science incentive program.
``Sec. 419C. Foreign Language Partnerships.
``Sec. 419D. Adjunct Teacher Corps.
``Sec. 419E. Authorization of appropriations.
Sec. 409. Child care access means parents in school.
Sec. 410. Learning Anytime Anywhere Partnerships.
Sec. 411. TEACH Grants.
``Sec. 420P. Program evaluation.
Part B--Federal Family Education Loans
Sec. 421. Limitations on Amounts of Loans Covered by Federal Insurance.
Sec. 422. Federal Interest Subsidies.
Sec. 423. Student loan information.
Sec. 424. Voluntary flexible agreements.
Sec. 425. Grace period for graduate and professional student PLUS
loans.
Sec. 426. Consolidation loan disclosure.
Sec. 427. Extension of consolidation loan authority.
Sec. 428. Requirements for disbursement of student loans.
Sec. 429. Loan forgiveness for service in areas of national need.
``Sec. 428K. Loan forgiveness for service in areas of national
need.
Sec. 430. Loan repayment for civil legal assistance attorneys.
``Sec. 428L. Loan repayment for civil legal assistance
attorneys.
Sec. 431. Loan forgiveness for volunteer mentoring.
``Sec. 428M. Loan forgiveness for volunteer mentoring.
Sec. 432. Settlement of claims.
Sec. 433. Delinquency prevention, default aversion, and consumer
education information programs.
``Sec. 433A. Delinquency prevention, default aversion, and
consumer education information programs.
Sec. 434. Definition of eligible institution: participation rate index.
Sec. 434. Definition of eligible lender.
Sec. 435. Cohort default rates.
Sec. 436. Disability determinations.
Part C--College Work/Study
Sec. 441. Reauthorization.
Sec. 442. Additional funds for off-campus community service.
Sec. 443. Work Colleges.
Part D--Federal Direct Student Loans
Sec. 451. Reauthorization.
Sec. 452. Public service job definition.
Sec. 453. Identity fraud protection.
Sec. 454. No accrual of interest for active duty service members.
Sec. 455. Direct loan program audit and reporting requirements.
Part E--Perkins Loans
Sec. 461. Extension of authority.
Sec. 462. Allowance for books and supplies.
Sec. 463. Agreements with institutions.
Sec. 464. Perkins loan terms and conditions.
Sec. 465. Cancellation for public service.
Sec. 466. Sense of Congress regarding Perkins Loans.
Part F--Need Analysis
Sec. 471. Cost of attendance.
Sec. 472. Discretion to make adjustments for nursing home expenses.
Sec. 473. Definitions.
Sec. 474. Use of most recent tax information in need analysis.
Part G--General Provisions
Sec. 481. Compliance calendar.
Sec. 482. Improvements to paper and electronic forms and processes.
Sec. 483. Increasing access to technology.
Sec. 484. Sense of the Congress.
Sec. 485. Student eligibility.
Sec. 486. Assessment of costs and other charges.
Sec. 487. Readmission requirements for servicemembers.
Sec. 488. Institutional and financial assistance information for
students.
Sec. 489. Articulation agreements.
``Sec. 486A. Articulation agreements.
Sec. 490. Program participation agreements.
Sec. 491. Regulatory relief and improvement.
Sec. 492. Transfer of allotments.
Sec. 493. Advisory Committee on Student Financial Assistance.
Sec. 494. Negotiated rulemaking.
Sec. 495. Technical amendment.
Sec. 495A. Campus-based digital theft prevention.
``Sec. 494. Campus-based digital theft prevention.
Part H--Program Integrity
Sec. 496. Recognition of accrediting agency or association.
Sec. 497. Accreditation Ombudsman.
``Sec. 497. Accreditation Ombudsman.
Sec. 498. Program review and data.
Sec. 499. Competitive loan auction pilot program evaluation.
TITLE V--TITLE V AMENDMENTS
Sec. 501. Postbaccalaureate opportunities for Hispanic Americans.
``Part B--Promoting Postbaccalaureate Opportunities for Hispanic
Americans
``Sec. 511. Purposes.
``Sec. 512. Program authority and eligibility.
``Sec. 513. Authorized activities.
``Sec. 514. Application and duration.
TITLE VI--TITLE VI AMENDMENTS
Sec. 601. International and foreign language studies.
Sec. 602. Business and international education programs.
Sec. 603. Institute for International Public Policy.
``Sec. 621. Program for foreign service professionals.
Sec. 604. Preparing for early foreign language instruction.
``Part D--PREPARING FOR EARLY FOREIGN LANGUAGE INSTRUCTION
``Sec. 631. Preparing for early foreign language instruction.
Sec. 605. Evaluation, outreach, and dissemination.
``Sec. 642. Evaluation, outreach, and dissemination.
Sec. 606. Student safety.
``Sec. 643. Student safety.
Sec. 607. Science and technology advanced foreign language education
grant program.
``Sec. 644. Science and technology advanced foreign language
education grant program.
Sec. 608. Reporting by Institutions.
``Sec. 645. Reporting by Institutions.
Sec. 609. Federal foreign language education marketing campaign.
TITLE VII--TITLE VII AMENDMENTS
Sec. 701. Javits fellowship program.
Sec. 702. Graduate assistance in areas of national need.
Sec. 703. Thurgood Marshall legal educational opportunity program.
Sec. 704. Patsy T. Mink Fellowship program.
``subpart 4--patsy t. mink fellowship program
``Sec. 722. Patsy T. Mink Fellowships.
Sec. 705. Masters Degrees Programs at Historically Black Colleges and
Universities and Other Minority Serving
Institutions.
``subpart 5--masters degrees programs at historically black colleges
and universities and other minority serving institutions
``Sec. 723. Grants to Academic Departments and Programs at
Eligible Institutions.
Sec. 706. Fund for the improvement of postsecondary education.
Sec. 707. Urban-serving research universities.
``Part C--Urban-Serving Research Universities
``Sec. 751. Purpose; program authorized.
``Sec. 752. Application for urban-serving research university
grants.
``Sec. 753. Allowable activities.
``Sec. 754. Definitions.
``Sec. 755. Authorization of appropriations.
Sec. 708. Programs to ensure students with disabilities receive a
quality higher education.
``subpart 1--quality higher education
``subpart 2--national technical assistance center; commission on
accessible materials; programs to support improved access to materials
``Sec. 766. National Center.
``Sec. 766A. Establishment of advisory commission on accessible
instructional materials in postsecondary
education for students with disabilities.
``Sec. 766B. Model demonstration programs to support improved
access to postsecondary instructional
materials for students with print
disabilities.
``Sec. 766C. Authorization of appropriations.
``subpart 3--transition programs for students with intellectual
disabilities into higher education; coordinating center
``Sec. 767. Purpose.
``Sec. 768. Definitions.
``Sec. 769. Model comprehensive transition and postsecondary
programs for students with intellectual
disabilities.
``Sec. 770. Coordinating center for technical assistance,
evaluation, and development of standards.
``Sec. 770A. Authorization of appropriations.
Sec. 709. Subgrants to nonprofit organizations.
Sec. 710. Nursing education.
``Part F--Nursing Education
``Sec. 776. Additional capacity for R.N. students or graduate-
level nursing students.
``Sec. 777. Nurse Faculty Pilot Project.
Sec. 711. National study on higher education access and success for
students with disabilities.
TITLE VIII--ADDITIONAL PROGRAMS
Sec. 801. Additional programs.
``TITLE VIII--ADDITIONAL PROGRAMS
``Sec. 800. Authorization of appropriations.
``Part A--Low Tuition
``Sec. 801. Incentives and rewards for low tuition.
``Part B--Cooperative Education
``Sec. 811. Statement of purpose; definition.
``Sec. 812. Reservations.
``Sec. 813. Grants for cooperative education.
``Sec. 814. Demonstration and innovation projects; training and
resource centers; and research.
``Part C--College Partnership Grants
``Sec. 821. College Partnership Grants Authorized.
``Part D--Student Success Grants
``Sec. 826. Student success grants.
``Part E--Jobs to Careers
``Sec. 831. Grants to create bridges from jobs to careers.
``Part F--Project GRAD
``Sec. 836. Project GRAD.
``Part G--Improving College Enrollment by Secondary Schools
``Sec. 841. Improving college enrollment by secondary schools.
``Part H--Diploma Mill Prevention
``Sec. 851. Purpose; Definitions.
``Sec. 852. Recognized accrediting agencies and institutions.
``Sec. 853. Accrediting agencies.
``Sec. 854. Task Force.
``Sec. 855. Sense of the Congress regarding use by States of
the Federal Plan as guidelines.
``Sec. 856. Unfair and deceptive acts and practices regarding
diplomas and professional certifications.
``Part I--Student Safety and Campus Emergency Management
``Sec. 861. Student safety and campus emergency management.
``Sec. 862. Model emergency response policies, procedures, and
practices.
``Sec. 863. Preparation for future disasters plan by the
Secretary.
``Sec. 864. Education disaster and emergency relief loan
program.
``Sec. 865. Guidance on mental health disclosures for student
safety.
``Part J--Rural Development Grants for Rural Colleges and Universities
``Sec. 871. Purpose.
``Sec. 872. Definitions.
``Sec. 873. Ensuring college access for rural high school
graduates.
``Sec. 874. Economic development partnerships.
``Sec. 875. Quality of life in rural areas.
``Sec. 876. Allocation of appropriations.
``Part K--Improving Science, Technology, Engineering, and Mathematics
Education With a Focus on Alaska Native and Native Hawaiian Students
``Sec. 880. Improving science, technology, engineering, and
mathematics education with a focus on
Alaska Native and Native Hawaiian students.
``Part L--National Database on Financial Assistance For Study of
Science, Technology, Engineering, and Mathematics
``Sec. 881. National Database on Financial Assistance For Study
of Science, Technology, Engineering, and
Mathematics.
``Part M--Training for Realtime Writers
``Sec. 882. Program to promote training and job placement of
realtime writers.
``Part N--Centers of Excellence for Veteran Student Success
``Sec. 883. Model Programs for Centers of Excellence for
Veteran Student Success.
``Part O--University Sustainability Programs
``subpart 1--sustainability planning grants
``Sec. 884. Grants authorized.
``subpart 2--summit on sustainability
``Sec. 885. Summit on sustainability.
``Part P--Modeling and Simulation Programs
``Sec. 886. Modeling and Simulation.
``Part Q--Business Workforce Partnerships
``Sec. 887. Grants to create business workforce partnerships.
``Part R--Path to Success Program
``Sec. 887. Path to Success.
Sec. 802. Sense of the Congress; report.
Sec. 803. Independent evaluation of distance education programs.
Sec. 804. Encouraging colleges and universities to ``go green''.
Sec. 805. Study of costs of environmental, health, and safety
standards.
Sec. 806. Study of minority male academic achievement.
Sec. 807. Study on bias in standardized tests.
Sec. 808. Feasibility study on student loans.
Sec. 809. Endowment report.
Sec. 810. Study of Correctional Postsecondary Education.
Sec. 811. National Undergraduate Fellows Program.
Sec. 812. National Center for Learning Science and Technology Trust
Fund.
Sec. 813. GAO Study of education related indebtedness of medical school
graduates.
Sec. 814. Study on Regional Sensitivity in the Needs Analysis Formula.
Sec. 815. Dyslexia Study.
Sec. 816. Study and report on borrower repayment plans.
Sec. 817. Nursing school capacity.
Sec. 818. Study of the impact of student loan debt on public service.
Sec. 819. Federal regulation of higher education report.
Sec. 820. Study of aid to less-than-half-time students.
Sec. 821. Establishment of pilot program for course material rental.
TITLE IX--AMENDMENTS TO OTHER LAWS
Part A--Education of the Deaf Act of 1986
Sec. 901. Laurent Clerc National Deaf Education Center.
Sec. 902. Agreement with Gallaudet University.
Sec. 903. Agreement for the National Technical Institute for the Deaf.
Sec. 904. Audit.
Sec. 905. Reports.
Sec. 906. Monitoring, evaluation, and reporting.
Sec. 907. Liaison for educational programs.
Sec. 908. Federal endowment programs for Gallaudet University and the
National Technical Institute for the Deaf.
Sec. 909. Oversight and effect of agreements.
Sec. 910. International students.
Sec. 911. Research priorities.
Sec. 912. National study on the education of the deaf.
Sec. 913. Authorization of appropriations.
Part B--INDIAN EDUCATION
subpart 1--tribal colleges and universities
Sec. 921. Reauthorization of the Tribally Controlled College or
University Assistance Act of 1978.
``Sec. 105. Technical assistance contracts.
``TITLE V--TRIBALLY CONTROLLED POSTSECONDARY CAREER AND TECHNICAL
INSTITUTIONS
``Sec. 501. Definition of tribally controlled postsecondary
career and technical institution.
``Sec. 502. Tribally controlled postsecondary career and
technical institutions program.
``Sec. 503. Applicability of other laws.
``Sec. 504. Authorization of appropriations.
``Sec. 1. Short title.
subpart 2--navajo higher education
Sec. 931. Reauthorization of Navajo Community College Act.
Part C--Higher Education Amendments of 1998; Higher Education
Amendments of 1992
Sec. 941. Grants for training for incarcerated individuals.
``Part D--Grants for Training for Incarcerated Individuals
``Sec. 821. Grants for improved workplace and community
transition training for incarcerated
individuals.
Sec. 942. Underground railroad.
Sec. 943. Repeals of Expired and Executed Provisions.
Sec. 944. Olympic Scholarships.
Sec. 945. Establishment of Assistant Secretary for International and
Foreign Language Education.
``Sec. 207A. Office of international and foreign language
education.
Part D--Justice Department Programs
Sec. 951. Loan repayment for prosecutors and defenders.
``Part JJ--Loan Repayment for Prosecutors and Public Defenders
``Sec. 3111. Grant authorization.
Sec. 952. National center for campus public safety.
Sec. 953. Private loan forgiveness.
Part E--Stevenson-Wydler Technology Innovation Act of 1980
Sec. 961. Establishment of Program.
Sec. 962. Authorization of appropriations.
TITLE X--PRIVATE STUDENT LOAN TRANSPARENCY AND IMPROVEMENT
Sec. 1001. Short title.
Sec. 1002. Definitions.
Sec. 1003. Regulations.
Sec. 1004. Effective dates.
Subtitle A--Preventing Unfair and Deceptive Private Educational Lending
Practices and Eliminating Conflicts of Interest
Sec. 1011. Amendment to the Truth in Lending Act.
``Sec. 140. Preventing unfair and deceptive private
educational lending practices and
eliminating conflicts of interest.
Sec. 1012. Civil liability.
Subtitle B--Improved Disclosures for Private Educational Loans
Sec. 1021. Private educational loan disclosures and limitations.
Sec. 1022. Application of Truth in Lending Act to all private
educational loans.
Subtitle C--Financial Literacy
Sec. 1031. Coordinated education efforts.
Subtitle D--Study and Report on Nonindividual Information
Sec. 1041. Study and report on nonindividual information.
Subtitle E--Incentives For Low-Cost Educational Loans
Sec. 1051. CRA credit for low-cost educational loans.
SEC. 2. REFERENCES; EFFECTIVE DATE.
(a) References.--Except as otherwise expressly provided therein,
whenever in this Act an amendment or repeal is expressed in terms of an
amendment to, or repeal of, a section or other provision, the reference
shall be considered to be made to a section or other provision of the
Higher Education Act of 1965 (20 U.S.C. 1001 et seq.).
(b) Effective Date.--Except as otherwise provided in this Act or
the amendments made by this Act, the amendments made by this Act shall
be effective on the date of enactment of this Act.
TITLE I--TITLE I AMENDMENTS
SEC. 101. DEFINITIONS OF INSTITUTION OF HIGHER EDUCATION.
(a) Degree Programs.--Section 101 (20 U.S.C. 1001) is amended--
(1) in subsection (a)(1), by inserting before the semicolon
the following: ``, or persons who meet the requirements of
section 484(d)(3)'';
(2) in subsection (a)(3), by inserting ``, or awards a
degree that is acceptable for admission to a graduate or
professional degree program, subject to review and approval by
the Secretary'' after ``such a degree''; and
(3) by striking subsection (b)(2) and inserting the
following:
``(2) a public or nonprofit private educational institution
in any State that, in lieu of the requirement in subsection
(a)(1), admits as regular students persons--
``(A) who are beyond the age of compulsory school
attendance in the State in which the institution is
located; or
``(B) who will be dually or concurrently enrolled
in the institution and a secondary school.''.
(b) International Medical Schools.--Section 102(a)(2)(A) (20 U.S.C.
1002(a)(2)(A)) is amended--
(1) in the first sentence, by inserting ``nursing school,''
after ``graduate medical school,'';
(2) in clause (i)--
(A) by striking ``or'' at the end of subclause (I);
and
(B) by striking subclause (II) and inserting the
following new subclauses:
``(II) the institution has or had a
clinical training program that was
approved by a State as of January 1,
1992, and continues to operate a
clinical training program in at least
one State, which is approved by that
State; or
``(III) the institution--
``(aa) has a clinical
training program that was
approved by a State before
January 1, 2008;
``(bb) certifies only
unsubsidized Stafford or PLUS
loans under part B of title IV
to graduate and professional
students attending the
institution; and
``(cc) agrees to reimburse
the Secretary for the cost of
any loan defaults for students
included in the institution's
cohort default rate during the
previous fiscal year; or''; and
(3) by striking the period at the end of clause (ii) and
inserting ``; or''; and
(4) by adding at the end the following new clause:
``(iii) in the case of a nursing school
located outside of the United States, the
institution--
``(I) has agreements with hospitals
or eligible nursing schools located in
the United States that include
provisions for students to complete
their clinical training at such
hospitals and eligible nursing schools;
``(II) certifies only unsubsidized
Stafford and PLUS loans under part B of
title IV for students attending the
institution; and
``(III) agrees to reimburse the
Secretary for the cost of any loan
defaults to the extent that the
institution's cohort default rate
exceeds 5 percent.''.
(c) Conforming Amendment Concerning 90/10 Enforcement.--Section
102(b)(1) (20 U.S.C. 1002(b)(1)) is amended--
(1) by adding ``and'' after the semicolon in subparagraph
(D);
(2) by striking ``; and'' and inserting a period in
subparagraph (E); and
(3) by striking subparagraph (F).
(d) Additional Institutions.--Section 102 (20 U.S.C. 1002) is
further amended--
(1) by striking subsection (b)(2) and inserting the
following:
``(2) Additional institutions.--The term `proprietary
institution of higher education' also includes a proprietary
educational institution in any State that, in lieu of the
requirement in section 101(a)(1), admits as regular students
individuals--
``(A) who are beyond the age of compulsory school
attendance in the State in which the institution is
located; or
``(B) who will be dually or concurrently enrolled
in the institution and a secondary school.''; and
(2) by striking subsection (c)(2) and inserting the
following:
``(2) Additional institutions.--The term `postsecondary
vocational institution' also includes an educational
institution in any State that, in lieu of the requirement in
section 101(a)(1), admits as regular students individuals--
``(A) who are beyond the age of compulsory school
attendance in the State in which the institution is
located; or
``(B) who will be dually or concurrently enrolled
in the institution and a secondary school.''.
SEC. 102. ADDITIONAL DEFINITIONS.
(a) Amendment.--Section 103 (20 U.S.C. 1003) is amended--
(1) by adding at the end the following new paragraphs:
``(17) Authorizing committees.--The term `authorizing
committees' means the Committee on Health, Education, Labor,
and Pensions of the Senate and the Committee on Education and
Labor of the House of Representatives.
``(18) Critical foreign language.--Except as otherwise
provided, the term `critical foreign language' means each of
the languages contained in the list of critical languages
designated by the Secretary in the Federal Register on August
2, 1985 (50 Fed. Reg. 149, 31412; promulgated under the
authority of section 212(d) of the Education for Economic
Security Act (repealed by section 2303 of the Augustus F.
Hawkins-Robert T. Stafford Elementary and Secondary School
Improvement Amendments of 1988)); as updated by the Secretary
from time to time and published in the Federal Register, except
that in the implementation of this definition with respect to a
specific title, the Secretary may set priorities according to
the purposes of such title and the national security, economic
competitiveness, and educational needs of the United States.
``(19) Disconnected students.--The term `disconnected
students' means students who are--
``(A) homeless children and youths, as such term is
defined in section 725 of the McKinney-Vento Homeless
Assistance Act (42 U.S.C. 11434a);
``(B) orphans, in foster care, or wards of the
court, or who were in foster care or were wards of the
court until the students reached the age of 16;
``(C) adjudicated or convicted juveniles, or who
were adjudicated juveniles until the juveniles reached
the upper age of juvenile court jurisdiction, or who
were convicted juveniles who completed the sentence for
the juvenile conviction prior to reaching the age of
majority; or
``(D) pregnant or parenting youth.
``(20) Distance education.--
``(A) In general.--Except as otherwise provided,
the term `distance education' means education that uses
1 or more of the technologies described in subparagraph
(B)--
``(i) to deliver instruction to students
who are separated from the instructor; and
``(ii) to support regular and substantive
interaction between the students and the
instructor, synchronously or asynchronously.
``(B) Inclusions.--For the purposes of subparagraph
(A), the technologies used may include--
``(i) the Internet;
``(ii) one-way and two-way transmissions
through open broadcast, closed circuit, cable,
microwave, broadband lines, fiber optics,
satellite, or wireless communications devices;
``(iii) audio conferencing; or
``(iv) video cassette, DVDs, and CD-ROMs,
if the cassette, DVDs, and CD-ROMs are used in
a course in conjunction with the technologies
listed in clauses (i) through (iii).
``(21) High-need school.--Except with respect to title II,
the term `high-need school' means a public or nonprofit private
elementary or secondary school which is in a local educational
agency which is eligible for assistance pursuant to title I of
the Elementary and Secondary Education Act of 1965 in the
applicable fiscal year, and which for the purpose of this
paragraph and for that year was determined by the Secretary
(pursuant to regulations and after consultation with the State
educational agency of the State in which the school is located)
to be a school in which the enrollment of children counted
under section 1113(a)(5) of the Elementary and Secondary
Education Act of 1965 exceeds 30 percent of the total
enrollment of that school.
``(22) Limited english proficient.--The term `limited
English proficient' has the meaning given such term in section
9101 of the Elementary and Secondary Education Act of 1965.
``(23) Universal design.--The term `universal design' means
a concept or philosophy for designing and delivering products
and services that are usable by people with the widest possible
range of functional capabilities, which include products and
services that are directly accessible (without requiring
assistive technologies) and products and services that are
interoperable with assistive technologies.
``(24) Universal design for learning.--The term `universal
design for learning' means a research-based framework for
designing curriculum (including goals, methods, materials, and
assessments) that--
``(A) provides curricular flexibility in the ways
information is presented, in the ways students respond
or demonstrate knowledge, and in the ways students are
engaged; and
``(B) reduces barriers in instruction and
assessment, provides appropriate supports and
challenges, and maintains high achievement standards
for all students, including students with
disabilities.''; and
(2) by reordering paragraphs (1) through (16) and the
paragraphs added by paragraph (1) of this subsection in
alphabetical order based on the headings of such paragraphs,
and renumbering such paragraphs as so reordered.
(b) Conforming Amendments.--The Act (20 U.S.C. 1001 et seq.) is
amended--
(1) in section 131(a)(3)(B) (20 U.S.C. 1015(a)(3)(B)), by
striking ``Committee on Labor and Human Resources of the Senate
and the Committee on Education and the Workforce of the House
of Representatives'' and inserting ``authorizing committees'';
(2) in section 141(d)(4)(B) (20 U.S.C. 1018(d)(4)(B)), by
striking ``Committee on Education and the Workforce of the
House of Representatives and the Committee on Labor and Human
Resources of the Senate'' and inserting ``authorizing
committees'';
(3) in section 401(f)(3) (20 U.S.C. 1070a(f)(3)), by
striking ``to the Committee on Appropriations'' and all that
follows through ``House of Representatives'' and inserting ``to
the Committee on Appropriations of the Senate, the Committee on
Appropriations of the House of Representatives, and the
authorizing committees'';
(4) in section 428 (20 U.S.C. 1078)--
(A) in subsection (c)(9)(K), by striking ``House
Committee on Education and the Workforce and the Senate
Committee on Labor and Human Resources'' and inserting
``authorizing committees'';
(B) in the matter following paragraph (2) of
subsection (g), by striking ``Committee on Labor and
Human Resources of the Senate and the Committee on
Education and the Workforce of the House of
Representatives'' and inserting ``authorizing
committees''; and
(C) in subsection (n)(4), by striking ``Committee
on Education and the Workforce of the House of
Representatives and the Committee on Labor and Human
Resources of the Senate'' and inserting ``authorizing
committees'';
(5) in section 428A(c) (20 U.S.C. 1078-1(c))--
(A) in the matter preceding subparagraph (A) of
paragraph (2), by striking ``Chairperson'' and all that
follows through ``House of Representatives'' and
inserting ``members of the authorizing committees'';
(B) in paragraph (3), by striking ``Chairperson''
and all that follows through ``House of
Representatives'' and inserting ``members of the
authorizing committees''; and
(C) in paragraph (5), by striking ``Chairperson''
and all that follows through ``House of
Representatives'' and inserting ``members of the
authorizing committees'';
(6) in section 432 (20 U.S.C. 1082)--
(A) in subsection (f)(1)(C), by striking ``the
Committee on Education and the Workforce of the House
of Representatives or the Committee on Labor and Human
Resources of the Senate'' and inserting ``either of the
authorizing committees''; and
(B) in the matter following subparagraph (D) of
subsection (n)(3), by striking ``Committee on Education
and the Workforce of the House of Representatives and
the Committee on Labor and Human Resources of the
Senate'' and inserting ``authorizing committees'';
(7) in section 437(c)(1) (20 U.S.C. 1087(c)(1)), by
striking ``Committee on Education and the Workforce of the
House of Representatives and the Committee on Labor and Human
Resources of the Senate'' and inserting ``authorizing
committees'';
(8) in section 439 (20 U.S.C. 1087-2)--
(A) in subsection (d)(1)(E)(iii), by striking
``advise the Chairman'' and all that follows through
``House of Representatives'' and inserting ``advise the
members of the authorizing committees'';
(B) in subsection (r)--
(i) in paragraph (3), by striking ``inform
the Chairman'' and all that follows through
``House of Representatives,'' and inserting
``inform the members of the authorizing
committees'';
(ii) in paragraph (5)(B), by striking
``plan, to the Chairman'' and all that follows
through ``Education and Labor'' and inserting
``plan, to the members of the authorizing
committees'';
(iii) in paragraph (6)(B)--
(I) by striking ``plan, to the
Chairman'' and all that follows through
``House of Representatives'' and
inserting ``plan, to the members of the
authorizing committees''; and
(II) by striking ``Chairmen and
ranking minority members of such
Committees'' and inserting ``members of
the authorizing committees'';
(iv) in paragraph (8)(C), by striking
``implemented to the Chairman'' and all that
follows through ``House of Representatives,
and'' and inserting ``implemented to the
members of the authorizing committees, and
to''; and
(v) in the matter preceding subparagraph
(A) of paragraph (10), by striking ``days to
the Chairman'' and all that follows through
``Education and Labor'' and inserting ``days to
the members of the authorizing committees'';
and
(C) in subsection (s)(2)--
(i) in the matter preceding clause (i) of
subparagraph (A), by striking ``Treasury and to
the Chairman'' and all that follows through
``House of Representatives'' and inserting
``Treasury and to the members of the
authorizing committees''; and
(ii) in subparagraph (B), by striking
``Treasury and to the Chairman'' and all that
follows through ``House of Representatives''
and inserting ``Treasury and to the members of
the authorizing committees'';
(9) in section 455(b)(8)(B) (20 U.S.C. 1087e(b)(8)(B)), by
striking ``Committee on Labor and Human Resources of the Senate
and the Committee on Education and the Workforce of the House
of Representatives'' and inserting ``authorizing committees'';
(10) in section 482(d) (20 U.S.C. 1089(d)), by striking
``Committee on Labor and Human Resources of the Senate and the
Committee on Education and Labor of the House of
Representatives'' and inserting ``authorizing committees'';
(11) in section 483(c) (20 U.S.C. 1090(c)), by striking
``Committee on Labor and Human Resources of the Senate and the
Committee on Education and the Workforce of the House of
Representatives'' and inserting ``authorizing committees'';
(12) in section 485 (20 U.S.C. 1092)--
(A) in subsection (f)(5)(A), by striking
``Committee on Education and the Workforce of the House
of Representatives and the Committee on Labor and Human
Resources of the Senate'' and inserting ``authorizing
committees''; and
(B) in subsection (g)(4)(B), by striking
``Committee on Education and the Workforce of the House
of Representatives and the Committee on Labor and Human
Resources of the Senate'' and inserting ``authorizing
committees'';
(13) in section 486 (20 U.S.C. 1093)--
(A) in subsection (e), by striking ``Committee on
Labor and Human Resources of the Senate and the
Committee on Education and the Workforce of the House
of Representatives'' and inserting ``authorizing
committees''; and
(B) in subsection (f)(3)--
(i) in the matter preceding clause (i) of
subparagraph (A), by striking ``Committee on
Labor and Human Resources of the Senate and the
Committee on Education and the Workforce of the
House of Representatives'' and inserting
``authorizing committees''; and
(ii) in the matter preceding clause (i) of
subparagraph (B), by striking ``Committee on
Labor and Human Resources of the Senate and the
Committee on Education and the Workforce of the
House of Representatives'' and inserting
``authorizing committees'';
(14) in section 487A(a)(5) (20 U.S.C. 1094a(a)(5)), by
striking ``Committee on Labor and Human Resources of the Senate
and the Committee on Education and the Workforce of the House
of Representatives'' and inserting ``authorizing committees'';
and
(15) in section 498B(d) (20 U.S.C. 1099c-2(d))--
(A) in paragraph (1), by striking ``Committee on
Labor and Human Resources of the Senate and the
Committee on Education and the Workforce of the House
of Representatives'' and inserting ``authorizing
committees''; and
(B) in paragraph (2), by striking ``Committee on
Labor and Human Resources of the Senate and the
Committee on Education and the Workforce of the House
of Representatives'' and inserting ``authorizing
committees''.
SEC. 103. TREATMENT OF TERRITORIES AND TERRITORIAL STUDENT ASSISTANCE.
Section 113 (20 U.S.C. 1011b) is amended--
(1) by striking ``treatment of territories and territorial
student assistance'' in the heading of such section and
inserting ``territorial waiver authority''; and
(2) by striking ``(a) Waiver Authority.--''; and
(3) by striking subsection (b).
SEC. 104. NATIONAL ADVISORY COMMITTEE ON INSTITUTIONAL QUALITY AND
INTEGRITY.
(a) Amendment.--Section 114 (20 U.S.C. 1011c) is amended to read as
follows:
``SEC. 114. NATIONAL ADVISORY COMMITTEE ON INSTITUTIONAL QUALITY AND
INTEGRITY.
``(a) Establishment.--There is established in the Department a
National Advisory Committee on Institutional Quality and Integrity (in
this section referred to as the `Committee') to assess the process of
accreditation and the institutional eligibility and certification of
such institutions under title IV.
``(b) Membership.--
``(1) In general.--The Committee shall have 18 members, of
which--
``(A) 6 members shall be appointed by the
Secretary;
``(B) 6 members shall be appointed by the Speaker
of the House of Representatives, 3 members on the
recommendation of the majority leader of the House of
Representatives, and 3 members on the recommendation of
the minority leader of the House of Representatives;
and
``(C) 6 members shall be appointed by the President
pro tempore of the Senate, 3 members on the
recommendation of the majority leader of the Senate,
and 3 members on the recommendation of the minority
leader of the Senate.
``(2) Qualifications.--Individuals shall be appointed as
members of the Committee--
``(A) on the basis of the individuals' experience,
integrity, impartiality, and good judgment;
``(B) from among individuals who are
representatives of, or knowledgeable concerning,
education and training beyond secondary education,
representing all sectors and types of institutions of
higher education (as defined in section 102); and
``(C) on the basis of the individuals' technical
qualifications, professional standing, and demonstrated
knowledge in the fields of accreditation and
administration in higher education.
``(3) Terms of members.--Except as provided in paragraph
(5), the term of office of each member of the Committee shall
be for 6 years, except that any member appointed to fill a
vacancy occurring prior to the expiration of the term for which
the member's predecessor was appointed shall be appointed for
the remainder of such term.
``(4) Vacancy.--A vacancy on the Committee shall be filled
in the same manner as the original appointment was made not
later than 90 days after the vacancy occurs. If a vacancy
occurs in a position to be filled by the Secretary, the
Secretary shall publish a Federal Register notice soliciting
nominations for the position not later than 30 days after being
notified of the vacancy.
``(5) Initial terms.--The terms of office for the initial
members of the Committee shall be--
``(A) 3 years for members appointed under paragraph
(1)(A);
``(B) 4 years for members appointed under paragraph
(1)(B); and
``(C) 6 years for members appointed under paragraph
(1)(C).
``(6) Chairperson.--The members of the Committee shall
select a chairperson from among the members.
``(c) Functions.--The Committee shall--
``(1) advise the Secretary with respect to establishment
and enforcement of the standards of accrediting agencies or
associations under subpart 2 of part H of title IV;
``(2) advise the Secretary with respect to the recognition
of a specific accrediting agency or association;
``(3) advise the Secretary with respect to the preparation
and publication of the list of nationally recognized
accrediting agencies and associations;
``(4) advise the Secretary with respect to the eligibility
and certification process for institutions of higher education
under title IV, together with recommendations for improvements
in such process;
``(5) advise the Secretary with respect to the relationship
between--
``(A) accreditation of institutions of higher
education and the certification and eligibility of such
institutions; and
``(B) State licensing responsibilities with respect
to such institutions;
``(6) take into consideration the complaints, and the
resolution of such complaints, received by the ombudsman
described in section 497 when advising the Secretary with
respect to the recognition of a specific accrediting agency or
association; and
``(7) carry out such other advisory functions relating to
accreditation and institutional eligibility as the Secretary
may prescribe by regulation.
``(d) Meeting Procedures.--
``(1) Schedule.--
``(A) Biannual meetings.--The Committee shall meet
not less often than twice each year, at the call of the
Chairperson.
``(B) Publication of date.--The Committee shall
submit the date and location of each meeting in advance
to the Secretary, and the Secretary shall publish such
information in the Federal Register not later than 30
days before the meeting.
``(2) Agenda.--
``(A) Establishment.--The agenda for a meeting of
the Committee shall be established by the Chairperson
and shall be submitted to the members of the Committee
upon notification of the meeting.
``(B) Opportunity for public comment.--The agenda
shall include, at a minimum, opportunity for public
comment during the Committee's deliberations.
``(3) Federal advisory committee act.--The provisions of
the Federal Advisory Committee Act (5 U.S.C. App.) shall apply
to the Committee, except that section 14 of such Act shall not
apply.
``(e) Limitation.--The Committee shall not recommend denial of an
application related to the recognition of an accrediting agency or
association for any reason other than a reason set forth in section
496.
``(f) Report and Notice.--
``(1) Notice.--The Secretary shall annually publish in the
Federal Register--
``(A) a list containing, for each member of the
Committee--
``(i) the member's name;
``(ii) the date of the expiration of the
member's term of office; and
``(iii) the individual described in
subsection (b)(1) who appointed the member; and
``(B) a solicitation of nominations for each
expiring term of office on the Committee of a member
appointed by the Secretary.
``(2) Report.--Not later than September 30 of each year,
the Committee shall make an annual report to the Secretary, the
authorizing committees, and the public. The annual report shall
contain--
``(A) a detailed summary of the agenda and
activities of, and the findings and recommendations
made by, the Committee during the preceding fiscal
year;
``(B) a list of the date and location of each
meeting during the preceding fiscal year;
``(C) a list of the members of the Committee and
appropriate contact information; and
``(D) a list of the functions of the Committee,
including any additional functions established by the
Secretary through regulation.
``(g) Termination.--The Committee shall terminate on September 30,
2012.''.
(b) Effective Date.--The amendment made by subsection (a) shall be
effective January 1, 2009.
SEC. 105. DRUG AND ALCOHOL ABUSE PREVENTION.
Section 120 (20 U.S.C. 1011i) is amended--
(1) in subsection (a)(2)--
(A) in subparagraph (A), by striking ``and'' after
the semicolon;
(B) by redesignating subparagraph (B) as
subparagraph (D); and
(C) by inserting after subparagraph (A) (as amended
by subparagraph (A) of this paragraph) the following:
``(B) determine the number of drug and alcohol-
related incidents and fatalities that--
``(i) occur on the institution's property
or as part of any of the institution's
activities; and
``(ii) are reported to the institution;
``(C) determine the number and type of sanctions
described in paragraph (1)(E) that are imposed by the
institution as a result of drug and alcohol-related
incidents and fatalities on the institution's property
or as part of any of the institution's activities;
and'';
(2) in subsection (e)(5), by striking ``1999'' and
inserting ``2009''; and
(3) by striking subsection (f).
SEC. 106. PRIOR RIGHTS AND OBLIGATIONS.
Section 121(a) (20 U.S.C. 1011j(a)) is amended--
(1) in paragraph (1), by striking ``1999 and for each of
the 4 succeeding fiscal years'' and inserting ``2009 and for
each succeeding fiscal year''; and
(2) in paragraph (2), by striking ``1999 and for each of
the 4 succeeding fiscal years'' and inserting ``2009 and for
each succeeding fiscal year''.
SEC. 107. IMPROVED INFORMATION CONCERNING THE FEDERAL STUDENT FINANCIAL
AID WEBSITE.
Section 131 (20 U.S.C. 1015) is amended by striking subsection (d)
and inserting the following:
``(d) Promotion of the Department of Education Federal Student
Financial Aid Website.--The Secretary--
``(1) shall display a link to the Federal student financial
aid website of the Department of Education in a prominent place
on the homepage of the Department of Education website; and
``(2) may use administrative funds available for the
Department's operations and expenses for the purpose of
advertising and promoting the availability of the Federal
student financial aid website.
``(e) Promotion of Availability of Information Concerning Student
Financial Aid Programs of Other Departments and Agencies.--
``(1) Availability of information.--Not later than 90 days
after the Secretary receives the information required under
paragraph (2), the Secretary shall ensure that the eligibility
requirements, application procedures, financial terms and
conditions, and other relevant information for each non-
departmental student financial assistance program are easily
accessible through the Federal student financial aid website
and are incorporated into the search matrix on such website in
a manner that permits students and parents to readily identify
the programs that are appropriate to their needs and
eligibility.
``(2) Agency response.--Each Federal department and agency
shall promptly respond to surveys or other requests for the
information required by paragraph (1), and shall identify for
the Secretary any non-departmental student financial assistance
program operated, sponsored, or supported by such Federal
department or agency.
``(3) Definition.--For purposes of this subsection, the
term `non-departmental student financial assistance program'
means any grant, loan, scholarship, fellowship, or other form
of financial aid for students pursuing a postsecondary
education that is--
``(A) distributed directly to the student or to the
student's account at on institution of higher
education; and
``(B) operated, sponsored, or supported by a
Federal department or agency other than the Department
of Education.''.
SEC. 108. STATE COMMITMENT TO AFFORDABLE COLLEGE EDUCATION.
Part C of title I (20 U.S.C. 1015) is amended by adding at the end
the following new section:
``SEC. 132. STATE COMMITMENT TO AFFORDABLE COLLEGE EDUCATION.
``(a) Maintenance of Effort Required.--A State shall provide--
``(1) for public institutions of higher education in such
State for any academic year beginning on or after July 1, 2008,
an amount which is equal to or greater than the average amount
provided for non-capital and non-direct research and
development expenses or costs by such State to such
institutions of higher education during the 5 most recent
preceding academic years for which satisfactory data are
available; and
``(2) for private institutions of higher education in such
State for any academic year beginning on or after July 1, 2008,
an amount which is equal to or greater than the average amount
provided for student financial aid for paying costs associated
with postsecondary education by such State to such institutions
during the 5 most recent preceding academic years for which
satisfactory data are available.
``(b) Waiver.--The Secretary shall waive the requirements of
subsection (a), if the Secretary determines that such a waiver would be
equitable due to exceptional or uncontrollable circumstances, such as a
natural disaster or a precipitous and unforseen decline in the
financial resources of a State or State educational agency, as
appropriate.
``(c) Violation of Maintenance of Effort.--Notwithstanding any
other provision of law, the Secretary shall withhold from any State
that violates subsection (a) and does not receive a waiver pursuant to
subsection (b) any amount that would otherwise be available to the
State under section 415E until such State has made significant efforts
to correct such violation.
``(d) Research Into Cost Containment Methods.--The Secretary is
authorized--
``(1) to identify methods of cost containment currently
utilized by institutions of higher education and systems of
such institutions, and research into other possible methods of
cost containment;
``(2) to disseminate--
``(A) the information obtained by such research to
such institutions and systems; and
``(B) other information concerning research that
has identified successful methods of cost containment;
``(3) to publicly recognize institutions of higher
education that are doing an effective job at cost containment;
and
``(4) to work together with such institutions and systems
to implement these methods.''.
SEC. 109. TRANSPARENCY IN COLLEGE TUITION FOR CONSUMERS.
(a) Amendment to Title I.--Part C of title I (20 U.S.C. 1015) is
amended by adding after section 132 (as added by section 108 of this
Act) the following new section:
``SEC. 133. TRANSPARENCY IN COLLEGE TUITION FOR CONSUMERS.
``(a) College Affordability and Transparency Lists.--Effective July
1, 2011, the Secretary shall annually update and make publicly
available on the College Navigator website, in a manner that is
sortable by State, the following lists:
``(1) A list of the top 5 percent of the institutions in
each category (as defined by subsection (b)) that have the
highest tuition and fees.
``(2) A list of the top 5 percent of the institutions in
each such category that have the lowest tuition and fees.
``(3) A list of the top 5 percent of the institutions in
each such category that have the largest increase, expressed as
a percentage change, in their tuition and fees over the most
recent three year period for which satisfactory data is
available.
``(b) Categories of Institutions.--The following categories shall
be used in compiling the information in subsection (a):
``(1) 4-year public institutions of higher education.
``(2) 4-year private, nonprofit institutions of higher
education.
``(3) 4-year private, for-profit institutions of higher
education.
``(4) 2-year public institutions of higher education.
``(5) 2-year private, nonprofit institutions of higher
education.
``(6) 2-year private, for-profit institutions of higher
education.
``(7) Less than 2-year public institutions of higher
education.
``(8) Less than 2-year private, nonprofit institutions of
higher education.
``(9) Less than 2-year private, for-profit institutions of
higher education.
``(10) All types of institutions described in paragraphs
(1) through (9).
``(c) Institution Reports.--If an institution of higher education
appears on the list described in subsection (a)(3), the institution or
a representative association designated by the institution shall submit
to the Secretary the following information:
``(1) A description of the factors contributing to the
increase in the institution's tuition and fees, including an
identification of the major areas in the institution's budget
with the greatest cost increases.
``(2) If determinations of tuition and fee increases are
not within the exclusive control of the institution, a
description of the agency or instrumentality of State
government or other entity that participates in such
determinations, and the authority exercised by such agency,
instrumentality, or entity.
``(d) Quality Efficiency Task Forces.--(1) Each institution that is
required to submit information by subsection (c) shall establish a
quality-efficiency task force to--
``(A) review the operations of such institution;
``(B) analyze institutional operating costs in comparison
with such costs at other institutions within the same category
of institutions;
``(C) identify areas where, in comparison with other
institutions in such category, the institution operates more
expensively to produce a similar result;
``(D) develop annual benchmarks for the institution to
reduce costs in areas identified under subparagraph (C);
``(E) conduct an in-depth analysis of such identified areas
for cost reduction opportunities; and
``(F) submit a report to the Secretary and the institution
on the results of the review and analysis conducted under this
subsection.
``(2) An institution of higher education that does not meet the
benchmarks established under paragraph (1)(D) shall provide to the
Secretary a detailed explanation of the reasons why the institution did
not meet such benchmarks.
``(e) Information to the Public.--The Secretary shall compile the
information submitted under subsections (c) and (d) and shall submit an
annual report summarizing such information to the authorizing
committees and publish such report on the College Navigator website.
``(f) Exemptions.--An institution shall not be placed on the list
required under subsection (a)(3) and shall not be subject to the
reporting in subsection (c) if, for the 3-year interval described in
subsection (a)(3) the institution meets the following criteria:
``(1) With respect to the category of institutions
described in subsection (b) to which the institution belongs,
the computed price of the institution is in the lowest quartile
of institutions within such category, as determined by the
Secretary, during the last year of such 3-year interval.
``(2) The dollar amount of the institution's increase in
its full price, as computed under subsection (a)(3), is less
than $500 for such 3-year interval.
``(g) State Higher Education Appropriations Chart.--The Secretary
shall annually report on the College Navigator website, in charts for
each State--
``(1) a comparison of--
``(A) the percentage change in State appropriations
per full-time equivalent student in each public
institution of higher education in the State for each
of the 5 most recent preceding academic years; to
``(B) the percentage change in tuition and fees for
each public institution of higher education in the
State for each of the 5 most recent preceding academic
years; and
``(2) the total amount of need-based and merit-based aid
provided by the State to full-time equivalent students
attending an institution of higher education in the State.
``(h) Availability of Net Price Information.--
``(1) Net price.--In this section, the term `net price'
means the average yearly tuition and fees actually charged to a
full-time undergraduate student receiving student aid at an
institution of higher education, after deduction of any
discounts and Federal and State aid, and any other
institutional aid, that reduce the full price of tuition and
fees at the institution, as determined in accordance with
regulations prescribed by the Secretary.
``(2) Net price calculator.--
``(A) Development.--Not later than 1 year after the
date of enactment of the College Opportunity and
Affordability Act of 2007, the Secretary shall, in
consultation with institutions of higher education,
develop a net price calculator to help students,
families, and consumers determine the net price of an
institution of higher education. The calculator shall
be developed in a manner that permits students to
determine an estimate of their individual net price of
attendance for an institution.
``(B) Use of net price calculator by
institutions.--Not later than 3 years after the date of
enactment of the College Opportunity and Affordability
Act of 2007, each institution of higher education that
receives Federal funds under this Act shall adopt and
make available for use on the institution's website the
net price calculator developed under subparagraph (A)
to help students, families, and other consumers
determine the net price of such institution of higher
education.
``(i) Postsecondary Education Price Indices.--Not later than 1 year
after the date of enactment of the College Opportunity and
Affordability Act of 2007, the Bureau of Labor Statistics, in
consultation with the Commissioner of Education Statistics and
representatives of institutions of higher education, shall develop, for
inclusion in the higher education pricing summary page required under
subsection (j)(3), postsecondary education price indices that
accurately reflect the annual change in tuition and fees for
undergraduate students in the categories of institutions described in
subsection (b). Such indices shall be updated annually. Prior to the
completion of the postsecondary education price indices, the Secretary
is authorized to use an alternative, comparable index or indices.
``(j) Consumer Cost Information.--
``(1) Information from institutions.--Not later than 1 year
after the date of enactment of the College Opportunity and
Affordability Act of 2007, the Secretary shall post on the
College Navigator website and make available to institutions of
higher education, students, families, and other consumers, in a
consumer-friendly manner, the following information about each
institution of higher education for the most recent academic
year for which the Secretary has available data:
``(A) A statement of the institution's mission and
specialties.
``(B) Total number of undergraduate students who
applied, were admitted, and enrolled at the
institution.
``(C) Where applicable, reading, writing,
mathematics, and combined scores on the SAT or ACT for
the middle 50 percent range of the institution's
freshman class.
``(D) Enrollment of full-time, part-time, and
transfer students at the institution, at the
undergraduate and (where applicable) graduate levels.
``(E) Percentage of male and female undergraduate
students enrolled at the institution.
``(F) Percentage of enrolled undergraduate students
from the State in which the institution is located,
from other States, and from other countries.
``(G) Percentage of enrolled undergraduate students
at the institution by race and ethnic background.
``(H) Percentage of enrolled undergraduate students
at the institution registered with the office of
disability services (or equivalent department) as
students with disabilities.
``(I) Retention rates for full-time and part-time
first-time, first-year undergraduate students enrolled
at the institution.
``(J) Average time to degree or certificate
completion for first-time, first-year undergraduate
students enrolled at the institution.
``(K) Percentage of enrolled undergraduate students
who graduate within 2 years (in the case of 2-year
institutions), and 4, 5, and 6 years (in the case of 2-
year and 4-year institutions), including by income
category, as defined in paragraph (4).
``(L) Number of students who obtained a certificate
or an associates, bachelors, masters, or doctoral
degree at the institution.
``(M) Undergraduate major areas of study with the
highest number of degrees awarded.
``(N) The student-faculty ratio, and number of
full-time, part-time, and adjunct faculty, and graduate
teaching and research assistants with instructional
responsibilities, at the institution.
``(O) Percentage of faculty at the institution with
the highest degree in their field.
``(P) Percentage change in total price in tuition
and fees and the net price for an undergraduate at the
institution in each of the 3 most recent preceding
academic years.
``(Q) Total average annual cost of tuition and
fees, room and board, and books and other related costs
for an undergraduate student enrolled at the
institution, for--
``(i) full-time undergraduate students
living on campus;
``(ii) full-time undergraduate students
living off campus; and
``(iii) in the case of students attending a
public institution of higher education, such
costs for in-State and out-of-State students
living on and off campus.
``(R) Average annual grant amount (including
Federal, State, and institutional aid) broken down by
income category as defined in paragraph (4) for a
student enrolled at the institution.
``(S) Average annual amount of Federal student
loans, and other loans provided through the
institution, to undergraduate students enrolled at the
institution.
``(T) Total annual grant aid available to
undergraduate students enrolled at the institution,
from the Federal Government, a State, the institution,
and other sources.
``(U) Percentage of undergraduate students enrolled
at the institution receiving Federal, State, and
institutional grants, student loans, and any other type
of student financial assistance provided publicly or
through the institution, such as Federal work-study
funds.
``(V) Number of students receiving Federal Pell
Grants at the institution.
``(W) Average net price of the institution
calculated for each income category, as defined in
paragraph (4), for each of the 3 most recent preceding
academic years.
``(X) Percentage of first-year undergraduate
students enrolled at the institution who live on campus
and off campus.
``(Y) The institution's cohort default rate, as
defined under section 435(m).
``(Z) Information on the policies of the
institution related to transfer of credit from other
institutions.
``(AA) Information on campus safety required to be
collected under section 485(f).
``(BB) Links to the appropriate sections of the
institution's website that provide information on
student activities offered by the institution, such as
intercollegiate sports, student organizations, study
abroad opportunities, intramural and club sports,
specialized housing options, community service
opportunities, cultural and arts opportunities on
campus, religious and spiritual life on campus, and
lectures and outside learning opportunities.
``(CC) Links to the appropriate sections of the
institution's website that provide information on
services offered by the institution to students during
and after college, such as internship opportunities,
career and placement services, and preparation for
further education.
``(2) Data collection.--The Commissioner of Education
Statistics shall continue to redesign the relevant parts of the
Integrated Postsecondary Education Data System to include
additional data as required by this subsection and to continue
to improve the usefulness and timeliness of data collected by
such System in order to inform consumers about institutions of
higher education.
``(3) Higher education pricing summary page.--The Secretary
shall make publicly available on an annual basis, in a sortable
and searchable electronic format on the College Navigator
website, a list of all institutions of higher education
participating in aid programs under title IV of this Act that
includes for each such institution:
``(A) The undergraduate tuition and fees for the
upcoming academic year.
``(B) The average annual net price by income
category, as defined in paragraph (4), over the 3 most
recent preceding academic years.
``(C) The average annual percentage change and
dollar change in such institution's tuition and fees
over the 3 most recent preceding academic years.
``(D) The average annual percentage change and
dollar change in such institution's per student
instructional spending over the 3 most recent preceding
academic years.
``(E) The difference between the average annual
percentage change in such institution's tuition and
fees over the 3 most recent preceding academic years
and the postsecondary education price indices, as
defined in subsection (i).
``(F) A link to the institution information on the
College Navigator website, as detailed in paragraph
(1).
``(4) Income categories.--
``(A) In general.--For purposes of reporting the
information required under this subsection and
compiling information for the net price calculator, the
following income categories shall apply:
``(i) $0-35,000;
``(ii) $35,001-70,000;
``(iii) $70,001-105,000;
``(iv) $105,001-140,000; and
``(v) $140,000 and up.
``(B) Annual adjustment.--The Secretary shall make
available to all institutions of higher education
participating in an aid program under title IV of this
Act, on an annual basis, the annual inflation
adjustment for the income categories set forth in
subparagraph (A).
``(C) Impracticable reporting exemption.--An
institution that is required by this subsection to
report any information pertaining to institutional aid
by income category is not required to report such
information to the extent that reporting such
information by income category is impractical or
impossible because information concerning income is not
collected from the recipients of such institutional
aid.
``(k) Student Aid Recipient Survey.--
``(1) Survey required.--The Secretary shall conduct a
survey of student aid recipients under title IV on a regular
cycle and State-by-State basis, but not less than once every 4
years--
``(A) to identify the population of students
receiving Federal student aid;
``(B) to describe the income distribution and other
socioeconomic characteristics of federally aided
students;
``(C) to describe the combinations of aid from
State, Federal, and private sources received by
students from all income groups;
``(D) to describe the debt burden of educational
loan recipients and their capacity to repay their
education debts, and the impact of such debt burden on
career choices;
``(E) to describe the role played by the price of
postsecondary education in the determination by
students of what institution to attend; and
``(F) to describe how the increased costs of
textbooks and other instructional materials affects the
costs of postsecondary education to students.
``(2) Survey design.--The survey shall be representative of
full-time and part-time, undergraduate, graduate, professional,
and current and former students in all types of institutions,
and designed and administered in consultation with the Congress
and the postsecondary education community.
``(3) Dissemination.--The Commissioner of Education
Statistics shall disseminate the information resulting from the
survey in both printed and electronic form.
``(l) Regulations.--The Secretary is authorized to issue such
regulations as may be necessary to carry out the provisions of this
section.''.
(b) Sense of Congress Regarding Consumer Information About
Institutions of Higher Education.--
(1) Findings.--Congress finds that--
(A) the diversity of the American higher education
systems allows each student to find the right ``fit''
for his or her interests and talents;
(B) while the variety of options available is one
of the great strengths of our system of higher
education, it can also be overwhelming when students
and their families begin a college search;
(C) there is a massive amount of information
available about institutions of higher education, but
it is often difficult to navigate or is scattered among
several sources;
(D) the data collected and available is
comprehensive; however, there is a need to keep
consumer needs in mind in packaging the information
that already exists and presenting the information in a
simple, consumer-friendly format;
(E) in particular, prospective students and their
families want a succinct overview of common key
information about institutions, with easy access to
more in-depth institution-specific information about
campus life and the complete college experience; and
(F) a variety of efforts have been initiated by
colleges and universities and others to provide web-
based, consumer-friendly information geared to
prospective students and their families.
(2) Sense of congress.--It is the sense of Congress that
institutions of higher education should participate in efforts
to provide concise, easily accessible, on-line consumer
information to prospective students and families that is
consistent across institutions while permitting opportunities
for more in-depth exploration of specific institutions.
SEC. 110. TEXTBOOK INFORMATION.
Part C of title I (20 U.S.C. 1015) is further amended by adding
after section 133 (as added by section 109 of this Act) the following
new section:
``SEC. 134. TEXTBOOK INFORMATION.
``(a) Purpose and Intent.--The purpose of this section is to ensure
that every student in higher education is offered better and more
timely access to affordable course materials by educating and informing
faculty, students, administrators, institutions of higher education,
bookstores, distributors, and publishers on all aspects of the
selection, purchase, sale, and use of course materials. It is the
intent of this section--
``(1) to have all involved parties work together to
identify ways to decrease the cost of college textbooks and
supplemental materials for students while protecting the
academic freedom of faculty members to select high quality
course materials for students; and
``(2) to encourage--
``(A) college textbook publishers and distributors
to work with faculty to promote understanding of the
cost to students of purchasing faculty selected
textbooks, including the disclosure of prices and
bundling practices;
``(B) college bookstores to work with faculty to
review timelines and processes for ordering and
stocking course materials, and to disclose costs to
faculty and students in a timely manner;
``(C) institutions of higher education to implement
numerous options to address college textbook
affordability;
``(D) institutions of higher education to work with
student organizations to help students understand the
factors driving textbook costs and available methods
and resources to mitigate the effects of those costs;
and
``(E) innovation in the development and use of
course materials (including course materials utilizing
the principles of universal design) and technologies
that can help students receive the full value of their
educational investment.
``(b) Definitions.--In this section:
``(1) Bundle.--The term `bundle' means one or more college
textbooks or other supplemental learning materials that may be
packaged together to be sold as course materials for one price.
``(2) College textbook.--The term `college textbook' means
a textbook or a set of textbooks, used for, or in conjunction
with, a course in postsecondary education at an institution of
higher education.
``(3) Course schedule.--The term `course schedule' means a
listing of the courses or classes offered by an institution of
higher education for an academic period, as defined by the
institution.
``(4) Custom textbook.--The term `custom textbook'--
``(A) means a college textbook that is compiled at
the direction of a faculty member or other person or
adopting entity in charge of selecting course materials
at an institution of higher education; and
``(B) may include, alone or in combination, items
such as selections from original instructor materials,
previously copyrighted publisher materials, copyrighted
third-party works, and elements unique to a specific
institution, such as commemorative editions.
``(5) Institution of higher education.--The term
`institution of higher education' has the meaning given the
term in section 102.
``(6) Integrated textbook.--The term `integrated textbook'
means a college textbook that is combined with materials
developed by a third party and that, by third-party contractual
agreement, may not be offered by publishers separately from the
college textbook with which the materials are combined.
``(7) Publisher.--The term `publisher' means a publisher of
college textbooks or supplemental materials involved in or
affecting interstate commerce.
``(8) Substantial content.--The term `substantial content'
means parts of a college textbook, such as new chapters,
additional eras of time, new themes, or new subject matter.
``(9) Supplemental material.--The term `supplemental
material' means educational material developed to accompany a
college textbook, which--
``(A) may include printed materials, computer
disks, website access, and electronically distributed
materials; and
``(B) is not bound by third-party contractual
agreements to be sold in an integrated textbook.
``(c) Publisher Requirements.--
``(1) College textbook pricing information.--When a
publisher provides a faculty member or other person or adopting
entity in charge of selecting course materials at an
institution of higher education with information regarding a
college textbook or supplemental material, the publisher shall
include, with any such information and in writing (which may
include electronic communications), the following:
``(A) The price at which the publisher would make
the college textbook or supplemental material available
to the bookstore on the campus of, or otherwise
associated with, such institution of higher education.
``(B) The copyright dates of all previous editions
of such college textbook in the preceding 10 years, if
any.
``(C) The substantial content revisions made
between the current edition of the college textbook or
supplemental material and the previous edition, if any.
``(D) Whether the college textbook or supplemental
material is available in any other format, including
paperback and unbound, and the price at which the
publisher would make the college textbook or
supplemental material in the other format available to
the bookstore on the campus of, or otherwise associated
with, such institution of higher education.
``(2) Unbundling of college textbooks from supplemental
materials.--A publisher that sells a college textbook and any
supplemental material accompanying such college textbook as a
single bundle shall also make available the college textbook
and each supplemental material as separate and unbundled items,
each separately priced.
``(3) Custom textbooks.--To the maximum extent practicable,
publishers shall provide the information required under this
subsection with respect to the development and provision of
custom textbooks.
``(d) Provision of ISBN College Textbook Information in Course
Schedules.--
``(1) Internet course schedules.--Each institution of
higher education, to the maximum extent practicable, shall--
``(A) disclose the International Standard Book
Number and retail price information of required and
recommended textbooks, related materials, and supplies
for each course listed in the institution's course
schedule used for pre-registration and registration
purposes;
``(B) if the International Standard Book Number is
not available for the items listed in subparagraph (A),
use the author, title, publisher, and copyright date;
and
``(C) if the institution determines that the
disclosure of the information described in the
preceding subparagraphs for a course is not practicable
for a textbook, related material, or supply, then it
should so indicate by placing the designation `To Be
Determined' in lieu of the information required under
such subparagraphs.
``(2) Written course schedules.--In the case of an
institution of higher education that does not publish the
institution's course schedule for the subsequent academic
period on the Internet, the institution of higher education
shall include the information required under paragraph (1) in
any printed version of the institution's course schedule as it
is available at the time of the course schedule's printing.
``(e) Availability of Information for College Bookstores.--An
institution of higher education shall make available, as soon as is
practicable, upon the request of any college bookstore, the most
accurate information available regarding--
``(1) the institution's course schedule for the subsequent
academic period; and
``(2) for each course or class offered by the institution
for the subsequent academic period--
``(A) the information required by subsection (d)(1)
for each college textbook or supplemental material
required or recommended for such course or class;
``(B) the number of students enrolled in such
course or class; and
``(C) the maximum student enrollment for such
course or class.
``(f) Rule of Construction.--Nothing in this section shall be
construed to supercede the institutional autonomy or academic freedom
of instructors involved in the selection of college textbooks and
classroom materials.
``(g) Effective Date.--This section shall be effective on and after
July 1, 2008.''.
SEC. 111. DATABASE OF STUDENT INFORMATION PROHIBITED.
Part C of title I (20 U.S.C. 1015) is further amended by adding
after section 134 (as added by section 110 of this Act) the following
new section:
``SEC. 135. DATABASE OF STUDENT INFORMATION PROHIBITED.
``(a) Prohibition.--Except as described in subsection (b), nothing
in this Act shall be construed to authorize the Secretary to develop,
implement, or maintain a Federal database of personally identifiable
information on individuals receiving assistance under this Act,
attending institutions receiving assistance under this Act, or
otherwise involved in any studies or other collections of data under
this Act, including a student unit record system, an education bar code
system, or any other system that tracks individual students over time.
``(b) Exception.--The provisions of subsection (a) shall not apply
to a system (or a successor system) that is necessary for the operation
of programs authorized by title II, IV, or VII, or data required to be
collected by the Secretary under this Act (including section 133(g)),
that were in use by the Secretary, directly or through a contractor, as
of the day before the date of enactment of the College Opportunity and
Affordability Act of 2008.
``(c) State Databases.--Nothing in this Act shall prohibit a State
or a consortium of States from developing, implementing, or maintaining
State-developed databases that track individuals over time, including
student unit record systems that contain information related to
enrollment, attendance, graduation and retention rates, student
financial assistance, and graduate employment outcomes.''.
SEC. 112. IN-STATE TUITION RATES FOR MEMBERS OF THE ARMED FORCES ON
ACTIVE DUTY AND DEPENDENTS.
Part C of title I (20 U.S.C. 1015) is further amended by adding
after section 135 (as added by section 111 of this Act) the following
new section:
``SEC. 136. IN-STATE TUITION RATES FOR MEMBERS OF THE ARMED FORCES ON
ACTIVE DUTY AND DEPENDENTS.
``(a) Requirement.--A member of the armed forces on active duty for
a period of more than 30 days whose domicile or permanent duty station
is in a State, and the dependents of such a member, may not be charged
tuition for attendance at a public institution of higher education in
that State at a rate that is greater than the rate charged for
residents of that State.
``(b) Continuation.--If a member of the armed forces, or a
dependent of a member, pays tuition at a public institution of higher
education in a State at a rate determined by reason of subsection (a),
the provisions of subsection (a) shall continue to apply to such member
or dependent while continuously enrolled at that institution,
notwithstanding a subsequent change in the permanent duty station of
the member to a location outside the State.
``(c) Effective Date.--This section shall take effect at each
public institution of higher education in a State at the beginning of
the first period of enrollment at that institution that begins more
than 90 days after the date of enactment of the Military Child College
Affordability Act.
``(d) Definitions.--For purposes of this section:
``(1) State.--The term `State' has the meaning given that
term in section 103 of this Act.
``(2) Military definitions.--The terms `armed forces' and
`active duty for a period of more than 30 days' have the
meanings given those terms in section 101 of title 10, United
States Code.''.
SEC. 113. ENDOWMENT REPORTING.
Part C of title I (20 U.S.C. 1015) is further amended by adding
after section 135 (as added by section 111 of this Act) the following
new section:
``SEC. 137. ENDOWMENT REPORTING.
``Each institution of higher education shall annually submit to the
Secretary, in a form prescribed by the Secretary, a report on the
expenditures made by such institution from any endowment funds of the
institution for the purpose of reducing the costs of the programs of
instruction offered by such institution, including the specific amounts
expended for grants and other aid to reduce the amounts charged for
tuition, fees, textbooks, meals, room and board.''.
SEC. 114. STATE HIGHER EDUCATION INFORMATION SYSTEM PILOT PROGRAM.
Part C of title I (20 U.S.C. 1015) is further amended by adding
after section 135 (as added by section 111 of this Act) the following
new section:
``SEC. 138. STATE HIGHER EDUCATION INFORMATION SYSTEM PILOT PROGRAM.
``(a) Purpose.--It is the purpose of this section to carry out a
pilot program to assist not more than 5 States to develop State-level
postsecondary student data systems to--
``(1) improve the capacity of States and institutions of
higher education to generate more comprehensive and comparable
data, in order to develop better-informed educational policy at
the State level and to evaluate the effectiveness of
institutional performance while protecting the confidentiality
of students' personally identifiable information; and
``(2) identify how to best minimize the data-reporting
burden placed on institutions of higher education, particularly
smaller institutions, and to maximize and improve the
information institutions receive from the data systems, in
order to assist institutions in improving educational practice
and postsecondary outcomes.
``(b) Definition of Eligible Entity.--In this section, the term
`eligible entity' means--
``(1) a State higher education system; or
``(2) a consortium of State higher education systems, or a
consortium of individual institutions of higher education, that
is broadly representative of institutions in different sectors
and geographic locations.
``(c) Competitive Grants.--
``(1) Grants authorized.--The Secretary shall award grants,
on a competitive basis, to not more than 5 eligible entities to
enable the eligible entities to--
``(A) design, test, and implement postsecondary
student data systems that provide the maximum benefits
to States, institutions of higher education, and State
policymakers; and
``(B) examine the costs and burdens involved in
implementing a State-level postsecondary student data
system.
``(2) Duration.--A grant awarded under this section shall
be for a period of not more than 3 years.
``(d) Application Requirements.--An eligible entity desiring a
grant under this section shall submit an application to the Secretary
at such time, in such manner, and containing such information as the
Secretary determines is necessary, including a description of--
``(1) how the eligible entity will ensure that student
privacy is protected and that individually identifiable
information about students, the students' achievements, and the
students' families remains confidential in accordance with the
Family Educational Rights and Privacy Act of 1974 (20 U.S.C.
1232g); and
``(2) how the activities funded by the grant will be
supported after the 3-year grant period.
``(e) Use of Funds.--A grant awarded under this section shall be
used to--
``(1) design, develop, and implement the components of a
comprehensive postsecondary student data system with the
capacity to transmit student information within States;
``(2) improve the capacity of institutions of higher
education to analyze and use student data;
``(3) select and define common data elements, data quality,
and other elements that will enable the data system to--
``(A) serve the needs of institutions of higher
education for institutional research and improvement;
``(B) provide students and the students' families
with useful information for decision-making about
postsecondary education;
``(C) provide State policymakers with improved
information to monitor and guide efforts to improve
student outcomes and success in higher education;
``(4) estimate costs and burdens at the institutional level
for reporting to the postsecondary student data system; and
``(5) test the feasibility of protocols and standards for
maintaining data privacy and data access.
``(f) Evaluation; Reports.--Not later than 6 months after the end
of the projects funded by grants awarded under this section, the
Secretary shall--
``(1) conduct a comprehensive evaluation of the pilot
program authorized by this section; and
``(2) report the Secretary's findings, as well as
recommendations regarding the implementation of State-level
postsecondary student data systems to the authorizing
committees.
``(g) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section such sums as may be necessary
for fiscal year 2009 and each of the 4 succeeding fiscal years.''.
SEC. 115. INSTITUTION AND LENDER REPORTING AND DISCLOSURE REQUIREMENTS.
Title I (20 U.S.C. 1001 et seq.) is amended by adding at the end
the following:
``PART E--LENDER AND INSTITUTION REQUIREMENTS RELATING TO EDUCATIONAL
LOANS
``SEC. 151. DEFINITIONS.
``In this part:
``(1) Covered institution.--The term `covered
institution'--
``(A) means any educational institution that--
``(i) offers a postsecondary educational
degree, certificate, or program of study
(including any institution of higher education,
as such term is defined in section 102); and
``(ii) receives any Federal funding or
assistance; and
``(B) includes an authorized agent of the
educational institution (including an alumni
association, booster club, or other organization
directly or indirectly authorized by such institution)
or an employee of such institution.
``(2) Educational loan.--The term `educational loan'
(except when used as part of the term `private educational
loan') means--
``(A) any loan made, insured, or guaranteed under
title IV; or
``(B) a private educational loan (as defined in
paragraph (6)).
``(3) Preferred lender arrangement.--The term `preferred
lender arrangement'--
``(A) means an arrangement or agreement between a
lender and a covered institution--
``(i) under which arrangement or agreement
a lender provides or otherwise issues
educational loans to the students attending the
covered institution or the parents of such
students; and
``(ii) which arrangement or agreement
relates to the covered institution
recommending, promoting, or endorsing the
educational loan product of the lender; and
``(B) does not include--
``(i) arrangements or agreements with
respect to loans under parts D or E of title
IV; or
``(ii) arrangements or agreements with
respect to loans under section 499(b).
``(4) Lender.--
``(A) In general.--The term `lender'--
``(i) means a creditor, except that such
term shall not include an issuer of credit
secured by a dwelling or under an open end
credit plan; and
``(ii) includes an agent of a lender.
``(B) Incorporation of tila definitions.--The terms
`creditor', `dwelling', and `open end credit plan' have
the meanings given such terms in section 103 of the
Truth in Lending Act (15 U.S.C. 1602).
``(5) Officer.--The term `officer' includes a director or
trustee of a covered institution, if such individual is treated
as an employee of the covered institution.
``(6) Private educational loan.--The term `private
educational loan' means a private loan provided by a lender
that--
``(A) is not made, insured, or guaranteed under
title IV; and
``(B) is issued by a lender expressly for
postsecondary educational expenses to a student, or the
parent of the student, regardless of whether the loan
involves enrollment certification by the educational
institution that the student attends.
``(7) Postsecondary educational expenses.--The term
`postsecondary educational expenses' means any of the expenses
that are included as part of a student's cost of attendance, as
defined under section 472.
``SEC. 152. REQUIREMENTS FOR LENDERS AND INSTITUTIONS PARTICIPATING IN
PREFERRED LENDER ARRANGEMENTS.
``(a) Certification by Lenders.--In addition to any other
disclosure required under Federal law, each lender under part B of
title IV that participates in one or more preferred lender arrangements
shall annually certify its compliance with the requirements of this
Act. Such compliance of such preferred lender arrangement shall be
reported on and attested to annually by the auditor of such lender in
the audit conducted pursuant to section 428(b)(1)(U)(iii).
``(b) Use of Institution Name.--
``(1) In general.--A covered institution that has entered
into a preferred lender arrangement with a lender regarding
private educational loans shall not agree to the lender's use
of the name, emblem, mascot, or logo of the institution, or
other words, pictures, or symbols readily identified with the
institution, in the marketing of private educational loans to
the students attending the institution in any way that implies
that the institution endorses the private educational loans
offered by the lender.
``(2) Applicability.--Paragraph (1) shall apply to any
preferred lender arrangement, or extension of such arrangement,
entered into or renewed after the date of enactment of the
College Opportunity and Affordability Act of 2008.
``SEC. 153. INTEREST RATE REPORT FOR INSTITUTIONS AND LENDERS
PARTICIPATING IN PREFERRED LENDER ARRANGEMENTS.
``(a) Duties of the Secretary.--
``(1) Report and model format.--Not later than 180 days
after the date of enactment of the College Opportunity and
Affordability Act of 2008, the Secretary shall--
``(A) prepare a report on the adequacy of the
information provided to students and the parents of
such students about educational loans, after consulting
with students, representatives of covered institutions
(including financial aid administrators, registrars,
and business officers), lenders, loan servicers, and
guaranty agencies;
``(B) develop and prescribe by regulation a model
disclosure form to be used by lenders and covered
institutions in carrying out subsections (b) and (c)
that--
``(i) will be easy for students and parents
to read and understand;
``(ii) will be easily usable by lenders,
institutions, guaranty agencies, and loan
servicers;
``(iii) will provide students and parents
with the relevant, meaningful, and standard
information about the terms and conditions for
both Federal and private educational loans;
``(iv) is based on the report's findings
and developed in consultation with--
``(I) students;
``(II) representatives of covered
institutions, including financial aid
administrators, registrars, business
officers, and student affairs
officials;
``(III) lenders;
``(IV) loan servicers;
``(V) guaranty agencies; and
``(VI) with respect to the
requirements of clause (vi) concerning
private educational loans, the Board of
Governors of the Federal Reserve
System;
``(v) provides information on the
applicable interest rates and other terms and
conditions of the educational loans provided by
a lender to students attending the institution,
or the parents of such students, disaggregated
by each type of educational loan (including
opportunity pools as defined in section 155(f))
provided to such students or parents by the
lender, including--
``(I) the rate of interest, or the
potential range of rates of interest,
applicable to the loan, and whether
such rates are fixed or variable;
``(II) limitations, if any, on
interest rate adjustments, both in
terms of frequency and amount, or lack
thereof;
``(III) co-borrower requirements,
including changes in interest rates;
``(IV) any fees associated with the
loan;
``(V) the repayment terms available
on the loan;
``(VI) the opportunity for
deferment or forbearance in repayment
of the loan, including whether the loan
payments can be deferred if the student
is in school;
``(VII) any additional terms and
conditions applied to the loan,
including any benefits that are
contingent on the repayment behavior of
the borrower;
``(VIII) the annual percentage rate
for such loans, determined in the
manner required under section 107 of
the Truth in Lending Act (15 U.S.C.
1606);
``(IX) an example of the total cost
of the educational loan over the life
of the loan which shall be calculated--
``(aa) using a principal
amount and the maximum rate of
interest actually offered by
the lender; and
``(bb) both with and
without capitalization of
interest, if that is an option
for postponing interest
payments;
``(X) the consequences for the
borrower of defaulting on a loan,
including any limitations on the
discharge of an educational loan in
bankruptcy;
``(XI) contact information for the
lender; and
``(XII) any philanthropic
contributions made by the lender to the
covered institution, including the
purpose of the contribution and any
conditions related to its use; and
``(vi) provides, in addition, with respect
to private educational loans, the following
information with respect to loans made by each
lender recommended by the covered institution:
``(I) the method of determining the
interest rate of the loan;
``(II) potential finance charges,
late fees, penalties, and adjustments
to principal, based on defaults or late
payments of the borrower; and
``(III) such other information as
the Secretary may require; and
``(C)(i) submit the report and model disclosure
form to the authorizing committees; and
``(ii) make the report and model disclosure form
available to covered institutions, lenders, and the
public.
``(2) Model form update.--Not later than 1 year after the
submission of the report and model disclosure form described in
paragraph (1)(B), the Secretary shall--
``(A) assess the adequacy of the model disclosure
form;
``(B) after consulting with students,
representatives of covered institutions (including
financial aid administrators, registrars, business
officers, and student affairs officials), lenders, loan
servicers, guaranty agencies, and the Board of
Governors of the Federal Reserve System--
``(i) prepare a list of any improvements to
the model disclosure form that have been
identified as beneficial to borrowers; and
``(ii) update the model disclosure form
after taking such improvements into
consideration; and
``(C)(i) submit the list of improvements and
updated model disclosure form to the authorizing
committees; and
``(ii) make the updated model disclosure form
available to covered institutions, lenders, and the
public.
``(3) Use of form.--The Secretary shall take such steps as
necessary to make the model disclosure form, and the updated
model disclosure form, available to covered institutions and to
encourage--
``(A) lenders subject to subsection (b) to use the
model disclosure form or updated model disclosure form
(if available) in providing the information required
under subsection (b); and
``(B) covered institutions to use such format in
preparing the information reported under subsection
(c).
``(4) Procedures.--Sections 482(c) and 492 of this Act
shall not apply to the model disclosure form prescribed under
paragraph (1)(B), but shall apply to the updating of such form
under paragraph (2).
``(b) Lender Duties.--Each lender that has a preferred lender
arrangement with a covered institution shall, by March 1 of each year,
or such other date determined by the Secretary, provide to the covered
institution and to the Secretary the information included on the model
disclosure form or an updated model disclosure form (if available) for
each type of educational loan (including opportunity pools as defined
in section 155(f)) to be offered by the lender to students attending
the covered institution, or the parents of such students, for the
forthcoming academic year.
``(c) Covered Institution Reports.--Each covered institution
shall--
``(1) prepare and submit to the Secretary an annual report,
by a date determined by the Secretary, that includes, for each
lender that has a preferred lender arrangement with the covered
institution and that has submitted to the institution the
information required under subsection (b)--
``(A) the information included on the model
disclosure form or updated model disclosure form (if
available) for each type of educational loan provided
by the lender to students attending the covered
institution, or the parents of such students; and
``(B) a detailed explanation of why the covered
institution believes the terms and conditions of each
type of educational loan provided pursuant to the
agreement are beneficial for students attending the
covered institution, or the parents of such students;
and
``(2) ensure that the report required under paragraph (1)
is made available to the public and provided to students
attending or planning to attend the covered institution, and
the parents of such students, in time for the student or parent
to take such information into account before applying for or
selecting an educational loan.
``(d) Disclosures by Covered Institutions.--A covered institution
shall disclose, on its website and in the informational materials
described in subsection (e)--
``(1) a statement that--
``(A) indicates that students are not limited to or
required to use the lenders the institution recommends;
and
``(B) the institution is required to process the
documents required to obtain a Federal educational loan
from any eligible lender the student selects;
``(2) at a minimum, all of the information provided by the
model disclosure form prescribed under subsection (a)(1)(B), or
updated model disclosure form (if available), with respect to
any lender recommended by the institution for Federal
educational loans and, as applicable, private educational loans
(including opportunity pools as defined in section 155(f));
``(3) the maximum amount of Federal grant and loan aid
available to students in an easy-to-understand format; and
``(4) the institution's cost of attendance (as determined
under section 472).
``(e) Informational Materials.--The informational materials
described in this subsection are publications, mailings, or electronic
messages or media distributed to prospective or current students and
parents of students that describe or discuss the financial aid
opportunities available to students at an institution of higher
education.
``SEC. 154. PRIVATE EDUCATIONAL LOAN DISCLOSURE REQUIREMENTS FOR
COVERED INSTITUTIONS.
``A covered institution that provides information to any student,
or the parent of such student, regarding a private educational loan
from a lender shall, prior to or concurrent with such information--
``(1) inform the student or parent of--
``(A) the student or parent's eligibility for
assistance and loans under title IV; and
``(B) the terms and conditions of such private
educational loan that may be less favorable than the
terms and conditions of educational loans for which the
student or parent is eligible, including interest
rates, repayment options, and loan forgiveness; and
``(2) ensure that information regarding such private
educational loan is presented in such a manner as to be
distinct from information regarding loans that are made,
insured, or guaranteed under title IV.
``SEC. 155. INTEGRITY PROVISIONS.
``(a) Institution Code of Conduct Required.--
``(1) Code of conduct.--Each institution of higher
education that participates in the Federal student loan
programs under title IV or has students that obtain private
educational loans shall--
``(A) develop a code of conduct in accordance with
paragraph (2) with which its officers, employees, and
agents shall comply with respect to educational loans;
``(B) publish the code of conduct prominently on
its website; and
``(C) administer and enforce such code in
accordance with the requirements of this subsection.
``(2) Contents of code.--The code required by this section
shall--
``(A) prohibit a conflict of interest with the
responsibilities of such officer, employee, or agent
with respect to educational loans; and
``(B) at a minimum, include provisions in
compliance with the provisions of the following
subsections of this section.
``(3) Training and compliance.--An institution of higher
education shall administer and enforce a code of conduct
required by this section by, at a minimum, requiring all of its
officers, employees, and agents with responsibilities with
respect to educational loans to obtain training annually in
compliance with the code.
``(b) Gift Ban.--
``(1) Prohibition.--No officer, employee, or agent of a
covered institution who is employed in the financial aid office
of the institution, or who otherwise has responsibilities with
respect to educational loans, shall solicit or accept any gift
from a lender, guarantor, or servicer of educational loans.
``(2) Inspector general report.--The Inspector General of
the Department of Education shall investigate any reported
violation of this subsection and shall annually submit a report
to the authorizing committees identifying all substantiated
violations of the gift ban under paragraph (1), including the
lenders and covered institutions involved in each such
violation, for the preceding year.
``(3) Definition of gift.--
``(A) In general.--In this subsection, the term
`gift' means any gratuity, favor, discount,
entertainment, hospitality, loan, or other item having
a monetary value of more than a de minimus amount. The
term includes a gift of services, transportation,
lodging, or meals, whether provided in kind, by
purchase of a ticket, payment in advance, or
reimbursement after the expense has been incurred.
``(B) Exceptions.--The term `gift' shall not
include any of the following:
``(i) Standard material, activities, or
programs on issues related to a loan, default
aversion, default prevention, or financial
literacy, such as a brochure, a workshop, or
training.
``(ii) Food, refreshments, training, or
informational material furnished to an officer,
employee, or agent of an institution as an
integral part of a training session that is
designed to improve the service of a lender,
guarantor, or servicer of educational loans to
the covered institution, if such training
contributes to the professional development of
the officer, employee, or agent of the
institution.
``(iii) Favorable terms, conditions, and
borrower benefits on an educational loan
provided to a student employed by the covered
institution if such terms, conditions, or
benefits are comparable to those provided to
all students of the institution.
``(iv) Entrance and exit counseling
services provided to borrowers to meet a
covered institution's responsibilities for
entrance and exit counseling as required by
section 485(b) provided that--
``(I) a covered institution's staff
are in control of the counseling
(whether in person or via electronic
capabilities); and
``(II) such counseling does not
promote the products or services of any
lender.
``(v) Philanthropic contributions to a
covered institution from a lender, guarantor,
or servicer of educational loans that are
unrelated to educational loans, provided, as
applicable, that such contributions are
disclosed pursuant to section 153(a)(1) and
section 153(a)(2).
``(vi) State education grants,
scholarships, or financial aid funds
administered by or on behalf of a State.
``(C) Rule for gifts to family members.--For
purposes of this section, a gift to a family member of
an officer, employee, or agent of a covered
institution, or a gift to any other individual based on
that individual's relationship with the officer,
employee, or agent, shall be considered a gift to the
officer, employee, or agent if--
``(i) the gift is given with the knowledge
and acquiescence of the officer, employee, or
agent; and
``(ii) the officer, employee, or agent has
reason to believe the gift was given because of
the official position of the officer, employee,
or agent.
``(c) Contracting Arrangements Prohibited.--
``(1) Prohibition.--An officer, employee, or agent who is
employed in the financial aid office of a covered institution,
or who otherwise has responsibilities with respect to
educational loans, shall not accept from any lender or
affiliate of any lender (as the term affiliate is defined in
section 487(a)) any fee, payment, or other financial benefit
(including the opportunity to purchase stock) as compensation
for any type of consulting arrangement or other contract to
provide services to a lender or on behalf of a lender.
``(2) Exceptions.--Nothing in this subsection shall be
construed as prohibiting--
``(A) an officer, employee, or agent of a covered
institution who is not employed in the institution's
financial aid office, or who does not otherwise have
responsibilities with respect to educational loans,
from paid or unpaid service on a board of directors of
a lender, guarantor, or servicer of educational loans;
``(B) an officer, employee, or agent of a covered
institution who is not employed in the financial aid
office but who has responsibility with respect to
educational loans as a result of a position held at the
covered institution, from paid or unpaid service on a
board of directors of a lender, guarantor, or servicer
of educational loans, provided that the covered
institution has a written conflict of interest policy
that clearly sets forth that such an officer, employee,
or agent must be recused from participating in any
decision of the board with respect to any transaction
regarding educational loans; or
``(C) an officer, employee, or agent of a lender,
guarantor, or servicer of educational loans from
serving on a board of directors or serving as a trustee
of a covered institution, provided that the covered
institution has a written conflict of interest policy
that clearly sets forth the procedures to be followed
in instances where such a board member's or trustee's
personal or business interests with respect to
educational loans may be advanced by an action of the
board of directors or trustees, including a provision
that such a board member or trustee may not participate
in any decision to approve any transaction where such
conflicting interests may be advanced.
``(d) Ban on Revenue Sharing Arrangements.--
``(1) Prohibition.--A covered institution shall not enter
into any revenue sharing arrangement with any lender.
``(2) Definition.--For purposes of this subsection, a
revenue sharing arrangement is an arrangement between a covered
institution and a lender under which--
``(A) a lender provides or issues educational loans
to students attending the institution or to parents of
such students; and
``(B)(i) the institution recommends the lender or
the loan products of the lender; and
``(ii) in exchange, the lender pays a fee or
provides other material benefits, including revenue or
profit sharing, to the institution or officers,
employees, or agents of the institution.
``(e) Ban on Staffing Assistance.--
``(1) Prohibition.--A covered institution shall not request
or accept from any lender any assistance with call center
staffing or financial aid office staffing.
``(2) Certain assistance permitted.--Nothing in paragraph
(1) shall be construed to prohibit a covered institution from
requesting or accepting assistance from a lender related to--
``(A) professional development training for
financial aid administrators;
``(B) providing educational counseling materials,
financial literacy materials, or debt management
materials to borrowers, provided that such materials
disclose to borrowers the identification of any lender
that assisted in preparing or providing such materials;
or
``(C) staffing services on a short-term, non-
recurring basis to assist the institution with
financial aid-related functions during emergencies,
including State-declared or federally declared natural
disasters, federally declared national disasters, and
other localized disasters and emergencies identified by
the Secretary.
``(f) Prohibition on Offers of Funds for Private Loans.--
``(1) Prohibition.--A covered institution shall not request
or accept from any lender any offer of funds, including any
opportunity pool, to be used for private educational loans to
students in exchange for the covered institution providing
concessions or promises to the lender with respect to such
institution providing the lender with a specified number of
loans, a specified loan volume, or a preferred lender
arrangement for any loan made, insured, or guaranteed under
title IV, and a lender shall not make any such offer.
``(2) Definition.--In this subsection, the term
`opportunity pool' means an educational loan made by a private
lender to a student attending the covered institution or the
parent of such a student that is in any manner guaranteed by a
covered institution, or that involves a payment, directly or
indirectly, by such an institution of points, premiums,
payments, additional interest, or other financial support to
such lender for the purpose of such lender extending credit to
either the students or the parents of students of the
institution.
``(g) Ban on Participation on Advisory Councils.--An officer,
employee, or agent who is employed in the financial aid office of a
covered institution, or who otherwise has responsibilities with respect
to educational loans, shall not serve on or otherwise participate with
advisory councils of lenders or affiliates of lenders. Nothing in this
subsection shall prohibit lenders from seeking advice from covered
institutions or groups of covered institutions (including through
telephonic or electronic means, or a meeting) in order to improve
products and services for borrowers, provided there are no gifts or
compensation (including for transportation, lodging, or related
expenses) provided by lenders in connection with seeking this advice
from such institutions. Nothing in this subsection shall prohibit an
officer, employee, or agent of a covered institution from serving on
the board of directors of a lender if required by State law.
``SEC. 156. COMPLIANCE AND ENFORCEMENT.
``(a) Condition of Any Federal Assistance.--Notwithstanding any
other provision of law, a covered institution or lender shall comply
with this part as a condition of receiving Federal funds or assistance
provided after the date of enactment of the College Opportunity and
Affordability Act of 2008.
``(b) Penalties.--Notwithstanding any other provision of law, if
the Secretary determines, after providing notice and an opportunity for
a hearing for a covered institution or lender, that the covered
institution or lender has violated subsection (a)--
``(1) in the case of a covered institution, or a lender
that does not participate in a loan program under title IV, the
Secretary may impose a civil penalty in an amount of not more
than $27,500; and
``(2) in the case of a lender that does participate in a
program under title IV, the Secretary may impose a civil
penalty in an amount of not more than $27,500, or limit,
terminate, or suspend the lender's participation in such
program.
``(c) Considerations.--In taking any action against a covered
institution or lender under subsection (b), the Secretary shall take
into consideration the nature and severity of the violation of
subsection (a).
``SEC. 157. STUDENT LOAN COUNSELING.
``(a) Borrower Contact.--
``(1) FFEL loans.--Each holder of a loan under part B of
title IV shall contact the borrower each year after five years
has passed from the date that a borrower first selected either
a graduated, extended, income sensitive, or income contingent
repayment plan to ascertain if the borrower is able to select a
repayment plan with a shorter repayment period that would
reduce the total interest paid on the borrower's loan or loans
under this part.
``(2) Direct loans.--The Secretary shall contact the
borrower of each loan under part D or E of title IV each year
after five years has passed from the date that a borrower first
selected either an extended, graduated, income contingent, or
alternative repayment plan to ascertain if the borrower is able
to select a repayment plan for a shorter repayment period that
would reduce the total interest paid on the borrower's loan
under this part.
``(b) Required Disclosure Before Disbursement.--
``(1) Disclosures before repayment.--Each lender of a loan
under part B of title IV, and the Secretary with respect to
each loan under part D or E of such title, shall provide to the
borrower before repayment begins an explanation of principal to
be borrowed, current balance, interest already paid, and
interest due over the life of the loan, options by which
borrowers may avoid or be removed from default, relevant fees
associated with these options, and repayment options available
to the borrower entering repayment, including income contingent
repayment and income-based repayment.
``(2) Disclosures during repayment.--Each lender of a loan
under part B of title IV, and the Secretary with respect to
each loan under part D or E of such title, shall provide to the
borrower during repayment an explanation of principal borrowed,
current balance, interest already paid and interest due over
the life of the loan, options by which borrowers may avoid or
be removed from default, relevant fees associated with these
options, and repayment options available to the borrower
entering repayment, including income contingent repayment and
income-based repayment. Each such lender and the Secretary
shall also notify any borrower who tells the lender or the
Secretary that the borrower is having difficulty making
payments of the repayment options available, including
forbearance. Each such lender and the Secretary shall make an
explanation of repayment options available to the borrower,
including income contingent repayment and forbearance, before
the loan is disbursed, before repayment, and during repayment
if the borrower notifies the lender or the Secretary that the
borrower is having difficulty making payments.
``(c) Institutional Counseling.--
``(1) In general.--Each institution of higher education
shall, through financial aid officers or otherwise, make
available counseling to borrowers of loans which are made,
insured, or guaranteed under part B (other than loans made
pursuant to section 428B) of this title or made under part D or
E of this title prior to their signing the first promissory
note. The counseling shall include--
``(A) average indebtedness of borrowers at that
school, to be supplied by the Secretary;
``(B) sample monthly repayment amounts based on a
range of student levels of indebtedness and on the
average indebtedness of Stafford loan borrowers at the
same school or in the same program of study at the same
school;
``(C) data to be supplied by the Secretary on
starting salaries for graduates of institutions by type
and control of institution, and field of study;
``(D) repayment options available to the borrower
when entering repayment, including income contingent
repayment and income-based repayment;
``(E) detail to be supplied by the Secretary on how
interest accrues and is capitalized during periods when
it is not being paid by either the borrower or the
Secretary; and
``(F) the likely consequences of default, including
adverse credit reports, Federal offset, and litigation.
``(2) Use of electronic means.--If initial counseling is
conducted through interactive electronic means, the institution
of higher education shall take reasonable steps to ensure that
each student borrower receives the counseling materials, and
participates in and completes the initial counseling.
``(d) Department of Education Information Disclosure and Technical
Assistance.--
``(1) Obligation.--The Secretary shall display on the
Department of Education website and provide to colleges and
universities the following information to be used for
counseling and consumer information for prospective borrowers:
``(A) Regional data on starting salaries in all
major fields.
``(B) The increase in debt that results from
forbearance on all loans and from capitalization of
interest on unsubsidized loans.
``(C) The various repayment options available in
the Federal student loan programs, including the
availability of the income contingent repayment (ICR)
program and the income-based repayment programs (IBR).
``(D) The Federal Government's powers to collect
student loans, even when student borrowers are in
bankruptcy.
``(2) Publicity.--The Secretary shall make the location of
the information under paragraph (1) widely known among the
public, institutions, and lenders, and promote the use of such
information by prospective students, enrolled students, and
borrowers after entering repayment.''.
SEC. 116. FEASIBILITY STUDY FOR NATIONAL ELECTRONIC STUDENT LOAN
MARKETPLACE.
(a) Study Required.--The Secretary of Education shall conduct a
study of the feasibility of developing a National Electronic Student
Loan Marketplace that would provide for one or more of the following:
(1) A registry of real-time information on Federal student
loans (including loans under parts B and D of title IV of the
Higher Education Act of 1965) and private educational loans (as
defined in section 151 such Act of 1965 (as amended by this
Act)) for both undergraduate and graduate students, and parents
of students, for use by prospective borrowers or any person
desiring information regarding available interest rates, fees,
and other terms from lenders.
(2) Means by which lenders that participate in such
marketplace would be bound to honor advertised rates or
benefits.
(3) A mechanism whereby borrowers and student financial aid
officials could publicly post or otherwise make available for
users accessing the system their comments, opinions, or ratings
concerning their experience as to the quality of lenders' loan
products and loan servicing and other measurements or
indicators of customer satisfaction.
(4) A mechanism whereby prospective borrowers could be
matched with lenders that offer highly competitive products and
loan servicing quality, including any procedures and safeguards
necessary to minimize potentially adverse effects of multiple
inquiries into participating borrowers' credit histories
recorded by credit reporting agencies.
(5) Options concerning the establishment and ongoing
maintenance of such a system, including whether such a system
should be operated by one or more nonprofit or for-profit
entities, how these entities should structure or organize such
a system in order to provide the highest assurance of
independence from, and the absence of any conflicting interest
with, lenders participating in such a system, and methods to
finance such a system at no or minimal cost to consumers and
the Government.
(6) Other features that the Secretary determines could help
prospective borrowers make informed decisions in selecting
lenders from whom to obtain Federal and private educational
loans.
(b) Consultation.--In conducting the study required by this
section, the Secretary of Education shall consult with--
(1) the Federal Trade Commission;
(2) representatives of student loan borrowers;
(3) representatives from institutions of higher education,
including financial aid administrators, registrars, business
officers, and student affairs officials;
(4) Federal and private education loan lenders, loan
servicers, and guaranty agencies; and
(5) any other appropriate agency that is a member of the
Financial Literacy and Education Commission established under
the Financial Literacy and Education Improvement Act (20 U.S.C.
9701 et seq.).
(c) Report.--Not later than 6 months after completion of the model
interest rate report format required under section 153(a)(1) of the
Higher Education Act of 1965 (as amended by this Act), the Secretary of
Education shall submit a report to the authorizing committees (as
defined in section 103 of such Act) concerning the findings of the
feasibility study together with an assessment of the advantages and
disadvantages for consumers, institutions of higher education, lenders,
and the Government of establishing such a system.
TITLE II--TITLE II REVISION
SEC. 201. REVISION OF TITLE II.
Title II (20 U.S.C. 1021 et seq.) is amended to read as follows:
``TITLE II--TEACHER QUALITY ENHANCEMENT
``SEC. 200. DEFINITIONS.
``For purposes of this title:
``(1) Arts and sciences.--The term `arts and sciences'
means--
``(A) when referring to an organizational unit of
an institution of higher education, any academic unit
that offers 1 or more academic majors in disciplines or
content areas corresponding to the academic subject
matter areas in which teachers provide instruction; and
``(B) when referring to a specific academic subject
area, the disciplines or content areas in which
academic majors are offered by the arts and sciences
organizational unit.
``(2) Children from low-income families.--The term
`children from low-income families' means children as described
in section 1124(c)(1)(A) of the Elementary and Secondary
Education Act of 1965.
``(3) Core academic subjects.--The term `core academic
subjects' has the meaning given the term in section 9101 of the
Elementary and Secondary Education Act of 1965.
``(4) Early childhood education program.--The term `early
childhood education program' means--
``(A) a Head Start program or an Early Head Start
program carried out under the Head Start Act (42 U.S.C.
9831 et seq.), and includes Migrant and Seasonal Head
Start and American Indian/Alaska Native Head Start;
``(B) a State licensed or regulated child care
program or school; or
``(C) a State prekindergarten program (including a
program authorized under section 619 or part C of the
Individuals with Disabilities Education Act) that
serves children from birth through kindergarten and
that addresses the children's cognitive (including
language, early literacy, and pre-numeracy), social,
emotional, and physical development.
``(5) Early childhood educator.--The term `early childhood
educator' means an individual with primary responsibility for
the education of children in an early childhood education
program.
``(6) Educational service agency.--The term `educational
service agency' has the meaning given the term in section 9101
of the Elementary and Secondary Education Act of 1965.
``(7) Essential components of reading instruction.--The
term `essential components of reading instruction' has the
meaning given such term in section 1208 of the Elementary and
Secondary Education Act of 1965.
``(8) Exemplary teacher.--The term `exemplary teacher' has
the meaning given such term in section 9101 of the Elementary
and Secondary Education Act of 1965.
``(9) High-need early childhood education program.--The
term `high-need early childhood education program' means an
early childhood education program serving children from low-
income families that is located within the geographic area
served by a high-need local educational agency.
``(10) High-need local educational agency.--The term `high-
need local educational agency' means a local educational
agency--
``(A)(i) for which not less than 20 percent of the
children served by the agency are children from low-
income families;
``(ii) that serves not fewer than 10,000 children
from low-income families; or
``(iii) with a total of less than 600 students in
average daily attendance at the schools that are served
by the agency, and all of the schools that are served
by the agency are designated with a school locale code
of Rural: Fringe, Rural: Distant, or Rural: Remote, as
determined by the Secretary; and
``(B)(i) for which there is a high percentage of
teachers not teaching in the academic subject areas or
grade levels in which the teachers were trained to
teach; or
``(ii) for which there is a high teacher turnover
rate or a high percentage of teachers with emergency,
provisional, or temporary certification or licensure.
``(11) High-need school.--Notwithstanding section 103, the
term `high-need school' means a public elementary school or
public secondary school that--
``(A) is among the highest 25 percent of schools
served by the local educational agency that serves the
school, in terms of the percentage of students from
families with incomes below the poverty line; or
``(B) is designated with a school locale code of
Rural: Fringe, Rural: Distant, or Rural: Remote, as
determined by the Secretary.
``(12) Highly competent.--The term `highly competent', when
used with respect to an early childhood educator, means an
educator--
``(A) with specialized education and training in
development and education of young children from birth
until entry into kindergarten;
``(B) with--
``(i) a baccalaureate degree in an academic
major in the arts and sciences; or
``(ii) an associate's degree in a related
educational area; and
``(C) who has demonstrated a high level of
knowledge and use of content and pedagogy in the
relevant areas associated with quality early childhood
education.
``(13) Highly qualified.--The term `highly qualified' has
the meaning given such term in section 9101 of the Elementary
and Secondary Education Act of 1965 and, with respect to
special education teachers, in section 602 of the Individuals
with Disabilities Education Act.
``(14) Literacy coach.--The term `literacy coach' means an
individual--
``(A) who--
``(i) has teaching experience and a
master's degree with a concentration in reading
and writing education; and
``(ii) has demonstrated proficiency (as
determined by the principal of the individual's
school) in teaching reading and writing in a
content area such as math, science, or social
studies;
``(B) whose primary role with teachers and school
personnel is--
``(i) to provide high-quality professional
development opportunities for teachers and
school personnel related to literacy;
``(ii) with respect to the areas of reading
and writing, to collaborate with
paraprofessionals, teachers, principals, and
other administrators, and the community served
by the school; and
``(iii) to work cooperatively and
collaboratively with other professionals in
planning programs to meet the needs of diverse
population learners, including children with
disabilities and limited English proficient
individuals; and
``(C) who may provide students with--
``(i) reading or writing diagnosis and
instruction; and
``(ii) reading and writing assessment,
including assessment in cooperation with other
professionals (such as special education
teachers, speech and language teachers, and
school psychologists).
``(15) Poverty line.--The term `poverty line' means the
poverty line (as defined in section 673(2) of the Community
Services Block Grant Act (42 U.S.C. 9902(2))) applicable to a
family of the size involved.
``(16) Professional development.--The term `professional
development' has the meaning given the term in section 9101 of
the Elementary and Secondary Education Act of 1965.
``(17) Scientifically valid research.--The term
`scientifically valid research' includes applied research,
basic research, and field-initiated research in which the
rationale, design, and interpretation are soundly developed in
accordance with accepted principles of scientific research.
``(18) Teaching skills.--The term `teaching skills' means
skills that enable a teacher to--
``(A) increase student learning, achievement, and
the ability to apply knowledge;
``(B) effectively convey and explain academic
subject matter;
``(C) employ strategies grounded in the disciplines
of teaching and learning that--
``(i) are based on empirically based
practice and scientifically valid research,
where applicable, related to teaching and
learning;
``(ii) are specific to academic subject
matter; and
``(iii) focus on the identification of
students' specific learning needs, particularly
students with disabilities, students who are
limited English proficient, students who are
gifted and talented, and students with low
literacy levels, and the tailoring of academic
instruction to such needs;
``(D) conduct an ongoing assessment of student
learning, which may include the use of formative
assessments, performance-based assessments, project-
based assessments, or portfolio assessments, that
measure higher-order thinking skills, including
application, analysis, synthesis, and evaluation;
``(E) effectively manage a classroom, including the
ability to implement positive behavioral intervention
support strategies;
``(F) communicate and work with parents and
guardians, and involve parents and guardians in their
children's education; and
``(G) use, in the case of an early childhood
educator, age-appropriate and developmentally
appropriate strategies and practices for children in
early education programs.
``SEC. 200A. RULE OF CONSTRUCTION.
``Nothing in this title shall be construed to alter or otherwise
affect the rights, remedies, and procedures afforded to the employees
of local educational agencies under Federal, State, or local laws
(including applicable regulations or court orders) or under the terms
of collective bargaining agreements, memoranda of understanding, or
other agreements between such employees and their employers, including
the right of employees of local educational agencies to engage in
collective bargaining with their employers.
``PART A--TEACHER QUALITY PARTNERSHIP GRANTS
``SEC. 201. PURPOSES; DEFINITIONS.
``(a) Purposes.--The purposes of this part are to--
``(1) improve student achievement;
``(2) improve the quality of the current and future
teaching force by improving the preparation of prospective
teachers and enhancing professional development activities;
``(3) hold teacher preparation programs at institutions of
higher education accountable for preparing highly qualified
teachers; and
``(4) recruit highly qualified individuals, including
minorities and individuals from other occupations, into the
teaching force.
``(b) Definitions.--In this part:
``(1) Eligible partnership.--The term `eligible
partnership' means an entity that--
``(A) shall include--
``(i) a high-need local educational agency;
``(ii) a high-need school or a consortium
of high-need schools served by the high-need
local educational agency or, as applicable, a
high-need early childhood education program;
``(iii) a partner institution;
``(iv) a school, department, or program of
education within such partner institution or a
teacher professional development program within
such partner institution; and
``(v) a school or department of arts and
sciences within such partner institution; and
``(B) may include any of the following:
``(i) The Governor of the State.
``(ii) The State educational agency.
``(iii) The State board of education.
``(iv) The State agency for higher
education.
``(v) A business.
``(vi) A public or private nonprofit
educational organization.
``(vii) An educational service agency.
``(viii) A teacher organization.
``(ix) A high-performing local educational
agency, or a consortium of such local
educational agencies, that can serve as a
resource to the partnership.
``(x) A charter school (as defined in
section 5210 of the Elementary and Secondary
Education Act of 1965).
``(xi) A school or department within the
partner institution that focuses on psychology
and human development.
``(xii) A school or department within the
partner institution with comparable expertise
in the disciplines of teaching, learning, and
child and adolescent development.
``(xiii) An entity operating a program that
provides alternative routes to State
certification of teachers.
``(2) Induction program.--The term `induction program'
means a formalized program for new teachers during not less
than the teachers' first 2 years of teaching that is designed
to provide support for, and improve the professional
performance and advance the retention in the teaching field of,
beginning teachers. Such program shall promote effective
teaching skills and shall include the following components:
``(A) High-quality teacher mentoring.
``(B) Periodic, structured time for collaboration
with mentor teachers in the same department or field,
as well as time for information-sharing among teachers,
principals, administrators, and participating faculty
in the partner institution.
``(C) The application of empirically based practice
and scientifically valid research on instructional
practices.
``(D) Opportunities for new teachers to draw
directly upon the expertise of teacher mentors,
faculty, and researchers to support the integration of
empirically based practice and scientifically valid
research with practice.
``(E) The development of skills in instructional
and behavioral interventions derived from empirically
based practice and, where applicable, scientifically
valid research.
``(F) Faculty who--
``(i) model the integration of research and
practice in the classroom; and
``(ii) assist new teachers with the
effective use and integration of technology in
the classroom.
``(G) Interdisciplinary collaboration among
exemplary teachers, faculty, researchers, and other
staff who prepare new teachers with respect to the
learning process and the assessment of learning.
``(H) Assistance with the understanding of data,
particularly student achievement data, and the data's
applicability in classroom instruction.
``(I) Structured and formal observation of new
teachers, and feedback for such teachers, at least 4
times each school year by multiple evaluators,
including master teachers and the principal, using
valid and reliable benchmarks of teaching skills and
standards developed with input from teachers.
``(3) Partner institution.--The term `partner institution'
means an institution of higher education, which may include a
2-year institution of higher education offering a dual program
with a 4-year institution of higher education, participating in
an eligible partnership that has a teacher preparation
program--
``(A) whose graduates exhibit strong performance on
State-determined qualifying assessments for new
teachers through--
``(i) demonstrating that 80 percent or more
of the graduates of the program who intend to
enter the field of teaching have passed all of
the applicable State qualification assessments
for new teachers, which shall include an
assessment of each prospective teacher's
subject matter knowledge in the content area in
which the teacher intends to teach; or
``(ii) being ranked among the highest-
performing teacher preparation programs in the
State as determined by the State--
``(I) using criteria consistent
with the requirements for the State
report card under section 205(b); and
``(II) using the State report card
on teacher preparation required under
section 205(b), after the first
publication of such report card and for
every year thereafter;
``(B) that requires--
``(i) each student in the program to meet
and demonstrate high academic standards
(including prior to entering and being accepted
into a program) and participate in intensive
clinical experience;
``(ii) each student in the program
preparing to become a teacher to become highly
qualified; and
``(iii) each student in the program
preparing to become an early childhood educator
to meet degree requirements, as established by
the State, and become highly competent; or
``(C) whose participants include current teachers
who seek ongoing professional development in the
subject matter knowledge in which the teacher is
assigned to teach; and
``(D) that requires the faculty of arts and
sciences of the partner institution to lead
collaborative seminars for such participants for the
purpose of--
``(i) improving student learning;
``(ii) enhancing the quality of teaching
and strengthening subject matter mastery and
the pedagogical skills of current teachers
through continuing professional development;
and
``(iii) developing curriculum units, based
on the subject matter presented, for use in the
teachers' classrooms.
``(4) Teacher mentoring.--The term `teacher mentoring'
means the mentoring of new or prospective teachers through a
new or established program that--
``(A) includes clear criteria for the selection of
teacher mentors who will provide role model
relationships for mentees, which criteria shall be
developed by the eligible partnership and based on
measures of teacher effectiveness;
``(B) provides high-quality training for such
mentors, including instructional strategies for
literacy instruction and classroom management;
``(C) provides regular and ongoing opportunities
for mentors and mentees to observe each other's
teaching methods in classroom settings during the day
in a high-need school in the high-need local
educational agency in the eligible partnership;
``(D) provides paid release time for mentors;
``(E) provides mentoring to each mentee by a
colleague who teaches in the same field, grade, or
subject as the mentee;
``(F) promotes empirically based practice of, and
scientifically valid research on, where applicable--
``(i) teaching and learning;
``(ii) assessment of student learning;
``(iii) the development of teaching skills
through the use of instructional and behavioral
interventions; and
``(iv) the improvement of the mentees'
capacity to measurably advance student
learning; and
``(G) includes--
``(i) common planning time or regularly
scheduled collaboration for the mentor and
mentee; and
``(ii) joint professional development
opportunities.
``(5) Teaching residency program.--The term `teaching
residency program' means a school-based teacher preparation
program in which a prospective teacher--
``(A) for 1 academic year, teaches alongside a
mentor teacher, who is the teacher of record;
``(B) receives concurrent instruction during the
year described in subparagraph (A) from the partner
institution, which may include courses taught by local
educational agency personnel or residency program
faculty, in the teaching of the content area in which
the teacher will become certified or licensed;
``(C) acquires effective teaching skills; and
``(D) prior to completion of the program, earns a
master's degree, attains full State teacher
certification or licensure, and becomes highly
qualified.
``SEC. 202. PARTNERSHIP GRANTS.
``(a) Program Authorized.--From amounts made available under
section 209, the Secretary is authorized to award grants, on a
competitive basis, to eligible partnerships, to enable the eligible
partnerships to carry out the activities described in subsection (c).
``(b) Application.--Each eligible partnership desiring a grant
under this section shall submit an application to the Secretary at such
time, in such manner, and accompanied by such information as the
Secretary may require. Each such application shall contain--
``(1) a needs assessment of all the partners in the
eligible partnership with respect to the preparation, ongoing
training, professional development, and retention, of general
and special education teachers, principals, and, as applicable,
early childhood educators;
``(2) a description of the extent to which the program
prepares prospective and new teachers with strong teaching
skills;
``(3) a description of how the program will prepare
prospective and new teachers to use research and data to modify
and improve instruction in the classroom;
``(4) a description of how the partnership will coordinate
strategies and activities assisted under the grant with other
teacher preparation or professional development programs,
including those funded under the Elementary and Secondary
Education Act of 1965 and the Individuals with Disabilities
Education Act, and through the National Science Foundation, and
how the activities of the partnership will be consistent with
State, local, and other education reform activities that
promote student achievement;
``(5) a resource assessment that describes the resources
available to the partnership, including--
``(A) the integration of funds from other sources;
``(B) the intended use of the grant funds; and
``(C) the commitment of the resources of the
partnership, including financial support, faculty
participation, and time commitments, to the activities
assisted under this section and to the continuation of
the activities when the grant ends;
``(6) a description of--
``(A) how the partnership will meet the purposes of
this part;
``(B) how the partnership will carry out the
activities required under subsection (d) or (e) based
on the needs identified in paragraph (1), with the goal
of improving student achievement;
``(C) the partnership's evaluation plan under
section 204(a);
``(D) how the partnership will align the teacher
preparation program with the--
``(i) State early learning standards for
early childhood education programs, as
appropriate, and with the relevant domains of
early childhood development; and
``(ii) student academic achievement
standards and academic content standards under
section 1111(b)(2) of the Elementary and
Secondary Education Act of 1965, established by
the State in which the partnership is located;
``(E) how the partnership will prepare general
education teachers to teach students with disabilities,
including training related to participation as a member
of individualized education program teams, as defined
in section 614(d)(1)(B) of the Individuals with
Disabilities Education Act;
``(F) how the partnership will prepare general
education and special education teachers to teach
students with limited English proficiency;
``(G) how faculty at the partner institution will
work, during the term of the grant, with highly
qualified teachers in the classrooms of schools served
by the high-need local educational agency in the
partnership to provide high-quality professional
development activities;
``(H) how the partnership will design, implement,
or enhance a year-long, rigorous, and enriching
teaching pre-service clinical program component;
``(I) how the partnership will support in-service
professional development strategies and activities; and
``(J) how the partnership will collect, analyze,
and use data on the retention of all teachers and early
childhood educators in schools and early childhood
programs located in the geographic area served by the
partnership to evaluate the effectiveness of the
partnership's teacher and educator support system; and
``(7) with respect to the induction program required as
part of the activities carried out under this section--
``(A) a description of how the teacher preparation
program will design and implement an induction program
to support all new teachers through not less than the
first 2 years of teaching in the further development of
the new teachers' teaching skills, including the use of
mentors who are trained and compensated by such program
for the mentors' work with new teachers;
``(B) a demonstration that the schools and
departments within the institution of higher education
that are part of the induction program have relevant
and essential roles in the effective preparation of
teachers, including content expertise and expertise in
teaching;
``(C) a demonstration of the partnership's
capability and commitment to the use of empirically
based practice and scientifically valid research
related to teaching and learning, and the accessibility
to and involvement of faculty; and
``(D) a description of how faculty involved in the
induction program will be able to substantially
participate in an early childhood education program or
an elementary or secondary school classroom setting, as
applicable, including release time and receiving
workload credit for such participation.
``(c) Required Use of Grant Funds.--An eligible partnership that
receives a grant under this section shall use grant funds to carry out
a program for the pre-baccalaureate preparation of teachers under
subsection (d), a teaching residency program under subsection (e), a
leadership development program under subsection (f), or a combination
of two or more such programs.
``(d) Partnership Grants for Pre-Baccalaureate Preparation of
Teachers.--An eligible partnership that receives a grant to carry out
an effective program for the pre-baccalaureate preparation of teachers
shall carry out a program that includes all of the following:
``(1) Reforms.--
``(A) In general.--Implementing reforms, described
in subparagraph (B), within each teacher preparation
program and, as applicable, each preparation program
for early childhood education programs, of the eligible
partnership that is assisted under this section, to
hold each program accountable for--
``(i) preparing--
``(I) current or prospective
teachers to be highly qualified
(including teachers in rural school
districts who may teach multiple
subjects, special educators, teachers
of students who are limited English
proficient who may teach multiple
subjects, and teachers who are
qualified to teach Advanced Placement
or International Baccalaureate
courses);
``(II) such teachers and, as
applicable, early childhood educators,
to understand empirically based
practice and scientifically valid
research related to teaching and
learning and its applicability, and to
use technology effectively, including
the use of instructional techniques and
strategies, consistent with the
principles of universal design for
learning, and positive behavioral
support strategies to improve student
achievement; and
``(III) as applicable, early
childhood educators to be highly
competent; and
``(ii) promoting strong teaching skills,
including the ability to effectively teach
higher-order analytical, evaluative, problem-
solving, and communications skills, and, as
applicable, techniques for early childhood
educators to improve children's cognitive,
social, emotional, and physical development.
``(B) Required reforms.--The reforms described in
subparagraph (A) shall include--
``(i) implementing teacher preparation
program curriculum changes that improve,
evaluate, and assess how well all prospective
and new teachers develop teaching skills;
``(ii) using empirically based practice and
scientifically valid research, where
applicable, about the disciplines of teaching
and learning so that all prospective teachers
and, as applicable, early childhood educators--
``(I) can understand and implement
research-based teaching practices in
classroom-based instruction;
``(II) have knowledge of student
learning methods;
``(III) possess skills to analyze
student academic achievement data and
other measures of student learning, and
use such data and measures to improve
instruction in the classroom;
``(IV) possess teaching skills and
an understanding of effective
instructional strategies across all
applicable content areas that enable
general and special education teachers
and early childhood educators to--
``(aa) meet the specific
learning needs of all students,
including students with
disabilities, students who are
limited English proficient,
students who are gifted and
talented, students with low
literacy levels and, as
applicable, children in early
childhood education programs;
``(bb) differentiate
instruction for such students;
and
``(cc) effectively teach
high-order analytical,
evaluative, problem solving and
communications skills
appropriate for the teacher's
content or specialty area;
``(V) can effectively participate
in the individualized education program
process, as defined in section
614(d)(1)(B) of the Individuals with
Disabilities Education Act; and
``(VI) can successfully employ
effective strategies for reading
instruction using the essential
components of reading instruction;
``(iii) ensuring collaboration with
departments, programs, or units of a partner
institution outside of the teacher preparation
program in all academic content areas to ensure
that new teachers receive training in both
teaching and relevant content areas in order to
become highly qualified, which may include
training in multiple subjects to teach multiple
grade levels as may be needed for individuals
preparing to teach in rural communities;
``(iv) developing and implementing an
induction program;
``(v) developing admissions goals and
priorities aligned with the hiring objectives
of the high-need local educational agency in
the eligible partnership; and
``(vi) implementing program curriculum
changes to prepare teachers to teach Advanced
Placement or International Baccalaureate
courses.
``(2) Clinical experience and interaction.--Developing and
improving a sustained and high-quality pre-service clinical
education program to further develop the teaching skills of all
prospective teachers and, as applicable, early childhood
educators, involved in the program. Such program shall do the
following:
``(A) Incorporate year-long opportunities for
enrichment activity or a combination of activities,
including--
``(i) clinical learning in classrooms in
high-need schools served by the high-need local
educational agency in the eligible partnership
and identified by the eligible partnership; and
``(ii) closely supervised interaction
between faculty and new and experienced
teachers, principals, and other administrators
at early childhood education programs (as
applicable), elementary schools, or secondary
schools, and providing support for such
interaction.
``(B) Integrate pedagogy and classroom practice and
promote effective teaching skills in academic content
areas, which may include preparation for meeting the
unique needs of teaching in rural communities.
``(C) Provide high-quality teacher mentoring.
``(D)(i) Be offered over the course of a program of
teacher preparation;
``(ii) be tightly aligned with course work (and may
be developed as a 5th year of a teacher preparation
program); and
``(iii) where feasible, allow prospective teachers
to learn to teach in the same school district in which
the teachers will work, learning the instructional
initiatives and curriculum of that district.
``(E) Provide support and training for those
individuals participating in an activity for
prospective teachers described in this paragraph or
paragraph (1) or (3), and for those who serve as
mentors for such teachers, based on each individual's
experience. Such support may include--
``(i) with respect to a prospective teacher
or a mentor, release time for such individual's
participation;
``(ii) with respect to a faculty member,
receiving course workload credit and
compensation for time teaching in the eligible
partnership's activities; and
``(iii) with respect to a mentor, a
stipend, which may include bonus, differential,
or incentive pay, based on their extra skills
and responsibilities.
``(3) Induction programs for new teachers.--Creating an
induction program for new teachers, or, in the case of an early
childhood education program, providing mentoring or coaching
for new early childhood educators.
``(4) Support and training for participants in early
childhood education programs.--In the case of an eligible
partnership focusing on early childhood educator preparation,
implementing initiatives that increase compensation for early
childhood educators who attain associate or baccalaureate
degrees in early childhood education.
``(5) Teacher recruitment.--Developing and implementing
effective mechanisms (which may include alternative routes to
State certification of teachers) to ensure that the eligible
partnership is able to recruit qualified individuals to become
highly qualified teachers through the activities of the
eligible partnership, which may include an emphasis on
recruiting into the teaching profession--
``(A) underrepresented populations;
``(B) individuals to teach in rural communities and
teacher shortage areas, including mathematics, science,
special education, and instruction of limited English
proficient students; and
``(C) mid-career professionals from other
occupations, former military personnel, and recent
college graduates with proven records of academic
distinction.
``(6) Literacy training.--Developing and implementing a
program to strengthen content knowledge and teaching skills of
elementary and secondary school teachers or literacy coaches
that--
``(A) provides teacher training in reading
instruction for elementary or secondary school teachers
or literacy coaches who--
``(i) train classroom teachers to implement
literacy programs; or
``(ii) tutor students with intense
individualized reading, writing, and subject
matter instruction during or beyond the school
day;
``(B) develops or redesigns rigorous evidenced-
based reading curricula that are aligned with
challenging State academic content standards, as
required under section 1111(b)(1) of the Elementary and
Secondary Education Act of 1965, and with postsecondary
standards for reading and writing;
``(C) provides opportunities for teachers to plan
and assess instruction with other teachers, school
leaders, and faculty at institutions of higher
education;
``(D) provides training and professional
development for principals to prepare them to
understand the teaching of reading, guide instruction,
and foster school improvement; and
``(E) establishes an evaluation and accountability
plan for activities conducted under this paragraph to
measure the impact of such activities.
``(e) Partnership Grants for the Establishment of Teaching
Residency Programs.--
``(1) In general.--An eligible partnership receiving a
grant to carry out an effective teaching residency program
shall carry out a program that includes all of the following
activities:
``(A) Supporting a teaching residency program
described in paragraph (2) for high-need subjects and
areas, as determined by the needs of the high-need
local educational agency in the partnership.
``(B) Where feasible, attempt to place graduates of
the teaching residency program in cohorts that
facilitate professional collaboration, both among
graduates of the teaching residency program and between
such graduates and mentor teachers in the receiving
school.
``(C) Ensuring that teaching residents that
participated in the teaching residency program
receive--
``(i) effective pre-service preparation as
described in paragraph (2);
``(ii) teacher mentoring;
``(iii) induction through the induction
program as the teaching residents enter the
classroom as new teachers; and
``(iv) the preparation described in
subparagraphs (A), (B), and (C) of subsection
(d)(2).
``(2) Teaching residency programs.--
``(A) Establishment and design.--A teaching
residency program under this subsection shall be a
program based upon models of successful teaching
residencies that serves as a mechanism to prepare
teachers for success in the high-need schools in the
eligible partnership, and shall be designed to include
the following characteristics of successful programs:
``(i) The integration of pedagogy,
classroom practice, and teacher mentoring.
``(ii) Engagement of teaching residents in
rigorous graduate-level course work to earn a
master's degree while undertaking a guided
teaching apprenticeship.
``(iii) Experience and learning
opportunities alongside a trained and
experienced mentor teacher--
``(I) whose teaching shall
complement the residency program so
that classroom clinical practice is
tightly aligned with course work;
``(II) who shall have extra
responsibilities as a teacher leader of
the teaching residency program, as a
mentor for residents, and as a teacher
coach during the induction program for
novice teachers, and for establishing,
within the program, a learning
community in which all individuals are
expected to continually improve their
capacity to advance student learning;
and
``(III) who may have full relief
from teaching duties as a result of
such additional responsibilities.
``(iv) The establishment of clear criteria
for the selection of mentor teachers based on
measures of teacher effectiveness and the
appropriate subject area knowledge. Evaluation
of teacher effectiveness shall be based on, but
is not required to include all of, the
observations of such domains of teaching, which
may include the following:
``(I) Planning and preparation,
including demonstrated knowledge of
content, pedagogy, and assessment,
including the use of formative
assessments to improve student
learning.
``(II) Appropriate instruction that
engages students with different
learning styles, including students
with disabilities.
``(III) Collaboration with
colleagues to improve instruction.
``(IV) Analysis of gains in student
learning, based on multiple measures,
that, when feasible, may include valid
and reliable objective measures of the
influence of teachers on the rate of
student academic progress.
``(V) In the case of mentor
candidates who will be mentoring
current or future literacy and
mathematics coaches or instructors,
appropriate skills in the essential
components of reading instruction,
teacher training in literacy
instructional strategies across core
subject areas, and teacher training in
mathematics instructional strategies,
as appropriate.
``(v) Grouping of teaching residents in
cohorts to facilitate professional
collaboration among such residents.
``(vi) The development of admissions goals
and priorities aligned with the hiring
objectives of the local educational agency
partnering with the program, as well as the
instructional initiatives and curriculum of the
agency, in exchange for a commitment by the
agency to hire graduates from the teaching
residency program.
``(vii) Support for residents, once the
teaching residents are hired as teachers of
record, through an induction program,
professional development, and networking
opportunities to support the residents through
not less than the residents' first 2 years of
teaching.
``(viii) Admission goals and priorities
which may include consideration of applicants
who reflect the communities in which they will
teach as well as consideration of individuals
from underrepresented populations in the
teaching profession.
``(B) Selection of individuals as teacher
residents.--
``(i) Eligible individual.--In order to be
eligible to be a teacher resident in a teaching
residency program under this subsection, an
individual shall--
``(I) be a recent graduate of a 4-
year institution of higher education or
a mid-career professional from outside
the field of education possessing
strong content knowledge or a record of
professional accomplishment; and
``(II) submit an application to the
teaching residency program.
``(ii) Selection criteria.--An eligible
partnership carrying out a teaching residency
program under this subsection shall establish
criteria for the selection of eligible
individuals to participate in the teaching
residency program based on the following
characteristics:
``(I) Strong content knowledge or
record of accomplishment in the field
or subject area to be taught.
``(II) Strong verbal and written
communication skills, which may be
demonstrated by performance on
appropriate tests.
``(III) Other attributes linked to
effective teaching, which may be
determined by interviews or performance
assessments, as specified by the
eligible partnership.
``(C) Stipends; applications; agreements;
repayments.--
``(i) Stipend.--A teaching residency
program under this paragraph shall provide a 1-
year living stipend or salary to teaching
residents during the 1-year teaching residency
program. The stipend or salary shall be
provided for no longer than 1 year.
``(ii) Applications for stipends.--Each
teacher residency candidate desiring a stipend
or salary during the period of residency shall
submit an application to the eligible
partnership at such time, and containing such
information and assurances, as the eligible
partnership may require.
``(iii) Agreements to serve.--Each
application submitted under clause (ii) shall
contain or be accompanied by an agreement that
the applicant will--
``(I) serve as a full-time teacher
for a total of not less than 3 academic
years after successfully completing the
teaching residency program;
``(II) teach in a high-need school
served by the high-need local
educational agency in the eligible
partnership;
``(III) teach in a field designated
as high-need by the eligible
partnership;
``(IV) provide to the eligible
partnership a certificate, from the
chief administrative officer of the
school at which the resident is
employed, of the employment required in
subclauses (I), (II), and (III), at the
beginning of, and upon completion of,
each year or partial year of service;
``(V) be a highly qualified
teacher, as defined in section 9101 of
the Elementary and Secondary Education
Act of 1965, when the applicant begins
to fulfill the service obligation under
this clause; and
``(VI) comply with the requirements
set by the eligible partnership under
clause (iv) if the applicant is unable
or unwilling to complete the service
obligation required by this clause.
``(iv) Repayments.--
``(I) In general.--An eligible
partnership carrying out a teaching
residency program under this subsection
shall require a recipient of a stipend
or salary under this subparagraph who
does not complete the service
obligation required by clause (iii) to
repay the stipend or salary to the
eligible partnership, together with
interest thereon accruing from the date
of the stipend or salary award, and in
accordance with such other terms and
conditions specified by the eligible
partnership, as necessary.
``(II) Other terms and
conditions.--Any other terms and
conditions specified by the eligible
partnership may include reasonable
provisions for deferral of a teaching
resident's service obligation required
by clause (iii) on grounds of health,
incapacitation, inability to secure
employment in a school served by the
eligible partnership, or other
extraordinary circumstances.
``(III) Use of repayments.--An
eligible partnership shall use any
repayment received under this clause to
carry out additional activities that
are consistent with the purposes of
this subsection.
``(f) Partnership Grants for the Development of Leadership
Programs.--
``(1) In general.--An eligible partnership receiving a
grant to carry out an effective leadership program shall carry
out a program that includes all of the following activities:
``(A) Preparing students currently enrolled or
preparing to enroll in education administration
programs in preparation for careers as superintendents,
principals, or other school administrators (including
students preparing to work in rural local educational
agencies (as such term is defined in section 872 of
this Act) who may perform multiple duties in addition
to the role of administrator).
``(B) Promoting strong administrative skills and,
as applicable, techniques for education administrators
to improve the school environment and effectively
manage schools.
``(C) Ensuring that students who participate in the
leadership program receive--
``(i) effective pre-service preparation as
described in subparagraph (D); and
``(ii) mentoring by educational
administrators.
``(D) Developing and improving a sustained and
high-quality pre-service clinical education program to
further develop the leadership skills of all
prospective educational administrators involved in the
program. Such program shall do the following:
``(i) Incorporate year-long opportunities
for enrichment activity or a combination of
activities, including--
``(I) clinical learning in high-
need schools served by the high-need
local educational agency in the
eligible partnership and identified by
the eligible partnership; and
``(II) closely supervised
interaction between faculty and new and
experienced teachers, principals, and
other administrators in high-need
schools served by the high-need local
educational agency in the eligible
partnership and identified by the
eligible partnership.
``(ii) Integrate pedagogy and practice and
promote effective administrative skills for
meeting the unique needs of rural and
geographically isolated communities.
``(iii) Educational administrator
mentoring.
``(E) Creating an induction program for new
administrators.
``(F) Developing and implementing effective
mechanisms to ensure that the eligible partnership is
able to recruit qualified individuals to become
educational administrators through the activities of
the eligible partnership, which may include an emphasis
on recruiting into the education administration
profession--
``(i) underrepresented populations;
``(ii) individuals to serve as
superintendents, principals, or other school
administrators in rural and geographically
isolated communities and shortage areas; or
``(iii) mid-career professionals from other
occupations, former military personnel, and
recent college graduates with proven records of
academic distinction.
``(2) Selection of individuals for the leadership
program.--In order to be eligible for the leadership program
under this subsection, an individual shall--
``(A) be enrolled in or preparing to enroll in an
institution of higher education, or a recent graduate
of an institution of higher education, or a mid-career
professional from outside the field of education
possessing strong content knowledge or a record of
professional accomplishment;
``(B) be current teachers who would like to become
principals or principals who would like to be
superintendents; and
``(C) submit an application to the leadership
program.
``(g) Consultation.--
``(1) In general.--Members of an eligible partnership that
receives a grant under this section shall engage in regular
consultation throughout the development and implementation of
programs and activities under this section.
``(2) Regular communication.--To ensure timely and
meaningful consultation, regular communication shall occur
among all members of the eligible partnership, including the
high-need local educational agency. Such communication shall
continue throughout the implementation of the grant and the
assessment of programs and activities under this section.
``(3) Written consent.--The Secretary may approve changes
in grant activities of a grant under this section only if a
written consent signed by all members of the eligible
partnership is submitted to the Secretary.
``(h) Construction.--Nothing in this section shall be construed to
prohibit an eligible partnership from using grant funds to coordinate
with the activities of eligible partnerships in other States or on a
regional basis through Governors, State boards of education, State
educational agencies, State agencies responsible for early childhood
education, local educational agencies, or State agencies for higher
education.
``(i) Supplement, Not Supplant.--Funds made available to carry out
this section shall be used to supplement, and not supplant, other
Federal, State, and local funds that would otherwise be expended to
carry out activities under this section.
``SEC. 203. ADMINISTRATIVE PROVISIONS.
``(a) Duration; Number of Awards; Payments.--
``(1) Duration.--A grant awarded under this part shall be
awarded for a period of 5 years.
``(2) Number of awards.--An eligible partnership may not
receive more than 1 grant during a 5-year period. Nothing in
this title shall be construed to prohibit an individual member,
that can demonstrate need, of an eligible partnership that
receives a grant under this title from entering into another
eligible partnership consisting of new members and receiving a
grant with such other eligible partnership before the 5-year
period described in the preceding sentence applicable to the
eligible partnership with which the individual member has first
partnered has expired.
``(3) Payments.--The Secretary shall make annual payments
of grant funds awarded under this part.
``(b) Peer Review.--
``(1) Panel.--The Secretary shall provide the applications
submitted under this part to a peer review panel for
evaluation. With respect to each application, the peer review
panel shall initially recommend the application for funding or
for disapproval.
``(2) Priority.--In recommending applications to the
Secretary for funding under this part, the panel shall give
priority--
``(A) to partnerships that include an institution
of higher education whose teacher preparation program
has a rigorous selection process to ensure the highest
quality of students entering such programs; and
``(B)(i) to applications from broad-based eligible
partnerships that involve businesses and community
organizations; or
``(ii) to eligible partnerships so that the awards
promote an equitable geographic distribution of grants
among rural and urban areas.
``(3) Secretarial selection.--The Secretary shall
determine, based on the peer review process, which applications
shall receive funding and the amounts of the grants. In
determining the grant amount, the Secretary shall take into
account the total amount of funds available for all grants
under this part and the types of activities proposed to be
carried out by the eligible partnership.
``(c) Matching Requirements.--
``(1) In general.--Each eligible partnership receiving a
grant under this part shall provide, from non-Federal sources,
an amount equal to 100 percent of the amount of the grant,
which may be provided in cash or in-kind, to carry out the
activities supported by the grant.
``(2) Waiver.--The Secretary may waive all or part of the
matching requirement described in paragraph (1) for any fiscal
year for an eligible partnership, if the Secretary determines
that applying the matching requirement to the eligible
partnership would result in serious hardship or an inability to
carry out the authorized activities described in this part.
``(d) Limitation on Administrative Expenses.--An eligible
partnership that receives a grant under this part may use not more than
2 percent of the grant funds for purposes of administering the grant.
``SEC. 204. ACCOUNTABILITY AND EVALUATION.
``(a) Eligible Partnership Evaluation.--Each eligible partnership
submitting an application for a grant under this part shall establish
and include in such application an evaluation plan that includes strong
performance objectives. The plan shall include objectives and measures
for increasing--
``(1) student achievement for all students as measured by
the eligible partnership;
``(2) teacher retention in the first 3 years of a teacher's
career;
``(3) improvement in the pass rates and scaled scores for
initial State certification or licensure of teachers; and
``(4)(A) the percentage of highly qualified teachers hired
by the high-need local educational agency participating in the
eligible partnership;
``(B) the percentage of such teachers who are members of
underrepresented groups;
``(C) the percentage of such teachers who teach high-need
academic subject areas (such as reading, mathematics, science,
and foreign languages, including less commonly taught languages
and critical foreign languages);
``(D) the percentage of such teachers who teach in high-
need areas (including special education, language instruction
educational programs for limited English proficient students,
and early childhood education);
``(E) the percentage of such teachers in high-need schools,
disaggregated by the elementary, middle, and high school
levels;
``(F) as applicable, the percentage of early childhood
education program classes in the geographic area served by the
eligible partnership taught by early childhood educators who
are highly competent; and
``(G) as applicable, the number of teachers trained
effectively to integrate technology into curricula and
instruction, including technology consistent with the
principles of universal design for learning, and who use
technology to collect, manage, and analyze data to improve
teaching, learning, and decision making for the purpose of
improving student academic achievement.
``(b) Information.--An eligible partnership receiving a grant under
this part shall ensure that teachers, principals, school
superintendents, and faculty and leadership at institutions of higher
education located in the geographic areas served by the eligible
partnership are provided information about the activities carried out
with funds under this part, including through electronic means.
``(c) Revocation of Grant.--If the Secretary determines that an
eligible partnership receiving a grant under this part is not making
substantial progress in meeting the purposes, goals, objectives, and
measures, as appropriate, of the grant by the end of the third year of
a grant under this part, then the Secretary shall require such eligible
partnership to submit a revised application that identifies the steps
the partnership will take to make substantial progress to meet the
purposes, goals, objectives, and measures, as appropriate, of this
part.
``(d) Evaluation and Dissemination.--The Secretary shall evaluate
the activities funded under this part and report the findings regarding
the evaluation of such activities to the authorizing committees. The
Secretary shall broadly disseminate--
``(1) successful practices developed by eligible
partnerships under this part; and
``(2) information regarding such practices that were found
to be ineffective.
``SEC. 205. ACCOUNTABILITY FOR PROGRAMS THAT PREPARE TEACHERS.
``(a) Institutional and Program Report Cards on the Quality of
Teacher Preparation.--
``(1) Report card.--Each institution of higher education
that conducts a traditional teacher preparation program or
alternative routes to State certification or licensure program
and that enrolls students receiving Federal assistance under
this Act shall report annually to the State and the general
public, in a uniform and comprehensible manner that conforms
with the definitions and methods established by the Secretary,
both for traditional teacher preparation programs and
alternative routes to State certification or licensure
programs, the following information:
``(A) Pass rates and scaled scores.--For the most
recent year for which the information is available for
those students who took the assessments and are
enrolled in the traditional teacher preparation program
or alternative routes to State certification or
licensure program, and for those who have taken the
assessments and have completed the traditional teacher
preparation program or alternative routes to State
certification or licensure program during the 2-year
period preceding such year, for each of the assessments
used for teacher certification or licensure by the
State in which the program is located--
``(i) the percentage of students who have
completed 100 percent of the nonclinical course
work and taken the assessment who pass such
assessment;
``(ii) the percentage of all such students
who passed each such assessment;
``(iii) the percentage of students taking
an assessment who enrolled in and completed the
teacher preparation program;
``(iv) the average scaled score for all
students who took each such assessment;
``(v) a comparison of the program's pass
rates with the average pass rates for programs
in the State; and
``(vi) a comparison of the program's
average scaled scores with the average scaled
scores for programs in the State.
``(B) Program information.--The criteria for
admission into the program, the number of students in
the program (disaggregated by race, ethnicity, and
gender), the average number of hours of supervised
clinical experience required for those in the program,
the number of full-time equivalent faculty and students
in the supervised clinical experience, and the total
number of students who have been certified or licensed
as teachers, disaggregated by subject and area of
certification or licensure.
``(C) Statement.--In States that require approval
or accreditation of teacher preparation programs, a
statement of whether the institution's program is so
approved or accredited, and by whom.
``(D) Designation as low-performing.--Whether the
program has been designated as low-performing by the
State under section 208(a).
``(E) Use of technology.--A description of the
activities that prepare teachers to effectively
integrate technology into curricula and instruction and
effectively use technology to collect, manage, and
analyze data in order to improve teaching, learning,
and decision making for the purpose of increasing
student academic achievement.
``(F) Teacher training.--A description of the
activities that prepare general and special education
teachers to effectively teach students with
disabilities, including training related to
participation as a member of individualized education
program teams, as defined in section 614(d)(1)(B) of
the Individuals with Disabilities Education Act, and to
effectively teach students with limited English
proficiency.
``(2) Report.--Each eligible partnership receiving a grant
under section 202 shall report annually on the progress of the
eligible partnership toward meeting the purposes of this part
and the objectives and measures described in section 204(a).
``(3) Fines.--The Secretary may impose a fine not to exceed
$25,000 on an institution of higher education for failure to
provide the information described in this subsection in a
timely or accurate manner.
``(4) Special rule.--In the case of an institution of
higher education that conducts a traditional teacher
preparation program or alternative routes to State
certification or licensure program and has fewer than 10 scores
reported on any single initial teacher certification or
licensure assessment during an academic year, the institution
shall collect and publish information, as required under
paragraph (1)(A), with respect to an average pass rate and
scaled score on each State certification or licensure
assessment taken over a 3-year period.
``(b) State Report Card on the Quality of Teacher Preparation.--
``(1) In general.--Each State that receives funds under
this Act shall provide to the Secretary, annually, in a uniform
and comprehensible manner that conforms with the definitions
and methods established by the Secretary, a State report card
on the quality of teacher preparation in the State, both for
traditional teacher preparation programs and for alternative
routes to State certification or licensure programs, which
shall include not less than the following:
``(A) A description of the reliability and validity
of the teacher certification and licensure assessments,
and any other certification and licensure requirements,
used by the State.
``(B) The standards and criteria that prospective
teachers must meet to attain initial teacher
certification or licensure and to be certified or
licensed to teach particular academic subject areas or
in particular grades within the State.
``(C) A description of how the assessments and
requirements described in subparagraph (A) are aligned
with the State's challenging academic content standards
required under section 1111(b)(1) of the Elementary and
Secondary Education Act of 1965 and State early
learning standards for early childhood education
programs.
``(D) For each of the assessments used by the State
for teacher certification or licensure--
``(i) for each institution of higher
education located in the State and each entity
located in the State that offers an alternative
route for teacher certification or licensure,
the percentage of students at such institution
or entity who have completed 100 percent of the
nonclinical course work and taken the
assessment who pass such assessment;
``(ii) the percentage of all such students
at all such institutions taking the assessment
who pass such assessment; and
``(iii) the percentage of students taking
an assessment who enrolled in and completed the
teacher preparation program.
``(E) A description of alternative routes to
teacher certification or licensure in the State
(including any such routes operated by entities that
are not institutions of higher education), if any,
including, for each of the assessments used by the
State for teacher certification or licensure--
``(i) the percentage of individuals
participating in such routes, or who have
completed such routes during the 2-year period
preceding the date of the determination, who
passed each such assessment; and
``(ii) the average scaled score of
individuals participating in such routes, or
who have completed such routes during the
period preceding the date of the determination,
who took each such assessment.
``(F) A description of the State's criteria for
assessing the performance of teacher preparation
programs within institutions of higher education in the
State. Such criteria shall include indicators of the
academic content knowledge and teaching skills of
students enrolled in such programs.
``(G) For each teacher preparation program in the
State, the criteria for admission into the program, the
number of students in the program, disaggregated by
race, ethnicity, and gender (except that such
disaggregation shall not be required in a case in which
the number of students in a category is insufficient to
yield statistically reliable information or the results
would reveal personally identifiable information about
an individual student), the average number of hours of
supervised clinical experience required for those in
the program, and the number of full-time equivalent
faculty, adjunct faculty, and students in supervised
clinical experience.
``(H) For the State as a whole, and for each
teacher preparation program in the State, the number of
teachers prepared, in the aggregate and reported
separately by--
``(i) area of certification or licensure;
``(ii) academic major; and
``(iii) subject area for which the teacher
has been prepared to teach.
``(I) Using the data generated under subparagraphs
(G) and (H), a description of the extent to which
teacher preparation programs are helping to address
shortages of highly qualified teachers, by area of
certification or licensure, subject, and specialty, in
the State's public schools.
``(J) A description of the activities that prepare
general and special education teachers to effectively
teach students with disabilities, including training
related to participation as a member of individualized
education program teams, as defined in section
614(d)(1)(B) of the Individuals with Disabilities
Education Act.
``(K) A description of the activities that prepare
teachers to effectively integrate technology into
curricula and instruction and effectively use
technology to collect, manage, and analyze data to
improve teaching, learning, and decision making for the
purpose of increasing student academic achievement.
``(L) A description of the activities that prepare
general education and special education teachers to
effectively teach students with limited English
proficiency.
``(2) Prohibition against creating a national list.--The
Secretary shall not create a national list or ranking of
States, institutions, or schools using the scaled scores
provided under this subsection.
``(c) Data Quality.--The Secretary shall prescribe regulations
requiring practices and procedures to ensure the reliability, validity,
integrity, and accuracy of the data submitted pursuant to this section.
``(d) Report of the Secretary on the Quality of Teacher
Preparation.--
``(1) Report card.--The Secretary shall provide to
Congress, and publish and make widely available, a report card
on teacher qualifications and preparation in the United States,
including all the information reported in subparagraphs (A)
through (L) of subsection (b)(1). Such report shall identify
States for which eligible partnerships received a grant under
this part. Such report shall be so provided, published, and
made available annually.
``(2) Report to congress.--The Secretary shall prepare and
submit a report to Congress that contains the following:
``(A) A comparison of States' efforts to improve
the quality of the current and future teaching force.
``(B) A comparison of eligible partnerships'
efforts to improve the quality of the current and
future teaching force.
``(C) The national mean and median scaled scores
and pass rate on any standardized test that is used in
more than 1 State for teacher certification or
licensure.
``(3) Special rule.--In the case of a teacher preparation
program with fewer than 10 scores reported on any single
initial teacher certification or licensure assessment during an
academic year, the Secretary shall collect and publish
information, and make publicly available, with respect to an
average pass rate and scaled score on each State certification
or licensure assessment taken over a 3-year period.
``(e) Coordination.--The Secretary, to the extent practicable,
shall coordinate the information collected and published under this
part among States for individuals who took State teacher certification
or licensure assessments in a State other than the State in which the
individual received the individual's most recent degree.
``SEC. 206. TEACHER DEVELOPMENT.
``(a) Annual Goals.--Each institution of higher education that
conducts a traditional teacher preparation program (including programs
that offer any ongoing professional development programs) or
alternative routes to State certification or licensure program, and
that enrolls students receiving Federal assistance under this Act,
shall set annual quantifiable goals for--
``(1) increasing the number of prospective teachers trained
in teacher shortage areas designated by the State educational
agency, including mathematics, science, special education, and
instruction of limited English proficient students; and
``(2) more closely linking the training provided by the
institution with the needs of schools and the instructional
decisions new teachers face in the classroom.
``(b) Assurance.--Each institution described in subsection (a)
shall provide an assurance to the Secretary that--
``(1) training provided to prospective teachers responds to
the identified needs of the local educational agencies or
States where the institution's graduates are likely to teach,
based on past hiring and recruitment trends;
``(2) prospective special education teachers receive course
work in core academic subjects and receive training in
providing instruction in core academic subjects;
``(3) general education teachers receive training in
providing instruction to diverse populations, including
children with disabilities, limited English proficient
students, and children from low-income families; and
``(4) prospective teachers receive training on how to
effectively teach in urban and rural schools, as applicable.
``(c) Public Reporting.--As part of the annual report card required
under section 205(a)(1), an institution of higher education described
in subsection (a) shall publicly report whether the goals established
under such subsection have been met.
``SEC. 207. STATE FUNCTIONS.
``(a) State Assessment.--In order to receive funds under this Act,
a State shall have in place a procedure to conduct an assessment to
identify and assist, through the provision of technical assistance,
low-performing programs of teacher preparation. Such State shall
provide the Secretary an annual list of such low-performing teacher
preparation programs that includes an identification of those programs
at risk of being placed on such list. Such assessment shall be
described in the report under section 205(b). Levels of performance
shall be determined solely by the State and may include criteria based
on information collected pursuant to this part including progress in
meeting the goals of--
``(1) increasing the percentage of highly qualified
teachers in the State, including increasing professional
development opportunities;
``(2) improving student achievement for all students; and
``(3) raising the standards for entry into the teaching
profession.
``(b) Termination of Eligibility.--Any program of teacher
preparation from which the State has withdrawn the State's approval, or
terminated the State's financial support, due to the low performance of
the program based upon the State assessment described in subsection
(a)--
``(1) shall be ineligible for any funding for professional
development activities awarded by the Department;
``(2) shall not be permitted to accept or enroll any
student that receives aid under title IV in the institution's
teacher preparation program; and
``(3) shall provide transitional support, including
remedial services if necessary, for students enrolled at the
institution at the time of termination of financial support or
withdrawal of approval.
``(c) Negotiated Rulemaking.--If the Secretary develops any
regulations implementing subsection (b)(2), the Secretary shall submit
such proposed regulations to a negotiated rulemaking process, which
shall include representatives of States, institutions of higher
education, and educational and student organizations.
``(d) Application of the Requirements.--The requirements of this
section shall apply to both traditional teacher preparation programs
and alternative routes to State certification and licensure programs.
``SEC. 208. GENERAL PROVISIONS.
``(a) Methods.--In complying with sections 205 and 207, the
Secretary shall ensure that States and institutions of higher education
use fair and equitable methods in reporting and that the reporting
methods do not allow identification of individuals.
``(b) Special Rule.--For each State that does not use content
assessments as a means of ensuring that all teachers teaching in core
academic subjects within the State are highly qualified, as required
under section 1119 of the Elementary and Secondary Education Act of
1965 and in accordance with the State plan submitted or revised under
section 1111 of such Act, or that each person employed as a special
education teacher in the State who teaches elementary school, middle
school, or secondary school is highly qualified by the deadline, as
required under section 612(a)(14)(C) of the Individuals with
Disabilities Education Act--
``(1) the Secretary shall, to the extent practicable,
collect data comparable to the data required under this part
from States, local educational agencies, institutions of higher
education, or other entities that administer such assessments
to teachers or prospective teachers; and
``(2) notwithstanding any other provision of this part, the
Secretary shall use such data to carry out requirements of this
part related to assessments, pass rates, and scaled scores.
``(c) Release of Information to Teacher Preparation Programs.--
``(1) In general.--For the purpose of improving teacher
preparation programs, a State educational agency that receives
funds under this Act, or that participates as a member of a
partnership, consortium, or other entity that receives such
funds, shall provide to a teacher preparation program, upon the
request of the teacher preparation program, any and all
pertinent education-related information that--
``(A) may enable the teacher preparation program to
evaluate the effectiveness of the program's graduates
or the program itself; and
``(B) is possessed, controlled, or accessible by
the State educational agency.
``(2) Content of information.--The information described in
paragraph (1)--
``(A) shall include an identification of specific
individuals who graduated from the teacher preparation
program to enable the teacher preparation program to
evaluate the information provided to the program from
the State educational agency with the program's own
data about the specific courses taken by, and field
experiences of, the individual graduates; and
``(B) may include--
``(i) kindergarten through grade 12
academic achievement and demographic data,
without revealing personally identifiable
information about an individual student, for
students who have been taught by graduates of
the teacher preparation program; and
``(ii) teacher effectiveness evaluations
for teachers who graduated from the teacher
preparation program.
``(d) Limitations.--
``(1) Federal control prohibited.--Nothing in this part
shall be construed to permit, allow, encourage, or authorize
any Federal control over any aspect of any private, religious,
or home school (whether or not a home school is treated as a
private school or home school under State law). This section
shall not be construed to prohibit private, religious, or home
schools from participation in programs or services under this
part.
``(2) No change in state control encouraged or required.--
Nothing in this part shall be construed to encourage or require
any change in a State's treatment of any private, religious, or
home school (whether or not a home school is treated as a
private school or home school under State law).
``(3) National system of teacher certification
prohibited.--Nothing in this part shall be construed to permit,
allow, encourage, or authorize the Secretary to establish or
support any national system of teacher certification.
``SEC. 209. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to carry out this part
$300,000,000 for fiscal year 2009 and such sums as may be necessary for
each of the 2 succeeding fiscal years.
``PART B--PREPARING TEACHERS FOR DIGITAL AGE LEARNERS
``SEC. 221. PROGRAM AUTHORIZED.
``(a) Program Authority.--The Secretary is authorized to award
grants to, or enter into contracts or cooperative agreements with,
eligible consortia to pay the Federal share of the costs of projects
to--
``(1) graduate teacher candidates who are prepared to use
modern information, communication, and learning tools to--
``(A) improve student learning, assessment, and
learning management; and
``(B) help students develop learning skills to
succeed in higher education and to enter the workforce;
``(2) strengthen and develop partnerships among the
stakeholders in teacher preparation to transform teacher
education and ensure technology rich learning environments
throughout a teacher candidate's pre-service education,
including clinical experiences; and
``(3) assess the effectiveness of departments, schools, and
colleges of education at institutions of higher education in
preparing teacher candidates for successful implementation of
technology-rich teaching-learning environments, including
environments consistent with the principles of universal design
for learning, that enable kindergarten through grade 12
students to develop learning skills to succeed in higher
education and to enter the workforce.
``(b) Amount and Duration.--A grant, contract, or cooperative
agreement under this part--
``(1) shall be for not more than $2,000,000;
``(2) shall be for a 3-year period; and
``(3) may be renewed for one additional year.
``(c) Non-Federal Share Requirement.--The Federal share of the cost
of any project funded under this part shall not exceed 75 percent. The
non-Federal share of the cost of such project may be provided in cash
or in kind, fairly evaluated, including services.
``(d) Definition of Eligible Consortium.--In this part, the term
`eligible consortium' means a consortium of members that includes the
following:
``(1) At least one institution of higher education that
awards baccalaureate or masters degrees and prepares teachers
for initial entry into teaching.
``(2) At least one State educational agency or local
educational agency.
``(3) A department, school, or college of education at an
institution of higher education.
``(4) A department, school, or college of arts and sciences
at an institution of higher education.
``(5) At least one entity with the capacity to contribute
to the technology-related reform of teacher preparation
programs, which may be a professional association, foundation,
museum, library, for-profit business, public or private
nonprofit organization, community-based organization, or other
entity.
``SEC. 222. USES OF FUNDS.
``(a) In General.--An eligible consortium that receives a grant or
enters into a contract or cooperative agreement under this part shall
use funds made available under this part to carry out a project that--
``(1) develops long-term partnerships among members of the
consortium that are focused on effective teaching with modern
digital tools and content that substantially connect pre-
service preparation of teacher candidates with high-needs
schools; or
``(2) transforms the way departments, schools, and colleges
of education teach classroom technology integration, including
the principles of universal design, to teacher candidates.
``(b) Uses of Funds for Partnership Grants.--In carrying out a
project under subsection (a)(1), an eligible consortium shall--
``(1) provide teacher candidates, early in their
preparation, with field experiences in educational settings
with technology;
``(2) build the skills of teacher candidates to support
technology-rich instruction, assessment and learning management
in content areas, technology literacy, an understanding of the
principles of universal design, and the development of other
skills for entering the workforce;
``(3) provide professional development in the use of
technology for teachers, administrators, and content
specialists who participate in field placement;
``(4) provide professional development of technology
pedagogical skills for faculty of departments, schools, and
colleges of education and arts and sciences;
``(5) implement strategies for the mentoring of teacher
candidates with respect to technology implementation by members
of the consortium;
``(6) evaluate teacher candidates during the first years of
teaching to fully assess outcomes of the project;
``(7) build collaborative learning communities for
technology integration within the consortium to sustain
meaningful applications of technology in the classroom during
teacher preparation and early career practice; and
``(8) evaluate the effectiveness of the project.
``(c) Uses of Funds for Transformation Grants.--In carrying out a
project under subsection (a)(2), an eligible consortium shall--
``(1) redesign curriculum to require collaboration between
the department, school, or college of education faculty and the
department, school, or college of arts and sciences faculty who
teach content or methods courses for training teacher
candidates;
``(2) collaborate between the department, school, or
college of education faculty and the department, school, or
college of arts and science faculty and academic content
specialists at the local educational agency to educate pre-
service teachers who can integrate technology and pedagogical
skills in content areas;
``(3) collaborate between the department, school, or
college of education faculty and the department, school, or
college of arts and sciences faculty who teach courses to pre-
service teachers to--
``(A) develop and implement a plan for pre-service
teachers and continuing educators that demonstrates
effective instructional strategies and application of
such strategies in the use of digital tools to
transform the teaching and learning process; and
``(B) better reach underrepresented pre-service
teacher populations with programs that connect such
pre-service teacher populations with applications of
technology;
``(4) collaborate among faculty and students to create and
disseminate case studies of technology applications in
classroom settings with a goal of improving student achievement
in high-need schools;
``(5) provide additional technology resources for pre-
service teachers to plan and implement technology applications
in classroom settings that provide evidence of student
learning; and
``(6) bring together expertise from departments, schools,
or colleges of education, arts and science faculty, and
academic content specialists at the local educational agency to
share and disseminate technology applications in the classroom
through teacher preparation and into early career practice.
``SEC. 223. APPLICATION REQUIREMENTS.
``To be eligible to receive a grant or enter into a contract or
cooperative agreement under this part, an eligible consortium shall
submit an application to the Secretary at such time, in such manner,
and containing such information as the Secretary may require. Such
application shall include the following:
``(1) A description of the project to be carried out with
the grant, including how the project will--
``(A) develop a long-term partnership focused on
effective teaching with modern digital tools and
content that substantially connects pre-service
preparation of teacher candidates with high-need
schools; or
``(B) transform the way departments, schools, and
colleges of education teach classroom technology
integration, including the principles of universal
design, to teacher candidates.
``(2) A demonstration of--
``(A) the commitment, including the financial
commitment, of each of the members of the consortium
for the proposed project; and
``(B) the support of the leadership of each
organization that is a member of the consortium for the
proposed project.
``(3) A description of how each member of the consortium
will participate in the project.
``(4) A description of how the State or local educational
agency will incorporate the project into the agency's
technology plan, if such a plan already exists.
``(5) A description of how the project will be continued
after Federal funds are no longer available under this part for
the project.
``(6) A description of how the project--
``(A) will incorporate State teacher technology
standards; and
``(B) will incorporate State student technology
standards.
``(7) A plan for the evaluation of the project, which shall
include benchmarks to monitor progress toward specific project
objectives.
``SEC. 224. EVALUATION.
``Not less than 10 percent of the funds awarded to an eligible
consortium to carry out a project under this part shall be used to
evaluate the effectiveness of such project.
``SEC. 225. AUTHORIZATION OF APPROPRIATIONS.
``There is authorized to be appropriated $100,000,000 to carry out
this part for fiscal year 2009 and such sums as may be necessary for
each of the 2 succeeding fiscal years.
``PART C--ENHANCING TEACHER EDUCATION
``SEC. 240. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to carry out this part
such sums as may be necessary for fiscal year 2009 and each of the 4
succeeding fiscal years.
``Subpart 1--Recruiting Teachers With Math, Science, or Language Majors
``SEC. 241. PROGRAM AUTHORIZED.
``(a) Grants Authorized.--From the amounts appropriated under
section 240, the Secretary shall make competitive grants to
institutions of higher education to improve the availability,
recruitment, and retention of teachers from among students majoring in
mathematics, science, foreign languages, special education, or teaching
the English language to students who are limited English proficient, or
to a combination of students majoring in such subjects. In making such
grants, the Secretary shall give priority to institutions of higher
education with programs that--
``(1) focus on preparing and retaining teachers in subjects
in which there is a shortage of highly qualified teachers and
that prepare students to teach in high-need schools; and
``(2) include plans to seek matching funds from other
governmental and non-governmental sources.
``(b) Application.--Any institution of higher education desiring to
receive a grant under this subpart shall submit to the Secretary an
application at such time, in such form, and containing such information
and assurances as the Secretary may require, including--
``(1) the number of students who graduated from the
institution in the preceding year with the qualifications
necessary to be teachers with expertise in mathematics,
science, a foreign language, special education, or teaching
limited English proficient individuals; and
``(2) a goal and timeline for increasing the number of such
teachers who graduate from the institution.
``(c) Use of Funds.--Grant funds made available under this
subpart--
``(1) shall be used to create and provide new recruitment
incentives to encourage students who are planning to pursue
other careers to pursue careers in teaching, with an emphasis
on recruiting students who are majoring in high-need subjects
such as mathematics, science, foreign languages, and special
education, and areas relevant to teaching the English language
to students who are limited English proficient;
``(2) may be used to upgrade curriculum to provide all
students studying to become teachers with high-quality
instructional strategies for teaching reading and teaching the
English language to students who are limited English
proficient, and for adopting, modifying, and differentiating
instruction to teach students with disabilities;
``(3) may be used to integrate department, school, or
college of education faculty with other arts and science
faculty in mathematics, science, foreign languages, special
education, and teaching the English language to students who
are limited English proficient through steps such as--
``(A) dual appointments for faculty between
departments, schools, or colleges of education and
departments, schools, or colleges of arts and science;
and
``(B) integrating course work with clinical
experience;
``(4) may be used to develop strategic plans between
departments, schools, or colleges of education and local school
districts to better prepare teachers for high-need schools,
including the creation of professional development partnerships
for training new teachers in state-of-the-art teaching
practices;
``(5) may be used to develop or enhance programs aimed at
retaining teachers in high-need subjects such as mathematics,
science, foreign languages, special education, and teaching the
English language to students who are limited English
proficient, and may include providing scholarship assistance to
current teachers to upgrade their skills;
``(6) may be used to develop and apply virtual classroom
simulation and related technologies to enhance recruitment,
preparation, and retention for high-need schools in the areas
of mathematics, science, foreign languages, special education,
or teaching the English language to students who are limited
English proficient; and
``(7) may be used to develop innovative teacher preparation
programs that emphasize the essential components of reading
instruction and other strategies based on scientifically valid
research and that address early intervention strategies for
students with reading difficulty or language processing
differences.
``Subpart 2--Community Colleges as Partners in Teacher Education Grants
``SEC. 251. GRANTS TO COMMUNITY COLLEGES.
``(a) Program Authorized.--The Secretary is authorized to award
grants, on a competitive basis, to eligible entities to assist such
entities with--
``(1) establishing or enhancing teacher education programs
at community colleges that--
``(A) include content and pedagogical training; and
``(B) are aligned with 4-year college and
university teacher education programs to ensure a
seemless transition for students from community
colleges to 4-year institutions;
``(2) establishing or enhancing post baccalaureate
certification programs offered at community colleges;
``(3) developing and delivering a rigorous program of study
for students interested in a career in teaching; and
``(4) developing and delivering professional development
for teachers to ensure their continued education and
professional growth.
``(b) Authorized Uses of Funds.--Grant funds provided under this
subpart shall be used to carry out the activities described in
subsection (a), and may be used to--
``(1) develop curriculum for teacher education programs and
post baccalaureate certification programs at community
colleges;
``(2) establish or enhance clinical experiences for
students in such teacher education programs and post
baccalaureate certification programs;
``(3) establish or enhance professional development
programs at community colleges that are available for teachers;
``(4) develop new associate degree programs focused on
teacher preparation;
``(5) increase the alignment between community college
teacher education programs and 4-year college and university
teacher education programs, including articulation agreements,
common course numbering, and joint admission programs;
``(6) recruit teacher candidates with the goal of
diversifying the teacher workforce;
``(7) prepare teachers for high-demand subject areas
including science, mathematics, technology, special education,
critical foreign languages, or the education of limited English
proficient individuals;
``(8) prepare teachers to teach in high-need schools;
``(9) increase coordination between teacher education
programs and departments, schools, or colleges of arts and
sciences;
``(10) encourage teacher education and post baccalaureate
programs at times and in formats designed to make these
programs more accessible to certain student populations,
including mid-career professionals transitioning to teaching;
``(11) carry out other activities that aim to ensure that
well-qualified individuals enter into the teaching profession;
``(12) develop associate's degree programs with an emphasis
on the essential components of reading instruction to train
educators such as pre-service teachers, paraprofessionals,
speech-language pathology assistants, and tutors to teach
students with reading difficulties and students who learn to
read differently than their peers; and
``(13) develop licensure programs for early childhood
educators that emphasize the essential components of reading
instruction and other strategies based on scientifically valid
research, and that address strategies for early screening and
early intervention for students with reading difficulty and who
learn to read differently than their peers.
``(c) Eligible Entity.--For purposes of this subpart, the term
`eligible entity' means an individual community college (or district of
community colleges), a consortia of community colleges, or a statewide
community college system that, for the purposes of carrying out
activities under this subpart, has entered into a partnership with--
``(1) a four-year institution of higher education with a
teacher education program, or a consortia of such institutions;
and
``(2) at least one of the following:
``(A) The State agency that oversees teacher
preparation or higher education in the State.
``(B) One or more local educational agencies.
``(C) The State educational agency.
``(D) A professional organization representing
teachers.
``(d) Application.--Each eligible entity desiring a grant under
this subpart shall submit an application to the Secretary at such time,
in such manner, and containing such information as the Secretary may
require. Such application shall include--
``(1) an overview of the goals the eligible entity and its
partners plan to pursue upon receipt of a grant under this
subpart;
``(2) an identification of the institutions, agencies, or
organizations that have entered into a partnership with the
eligible entity to meet the requirements of subsection (c);
``(3) a description of how the eligible entity and its
partners will work to ensure a seemless transition for students
from community college to 4-year institutions;
``(4) an assurance by the eligible entity that students
will be provided with intensive support services, which may
include mentoring, academic and career support, and support for
students who are transitioning, or have transitioned, from the
community college to the 4-year institution; and
``(5) a description of the rigorous 2-year program of study
to be provided by the eligible entity, and a description of how
such program establishes a foundation for students to enter
into a qualified teacher preparation program at a 4-year
institution.
``(e) Priority.--In awarding grants under this subpart, the
Secretary shall give priority to applications the goals of which are
to--
``(1) increase the diversification of the teacher workforce
by enrolling and retaining students from minority racial and
ethnic backgrounds and others underrepresented in the local
education workforce;
``(2) prepare teachers for high-demand subject areas
including science, mathematics, technology, special education,
critical foreign languages, or the education of limited English
proficient individuals; or
``(3) prepare teachers to enter into high-need schools.
``SEC. 252. DEFINITIONS.
``In this subpart:
``(1) Community college.--The term `community college'
means a publicly funded institution of higher education (as
defined in section 101) at which the highest degree awarded is
predominantly the associates degree.
``(2) Four-year institution.--The term `4-year institution'
means an institution of higher education (as defined in section
101(a)) that provides a 4-year program of instruction for which
the institution awards a bachelor's degree.
``(3) Qualified teacher preparation program.--The term
`qualified teacher preparation program' means an undergraduate
program for students at an institution of higher education
that--
``(A) encourages collaboration between faculty in
education and faculty in the relevant subject areas
including, sciences mathematics, and foreign languages
to pursue content coordination for courses taken
frequently by students preparing to be teachers;
``(B) offers support services, including mentoring,
exposure to and field experience in the classroom prior
to graduation, or other practices, for students while
they are in the program, and after graduation while
working as teachers; and
``(C) focuses on increasing the number of teachers
for high-demand subject areas.
``Subpart 3--Honorable Augustus F. Hawkins Centers of Excellence
``SEC. 261. DEFINITIONS.
``In this subpart:
``(1) Eligible institution.--The term `eligible
institution' means--
``(A) an institution of higher education that has a
teacher preparation program that is a qualified teacher
preparation program under section 252, and that is--
``(i) a part B institution (as defined in
section 322);
``(ii) a Hispanic-serving institution (as
defined in section 502);
``(iii) a Tribal College or University (as
defined in section 316);
``(iv) an Alaska Native-serving institution
(as defined in section 317(b));
``(v) a Native Hawaiian-serving institution
(as defined in section 317(b));
``(vi) a Predominantly Black Institution
(as defined in section 318(b));
``(vii) an Asian American and Pacific
Islander-serving institution (as defined in
section 319(b)); or
``(viii) a Native American-serving non-
tribal institution (as defined in section
320(b));
``(B) a consortium of institutions described in
subparagraph (A); or
``(C) an institution described in subparagraph (A),
or a consortium described in subparagraph (B), in
partnership with any other institution of higher
education, but only if the center of excellence
established under section 262 is located at an
institution described in subparagraph (A).
``(2) Scientifically based reading research.--The term
`scientifically based reading research' has the meaning given
such term in section 1208 of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 6368).
``SEC. 262. AUGUSTUS F. HAWKINS CENTERS OF EXCELLENCE.
``(a) Program Authorized.--From the amounts appropriated to carry
out this part, the Secretary is authorized to award competitive grants
to eligible institutions to establish centers of excellence.
``(b) Use of Funds.--Grants provided by the Secretary under this
subpart shall be used to ensure that current and future teachers are
highly qualified, by carrying out one or more of the following
activities:
``(1) Implementing reforms within teacher preparation
programs to ensure that such programs are preparing teachers
who are highly qualified, are able to understand scientifically
valid research, and are able to use advanced technology
effectively in the classroom, including use for instructional
techniques to improve student academic achievement, by--
``(A) retraining or recruiting faculty; and
``(B) designing (or redesigning) teacher
preparation programs that--
``(i) prepare teachers to serve in low-
performing schools and close student
achievement gaps, and are based on rigorous
academic content, scientifically valid research
(including scientifically based reading
research), and challenging State student
academic content standards; and
``(ii) promote strong teaching skills, as
defined in section 200(b).
``(2) Providing sustained and high-quality pre-service
clinical experience, including the mentoring of prospective
teachers by exemplary teachers, substantially increasing
interaction between faculty at institutions of higher education
and new and experienced teachers, principals, and other
administrators at elementary schools or secondary schools, and
providing support, including preparation time, for such
interaction.
``(3) Developing and implementing initiatives to promote
retention of highly qualified teachers and principals,
including minority teachers and principals, including programs
that provide--
``(A) teacher or principal mentoring from exemplary
teachers or principals; or
``(B) induction and support for teachers and
principals during their first 3 years of employment as
teachers or principals, respectively.
``(4) Awarding scholarships based on financial need to help
students pay the costs of tuition, room, board, and other
expenses of completing a teacher preparation program.
``(5) Disseminating information on effective practices for
teacher preparation and successful teacher certification and
licensure assessment preparation strategies.
``(6) Activities authorized under section 202.
``(c) Application.--Any eligible institution desiring a grant under
this subpart shall submit an application to the Secretary at such a
time, in such a manner, and accompanied by such information as the
Secretary may require.
``(d) Minimum Grant Amount.--The minimum amount of each grant under
this subpart shall be $500,000.
``(e) Limitation on Administrative Expenses.--An eligible
institution that receives a grant under this subpart may not use more
than 2 percent of the grant funds for purposes of administering the
grant.
``(f) Regulations.--The Secretary shall prescribe such regulations
as may be necessary to carry out this subpart.
``Subpart 4--Teach for America
``SEC. 271. TEACH FOR AMERICA.
``(a) Definitions.--
``(1) Grantee.--The term `grantee' means Teach For America,
Inc.
``(2) High need.--Notwithstanding section 200(b), the term
`high need', when used with respect to a local educational
agency, means a local educational agency experiencing a
shortage of highly qualified teachers.
``(b) Grants Authorized.--The Secretary is authorized to award a
grant to Teach For America, Inc., the national teacher corps of
outstanding recent college graduates who commit to teach for 2 years in
underserved communities in the United States, to implement and expand
its program of recruiting, selecting, training, and supporting new
teachers.
``(c) Requirements.--In carrying out the grant program under
subsection (b), the Secretary shall enter into an agreement with the
grantee under which the grantee agrees to use the grant funds provided
under this subpart to--
``(1) provide highly qualified teachers to high need local
educational agencies in urban and rural communities;
``(2) pay the costs of recruiting, selecting, training, and
supporting new teachers; and
``(3) serve a substantial number and percentage of
underserved students.
``(d) Authorized Activities.--
``(1) In general.--Grant funds provided under this subpart
shall be used by the grantee to carry out each of the following
activities:
``(A) Recruiting and selecting teachers through a
highly selective national process.
``(B) Providing pre-service training to such
teachers through a rigorous summer institute that
includes hands-on teaching experience and significant
exposure to education course work and theory.
``(C) Placing such teachers in schools and
positions designated by high need local educational
agencies as high need placements serving underserved
students.
``(D) Providing ongoing professional development
activities for such teachers' first 2 years in the
classroom, including regular classroom observations and
feedback, and ongoing training and support.
``(2) Limitation.--The grantee shall use all grant funds
received under this subpart to support activities related
directly to the recruitment, selection, training, and support
of teachers as described in paragraph (1).
``(e) Reports and Evaluations.--
``(1) Annual report.--The grantee shall provide to the
Secretary an annual report that includes--
``(A) data on the number and quality of the
teachers provided to local educational agencies through
a grant under this subpart;
``(B) an externally conducted analysis of the
satisfaction of local educational agencies and
principals with the teachers so provided; and
``(C) comprehensive data on the background of the
teachers chosen, the training such teachers received,
the placement sites of such teachers, the professional
development of such teachers, and the retention of such
teachers.
``(2) Study.--
``(A) In general.--From funds appropriated under
section 240, the Secretary shall provide for a study
that examines the achievement levels of the students
taught by the teachers assisted under this subpart.
``(B) Student learning gains compared.--The study
shall compare, within the same schools, the student
learning gains made by students taught by teachers who
are assisted under this subpart with the student
learning gains made by students taught by teachers who
are not assisted under this subpart.
``(3) Requirements.--The Secretary shall provide for such a
study not less than once every 3 years, and each such study
shall include multiple placement sites and multiple schools
within placement sites.
``(4) Peer review standards.--Each such study shall meet
the peer review standards of the education research community.
Further, the peer review standards shall ensure that reviewers
have expertise in assessment systems, accountability, and
instruction.
``(f) Authorization of Appropriations.--Of the sums authorized to
be appropriated by section 240, the amount authorized to be
appropriated to carry out this section shall not exceed--
``(1) $20,000,000 for fiscal year 2009;
``(2) $25,000,000 for fiscal year 2010; and
``(3) such sums as may be necessary for each of the 3
succeeding fiscal years.
``Subpart 5--Early Childhood Education Professional Development and
Career Task Force
``SEC. 281. PURPOSE.
``It is the purpose of this subpart--
``(1) to improve the quality of the early childhood
education workforce by creating a statewide early childhood
education professional development and career task force for
early childhood education program staff, directors, and
administrators; and
``(2) to create--
``(A) a coherent system of core competencies,
pathways to qualifications, credentials, degrees,
quality assurances, access, and outreach, for early
childhood education program staff, directors, and
administrators, that is linked to compensation
commensurate with experience and qualifications;
``(B) articulation agreements that enable early
childhood education professionals to transition easily
among degrees; and
``(C) compensation initiatives for individuals
working in an early childhood education program that
reflect the individuals' credentials, degrees, and
experience.
``SEC. 282. DEFINITION OF EARLY CHILDHOOD EDUCATION PROGRAM.
``In this subpart, the term `early childhood education program'
means--
``(1) a family child care program, center-based child care
program, State prekindergarten program, or school-based
program, that--
``(A) provides early childhood development and
education;
``(B) is licensed or regulated by the State; and
``(C) serves children from birth to school entry;
``(2) a Head Start Program carried out under the Head Start
Act;
``(3) an Early Head Start Program carried out under section
645A of the Head Start Act; or
``(4) a program authorized under section 619 or part C of
the Individuals with Disabilities Education Act.
``SEC. 283. GRANTS AUTHORIZED.
``(a) In General.--The Secretary is authorized to award grants to
States in accordance with the provisions of this subpart to enable such
States--
``(1) to establish a State Task Force described in section
284; and
``(2) to support activities of the State Task Force
described in section 285.
``(b) Competitive Basis.--Grants under this subpart shall be
awarded on a competitive basis.
``(c) Equitable Geographic Distribution.--In awarding grants under
this subpart, the Secretary shall take into consideration providing an
equitable geographic distribution of such grants.
``(d) Duration.--Grants under this subpart shall be awarded for a
period of 3 years.
``SEC. 284. STATE TASK FORCE ESTABLISHMENT.
``(a) State Task Force Established.--The Governor of a State
receiving a grant under this subpart shall establish, or designate an
existing entity to serve as, the State Early Childhood Education
Professional Development and Career Task Force (hereafter in this
subpart referred to as the `State Task Force').
``(b) Membership.--The State Task Force shall include a
representative of a State educational agency, an institution of higher
education (including an associate or a baccalaureate degree granting
institution of higher education), an early childhood education program,
a nonprofit early childhood organization, a statewide early childhood
workforce scholarship or supplemental initiative, the State Head Start
collaboration director, and any other entity or individual the Governor
determines appropriate.
``SEC. 285. STATE TASK FORCE ACTIVITIES.
``(a) Activities.--The State Task Force shall--
``(1) coordinate and communicate regularly with existing
State Advisory Councils on Early Care and Education or a
similar State entity charged with creating a comprehensive
system of early care and education in the State (hereafter in
this subpart referred to as `State Advisory Councils') for the
purposes of--
``(A) integrating recommendations for early
childhood professional development and career
activities into the plans of the State Advisory
Council; and
``(B) assisting in the implementation of
professional development and career activities that are
consistent with the plans described in subparagraph
(A);
``(2) conduct a review of opportunities for and barriers to
high quality professional development, training, and higher
education degree programs in early childhood development and
learning, including a periodic statewide survey concerning the
demographics of individuals working in early childhood
education programs in the State, which survey shall include
information disaggregated by--
``(A) race, gender, and ethnicity;
``(B) compensation levels;
``(C) type of early childhood education program
setting;
``(D) specialized knowledge of child development;
``(E) years of experience in an early childhood
education program;
``(F) attainment of--
``(i) academic credit for course work;
``(ii) an academic degree;
``(iii) a credential;
``(iv) licensure; or
``(v) certification in early childhood
education; and
``(G) specialized knowledge in the education of
children with limited English proficiency; and
``(3) develop a plan for a comprehensive statewide
professional development and career system for individuals
working in early childhood education programs or for early
childhood education providers, which plan shall include--
``(A) methods of providing outreach to early
childhood education program staff, directors, and
administrators to enable such individuals and providers
to be aware of opportunities and resources under the
statewide plan, which may include outreach to
underrepresented populations in the profession;
``(B) developing a unified data collection and
dissemination system for early childhood education
training, professional development, and higher
education programs;
``(C) increasing the participation of early
childhood educators in high quality training and
professional development by assisting in paying the
costs of enrollment in and completion of such training
and professional development courses;
``(D) increasing the participation of early
childhood educators in postsecondary education programs
leading to degrees in early childhood education by
providing assistance to pay the costs of enrollment in
and completion of such postsecondary education
programs, which assistance--
``(i) shall only be provided to an
individual who--
``(I) enters into an agreement
under which the individual agrees to
work, for a reasonable number of years
after receiving such a degree, in an
early childhood education program that
is located in a low-income area; and
``(II) has a family income equal to
or less than the annually adjusted
national median family income as
determined by the Bureau of the Census;
and
``(ii) shall be provided in an amount that
does not exceed $17,500;
``(E) supporting professional development
activities and a career lattice for a variety of early
childhood professional roles with varying professional
qualifications and responsibilities for early childhood
education personnel, including strategies to enhance
the compensation of such personnel;
``(F) supporting articulation agreements between 2-
and 4-year public and private institutions of higher
education and mechanisms to transform other training,
professional development, and experience into academic
credit;
``(G) developing mentoring and coaching programs to
support new educators in and directors of early
childhood education programs;
``(H) providing career development advising with
respect to the field of early childhood education,
including informing an individual regarding--
``(i) entry into and continuing education
requirements for professional roles in the
field;
``(ii) available financial assistance; and
``(iii) professional development and career
advancement in the field;
``(I) enhancing the quality of faculty and course
work in postsecondary programs that lead to an
associate, baccalaureate, or graduate degree in early
childhood education;
``(J) consideration of the availability of on-line
graduate level professional development offered by
institutions of higher education with experience and
demonstrated expertise in establishing programs in
child development, in order to improve the skills and
expertise of individuals working in early childhood
education programs; and
``(K) developing or enhancing a system of quality
assurance with respect to the early childhood education
professional development and career system, including
standards or qualifications for individuals and
entities who offer training and professional
development in early childhood education.
``(b) Public Hearings.--The State Task Force shall hold public
hearings and provide an opportunity for public comment on the
activities described in the statewide plan described in subsection
(a)(3).
``(c) Periodic Review.--The State Task Force shall meet
periodically to review implementation of the statewide plan and to
recommend any changes to the statewide plan the State Task Force
determines necessary.
``SEC. 286. STATE APPLICATION AND REPORT.
``(a) In General.--Each State desiring a grant under this subpart
shall submit an application to the Secretary at such time, in such
manner, and accompanied by such information as the Secretary may
reasonably require. Each such application shall include a description
of--
``(1) the membership of the State Task Force;
``(2) the activities for which the grant assistance will be
used;
``(3) other Federal, State, local, and private resources
that will be available to support the activities of the State
Task Force described in section 285;
``(4) the availability within the State of training,
educator preparation, professional development, compensation
initiatives, and career systems, related to early childhood
education; and
``(5) the resources available within the State for such
training, educator preparation, professional development,
compensation initiatives, and career systems.
``(b) Report to the Secretary.--Not later than 2 years after
receiving a grant under this subpart, a State shall submit a report to
the Secretary that shall describe--
``(1) other Federal, State, local, and private resources
that will be used in combination with a grant under this
subpart to develop or expand the State's early childhood
education professional development and career activities;
``(2) the ways in which the State Advisory Council will
coordinate the various State and local activities that support
the early childhood education professional development and
career system; and
``(3) the ways in which the State Task Force will use funds
provided under this subpart to carry out the activities
described in section 285.
``SEC. 287. EVALUATIONS.
``(a) State Evaluation.--Each State receiving a grant under this
subpart shall--
``(1) evaluate the activities that are assisted under this
subpart in order to determine--
``(A) the effectiveness of the activities in
achieving State goals;
``(B) the impact of a career lattice for
individuals working in early childhood education
programs;
``(C) the impact of the activities on licensing or
regulating requirements for individuals in the field of
early childhood development;
``(D) the impact of the activities, and the impact
of the statewide plan described in section 286(a)(3),
on the quality of education, professional development,
and training related to early childhood education
programs that are offered in the State;
``(E) the change in compensation and retention of
individuals working in early childhood education
programs within the State resulting from the
activities; and
``(F) the impact of the activities on the
demographic characteristics of individuals working in
early childhood education programs; and
``(2) submit a report at the end of the grant period to the
Secretary regarding the evaluation described in paragraph (1).
``(b) Secretary's Evaluation.--Not later than September 30, 2013,
the Secretary, in consultation with the Secretary of Health and Human
Services, shall prepare and submit to the authorizing committees an
evaluation of the State reports submitted under subsection (a)(2).
``Subpart 6--Preparing General Education Teachers to More Effectively
Educate Students With Disabilities
``SEC. 291. TEACH TO REACH GRANTS.
``(a) Authorization of Program.--
``(1) In general.--The Secretary is authorized to award
grants, on a competitive basis, to eligible partnerships to
improve the preparation of general education teacher candidates
to ensure that such teacher candidates possess the knowledge
and skills necessary to effectively instruct students with
disabilities in their classrooms.
``(2) Duration of grants.--A grant under this section shall
be awarded for a period of five years.
``(3) Non-federal share.--An eligible partnership that
receives a grant under this section shall provide not less than
25 percent of the cost of the activities carried out with such
grant from non-Federal sources, which may be provided in cash
or in kind.
``(b) Definition of Eligible Partnership.--In this section, the
term `eligible partnership' is a partnership that--
``(1) shall include--
``(A) one or more departments or programs at an
institution of higher education--
``(i) that prepare elementary or secondary
general education teachers;
``(ii) that have a program of study that
leads to an undergraduate degree, a master's
degree, or completion of a post-baccalaureate
program required for teacher certification; and
``(iii) the graduates of which are highly
qualified, as defined in section 9101 of the
Elementary and Secondary Education Act of 1965;
``(B) a department or program of special education
at an institution of higher education; and
``(C) a high-need local educational agency; and
``(2) may include a department or program of mathematics,
earth or physical science, foreign language, or other
departments at the institution that have a role in preparing
teachers.
``(c) Required Activities.--An eligible partnership that receives a
grant under this section shall use the grant funds to--
``(1) develop or strengthen an undergraduate, post-
baccalaureate, or master's teacher preparation program by
integrating special education strategies into the general
education curriculum and academic content;
``(2) provide teacher candidates participating in the
program under paragraph (1) with skills related to--
``(A) response to intervention, positive behavioral
supports, differentiated instruction, and data driven
instruction;
``(B) developing and administering alternate
assessments of students with disabilities;
``(C) determining and utilizing accommodations for
instruction and assessments;
``(D) collaborating with special educators, related
services providers, and parents, including
participation in Individualized Education Program
development and implementation; and
``(E) utilizing technology and assistive technology
for students with disabilities; and
``(3) provide extensive clinical experience for such
participants, with mentoring and induction support throughout
the program that continues during the first year of full-time
teaching.
``(d) Application.--An eligible partnership seeking a grant under
this section shall submit an application to the Secretary at such time,
in such manner, and containing such information as the Secretary may
require. Such application shall include--
``(1) A self-assessment by the eligible partnership of the
existing teacher preparation program at the institution of
higher education and needs related to preparing general
education teacher candidates to instruct students with
disabilities.
``(2) An assessment of the existing personnel needs for
general education teachers who instruct students with
disabilities, performed by the local educational agency in
which most graduates of the teacher preparation program are
likely to teach after completion of the program under
subsection (c)(1).
``(e) Peer Review.--The Secretary shall convene a peer review
committee to review applications for grants under this section and to
make recommendations to the Secretary regarding the selection of
grantees. Members of the peer review committee shall be recognized
experts in the fields of special education, teacher preparation, and
general education, and shall not be in a position to benefit
financially from any grants awarded under this section.
``(f) Evaluations.--
``(1) By the partnership.--An eligible partnership
receiving a grant under this section shall conduct an
evaluation at the end of the grant period to determine the
effectiveness of the general education teachers who completed a
program under subsection (c)(1) at instruction of students with
disabilities in general education classrooms, and the systemic
impact of the activities carried out by such grant on how each
institution of higher education that is a member of the
partnership prepares teachers for instruction in elementary and
secondary schools. Each eligible partnership performing an
evaluation under this paragraph shall report the findings of
such evaluation to the Secretary.
``(2) Report by the secretary.--Not later than 180 days
after the last day of the grant period under this section, the
Secretary shall make available to Congress and the public the
findings of the evaluations submitted under paragraph (1), and
information on best practices related to effective instruction
of students with disabilities in general education
classrooms.''.
SEC. 202. NATIONAL ACADEMY OF SCIENCES STUDY OF BEST PRACTICES IN
TEACHER PREPARATION.
(a) In General.--The Secretary shall enter into a contract with the
National Academy of Sciences to conduct a 2-year study to develop
suggested best practices in teacher preparation for departments,
schools, and colleges of education. Such best practices shall include
recommendations to improve teaching skills, including skills related to
working with diverse populations.
(b) Best Research; Suggested Training.--The suggested best
practices developed under subsection (a) shall reflect the best
research into how students learn and on the content-specific methods
shown to be effective with students, including examining how children
learn. The suggested best practices shall include suggested training
for general and special education teachers in working with diverse
populations, utilizing the principles of universal design for learning,
assessments in the classroom, and classroom management.
(c) Collaboration.--
(1) In general.--In conducting the study under subsection
(a), the National Academy of Sciences shall collaborate with
interested parties in developing the suggested best practices.
(2) Interested parties.--In this subsection, the term
``interested parties'' means--
(A) college presidents;
(B) deans of arts and sciences and teacher
education programs;
(C) teacher preparation faculty;
(D) chief State school officers;
(E) school superintendents;
(F) teacher organizations;
(G) outstanding teachers and principals;
(H) teacher preparation accrediting organizations;
(I) individuals or organizations with expertise in
working with diverse populations, including students
with disabilities and limited English proficient
students; and
(J) other organizations with expertise in teacher
recruitment and training.
(d) Prohibition.--Nothing in this section shall be construed to
authorize the National Academy of Sciences to recommend, or any other
Federal Government entity or contractor to mandate, direct, control, or
suggest, a specific curriculum for teacher education programs.
TITLE III--TITLE III AMENDMENTS
SEC. 301. PROGRAM PURPOSE.
Section 311 (20 U.S.C. 1057) is amended--
(1) in subsection (b)--
(A) in paragraph (1), by striking ``351'' and
inserting ``391''; and
(B) in paragraph (3)(F), by inserting ``, including
services that will assist in the education of special
populations'' before the period; and
(2) in subsection (c)--
(A) in paragraph (6), by inserting ``, including
innovative, customized, instruction courses designed to
help retain students and move the students rapidly into
core courses and through program completion'' before
the period;
(B) by redesignating paragraphs (7) through (12) as
paragraphs (8) through (13), respectively;
(C) by inserting after paragraph (6) the following:
``(7) Education or counseling services designed to improve
the financial literacy and economic literacy of students or the
students' parents.'';
(D) in paragraph (12) (as redesignated by
subparagraph (B)), by striking ``distance learning
academic instruction capabilities'' and inserting
``distance education technologies''; and
(E) in the matter preceding subparagraph (A) of
paragraph (13) (as redesignated by subparagraph (B)),
by striking ``subsection (c)'' and inserting
``subsection (b) and section 391''.
SEC. 302. TITLE III GRANTS FOR AMERICAN INDIAN TRIBALLY CONTROLLED
COLLEGES AND UNIVERSITIES.
(a) Eligible Institutions.--Section 316(b)(3) (20 U.S.C.
1059c(b)(3)) is amended to read as follows:
``(3) Tribal college or university.--The term `Tribal
College or University' means an institution that--
``(A) qualifies for funding under the Tribally
Controlled College or University Assistance Act of 1978
(25 U.S.C. 1801 et seq.) or the Navajo Community
College Assistance Act (25 U.S.C. 640a note); or
``(B) is cited in section 532 of the Equity in
Educational Land Grant Status Act of 1994 (7 U.S.C. 301
note).''.
(b) Distance Learning.--Section 316(c)(2) is amended--
(1) by amending subparagraph (B) to read as follows:
``(B) construction, maintenance, renovation, and
improvement in classrooms, libraries, laboratories, and
other instructional facilities, including purchase or
rental of telecommunications technology equipment or
services, and the acquisition of real property adjacent
to the campus of the institution on which to construct
such facilities;'';
(2) in subparagraph (C), by inserting before the semicolon
at the end the following: ``, or advanced degrees in tribal
governance or tribal public policy'';
(3) in subparagraph (D), by inserting before the semicolon
at the end the following: ``, and in tribal governance or
tribal public policy'';
(4) by striking ``and'' at the end of subparagraph (K);
(5) by redesignating subparagraph (L) as subparagraph (M);
and
(6) by inserting after subparagraph (K) the following new
subparagraph:
``(L) developing or improving facilities for
Internet use or other distance learning academic
instruction capabilities; and''.
(c) Application and Allotment.--Section 316(d) is amended to read
as follows:
``(d) Application and Allotment.--
``(1) Institutional eligibility.--To be eligible to receive
assistance under this section, a Tribal College or University
shall be an eligible institution under section 312(b).
``(2) Application.--Any Tribal College or University
desiring to receive assistance under this section shall submit
an application to the Secretary at such time, and in such
manner, as the Secretary may reasonably require.
``(3) Minimum grant.--Notwithstanding section 399(c), the
amount allotted to each institution under this section shall
not be less than $500,000.
``(4) Special rules.--
``(A) Concurrent funding.--For the purposes of this
part, no Tribal College or University that is eligible
for and receives funds under this section shall
concurrently receive funds under other provisions of
this part or part B.
``(B) Exemption.--Section 313(d) shall not apply to
institutions that are eligible to receive funds under
this section.''.
(d) Allocation of Funds.--Section 316 is further amended by adding
at the end the following new subsections:
``(e) Construction Grants.--
``(1) In general.--Of the amount appropriated to carry out
this section for any fiscal year, beginning with fiscal year
2009, the Secretary may reserve 30 percent of such amount for
the purpose of awarding 1-year grants of not less than
$1,000,000 to address construction, maintenance, and renovation
needs at eligible institutions.
``(2) Preference.--In providing grants under paragraph (1)
for any fiscal year, the Secretary shall give preference to
eligible institutions that have not received an award under
this section for a previous fiscal year.
``(f) Allotment of Remaining Funds.--The Secretary shall distribute
any funds appropriated to carry out this section for any fiscal year
that remain available after the Secretary has awarded grants under
subsection (e), to each eligible institution as follows:
``(1) 60 percent of the remaining appropriated funds shall
be distributed among the eligible Tribal Colleges and
Universities on a pro rata basis, based on the respective
Indian student counts (as defined in section 2(a) of the
Tribally Controlled College or University Assistance Act of
1978 (25 U.S.C. 1801(a)) of the Tribal Colleges and
Universities; and
``(2) the remaining 40 percent shall be distributed in
equal shares to the eligible Tribal Colleges and
Universities.''.
SEC. 303. PREDOMINANTLY BLACK INSTITUTIONS.
Part A of title III is amended by inserting after section 317 (20
U.S.C. 1059d) the following new section:
``SEC. 318. PREDOMINANTLY BLACK INSTITUTIONS.
``(a) Purpose.--It is the purpose of this section to assist
Predominantly Black Institutions in expanding educational opportunity
through a program of Federal assistance.
``(b) Definitions.--For purposes of this section:
``(1) Predominantly black institution.--The term
`Predominantly Black Institution' means an institution of
higher education--
``(A) that is an eligible institution (as defined
in paragraph (5)(A) of this subsection) with a minimum
of 1,000 undergraduate students;
``(B) at which at least 50 percent of the
undergraduate students enrolled at the institution are
low-income individuals or first-generation college
students (as that term is defined in section 402A(g));
and
``(C) at which at least 50 percent of the
undergraduate students are enrolled in an educational
program leading to a bachelor's or associate's degree
that the institution is licensed to award by the State
in which it is located.
``(2) Low-income individual.--The term `low-income
individual' has the meaning given such term in section 402A(g).
``(3) Means-tested federal benefit program.--The term
`means-tested Federal benefit program' means a program of the
Federal Government, other than a program under title IV, in
which eligibility for the programs' benefits, or the amount of
such benefits, or both, are determined on the basis of income
or resources of the individual or family seeking the benefit.
``(4) State.--The term `State' means each of the 50 States
and the District of Columbia.
``(5) Other definitions.--For purposes of this section, the
terms defined by section 312 have the meanings provided by that
section, except as follows:
``(A) Eligible institution.--
``(i) The term `eligible institution' means
an institution of higher education that--
``(I) has an enrollment of needy
undergraduate students as required and
defined by subparagraph (B);
``(II) except as provided in
section 392(b), the average educational
and general expenditure of which are
low, per full-time equivalent
undergraduate student in comparison
with the average educational and
general expenditure per full-time
equivalent undergraduate student of
institutions that offer similar
instruction;
``(III) has an enrollment of
undergraduate students that is at least
40 percent Black American students;
``(IV) is legally authorized to
provide, and provides within the State,
an educational program for which the
institution awards a bachelors degree,
or in the case of a junior or community
college, an associate's degree;
``(V) is accredited by a nationally
recognized accrediting agency or
association determined by the Secretary
to be a reliable authority as to the
quality of training offered, or is,
according to such an agency or
association, making reasonable progress
toward accreditation; and
``(VI) is not receiving assistance
under part B of this title.
``(ii) In awarding grants under this
section the Secretary shall give priority to
Predominantly Black Institutions with large
numbers or percentages of students described in
clause (i)(II) or clause (i)(III). The level of
priority given to Predominantly Black
Institutions with large numbers or percentages
of students described in paragraph (1)(B) shall
be twice the level of priority given to
Predominantly Black Institutions with large
numbers or percentages of students described in
paragraph (1)(C).
``(B) Enrollment of needy students.--The term
`enrollment of needy students' means the enrollment at
an eligible institution with respect to which at least
50 percent of the undergraduate students enrolled in an
academic program leading to a degree--
``(i) in the second fiscal year preceding
the fiscal year for which the determination is
made, were Pell Grant recipients in such year;
``(ii) come from families that receive
benefits under a means-tested Federal benefits
program (as defined in paragraph (3));
``(iii) attended a secondary school that
was a high-need school during any year of such
attendance; or
``(iv) are `first-generation college
students' as that term is defined in section
402A(g), and a majority of such first-
generation college students are low-income
individuals.
``(c) Authorized Activities.--
``(1) Types of activities authorized.--Grants awarded
pursuant to subsection (d) shall be used by Predominantly Black
Institutions--
``(A) to assist the institution to plan, develop,
undertake, and implement programs to enhance the
institution's capacity to serve more low- and middle-
income Black American students;
``(B) to expand higher education opportunities for
title IV eligible students by encouraging college
preparation and student persistence in secondary and
postsecondary education; and
``(C) to strengthen the institution's financial
ability to serve the academic needs of the students
described in subparagraphs (A) and (B).
``(2) Authorized activities.--Grants made to an institution
under subsection (d) shall be used for one or more of the
following activities:
``(A) The activities described in section 311(c)(1)
through (11).
``(B) Academic instruction in disciplines in which
Black Americans are underrepresented.
``(C) Establishing or enhancing a program of
teacher education designed to qualify students to teach
in a public elementary or secondary school in the State
that shall include, as part of such program,
preparation for teacher certification.
``(D) Establishing community outreach programs
which will encourage elementary and secondary students
to develop the academic skills and the interest to
pursue postsecondary education.
``(E) Other activities proposed in the application
submitted pursuant to subsection (e) that--
``(i) contribute to carrying out the
purposes of this section; and
``(ii) are approved by the Secretary as
part of the review and acceptance of such
application.
``(3) Endowment fund.--
``(A) In general.--A Predominantly Black
Institution may use not more than 20 percent of the
grant funds provided under this section to establish or
increase an endowment fund at the institution.
``(B) Matching requirement.--In order to be
eligible to use grant funds in accordance with
subparagraph (A), the Predominantly Black Institution
shall provide matching funds from non-Federal sources,
in an amount equal to or greater than the Federal funds
used in accordance with subparagraph (A), for the
establishment or increase of the endowment fund.
``(C) Comparability.--The provisions of part C
regarding the establishment or increase of an endowment
fund, that the Secretary determines are not
inconsistent with this subsection, shall apply to funds
used under subparagraph (A).
``(4) Limitation.--Not more than 50 percent of the
allotment of any Predominantly Black Institution may be
available for the purpose of constructing or maintaining a
classroom, library, laboratory, or other instructional
facility.
``(d) Allotments to Predominantly Black Institutions.--
``(1) Allotment: pell grant basis.--From the amount
appropriated to carry out this section for any fiscal year, the
Secretary shall allot to each Predominantly Black Institution
having an application approved under subsection (e) a sum which
bears the same ratio to one-half that amount as the number of
Pell Grant recipients in attendance at such institution at the
end of the academic year preceding the beginning of that fiscal
year bears to the total number of Pell Grant recipients at all
institutions eligible under this section.
``(2) Allotment: graduates basis.--From the amount
appropriated to carry out this section for any fiscal year, the
Secretary shall allot to each Predominantly Black Institution
having an application approved under subsection (e) a sum which
bears the same ratio to one-fourth that amount as the number of
graduates for such year at such institution bears to the total
number of graduates for such year at all intuitions eligible
under this section.
``(3) Allotment: graduates seeking a higher degree basis.--
From the amount appropriated to carry out this section for any
fiscal year, the Secretary shall allot to each Predominantly
Black Institution having an application approved under
subsection (e) a sum which bears the same ratio to one-fourth
of that amount as the percentage of graduates per institution
who, within 2 years of graduation with an associates degree or
a baccalaureate degree, are admitted to and in attendance at,
either a baccalaureate degree-granting institution or a
graduate or professional school in a degree program in
disciplines in which Black American students are
underrepresented, bears to the percentage of such graduates per
institution for all eligible institutions.
``(4) Minimum allotment.--(A) Notwithstanding paragraphs
(1), (2), and (3) of this subsection and section 399(c), the
amount allotted to each Predominantly Black Institution under
this section shall not be less than $250,000.
``(B) If the amount appropriated pursuant to section 399
for any fiscal year is not sufficient to pay the minimum
allotment, the amount of such minimum allotment shall be
ratably reduced. If additional sums become available for such
fiscal year, such reduced allocation shall be increased on the
same basis as it was reduced until the amount allotted equals
the minimum allotment required by subparagraph (A).
``(5) Reallotment.--The amount of a Predominantly Black
Institution's allotment under paragraph (1), (2), (3), or (4)
for any fiscal year, which the Secretary determines will not be
required for such institution for the period such allotment is
available, shall be available for reallotment to other
Predominantly Black Institutions in proportion to the original
allotment to such other institutions under this section for
such fiscal year. The Secretary shall reallot such amounts from
time to time, on such date and during such period as the
Secretary deems appropriate.
``(e) Applications.--No Predominantly Black Institution shall be
entitled to its allotment of Federal funds for any grant under
subsection (d) for any period unless the institution submits an
application to the Secretary at such time, in such manner, and
containing or accompanied by such information as the Secretary may
reasonably require.
``(f) Application Review Process.--Section 393 shall not apply to
applications under this section.
``(g) Prohibition.--No Predominantly Black Institution that applies
for and receives a grant under this section may apply for or receive
funds under any other program under this part or part B of this title.
``(h) Duration and Carryover.--Any funds paid to a Predominantly
Black Institution under this section and not expended or used for the
purposes for which the funds were paid within 10 years following the
date of the grant awarded to such institution under this section shall
be repaid to the Treasury of the United States.''.
SEC. 304. ASSISTANCE TO ASIAN AMERICAN AND NATIVE AMERICAN PACIFIC
ISLANDER-SERVING INSTITUTIONS.
Part A of title III is amended by inserting after section 318 (as
added by section 303 of this Act) the following new section:
``SEC. 319. ASIAN AMERICAN AND NATIVE AMERICAN PACIFIC ISLANDER-SERVING
INSTITUTIONS.
``(a) Program Authorized.--The Secretary shall provide grants and
related assistance to Asian American and Native American Pacific
Islander-serving institutions to enable such institutions to improve
and expand their capacity to serve Asian Americans and Native American
Pacific Islanders.
``(b) Definitions.--For the purpose of this section--
``(1) the term `Asian American' has the meaning given the
term Asian in the Office of Management and Budget's Standards
for Maintaining, Collecting, and Presenting Federal Data on
Race and Ethnicity as published on October 30, 1997 (62 Fed.
Reg. 58789);
``(2) the term `Native American Pacific Islander' means any
descendant of the aboriginal people of any island in the
Pacific Ocean that is a territory or possession of the United
States;
``(3) the term `Asian American and Native American Pacific
Islander-serving institution' means an institution of higher
education that--
``(A) is an eligible institution under section
312(b); and
``(B) at the time of application, has an enrollment
of undergraduate students that is at least 10 percent
Asian American and Native American Pacific Islander
students; and
``(4) the term `low-income individual' means an individual
from a family whose taxable income for the preceding year did
not exceed 150 percent of an amount equal to the poverty level
determined by using criteria of poverty established by the
Bureau of the Census.
``(c) Authorized Activities.--
``(1) Types of activities authorized.--Grants awarded under
this section shall be used by Asian American and Native
American Pacific Islander-serving institutions to assist such
institutions to plan, develop, undertake, and carry out
activities to improve and expand such institutions' capacity to
serve Asian Americans and Native American Pacific Islanders.
``(2) Examples of authorized activities.--Such programs may
include--
``(A) purchase, rental, or lease of scientific or
laboratory equipment for educational purposes,
including instructional and research purposes;
``(B) renovation and improvement in classroom,
library, laboratory, and other instructional
facilities;
``(C) support of faculty exchanges, and faculty
development and faculty fellowships to assist in
attaining advanced degrees in the faculty's field of
instruction;
``(D) curriculum development and academic
instruction;
``(E) purchase of library books, periodicals,
microfilm, and other educational materials;
``(F) funds and administrative management, and
acquisition of equipment for use in strengthening funds
management;
``(G) joint use of facilities such as laboratories
and libraries;
``(H) academic tutoring and counseling programs and
student support services;
``(I) establishing community outreach programs that
will encourage elementary school and secondary school
students to develop the academic skills and the
interest to pursue postsecondary education;
``(J) establishing or improving an endowment fund;
``(K) academic instruction in disciplines in which
Asian Americans and Native American Pacific Islanders
are under-represented;
``(L) conducting research and data collection for
Asian American and Native American Pacific Islander
populations and sub-populations; and
``(M) establishing partnerships with community
based organizations serving Asian Americans and Native
American Pacific Islanders.
``(d) Application Process.--
``(1) Institutional eligibility.--Each Asian American and
Native American Pacific Islander-serving institution desiring
to receive assistance under this section shall submit to the
Secretary such enrollment data as may be necessary to
demonstrate that the institution is an Asian American and
Native American Pacific Islander-serving institution as defined
in subsection (b), along with such other information and data
as the Secretary may require.
``(2) Applications.--Any institution which is determined by
the Secretary to be an Asian American and Native American
Pacific Islander-serving institution may submit an application
for assistance under this section to the Secretary. Such
application shall include--
``(A) a 5-year plan for improving the assistance
provided by the Asian American and Native American
Pacific Islander-serving institution to Asian American
and Native American Pacific Islander students; and
``(B) such other information and assurance as the
Secretary may require.
``(3) Special rules.--
``(A) Eligibility.--No Asian American and Native
American Pacific Islander-serving institution that
receives funds under this section shall concurrently
receive funds under other provisions of this part or
part B.
``(B) Exemption.--Section 313(d) shall not apply to
institutions that are eligible to receive funds under
this section.
``(C) Distribution.--In awarding grants under this
section, the Secretary shall--
``(i) to the extent possible and consistent
with the competitive process under which such
grants are awarded, ensure maximum and
equitable distribution among all eligible
institutions; and
``(ii) give priority consideration to
institutions that serve a significant
percentage of Asian American and Native
American Pacific Islander students who are low-
income individuals.''.
SEC. 305. NATIVE AMERICAN-SERVING, NONTRIBAL INSTITUTIONS.
(a) Grant Program Authorized.--Part A of title III (20 U.S.C. 1057
et seq.) is amended by adding after section 319 (as added by section
304 of this Act) the following new section:
``SEC. 320. NATIVE AMERICAN-SERVING, NONTRIBAL INSTITUTIONS.
``(a) Program Authorized.--The Secretary shall provide grants and
related assistance to Native American-serving, nontribal institutions
to enable such institutions to improve and expand their capacity to
serve Native Americans.
``(b) Definitions.--In this section:
``(1) Native american.--The term `Native American' means an
individual who is of a tribe, people, or culture that is
indigenous to the United States.
``(2) Native american-serving, nontribal institution.--The
term `Native American-serving, nontribal institution' means an
institution of higher education that, at the time of
application--
``(A) has an enrollment of undergraduate students
that is not less than 10 percent Native American
students; and
``(B) is not a Tribal College or University (as
defined in section 316).
``(c) Authorized Activities.--
``(1) Types of activities authorized.--Grants awarded under
this section shall be used by Native American-serving,
nontribal institutions to assist such institutions to plan,
develop, undertake, and carry out activities to improve and
expand such institutions' capacity to serve Native Americans.
``(2) Examples of authorized activities.--Such programs may
include--
``(A) the purchase, rental, or lease of scientific
or laboratory equipment for educational purposes,
including instructional and research purposes;
``(B) renovation and improvement in classroom,
library, laboratory, and other instructional
facilities;
``(C) support of faculty exchanges, and faculty
development and faculty fellowships to assist faculty
in attaining advanced degrees in the faculty's field of
instruction;
``(D) curriculum development and academic
instruction;
``(E) the purchase of library books, periodicals,
microfilm, and other educational materials;
``(F) funds and administrative management, and
acquisition of equipment for use in strengthening funds
management;
``(G) the joint use of facilities such as
laboratories and libraries; and
``(H) academic tutoring and counseling programs and
student support services.
``(d) Application Process.--
``(1) Institutional eligibility.--A Native American-
serving, nontribal institution desiring to receive assistance
under this section shall submit to the Secretary such
enrollment data as may be necessary to demonstrate that the
institution is a Native American-serving, nontribal
institution, along with such other information and data as the
Secretary may by regulation require.
``(2) Applications.--
``(A) Permission to submit applications.--Any
institution that is determined by the Secretary to be a
Native American-serving, nontribal institution may
submit an application for assistance under this section
to the Secretary.
``(B) Simplified and streamlined format.--The
Secretary shall, to the extent possible, prescribe a
simplified and streamlined format for applications
under this section that takes into account the limited
number of institutions that are eligible for assistance
under this section.
``(C) Content.--An application submitted under
subparagraph (A) shall include--
``(i) a 5-year plan for improving the
assistance provided by the Native American-
serving, nontribal institution to Native
Americans; and
``(ii) such other information and
assurances as the Secretary may require.
``(3) Special rules.--
``(A) Eligibility.--No Native American-serving,
nontribal institution that receives funds under this
section shall concurrently receive funds under other
provisions of this part or part B.
``(B) Exemption.--Section 313(d) shall not apply to
institutions that are eligible to receive funds under
this section.
``(C) Distribution.--In awarding grants under this
section, the Secretary shall, to the extent possible
and consistent with the competitive process under which
such grants are awarded, ensure maximum and equitable
distribution among all eligible institutions.''.
SEC. 306. STRENGTHENING HISTORICALLY BLACK COLLEGES AND UNIVERSITIES.
(a) Definitions.--Section 322(4) (20 U.S.C. 1061(4)) is amended by
inserting after ``the Secretary'' the following: ``, in consultation
with the Commissioner of the National Center for Education
Statistics,''.
(b) Authorized Activities.--Section 323(a) (20 U.S.C. 1062(a)) is
amended--
(1) by redesignating paragraph (12) as paragraph (15); and
(2) by inserting after paragraph (11) the following new
paragraphs:
``(12) Acquisition of real property in connection with the
construction, renovation, or addition to or improvement of
campus facilities.
``(13) Education or financial information designed to
improve the financial literacy and economic literacy of
students or the students' parents, especially with regard to
student indebtedness and student assistance programs under the
title IV.
``(14) Technical assistance or services necessary for the
implementation of projects or activities that are described in
the grant application and that are approved, in advance, by the
Secretary, except that not more than two percent of the grant
amount may be used for this purpose.''.
(c) Allotments.--
(1) Minimum allotment.--Subsection (d) of section 324 (20
U.S.C. 1063(d)) is amended to read as follows:
``(d) Minimum Allotment.--(1) If an otherwise eligible part B
institution did not enroll any Pell Grant recipients, or did not
graduate any students in the previous academic year, or where
appropriate, send any such graduates on to graduate or first-
professional degree study, the institution shall not receive a grant
under this part.
``(2) If the data provided by an eligible institution, pursuant to
this section, is insufficient to justify an award in excess of
$500,000, the otherwise eligible institution shall receive an allotment
of $500,000, except that the Secretary shall not make an award of
$500,000 if the amount determined based upon the formulas using
subsection (b), (c), and (d) would be less than $250,000. If the amount
determined by the formula would be less than $250,000, the Secretary
shall award the minimum allotment of $250,000.''.
(2) Condition for allotments.--Section 324 (20 U.S.C. 1063)
is further amended by adding at the end the following new
subsection:
``(h) Conditions for Allotments.--No institution shall receive an
allotment under this section unless the institution provides data,
required by the Secretary consistent with the formula in subsections
(a) through (c), including the number of Pell Grant recipients enrolled
in the previous award year; the number of students who earned an
associate or baccalaureate degree in the previous academic year; and,
when appropriate, the percentage of graduates who, within the past five
years, enrolled in a graduate or first-professional degree program. No
institution shall receive an allotment, including the minimum allotment
under subsection (d), unless the institution provides the data required
of that institution by the Secretary.''.
(d) Professional or Graduate Institutions.--
(1) Duration of grant.--Section 326(b) (20 U.S.C. 1063b(b))
is amended by adding at the end the following new sentence:
``Any funds awarded for such five-year grant period that are
obligated during such five-year period may be expended during
the 10-year period beginning on the first day of such five-year
period.''.
(2) Authorized activities.--Section 326(c) (20 U.S.C.
1063b(c)) is amended--
(A) by striking ``and'' at the end of paragraph
(6);
(B) by striking the period at the end of paragraph
(7) and inserting a semicolon; and
(C) by adding at the end the following new
paragraphs:
``(8) acquisition of real property in connection with the
construction, renovation, or addition to or improvement of
campus facilities;
``(9) education or financial information designed to
improve the financial literacy and economic literacy of
students or the students' parents, especially with regard to
student indebtedness and student assistance programs under the
title IV; and
``(10) technical assistance or services necessary for the
implementation of projects or activities that are described in
the grant application and that are approved, in advance, by the
Secretary, except that not more than two percent of the grant
amount may be used for this purpose.''.
(3) Eligibility.--Section 326(e)(1) (20 U.S.C. 1063b(e)(1))
is amended--
(A) by striking ``and'' at the end of subparagraph
(Q);
(B) by striking the period at the end of
subparagraph (R) and inserting a semicolon; and
(C) by adding at the end the following new
subparagraphs:
``(S) Alabama State University qualified graduate
programs;
``(T) Bowie State University qualified graduate
programs;
``(U) Delaware State University qualified graduate
programs;
``(V) Langston University qualified graduate
programs;
``(W) Prairie View A&M University qualified
graduate programs; and
``(X) University of the District of Columbia David
A. Clarke School of Law.''.
(4) Conforming amendment.--Section 326(e)(3) (20 U.S.C.
1063b(e)(3)) is amended--
(A) by striking ``1998'' and inserting ``2008'';
and
(B) by striking ``(Q) and (R)'' and inserting ``(S)
through (X)''.
(5) Preservation of funding.--Section 326(f) (20 U.S.C.
1063b(f)) is amended--
(A) in paragraph (1)--
(i) by striking ``$26,600,000'' and
inserting ``$54,500,000''; and
(ii) by striking ``(P)'' and inserting
``(R)'';
(B) in paragraph (2)--
(i) by striking ``$26,600,000, but not in
excess of $28,600,000'' and inserting
``$54,500,000, but not in excess of
$60,500,000''; and
(ii) by striking ``subparagraphs (Q) and
(R)'' and inserting ``subparagraphs (S) through
(X)''; and
(C) in paragraph (3)--
(i) by striking ``$28,600,000'' and
inserting ``$60,500,000''; and
(ii) by striking ``(R)'' and inserting
``(X)''.
(e) Unexpended Funds.--Section 327(b) (20 U.S.C. 1063c(b)) is
amended to read as follows:
``(b) Use of Unexpended Funds.--Any funds paid to an institution
and not expended or used for the purposes for which the funds were paid
during the five-year period following the date of the initial grant
award, may be carried over and expended during the succeeding five-year
period, if such funds were obligated for a purpose for which the funds
were paid during the five-year period following the date of the initial
grant award.''.
SEC. 307. ENDOWMENT CHALLENGE GRANTS.
(a) Amounts.--Section 331(b) (20 U.S.C. 1065(b)) is amended--
(1) in paragraph (2)(B)(i), by striking ``$500,000'' and
inserting ``$1,000,000''; and
(2) in paragraph (5), by striking ``$50,000'' and inserting
``$100,000''.
(b) Technical Assistance.--Section 331 (20 U.S.C. 1065) is further
amended by adding at the end the following new subsection:
``(l) Technical Assistance.--The Secretary, directly or by grant or
contract, may provide technical assistance to eligible institutions to
prepare the institutions to qualify, apply for, and maintain a grant,
under this section.''.
SEC. 308. HISTORICALLY BLACK COLLEGE AND UNIVERSITY CAPITAL FINANCING.
(a) Definitions.--Section 342 (20 U.S.C. 1066a) is amended--
(1) in paragraph (5)(G), by inserting ``by an accrediting
agency or association recognized by the Secretary of
Education'' after ``agency or association'';
(2) in paragraph (8)--
(A) is amended by striking ``the private'' and
inserting ``any private''; and
(B) by inserting adding ``capital project'' after
``issuing taxable''; and
(3) by adding at the end the following new paragraphs:
``(10) The term `eligible foundation' means a non-profit
foundation owned and sponsored by an eligible institution, or
an entity wholly owned by such a foundation.
``(11) The term `borrower' means the eligible institution
or the eligible foundation that receives funding pursuant to a
loan.''.
(b) Federal Insurance for Bonds.--
(1) Responsibilities of designated bonding authority.--
Section 343(b) (20 U.S.C. 1066b(b)) is amended--
(A) in paragraph (1), by striking ``2 percent'' and
inserting ``1 percent'';
(B) in paragraph (3)(A), by inserting ``, not to
exceed 1 percent,'' after ``charge such interest'';
(C) in paragraph (8)--
(i) by inserting ``for loans closed before
June 15, 2008,'' before ``establish an escrow
account'';
(ii) in subparagraph (B)(ii), by inserting
``within 90 days'' after ``loan proceeds'';
(D) by striking ``and'' at the end of paragraph
(10);
(E) by striking the period at the end of paragraph
(11) and inserting a semicolon; and
(F) by adding at the end the following new
paragraphs:
``(12) with respect to any such loan, provide that any loan
collateralization shall not exceed 100 percent of the loan
amount; and
``(13) for loans closed after, June 15, 2008, establish a
reserve account which shall be available to the Secretary to
pay principal and interest on the bonds in the event of
delinquency in loan repayment, which reserve account shall
consist of an origination fee of 1 percent with respect to each
loan.''.
(2) Forbearance; deferment.--Section 343 is further amended
by adding at the end the follow new subsections:
``(f) Forbearance.--An insurance agreement under this subsection
shall contain provisions providing that, upon request from the borrower
and with the approval of the Secretary in consultation with the
Advisory Board, the designated bond authority shall grant a borrower
forbearance, renewable at 12-month intervals, on terms agreed to in
writing by the parties to the loan with the approval of the Secretary,
and otherwise consistent with the regulations of the Secretary.
``(g) Deferment.--An insurance agreement under this subsection
shall contain provisions providing that, during construction or
renovation, the Designated Bond Authority shall grant a borrower
deferment, renewable at 12-month intervals, on terms agreed to in
writing by the parties to the loan with the approval of the Secretary
in consultation with the Advisory Board, and otherwise consistent with
the regulations of the Secretary.''.
(c) Limitations on Federal Insurance for Bonds Issued by the
Designated Bonding Authority.--Section 344(a) (20 U.S.C. 1066c(a)) is
amended--
(1) by striking ``$375,000,000'' and inserting
``$1,100,000,000'';
(2) by striking ``$250,000,000'' and inserting
``$733,333,333''; and
(3) by striking ``$125,000,000'' and inserting
``$366,666,666''.
(d) Authority of the Secretary.--Section 345(1) (20 U.S.C.
1066d(1)) is amended--
(1) by striking ``the Higher Education Amendments of
1992,'' and inserting ``the College Opportunity and
Affordability Act of 2008'';
(2) by striking ``and'' at the end of subparagraph (A); and
(3) by inserting after subparagraph (B) the following new
subparagraphs:
``(C) specify up to 3 designated bonding
authorities to be authorized under this part; and
``(D) provide for periodic review of designated
bonding authority authorizations no less frequently
than every 3 years;''.
(e) HBCU Capital Financing Advisory Board.--Section 347(b)(1) (20
U.S.C. 1066f(b)(1)) is amended--
(1) by striking out ``9 members'' and inserting ``11
members'';
(2) in subparagraph (C), by striking ``two'' and inserting
``three'';
(3) by adding at the end the following new subparagraph:
``(G) The president of the Thurgood Marshall
Scholarship Fund.''.
SEC. 309. PROGRAMS IN STEM FIELDS.
(a) YES Partnerships; Entry Into STEM Fields.--Part E of title III
(20 U.S.C.1067 et seq.) is amended--
(1) by redesignating subpart 2 as subpart 3; and
(2) by inserting after subpart 1 the following new subpart:
``Subpart 2--Programs in STEM Fields
``SEC. 355. YES PARTNERSHIPS GRANT PROGRAM.
``(a) Grant Program Authorized.--Subject to the availability of
appropriations to carry out this subpart, the Secretary shall make
grants to eligible partnerships (as described in subsection (f)) to
support underrepresented minority youth engagement in science,
technology, engineering, and mathematics through outreach and hands-on,
experiential-based learning projects that encourage underrepresented
minority students in kindergarten through grade 12 to pursue careers in
science, technology, engineering, and mathematics.
``(b) Minimum Grant Amount.--A grant awarded to a partnership under
this subpart shall be for an amount that is not less than $500,000.
``(c) Duration.--A grant awarded under this subpart shall be for a
period of 5 years.
``(d) Non-Federal Matching Share Required.--A partnership receiving
a grant under this subpart shall provide, from non-Federal sources, in
cash or in kind, an amount equal to 50 percent of the costs of the
project supported by such grant.
``(e) Distribution of Grants.--In awarding grants under this
subpart, the Secretary shall ensure that, to the maximum extent
practicable, the projects funded under this subpart are located in
diverse geographic regions of the United States.
``(f) Eligible Partnerships.--Notwithstanding the general
eligibility provision in section 361, eligibility to receive grants
under this subpart is limited to partnerships described in paragraph
(5) of such section.
``SEC. 356. PROMOTION OF ENTRY INTO STEM FIELDS.
``(a) Authority To Contract, Subject to Appropriations.--The
Secretary of Education is authorized to enter into a contract with a
firm with a demonstrated record of success in advertising to implement
a campaign to expand the population of qualified individuals in
science, technology, engineering, and math (STEM) fields by encouraging
young Americans to enter the those fields.
``(b) Design of Campaign.--Such a campaign shall be designed to
enhance the image of education and professions in the STEM fields and
promote participation in the STEM fields and shall include--
``(1) monitoring trends in youth attitudes toward pursuing
education and professions in the STEM fields and their
propensity toward entering the STEM fields;
``(2) determining what factors contribute to encouraging
and discouraging Americans from pursuing study in STEM fields
and entering the STEM fields professionally;
``(3) determining what specific factors limit the
participation of groups currently underrepresented in STEM
fields, including Latinos, African-Americans, and women; and
``(4) drawing from the market research performed under this
section and implementing an advertising campaign to encourage
young Americans to take up studies in STEM fields, beginning at
an early age.
``(c) Required Components.--Such a campaign shall include
components that focus tailored messages on appropriate age groups,
starting with elementary school students. Such a campaign shall link
participation in the STEM fields to the concept of service to one's
country, so that young people will be encouraged to enter the STEM
fields in order fulfill the obligation to be of service to their
country.
``(d) Priority.--Such a campaign shall hold as a high priority
making specific appeals to Latinos, African-Americans, and women, who
are currently under-represented in the STEM fields, in order to
increase their numbers in the STEM fields, and shall tailor recruitment
efforts to each specific group.
``(e) Use of Variety of Media.--Such a campaign shall make use of a
variety of media, with an emphasis on television advertising, to reach
its intended audience.
``(f) Teaching.--Such a campaign shall include a narrowly focused
effort to attract current professionals in the STEM fields, through
advertising in mediums likely to reach that specific group, into
teaching in a STEM field in elementary and secondary school.
``SEC. 357. EVALUATION AND ACCOUNTABILITY PLAN.
``The Secretary shall develop an evaluation and accountability plan
for projects funded under this subpart. Such plan shall include, if the
Secretary determines that it is practical, an objective measure of the
impact of such projects, such as a measure of whether underrepresented
minority student enrollment in courses related to science, technology,
engineering, and mathematics increases at the secondary and
postsecondary levels.''.
(b) Eligibility for Grants.--Section 361 (20 U.S.C. 1067g) is
amended--
(1) by striking ``or'' at the end of paragraph (3);
(2) in paragraph (4)--
(A) by inserting ``to include public institutions
of higher education'' after ``organizations,'';
(B) in subparagraph (C), by inserting before the
semicolon the following: ``, the Department of Defense,
or the National Science Foundation'';
(C) by striking ``or'' at the end of subparagraph
(D);
(D) by striking the period at the end of
subparagraph (E) and inserting ``; or''; and
(E) by adding at the end the following new
subparagraph:
``(F) institutions of higher education which have
State-approved centers for research in science,
technology, engineering, and mathematics; or''; and
(3) by adding at the end the following new paragraph:
``(5) only with respect to grants under subpart 2,
partnerships of organizations, the membership of which shall
include--
``(A) at least one institution of higher education
eligible for assistance under this title or title V;
``(B) at least one high need local educational
agency (as defined in section 200); and
``(C) at least two community organizations or
entities, such as businesses, professional
associations, community-based organizations,
philanthropic organizations, or State agencies.''.
SEC. 310. TECHNICAL ASSISTANCE.
Section 391 (20 U.S.C. 1068) is amended by adding at the end the
following new subsection:
``(e) Technical Assistance.--The Secretary, directly or by grant or
contract, may provide technical assistance to eligible institutions to
prepare the institutions to qualify, apply for, and maintain a grant,
under this title.''.
SEC. 311. WAIVER AUTHORITY.
(a) Section 392 (20 U.S.C. 1068a) is amended by adding at the end
the following new subsection:
``(c) Waiver Authority With Respect to Institutions Located in an
Area Affected by a Gulf Hurricane Disaster.--
``(1) Waiver authority.--Notwithstanding any other
provision of the law unless enacted with specific reference to
this section, for any affected institution that was receiving
assistance under this title at the time of a Gulf hurricane
disaster, the Secretary shall, for each of the fiscal years
2009 through 2013--
``(A) waive--
``(i) the eligibility data requirements set
forth in section 391(d);
``(ii) the wait-out period set forth in
section 313(d);
``(iii) the allotment requirements under
section 324; and
``(iv) the use of the funding formula
developed pursuant to section 326(f)(3);
``(B) waive or modify any statutory or regulatory
provision to ensure that affected institutions that
were receiving assistance under this title at the time
of a Gulf hurricane disaster are not adversely impacted
by any formula calculation for fiscal year 2009 or for
any of the 4 succeeding fiscal years; and
``(C) make available to each affected institution
an amount that is not less than the amount made
available to such institution under this title for
fiscal year 2006.
``(2) Definitions.--In this subsection:
``(A) Affected institution.--The term `affected
institution' means an institution of higher education
that--
``(i) is--
``(I) a part A institution, as such
term is defined in section 312(b);
``(II) an American Indian Tribal
College or University, as such term is
defined in section 316(b);
``(III) an Alaskan Native-serving
institution or Native Hawaiian-serving
institution, as such terms are defined
in section 317(b); or
``(IV) a part B institution, as
such term is defined in section 322(2),
or as identified in section 326(e) of
such Act of 1965 (20 U.S.C. 1063(b));
``(ii) is located in an area affected by a
Gulf hurricane disaster; and
``(iii) is able to demonstrate that, as a
result of the impact of a Gulf hurricane
disaster, the institution--
``(I) incurred physical damage;
``(II) has pursued collateral
source compensation from insurance, the
Federal Emergency Management Agency,
and the Small Business Administration,
as appropriate; and
``(III) was not able to fully
reopen in existing facilities or to
fully reopen to the pre-hurricane
enrollment levels during the 30-day
period beginning on August 29, 2005.
``(B) Area affected by a gulf hurricane disaster;
gulf hurricane disaster.--The terms `area affected by a
Gulf hurricane disaster' and `Gulf hurricane disaster'
have the meanings given such terms in section 209 of
the Higher Education Hurricane Relief Act of 2005
(Public Law 109-148, 119 Stat. 2809).''.
SEC. 312. AUTHORIZATION OF APPROPRIATIONS.
(a) Authorizations.--Section 399(a) (20 U.S.C. 1068h(a)) is amended
to read as follows:
``(a) Authorizations.--
``(1) Part a.--(A) There are authorized to be appropriated
to carry out part A, $150,000,000 (other than sections 316
through 320) for fiscal year 2009, and such sums as may be
necessary for each of the 4 succeeding fiscal years.
``(B) There are authorized to be appropriated to carry out
section 316, $30,000,000 for fiscal year 2009 and such sums as
may be necessary for each of the 4 succeeding fiscal years.
``(C) There are authorized to be appropriated to carry out
section 317, $15,000,000 for fiscal year 2009 and such sums as
may be necessary for each of the 4 succeeding fiscal years.
``(D) There are authorized to be appropriated to carry out
section 318, $75,000,000 for fiscal year 2009 and such sums as
may be necessary for each of the 4 succeeding fiscal years.
``(E) There are authorized to be appropriated to carry out
section 319, $30,000,000 for fiscal year 2009 and such sums as
may be necessary for each of the 4 succeeding fiscal years.
``(F) There are authorized to be appropriated to carry out
section 320, $25,000,000 for fiscal year 2009 and such sums as
may be necessary for each of the 4 succeeding fiscal years.
``(2) Part b.--(A) There are authorized to be appropriated
to carry out part B (other than section 326), $500,000,000 for
fiscal year 2009, and such sums as may be necessary for each of
the 4 succeeding fiscal years.
``(B) There are authorized to be appropriated to carry out
section 326, $125,000,000 for fiscal year 2009, and such sums
as may be necessary for each of the 4 succeeding fiscal years.
``(3) Part c.--There are authorized to be appropriated to
carry out part C, $20,000,000 for fiscal year 2009, and such
sums as may be necessary for each of the 4 succeeding fiscal
years.
``(4) Part d.--(A) There are authorized to be appropriated
to carry out part D (other than section 345(7), but including
section 347), $150,000 for fiscal year 2009, and such sums as
may be necessary for each of the 4 succeeding fiscal years.
``(B) There are authorized to be appropriated to carry out
section 345(7), such sums as may be necessary for fiscal year
2009 and each of the 4 succeeding fiscal years.
``(5) Part e.--(A) There are authorized to be appropriated
to carry out subpart 1 of part E, $12,000,000 for fiscal year
2009 and such sums as may be necessary for each of the 4
succeeding fiscal years.
``(B) There are authorized to be appropriated to carry out
subpart 2 of part E, $10,000,000 for fiscal year 2009 and such
sums as may be necessary for each of the 4 succeeding fiscal
years.''.
(b) Minimum Grant Amount.--Section 399 (20 U.S.C. 1068h) is amended
by adding at the end the following:
``(c) Minimum Grant Amount.--The minimum amount of a grant under
this title shall be $200,000.''.
SEC. 313. TECHNICAL CORRECTIONS.
(a) Amendments.--Title III (20 U.S.C. 1051 et seq.) is further
amended--
(1) in section 342(5)(C) (20 U.S.C. 1066a(5)(C)), by
striking ``,,'' and inserting ``,'';
(2) in section 343(e) (20 U.S.C. 1066b(e)), by inserting
``Sale of Qualified Bonds.--'' before ``Notwithstanding'';
(3) in the matter preceding clause (i) of section 365(9)(A)
(20 U.S.C. 1067k(9)(A)), by striking ``support'' and inserting
``supports'';
(4) in section 391(b)(7)(E) (20 U.S.C. 1068(b)(7)(E)), by
striking ``subparagraph (E)'' and inserting ``subparagraph
(D)'';
(5) in the matter preceding subparagraph (A) of section
392(b)(2) (20 U.S.C. 1068a(b)(2)), by striking ``eligible
institutions under part A institutions'' and inserting
``eligible institutions under part A''; and
(6) in the matter preceding paragraph (1) of section 396
(20 U.S.C. 1068e), by striking ``360'' and inserting ``399''.
(b) Redesignation and Relocation.--The Higher Education Act of 1965
is further amended--
(1) by redesignating part J of title IV (as added by
section 802 of the College Cost Reduction and Access Act) as
part G of title III, and moving such part from the end of title
IV to the end of title III; and
(2) by redesignating section 499A (as added by such
section) as section 399A.
TITLE IV--TITLE IV AMENDMENTS
PART A--PART A AMENDMENTS
SEC. 401. FEDERAL PELL GRANTS.
(a) Authorized Maximums.--Section 401(b)(2)(A) (20 U.S.C.
1070a(b)(2)(A)) is amended to read as follows:
``(2)(A) The amount of the Federal Pell Grant for a student
eligible under this part shall be $9,000 for each of the academic years
2009-2010 through 2013-2014, less an amount equal to the amount
determined to be the expected family contribution with respect to that
student for that year.''.
(b) Multiple Grants.--
(1) Amendment.--Paragraph (5) of section 401(b) is amended
to read as follows:
``(5) Year-round pell grants.--The Secretary shall, for
students enrolled in a baccalaureate degree, associate's
degree, or certificate program of study at an eligible
institution, award such students not more than two Pell grants
during an award year to permit such students to accelerate
progress toward their degree or certificate objectives by
enrolling in courses for more than 2 semesters, or 3 quarters,
or the equivalent, in a given academic year.''.
(2) Effective date.--The amendment made by paragraph (1)
shall be effective July 1, 2009.
(c) Ineligibility Based on Involuntary Civil Commitment for Sexual
Offenses.--Paragraph (7) of section 401(b) (as redesignated by section
101(a) of the College Cost Reduction and Access Act) is amended by
inserting before the period the following: ``or who is subject to an
involuntary civil commitment upon completion of a period of
incarceration for a forcible or nonforcible sexual offense (as
determined in accordance with the Federal Bureau of Investigation's
Uniform Crime Reporting Program)''.
(d) Technical Amendments to CCRAA.--Section 401(b)(9) is amended--
(1) by amending subparagraph (D) to read as follows:
``(D) Program requirements and operations otherwise
unaffected.--Except as provided in subparagraphs (B)
and (C), nothing in this paragraph shall be construed
to alter the requirements and operations of the Federal
Pell Grant Program as authorized under this section, or
authorize the imposition of additional requirements or
operations for the determination and allocation of
Federal Pell Grants under this section.''; and
(2) by amending subparagraph (F) to read as follows:
``(F) Availability of funds.--The amounts made
available by subparagraph (A) for any fiscal year shall
be available beginning on October 1 of that fiscal
year, and shall remain available through September 30
of the succeeding fiscal year.''.
(e) Maximum Duration of Eligibility.--Section 401(c) is amended by
adding at the end the following new paragraph:
``(5) The period during which a student may receive Federal Pell
Grants shall not exceed the equivalent of 18 semesters or 27 quarters
in duration, as determined by the Secretary by regulation. Such
regulations shall provide, with respect to a student who received a
Federal Pell Grant for a semester or quarter but was enrolled at a
fraction of full-time, that only that same fraction of such semester or
quarter shall count towards such duration limits. The provisions of
this paragraph shall apply only to a student who receives a Federal
Pell Grant for the first time on or after July 1, 2008.''.
(f) Calculation of Federal Pell Grant Eligibility.--
(1) Amendment.--Section 401(f) of the Higher Education Act
of 1965 (20 U.S.C. 1070a(f)) is amended by adding at the end
the following new paragraph:
``(4)(A) Notwithstanding paragraph (1) or any other
provision of this section, the expected family contribution of
each student described in subparagraph (B) shall be deemed to
be zero for the period during which each such student is
eligible to receive a Federal Pell Grant under subsection (c).
``(B) Subparagraph (A) shall apply to any student at an
institution of higher education--
``(i) whose parent or guardian was a member of the
Armed Forces of the United States who died as a result
of performing military service in Iraq or Afghanistan
after September 11, 2001; and
``(ii) who was 18 years or less, or was enrolled as
a full-time or part-time student at an institution of
higher education, as of the time of the parent or
guardian's death.''.
(2) Effective date.--The amendment made by paragraph (1)
shall apply with respect to Federal Pell Grants awarded for
academic year 2009-2010, and each succeeding academic year.
(g) Academic Competitiveness Grants.--Section 401A (as amended by
section 8003 of Public Law 109-171)--
(1) in subsection (b), by striking ``academic'' each place
it appears;
(2) in subsection (c)--
(A) in the matter preceding paragraph (1)--
(i) by striking ``academic'' and inserting
``award''; and
(ii) by striking ``full-time''; and
(B) by amending paragraph (1) to read as follows:
``(1) is an eligible student under section 484, including
being enrolled or accepted for enrollment in a degree,
certificate, or other eligible program leading to a recognized
educational credential at an institution of higher
education;''; and
(C) in paragraph (3)--
(i) by striking ``academic'' each place it
appears;
(ii) by striking ``established by a State
or local educational agency and recognized as
such by the Secretary'' each place it appears
in subparagraphs (A)(i) and (B)(i) and
inserting ``that prepares students for college
and work beyond the basic graduation
requirements and that is recognized as such by
the designated State official, or with respect
to any private school or home school, the
designated school official for such school,
consistent with State law'';
(iii) in subparagraph (A)(ii), by inserting
``, except as part of a secondary school
program of study'' before the semicolon;
(iv) in subparagraph (C)--
(I) by striking clause (i)(II) and
inserting the following:
``(II) a critical foreign language;
and''; and
(II) in clause (ii), by striking
the period at the end and inserting ``;
and''; and
(v) by adding at the end the following:
``(D) the third or fourth year of a program of
undergraduate education at an institution of higher
education (as defined in section 101(a)) that
demonstrates, to the satisfaction of the Secretary,
that the institution--
``(i) offers a single liberal arts
curriculum leading to a baccalaureate degree,
under which students are not permitted by the
institution to declare a major in a particular
subject area, and those students--
``(I) study, in such years, a
subject described in subparagraph
(C)(i) that is at least equal to the
requirements for an academic major at
an institution of higher education that
offers a baccalaureate degree in such
subject, as certified by an appropriate
official from the institution; or
``(II) has obtained a cumulative
grade point average of at least 3.0 (or
the equivalent as determined under
regulations prescribed by the
Secretary) in the relevant coursework;
and
``(ii) offered such curriculum prior to
February 8, 2006.'';
(3) in subsection (d)--
(A) in paragraph (1)(A)--
(i) in clause (i), by inserting ``for one
academic year during the student's first year
of enrollment'' after ``$750'';
(ii) in clause (ii), by inserting ``for one
academic year during the student's second year
of enrollment'' after ``$1,300''; and
(iii) in clause (iii)--
(I) by inserting ``for one academic
year'' after ``$4,000''; and
(II) by striking ``subsection
(c)(3)(C).'' and inserting
``subparagraph (C) or (D) of subsection
(c)(3), for each of the 2 years
described in such subparagraphs; or'';
(B) in paragraph (2)--
(i) in subparagraph (A)--
(I) by striking ``an academic'' and
inserting ``a''; and
(II) by striking ``(B), or (C)''
and inserting ``(B), (C), or (D)''; and
(ii) in subparagraph (B)--
(I) by striking ``or'' at the end
of clause (ii); and
(II) by striking clause (iii) and
inserting the following:
``(iii) two academic years under subsection
(c)(3)(C); or
``(iv) two academic years under subsection
(c)(3)(D).''; and
(C) by adding at the end the following new
paragraph:
``(3) Adjustment for less than full-time enrollment.--A
grant awarded under this section to an eligible student who
attends an eligible institution on a less than full-time (but
at least half-time or more) basis shall be reduced in the same
proportion as would a Federal Pell Grant pursuant to section
401(b)(2)(B).''; and
(4) in subsection (g), by striking ``academic'' and
inserting ``award''.
SEC. 402. FEDERAL TRIO PROGRAMS.
(a) Program Authority; Authorization of Appropriations.--Section
402A (20 U.S.C. 1070a-11) is amended--
(1) in subsection (b)--
(A) in paragraph (1)--
(i) by inserting ``community-based
organizations with experience in serving
disadvantaged youth'' after ``private agencies
and organizations''; and
(ii) by striking ``in exceptional
circumstances,'';
(B) in paragraph (2)--
(i) in the matter preceding subparagraph
(A), by striking ``4'' and inserting ``5''; and
(ii) by amending subparagraph (A) to read
as follows:
``(A) to synchronize the awarding of grants for
programs under this chapter, the Secretary may, under
such terms as are consistent with the purposes of this
chapter, provide a one-time, limited extension of the
length of such an award;''; and
(C) by striking paragraph (3) and inserting the
following:
``(3) Minimum grants.--Unless the institution or agency
requests a smaller amount, an individual grant authorized under
this chapter shall be awarded in an amount that is not less
than $200,000, except that an individual grant authorized under
section 402G shall be awarded in an amount that is not less
than $170,000.'';
(2) in subsection (c)--
(A) in paragraph (2)--
(i) by striking ``(2) prior experience.--
In'' and inserting the following:
``(2) Considerations.--(A) Prior experience.--In'';
(ii) by striking ``service delivery'' and
inserting ``high quality service delivery, as
determined under subsection (f),''; and
(iii) by adding at the end the following
new subparagraph:
``(B) Participant need.--In making grants under this
chapter, the Secretary shall consider the number, percentages,
and needs of eligible participants in the area, college, or
school or schools to be served to aid such participants in
preparing for, enrolling in, or succeeding in college, as
appropriate to the particular program for which the eligible
entity is applying.'';
(B) in paragraph (3)(B), by striking ``is not
required to'' and inserting ``shall not'';
(C) in paragraph (5), by striking ``campuses'' and
inserting ``different campuses''; and
(D) in paragraph (6), by adding at the end the
following new sentence: ``The Secretary shall require
each applicant for funds under the programs authorized
by this chapter to identify services to foster care
youth (including youth in foster care and youth who
have left foster care after reaching age 16) as a
permissible service in those programs, and to ensure
that such youth receive supportive services, including
mentoring, tutoring, and other services provided by
those programs.'';
(3) in subsection (e)--
(A) by striking ``(g)(2)'' each place it appears
and inserting ``(h)(4)''; and
(B) by adding at the end the following new
paragraph:
``(3) Notwithstanding this subsection and subsection (i)(4),
individuals who are homeless or unaccompanied youth as defined in
section 725 of the McKinney-Vento Homeless Assistance Act shall be
eligible to participate in programs under sections 402B, 402C, 402D,
and 402F of this chapter.'';
(4) by redesignating subsections (f) and (g) as subsections
(g) and (h), respectively;
(5) by inserting after subsection (e) the following:
``(f) Outcome Criteria.--
``(1) Use for prior experience determination.--The
Secretary shall use the outcome criteria described in
paragraphs (2) and (3) to evaluate the programs provided by a
recipient of a grant under this chapter, and the Secretary
shall determine an eligible entity's prior experience of high
quality service delivery, as required under subsection (c)(2),
based on the outcome criteria.
``(2) Disaggregation of relevant data.--The outcome
criteria under this subsection shall be disaggregated by low-
income students, first generation college students, and
individuals with disabilities, in the schools and institutions
of higher education served by the program to be evaluated.
``(3) Contents of outcome criteria.--The outcome criteria
under this subsection shall measure, annually and for longer
periods, the quality and effectiveness of programs authorized
under this chapter and shall include the following:
``(A) For programs authorized under section 402B,
the extent to which the eligible entity met or exceeded
the entity's objectives established in the entity's
application for such program regarding--
``(i) the delivery of service to a total
number of students served by the program;
``(ii) the continued secondary school
enrollment of such students;
``(iii) the graduation of such students
from secondary school;
``(iv) the completion by such students of a
rigorous secondary school program of study that
will make them eligible for programs such as
the Academic Competitiveness Grants; and
``(v) the enrollment of such students in an
institution of higher education.
``(B) For programs authorized under section 402C,
the extent to which the eligible entity met or exceeded
the entity's objectives for such program regarding--
``(i) the delivery of service to a total
number of students served by the program, as
agreed upon by the entity and the Secretary for
the period;
``(ii) such students' school performance,
as measured by the grade point average, or its
equivalent;
``(iii) such students' academic
performance, as measured by standardized tests,
including tests required by the students'
State;
``(iv) the retention in, and graduation
from, secondary school of such students;
``(v) the completion by such students of a
rigorous secondary school program of study that
will make them eligible for programs such as
the Academic Competitiveness Grants; and
``(vi) the enrollment of such students in
an institution of higher education.
``(C) For programs authorized under section 402D--
``(i) the extent to which the eligible
entity met or exceeded the entity's objectives
regarding the retention in postsecondary
education of the students served by the
program;
``(ii)(I) in the case of an entity that is
an institution of higher education offering a
baccalaureate degree, the extent to which the
percentage of students served by the program
who completed degree programs met or exceeded
the entity's objectives; or
``(II) in the case of an entity that is an
institution of higher education that does not
offer a baccalaureate degree, the extent to
which the students served by the entity met or
exceeded s objectives regarding--
``(aa) the completion of a degree
or certificate; and
``(bb) the transfer to institutions
of higher education that offer
baccalaureate degrees;
``(iii) the extent to which the entity met
or exceeded the entity's objectives regarding
the delivery of service to a total number of
students, as agreed upon by the entity and the
Secretary for the period; and
``(iv) the extent to which the entity met
or exceeded the entity's objectives regarding
such students remaining in good academic
standing.
``(D) For programs authorized under section 402E,
the extent to which the entity met or exceeded the
entity's objectives for such program regarding--
``(i) the delivery of service to a total
number of students, as agreed upon by the
entity and the Secretary for the period;
``(ii) the provision of appropriate
scholarly and research activities for the
students served by the program;
``(iii) the acceptance and enrollment of
such students in graduate programs; and
``(iv) the continued enrollment of such
students in graduate study and the attainment
of doctoral degrees by former program
participants.
``(E) For programs authorized under section 402F,
the extent to which the entity met or exceeded the
entity's objectives for such program regarding--
``(i) the enrollment of students without a
secondary school diploma or its recognized
equivalent, who were served by the program, in
programs leading to such diploma or equivalent;
``(ii) the enrollment of secondary school
graduates who were served by the program in
programs of postsecondary education;
``(iii) the delivery of service to a total
number of students, as agreed upon by the
entity and the Secretary for the period; and
``(iv) the provision of assistance to
students served by the program in completing
financial aid applications and college
admission applications.
``(4) Measurement of progress.--In order to determine the
extent to which an outcome criterion described in paragraph (2)
or (3) is met or exceeded, the Secretary shall compare the
agreed upon target for the criterion, as established in the
eligible entity's application approved for funding by the
Secretary, with the results for the criterion, measured as of
the last day of the applicable time period for the
determination for each outcome criteria.
``(5) Appeals.--(A) Upon a determination by the Secretary
not to accept an application, or upon a determination by the
Secretary through the peer review process as specified in
subsection (c)(4) not to fund an application, for any program
under this chapter, the Secretary shall allow such applicant to
appeal the funding decision. An applicant may submit a written
request for reconsideration of the application, with
appropriate documentary evidence, to the Secretary.
``(B) For appeals regarding the awarding of points for
prior experience of high quality service delivery or a decision
not to read an application or any mishandling of such
application, a panel of three Department employees appointed by
the Secretary shall review each request for reconsideration.
The panel shall review the request for the purpose of
identifying any technical errors or administrative problems
with the scoring of the application, the awarding of prior
experience points, or the handling of the application,
including any decision not to read an application. The panel
shall make its recommendations to the Secretary in writing.
``(C) For appeals regarding scoring decisions by the peer
review panel, the Secretary shall refer the application to a
second peer review panel.
``(D) In each instance, after the Secretary or the
Secretary's designee considers the recommendations of the panel
and makes a final decision, the Secretary shall notify each
entity requesting reconsideration under this paragraph
regarding the status of their appeal within 90 days after the
date the applicant submitted the appeal.'';
(6) in subsection (g) (as redesignated by paragraph (4))--
(A) in the first sentence, by striking
``$700,000,000 for fiscal year 1999'' and all that
follows through the period and inserting ``$950,000,000
for fiscal year 2009 and such sums for each of the 4
succeeding fiscal years.''; and
(B) by striking the fourth sentence; and
(7) in subsection (h) (as redesignated by paragraph (4))--
(A) by redesignating paragraphs (1) through (4) as
paragraphs (3) through (6), respectively;
(B) by inserting before paragraph (3) (as
redesignated by subparagraph (A)) the following:
``(1) Different campus.--The term `different campus' means
a site of an institution of higher education that--
``(A) is geographically apart from the main campus
of the institution;
``(B) is permanent in nature; and
``(C) offers courses in educational programs
leading to a degree, certificate, or other recognized
educational credential.
``(2) Different population.--The term `different
population' means a group of individuals that an eligible
entity desires to serve through an application for a grant
under this chapter, and that--
``(A) is separate and distinct from any other
population that the entity has applied for a grant
under this chapter to serve; or
``(B) while sharing some of the same needs as
another population that the eligible entity has applied
for a grant under this chapter to serve, has distinct
needs for specialized services.'';
(C) in paragraph (5) (as redesignated by
subparagraph (A))--
(i) in subparagraph (A)--
(I) by striking ``, any part of
which occurred after January 31,
1955,''; and
(II) by striking ``or'' after the
semicolon;
(ii) in subparagraph (B)--
(I) by striking ``after January 31,
1955,''; and
(II) by striking the period at the
end and inserting a semicolon; and
(iii) by adding at the end the following:
``(C) was a member of a reserve component of the
Armed forces called to active duty for a period of more
than 180 days; or
``(D) was a member of a reserve component of the
Armed Forces who served on active duty in support of a
contingency operation (as that term is defined in
section 101(a)(13) of title 10, United States Code) on
or after September 11, 2001.''; and
(D) in paragraph (6), by striking ``subparagraph
(A) or (B) of paragraph (3)'' and inserting
``subparagraph (A), (B), or (C) of paragraph (5)''.
(b) Talent Search.--Section 402B(b)(10) (20 U.S.C. 1070a-12(b)(10))
is amended by inserting ``, groups of persons from disadvantaged
backgrounds that have particular lower educational access or outcomes,
or disconnected students'' after ``limited English proficiency''.
(c) Upward Bound.--Section 402C (20 U.S.C. 1070a-13) is amended--
(1) in subsection (b)(11), by inserting ``, including
mathematics and science preparation,'' after ``special
services'';
(2) in subsection (b)(12), by inserting ``, groups of
persons from disadvantaged backgrounds that have particular
lower educational access or outcomes, or disconnected
students'' after ``limited English proficiency''; and
(3) by adding at the end the following:
``(f) Absolute Priority Prohibited in Upward Bound Program.--Upon
enactment of this subsection and except as otherwise expressly provided
by amendment to this section, the Secretary shall not continue
implement or enforce the absolute priority for Upward Bound Program
published by the Department of Education in the Federal Register on
September 22, 2006 (71 Fed. Reg. 55447 et seq.). This subsection shall
not be applied retroactively. In implementing this subsection, the
Department shall allow the programs and participants chosen in the
grant cycle to which the priority applies to continue their grants and
participation without a further recompetition. The entities shall not
be required to apply the absolute priority conditions or restrictions
to future participants.''.
(d) Student Support Services.--Section 402D(b)(10) (20 U.S.C.
1070a-14(b)(10)) is amended by inserting ``, groups of persons from
disadvantaged backgrounds that have particular lower educational access
or outcomes, or disconnected students'' after ``limited English
proficiency''.
(e) Amendment to Postbaccalaureate Achievement Program.--Section
402E(c)(2) (20 U.S.C. 1070a-15(c)(2)) is amended by inserting ``,
including Native Hawaiians, as defined section 317(b)(3), and Pacific
Islanders'' after ``graduate education''.
(f) Educational Opportunity Centers.--Section 402F(b)(10) (20
U.S.C. 1070a-16(b)(10)) is amended by inserting ``, groups of persons
from disadvantaged backgrounds that have particular lower educational
access or outcomes, or disconnected students'' after ``limited English
proficiency''.
(g) Staff Development Activities.--Section 402G(b) (20 U.S.C.
1070a-17(b)) is amended by adding at the end the following new
paragraph:
``(5) Strategies for recruiting and serving hard-to-reach
populations, including students of limited English proficiency,
groups of persons from disadvantaged backgrounds that have
particular lower educational access or outcomes, disconnected
students, and students with disabilities.''.
(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;
(3) by inserting before subsection (b) (as redesignated by
paragraph (2)) the following:
``(a) Reports to the Authorizing Committees.--The Secretary shall
submit annually to the authorizing committees a report that documents
the performance of all programs funded under this chapter. The report
shall--
``(1) be submitted not later than 24 months after the
eligible entities receiving funds under this chapter are
required to report their performance to the Secretary;
``(2) focus on the programs' performance on the relevant
outcome criteria determined under section 402A(f)(4);
``(3) aggregate individual project performance data on the
outcome criteria in order to provide national performance data
for each program;
``(4) include, when appropriate, descriptive data, multi-
year data, and multi-cohort data; and
``(5) include comparable data on the performance nationally
of low-income students, first-generation students, and students
with disabilities.''; and
(4) in subsection (b) (as redesignated by paragraph (2)),
by striking paragraph (2) and inserting the following:
``(2) Practices.--
``(A) In general.--The evaluations described in
paragraph (1) shall identify institutional, community,
and program or project practices that are particularly
effective in--
``(i) enhancing the access of low-income
individuals and first-generation college
students to postsecondary education;
``(ii) the preparation of the individuals
and students for postsecondary education; and
``(iii) fostering the success of the
individuals and students in postsecondary
education.
``(B) Primary purpose.--Any evaluation conducted
under this chapter shall have as its primary purpose
the identification of particular practices that further
the achievement of the outcome criteria determined
under section 402A(f)(4).
``(C) Dissemination and use of evaluation
findings.--The Secretary shall disseminate to eligible
entities and make available to the public the practices
identified under subparagraph (B). Such practices may
be used by eligible entities that receive assistance
under this chapter after the dissemination.
``(3) Recruitment.--The Secretary shall not require an
eligible entity desiring to receive assistance under this
chapter to recruit students to serve as a control group for
purposes of evaluating any program or project assisted under
this chapter.
``(4) Consideration.--When designing an evaluation under
this subsection, the Secretary shall consider--
``(A) the burden placed upon the program
participants or the eligible entity; and
``(B) approval by the institution's institutional
review board.''.
SEC. 403. GEARUP AMENDMENTS.
(a) Eligible Students.--Section 404A(a) (20 U.S.C. 1070a-21(a)) is
amended--
(1) in paragraph (1), by inserting ``, including students
with disabilities,'' after ``low-income students''; and
(2) in paragraph (2)(A), by inserting ``, including
students with disabilities,'' after ``secondary school
students''.
(b) Award Period; Priority.--Section 404A(b) (20 U.S.C. 1070a-
21(b)) is amended by striking paragraph (2) and inserting the
following:
``(2) Award period.--The Secretary may award a grant under
this chapter to an eligible entity described in paragraphs (1)
and (2) of subsection (c) for 7 years.
``(3) Priority.--In making awards to eligible entities
described in subsection (c)(1), the Secretary shall--
``(A) give priority to eligible entities that--
``(i) on the day before the date of
enactment of the College Opportunity and
Affordability Act of 2008, carried out
successful educational opportunity programs
under this chapter (as this chapter was in
effect on such day); and
``(ii) have a prior, demonstrated
commitment to early intervention leading to
college access through collaboration and
replication of successful strategies; and
``(B) ensure that students served under this
chapter on the day before the date of enactment of the
College Opportunity and Affordability Act of 2008
continue to receive assistance through the completion
of secondary school.''.
(c) Requirements: Continuity of Services.--
(1) Cohort approach.--Section 404B(g)(1) (20 U.S.C. 1070a-
22(g)(1)) is amended--
(A) by striking ``and'' at the end of subparagraph
(A);
(B) in subparagraph (B)--
(i) by inserting ``and provide the option
of continued services through the student's
first year of attendance at an institution of
higher education'' after ``grade level''; and
(ii) by striking the period at the end and
inserting ``; and''; and
(C) by adding at the end the following new
subparagraph:
``(C) provide services under this chapter to
students who have received services under a previous
GEAR UP grant award but have not yet completed the 12th
grade.''.
(2) Early intervention.--Section 404D (20 U.S.C. 1070a-24)
is amended--
(A) in subsection (a)(1)(B)--
(i) by striking ``and'' at the end of
clause (ii);
(ii) by striking the period at the end of
clause (iii) and inserting ``; and''; and
(iii) by adding at the end the following
new clause:
``(iv) the transition to college or
postsecondary education through continuity of
services to support students in and through the
first year of attendance at an institution of
higher education.'';
(B) in subsection (b)(2)(A)--
(i) by inserting ``and students in the
first year of attendance at an institution of
higher education'' after ``grade 12'';
(ii) by striking ``and'' at the end of
clause (i);
(iii) by striking the period at the end of
clause (ii) and inserting ``; and''; and
(iv) by adding at the end the following new
clause:
``(iii) may include special programs or
tutoring in science, technology, engineering,
or mathematics.''; and
(C) in subsection (c)--
(i) in the matter preceding paragraph (1),
by striking ``grade 12 who is eligible'' and
inserting ``grade 12, and may consider a
student in the first year of attendance at an
institution, who is'';
(ii) in paragraph (1), by inserting
``eligible'' before ``to be counted'';
(iii) in paragraph (2), by inserting
``eligible'' before ``for free'', and by
striking ``or'';
(iv) in paragraph (3), by inserting
``eligible'' before ``for assistance'', and by
striking the period and inserting ``; or''; and
(v) by adding at the end the following new
paragraph:
``(4) a disconnected student.''.
(d) Flexibility in Meeting Matching Requirements.--Section 404C (20
U.S.C. 1070a-23) is amended--
(1) in subsection (b)--
(A) in paragraph (1)(A), by inserting ``and accrued
over the full duration of the grant award period''
after ``in cash or in kind'';
(B) in paragraph (2), by adding at the end the
following new sentence: ``Eligible entities may request
a reduced match percentage at the time of application
or by petition subsequent to a grant award, provided
that an eligible entity can demonstrate a change in
circumstances that was unknown at the time of
application.''; and
(C) by adding at the end the following new
paragraph:
``(3) Additional special rule.--To encourage eligible
entities described in 404A(c) to provide students under this
chapter with financial assistance for postsecondary education,
each dollar of non-Federal funds obligated under subsection
(c)(1) and (c)(2) shall, for purposes of paragraph (1)(A) of
this subsection, be treated as 2 dollars.''; and
(2) in subsection (c)--
(A) in paragraph (1), by striking ``paid to
students from State, local, institutional, or private
funds under this chapter'' and inserting ``obligated to
students from State, local, institutional, or private
funds under this chapter, including pre-existing , non-
Federal financial assistance programs'';
(B) by striking ``and'' at the end of paragraph
(2);
(C) by striking the period at the end of paragraph
(3) and inserting ``; and''; and
(D) by adding at the end the following new
paragraph:
``(4) other resources recognized by the Secretary,
including equipment and supplies, cash contribution from non-
Federal sources, transportation expenses, in-kind or discounted
program services, indirect costs, and facility usage.''.
(e) Early Intervention.--Section 404D (20 U.S.C. 1070a-24) is
amended--
(1) in subsection (b)(2)(A)(ii), by striking ``and academic
counseling'' and inserting ``, academic counseling, and
financial literacy and economic literacy education or
counseling'';
(2) in subsection (b)(2), by adding at the end the
following new subparagraphs:
``(F) Fostering and improving parent and family
involvement in elementary and secondary education by
promoting the advantages of a college education, and
emphasizing academic admission requirements and the
need to take college preparation courses, through
parent engagement and leadership activities.
``(G) Engaging entities described in section
404A(c)(2)(C) in a collaborative manner to provide
matching resources and participate in other activities
authorized under this section.
``(H) Disseminating information that promotes the
importance of higher education, explains college
preparation and admission requirements, and raises
awareness of the resources and services provided by the
eligible entities described in section 404A(c) to
eligible students, their families, and communities.'';
and
(3) by adding at the end of subsection (b) the following
new paragraph:
``(3) Additional permissible activities for states.--In
meeting the requirements of subsection (a), an eligible entity
described in section 404A(c) (1) receiving funds under this
chapter may, in addition to the activities authorized by
paragraph (2) of this subsection, use funds to provide
technical assistance to--
``(A) middle schools or secondary schools that are
located within the State; or
``(B) partnerships described in section 404A(c)(2)
that are located within the State.''.
(f) Scholarship Component.--Section 404E(b)(2) (20 U.S.C. 1070a-25)
is amended by striking ``the maximum Federal Pell Grant'' and inserting
``the minimum Federal Pell Grant''.
(g) Authorization of Appropriations.--Section 404H (20 U.S.C.
1070a-31) is amended by striking ``$200,000,000 for fiscal year 1999
and such sums as may be necessary for each of the 4 succeeding fiscal
years'' and inserting ``$400,000,000 for fiscal year 2009 and such sums
as may be necessary for each of the 4 succeeding fiscal years''.
SEC. 404. ACADEMIC ACHIEVEMENT INCENTIVE SCHOLARSHIPS.
Chapter 3 of subpart 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) Authorization of Appropriations.--Section 413A(b)(1) (20 U.S.C.
1070b(b)(1)) is amended by striking ``$675,000,000 for fiscal year
1999'' and inserting ``$875,000,000 for fiscal year 2009''.
(b) Allowance for Books and Supplies.--Section 413D(c)(3)(D) (20
U.S.C. 1070b-3(c)(3)(D)) is amended by striking ``$450'' and inserting
``$600''.
SEC. 406. GRANTS FOR ACCESS AND PERSISTENCE.
(a) Authorization of Appropriations.--Section 415A(b) (20 U.S.C.
1070c(b)) is amended by striking paragraphs (1) and (2) and inserting
the following:
``(1) In general.--There are authorized to be appropriated
to carry out this subpart $200,000,000 for fiscal year 2009 and
such sums as may be necessary for each of the 4 succeeding
fiscal years.
``(2) Reservation.--For any fiscal year for which the
amount appropriated under paragraph (1) exceeds $30,000,000,
the excess amount shall be available to carry out section
415E.''.
(b) Applications for Leveraging Educational Assistance Partnership
Programs.--Section 415C(b) (20 U.S.C. 1070c-2(b)) is amended--
(1) in paragraph (2), by striking ``$5,000'' and inserting
``$12,500'';
(2) in paragraph (9), by striking ``and'' after the
semicolon;
(3) in paragraph (10), by striking the period at the end
and inserting ``; and''; and
(4) by adding at the end the following:
``(11) provides notification to eligible students that such
grants are--
``(A) Leveraging Educational Assistance Partnership
Grants; and
``(B) funded by the Federal Government and the
State.''.
(c) Grants for Access and Persistence.--Section 415E (20 U.S.C.
1070c-3a) is amended to read as follows:
``SEC. 415E. GRANTS FOR ACCESS AND PERSISTENCE.
``(a) Purpose.--It is the purpose of this section to expand college
access and increase college persistence by making allotments to States
to enable the States to--
``(1) expand and enhance partnerships with institutions of
higher education, early information and intervention,
mentoring, or outreach programs, private corporations,
philanthropic organizations, and other interested parties to
carry out activities under this section and to provide
coordination and cohesion among Federal, State, and local
governmental and private efforts that provide financial
assistance to help low-income students attend college;
``(2) provide need-based access and persistence grants to
eligible low-income students;
``(3) provide early notification to low-income students of
their eligibility for financial aid; and
``(4) encourage increased participation in early
information and intervention, mentoring, or outreach programs.
``(b) Allotments to States.--
``(1) In general.--
``(A) Authorization.--From sums reserved under
section 415A(b)(2) for each fiscal year, the Secretary
shall make an allotment to each State that submits an
application for an allotment in accordance with
subsection (c) to enable the State to pay the Federal
share of the cost of carrying out the activities under
subsection (d).
``(B) Determination of allotment.--In making
allotments under subparagraph (A), the Secretary shall
consider the following:
``(i) Continuation of award.--If a State
continues to meet the specifications
established in its application under subsection
(c), the Secretary shall make an allotment to
such State that is not less than the allotment
made to such State for the previous fiscal
year.
``(ii) Priority.--The Secretary shall give
priority in making allotments to States that
meet the requirements under paragraph
(2)(B)(ii).
``(2) Federal share.--
``(A) In general.--The Federal share of the cost of
carrying out the activities under subsection (d) for
any fiscal year shall not exceed 66.66 percent.
``(B) Different percentages.--The Federal share
under this section shall be determined in accordance
with the following:
``(i) The Federal share of the cost of
carrying out the activities under subsection
(d) shall be equal to 57 percent if a State
applies for an allotment under this section in
partnership with any number of degree-granting
institutions of higher education in the State
whose combined full-time enrollment represents
less than a majority of all students attending
institutions of higher education in the State,
and--
``(I) philanthropic organizations
that are located in, or that provide
funding in, the State; or
``(II) private corporations that
are located in, or that do business in,
the State.
``(ii) The Federal share of the cost of
carrying out the activities under subsection
(d) shall be equal to 66.66 percent if a State
applies for an allotment under this section in
partnership with any number of degree-granting
institutions of higher education in the State
whose combined full-time enrollment represents
a majority of all students attending
institutions of higher education in the State,
and--
``(I) philanthropic organizations
that are located in, or that provide
funding in, the State; or
``(II) private corporations that
are located in, or that do business in,
the State.
``(C) Non-federal share.--
``(i) In general.--The non-Federal share
under this section may be provided in cash or
in kind, fairly evaluated.
``(ii) In kind contribution.--For the
purpose of calculating the non-Federal share
under this subparagraph, an in kind
contribution is a non-cash contribution that--
``(I) has monetary value, such as
the provision of--
``(aa) room and board; or
``(bb) transportation
passes; and
``(II) helps a student meet the
cost of attendance at an institution of
higher education.
``(iii) Effect on needs analysis.--For the
purpose of calculating a student's need in
accordance with part F, an in kind contribution
described in clause (ii) shall not be
considered an asset or income of the student or
the student's parent.
``(c) Application for Allotment.--
``(1) In general.--
``(A) Submission.--A State that desires to receive
an allotment under this section shall submit an
application to the Secretary at such time, in such
manner, and containing such information as the
Secretary may require.
``(B) Content.--An application submitted under
subparagraph (A) shall include the following:
``(i) A description of the State's plan for
using the allotted funds.
``(ii) Assurances that the State will
provide matching funds, in cash or in kind,
from State, institutional, philanthropic, or
private funds, of not less than 33.33 percent
of the cost of carrying out the activities
under subsection (d). The State shall specify
the methods by which matching funds will be
paid. A State that uses non-Federal funds to
create or expand existing partnerships with
nonprofit organizations or community-based
organizations in which such organizations match
State funds for student scholarships, may apply
such matching funds from such organizations
toward fulfilling the State's matching
obligation under this clause.
``(iii) Assurances that early information
and intervention, mentoring, or outreach
programs exist within the State or that there
is a plan to make such programs widely
available.
``(iv) A description of the organizational
structure that the State has in place to
administer the activities under subsection (d).
``(v) A description of the steps the State
will take to ensure students who receive grants
under this section persist to degree
completion.
``(vi) Assurances that the State has a
method in place, such as acceptance of the
automatic zero expected family contribution
determination described in section 479(c), to
identify eligible low-income students and award
State grant aid to such students.
``(vii) Assurances that the State will
provide notification to eligible low-income
students that grants under this section are--
``(I) Leveraging Educational
Assistance Partnership Grants; and
``(II) funded by the Federal
Government and the State.
``(2) State agency.--The State agency that submits an
application for a State under section 415C(a) shall be the same
State agency that submits an application under paragraph (1)
for such State.
``(3) Partnership.--In applying for an allotment under this
section, the State agency shall apply for the allotment in
partnership with--
``(A) not less than one public and one private
degree-granting institution of higher education that
are located in the State;
``(B) new or existing early information and
intervention, mentoring, or outreach programs located
in the State; and
``(C) not less than one--
``(i) philanthropic organization located
in, or that provides funding in, the State; or
``(ii) private corporation located in, or
that does business in, the State.
``(4) Roles of partners.--
``(A) State agency.--A State agency that is in a
partnership receiving an allotment under this section--
``(i) shall--
``(I) serve as the primary
administrative unit for the
partnership;
``(II) provide or coordinate
matching funds, and coordinate
activities among partners;
``(III) encourage each institution
of higher education in the State to
participate in the partnership;
``(IV) make determinations and
early notifications of assistance as
described under subsection (d)(2); and
``(V) annually report to the
Secretary on the partnership's progress
in meeting the purpose of this section;
and
``(ii) may provide early information and
intervention, mentoring, or outreach programs.
``(B) Degree-granting institutions of higher
education.--A degree-granting institution of higher
education (as defined in section 102) that is in a
partnership receiving an allotment under this section--
``(i) shall--
``(I) recruit and admit
participating qualified students and
provide such additional institutional
grant aid to participating students as
agreed to with the State agency;
``(II) provide support services to
students who receive an access and
persistence grant under this section
and are enrolled at such institution;
and
``(III) assist the State in the
identification of eligible students and
the dissemination of early
notifications of assistance as agreed
to with the State agency; and
``(ii) may provide funding for early
information and intervention, mentoring, or
outreach programs or provide such services
directly.
``(C) Programs.--An early information and
intervention, mentoring, or outreach program that is in
a partnership receiving an allotment under this section
shall provide direct services, support, and information
to participating students.
``(D) Philanthropic organization or private
corporation.--A philanthropic organization or private
corporation that is in a partnership receiving an
allotment under this section shall provide funds for
access and persistence grants for participating
students, or provide funds or support for early
information and intervention, mentoring, or outreach
programs.
``(d) Authorized Activities.--
``(1) In general.--
``(A) Establishment of partnership.--Each State
receiving an allotment under this section shall use the
funds to establish a partnership to award access and
persistence grants to eligible low-income students in
order to increase the amount of financial assistance
such students receive under this subpart for
undergraduate education expenses.
``(B) Amount.--
``(i) Partnerships with institutions
serving less than a majority of students in the
state.--
``(I) In general.--In the case
where a State receiving an allotment
under this section is in a partnership
described in subsection (b)(2)(B)(i),
the amount of an access and persistence
grant awarded by such State shall be
not less than the amount that is equal
to the average undergraduate tuition
and mandatory fees at 4-year public
institutions of higher education in the
State where the student resides and
such amount shall be used toward the
cost of attendance at an institution of
higher education, located in the State,
that is a partner in the partnership.
``(II) Cost of attendance.--A State
that has a program, apart from the
partnership under this section, of
providing eligible low-income students
with grants that are equal to the
average undergraduate tuition and
mandatory fees at 4-year public
institutions of higher education in the
State, may increase the amount of
access and persistence grants awarded
by such State up to an amount that is
equal to the average cost of attendance
at 4-year public institutions of higher
education in the State.
``(ii) Partnership with institutions
serving the majority of students in the
state.--In the case where a State receiving an
allotment under this section is in a
partnership described in subsection
(b)(2)(B)(ii), the amount of an access and
persistence grant awarded by such State shall
be not less than the average cost of attendance
at 4-year public institutions of higher
education in the State where the student
resides and such amount shall be used by the
student to attend an institution of higher
education, located in the State, that is a
partner in the partnership.
``(2) Early notification.--
``(A) In general.--Each State receiving an
allotment under this section shall annually notify low-
income students (such as students who are eligible to
receive a free lunch under the school lunch program
established under the Richard B. Russell National
School Lunch Act (42 U.S.C. 1751 et seq.)) in grade 7
through grade 12 in the State, and their families, of
their potential eligibility for student financial
assistance, including an access and persistence grant,
to attend an institution of higher education.
``(B) Content of notice.--The notification under
subparagraph (A)--
``(i) shall include--
``(I) information about early
information and intervention,
mentoring, or outreach programs
available to the student;
``(II) information that a student's
candidacy for an access and persistence
grant is enhanced through participation
in an early information and
intervention, mentoring, or outreach
program;
``(III) an explanation that student
and family eligibility and
participation in other Federal means-
tested programs may indicate
eligibility for an access and
persistence grant and other student aid
programs;
``(IV) a nonbinding estimation of
the total amount of financial aid a
low-income student with a similar
income level may expect to receive,
including an estimation of the amount
of an access and persistence grant and
an estimation of the amount of grants,
loans, and all other available types of
aid from the major Federal and State
financial aid programs;
``(V) an explanation that in order
to be eligible for an access and
persistence grant, at a minimum, a
student shall meet the requirement
under paragraph (3), graduate from
secondary school, and enroll at an
institution of higher education that is
a partner in the partnership;
``(VI) information on any
additional requirements (such as a
student pledge detailing student
responsibilities) that the State may
impose for receipt of an access and
persistence grant under this section;
and
``(VII) instructions on how to
apply for an access and persistence
grant and an explanation that a student
is required to file a Free Application
for Federal Student Aid authorized
under section 483(a) to be eligible for
such grant and assistance from other
Federal and State financial aid
programs; and
``(ii) may include a disclaimer that access
and persistence grant awards are contingent
upon--
``(I) a determination of the
student's financial eligibility at the
time of the student's enrollment at an
institution of higher education that is
a partner in the partnership;
``(II) annual Federal and State
appropriations; and
``(III) other aid received by the
student at the time of the student's
enrollment at an institution of higher
education that is a partner in the
partnership.
``(3) Eligibility.--In determining which students are
eligible to receive access and persistence grants, the State
shall ensure that each such student complies with the following
subparagraph (A) or (B):
``(A) Meets not less than 2 of the following
criteria, with priority given to students meeting all
of the following criteria:
``(i) Has an expected family contribution
equal to zero (as described in section 479) or
a comparable alternative based upon the State's
approved criteria in section 415C(b)(4).
``(ii) Has qualified for a free lunch, or
at the State's discretion a reduced price
lunch, under the school lunch program
established under the Richard B. Russell
National School Lunch Act.
``(iii) Qualifies for the State's maximum
undergraduate award, as authorized under
section 415C(b).
``(iv) Is participating in, or has
participated in, a Federal, State,
institutional, or community early information
and intervention, mentoring, or outreach
program, as recognized by the State agency
administering activities under this section.
``(B) Is receiving, or has received, an access and
persistence grant under this section, in accordance
with paragraph (5).
``(4) Grant award.--Once a student, including a student who
has received early notification under paragraph (2) from the
State, applies for admission to an institution that is a
partner in the partnership, files a Free Application for
Federal Student Aid and any related State form, and is
determined to be eligible by the State under paragraph (3), the
State shall--
``(A) issue the student a preliminary access and
persistence grant award certificate with tentative
award amounts; and
``(B) inform the student that payment of the access
and persistence grant award amounts is subject to
certification of enrollment and award eligibility by
the institution of higher education.
``(5) Duration of award.--An eligible student that receives
an access and persistence grant under this section shall
receive such grant award for each year of such student's
undergraduate education in which the student remains eligible
for assistance under this title, including pursuant to section
484(c), and remains financially eligible as determined by the
State, except that the State may impose reasonable time limits
to baccalaureate degree completion.
``(e) Administrative Cost Allowance.--A State that receives an
allotment under this section may reserve not more than 3.5 percent of
the funds made available annually through the allotment for State
administrative functions required to carry out this section.
``(f) Statutory and Regulatory Relief for Institutions of Higher
Education.--The Secretary may grant, upon the request of an institution
of higher education that is in a partnership described in subsection
(b)(2)(B)(ii) and that receives an allotment under this section, a
waiver for such institution from statutory or regulatory requirements
that inhibit the ability of the institution to successfully and
efficiently participate in the activities of the partnership.
``(g) Applicability Rule.--The provisions of this subpart which are
not inconsistent with this section shall apply to the program
authorized by this section.
``(h) Maintenance of Effort Requirement.--Each State receiving an
allotment under this section for a fiscal year shall provide the
Secretary an assurance that the aggregate amount expended per student
or the aggregate expenditures by the State, from funds derived from
non-Federal sources, for the authorized activities described in
subsection (d) for the preceding fiscal year were not less than the
amount expended per student or the aggregate expenditure by the State
for such activities for the second preceding fiscal year.
``(i) Special Rule.--Notwithstanding subsection (h), for purposes
of determining a State's share of the cost of the authorized activities
described in subsection (d), the State shall consider only those
expenditures from non-Federal sources that exceed its total
expenditures for need-based grants, scholarships, and work-study
assistance for fiscal year 1999 (including any such assistance provided
under this subpart).
``(j) Reports.--Not later than 3 years after the date of enactment
of the College Opportunity and Affordability Act of 2008, and annually
thereafter, the Secretary shall submit a report describing the
activities and the impact of the partnerships under this section to the
authorizing committees.''.
(d) Continuation and Transition.--During the 2-year period
commencing on the date of enactment of this Act, the Secretary shall
continue to award grants under section 415E of the Higher Education Act
of 1965 (20 U.S.C. 1070c-3a), as such section existed on the day before
the date of enactment of this Act, to States that choose to apply for
grants under such predecessor section.
(e) Implementation and Evaluation.--Section 491(j) (20 U.S.C.
1098(j)) is amended--
(1) in paragraph (4), by striking ``and'' after the
semicolon;
(2) by redesignating paragraph (5) as paragraph (6); and
(3) by inserting after paragraph (4) the following:
``(5) not later than 6 months after the date of enactment
of the College Opportunity and Affordability Act of 2008,
advise the Secretary on means to implement the activities under
section 415E, and the Advisory Committee shall continue to
monitor, evaluate, and make recommendations on the progress of
partnerships that receive allotments under such section; and''.
SEC. 407. SPECIAL PROGRAMS FOR STUDENTS WHOSE FAMILIES ARE ENGAGED IN
MIGRANT AND SEASONAL FARMWORK.
Section 418A (20 U.S.C. 1070d-2) is amended--
(1) in subsection (b)--
(A) in paragraph (1)(B)(i), by striking ``parents''
and inserting ``immediate family'';
(B) in paragraph (3)(B), by inserting ``(including
preparation for college entrance examinations)'' after
``college program'';
(C) in paragraph (5), by striking ``weekly'';
(D) in paragraph (7), by striking ``and'' after the
semicolon;
(E) in paragraph (8)--
(i) by inserting ``(such as transportation
and child care)'' after ``services''; and
(ii) by striking the period at the end and
inserting ``; and''; and
(F) by adding at the end the following:
``(9) other activities to improve persistence and retention
in postsecondary education.'';
(2) in subsection (c)--
(A) in paragraph (1)--
(i) in subparagraph (A), by striking
``parents'' and inserting ``immediate family'';
and
(ii) in subparagraph (B)--
(I) in the matter preceding clause
(i), by inserting ``to improve
placement, persistence, and retention
in postsecondary education,'' after
``services''; and
(II) in clause (i), by striking
``and career'' and inserting ``career,
and economic education or personal
finance'';
(iii) in subparagraph (E), by striking
``and'' after the semicolon;
(iv) by redesignating subparagraph (F) as
subparagraph (G);
(v) by inserting after subparagraph (E) the
following:
``(F) internships; and''; and
(vi) in subparagraph (G) (as redesignated
by clause (iv)), by striking ``support
services'' and inserting ``essential supportive
services (such as transportation and child
care)''; and
(B) in paragraph (2)--
(i) in subparagraph (A), by striking
``and'' after the semicolon;
(ii) in subparagraph (B), by striking the
period at the end and inserting ``, and
coordinating such services, assistance, and aid
with other non-program services, assistance,
and aid, including services, assistance, and
aid provided by community-based organizations,
which may include mentoring and guidance;
and''; and
(iii) by adding at the end the following:
``(C) for students attending 2-year institutions of higher
education, encouraging the students to transfer to 4-year
institutions of higher education, where appropriate, and
monitoring the rate of transfer of such students.'';
(3) in subsection (e), by striking ``section 402A(c)(1)''
and inserting ``section 402A(c)(2)'';
(4) in subsection (f)--
(A) in paragraph (1), by striking ``$150,000'' and
inserting ``$180,000''; and
(B) in paragraph (2), by striking ``$150,000'' and
inserting ``$180,000'';
(5) by redesignating subsections (g) and (h) as subsections
(h) and (i), respectively;
(6) by inserting after subsection (f) the following:
``(g) Reservation and Allocation of Funds.--From the amounts made
available under subsection (i), the Secretary--
``(1) may reserve not more than a total of \1/2\ of 1
percent for outreach activities, technical assistance, and
professional development programs relating to the programs
under subsection (a); and
``(2) shall, in awarding grants from the remainder of such
amounts--
``(A) make available not less than 45 percent of
such remainder for the high school equivalency programs
and not less than 45 percent of such remainder for the
college assistance migrant programs;
``(B) award the rest of such remainder for either
high school equivalency programs or college assistance
migrant programs based on the number, quality, and
promise of the applications; and
``(C) consider the need to provide an equitable
geographic distribution of such grants.'';
(7) by striking subsection (h) (as redesignated by
paragraph (5)) and inserting the following:
``(h) Data Collection.--The Commissioner for Education Statistics
shall--
``(1) annually collect data on persons receiving services
authorized under this subpart regarding such persons rates of
secondary school graduation, entrance into postsecondary
education, and completion of postsecondary education;
``(2) not less often than once every 2 years, prepare and
submit to the authorizing committees a report based on the most
recently available data under paragraph (1) to the authorizing
committees; and
``(3) make such report available to the public.''; and
(8) by striking subsection (i) (as redesignated by
paragraph (5)) and inserting the following:
``(i) Authorization of Appropriations.--For the purpose of making
grants and contracts under this section, there are authorized to be
appropriated $75,000,000 for fiscal year 2009 and such sums as may be
necessary for the each of the 4 succeeding fiscal years.''.
SEC. 408. ROBERT C. BYRD HONORS SCHOLARSHIP PROGRAM.
Subpart 6 of part A of title IV is amended to read as follows:
``Subpart 6--Robert C. Byrd American Competitiveness Program
``SEC. 419A. ROBERT C. BYRD MATHEMATICS AND SCIENCE HONORS SCHOLARSHIP
PROGRAM.
``(a) Purpose.--The purpose of this section is to award
scholarships to students who are enrolled in studies leading to
baccalaureate and advanced degrees in physical, life, or computer
sciences, mathematics, or engineering.
``(b) Definitions.--As used in this section--
``(1) the term `computer science' means the branch of
knowledge or study of computers, including such fields of
knowledge or study as computer hardware, computer software,
computer engineering, information systems, and robotics;
``(2) the term `eligible student' means a student who--
``(A) is a citizen of the United States;
``(B) is selected by the managing agent to receive
a scholarship;
``(C) is enrolled full-time in an institution of
higher education, other than a United States service
academy; and
``(D) has shown a commitment to and is pursuing a
major in studies leading to a baccalaureate, masters,
or doctoral degree (or a combination thereof) in
physical, life, or computer sciences, mathematics, or
engineering;
``(3) the term `engineering' means the science by which the
properties of matter and the sources of energy in nature are
made useful to humanity in structures, machines, and products,
as in the construction of engines, bridges, buildings, mines,
and chemical plants, including such fields of knowledge or
study as aeronautical engineering, chemical engineering, civil
engineering, electrical engineering, industrial engineering,
materials engineering, manufacturing engineering, and
mechanical engineering;
``(4) the term `life sciences' means the branch of
knowledge or study of living things, including such fields of
knowledge or study as biology, biochemistry, biophysics,
microbiology, genetics, physiology, botany, zoology, ecology,
and behavioral biology, except that the term does not encompass
the health professions;
``(5) the term `managing agent' means an entity to which an
award is made under subsection (c) to manage a program of
Mathematics and Science Honors Scholarships;
``(6) the term `mathematics' means the branch of knowledge
or study of numbers and the systematic treatment of magnitude,
relationships between figures and forms, and relations between
quantities expressed symbolically, including such fields of
knowledge or study as statistics, applied mathematics, and
operations research; and
``(7) the term `physical sciences' means the branch of
knowledge or study of the material universe, including such
fields of knowledge or study as astronomy, atmospheric
sciences, chemistry, earth sciences, ocean sciences, physics,
and planetary sciences.
``(c) Award.--
``(1)(A) From funds appropriated under section 419F to
carry out this section, the Secretary is authorized, through a
grant or cooperative agreement, to make an award to a private,
non-profit organization, other than an institution of higher
education or system of institutions of higher education, to
manage, through a public and private partnership, a program of
Mathematics and Science Honors Scholarships under this section.
``(B) The award under subparagraph (A) shall be for a five-
year period.
``(2)(A) One hundred percent of the funds awarded under
paragraph (1)(A) for any fiscal year shall be obligated and
expended solely on scholarships to eligible students.
``(B) No Federal funds shall be used to provide more than
50 percent of the cost of any scholarship to an eligible
student.
``(3)(A) The Secretary may establish--
``(i) eligibility criteria for applicants for
managing agent, including criteria regarding financial
and administrative capability; and
``(ii) operational standards for the managing
agent, including management and performance
requirements, such as audit, recordkeeping, record
retention, and reporting procedures and requirements.
``(B) The Secretary, as necessary, may review and revise
any criteria, standards, and rules established under this
paragraph and, through the agreement with the managing agent,
see that any revisions are implemented.
``(4) If the managing agent fails to meet the requirements
of this section the Secretary may terminate the award to the
managing agent.
``(5) The Secretary shall conduct outreach efforts to help
raise awareness of the Mathematics and Science Honors
Scholarships.
``(d) Duties of the Managing Agent.--The managing agent shall--
``(1) develop criteria to award Mathematics and Science
Honors Scholarships based on established measurements available
to secondary students who wish to pursue degrees in physical,
life, or computer sciences, mathematics, or engineering;
``(2) establish a Mathematics and Science Honors
Scholarship Fund in a separate, named account that clearly
discloses the amount of Federal and non-Federal funds deposited
in the account and used for scholarships under this section;
``(3) solicit funds for scholarships and for the
administration of the program from non-Federal sources;
``(4) solicit applicants for scholarships;
``(5) from the amounts in the Fund, award scholarships to
eligible students and transfer such funds to the institutions
of higher education that they attend;
``(6) annually submit to the Secretary a financial audit
and a report on the progress of the program, and such other
documents as the Secretary may require to determine the
effective management of the program; and
``(7) shall not develop a criteria that discriminates
against a student based on the type of program in which the
student completed his or her secondary education.
``(e) Applications.--
``(1) Any eligible entity that desires to be the managing
agent under this section shall submit an application to the
Secretary, in such form and containing such information, as the
Secretary may require.
``(2) Each application shall include a description of--
``(A) how the applicant meets or will meet
requirements established under subsections (c)(3)(A)
and (d);
``(B) how the applicant will solicit funds for
scholarships and for the administration of the program
from non-Federal sources;
``(C) how the applicant will provide nationwide
outreach to inform students about the program and to
encourage students to pursue degrees in physical, life,
or computer sciences, mathematics, or engineering;
``(D) how the applicant will solicit applications
for scholarships, including how the applicant will
balance efforts in urban and rural areas;
``(E) the selection criteria based on established
measurements available to secondary students the
applicant will use to award scholarships and to renew
those awards;
``(F) how the applicant will inform the institution
of higher education chosen by the recipient of the name
and scholarship amount of the recipient;
``(G) what procedures and assurances the applicant
and the institution of higher education that the
recipient attends will use to verify student
eligibility, attendance, degree progress, and academic
performance and to deliver and account for payments to
such institution;
``(H) the management (including audit and
accounting) procedures the applicant will use for the
program;
``(I) the human, financial, and other resources
that the applicant will need and use to manage the
program;
``(J) how the applicant will evaluate the program
and report to the Secretary annually; and
``(K) a description of how the entity will
coordinate with, complement, and build on similar
public and private mathematics and science programs.
``(f) Scholarship Recipients.--
``(1) A student receiving a scholarship under this section
shall be known as a Byrd Mathematics and Science Honors
Scholar.
``(2) Any student desiring to receive a scholarship under
this section shall submit an application to the managing agent
in such form, and containing such information, as the managing
agent may require.
``(3) Any student that receives a scholarship under this
section shall enter into an agreement with the managing agent
to complete 5 consecutive years of service in a full-time
position related to the field in which the student obtained his
or her undergraduate degree, to begin no later than 12 months
following the later of--
``(A) the completion of the student's undergraduate
degree program; or
``(B) the completion of a graduate degree program
in a field related to the field in which the student
obtained his or her undergraduate degree.
``(4) If any student that receives a scholarship under this
section fails to earn at least a baccalaureate degree in
physical, life, or computer sciences, mathematics, or
engineering as defined under this section, the student shall
repay to the managing agent the amount of any financial
assistance paid to such student.
``(5) If any student that receives a scholarship under this
section fails to meet the requirements of paragraph (3), the
student shall repay to the managing agent the amount of any
financial assistance paid to such student.
``(6)(A) Scholarships shall be awarded for only one
academic year of study at a time.
``(B)(i) A scholarship shall be renewable on an annual
basis for the established length of the academic program if the
student awarded the scholarship remains eligible.
``(ii) The managing agent may condition renewal of a
scholarship on measures of academic progress and achievement,
with the approval of the Secretary.
``(C)(i) If a student fails to either remain eligible or
meet established measures of academic progress and achievement,
the managing agent shall instruct the student's institution of
higher education to suspend payment of the student's
scholarship.
``(ii) A suspension of payment shall remain in effect until
the student is able to demonstrate to the satisfaction of the
managing agent that he or she is again eligible and meets the
established measures of academic progress and achievement.
``(iii) A student's eligibility for a scholarship shall be
terminated if a suspension period exceeds 12 months.
``(D)(i)(I) A student awarded a scholarship may, in a
manner and under the terms established by, and with the
approval of, the managing agent, postpone or interrupt his or
her enrollment at an institution of higher education for up to
12 months.
``(II) Such a postponement or interruption shall not be
considered a suspension for purposes of subparagraph (C).
``(ii) Neither a student nor the student's institution of
higher education shall receive the student's scholarship
payments during the period of postponement or interruption, but
such payments shall resume upon enrollment or reenrollment.
``(iii) In exceptional circumstances, such as serious
injury or illness or the necessity to care for family members,
the student's postponement or interruption may, upon
notification and approval of the managing agent, be extended
beyond the 12 month period described in clause (i)(I).
``(g) Responsibilities of Institution of Higher Education.--
``(1) The managing agent shall require any institution of
higher education that enrolls a student who receives a
scholarship under this section to annually provide an
assurance, prior to making any payment, that the student--
``(A) is eligible in accordance with subsection
(b)(2); and
``(B) has provided the institution with a written
commitment to attend, or is attending, classes and is
satisfactorily meeting the institution's academic
criteria for enrollment in its program of study.
``(2)(A) The managing agent shall provide the institution
of higher education with payments from the Fund for selected
recipients in at least two installments.
``(B) If a recipient declines a scholarship, does not
attend courses, transfers to another institution of higher
education, or becomes ineligible for a scholarship, an
institution of higher education shall return prorated amounts
of any scholarship payment to that recipient to the managing
agent, who shall deposit it in to the Fund.
``SEC. 419B. MATHEMATICS AND SCIENCE INCENTIVE PROGRAM.
``(a) Program.--
``(1) In general.--The Secretary is authorized to carry out
a program of assuming the obligation to pay, pursuant to the
provisions of this section, the interest on a loan made,
insured, or guaranteed under part B or D of this title.
``(2) Eligibility.--The Secretary may assume interest
payments under paragraph (1) only for a borrower who--
``(A) has submitted an application in compliance
with subsection (d);
``(B) obtained one or more loans described in
paragraph (1) as an undergraduate student;
``(C) is a new borrower (within the meaning of
section 103(7) of this Act) on or after the date of
enactment of the College Opportunity and Affordability
Act of 2008;
``(D) is a highly qualified teacher (as defined in
section 9101 of the Elementary and Secondary Education
Act of 1965) of science, technology, engineering or
mathematics at an elementary or secondary school in a
high need local educational agency, or is a
mathematics, science, or engineering professional; and
``(E) enters into an agreement with the Secretary
to complete 5 consecutive years of service in a
position described in subparagraph (D), starting on the
date of the agreement.
``(3) Prior interest limitations.--The Secretary shall not
make any payments for interest that--
``(A) accrues prior to the beginning of the
repayment period on a loan in the case of a loan made
under section 428H or a Federal Direct Unsubsidized
Stafford Loan; or
``(B) has accrued prior to the signing of an
agreement under paragraph (2)(E).
``(4) Initial selection.--In selecting participants for the
program under this section, the Secretary--
``(A) shall choose among eligible applicants on the
basis of--
``(i) the national security, homeland
security, and economic security needs of the
United States, as determined by the Secretary,
in consultation with other Federal agencies,
including the Departments of Labor, Defense,
Homeland Security, Commerce, and Energy, the
Central Intelligence Agency, and the National
Science Foundation; and
``(ii) the academic record or job
performance of the applicant; and
``(B) may choose among eligible applicants on the
basis of--
``(i) the likelihood of the applicant to
complete the 5-year service obligation;
``(ii) the likelihood of the applicant to
remain in science, mathematics, or engineering
after the completion of the service
requirement; or
``(iii) other relevant criteria determined
by the Secretary.
``(5) Availability subject to appropriations.--Loan
interest payments under this section shall be subject to the
availability of appropriations. If the amount appropriated for
any fiscal year is not sufficient to provide interest payments
on behalf of all qualified applicants, the Secretary shall give
priority to those individuals on whose behalf interest payments
were made during the preceding fiscal year.
``(6) Regulations.--The Secretary is authorized to
prescribe such regulations as may be necessary to carry out the
provisions of this section.
``(b) Duration and Amount of Interest Payments.--The period during
which the Secretary shall pay interest on behalf of a student borrower
who is selected under subsection (a) is the period that begins on the
effective date of the agreement under subsection (a)(2)(E), continues
after successful completion of the service obligation, and ends on the
earlier of--
``(1) the completion of the repayment period of the loan;
``(2) payment by the Secretary of a total of $5,000 on
behalf of the borrower;
``(3) if the borrower ceases to fulfill the service
obligation under such agreement prior to the end of the 5-year
period, as soon as the borrower is determined to have ceased to
fulfill such obligation in accordance with regulations of the
Secretary; or
``(4) 6 months after the end of any calendar year in which
the borrower's gross income equals or exceeds 4 times the
national per capita disposable personal income (current
dollars) for such calendar year, as determined on the basis of
the National Income and Product Accounts Tables of the Bureau
of Economic Analysis of the Department of Commerce, as
determined in accordance with regulations prescribed by the
Secretary.
``(c) Repayment to Eligible Lenders.--Subject to the regulations
prescribed by the Secretary by regulation under subsection (a)(6), the
Secretary shall pay to each eligible lender or holder for each payment
period the amount of the interest that accrues on a loan of a student
borrower who is selected under subsection (a).
``(d) Application for Repayment.--
``(1) In general.--Each eligible individual desiring loan
interest payment under this section shall submit a complete and
accurate application to the Secretary at such time, in such
manner, and containing such information as the Secretary may
require.
``(2) Failure to complete service agreement.--Such
application shall contain an agreement by the individual that,
if the individual fails to complete the 5 consecutive years of
service required by subsection (a)(2)(E), the individual agrees
to repay the Secretary the amount of any interest paid by the
Secretary on behalf of the individual.
``(e) Treatment of Consolidation Loans.--A consolidation loan made
under section 428C of this Act, or a Federal Direct Consolidation Loan
made under part D of title IV of this Act, may be a qualified loan for
the purpose of this section only to the extent that such loan amount
was used by a borrower who otherwise meets the requirements of this
section to repay--
``(1) a loan made under section 428 or 428H of this Act; or
``(2) a Federal Direct Stafford Loan, or a Federal Direct
Unsubsidized Stafford Loan, made under part D of title IV of
this Act.
``(f) Prevention of Double Benefits.--No borrower may, for the same
service, receive a benefit under both this section and--
``(1) any loan forgiveness program under title IV of this
Act; or
``(2) subtitle D of title I of the National and Community
Service Act of 1990 (42 U.S.C. 12601 et seq.).
``(g) Definitions.--As used in this section--
``(1) the term `high need local educational agency' has the
same meaning given such term in section 200; and
``(2) the term `mathematics, science, or engineering
professional' means a person who--
``(A) holds a baccalaureate, masters, or doctoral
degree (or a combination thereof) in science,
mathematics, or engineering; and
``(B) works in a field the Secretary determines is
closely related to that degree, which shall include
working as a professor at a two- or four-year
institution of higher education.
``SEC. 419C. FOREIGN LANGUAGE PARTNERSHIPS.
``(a) Purpose.--The purpose of this section is to increase the
number of highly qualified teachers in, and the number of United
States' students who achieve the highest level of proficiency in,
foreign languages critical to the security and competitiveness of the
Nation.
``(b) Program Authorized.--The Secretary is authorized to award
grants to institutions of higher education, in partnership with one or
more local educational agencies, to establish teacher preparation
programs in critical foreign languages, and activities that will enable
successful students to advance from elementary school through college
to achieve proficiency in those languages.
``(c) Applications.--
``(1) Application required.--Any institution of higher
education that desires to receive a grant under this section
shall submit an application to the Secretary at such time, in
such manner, and containing such information as the Secretary
may require.
``(2) Contents.--Each Application shall--
``(A) identify each local educational agency
partner and describe each such partner's
responsibilities (including how they will be involved
in planning and implementing the program, what
resources they will provide, and how they will ensure
continuity of student progress from elementary school
to the postsecondary level); and
``(B) describe how the applicant will support and
continue the program after the grant has expired,
including how it will seek support from other sources,
such as State and local government, foundations, and
the private sector.
``(d) Uses of Funds.--Funds awarded under this section shall be
used to develop and implement programs consistent with the purpose of
this section by carrying out one or more of the following activities:
``(1) To recruit highly qualified teachers in critical
foreign languages and professional development activities for
such teachers at the elementary through high school level.
``(2) To provide innovative opportunities for students that
will allow for critical language learning, such as immersion
environments, intensive study opportunities, internships, and
distance learning.
``(e) Matching Requirement.--Each grantee under this section shall
provide, from non-Federal sources, an amount equal to 100 percent of
the amount of the grant (in cash or in kind) to carry out the
activities supported by the grant.
``(f) Evaluation.--The Secretary shall evaluate the activities
funded under this section and report the results of the evaluation to
the appropriate Committees of Congress.
``(g) Report on Best Practices.--Within one year after the date of
enactment of this section, the Secretary shall--
``(1) conduct a study to identify the best practices to
strengthen the role of institutions that receive funding under
title III or title V in increasing America's critical foreign
language education efforts; and
``(2) submit a report on the results of such study to the
authorizing committees.
``SEC. 419D. ADJUNCT TEACHER CORPS.
``(a) Purpose.--The purpose of this section is to create
opportunities for individuals with subject matter expertise in
mathematics, science, and critical foreign languages to provide such
subject matter expertise to secondary school students on an adjunct
basis.
``(b) Program Authorized.--The Secretary is authorized to award
grants to eligible entities to identify, recruit, and train individuals
with subject matter expertise in mathematics, science, and critical
foreign languages to serve as adjunct content specialists.
``(c) Duration of Grants.--The Secretary may award grants under
this section for a period of not more than 5 years.
``(d) Eligible Entity.--For the purpose of this section, an
eligible entity is--
``(1) a local educational agency; or
``(2) a partnership consisting of a local educational
agency, serving as a fiscal agent, and a public or private
educational organization or business.
``(e) Uses of Funds.--An eligible entity that receives a grant
under this section is authorized to use such grant to carry out one or
both of the following activities:
``(1) To develop the capacity of the eligible entity to
identify, recruit, and train individuals with subject matter
expertise in mathematics, science, and critical foreign
languages who are not employed in the elementary and secondary
education system (including individuals in business and
government, and individuals who would participate through
distance-learning arrangements) to become adjunct content
specialists.
``(2) To provide pre-service training and on-going
professional development to adjunct content specialists.
``(f) Applications.--
``(1) Application required.--To be considered for a grant
under this section, an eligible entity shall submit an
application to the Secretary at such time, in such manner, and
containing such information as the Secretary requires.
``(2) Contents.--Such application shall include a
description of--
``(A) the need for, and expected benefits of using,
adjunct content specialists in the schools of the local
educational agency, which may include information on
the difficulty the local educational agency faces in
recruiting qualified faculty in mathematics, science,
and critical foreign language courses;
``(B) measurable objectives for the activities
supported by the grant, including the number of adjunct
content specialists the eligible entity intends to
place in schools and classrooms, and the gains in
academic achievement expected as a result of the
addition of such specialists;
``(C) how the eligible entity will establish
criteria for and recruit the most qualified individuals
and public or private organizations and businesses to
participate in the activities supported by the grant;
``(D) how the eligible entity will provide pre-
service training and on-going professional development
to adjunct content specialists to ensure that such
specialists have the capacity to serve effectively;
``(E) how the eligible entity will use funds
received under this section, including how the eligible
entity will evaluate the success of the activities
supported by the grant;
``(F) how the eligible entity will support and
continue the activities supported by the grant after
the grant has expired, including how such entity will
seek support from other sources, such as State and
local government and the private sector; and
``(G) an assurance that the use of adjunct content
specialists will not result in the displacement or
transfer of currently employed teachers nor a reduction
in the number of overall teachers in the district.
``(g) Priorities.--In awarding grants under this section, the
Secretary shall give priority to eligible entities that demonstrate in
the application for such a grant a plan to--
``(1) serve the schools of the local educational agency
that have a large number or percentage of students performing
below grade level in mathematics, science, or critical foreign
language courses;
``(2) serve local educational agencies that have a large
number or percentage of students from families with incomes
below the poverty line (as such term is defined in section
200); and
``(3) recruit and train individuals to serve as adjunct
content specialists in schools that have an insufficient number
of teachers in mathematics, science, or critical foreign
languages.
``(h) Matching Requirement.--Each eligible entity that receives a
grant under this section shall provide, from non-Federal sources, an
amount equal to 100 percent of the amount of such grant (in cash or in
kind) to carry out the activities supported by such grant.
``(i) Performance Report.--Each eligible entity receiving a grant
under this section shall prepare and submit to the Secretary a final
report on the results of the activities supported by such grant, which
shall contain such information as the Secretary may require, including
any improvements in student academic achievement as a result of the use
of adjunct content specialists.
``(j) Evaluation.--The Secretary shall evaluate the activities
supported by grants under this section, including the impact of such
activities on student academic achievement, and shall report the
results of such evaluation to the authorizing committees.
``(k) Definition.--In this section the term `adjunct content
specialist' means an individual who--
``(1) meets the requirements of section 9101(23)(B)(ii) of
the Elementary and Secondary Education Act of 1965;
``(2) has demonstrated expertise in mathematics, science,
or a critical foreign language, as determined by the local
educational agency; and
``(3) may not be the primary provider of instructional
services to a student unless the adjunct content specialist is
under the direct supervision of a teacher who meets the
requirements of Section 9101(23) of such Act.
``SEC. 419E. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to carry out this subpart
$50,000,000 for fiscal year 2009 and such sums as may be necessary for
each of the 4 succeeding fiscal years.''.
SEC. 409. CHILD CARE ACCESS MEANS PARENTS IN SCHOOL.
(a) Minimum Grant.--Section 419N(b)(2)(B) (20 U.S.C.
1070e(b)(2)(B)) is amended by striking ``$10,000'' and inserting
``$30,000''.
(b) Eligible Institutions.--Section 419N(b)(4) is amended by
striking ``$350,000'' and inserting ``$250,000''.
(c) Income Eligibility.--Section 419N(b)(7) is amended by striking
``who is eligible to receive'' and inserting ``whose income qualifies
for eligibility for''.
(d) Publicity.--Section 419N(b) is further amended by adding at the
end the following new paragraph:
``(8) Publicity.--The Secretary shall publicize the
availability of grants under this section in appropriate
periodicals in addition to publication in the Federal Register,
and shall inform appropriate educational organizations of such
availability.''.
(e) Reporting Requirements.--Section 419N(e) is amended--
(1) in paragraph (1)(A), by striking ``18 months,'' and all
that follows through the end thereof and inserting
``annually.''; and
(2) in paragraph (2)--
(A) by striking ``the third annual grant payment''
and inserting ``continuation awards''; and
(B) by striking ``the 18-month report'' and
inserting ``the reports''.
(f) 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 2009 and each of the 4 succeeding
fiscal years.''.
SEC. 410. LEARNING ANYTIME ANYWHERE PARTNERSHIPS.
Subpart 8 of part A of title IV (20 U.S.C. 1070f et seq.) is
repealed.
SEC. 411. TEACH GRANTS.
Subpart 9 of part A of title IV is amended--
(1) in section 420L(1)(B), by striking ``sound'' and
inserting ``responsible'';
(2) in section 420M--
(A) by striking ``academic year'' each place it
appears in subsections (a)(1) and (c)(1) and inserting
``year''; and
(B) in subsection (c)(2)--
(i) by striking ``other student
assistance'' and inserting ``other assistance
the student may receive''; and
(ii) by striking the second sentence;
(3) in section 420N--
(A) in subsection (b)--
(i) in paragraph (1)(E), by striking
``and'' after the semicolon;
(ii) in paragraph (2), by striking the
period at the end and inserting ``; and''; and
(iii) by adding at the end the following
new paragraph:
``(3) contains, or is accompanied by, a plain-language
disclosure form developed by the Secretary that clearly
describes the nature of the TEACH Grant award, the service
obligation, and the loan repayment requirements that are the
consequence of the failure to complete the service
obligation.''; and
(B) by adding a the end the following new
subsection:
``(d) Additional Administrative Provisions.--
``(1) Change of high-need designation.--In the event that a
recipient of an initial grant under this subpart has acquired
an academic degree, or expertise, in a field that was, at the
time of the recipient's application for that grant, designated
as high-need in accordance with subsection (b)(1)(C)(vii), but
is no longer so designated, the grant recipient may fulfill the
service obligation described in subsection (b)(1) by teaching
in that field.
``(2) Extenuating circumstances.--The Secretary shall
establish, by regulation, categories of extenuating
circumstances under which a recipient of a grant under this
subpart who is unable to fulfill all or part of his or her
service obligation may be excused from fulfilling that portion
of the service obligation.''; and
(4) by adding at the end the following new section:
``SEC. 420P. PROGRAM EVALUATION.
``The Secretary shall evaluate the effectiveness of TEACH grants
with respect to the schools and students served by recipients of such
grants.''.
PART B--FEDERAL FAMILY EDUCATION LOANS
SEC. 421. LIMITATIONS ON AMOUNTS OF LOANS COVERED BY FEDERAL INSURANCE.
Section 424(a) (20 U.S.C. 1074(a)) is amended--
(1) by striking ``2012'' and inserting ``2013''; and
(2) by striking ``2016'' and inserting ``2017''.
SEC. 422. FEDERAL INTEREST SUBSIDIES.
Section 428(a)(5) (20 U.S.C. 1078(a)(5)) is amended--
(1) by striking ``2012'' and inserting ``2013''; and
(2) by striking ``2016'' and inserting ``2017''.
SEC. 423. STUDENT LOAN INFORMATION.
Section 428(k) (20 U.S.C. 1078(k)) is amended by adding at the end
the following new paragraph:
``(4) Student loan information.--
``(A) Notwithstanding any other provision of law or
regulation, if requested by an institution of higher
education or a third party servicer (as defined in
section 481(c)) working on behalf of such institution
to prevent student loan defaults for borrowers who
currently attend or previously attended such
institution, a lender, secondary market, holder, or
guaranty agency shall provide, free of charge and in a
timely and effective manner, any student loan
information pertaining to loans made under this title,
as determined by the Secretary, to such borrowers
maintained by that entity, provided that the
information requested is for a borrower who currently
attends or previously attended such institution.
``(B) An institution and any third party servicer
obtaining access to information under subparagraph (A),
including any subcontractor obtaining access to
information under subparagraph (C)(iii), shall
safeguard that information--
``(i) as required by any law applicable to
the institution, third party servicer, or
subcontractor; and
``(ii) at least to the same extent that the
disclosing financial institution is required to
safeguard its customer information under
sections 501 and 505(b) of the Gramm-Leach-
Bliley Act (15 U.S.C. 6801, 6805(b)).
``(C) Any third party servicer that obtains
information under this paragraph--
``(i) shall only use the information in a
manner directly related to the default
prevention work the servicer is performing on
behalf of the institution of higher education;
``(ii) shall not sell the information to
other entities;
``(iii) shall not share the information
with, or transfer the information to, entities
other than the borrower, a subcontractor of the
third party servicer for purposes of skip
tracing, or the institution of higher education
referenced in subparagraph (A); and
``(iv) shall be subject to any regulations
established by the Secretary pursuant to
section 432 concerning the misuse of such
information, including any penalties for such
misuse.
``(D) Any requirement under subparagraph (A) to
provide student loan information shall be considered an
applicable legal requirement for the purposes of
section 502(e)(8) of the Gramm-Leach-Bliley Act (15
U.S.C. 6802(e)(8)).
``(E) Any subcontractor obtaining access to
information under subparagraph (C)(iii) shall meet the
same restrictions that apply to third party servicers
under subparagraph (C).''.
SEC. 424. VOLUNTARY FLEXIBLE AGREEMENTS.
Section 428A(a) (20 U.S.C. 1078-1(a)) is amended by adding at the
end the following new paragraph:
``(3) Report required.--The Secretary, in consultation with
the guaranty agencies participating under voluntary flexible
agreements, shall report on an annual basis to the authorizing
committees regarding the program outcomes that the voluntary
flexible agreements have had with respect to program integrity,
program and cost efficiencies, delinquency prevention, default
aversion, and consumer education programs described in section
433A, and the availability and delivery of student financial
aid. Such report shall include--
``(A) a description of each voluntary flexible
agreement and the performance goals established by the
Secretary for each agreement;
``(B) a list of participating guaranty agencies and
the specific statutory or regulatory waivers provided
to each guaranty agency and any waivers provided to
other guaranty agencies under paragraph (2);
``(C) a description of the standards by which each
agency's performance under the agency's voluntary
flexible agreement was assessed and the degree to which
each agency achieved the performance standards;
``(D) an analysis of the fees paid by the
Secretary, and the costs and efficiencies achieved
under each voluntary flexible agreement; and
``(E) an identification of promising practices for
program improvement that could be replicated by other
guaranty agencies.''.
SEC. 425. GRACE PERIOD FOR GRADUATE AND PROFESSIONAL STUDENT PLUS
LOANS.
(a) Amendment.--Section 428B(d) (20 U.S.C. 1078-2(d)) is amended by
amending paragraphs (1) and (2) to read as follows:
``(1) Commencement of repayment.--Repayment of principal on
loans made under this section shall--
``(A) commence not later than--
``(i) in the case of a parent borrower, 60
days after the date such loan is disbursed by
the lender; and
``(ii) in the case of a graduate or
professional student borrower, commence at the
beginning of a repayment period that begins the
day after 6 months after the date the student
ceases to carry at least one-half the normal
full-time academic workload (as determined by
the institution); and
``(B) be subject to deferral during any period
during which the graduate or professional student or
the parent meets the conditions required for a deferral
under section 427(a)(2)(C) or 428(b)(1)(M).
``(2) Capitalization of interest.--
``(A) In general.--Interest on loans made under
this section--
``(i) which accrues prior to the beginning
of repayment under paragraph (1)(A)(i), shall
be added to the principal amount of the loan;
and
``(ii) which accrues during a period in
which payments of principal are deferred
pursuant to paragraph (1)(B) shall, if agreed
upon by the borrower and the lender--
``(I)(aa) be paid monthly or
quarterly; or
``(bb) be added to the principal
amount of the loan not more frequently
than quarterly by the lender.
``(B) Insurable limits.--Capitalization of interest
under this paragraph shall not be deemed to exceed the
annual insurable limit on account of the borrower.''.
(b) Conforming Amendment.--Section 428(b)(7)(C) (20 U.S.C.
1078(b)(7)(C)) is amended by striking ``, 428B,''.
(c) Effective Date.--The amendments made by this section shall be
effective for loans issued on or after July 1, 2008.
SEC. 426. CONSOLIDATION LOAN DISCLOSURE.
Section 428C(b)(1) (20 U.S.C. 1078-3(b)(1)) is amended--
(1) by redesignating subparagraphs (E) and (F) as
subparagraphs (F) and (G), respectively; and
(2) by inserting after subparagraph (D) the following new
subparagraph:
``(E) that the lender will disclose, in a clear and
conspicuous manner, to borrowers who seek to
consolidate loans made under part E of this title--
``(i) that once the borrower adds a Federal
Perkins Loan to a Federal Consolidation Loan,
the borrower will lose all interest-free
periods that would have been available, such as
those when no interest accrues on the Federal
Perkins Loan while the borrower is enrolled in
school at least half-time, during the grace
period, and during periods when the borrower's
student loan repayments are deferred;
``(ii) that the borrower will no longer be
eligible for loan cancellation of Federal
Perkins Loans under any provision of section
465; and
``(iii) in detail the occupations listed in
section 465 for which the borrower will lose
eligibility for Federal Perkins Loan
cancellation;''.
SEC. 427. EXTENSION OF CONSOLIDATION LOAN AUTHORITY.
Section 428C(e) (20 U.S.C. 1078-3(c)) is amended by striking
``2012'' and inserting ``2013''.
SEC. 428. REQUIREMENTS FOR DISBURSEMENT OF STUDENT LOANS.
(a) Special Rule.--Section 428G(a) (20 U.S.C. 1078-7(a)) is amended
by adding at the end the following new paragraph:
``(4) Amendment to special rule.--Beginning on October 1,
2011, the special rule under paragraph (3) shall be applied by
substituting `15 percent' for `10 percent'.''.
(b) Requirements for Disbursements to First Year Students.--Section
428G(b) (20 U.S.C. 1078-7(b)) is amended by adding at the end the
following new paragraph:
``(3) Amendment to cohort default rate exemption.--
Beginning on October 1, 2011, the exemption to the requirements
of paragraph (1) in the second sentence of such paragraph shall
be applied by substituting `15 percent' for `10 percent'.''.
SEC. 429. LOAN FORGIVENESS FOR SERVICE IN AREAS OF NATIONAL NEED.
Section 428K (20 U.S.C. 1078-11) is amended to read as follows:
``SEC. 428K. LOAN FORGIVENESS FOR SERVICE IN AREAS OF NATIONAL NEED.
``(a) Program Authorized.--
``(1) Loan forgiveness authorized.--The Secretary shall
forgive, in accordance with this section, the student loan
obligation of a borrower in the amount specified in subsection
(c) who--
``(A) is employed full-time in an area of national
need described in subsection (b); and
``(B) is not in default on a loan for which the
borrower seeks forgiveness.
``(2) Method of loan forgiveness.--To provide loan
forgiveness under paragraph (1), the Secretary is authorized to
carry out a program--
``(A) through the holder of the loan, to assume the
obligation to repay a qualified loan amount for a loan
made, insured, or guaranteed under this part (other
than an excepted PLUS loan (as such term is defined in
section 493C(a))); and
``(B) to cancel a qualified loan amount for a loan
made under part D of this title (other than such an
excepted PLUS loan).
``(3) Regulations.--The Secretary is authorized to issue
such regulations as may be necessary to carry out the
provisions of this section.
``(b) Areas of National Need.--For purposes of this section, an
individual shall be treated as employed in an area of national need if
the individual is employed full-time as any of the following:
``(1) Early childhood educators.--An individual who is
employed as an early childhood educator in an eligible
preschool program or eligible early childhood education program
in a low-income community, and who is involved directly in the
care, development, and education of infants, toddlers, or young
children age 5 and under.
``(2) Nurses.--An individual who is employed--
``(A) as a nurse in a clinical setting; or
``(B) as a member of the nursing faculty at an
accredited school of nursing (as those terms are
defined in section 801 of the Public Health Service Act
(42 U.S.C. 296)).
``(3) Foreign language specialists.--An individual who has
obtained a baccalaureate or advanced degree in a critical
foreign language and is employed--
``(A) in an elementary or secondary school as a
teacher of a critical foreign language;
``(B) in an agency of the United States Government
in a position that regularly requires the use of such
critical foreign language; or
``(C) in an institution of higher education as a
faculty member or instructor teaching a critical
foreign language.
``(4) Librarians.--An individual who is employed as a
librarian in--
``(A) a public library that serves a geographic
area within which the public schools have a combined
average of 30 percent or more of their total student
enrollments composed of children counted under section
1113(a)(5) of the Elementary and Secondary Education
Act of 1965; or
``(B) a high-need school.
``(5) Highly qualified teachers: serving students who are
limited english proficient, low-income communities, and
underrepresented populations.--An individual who--
``(A) is highly qualified as such term is defined
in section 9101 of the Elementary and Secondary
Education Act of 1965; and
``(B)(i) is employed as a teacher educating
students who are limited English proficient;
``(ii) is employed as a teacher in a high-need
school; or
``(iii) is an individual from an underrepresented
population in the teaching profession, as determined by
the Secretary.
``(6) Child welfare workers.--An individual who--
``(A) has obtained a degree in social work or a
related field with a focus on serving children and
families; and
``(B) is employed in public or private child
welfare services.
``(7) Speech-language pathologists and audiologists.--An
individual who is a speech-language pathologist or audiologist,
who is employed in an eligible preschool program or an
elementary or secondary school, and who has, at a minimum, a
graduate degree in speech-language pathology, audiology, or
communication sciences and disorders.
``(8) National service.--An individual who is engaged as a
participant in a project under the National and Community
Service Act of 1990 (as such terms are defined in section 101
of such Act (42 U.S.C. 12511)).
``(9) School counselors.--An individual who is employed as
a school counselor (as such term is defined in section
5421(e)(3) of Elementary and Secondary Education Act of 1965
(20 U.S.C. 7245(e)(3))) in a high-need school.
``(10) Public sector employees.--An individual who is
employed in public safety (including as a first responder,
firefighter, police officer, or other law enforcement or public
safety officer), emergency management (including as an
emergency medical technician), public health (including full-
time professionals engaged in health care practitioner
occupations and health care support occupations, as such terms
are defined by the Bureau of Labor Statistics), or public
interest legal services (including prosecution or public
defense or legal advocacy in low-income communities at a
nonprofit organization).
``(11) Nutrition professionals.--An individual who--
``(A) is a licensed, certified, or registered
dietician who has completed a degree in a relevant
field; and
``(B) has obtained employment in an agency of the
special supplemental nutrition program for women,
infants, and children under section 17 of the Child
Nutrition Act of 1966 (42 U.S.C. 1786).
``(12) Medical specialists.--An individual who--
``(A) has received his or her degree from an
accredited medical school (as accredited by the Liaison
Committee on Medical Education or as defined by this
title IV); and
``(B)(i) has been accepted to, or currently
participates in, a graduate medical education training
program or fellowship (or both) to provide health care
services (as recognized by the Accreditation Council
for Graduate Medical Education); or
``(ii) has been accepted to, or currently
participates in, a graduate medical education program
or fellowship (or both) to provide health care services
that--
``(I) requires more than 5 years of total
graduate medical training; and
``(II) has fewer United States medical
school graduate applicants than the total
number of training and fellowship positions
available in the programs specified in
subclause (I) of this clause.
``(13) Mental health professionals.--Individuals who have
at least a master's degree in social work, psychology, or
psychiatry and who are providing mental health services to
children, adolescents, or veterans.
``(14) Dentists.--An individual who--
``(A) has received his or her degree from an
accredited dental school (as accredited by the
Commission on Dental Accreditation) and has completed
residency training in pediatric dentistry, general
dentistry, or dental public health; or
``(B) is employed as a member of the faculty at a
program or school accredited by the Commission on
Dental Accreditation.
``(15) STEM employees.--An individual who is employed in
engineering, technology, applied sciences, or mathematics.
``(16) Physical therapists.--Individuals who are physical
therapists and who are providing physical therapy services to
children, adolescents, or veterans.
``(17) Superintendents, principals, and other
administrators.--Individuals who are school superintendents,
principals, or other administrators for 5 consecutive complete
school years in a school district of a local educational agency
in which 30 percent or more of the schools are schools that
qualify under section 465(a)(2)(A) for loan cancellation for
Perkins loan recipients who teach in such a school.
``(c) Qualified Loan Amount.--At the end of each school, academic,
or calendar year of full-time employment on or after the date of
enactment of the College Opportunity and Affordability Act of 2008 in
an area of national need described in subsection (b), not to exceed 5
years, the Secretary shall forgive not more than $2,000 of the student
loan obligation of a borrower that is outstanding after the completion
of each such school, academic, or calendar year of employment, as
appropriate, not to exceed $10,000 in the aggregate for any borrower.
``(d) Priority.--The Secretary shall grant loan forgiveness under
this section on a first-come, first-served basis, and subject to the
availability of appropriations.
``(e) Construction.--Nothing in this section shall be construed to
authorize the refunding of any repayment of a loan.
``(f) Segal Americorps Education Award and National Service Award
Recipients.--A student borrower who qualifies for the maximum education
award under subtitle D of title I of the National and Community Service
Act of 1990 (42 U.S.C. 12601 et seq.) shall receive under this section
the amount, if any, by which the maximum benefit available under this
section exceeds the maximum education award available under such
subtitle.
``(g) Ineligibility for Double Benefits.--No borrower may receive a
reduction of loan obligations under both this section and section 428J
or 460.
``(h) Definitions.--In this section:
``(1) Audiologist.--The term `audiologist' means an
individual who--
``(A) has received, at a minimum, a graduate degree
in audiology from an institution of higher education
accredited by an agency or association recognized by
the Secretary pursuant to section 496(a) of this Act;
and
``(B) provides audiology services under subsection
(ll)(2) of section 1861 of the Social Security Act (42
U.S.C. 1395x(ll)(2)), or meets or exceeds the
qualifications for a qualified audiologist under
subsection (ll)(4) of such section (42 U.S.C.
1395x(ll)(4)).
``(2) Early childhood educator.--The term `early childhood
educator' means an early childhood educator who works directly
with children in an eligible preschool program or eligible
early childhood education program who has completed a
baccalaureate or advanced degree in early childhood
development, early childhood education, or in a field related
to early childhood education.
``(3) Eligible preschool program.--The term `eligible
preschool program' means a program that provides for the care,
development, and education of infants, toddlers, or young
children age 5 and under, meets any applicable State or local
government licensing, certification, approval, and registration
requirements, and is operated by--
``(A) a public or private school that is supported,
sponsored, supervised, or administered by a local
educational agency;
``(B) a Head Start agency serving as a grantee
designated under the Head Start Act (42 U.S.C. 9831 et
seq.);
``(C) a nonprofit or community based organization;
or
``(D) a child care program, including a home.
``(4) Eligible early childhood education program.--The term
`eligible early childhood education program' means--
``(A) a family child care program, center-based
child care program, State prekindergarten program,
school program, or other out-of-home early childhood
development care program, that--
``(i) is licensed or regulated by the
State; and
``(ii) serves 2 or more unrelated children
who are not old enough to attend kindergarten;
``(B) a Head Start Program carried out under the
Head Start Act (42 U.S.C. 9831 et seq.); or
``(C) an Early Head Start Program carried out under
section 645A of the Head Start Act (42 U.S.C. 9840a).
``(5) Low-income community.--The term `low-income
community' means a school attendance area (as defined in
section 1113(a)(2)(A) of the Elementary and Secondary Education
Act of 1965)--
``(A) in which 70 percent of households earn less
than 85 percent of the State median household income;
or
``(B) that includes a high-need school.
``(6) Physical therapist.--The term `physical therapist'
means an individual who--
``(A) has received, at a minimum, a graduate degree
in physical therapy from an institution of higher
education accredited by an agency or association
recognized by the Secretary pursuant to section 496(a)
of this Act; and
``(B) provides physical therapy services under
1861(p) of the Social Security Act (42 U.S.C. 1395x(p),
or meets or exceeds the qualifications for a qualified
physical therapist as determined by State law.
``(7) Nurse.--The term `nurse' means a nurse who meets all
of the following:
``(A) The nurse graduated from--
``(i) an accredited school of nursing (as
those terms are defined in section 801 of the
Public Health Service Act (42 U.S.C. 296));
``(ii) a nursing center; or
``(iii) an academic health center that
provides nurse training.
``(B) The nurse holds a valid and unrestricted
license to practice nursing in the State in which the
nurse practices in a clinical setting.
``(C) The nurse holds one or more of the following:
``(i) A graduate degree in nursing, or an
equivalent degree.
``(ii) A nursing degree from a collegiate
school of nursing (as defined in section 801 of
the Public Health Service Act (42 U.S.C. 296)).
``(iii) A nursing degree from an associate
degree school of nursing (as defined in section
801 of the Public Health Service Act (42 U.S.C.
296)).
``(iv) A nursing degree from a diploma
school of nursing (as defined in section 801 of
the Public Health Service Act (42 U.S.C. 296)).
``(8) Speech-language pathologist.--The term `speech-
language pathologist' means a speech-language pathologist who--
``(A) has received, at a minimum, a graduate degree
in speech-language pathology or communication sciences
and disorders from an institution of higher education
accredited by an agency or association recognized by
the Secretary pursuant to section 496(a) of this Act;
and
``(B) provides speech-language pathology services
under section 1861(ll)(1) of the Social Security Act
(42 U.S.C. 1395x(ll)(1)), or meets or exceeds the
qualifications for a qualified speech-language
pathologist under subsection (ll)(3) of such section
(42 U.S.C. 1395x(ll)(3)).
``(i) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section such sums as may be necessary
for fiscal year 2009 and each of the 4 succeeding fiscal years to
provide loan forgiveness in accordance with this section.''.
SEC. 430. LOAN REPAYMENT FOR CIVIL LEGAL ASSISTANCE ATTORNEYS.
Part B of title IV (20 U.S.C. 1071 et seq.) is amended by inserting
after section 428K the following new section:
``SEC. 428L. LOAN REPAYMENT FOR CIVIL LEGAL ASSISTANCE ATTORNEYS.
``(a) Purpose.--The purpose of this section is to encourage
qualified individuals to enter and continue employment as civil legal
assistance attorneys.
``(b) Definitions.--In this section:
``(1) Civil legal assistance attorney.--The term `civil
legal assistance attorney' means an attorney who--
``(A) is a full-time employee of a nonprofit
organization that provides legal assistance with
respect to civil matters to low-income individuals
without a fee;
``(B) as such employee, provides civil legal
assistance as described in subparagraph (A) on a full-
time basis; and
``(C) is continually licensed to practice law.
``(2) Student loan.--The term `student loan' means--
``(A) subject to subparagraph (B), a loan made,
insured, or guaranteed under part B, D, or E of this
title; and
``(B) a loan made under section 428C or 455(g), to
the extent that such loan was used to repay--
``(i) a Federal Direct Stafford Loan, a
Federal Direct Unsubsidized Stafford Loan, or a
Federal Direct PLUS Loan;
``(ii) a loan made under section 428, 428B,
or 428H; or
``(iii) a loan made under part E.
``(c) Program Authorized.--The Secretary shall carry out a program
of assuming the obligation to repay a student loan, by direct payments
on behalf of a borrower to the holder or the Secretary in the case of a
loan under part D or E of such loan, in accordance with subsection (d),
for any borrower who--
``(1) is employed as a civil legal assistance attorney; and
``(2) is not in default on a loan for which the borrower
seeks repayment.
``(d) Terms of Agreement.--
``(1) In general.--To be eligible to receive repayment
benefits under subsection (c), a borrower shall enter into a
written agreement with the Secretary that specifies that--
``(A) the borrower will remain employed as a civil
legal assistance attorney for a required period of
service of not less than 3 years, unless involuntarily
separated from that employment;
``(B) if the borrower is involuntarily separated
from employment on account of misconduct, or
voluntarily separates from employment, before the end
of the period specified in the agreement, the borrower
will repay the Secretary the amount of any benefits
received by such employee under this agreement;
``(C) if the borrower is required to repay an
amount to the Secretary under subparagraph (B) and
fails to repay such amount, a sum equal to that amount
shall be recoverable by the Federal Government from the
employee by such methods as are provided by law for the
recovery of amounts owed to the Federal Government;
``(D) the Secretary may waive, in whole or in part,
a right of recovery under this subsection if it is
shown that recovery would be against equity and good
conscience or against the public interest; and
``(E) the Secretary shall make student loan
payments under this section for the period of the
agreement, subject to the availability of
appropriations.
``(2) Repayments.--
``(A) In general.--Any amount repaid by, or
recovered from, an individual under this subsection
shall be credited to the appropriation account from
which the amount involved was originally paid.
``(B) Merger.--Any amount credited under
subparagraph (A) shall be merged with other sums in
such account and shall be available for the same
purposes and period, and subject to the same
limitations, if any, as the sums with which the amount
was merged.
``(3) Limitations.--
``(A) Student loan payment amount.--Student loan
repayments made by the Secretary under this section
shall be made subject to such terms, limitations, or
conditions as may be mutually agreed upon by the
borrower and the Secretary in an agreement under
paragraph (1), except that the amount paid by the
Secretary under this section shall not exceed--
``(i) $6,000 for any borrower in any
calendar year; or
``(ii) an aggregate total of $40,000 in the
case of any borrower.
``(B) Beginning of payments.--Nothing in this
section shall authorize the Secretary to pay any amount
to reimburse a borrower for any repayments made by such
borrower prior to the date on which the Secretary
entered into an agreement with the borrower under this
subsection.
``(e) Additional Agreements.--
``(1) In general.--On completion of the required period of
service under an agreement under subsection (d), the borrower
and the Secretary may, subject to paragraph (2), enter into an
additional agreement in accordance with subsection (d).
``(2) Term.--An agreement entered into under paragraph (1)
may specify that, notwithstanding subsection (d)(1)(A), the
required period of service during which the borrower will
remain employed as a civil legal assistance attorney may be
less than 3 years.
``(f) Award Basis; Priority.--
``(1) Award basis.--Subject to paragraph (2), the Secretary
shall provide repayment benefits under this section on a first-
come, first-served basis, and subject to the availability of
appropriations.
``(2) Priority.--The Secretary shall give priority in
providing repayment benefits under this section in any fiscal
year to a borrower who--
``(A) has practiced law for 5 years or less and,
for at least 90 percent of the time in such practice,
has served as a civil legal assistance attorney;
``(B) received repayment benefits under this
section during the preceding fiscal year; and
``(C) has completed less than 3 years of the first
required period of service specified for the borrower
in an agreement entered into under subsection (d).
``(g) Regulations.--The Secretary is authorized to issue such
regulations as may be necessary to carry out the provisions of this
section.
``(h) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $10,000,000 for fiscal year 2009
and such sums as may be necessary for each of the 4 succeeding fiscal
years.''.
SEC. 431. LOAN FORGIVENESS FOR VOLUNTEER MENTORING.
Part B of title IV is further amended by inserting after section
428L (as added by the preceding section) the following new section:
``SEC. 428M. LOAN FORGIVENESS FOR VOLUNTEER MENTORING.
``(a) Program Authorized.--
``(1) Loan forgiveness authorized.--The Secretary shall
forgive, in accordance with this section, the student loan
obligation of a borrower in the amount specified in subsection
(c) who--
``(A) commits to volunteering as a mentor for a
period of at least one school year as described in
subsection (b);
``(B) attends a recognized community college; and
``(C) is not in default on a loan for which the
borrower seeks forgiveness.
``(2) Method of loan forgiveness.--To provide loan
forgiveness under paragraph (1), the Secretary is authorized to
carry out a program--
``(A) through the holder of the loan, to assume the
obligation to repay a qualified loan amount for a loan
made, insured, or guaranteed under this part (other
than an excepted PLUS loan (as such term is defined in
section 493C(a))); and
``(B) to cancel a qualified loan amount for a loan
made under part D of this title (other than such an
excepted PLUS loan).
``(3) Regulations.--The Secretary is authorized to issue
such regulations as may be necessary to carry out the
provisions of this section.
``(b) Volunteer Mentoring.--For purposes of this section, an
individual shall be treated as participating in a volunteer mentoring
program if they commit to mentoring an at-risk child for a period of
not less than one school year.
``(c) Qualified Loan Amount.--At the end of each school, academic,
or calendar year of volunteering as a mentor on or after the date of
enactment of the College Opportunity and Affordability Act of 2007 as
described in subsection (b), not to exceed 5 years, the Secretary shall
forgive $10 of the student loan obligation of a borrower that is
outstanding after the completion of each such school, academic, or
calendar year of employment, for every hour of mentoring committed, not
to exceed $10,000 in the aggregate for any borrower.
``(d) Priority.--The Secretary shall grant loan forgiveness under
this section on a first-come, first-served basis, and subject to the
availability of appropriations.''.
SEC. 432. SETTLEMENT OF CLAIMS.
Section 432(b) (20 U.S.C. 1082(b)) is amended by adding at the end
the following: ``The Secretary may not enter into any settlement of any
claim under this Act that exceeds $1,000,000 unless the Secretary has
asked the Attorney General to review the settlement agreement and issue
an opinion to the Secretary and the authorizing committees related to
such proposed settlement.''.
SEC. 433. DELINQUENCY PREVENTION, DEFAULT AVERSION, AND CONSUMER
EDUCATION INFORMATION PROGRAMS.
Part B of title IV is further amended by inserting after section
433 (20 U.S.C. 1083) the following new section:
``SEC. 433A. DELINQUENCY PREVENTION, DEFAULT AVERSION, AND CONSUMER
EDUCATION INFORMATION PROGRAMS.
``(a) Guaranty Agency Duty.--Each guaranty agency, with respect to
loans insured by the agency, shall develop specific programs designed
to prevent delinquencies and avert defaults.
``(b) Training for Students and Families.--Each guaranty agency,
after consulting with institutions of higher education (including
institutions of higher education participating in the William Ford
Direct Loan Program), shall develop and make available high quality
educational programs and materials to provide training for students and
families in budgeting and financial management, including debt
management and other aspects of financial literacy, such as the cost of
using high interest loans to pay for postsecondary education. Such
programs and materials shall address budgeting and financial management
relating to student loans, and shall be made available to students and
families, in a form and language that is understandable, before,
during, and after the students' enrollment.
``(c) Rule of Construction.--Nothing in this section shall be
construed to prohibit--
``(1) a guaranty agency from using activities, programs,
and materials existing on the date of enactment of this section
in meeting the requirements of this section; or
``(2) a lender or loan servicer from providing outreach or
financial aid literacy information in accordance with
subsection (b).''.
SEC. 434. DEFINITION OF ELIGIBLE INSTITUTION: PARTICIPATION RATE INDEX.
(a) Amendments.--Section 435(a) (20 U.S.C. 1085(a)) is amended--
(1) in paragraph (2)--
(A) in subparagraph (A)(ii), by striking
``paragraph (4)'' and inserting ``paragraph (5)''; and
(B) in subparagraph (B)--
(i) by striking ``and'' at the end of
clause (ii); and
(ii) by striking clause (iii) and inserting
the following new clauses:
``(iii) 25 percent for fiscal year 1994
through fiscal year 2011; and
``(iv) 30 percent for fiscal year 2012 and
any succeeding fiscal year.'';
(2) by redesignating paragraph (6) as paragraph (8), and
redesignating paragraphs (3) through (5) as paragraphs (4)
through (6), respectively;
(3) by inserting after paragraph (2) the following new
paragraph:
``(3) Appeals for regulatory relief.--An institution whose
cohort default rate, calculated in accordance with subsection
(m), is equal to or greater than the threshold percentage
specified in paragraph (2)(B)(iv) of this subsection, for two
consecutive fiscal years may, within 30 days of receiving
notification from the Secretary, file an appeal demonstrating
exceptional mitigating circumstances, as defined in paragraph
(5). The Secretary shall issue a decision on any such appeal
within 45 days after its submission. If the Secretary
determines that the institution demonstrates exceptional
mitigating circumstances, the Secretary shall not subject the
institution to provisional certification based solely on the
institution's cohort default rate.'';
(4) in paragraph (5)(A) (as redesignated by paragraph (2)
of this subsection), by striking ``For the purposes of
paragraph (2)(A)(ii)'' and all that follows through ``following
criteria:'', and inserting ``For purposes of this subsection,
an institution of higher education shall be treated as having
exceptional mitigating circumstances that make application of
paragraph (2) inequitable, and that provide for regulatory
relief under paragraph (3), if such institution, in the opinion
of an independent auditor, meets the following criteria:'';
(5) by inserting after paragraph (6) (as redesignated by
paragraph (2) of this subsection) the following new paragraph:
``(7) Default prevention and assessment of eligibility
based on high default rates.--
``(A) First year.--(i) An institution whose cohort
default rate is equal to or greater than the threshold
percentage specified in paragraph (2)(B)(iv) in any
fiscal year shall establish a default prevention task
force to prepare a plan to--
``(I) identify the factors causing
the institution's cohort default rate
to exceed such threshold;
``(II) establish measurable
objectives to improve the institution's
cohort default rate; and
``(III) specify actions that the
institution can take to improve student
loan repayment, including enhanced use
of professional judgment and discretion
of student financial aid
administrators.
``(ii) Each institution subject to this
subparagraph shall submit the plan under clause (i) to
the Secretary, who shall review the plan and offer
technical assistance to the institution to promote
improved student loan repayment.
``(B) Second consecutive year.--(i) An institution
whose cohort default rate is equal to or greater than
the threshold percentage specified in paragraph
(2)(B)(iv) for two consecutive fiscal years shall
require the institution's default prevention task force
established under subparagraph (A) to review and revise
the plan required under such subparagraph, and shall
submit such revised plan to the Secretary.
``(ii) The Secretary shall review each revised plan
submitted in accordance with this subparagraph, and may
direct that such a plan be amended to include actions,
with measurable objectives, that the Secretary
determines, based on available data and analyses of
student loan defaults, will promote student loan
repayment.
``(C) Cohort default rates published.--The
Secretary shall make available to the public on the
College Navigator web site the cohort default rate and
the plan of the default prevention task force of each
institution that is subject to this paragraph.''; and
(6) in paragraph (8)(A) (as redesignated by paragraph (2)
of this subsection), by striking ``0.0375'' and inserting
``0.0625''.
(b) Effective Date.--The amendment made by subsection (a)(6) is
effective for fiscal years beginning on or after October 1, 2011.
SEC. 434. DEFINITION OF ELIGIBLE LENDER.
Section 435(d)(1)(A)(ii) (20 U.S.C. 1085(d)(1)(A)(ii)) is amended--
(1) by striking ``part, or (III)'' and inserting ``part,
(III)''; and
(2) by inserting before the semicolon at the end the
following: ``, or (IV) it is a National or State chartered bank
with assets of less than $1,000,000,000''.
SEC. 435. COHORT DEFAULT RATES.
(a) Amendments.--Section 435(m) (20 U.S.C. 1085(m)) is amended--
(1) in the first sentence of paragraph (1)(A), by striking
``end of the following fiscal year'' and inserting ``end of the
second fiscal year following the fiscal year in which the
students entered repayment'';
(2) in paragraph (1)(B), by striking ``such fiscal year''
and inserting ``such second fiscal year'';
(3) in paragraph (1)(C), by striking ``end of the fiscal
year immediately following the year in which they entered
repayment'' and inserting ``end of the second fiscal year
following the year in which they entered repayment'';
(4) in paragraph (2)(C)--
(A) by striking ``end of such following fiscal year
is not considered as in default for the purposes of
this subsection'' and inserting ``end of the second
fiscal year following the year in which the loan
entered repayment is not considered as in default for
purposes of this subsection''; and
(B) by striking ``such fiscal year'' and inserting
``such second fiscal year''; and
(5) in paragraph (4)--
(A) by amending the header to read as follows:
``Collection and reporting of cohort default rates and
life of cohort default rates.--''; and
(B) by amending subparagraph (A) to read as
follows:
``(A) The Secretary shall collect data from all insurers
under this part and shall publish not less often than once
every fiscal year a report showing cohort default data and life
of cohort default rate for each category of institution,
including: (i) 4-year public institutions; (ii) 4-year private
nonprofit institutions; (iii) 2-year public institutions; (iv)
2-year private institutions; (v) 4-year proprietary
institutions; (vi) 2-year proprietary institutions; and (vii)
less than 2-year proprietary institutions. For purposes of this
subparagraph, the life of cohort default rate means, for any
fiscal year in which 1 or more current and former students at
an institution enter repayment on loans under section 428,
428A, or 428H, received for attendance at the institution, the
percentage of those current and former students who enter
repayment on such loans (or on the portion of a loan made under
section 428C that is used to repay any such loans) received for
attendance at the institution in that fiscal year who default
before the end of each succeeding fiscal year.''.
(b) Effective Date and Transition.--
(1) Effective date.--The amendments made by subsection (a)
shall be effective for purposes of calculating cohort default
rates for fiscal year 2008 and succeeding fiscal years.
(2) Transition.--Notwithstanding paragraph (1), the method
of calculating cohort default rates under section 435(m) of the
Higher Education Act of 1965 as in effect on the day before the
date of enactment of this Act shall continue in effect, and the
rates so calculated shall be the basis for any sanctions
imposed on institutions of higher education because of their
cohort default rates, until three consecutive years of cohort
default rates calculated in accordance with the amendments made
by subsection (a) are available.
SEC. 436. DISABILITY DETERMINATIONS.
Section 437(a) (20 U.S.C. 1087(a)) is amended by adding at the end
the following new sentence: ``A borrower who receives a permanent total
disability rating from the Secretary of Veterans Affairs, and who
provides documentation of such rating to the Secretary of Education,
shall be considered permanently and totally disabled for the purpose of
discharging such borrower's loans under this subsection, and such
borrower shall not be required to present additional documentation for
purposes of this subsection.''.
PART C--COLLEGE WORK/STUDY
SEC. 441. REAUTHORIZATION.
(a) Extension of Authority.--Section 441 (42 U.S.C. 2751) is
amended--
(1) in subsection (b), by striking ``$1,000,000,000 for
fiscal year 1999'' and inserting ``$1,500,000,000 for fiscal
year 2009''; and
(2) in subsection (c)--
(A) by striking ``and'' at the end of paragraph
(3);
(B) by striking the period at the end of paragraph
(4) and inserting ``; and''; and
(C) by adding at the end the following new
paragraph:
``(5) responding to the needs of the community, which may
include activities in preparation for and during emergencies
and natural disasters.''.
(b) Allowance for Books and Supplies.--Section 442(c)(4)(D) (42
U.S.C. 2752(c)(4)(D)) is amended by striking ``$450'' and inserting
``$600''.
(c) Grants for Federal Work-Study Programs.--Section 443 (42 U.S.C.
2753) is amended--
(1) in subsection (b)(2)(B), strike ``(as described in
subsection (d)), is'' insert the following: ``(as described in
subsection (d)), and not less than 1 civic education and
participation project (as described in subsection (e)), are'';
and
(2) by adding at the end the following new subsection:
``(e) Civic Education and Participation Activities.--
``(1) Use of funds.--In any academic year to which
subsection (b)(2)(B) applies, an institution shall ensure that
funds granted to such institution under this section are used
in accordance with such subsection to compensate (including
compensation for time spent in training and travel directly
related to civic education and participation activities)
students employed in projects that--
``(A) teach civics in schools;
``(B) raise awareness of government functions or
resources; or
``(C) increase civic participation such as in
voting or running for elected office.
``(2) Priority for schools.--To the extent practicable, an
institution shall--
``(A) give priority to the employment of students
participating in projects that educate or train the
public about evacuation, emergency response, and injury
prevention strategies relating to natural disasters,
acts of terrorism, and other emergency situations; and
``(B) ensure that any student compensated with the
funds described in paragraph (1) receives appropriate
training to carry out the educational services
required.
``(3) Federal share.--The Federal share of the compensation
of work-study students compensated under this subsection may
exceed 75 percent.''.
(d) Flexible Use of Funds.--Section 445 (42 U.S.C. 2755) is amended
by adding at the end the following new subsection:
``(d) Flexibility in the Event of a Major Disaster.--
``(1) In the event of a major disaster, an eligible
institution located in any area affected by such major
disaster, as determined by the Secretary, may make payments
under this part to disaster-affected students as follows:
``(A) For any academic year during which a major
disaster occurs, such an eligible institution may pay
wages under this part to disaster-affected students in
an amount equal to or less than the amount of wages
such students would have been paid under this part had
the students been able to complete the work obligation
necessary to receive work study funds for such academic
year.
``(B) Wages shall not be awarded to any student
who, for the academic year during which a major
disaster occurs, was not eligible for work study or was
not completing the work obligation necessary to receive
work study funds under this part prior to the
occurrence of the major disaster.
``(C) Any wages awarded to disaster-affected
students under this subsection shall meet the matching
requirements outlined in section 443.
``(2) Definitions.--In this subsection:
``(A) The term `disaster-affected students' means
students enrolled at an eligible institution who--
``(i) were receiving Federal work study
payments from such eligible institution for an
academic year prior to the occurrence of a
major disaster during such academic year; and
``(ii) were prevented from fulfilling their
work-study obligations for such academic year
due to such major disaster, as determined by
the Secretary.
``(B) The term `major disaster' has the meaning
given such term in section 102(2) of the Robert T.
Stafford Disaster Relief and Emergency Assistance
Act.''.
SEC. 442. ADDITIONAL FUNDS FOR OFF-CAMPUS COMMUNITY SERVICE.
Section 447 (42 U.S.C. 2756a) is amended--
(1) by striking ``Each institution participating'' and
inserting ``(a) Community Service-Learning.--Each institution
participating''; and
(2) by adding at the end the following new subsection:
``(b) Off-Campus Community Service.--
``(1) Grants authorized.--In addition to funds made
available under section 443(b)(2)(B), the Secretary is
authorized to award grants to institutions participating under
this part to supplement off-campus community service
employment.
``(2) Use of funds.--In any year in which section
443(b)(2)(B) applies, an institution shall ensure that funds
granted to such institution under this subsection are used in
accordance with such section 443 to recruit and compensate
students (including compensation for time spent in training and
for travel directly related to such community service).
``(3) Priority.--In awarding grants under this subsection,
the Secretary shall give priority to applications that support
postsecondary students assisting with early childhood education
activities and activities in preparation for and during
emergencies and natural disasters.
``(4) Authorization of appropriations.--There are
authorized to be appropriated to carry out this subsection such
sums as may be necessary for fiscal year 2009 and each of the 4
succeeding fiscal years.''.
SEC. 443. WORK COLLEGES.
(a) Work-Learning-Service.--Section 448 (42 U.S.C. 2756b) is
amended by striking ``work-learning'' each place it appears and
inserting ``work-learning-service''.
(b) Definition.--Section 448(e) is amended to read as follows:
``(e) Definitions.--For the purpose of this section--
``(1) the term `work college' means an eligible institution
that--
``(A) has been a public or private nonprofit, four-
year, degree granting institution with a commitment to
community service;
``(B) has operated a comprehensive work-learning-
service program for at least 2 years;
``(C) requires all resident students, including at
least one-half of all students who are enrolled on a
full-time basis, to participate in a comprehensive
work-learning-service program for at least 5 hours each
week, or at least 80 hours during each period of
enrollment, except summer school, unless the student is
engaged in an institutionally organized or approved
study abroad or externship program; and
``(D) provides students participating in the
comprehensive work-learning-service program with the
opportunity to contribute to their education and to the
welfare of the community as a whole; and
``(2) the term `comprehensive student work-learning-service
program' means a student work-learning-service program that--
``(A) is an integral and stated part of the
institution's educational philosophy and program;
``(B) requires participation of all resident
students for enrollment and graduation;
``(C) includes learning objectives, evaluation, and
a record of work performance as part of the student's
college record;
``(D) provides programmatic leadership by college
personnel at levels comparable to traditional academic
programs;
``(E) recognizes the educational role of work-
learning-service supervisors; and
``(F) includes consequences for nonperformance or
failure in the work-learning-service program similar to
the consequences for failure in the regular academic
program.''.
(c) Authorization.--Section 448(f) is amended--
(1) by striking ``$5,000,000'' and inserting ``such sums as
may be necessary''; and
(2) by striking ``1999'' and inserting ``2009''.
PART D--FEDERAL DIRECT STUDENT LOANS
SEC. 451. REAUTHORIZATION.
Section 458(a) (20 U.S.C. 1087h(a)) is amended--
(1) in paragraph (2)--
(A) in the heading of such paragraph, by striking
``2011'' and inserting ``2013''; and
(B) by striking ``2011'' and inserting ``2013'';
and
(2) in paragraph (3), by striking ``2011'' and inserting
``2013''.
SEC. 452. PUBLIC SERVICE JOB DEFINITION.
Section 455(m)(3)(B) (20 U.S.C. 1087e(m)(3)(B)) is amended to read
as follows:
``(B) Public service job.--The term `public service
job' means--
``(i) a full-time job in emergency
management, government (excluding time served
as a member of Congress), military service,
public safety, law enforcement, public health
(including nurses, nurse practitioners, nurses
in a clinical setting, and full-time
professionals engaged in health care
practitioner occupations and health care
support occupations, as such terms are defined
by the Bureau of Labor Statistics), public
education, social work in a public child or
family service agency, public interest law
services (including prosecution or public
defense or legal advocacy on behalf of low-
income communities at a nonprofit
organization), early childhood education
(including licensed or regulated childcare,
Head Start, and State funded prekindergarten),
public service for individuals with
disabilities, public service for the elderly,
public library sciences, school-based library
sciences and other school-based services, or at
an organization that is described in section
501(c)(3) of the Internal Revenue Code of 1986
and exempt from taxation under section 501(a)
of such Code; or
``(ii) teaching as a full-time faculty
member at a Tribal College or University as
defined in section 316(b) and other faculty
teaching in high-needs subject areas or areas
of shortage (including nurse faculty, foreign
language faculty and part-time faculty at
community colleges), as determined by the
Secretary.''.
SEC. 453. IDENTITY FRAUD PROTECTION.
Section 455 (20 U.S.C. 1087e) is further amended by adding at the
end the following new subsection:
``(n) Identity Fraud Protection.--The Secretary of Education shall
take such steps as may be necessary to ensure that monthly Direct Loan
statements and other publications of the Department of Education do not
contain more than 4 digits of the Social Security number of any
individual.''.
SEC. 454. NO ACCRUAL OF INTEREST FOR ACTIVE DUTY SERVICE MEMBERS.
(a) Amendment.--Section 455 (20 U.S.C. 1087e) is further amended by
adding at the end the following:
``(o) No Accrual of Interest for Active Duty Service Members.--
``(1) In general.--Notwithstanding any other provision of
this part, and except as provided in paragraph (3), interest
shall not accrue for an eligible borrower on a loan made under
this part that is disbursed on or after October 1, 2008.
``(2) Consolidation loans.--In the case of any
consolidation loan made under this part that is disbursed on or
after October 1, 2008, interest shall not accrue pursuant to
this subsection only on such portion of such loan as was used
to repay a loan made under this part that was disbursed on or
after October 1, 2008.
``(3) Eligible borrower.--In this subsection, the term
`eligible borrower' means an individual who--
``(A)(i) is serving on active duty during a war or
other military operation or national emergency; or
``(ii) is performing qualifying National Guard duty
during a war or other military operation or national
emergency; and
``(B) is serving in an area of hostilities in which
service qualifies for special pay under section 310 of
title 37, United States Code.
``(4) Limitation.--An individual who qualifies as an
eligible borrower under this subsection may receive the benefit
of this subsection for not more than 60 months.''.
(b) Consolidation Loans.--Section 428C(b)(5) (20 U.S.C. 1078-
3(b)(5)) is amended by inserting after the first sentence the
following: ``In addition, in the event that a borrower chooses to
obtain a consolidation loan for the purposes of using the no accrual of
interest for active duty service members program offered under section
455(o), the Secretary shall offer a Federal Direct Consolidation loan
to any such borrower who applies for participation in such program.''.
SEC. 455. DIRECT LOAN PROGRAM AUDIT AND REPORTING REQUIREMENTS.
(a) Audit of Direct Loan Servicing Portfolio and Direct Loan
Servicing Contracts.--Section 458 (20 U.S.C. 1087h) is amended by
adding at the end the following:
``(d) Audit of Direct Loan Servicing Portfolio and Direct Loan
Servicing Contracts.--The Secretary shall have a financial and
compliance audit of all loans owned by the Department of Education and
made under the William D. Ford Federal Direct Loan Program and all
contracts for the origination, servicing, collection, and related
activities of such loans, conducted annually by a qualified independent
organization from a list of qualified organizations promulgated by the
Secretary in accordance with standards established by the Comptroller
General. The standards shall measure the servicer's compliance with the
due diligence standards and shall include a defined statistical
sampling technique designed to measure the performance rating of the
servicer for the purpose of this section. The Secretary shall submit
the audit to Congress within 60 days of its completion and shall at the
same time make the results of the audit publicly available.''.
(b) Quarterly Reporting of Administrative Expenses.--Section 458
(20 U.S.C. 1087h) is further amended by adding at the end the
following:
``(e) Budget Justification and Quarterly Reports.--In addition to
the requirements of subsection (c), and as a prerequisite to expending
funds under this section, the Secretary shall--
``(1) make publicly available immediately upon providing to
Congress, its annual budget justification referenced in the
last sentence of subsection (c), including the detailed
descriptions of activities and the costs for each such
activity; and
``(2) make publicly available within 30 days of the close
of each calendar quarter, an interim report with at least the
same level of detail as the annual report referred to above,
showing the detailed descriptions of activities and the costs
for each such activity, for the quarter, which shall include--
``(A) amendments to any contracts entered into by
the Department for the purposes of servicing,
origination, consolidating, or otherwise providing
administrative support for the Direct Loan program;
``(B) a complete listing of all milestones for
upgrades and improvements in any of the contracts
referenced in section 458(d)(1) and the progress
towards meeting such milestones;
``(C) with respect to each of the guaranty agencies
operating under a guaranty agreement under section
428(c)--
``(i) un-reconciled balances in held loans
by year of origination;
``(ii) status and number of defaulted loans
by length of default in 30-day increments; and
``(iii) status and number of delinquent
loans by length of delinquency in 30-day
increments;
``(D) information technology purchases made under
this section; and
``(E) costs and terms of all contracts with
external consultants and employees of institutions of
higher education carrying out activities under this
part.''.
(c) Audit of Federal Family Education Loan Program Portfolio and
Guaranty Agencies.--The Secretary of Education shall have a financial
and compliance audit of all guaranty agencies participating in the loan
programs under part B of title IV of the Higher Education Act of 1965
(including each guaranty agencies' contract for the servicing,
collecting, and related activities of such loans), conducted annually
by a qualified independent organization from a list of qualified
organizations promulgated by the Secretary in accordance with the
standards established by the Comptroller General. The standards shall
measure the guaranty agency's compliance with the due diligence
standards and shall include a defined statistical sampling technique
designed to measure the performance rating of the guaranty agency for
the purpose of this subsection. The Secretary shall submit the audit to
Congress within 60 days of its completion and shall at the same time
make the results of the audit publicly available.
PART E--PERKINS LOANS
SEC. 461. EXTENSION OF AUTHORITY.
Section 461(b) (20 U.S.C. 1087aa(b)) is amended--
(1) in paragraph (1), by striking ``$250,000,000 for fiscal
year 1999'' and inserting ``$350,000,000 for fiscal year
2009''; and
(2) in paragraph (2), by striking ``2003'' each place it
appears and inserting ``2014''.
SEC. 462. ALLOWANCE FOR BOOKS AND SUPPLIES.
Section 462(c)(4)(D) (20 U.S.C. 1087bb(c)(4)(D)) is amended by
striking ``$450'' and inserting ``$600''.
SEC. 463. AGREEMENTS WITH INSTITUTIONS.
(a) Transfers for Collection.--Section 463(a)(4)(B) (20 U.S.C.
1087cc(a)(4)(B)) is amended to read as follows:
``(B) if the institution is not one described in
subparagraph (A), the Secretary may allow such
institution to refer such note or agreement to the
Secretary, without recompense, except that any sums
collected on such a loan (less an amount not to exceed
30 percent of any such sums collected to cover the
Secretary's collection costs) shall be repaid to such
institution no later than 180 days after collection by
the Secretary and treated as an additional capital
contribution under section 462;''.
(b) Revise Authority To Prescribe Additional Fiscal Controls.--
Section 463(a)(9) (20 U.S.C. 1087cc(a)(9)) is amended by inserting ``,
except that nothing in this paragraph shall be construed to permit the
Secretary to require the assignment of loans to the Secretary other
than as is provided for in paragraphs (4) and (5)'' before the period.
SEC. 464. PERKINS LOAN TERMS AND CONDITIONS.
(a) Loan Limits.--Section 464(a) (20 U.S.C. 1087dd(a)) is amended--
(1) in paragraph (2)(A)--
(A) by striking ``$4,000'' in clause (i) and
inserting ``$5,500''; and
(B) by striking ``$6,000'' in clause (ii) and
inserting ``$8,000''; and
(2) in paragraph (2)(B)--
(A) by striking ``$40,000'' in clause (i) and
inserting ``$60,000'';
(B) by striking ``$20,000'' in clause (ii) and
inserting ``$27,500''; and
(C) by striking ``$8,000'' in clause (iii) and
inserting ``$11,000''.
(b) Forbearance.--Section 464 (20 U.S.C. 1087dd) is further
amended--
(1) in subsection (e)--
(A) in the matter preceding paragraph (1), by
striking ``, upon written request,'' and inserting ``,
as documented in accordance with paragraph (2),'';
(B) by redesignating paragraphs (1) through (3) as
subparagraphs (A) through (C), respectively;
(C) by inserting ``(1)'' after ``Forbearance.--'';
and
(D) by adding at the end the following:
``(2) For the purpose of paragraph (1), the terms of forbearance
agreed to by the parties shall be documented by--
``(A) confirming the agreement of the borrower by notice to
the borrower from the institution of higher education; and
``(B) recording the terms in the borrower's file.'';
(2) in subsection (h)(1)(A), by striking ``12 ontime'' and
inserting ``9 on-time''; and
(3) in subsection (j)(2), by striking ``(e)(3)'' and
inserting ``(e)(1)(C)''.
SEC. 465. CANCELLATION FOR PUBLIC SERVICE.
Section 465(a) (20 U.S.C. 1087ee(a)) is amended--
(1) in paragraph (2)--
(A) by amending subparagraph (A) to read as
follows:
``(A) as a full-time teacher for service in an academic
year in a high-need school;'';
(B) in subparagraph (B), by striking ``Head Start
Act which'' and inserting ``Head Start Act, or in a
prekindergarten or child care program that is licensed
or regulated by the State, that'';
(C) in subparagraph (H), by striking ``or'' after
the semicolon;
(D) in subparagraph (I), by striking the period and
inserting a semicolon; and
(E) by inserting before the matter following
subparagraph (I) the following:
``(J) as a full-time fire fighter for service to a local,
State, or Federal fire department or fire district;
``(K) as a full-time faculty member at a Tribal College or
University, as that term is defined in section 316;
``(L) as a librarian, if the librarian has a master's
degree in library science and is employed in--
``(i) an elementary school or secondary school that
is eligible for assistance under title I of the
Elementary and Secondary Education Act of 1965; or
``(ii) a public library that serves a geographic
area that contains 1 or more schools eligible for
assistance under title I of the Elementary and
Secondary Education Act of 1965; or
``(M) as a full-time speech language therapist, if the
therapist has a master's degree and is working exclusively with
schools that are eligible for assistance under title I of the
Elementary and Secondary Education Act of 1965.''; and
(2) in paragraph (3)(A)--
(A) in clause (i)--
(i) by inserting ``(D),'' after ``(C),'';
and
(ii) by striking ``or (I)'' and inserting
``(I), (J), (K), (L), or (M)'';
(B) in clause (ii), by inserting ``or'' after the
semicolon;
(C) by striking clause (iii); and
(D) by redesignating clause (iv) as clause (iii).
SEC. 466. SENSE OF CONGRESS REGARDING PERKINS LOANS.
It is the sense of Congress that--
(1) the Federal Perkins Loan Program, which provides low-
interest loans to help needy students finance the costs of
postsecondary education, is an important part of Federal
student aid, and should remain a campus-based aid program at
colleges and universities; and
(2) in order to strengthen the Federal Perkins Loan
Program, the Federal Government should support increased funds
to the Program and restore the capital contribution funds for
the Program, to provide more low-income students with
affordable borrowing options.
PART F--NEED ANALYSIS
SEC. 471. COST OF ATTENDANCE.
(a) Amendments.--Section 472(3) (20 U.S.C. 1087kk(3)) is amended--
(1) in subparagraph (B), by striking ``and'' after the
semicolon;
(2) by redesignating subparagraph (C) as subparagraph (D);
and
(3) by inserting after subparagraph (B), as amended by
paragraph (1), the following:
``(C) for students who live in housing located on a
military base or for which a basic allowance is
provided under section 403(b) of title 37, United
States Code, shall be an allowance based on the
expenses reasonably incurred by such students for board
but not for room; and''.
(b) Effective Date.--The amendments made by subsection (a) shall
take effect on July 1, 2009.
SEC. 472. DISCRETION TO MAKE ADJUSTMENTS FOR NURSING HOME EXPENSES.
Section 479A(a) (20 U.S.C. 1087tt) is amended by striking ``medical
or dental expenses'' and inserting ``medical, dental, or nursing home
expenses''.
SEC. 473. DEFINITIONS.
(a) Total Income.--Section 480(a) (20 U.S.C. 1087vv(a)) is amended
by adding at the end the following new paragraph:
``(3) Notwithstanding paragraph (1), with respect to dislocated
workers (as defined in section 101 of the Workforce Investment Act of
1998 (29 U.S.C. 2801)), the term `total income' is equal to estimated
adjusted gross income plus estimated untaxed income and benefits for
the current tax year minus estimated excludable income (as defined in
subsection (e)) in for the current tax year.''.
(b) Untaxed Income and Benefits.--Section 480(b)(6) (20 U.S.C.
1087vv(b)(6)) is amended by inserting ``, except that the value of on-
base military housing or the value of basic allowance for housing
determined under section 403(b) of title 37, United States Code,
received by the parents, in the case of a dependent student, or the
student or student's spouse, in the case of an independent student,
shall be excluded'' before the semicolon.
(c) Treatment of Cooperative Education Work Income.--Section 480(e)
(20 U.S.C. 1087vv(e)) is amended--
(1) by redesignating paragraphs (2) through (4) as
paragraphs (3) through (5), respectively; and
(2) by inserting after paragraph (1) the following new
paragraph:
``(2) any income earned from work under a cooperative
education program offered by an institution of higher
education;''.
(d) Treatment of Veterans' Education Benefits in Estimated
Financial Assistance Calculation.--Section 480(j) (20 U.S.C. 1087vv(j))
is amended by adding at the end the following new paragraph:
``(4) Notwithstanding paragraph (1), for the first year a student
receives veterans' education benefits under chapter 30 of title 38,
United States Code, the amount of such veterans' education benefits
that is treated as estimated financial assistance not received under
this title for the purposes of section 471(3) shall be calculated by
subtracting the amount that the student's basic pay was reduced under
section 3011(b) or 3012(c) of such title in order to be eligible to
receive such benefits from the amount of such veterans' education
benefits.''.
(e) Effective Date.--The amendments made by this section are
effective on July 1, 2009.
SEC. 474. USE OF MOST RECENT TAX INFORMATION IN NEED ANALYSIS.
Section 480(a)(1) of the Higher Education Act of 1965 (20 U.S.C.
1087vv(a)(1)), as amended by section 473 of this Act, is further
amended by adding at the end the following new sentence:
``Notwithstanding the preceding sentence, the Secretary shall, by
regulation, provide for the use of the second preceding tax year when
and to the extent necessary to carry out the simplification of
applications used for the estimation and determination of financial aid
eligibility through the sharing of data with the Internal Revenue
Service with the consent of the taxpayer.''.
PART G--GENERAL PROVISIONS
SEC. 481. COMPLIANCE CALENDAR.
Section 482 (20 U.S.C. 1089) is amended by adding at the end the
following:
``(e) Compliance Calendar.--Prior to the beginning of each award
year, the Secretary shall provide to institutions of higher education a
list of all the reports and disclosures required under this Act. The
list shall include--
``(1) the date each report or disclosure is required to be
completed and to be submitted, made available, or disseminated;
``(2) the required recipients of each report or disclosure;
``(3) any required method for transmittal or dissemination
of each report or disclosure;
``(4) a description of the content of each report or
disclosure sufficient to allow the institution to identify the
appropriate individuals to be assigned the responsibility for
such report or disclosure;
``(5) references to the statutory authority, applicable
regulations, and current guidance issued by the Secretary
regarding each report or disclosure; and
``(6) any other information which is pertinent to the
content or distribution of the report or disclosure.''.
SEC. 482. IMPROVEMENTS TO PAPER AND ELECTRONIC FORMS AND PROCESSES.
(a) Common Financial Aid Form Development and Processing.--Section
483 (20 U.S.C. 1090) is amended--
(1) in subsection (a)--
(A) by striking paragraphs (1), (2), and (5);
(B) by redesignating paragraphs (3), (4), (6), and
(7), as paragraphs (9), (10), (11), and (12),
respectively; and
(C) by inserting before paragraph (9), as
redesignated by subparagraph (B), the following:
``(1) In general.--The Secretary, in cooperation with
representatives of agencies and organizations involved in
student financial assistance, shall produce, distribute, and
process free of charge common financial reporting forms as
described in this subsection to be used for application and
reapplication to determine the need and eligibility of a
student for financial assistance under parts A through E (other
than subpart 4 of part A). These forms shall be made available
to applicants in both paper and electronic formats and shall be
referred to as the `Free Application for Federal Student Aid'
or the `FAFSA'. The Secretary shall work to make the FAFSA
consumer-friendly and to make questions on the FAFSA easy for
students and parents to read and understand, and shall ensure
that the FAFSA is available in formats accessible to
individuals with disabilities.
``(2) Early estimates.--The Secretary shall--
``(A) permit applicants to enter data in such forms
as described in this subsection in the years prior to
enrollment in order to obtain a non-binding estimate of
the applicant's family contribution (as defined in
section 473);
``(B) permit applicants to update information
submitted on forms described in this subsection,
without needing to re-enter previously submitted
information;
``(C) develop a means to inform applicants, in the
years prior to enrollment, of student aid options for
individuals in similar financial situations; and
``(D) develop a means to provide a clear and
conspicuous notice that the applicant's expected family
contribution is subject to change and may not reflect
the final expected family contribution used to
determine Federal student financial aid award amounts.
``(3) Paper format.--
``(A) In general.--The Secretary shall produce,
distribute, and process common forms in paper format to
meet the requirements of paragraph (1). The Secretary
shall develop a common paper form for applicants who do
not meet the requirements of subparagraph (B).
``(B) EZ fafsa.--
``(i) In general.--The Secretary shall
develop and use a simplified paper application
form, to be known as the EZ FAFSA, to be used
for applicants meeting the requirements of
subsections (b) and (c) of section 479.
``(ii) Reduced data requirements.--The EZ
FAFSA shall permit an applicant to submit for
financial assistance purposes, only the data
elements required to make a determination of
whether the applicant meets the requirements
under subsections (b) and (c) of section 479.
``(iii) State data.--The Secretary shall
include on the EZ FAFSA such data items as may
be necessary to award State financial
assistance, as provided under paragraph (6),
except that the Secretary shall not include a
State's data if that State does not permit its
applicants to use the EZ FAFSA for State
assistance.
``(iv) Free availability and processing.--
The provisions of paragraph (7) shall apply to
the EZ FAFSA, and the data collected by means
of the EZ FAFSA shall be available to
institutions of higher education, guaranty
agencies, and States in accordance with
paragraph (9).
``(v) Testing.--The Secretary shall conduct
appropriate field testing on the EZ FAFSA.
``(C) Promoting the use of electronic fafsa.--
``(i) In general.--The Secretary shall make
all efforts to encourage all applicants to
utilize the electronic forms described in
paragraph (4).
``(ii) Maintenance of the fafsa in a
printable electronic file.--The Secretary shall
maintain a version of the paper forms described
in subparagraphs (A) and (B) in a printable
electronic file that is easily portable. The
printable electronic file will be made easily
accessible and downloadable to students on the
same website used to provide students with the
electronic application forms described in
paragraph (4) of this subsection. The Secretary
shall enable students to submit a form created
under this subparagraph that may be downloaded
and printed from an electronic file format in
order to meet the filing requirements of this
section and in order to receive aid from
programs under this title.
``(iii) Reporting requirement.--The
Secretary shall report annually to Congress on
the impact of the digital divide on students
completing applications for title IV aid
described under this paragraph and paragraph
(4). The Secretary will also report on the
steps taken to eliminate the digital divide and
reduce production of the paper form described
in subparagraph (A) of this paragraph. The
Secretary's report will specifically address
the impact of the digital divide on the
following student populations: independent
students, traditionally underrepresented
students, and dependent students.
``(4) Electronic format.--
``(A) In general.--The Secretary shall produce,
distribute, and process common forms in electronic
format to meet the requirements of paragraph (1). The
Secretary shall develop common electronic forms for
applicants who do not meet the requirements of
subparagraph (C) of this paragraph.
``(B) State data.--The Secretary shall include on
the common electronic forms space for information that
needs to be entered for the applicant to be eligible
for State financial assistance, as provided under
paragraph (6), except the Secretary shall not require
applicants to enter data required by any State other
than the applicant's State of residence.
``(C) Simplified applications: fafsa on the web.--
``(i) In general.--The Secretary shall
develop and use a simplified electronic
application form to be used by applicants
meeting the requirements under subsections (b)
and (c) of section 479.
``(ii) Reduced data requirements.--The
simplified electronic application forms shall
permit an applicant to submit for financial
assistance purposes, only the data elements
required to make a determination of whether the
applicant meets the requirements under
subsection (b) or (c) of section 479.
``(iii) State data.--The Secretary shall
include on the simplified electronic
application forms such data items as may be
necessary to award State financial assistance,
as provided under paragraph (6), except that
the Secretary shall not require applicants to
enter data required by any State other than the
applicant's State of residence.
``(iv) Availability and processing.--The
data collected by means of the simplified
electronic application forms shall be available
to institutions of higher education, guaranty
agencies, and States in accordance with
paragraph (9).
``(v) Testing.--The Secretary shall conduct
appropriate field testing on the forms
developed under this subparagraph.
``(D) Use of forms.--Nothing in this subsection
shall be construed to prohibit the use of the forms
developed by the Secretary pursuant to this paragraph
by an eligible institution, eligible lender, guaranty
agency, State grant agency, private computer software
provider, a consortium thereof, or such other entities
as the Secretary may designate.
``(E) Privacy.--The Secretary shall ensure that
data collection under this paragraph complies with
section 552a of title 5, United States Code, and that
any entity using the electronic version of the forms
developed by the Secretary pursuant to this paragraph
shall maintain reasonable and appropriate
administrative, technical, and physical safeguards to
ensure the integrity and confidentiality of the
information, and to protect against security threats,
or unauthorized uses or disclosures of the information
provided on the electronic version of the forms. Data
collected by such electronic version of the forms shall
be used only for the application, award, and
administration of aid awarded under this title, State
aid awarded under section 415C, or aid awarded by
eligible institutions or such entities as the Secretary
may designate. No data collected by such electronic
version of the forms shall be used for making final aid
awards under this title until such data have been
processed by the Secretary or a contractor or designee
of the Secretary, except as may be permitted under this
title.
``(F) Signature.--Notwithstanding any other
provision of this Act, the Secretary may permit an
electronic form under this paragraph to be submitted
without a signature, if a signature is subsequently
submitted by the applicant or if the applicant uses a
personal identification number provided by the
Secretary under subparagraph (G) of this paragraph.
``(G) Personal identification numbers authorized.--
The Secretary may assign to applicants personal
identification numbers--
``(i) to enable the applicants to use such
numbers in lieu of a signature for purposes of
completing a form under this paragraph;
``(ii) to enable the applicants to use such
numbers in lieu of a signature for purposes of
completing forms required by States under
section 415C; and
``(iii) for any purpose determined by the
Secretary to enable the Secretary to carry out
this title.
``(H) Personal identification number improvement.--
The Secretary shall implement a real-time data match
between the Social Security Administration and the
Department to minimize the time required for an
applicant to obtain a personal identification number
when applying for aid under this title through an
electronic version of a form developed under this
paragraph.
``(5) Streamlining.--
``(A) Streamlined reapplication process.--
``(i) In general.--The Secretary shall
develop streamlined reapplication forms and
processes, including both paper and electronic
reapplication processes, consistent with the
requirements of this subsection, for an
applicant who applies for financial assistance
under this title in the next succeeding
academic year subsequent to the year in which
such applicant first applied for financial
assistance under this title.
``(ii) Mechanisms for reapplication.--The
Secretary shall develop appropriate mechanisms
to support reapplication.
``(iii) Identification of updated data.--
The Secretary shall determine, in cooperation
with States, institutions of higher education,
agencies, and organizations involved in student
financial assistance, the data elements that
can be updated from the previous academic
year's application.
``(iv) Reduced data authorized.--Nothing in
this title shall be construed as limiting the
authority of the Secretary to reduce the number
of data elements required of reapplicants.
``(v) Zero family contribution.--Applicants
determined to have a zero family contribution
pursuant to section 479(c) shall not be
required to provide any financial data in a
reapplication form, except that which is
necessary to determine eligibility under such
section.
``(B) Reduction of data elements.--
``(i) Reduction encouraged.--Of the number
of data elements on the FAFSA on the date of
enactment of the College Opportunity and
Affordability Act of 2008 (including questions
on the FAFSA for the purposes described in
paragraph (6)), the Secretary, in cooperation
with representatives of agencies and
organizations involved in student financial
assistance, shall continue to reduce the number
of such data elements required to be entered by
all applicants, with the goal of reducing such
number by 50 percent. Reductions of data
elements under paragraph (3)(B), (4)(C), or
(5)(A)(iv) shall not be counted towards such
reduction unless those data elements are
reduced for all applicants.
``(ii) Report.--The Secretary shall submit
a report on the process of this reduction to
each the authorizing committees within 2 years
after such date of enactment.
``(6) State requirements.--
``(A) In general.--The Secretary shall include on
the forms developed under this subsection, such State-
specific nonfinancial data items as the Secretary
determines are necessary to meet State requirements for
need-based State aid under section 415C, except as
provided in paragraphs (3)(B)(iii) and (4)(C)(iii) of
this subsection. Such items shall be selected in
consultation with State agencies that submit
applications under section 415C in order to assist in
the awarding of State financial assistance in
accordance with the terms of this subsection, except as
provided in paragraphs (3)(B)(iii) and (4)(C)(iii) of
this subsection. The number of such data items shall
not be less than the number included on the form for
the 2008-2009 academic year, unless a State notifies
the Secretary that the State no longer requires those
data items for the distribution of State need-based
aid.
``(B) Annual review.--The Secretary shall conduct
an annual review process to determine which forms and
nonfinancial data items the States require to award
need-based State aid and other application requirements
that the States may impose.
``(C) State use of simplified forms.--The Secretary
shall encourage States to take such steps as necessary
to encourage the use of simplified application forms,
including those described in paragraphs (3)(B) and
(4)(C), to meet the requirements under subsection (b)
or (c) of section 479.
``(D) Federal register notice.--The Secretary shall
publish on an annual basis a notice in the Federal
Register requiring State agencies to inform the
Secretary--
``(i) if the State agency is unable to
permit applicants to utilize the simplified
application forms described in paragraphs
(3)(B) and (4)(C); and
``(ii) of the State-specific nonfinancial
data that the State agency requires for
delivery of State need-based financial aid.
``(E) State notification to the secretary.--
``(i) In general.--Each State agency that
submits an application under section 415C shall
notify the Secretary--
``(I) whether the State permits an
applicant to file a form described in
paragraph (3)(B) or (4)(A) of this
subsection for purposes of determining
eligibility for State need-based grant
aid; and
``(II) the State-specific
nonfinancial data that the State agency
requires for delivery of State need-
based financial aid.
``(ii) Acceptance of forms.--In the event
that a State does not permit an applicant to
file a form described in paragraph (3)(B) or
(4)(A) of this subsection for purposes of
determining eligibility for State need-based
grant aid--
``(I) the State shall notify the
Secretary if the State is not permitted
to do so because of either State law or
because of agency policy; and
``(II) the notification under
subclause (I) shall include an estimate
of the program cost to permit
applicants to complete simplified
application forms under paragraphs
(3)(B) and (4)(A) of this subsection.
``(iii) Lack of notification by the
state.--If a State does not notify the
Secretary pursuant to clause (i), the Secretary
shall--
``(I) permit residents of that
State to complete simplified
application forms under paragraphs
(3)(B) and (4)(A) of this subsection;
and
``(II) not require any resident of
that State to complete any nonfinancial
data previously required by that State
under this section.
``(7) Charges to students and parents for use of forms
prohibited.--
``(A) Fees prohibited.--The FAFSA, in whatever form
(including the EZ FAFSA, paper, electronic, simplified,
or reapplication), shall be produced, distributed, and
processed by the Secretary and no parent or student
shall be charged a fee for the collection, processing,
or delivery of financial aid through the use of the
FAFSA. The need and eligibility of a student for
financial assistance under parts A through E of this
title (other than under subpart 4 of part A) may only
be determined by using the FAFSA developed by the
Secretary pursuant to this subsection. No student may
receive assistance under parts A through E of this
title (other than under subpart 4 of part A), except by
use of the FAFSA developed by the Secretary pursuant to
this subsection. No data collected on a form for which
a fee is charged shall be used to complete the FAFSA.
``(B) Notice.--Any entity that provides to students
and parents, or charges students or parents for, any
value-added services with respect to or in connection
with the FAFSA, such as completion of the FAFSA,
submission of the FAFSA, or tracking of the FAFSA for a
student, shall provide to students and parents clear
and conspicuous notice that--
``(i) the FAFSA is a free Federal student
aid application;
``(ii) the FAFSA can be completed without
professional assistance; and
``(iii) includes the current Internet
address for the FAFSA on the Department's web
site.
``(8) Application processing cycle.--The Secretary shall
enable students to submit a form created under this subsection
in order to meet the filing requirements of this section and in
order to receive aid from programs under this title and shall
initiate the processing of applications under this subsection
as early as practicable prior to October 15 of the year prior
to the student's planned year of enrollment.'';
(2) by adding at the end of subsection (a) the following
paragraph:
``(13) Early application and award demonstration program.--
``(A) Program required.--The Secretary shall, no
later than two years after the date of the enactment of
the College Opportunity and Affordability Act of 2008,
implement an early application demonstration program
enabling dependent students to--
``(i) complete applications under this
subsection in such students' junior year of
secondary school, or in the academic year that
is 2 years prior to such students' intended
year of enrollment at an institution of higher
education;
``(ii) receive an estimate of such
students' financial aid awards;
``(iii) update, in the year prior to such
students' planned year of enrollment, the
information contained in an application
submitted under clause (i), using the process
described in paragraph (5) to determine such
students' final financial aid awards; and
``(iv) receive final financial aid awards
based on updated information described in
clause (iii).
``(B) Purpose and objectives.--The purpose of the
demonstration program under this paragraph shall be to
measure the benefits, in terms of student aspirations
and plans to attend college, and the adverse effects,
in terms of program costs, integrity, distribution, and
delivery of aid under this title, of implementing an
early application system for all dependent students
that allows dependent students to apply for financial
aid using information from the year prior to the year
prior to enrollment. Additional objectives associated
with implementation of the demonstration program are
the following:
``(i) Measure the feasibility of enabling
dependent students to apply for Federal, State,
and institutional financial aid in their junior
year of high school, using information from the
year prior to the year prior to enrollment, by
completing any of the application forms under
this subsection.
``(ii) Identify whether receiving final
financial aid awards no later than the fall of
the senior year provides students with
additional time to compete for the limited
resources available for State and institutional
financial aid and positively impacts the
college aspirations and plans of these
students.
``(iii) Measure the impact of using income
information from the years prior to enrollment
on--
``(I) eligibility for financial aid
under this title and for other State
and institutional aid; and
``(II) the cost of financial aid
programs under this title.
``(iv) Effectively evaluate the benefits
and adverse effects of the demonstration
program on program costs, integrity,
distribution, and delivery of aid.
``(C) Participants.--The Secretary shall select
States and institutions within those States to
participate in the demonstration program under this
paragraph that are participating in the programs under
this title and that are willing to make final financial
aid awards to students based on their application
information from the year prior to the year prior to
enrollment. The Secretary shall also select as
participants in the demonstration program secondary
schools and dependent students that are located in the
participating States.
``(D) Application process.--The Secretary shall
insure that the following provisions are included in
the demonstration program:
``(i) Participating States and institutions
shall--
``(I) encourage participating
students to apply for estimates of
financial aid awards as provided under
this title in such students' junior
year of secondary school, or in the
academic year that is 2 years prior to
such students' intended year of
enrollment at an institution of higher
education, using the most recent
information available; and
``(II) make final financial aid
awards to participating students based
on the updated information contained on
a form submitted using the process
described in paragraph (5).
``(ii) Financial aid administrators at
participating institutions shall be allowed to
use their discretion in awarding financial aid
to participating students, as outlined under
section 479A and section 480(d)(7).
``(E) Evaluation.--The Secretary shall conduct a
rigorous evaluation of this demonstration program in
order to measure its benefits and adverse effects as
indicated under subparagraph (A).
``(F) Outreach.--The Secretary shall make
appropriate efforts in order to notify States of the
demonstration program under this paragraph. Upon
determination of participating States, the Secretary
shall continue to make efforts to notify institutions
and dependent students within participating States of
the opportunity to participate in the demonstration
program and of the participation requirements.
``(G) Consultation.--The Secretary shall consult
with the Advisory Committee on Student Financial
Assistance, established under section 491, on the
design and implementation of the demonstration program
and on the evaluation described in subparagraph (E).'';
(3) by striking subsection (b); and
(4) by redesignating subsections (c), (d), and (e) as
subsections (b), (c), and (d), respectively.
(b) Master Calendar.--Section 482(a)(1) (20 U.S.C. 1089(a)(1)) is
amended by striking subparagraphs (B) and (C) and inserting the
following:
``(B) by March 1: proposed modifications, updates,
and notices pursuant to sections 478 and 483(a)(6)
published in the Federal Register;
``(C) by June 1: final modifications, updates, and
notices pursuant to sections 478 and 483(a)(6)
published in the Federal Register;''.
(c) Model Institution Financial Aid Offer Form.--
(1) Report and model format.--Not later than 1 year after
the date of enactment of the College Opportunity and
Affordability Act of 2008, the Secretary shall--
(A) prepare a report on the adequacy of the
financial aid offer forms provided by institutions of
higher education to students and the parents of such
students, after consulting with--
(i) students;
(ii) parents of students;
(iii) representatives of institutions of
higher education (including financial aid
administrators, registrars, and business
officers); and
(iv) consumer groups that receive no
commercial or institution of higher education
support;
(B) include in the report a model format for
financial aid offer forms that--
(i) is based on the report's findings; and
(ii) includes the information described in
paragraph (2); and
(C)(i) submit the report and model format to the
authorizing committees (as defined in section 103 of
the Higher Education Act of 1965 (20 U.S.C. 1003); and
(ii) make the report and model format available to
institutions of higher education, lenders, and the
public.
(2) Model format contents.--The model financial aid offer
format developed under paragraph (1) shall present, in a
consumer-friendly manner, the following information:
(A) The student's cost of attendance for the year
for which the institution of higher education is
issuing the financial aid offer form, including the
actual or estimated costs included in the cost of
attendance for such year for each of the following:
(i) Tuition and fees.
(ii) Room and board costs.
(iii) Books and supplies.
(iv) Transportation.
(B) The amount of financial aid that the student
does not have to repay, such as scholarships and
grants, offered to the student for such year.
(C) The conditions under which the financial aid
described in subparagraph (B) is renewable each year.
(D) The amount of work-study assistance offered to
the student for such year, and the conditions under
which the student has to fulfill the work-study
assistance.
(E) The types and amounts of loans under part B, D,
or E of title IV for which the student is eligible for
such year, and the interest rate, loan term, monthly
repayment amount, and total repayment amount of each
such loan.
(F) The types and amounts of loans under 428B or
Federal Direct PLUS loans under section 455 for which a
parent of the student is eligible for such year, and
the interest rate, loan term, monthly repayment amount,
and total repayment amount of each such loan.
(G) The net amount that the student or the
student's parent will have to pay to attend the
institution for such year, which amount shall be the
difference between--
(i) the cost of attendance for the student
for such year; less
(ii) the amount of financial aid offered by
the covered institution in the financial aid
offer form.
(H) Where a student or the student's parent can
seek additional information regarding the financial aid
offered.
(I) Any other information the Secretary determines
necessary so that students and parents can make
informed student loan borrowing decisions.
SEC. 483. INCREASING ACCESS TO TECHNOLOGY.
Section 483 (20 U.S.C. 1087ss) is further amended by adding at the
end the following:
``(e) Addressing the Digital Divide.--The Secretary shall utilize
savings accrued by moving more applicants to the electronic forms
described in subsection (a)(4) to improve access to the electronic
forms described in subsection (a)(4) for applicants meeting the
requirements of section 479(b) or (c).''.
SEC. 484. SENSE OF THE CONGRESS.
It is the sense of the Congress that--
(1) in order to simplify the Free Application for Federal
Student Aid (FAFSA), which serves as an entry point for the
scholarships, grants, loans, and work-study assistance that
make it possible for millions of students to attend college,
the Secretary of Education and the Secretary of the Treasury
should work together to develop a process by which the
Department of Education will, with the aid applicant's
permission, draw income information directly from the Internal
Revenue Service for the purpose of completing the EZ FAFSA, the
FAFSA, and FAFSA renewal applications and providing early
estimates of aid eligibility; and
(2) this process would--
(A) ease the burden of reporting income-related
information for applicants;
(B) increase the efficiency, accuracy, and security
of the FAFSA filing process;
(C) significantly reduce the need for further
verification by the Department of Education,
institutions, and applicants; and
(D) protect the security, privacy, and safety of
all data used in the FAFSA filing process.
SEC. 485. STUDENT ELIGIBILITY.
(a) Amendments.--Section 484 (20 U.S.C. 1091) is amended--
(1) in subsection (a)--
(A) in paragraph (4)(B), by striking ``the Republic
of the Marshall Islands, the Federated States of
Micronesia, or''; and
(B) in paragraph (5), by striking ``a citizen of
any one of the Freely Associated States'' and inserting
``or, to the extent described in subsection (j), a
citizen of the Republic of Palau'';
(2) by amending subsection (j) to read as follows:
``(j) Assistance Under Subpart 1 of Part A for Students From
Palau.--Notwithstanding any other provision of law, a student shall be
eligible until September 30, 2009, for assistance under subpart 1 of
part A if the student is otherwise qualified and--
``(1) is a citizen of the Republic of Palau and attends an
institution of higher education in a State or a public or
nonprofit private institution of higher education in the Freely
Associated States; or
``(2) meets the requirements of subsection (a)(5) and
attends a public or nonprofit private institution of higher
education in any one of the Freely Associated States.'';
(3) by striking subsection (l) and inserting the following:
``(l) Courses Offered Through Distance Education.--
``(1) Relation to correspondence courses.--
``(A) In general.--A student enrolled in a course
of instruction at an institution of higher education
that is offered principally through distance education
and leads to a recognized certificate, or associate,
baccalaureate, or graduate degree, conferred by such
institution, shall not be considered to be enrolled in
correspondence courses.
``(B) Exception.--An institution of higher
education referred to in subparagraph (A) shall not
include an institution or school described in section
3(3)(C) of the Carl D. Perkins Career and Technical
Education Act of 2006.
``(2) Restriction or reductions of financial aid.--A
student's eligibility to receive grants, loans, or work
assistance under this title shall be reduced if a financial aid
officer determines under the discretionary authority provided
in section 479A that distance education results in a
substantially reduced cost of attendance to such student.
``(3) Special rule.--For award years prior to July 1, 2008,
the Secretary shall not take any compliance, disallowance,
penalty, or other action against a student or an eligible
institution when such action arises out of such institution's
prior award of student assistance under this title if the
institution demonstrates to the satisfaction of the Secretary
that its course of instruction would have been in conformance
with the requirements of this subsection.'';
(4) in subsection (r)(2)--
(A) in subparagraph (A), by striking ``or'' at the
end of clause (ii);
(B) by redesignating subparagraph (B) as
subparagraph (C); and
(C) by inserting after subparagraph (A) the
following new subparagraph:
``(B) the student successfully passes two
unannounced drug tests conducted by a drug
rehabilitation program that complies with such criteria
as the Secretary shall prescribe in regulations for
purposes of subparagraph (A)(i); or''; and
(5) by adding at the end the following:
``(s) Students With Intellectual Disabilities.--
``(1) In general.--Notwithstanding subsections (a), (c),
and (d), in order to receive any grant or work assistance under
section 401, subpart 3 of part A, and part C of this title, a
student with an intellectual disability (as defined in section
768(2)) shall--
``(A) be enrolled or accepted for enrollment in a
comprehensive transition and postsecondary education
program for students with intellectual disabilities at
an institution of higher education;
``(B) be maintaining satisfactory progress in the
program as determined by the institution, in accordance
with standards established by the institution; and
``(C) meet the requirements of paragraphs (3), (4),
(5), and (6) of subsection (a).
``(2) Authority.--Notwithstanding any other provision of
law, unless enacted with specific reference to this section,
the Secretary is authorized to waive any statutory provision
applicable to the student financial assistance programs under
section 401, subpart 3 of part A, or part C of this title, or
any institutional eligibility provisions of this title, as the
Secretary deems necessary to ensure that programs enrolling
students with intellectual disabilities otherwise determined to
be eligible under this subsection may receive such financial
assistance.
``(3) Regulations.--Notwithstanding regulations applicable
to grant or work assistance awards made under section 401 of
part A, subpart 3 of part A, and part C of this title,
including with respect to eligible programs, instructional
time, credit status, and enrollment status as described in
section 481, the Secretary shall promulgate regulations
allowing programs enrolling students with intellectual
disabilities otherwise determined to be eligible under this
subsection to receive such awards.
``(t) Data Analysis on Access to Federal Student Aid For Certain
Populations.--
``(1) Development of the system.--Within one year of
enactment of the College Opportunity and Affordability Act of
2008, the Secretary shall, in consultation with the Central
Processing System, analyze data from the FAFSA containing
information regarding the number, characteristics, and
circumstances of students denied Federal student aid based on a
drug conviction while receiving Federal aid.
``(2) Results from analysis.--The results from the analysis
of such information shall be made available on a continuous
basis via the Department of Education website and the Digest of
Education and Statistics.
``(3) Data updating.--The data analyzed under this
subsection shall be updated at the beginning of each award year
and at least one additional time during such award year.
``(4) Report to congress.--The Secretary shall prepare and
submit to the authorizing committees of the Congress, in each
fiscal year, a report describing the results obtained by the
establishment and operation of the data system authorized by
this subsection.''.
(b) Effective Date.--The amendments made by this section shall take
affect on July 1, 2009.
SEC. 486. ASSESSMENT OF COSTS AND OTHER CHARGES.
Section 484A(b) (20 U.S.C. 1091a(b)) is amended--
(1) by striking ``and'' at the end of paragraph (1);
(2) by striking the period at the end of paragraph (2) and
inserting ``; and''; and
(3) by adding at the end the following new paragraph:
``(3) in collecting any obligation arising from a loan made
under part E of this title, an institution of higher education
that has an agreement with the Secretary pursuant to section
463(a) shall not be subject to a defense raised by any borrower
based on a claim of infancy.''.
SEC. 487. READMISSION REQUIREMENTS FOR SERVICEMEMBERS.
Section 484B(a)(2) (20 U.S.C. 1091b(a)(2)) is amended by adding at
the end the following new subparagraph:
``(C) Readmission requirements for
servicemembers.--Any institution of higher education
that requires any student--
``(i) who is a member of the Armed Forces
of the United States, or a member of such Armed
Forces in a retired status, including members
of the National Guard or other reserve
component,
``(ii) who is on active duty, or is called
or ordered to active duty (as defined in
section 481(d)), and
``(iii) whose attendance at such
institution is interrupted by such active duty,
to apply for readmission to such institution of higher
education after the conclusion of such active duty
shall submit to the Secretary a statement justifying
such requirement.''.
SEC. 488. INSTITUTIONAL AND FINANCIAL ASSISTANCE INFORMATION FOR
STUDENTS.
(a) Disclosure of Policies.--Section 485(a) (20 U.S.C. 1092(a)) is
amended--
(1) in paragraph (1)--
(A) in subparagraph (G), by striking ``program,
and'';
(B) by striking ``and'' at the end of subparagraph
(N);
(C) by striking the period at the end of
subparagraph (O) and inserting a semicolon; and
(D) by adding at the end the following new
subparagraphs:
``(P) institutional policies and sanctions related
to copyright infringement, including--
``(i) an annual disclosure that explicitly
informs students that unauthorized distribution
of copyrighted material, including unauthorized
peer-to-peer file sharing, may subject the
students to civil and criminal liabilities;
``(ii) a summary of the penalties for
violation of Federal copyright laws;
``(iii) a description of the institution's
policies with respect to unauthorized peer-to-
peer file sharing, including disciplinary
actions that are taken against students who
engage in unauthorized distribution of
copyrighted materials using the institution's
information technology system; and
``(iv) a description of actions that the
institution takes to prevent and detect
unauthorized distribution of copyrighted
material on the institution's information
technology system; and
``(Q) institutional policies regarding meningoccal
vaccinations which may include offering the
vaccinations through the institution at a cost to the
student.''; and
(2) by amending paragraph (4) to read as follows:
``(4) For purposes of this section, institutions may--
``(A) exclude from the information disclosed in
accordance with subparagraph (L) of paragraph (1) the
completion or graduation rates of students who leave
school to serve in the Armed Forces, on official church
missions, or with a recognized foreign aid service of
the Federal Government; or
``(B) in cases in which the students described in
subparagraph (A) represent 20 percent or more of the
certificate- or degree-seeking, full-time,
undergraduate students at an institution, the
institution may recalculate the completion or
graduation rates of such students by excluding from the
calculation described in paragraph (3) the time period
during which such students were not enrolled due to the
service described in subparagraph (A) of this
paragraph.''.
(b) Criminal Offenses Reported.--Section 485(f)(1) (20 U.S.C.
1092(f)(1)) is amended--
(1) in the matter preceding subparagraph (A), by inserting
``, other than a foreign institution of higher education,''
after ``under this title'';
(2) in subparagraph (C), by striking clauses (i) and (ii)
and inserting the following:
``(i) the law enforcement authority of
campus security personnel;
``(ii) the working relationship of campus
security personnel with State and local law
enforcement agencies, including whether or not
the institution has a written agreement, such
as a memorandum of understanding, with such
agencies;
``(iii) the institution's plan, which shall
address coordination with State and local law
enforcement agencies, for the investigation
of--
``(I) any felony described in
subparagraph (F) of this paragraph
occurring in the areas described in
subparagraphs (A) through (D) of
paragraph (12) of this subsection; and
``(II) a report of a missing
student; and
``(iv) policies which encourage accurate
and prompt reporting of all crimes to the
campus police and the appropriate police
agencies;'';
(3) in subparagraph (F)(ii), by inserting after ``through
(VIII) of clause (I)'' the following: ``, and for larceny-
theft, simple assault, intimidation, and destruction, damage,
or vandalism of property,''; and
(4) by adding at the end the following new subparagraph:
``(J) A statement of current campus policies
regarding immediate emergency response and evacuation
procedures, including the use of electronic and
cellular communication (if appropriate), which shall
include procedures--
``(i) to notify the campus community in not
more than 30 minutes in the event of a
significant emergency or dangerous situation,
involving an immediate threat to the health or
safety of students or staff, occurring on the
campus, in or on noncampus buildings or
property, and on public property;
``(ii) to publicize emergency response and
evacuation procedures on an annual basis in a
manner designed to reach students and staff;
and
``(iii) to test emergency response and
evacuation procedures on an annual basis.''.
(c) Additional Amendment.--Section 485(f) is further amended--
(1) by redesignating paragraph (15) as paragraph (18); and
(2) by inserting after paragraph (14) the following:
``(15) Compliance report.--The Secretary shall annually
report to the authorizing committees regarding compliance with
this subsection by institutions of higher education, including
an up-to-date report on the Secretary's monitoring of such
compliance.
``(16) Best practices.--The Secretary may seek the advice
and counsel of the Attorney General concerning the development,
and dissemination to institutions of higher education, of best
practices information about campus safety and emergencies.
``(17) Retaliation prohibited.--No participating
institution or officer, employee, or agent of the institution
shall intimidate, threaten, coerce, or otherwise discriminate
against any individual for the purpose of interfering with the
implementation of any provision of this subsection, or any
rights or privileges accorded under this subsection, or because
the individual has complained, testified, assisted, or
otherwise participated in any aspect of an investigation,
proceeding, or hearing.''.
(d) Additional Requirements.--Section 485 (20 U.S.C. 1092) is
amended by adding at the end the following new subsections:
``(h) Transfer of Credit Policies.--
``(1) Disclosure.--Each institution of higher education
participating in any program under this title shall publicly
disclose in a readable and comprehensible manner the transfer
of credit policies established by the institution which shall
include a statement of the institution's current transfer of
credit policies that includes, at a minimum--
``(A) any established criteria the institution uses
regarding the transfer of credit earned at another
institution of higher education; and
``(B) a list of institutions of higher education
with which the institution has established an
articulation agreement.
``(2) Rule of construction.--Nothing in this subsection
shall be construed to--
``(A) authorize the Secretary or the National
Advisory Committee on Institutional Quality and
Integrity to require particular policies, procedures,
or practices by institutions of higher education with
respect to transfer of credit;
``(B) authorize an officer or employee of the
Department to exercise any direction, supervision, or
control over the curriculum, program of instruction,
administration, or personnel of any institution of
higher education, or over any accrediting agency or
association;
``(C) limit the application of the General
Education Provisions Act; or
``(D) create any legally enforceable right on the
part of a student to require an institution of higher
education to accept a transfer of credit from another
institution.
``(i) Disclosure of Fire Safety Standards and Measures.--
``(1) Annual fire safety reports on student housing
required.--Each eligible institution participating in any
program under this title that maintains on-campus student
housing facilities shall, on an annual basis, publish a fire
safety report, which shall contain information with respect to
the campus fire safety practices and standards of that
institution, including--
``(A) statistics concerning the following in each
on-campus student housing facility during the most
recent calendar years for which data are available:
``(i) the number of fires and the cause of
each fire;
``(ii) the number of injuries related to a
fire that result in treatment at a medical
facility;
``(iii) the number of deaths related to a
fire; and
``(iv) the value of property damage caused
by a fire;
``(B) a description of each on-campus student
housing facility fire safety system, including the fire
sprinkler system;
``(C) the number of regular mandatory supervised
fire drills;
``(D) policies or rules on portable electrical
appliances, smoking, and open flames (such as candles),
procedures for evacuation, and policies regarding fire
safety education and training programs provided to
students, faculty, and staff; and
``(E) plans for future improvements in fire safety,
if determined necessary by such institution.
``(2) Report to the secretary.--Each eligible institution
participating in any program under this title shall, on an
annual basis submit to the Secretary a copy of the statistics
required to be made available under subparagraph (A).
``(3) Current information to campus community.--Each
institution participating in any program under this title
shall--
``(A) make, keep, and maintain a log, recording all
fires in on-campus student housing facilities,
including the nature, date, time, and general location
of each fire; and
``(B) make annual reports to the campus community
on such fires.
``(4) Responsibilities of the secretary.--The Secretary
shall--
``(A) make such statistics submitted to the
Secretary available to the public; and
``(B) in coordination with nationally recognized
fire organizations and representatives of institutions
of higher education, representatives of associations of
institutions of higher education, and other
organizations that represent and house a significant
number of students--
``(i) identify exemplary fire safety
policies, procedures, programs, and practices;
``(ii) disseminate information to the
Administrator of the United States Fire
Administration;
``(iii) make available to the public
information concerning those policies,
procedures, programs, and practices that have
proven effective in the reduction of fires; and
``(iv) develop a protocol for institutions
to review the status of their fire safety
systems.
``(5) Rules of construction.--Nothing in this subsection
shall be construed to--
``(A) authorize the Secretary to require particular
policies, procedures, programs, or practices by
institutions of higher education with respect to fire
safety, other than with respect to the collection,
reporting, and dissemination of information required by
this subsection;
``(B) affect the Family Educational Rights and
Privacy Act of 1974 or the regulations issued under
section 264 of the Health Insurance Portability and
Accountability Act of 1996 (42 U.S.C. 1320d-2 note);
``(C) create a cause of action against any
institution of higher education or any employee of such
an institution for any civil liability; or
``(D) establish any standard of care.
``(6) Compliance report.--The Secretary shall annually
report to the authorizing committees regarding compliance with
this subsection by institutions of higher education, including
an up-to-date report on the Secretary's monitoring of such
compliance.
``(7) Evidence.--Notwithstanding any other provision of
law, evidence regarding compliance or noncompliance with this
subsection shall not be admissible as evidence in any
proceeding of any court, agency, board, or other entity, except
with respect to an action to enforce this subsection.
``(8) Retaliation prohibited.--No participating institution
or officer, employee, or agent of the institution shall
intimidate, threaten, coerce, or otherwise discriminate against
any individual for the purpose of interfering with the
implementation of any provision of this subsection, or any
rights or privileges accorded under this subsection, or because
the individual has complained, testified, assisted, or
otherwise participated in any aspect of an investigation,
proceeding, or hearing.
``(j) Missing Person Procedures.--
``(1) Form and protocols.--Each institution of higher
education participating in any program under this title shall--
``(A) include on its form for registration or
enrollment of students an item in which the student can
elect to identify an individual to be notified and
police to be notified by the university within 24 hours
of when a student is reported missing to the
university, and
``(B) establish protocols for missing students
that--
``(i) require any missing person report
relating to any student be referred to the
institution's police or campus security
department; and
``(ii) if, on investigation of the report,
such department determines that the missing
person has been missing for more than 24 hours,
require--
``(I) such department to refer to
the item on the registration document
required under subparagraph (A) and
contact the individual named by the
student in such item; and
``(II) if the student is under 18
years of age, the institution of higher
education to automatically contact the
parents of such student.
``(2) Waiver.--The item required by paragraph (1)(A) shall
explicitly and prominently state that by identifying an
individual to contact in the case of disappearance, the student
waives any right to sue based on Federal or State privacy law
in the event that a missing persons notification is made to the
individual named by such student in such item.
``(3) Additional remedies permitted.--Nothing in this
subsection shall be construed to prevent or discourage an
institution of higher education from taking additional measures
with respect to missing students beyond those required by this
subsection.
``(k) Notice to Students Concerning Penalties for Drug
Violations.--
``(1) Notice upon enrollment.--Each institution of higher
education shall provide to each student, upon enrollment, a
separate, clear, and conspicuous written notice that advises
the student of the penalties under section 484(r).
``(2) Notice after loss of eligibility.--Within two weeks
of notification by the Secretary that a student has lost
eligibility under section 484(r) for any grant, loan, or work
assistance, an institution of higher education shall provide to
each such student affected by the penalties listed under
484(r)(1) a separate, clear, and conspicuous written notice
that notifies the student of the loss of eligibility and
advises the student of the ways in which the student can regain
eligibility under section 484(r)(2).''.
(e) Disclosure of Athletically Related Graduation Rates.--Section
485(e)(3) (20 U.S.C. 1092(e)(3)) is amended to read as follows:
``(3) For purposes of this subsection, institutions may--
``(A) exclude from the reporting requirements under
paragraphs (1) and (2) the completion or graduation
rates of students and student athletes who leave school
to serve in the Armed Forces, on official church
missions, or with a recognized foreign aid service of
the Federal Government; or
``(B) in cases in which the students described in
subparagraph (A) represent 20 percent or more of the
certificate- or degree-seeking, full-time,
undergraduate students at an institution, the
institution may calculate the completion or graduation
rates of such students by excluding from the
calculations described in paragraph (1) the time period
during which such students were not enrolled due to the
service described in subparagraph (A) of this
paragraph.''.
SEC. 489. ARTICULATION AGREEMENTS.
Part G of title IV is amended by inserting after section 486 (20
U.S.C. 1093) the following new section:
``SEC. 486A. ARTICULATION AGREEMENTS.
``(a) Program To Encourage Articulation Agreements.--
``(1) Program established.--The Secretary shall carry out a
program for States, in cooperation with public institutions of
higher education, to develop, enhance, and implement
comprehensive articulation agreements among such institutions
in a State, and (to the extent practicable) across State lines,
by 2010. Such articulation agreements shall be made widely and
publicly available on the websites of States and institutions.
In developing, enhancing, and implementing articulation
agreements, States and public institutions of higher education
may employ strategies, where applicable, including--
``(A) common course numbering;
``(B) a general education core curriculum;
``(C) management systems regarding course
equivalency, transfer of credit, and articulation; and
``(D) other strategies identified by the Secretary.
``(2) Technical assistance provided.--The Secretary shall
provide technical assistance to States and institutions of
higher education for the purposes of developing and
implementing articulation agreements in accordance with this
subsection.
``(3) Rule of construction.--Nothing in this subsection
shall be construed to authorize the Secretary to require
particular policies, procedures, or practices by institutions
of higher education with respect to articulation agreements.
``(b) Study Required.--The Secretary shall conduct a study to
review the articulation agreements at State-based college and
university systems, including junior or community colleges, as well as
those at other institutions of higher education. Such study shall
consider--
``(1) the extent to which States and institutions have
developed and implemented articulation agreements;
``(2) with respect to the articulation agreements
developed--
``(A) the number and types of institutions
participating the programs offered;
``(B) the cost-savings to the participating
institutions and to the students;
``(C) what strategies are being employed, including
common course numbering, general education core
curriculum, and management systems;
``(D) the effective use of technologies to contain
costs, maintain quality of instruction, and inform
students; and
``(E) a description of the students to whom the
articulation agreements are offered and, to the extent
practicable, a description of the students who take
advantage of the articulation agreements;
``(3) best practices and innovative strategies employed to
implement effective articulation agreements; and
``(4) barriers to the implementation of articulation
agreements, including technological and informational barriers.
``(c) Report.--The Secretary shall submit to the authorizing
committees an interim report on the study required by this section not
later than 2 years after the date of enactment of the College
Opportunity and Affordability Act of 2008 and a final report on such
study not later than January 1, 2013.
``(d) Definition.--In this section, the term `articulation
agreement' means an agreement between institutions of higher education
that specifies the acceptability of courses in transfer toward meeting
specific degree or program requirements.''.
SEC. 490. PROGRAM PARTICIPATION AGREEMENTS.
(a) Additional Requirements.--Section 487(a) (20 U.S.C. 1094(a)) is
amended--
(1) by adding at the end of paragraph (23) the following
new subparagraph:
``(D) The institution shall be considered in compliance
with the requirements of subparagraph (A) for each student to
whom the institution electronically transmits a message
containing a voter registration form acceptable for use in the
State in which the institution is located, or an Internet
address where such a form can be downloaded, provided such
information is in an electronic message devoted exclusively to
voter registration.''; and
(2) by adding at the end the following new paragraphs:
``(24)(A) A covered institution that has entered into a
preferred lender arrangement will compile, maintain, and make
available for students attending the institution (or the
parents of such students) a list, in print or any other medium,
of the specific lenders for educational loans that the
institution recommends, promotes, or endorses in accordance
with such preferred lender arrangement. In compiling,
maintaining, and making available such list, the institution
will--
``(i) clearly and fully disclose on such list--
``(I) no less than the information required
to be disclosed in the model disclosure form,
or updated model disclosure form, required
under section 153;
``(II) why the institution has entered into
a preferred lender arrangement with each listed
lender, particularly with respect to terms and
conditions favorable to the borrower; and
``(III) that the students attending the
institution (or the parents of such students)
do not have to borrow from a listed lender;
``(ii) ensure, through the use of the list provided
by the Secretary under subparagraph (B), that--
``(I) there are not less than 3 lenders of
loans made under part B that are not affiliates
of each other included on such list and, if the
institution recommends, promotes, or endorses
private educational loans, there are not less
than 2 lenders of private educational loans
that are not affiliates of each other included
on such list;
``(II) the list under this subparagraph--
``(aa) specifically indicates, for
each listed lender, whether the lender
is or is not an affiliate of each other
lender on the list; and
``(bb) if a lender is an affiliate
of another lender on the list,
describes the details of such
affiliation;
``(iii) prominently disclose the method and
criteria used by the institution in selecting lenders
with which to enter into preferred lender arrangements
to ensure that such lenders are selected on the basis
of the benefits provided to borrowers, including--
``(I) highly competitive interest rates,
terms, or conditions of Federal and private
educational loans;
``(II) high-quality servicing for such
loans; or
``(III) additional benefits beyond the
standard terms and conditions for such loans;
``(iv) exercise a duty of care and a duty of
loyalty to compile the list under this subparagraph
without prejudice and for the sole benefit of the
students attending the institution (or the parents of
such students);
``(v) not deny or otherwise impede the borrower's
choice of a lender or cause unnecessary delays in loan
certification under this title for those borrowers who
choose a lender that has not been recommended,
promoted, or endorsed by the institution; and
``(vi) comply with such other requirements as the
Secretary may prescribe by regulation.
``(B) The Secretary shall maintain and update a list of
lender affiliates of all eligible lenders, and shall provide
such list to the institutions for use in carrying out
subparagraph (A).
``(C) For the purposes of subparagraph (A)--
``(i) the term `affiliate' means a person that
controls, is controlled by, or is under common control
with another person;
``(ii) a person controls, is controlled by, or is
under common control with another person if--
``(I) the person directly or indirectly, or
acting through 1 or more others, owns,
controls, or has the power to vote 5 percent or
more of any class of voting securities of such
other person;
``(II) the person controls, in any manner,
the election of a majority of the directors or
trustees of such other person; or
``(III) the Secretary determines (after
notice and opportunity for a hearing) that the
person directly or indirectly exercises a
controlling interest over the management or
policies of such other person;
``(iii) the term `preferred lender arrangement' has
the meaning provided in section 151; and
``(iv) the term `educational loans' has the meaning
provided in section 151, except that such term does not
include loans under section 499(b) or under parts D or
E of this title.
``(25) The institution will submit to the Secretary
annually, in such form as the Secretary may prescribe, data
on--
``(A) the number and percentage of students taking
classes in whole or in part on-line or through distance
education;
``(B) of such students, the number and percentage
of those taking their classes exclusively on-line or
through distance education; and
``(C) the number and percentage of courses offered
by the institution that are offered on-line or through
distance education.''.
(b) Reports on Disciplinary Proceedings.--
(1) Amendment.--Section 487(a) (20 U.S.C. 1094(a)) is
further amended by adding after paragraph (25), as added by
subsection (a) of this section, the following new paragraph:
``(26) The institution will, upon request, disclose to the
alleged victim of any crime of violence (as that term is
defined in section 16 of title 18), or a nonforcible sex
offense, the final results of any disciplinary proceeding
conducted by such institution against a student who is the
alleged perpetrator of such crime or offense with respect to
such crime or offense. If the alleged victim of such crime or
offense is deceased, the next of kin of such victim shall be
treated as the alleged victim for purposes of this
paragraph.''.
(2) Effective date.--The amendment made by paragraph (1)
shall apply with respect to any disciplinary proceeding
conducted by such institution on or after one year after the
date of enactment of this Act.
(c) Enforcing the 90/10 Rule.--
(1) Amendment.--Section 487(a) (20 U.S.C. 1094(a)) is
further amended by adding at the end the following new
paragraph:
``(27) A proprietary institution of higher education (as
defined in section 102(b)) will, as calculated in accordance
with subsection (f)(1) of this section, have not less than 10
percent of its revenues from sources other than funds provided
under this title, or will be subject to the sanctions described
in subsection (f)(2) of this section.''.
(2) Implementation.--Section 487 is further amended by
adding at the end the following new subsection:
``(f) Implementation of Non-Title IV Revenue Requirement.--
``(1) Calculation.--In carrying out subsection (a)(27), a
proprietary institution of higher education shall--
``(A) use the cash basis of accounting;
``(B) consider as revenue only those funds
generated by the institution from--
``(i) tuition, fees, and other
institutional charges for students enrolled in
programs eligible for assistance under this
title;
``(ii) activities conducted by the
institution, to the extent not included in
tuition, fees, and other institutional charges,
that are necessary for the education or
training of its students who are enrolled in
programs eligible for assistance under this
title, if such activities are--
``(I) conducted on campus or at a
facility under the control of the
institution;
``(II) performed under the
supervision of a member of the
institution's faculty; and
``(III) required to be performed by
all students in a specific educational
program at the institution; and
``(iii) funds paid by a student, or on
behalf of a student by a party other than the
institution, for an education or training
program that is not eligible for funds under
this title, provided that the program is
approved or licensed by the appropriate State
agency and is accredited by an accrediting
agency recognized by the Secretary;
``(C) presume that any title IV program funds
disbursed or delivered to or on behalf of a student
will be used to pay the student's tuition, fees, or
other institutional charges, regardless of whether the
institution credits those funds to the student's
account or pays those funds directly to the student,
except to the extent that the student's tuition, fees,
or other institutional charges are satisfied by--
``(i) grant funds provided by non-Federal
public agencies or private sources independent
of the institution;
``(ii) funds provided under a contractual
arrangement with Federal, State, or local
government agencies for the purpose of
providing job training to low-income
individuals who are in need of that training;
or
``(iii) funds used by a student from
savings plans for educational expenses
established by or on behalf of the student and
which qualify for special tax treatment under
the Internal Revenue Code of 1986, provided
that the institution can reasonable demonstrate
such funds were used to pay the student's
tuition, fees, or other institutional charges;
``(D) include institutional aid as revenue to the
school only as follows:
``(i) in the case of loans made by an
institution, for each of the institution's
fiscal years 2009 through 2012, the principal
amount of loans made by the institution, based
on the expected interest earned less the
estimated amount to account for future defaults
and loan forgiveness accounted for on an
accrual basis, in accordance with Generally
Accepted Accounting Principles and related
standards and guidance, if the loans are bona
fide as evidenced by enforceable promissory
notes, are issued at intervals related to the
institution's enrollment periods, and are
subject to regular loan repayments and
collections;
``(ii) in the case of loans made by an
institution, for the institution's fiscal year
2013 and each of the institution's subsequent
fiscal years, only the amount of loan
repayments received during the fiscal year; and
``(iii) in the case of institutional
scholarships, only those provided by the
institution in the form of monetary aid or
tuition discounts based upon the academic
achievements or financial need of students,
disbursed during the fiscal year from an
established restricted account, and only to the
extent that funds in that account represent
designated funds from an outside source or from
income earned on those funds;
``(E) exclude from revenues--
``(i) the amount of funds it received under
the Federal Work-Study program, unless the
institution used those funds to pay a student's
institutional charges;
``(ii) the amount of funds it received
under the Leveraging Education Assistance
Partnership program;
``(iii) the amount of institutional funds
it used to match title IV program funds;
``(iv) the amount of title IV program funds
that must be refunded or returned; or
``(v) the amount charged for books,
supplies, and equipment unless the institution
includes that amount as tuition, fees, or other
institutional charges.
``(2) Sanctions.--
``(A) An institution that fails to meet the
requirements of subsection (a)(27) for 2 consecutive
fiscal years shall become ineligible to participate in
the programs authorized by this title. To regain
eligibility to participate in the programs authorized
by this title, an institution that loses its
eligibility as a sanction under this subparagraph must
demonstrate compliance with all eligibility
requirements for at least the 3 fiscal years following
the fiscal year the institution became ineligible.
``(B) In addition to such other means of enforcing
the requirements of this title as may be available to
the Secretary, if an institution fails to meet the
requirements of subsection (a)(27) in any fiscal year,
the Secretary shall impose sanctions on the
institution, which shall include--
``(i) placing the institution on
provisional certification in accordance with
section 498(h) until the institution
demonstrates, to the satisfaction of the
Secretary, that it is in compliance with
subsection (a)(27);
``(ii) requiring the institution to provide
to the Secretary satisfactory evidence of its
financial responsibility in accordance with
section 498(c)(3); and
``(iii) requiring such other increased
monitoring and reporting requirements as the
Secretary determines necessary until the
institution demonstrates, to the satisfaction
of the Secretary, that it is in compliance with
subsection (a)(27).
``(3) Publication on college navigator website.--The
Secretary shall publicly disclose the identity of any
institution that fails to meet the requirements of subsection
(a)(27) on the College Navigator website.
``(4) Report to congress.--The Secretary shall annually
submit to the authorizing committees a report that contains,
for each institution subject to the requirement of subsection
(a)(27), the result of the calculation of revenue performed by
each such institution pursuant to such subsection and paragraph
(1) of this subsection.''.
(d) Computer Disposal.--Section 487(a) is further amended by adding
at the end the following new paragraph:
``(28)(A) The institution of higher education will
establish a policy on the disposal or disposition (including
selling, donating, returning upon lease end, or destroying by
recycling), of all technology assets which may have personal
and sensitive data of students. Such policy may include a
forensic scrub that ensures total destruction of data on the
technology assets and include a designated for disposal or
disposition, transfer ownership and liability from that
institution to State and federally approved recyclers or de-
manufacturers of such equipment.
``(B) For purposes of this paragraph, the term `technology
assets' means a computer central processing unit, monitor,
printer, router, server, peripheral devices (such as switches,
hubs, and systems), firewalls, telephones, or other simple
network devices or single piece of information technology
equipment.''.
(e) Commitment to and Notice of Tuition Levels.--
(1) Amendment.--Section 487(a) is further amended by adding
at the end the following new paragraph:
``(29)(A) The institution will provide to each admitted
student considering an undergraduate or graduate program--
``(i) a multi-year tuition and fee schedule; or
``(ii) a single-year tuition and fee schedule, and
nonbinding, multi-year estimate of net costs after all
financial aid is awarded, assuming constant family and
student income, assets, and relevant circumstances.
``(B) Multi-year schedules and estimates required by
subparagraph (A)--
``(i) may include a percentage or dollar increase
or decrease of any size the institution deems
appropriate from one year to the next; and
``(ii) shall indicate, on a year-by-year basis,
costs for the normal duration of the relevant student's
undergraduate or graduate program.
``(C) Institutions that elect a single-year tuition and fee
schedule under subparagraph (A)(ii) shall include with each
multi-year estimate the average deviation, in percentage terms,
between previous year estimates and actual net costs for
students at their institution.
``(D) The Secretary shall waive the requirements of
subparagraph (A), and of the commitment made therender, if the
institution demonstrates to the Secretary that the requirements
of subparagraph (A) are not practicable because of the
occurrence of one or more events causing the institution severe
economic distress, dramatic reduction of State or Federal aid,
or any other circumstance the Secretary deems valid.''.
(2) Effective date.--The amendment made by this subsection
shall be effective on July 1, 2009.
(f) Audits; Financial Responsibility; Enforcement of Standards.--
Section 487(c)(1)(A) (20 U.S.C. 1094(c)(1)(A)) is amended--
(1) in clause (i)--
(A) by striking ``clauses (ii) and (iii)'' and
inserting ``clauses (ii), (iii), and (iv)''; and
(B) by inserting before the semicolon at the end
the following: ``, except that the Secretary may modify
the requirements of this clause with respect to
institutions of higher education that are foreign
institutions, and may waive such requirements with
respect to a foreign institution whose students receive
less than $500,000 in loans under this title during the
award year preceding the audit period'';
(2) in clause (ii), by striking ``or'' after the semicolon;
(3) in clause (iii), by inserting ``or'' after the
semicolon; and
(4) by inserting after clause (iii) the following new
clause:
``(iv) with respect to an eligible institution that
is audited under clause (i), and for which it is
determined through such audit that the percentage of
students enrolled at the institution who were accepted
for enrollment and made eligible for student financial
assistance under this title by way of section 484(d)(2)
exceeds 5 percent of the total enrollment of the
institution for such academic year, an additional
review to confirm that the institution is in compliance
with the regulations prescribed by the Secretary under
section 484(d);''.
(f) Institutional Certifications for Private Educational Loans.--
Section 487(a) is further amended by adding at the end the following
new paragraph:
``(29)(A) The institution will--
``(i) upon the request of a private
educational lender, acting in connection with
an application initiated by a consumer for a
private educational loan, provide certification
to such private educational lender--
``(I) that the student who
initiated the application for the
private educational loan, or on whose
behalf the application was initiated,
is enrolled or is scheduled to enroll
at the institution;
``(II) of the student's cost of
attendance at the institution as
determined under part F of this title;
and
``(III) of the difference between
the cost of attendance of the
institution and the student's estimated
financial assistance received under
this title and other assistance known
to the institution;
``(ii) disclose a borrower's ability to
select a private educational lender of the
borrower's choice; and
``(iii) inform students about the impact of
a proposed private educational loan on the
students' potential eligibility for other
financial assistance, including Federal
financial assistance under this title.
``(B) For purposes of this paragraph, the terms `private
educational lender' and `private educational loan' have the
meanings given in section 140 of the Truth in Lending Act (15
U.S.C. 1631 et seq.).''.
SEC. 491. REGULATORY RELIEF AND IMPROVEMENT.
Section 487A(b) (20 U.S.C. 1094a(b)) is amended--
(1) by amending paragraph (1) to read as follows:
``(1) In general.--The Secretary shall continue the
voluntary participation of any experimental sites in existence
as of July 1, 2007, unless the Secretary determines that such
site's participation has not been successful in carrying out
the purposes of this section. Any activities approved by the
Secretary prior to such date that have not been successful in
carrying out the purposes of this section shall be discontinued
not later than June 30, 2009.'';
(2) by striking the matter preceding paragraph (2)(A) and
inserting the following:
``(2) Report.--The Secretary shall review and evaluate the
experience of institutions participating as experimental sites
and shall, on a biennial basis, submit a report based on the
review and evaluation to the authorizing committees. Such
report shall include--''; and
(3) in paragraph (3)--
(A) in subparagraph (A)--
(i) by striking ``Upon the submission of
the report required by paragraph (2), the'' and
inserting ``The''; and
(ii) by inserting ``periodically'' after
``authorized to'';
(B) by striking subparagraph (B);
(C) by redesignating subparagraph (C) as
subparagraph (B); and
(D) in subparagraph (B) (as redesignated by
subparagraph (C))--
(i) by inserting ``, including requirements
related to the award process and disbursement
of student financial aid (such as innovative
delivery systems for modular or compressed
courses, or other innovative systems),
verification of student financial aid
application data, entrance and exit interviews,
or other management procedures or processes as
determined in the negotiated rulemaking process
under section 492'' after ``requirements in
this title'';
(ii) by inserting ``(other than an award
rule related to an experiment in modular or
compressed schedules)'' after ``award rules'';
and
(iii) by inserting ``unless the waiver of
such provisions is authorized by another
provision under this title'' before the period
at the end.
SEC. 492. TRANSFER OF ALLOTMENTS.
Section 488 (20 U.S.C. 1095) is amended by striking ``section
413D.'' and inserting ``section 413D or 462 (or both).''.
SEC. 493. ADVISORY COMMITTEE ON STUDENT FINANCIAL ASSISTANCE.
Section 491 (20 U.S.C. 1098) is amended--
(1) in subsection (a)(2)--
(A) in subparagraph (B), by striking ``and'' after
the semicolon;
(B) in subparagraph (C), by striking the period at
the end and inserting a semicolon; and
(C) by adding at the end the following:
``(D) to provide knowledge and understanding of
early intervention programs and make recommendations
that will result in early awareness by low- and
moderate-income students and families of their
eligibility for assistance under this title, and, to
the extent practicable, their eligibility for other
forms of State and institutional need-based student
assistance; and
``(E) to make recommendations that will expand and
improve partnerships among the Federal Government,
States, institutions, and private entities to increase
the awareness and total amount of need-based student
assistance available to low- and moderate-income
students.'';
(2) in subsection (d)--
(A) in paragraph (6), by striking ``, but nothing
in this section shall authorize the committee to
perform such studies, surveys, or analyses'';
(B) in paragraph (8), by striking ``and'' after the
semicolon;
(C) by redesignating paragraph (9) as paragraph
(10); and
(D) by inserting after paragraph (8) the following:
``(9) monitor the adequacy of total need-based aid
available to low- and moderate-income students from all
sources, assess the implications for access and persistence,
and report those implications annually to Congress and the
Secretary; and'';
(3) in subsection (j)(1)--
(A) by inserting ``and simplification'' after
``delivery processes''; and
(B) by striking ``, including the implementation of
a performance-based organization within the Department,
and report to Congress regarding such modernization on
not less than an annual basis''; and
(4) in subsection (k), by striking ``2004'' and inserting
``2011''.
SEC. 494. NEGOTIATED RULEMAKING.
Section 492(b)(1) (20 U.S.C. 1098a(b)(1)) is amended by striking
``from individuals nominated by groups described in subsection (a)(1)''
and inserting ``from individuals who are nominated by groups described
in subsection (a)(1) and who have recognized legitimacy as designated
representatives of major stakeholders, sectors, and constituencies in
the higher education community''.
SEC. 495. TECHNICAL AMENDMENT.
Section 493C(b)(1) (20 U.S.C. 1098e(b)(1)) is amended by striking
``or is already in default''.
SEC. 495A. CAMPUS-BASED DIGITAL THEFT PREVENTION.
Part G of title IV (20 U.S.C. 1088 et seq.) is further amended by
adding at the end the following new section:
``SEC. 494. CAMPUS-BASED DIGITAL THEFT PREVENTION.
``(a) In General.--Each eligible institution participating in any
program under this title shall to the extent practicable--
``(1) make publicly available to their students and
employees, the policies and procedures related to the illegal
downloading and distribution of copyrighted materials required
to be disclosed under section 485(a)(1)(P); and
``(2) develop a plan for offering alternatives to illegal
downloading or peer-to-peer distribution of intellectual
property as well as a plan to explore technology-based
deterrents to prevent such illegal activity.
``(b) Grants.--
``(1) Program authority.--The Secretary may make grants to
institutions of higher education, or consortia of such
institutions, and enter into contracts with such institutions,
consortia, and other organizations, to develop, implement,
operate, improve, and disseminate programs of prevention,
education, and cost-effective technological solutions, to
reduce and eliminate the illegal downloading and distribution
of intellectual property. Such grants or contracts may also be
used for the support of a higher education centers that will
provide training, technical assistance, evaluation,
dissemination, and associated services and assistance to the
higher education community as determined by the Secretary and
institutions of higher education.
``(2) Awards.--Grants and contracts shall be awarded under
paragraph (1) on a competitive basis.
``(3) Applications.--An institution of higher education or
a consortium of such institutions that desires to receive a
grant or contract under paragraph (1) shall submit an
application to the Secretary at such time, in such manner, and
containing or accompanied by such information as the Secretary
may reasonably require by regulation.
``(4) Authorization of appropriations.--There are
authorized to be appropriated to carry out this subsection such
sums as may be necessary for fiscal year 2009 and for each of
the 4 succeeding fiscal years.''.
PART H--PROGRAM INTEGRITY
SEC. 496. RECOGNITION OF ACCREDITING AGENCY OR ASSOCIATION.
(a) Amendments.--Section 496 (20 U.S.C. 1099b) is amended--
(1) in subsection (a)--
(A) in paragraph (4)--
(i) by striking ``(4) such agency'' and
insert ``(4)(A) such agency'';
(ii) by inserting ``and'' after the
semicolon at the end; and
(iii) by adding at the end the following
new subparagraph:
``(B) if such agency or association has or seeks to include
within its scope of recognition the evaluation of the quality
of institutions or programs offering distance education, such
agency or association shall, in addition to meeting the other
requirements of this subpart, demonstrate to the Secretary
that--
``(i) the agency or association's standards
effectively address the quality of an institution's
distance education in the areas identified in paragraph
(5), except that the agency or association shall not be
required to have separate standards, procedures or
policies for the evaluation of distance education
institutions or programs in order to meet the
requirements of this subparagraph, nor shall the agency
or association be required to obtain the approval of
the Secretary to expand its scope of accreditation to
include distance education, provided that the agency or
association notifies the Secretary in writing of the
change in scope; and
``(ii) the agency or association requires an
institution that offers distance education to have
processes through which the institution establishes
that the student who registers in a distance education
course or program is the same student who participates
in and completes the program and receives the academic
credit;'';
(B) in paragraph (5), by amending subparagraph (A)
to read as follows:
``(A) success with respect to student achievement
in relation the institution's mission, which may
include different standards for different institutions
or programs, as established by the institution,
including, as appropriate, consideration of State
licensing examinations, consideration of course
completion, and job placement rates;'';
(C) by striking paragraph (6) and inserting the
following:
``(6) such agency or association shall establish and apply
review procedures throughout the accrediting process, including
evaluation and withdrawal proceedings which comply with due
process procedures that provide for--
``(A) adequate specification of requirements,
including clear and consistent standards for an
institution to be accredited, and deficiencies at the
institution of higher education or program examined;
``(B) an opportunity for a written response by any
such institution to be included, prior to final action,
in the evaluation and withdrawal proceedings;
``(C) upon the written request of an institution,
an opportunity for the institution to appeal any
adverse action, including denial, withdrawal,
suspension, or termination of accreditation, at a
hearing prior to such action becoming final, before an
appeals panel that--
``(i) shall not include current members of
the agency or association's underlying
decision-making body that made the adverse
decision; and
``(ii) is subject to a conflict of interest
policy; and
``(D) the right to representation by counsel for
such an institution during an appeal of the adverse
action;''; and
(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, and any findings made in
connection with the action taken, together with the
official comments of the affected institution; and
``(C) any other adverse action taken with respect
to an institution;
``(9) such agency or association confirms, as a part of the
agency or association's review for accreditation or
reaccreditation, that the institution has transfer of credit
policies--
``(A) that are publicly disclosed; and
``(B) that include a statement of the criteria
established by the institution regarding the transfer
of credit earned at another institution of higher
education;
``(10) such agency or association reviews and takes into
consideration the institution's response in any review or
determination, and includes in any determination a written
statement addressing the institution's response and stating the
basis for such determination, and a copy of the institution's
response; and
``(11) such agency or association shall not make a
determination or take adverse action based upon an unpublished
or undocumented policy, practice, or precedent.'';
(2) in subsection (c)--
(A) in paragraph (1), by inserting ``, including
those regarding distance education'' after ``their
responsibilities'';
(B) by redesignating paragraphs (2) through (6) as
paragraphs (4) through (8); and
(C) by inserting after paragraph (1) (as amended by
subparagraph (A)) the following:
``(2) monitors the growth of programs at institutions that
are experiencing significant enrollment growth;
``(3) requires an institution to submit a teach-out plan
for approval to the accrediting agency upon the occurrence of
any of the following events--
``(A) the Department notifies the accrediting
agency of an action against the institution pursuant to
section 487(d);
``(B) the accrediting agency acts to withdraw,
terminate, or suspend the accreditation of an
institution; and
``(C) the institution notifies the accrediting
agency that the institution intends to cease
operations;'';
(3) in subsection (g), by adding at the end the following:
``Nothing in this section shall be construed to permit the
Secretary to establish any criteria that specifies, defines, or
prescribes the standards that accrediting agencies or
associations shall use to assess any institution's success with
respect to student achievement.''; and
(4) in subsection (o), by adding at the end the following:
``Notwithstanding any other provision of law, the Secretary
shall not promulgate any regulation with respect to subsection
(a)(5).''.
(b) Rule of Construction.--Section 496 is further amended by adding
at the end the following new subsection:
``(p) Rule of Construction.--Nothing in subsection (a)(5) of this
section shall restrict the authority of--
``(1) an accrediting agency or association to set, with the
involvement of its members, and to apply accreditation
standards to institutions or programs that seek review by the
agency or association; or
``(2) an institution to develop and use institutional
standards to show its success with respect to student
achievement, which shall be considered as part of any
accreditation review.''.
(c) Additional Amendment.--Section 496(a)(4)(A) as amended by
subsection (a) is further amended by inserting after ``consistently
applies and enforces standards'' the following: ``that respect the
stated mission of the institution of higher education, including
religious missions, and''.
SEC. 497. ACCREDITATION OMBUDSMAN.
Subpart 2 of part H of title IV is amended by inserting after
section 496 (20 U.S.C. 1099b) the following new section:
``SEC. 497. ACCREDITATION OMBUDSMAN.
``(a) Appointment.--The Assistant Secretary for Postsecondary
Education, in consultation with the Secretary, shall appoint an
Accreditation Ombudsman to provide timely assistance to institutions of
higher education, accrediting agencies and associations, and other
participants in the accreditation process who may have grievances
related to the functions described in subsection (c).
``(b) Public Information.--The Assistant Secretary for
Postsecondary Education shall disseminate information about the
availability and functions of the Ombudsman to institutions of higher
education, accrediting agencies and associations, and other
participants in the accreditation process.
``(c) Functions of Ombudsman.--The Ombudsman appointed under this
section shall--
``(1) in accordance with regulations of the Secretary,
receive, review, and attempt to resolve complaints from
institutions of higher education, accrediting agencies and
associations, and other participants in the accreditation
process described in subsection (a), including, as appropriate,
attempts to resolve such complaints within the Department of
Education and with institutions of higher education,
accreditation agencies and associations, and other participants
in title IV programs; and
``(2) compile and analyze data on institutions of higher
education and accrediting agency and association complaints and
make appropriate recommendations.
``(d) Report.--Each year, the Ombudsman shall submit a report to
the Assistant Secretary for Postsecondary Education, for inclusion in
the annual report under section 114, that describes the activities, and
evaluates the effectiveness of the Ombudsman during the preceding
year.''.
SEC. 498. PROGRAM REVIEW AND DATA.
Section 498A(b) (20 U.S.C. 1099c-1(b)) is amended--
(1) by striking ``and'' at the end of paragraph (4);
(2) by striking the period at the end of paragraph (5) and
inserting a semicolon; and
(3) by adding at the end the following new paragraphs:
``(6) provide the institution adequate opportunity to
review and respond to any program review report or audit
finding before any final program review or audit determination
is reached, including access to any and all workpapers, notes,
documentation, records, or other information relating to the
program review report or audit finding;
``(7) review and take into consideration the institution's
response in any final program review or audit determination,
and include in the final determination a written statement
addressing the institution's response and stating the basis for
such final determination, and a copy of the institution's
response; and
``(8) maintain and preserve at all times the
confidentiality of any program review report until the
requirements of paragraphs (6) and (7) are met, and until a
final program review determination has been issued.''.
SEC. 499. COMPETITIVE LOAN AUCTION PILOT PROGRAM EVALUATION.
Section 499 (as added by section 701 of the College Cost Reduction
and Access Act of 2007) is amended by adding at the end the following
new subsections:
``(c) Required Initial Evaluation.--The Secretary and Secretary of
the Treasury shall jointly conduct an evaluation, in consultation with
the Office of Management and Budget, the Congressional Budget Office,
and the Comptroller General, of the pilot program carried out by the
Secretary under this section. The evaluation shall determine--
``(1) the extent of the savings to the Federal Government
that are generated through the pilot program, compared to the
cost the Federal Government would have incurred in operating
the PLUS loan program under section 428B in the absence of the
pilot program;
``(2) the number of lenders that participated in the pilot
program, and the extent to which the pilot program generated
competition among lenders to participate in the auctions under
the pilot program;
``(3) the number and volume of loans made under the pilot
in each State;
``(4) the effect of the transition to and operation of the
pilot program on the ability of--
``(A) lenders participating in the pilot program to
originate loans made through the pilot program smoothly
and efficiently;
``(B) institutions of higher education
participating in the pilot program to disburse loans
made through the pilot program smoothly and
efficiently; and
``(C) parents to obtain loans made through the
pilot program in a timely and efficient manner;
``(5) the differential impact, if any, of the auction among
the States, including between rural and non-rural States;
``(6) the feasibility of using the mechanism piloted to
operate the other loan programs under part B of this title;
``(7) the feasibility of using other market mechanisms to
operate the loan programs under part B of this title, including
the sale of securities backed by federally owned student loan
assets originated by banks acting as agents of the Federal
Government; and
``(8) the feasibility of a specific alternative market-
based mechanism that will--
``(A) determine lender returns;
``(B) result in reduced Federal costs on a program-
wide basis, on loans made, insured, or guaranteed under
part B of this title, excluding from consideration the
Federal PLUS loans described in section 428B that are
the subject of the competitive loan auction pilot
program under this section;
``(C) include not more than--
``(i) 10 percent of the annual loan volume
under this part B of this title during the
first year of the alternative pilot program;
and
``(ii) 20 percent of the annual loan volume
under this part B of this title during the
subsequent years of the alternative pilot
program;
``(D) permit participation in any alternative
auction-based pilot program on a voluntary basis for
eligible institutions and eligible lenders
participating under part B of this title prior to July
1, 2007; and
``(E) provide for all savings to the United States
Treasury generated by such alternative pilot program to
be distributed to institutions participating under this
section on a basis proportionate to loan volume under
such part for supplemental, need-based financial aid,
except than an institution that is operating as an
eligible lender under section 435(d)(2) shall not be
eligible for any such distribution.
``(d) Reports.--The Secretary and the Secretary of the Treasury
shall submit to the authorizing committees--
``(1) not later than September 1, 2010, a preliminary
report regarding the findings of the evaluation described in
subsection (c);
``(2) not later than September 1, 2012, an interim report
regarding such findings; and
``(3) not later than September 1, 2013, a final report
regarding such findings.
``(e) Independent Evaluation.--The Government Accountability Office
shall conduct an independent evaluation of any auction or auctions
conducted under this section no later than September 1, 2013.''.
TITLE V--TITLE V AMENDMENTS
SEC. 501. POSTBACCALAUREATE OPPORTUNITIES FOR HISPANIC AMERICANS.
(a) Establishment of Program.--Title V is amended--
(1) by redesignating part B as part C;
(2) by redesignating sections 511 through 518 as sections
521 through 528, respectively; and
(3) by inserting after section 505 (20 U.S.C. 1101d) the
following new part:
``PART B--PROMOTING POSTBACCALAUREATE OPPORTUNITIES FOR HISPANIC
AMERICANS
``SEC. 511. PURPOSES.
``The purposes of this part are--
``(1) to expand postbaccalaureate educational opportunities
for, and improve the academic attainment of, Hispanic students;
and
``(2) to expand the postbaccalaureate academic offerings
and enhance the program quality in the institutions that are
educating the majority of Hispanic college students and helping
large numbers of Hispanic and low-income students complete
postsecondary degrees.
``SEC. 512. PROGRAM AUTHORITY AND ELIGIBILITY.
``(a) Program Authorized.--Subject to the availability of funds
appropriated to carry out this part, the Secretary shall award
competitive grants to Hispanic-serving institutions determined by the
Secretary to be making substantive contributions to graduate
educational opportunities for Hispanic students.
``(b) Eligibility.--For the purposes of this part, an `eligible
institution' means an institution of higher education that--
``(1) is an eligible institution under section 502(a)(2);
and
``(2) offers a postbaccalaureate certificate or degree
granting program.
``SEC. 513. AUTHORIZED ACTIVITIES.
``Grants awarded under this part shall be used for one or more of
the following activities:
``(1) Purchase, rental, or lease of scientific or
laboratory equipment for educational purposes, including
instructional and research purposes.
``(2) Construction, maintenance, renovation, and
improvement of classrooms, libraries, laboratories, and other
instructional facilities, including purchase or rental of
telecommunications technology equipment or services.
``(3) Purchase of library books, periodicals, technical and
other scientific journals, microfilm, microfiche, and other
educational materials, including telecommunications program
materials.
``(4) Support for needy postbaccalaureate students
including outreach, academic support services, mentoring,
scholarships, fellowships, and other financial assistance to
permit the enrollment of such students in postbaccalaureate
certificate and degree granting programs.
``(5) Support of faculty exchanges, faculty development,
faculty research, curriculum development, and academic
instruction.
``(6) Creating or improving facilities for Internet or
other distance learning academic instruction capabilities,
including purchase or rental of telecommunications technology
equipment or services.
``(7) Collaboration with other institutions of higher
education to expand postbaccalaureate certificate and degree
offerings.
``(8) Other activities proposed in the application
submitted pursuant to section 514 that--
``(A) contribute to carrying out the purposes of
this part; and
``(B) are approved by the Secretary as part of the
review and acceptance of such application.
``SEC. 514. APPLICATION AND DURATION.
``(a) Application.--Any eligible institution may apply for a grant
under this part by submitting an application to the Secretary at such
time and in such manner as determined by the Secretary. Such
application shall demonstrate how the grant funds will be used to
improve postbaccalaureate education opportunities in programs and
professions in which Hispanic Americans are underrepresented.
``(b) Duration.--Grants under this part shall be awarded for a
period not to exceed 5 years.
``(c) Limitation.--The Secretary shall not award more than one
grant under this part in any fiscal year to any Hispanic-serving
institution.''.
(b) Cooperative Arrangements.--Section 524(a) (as redesignated by
subsection (a)(2)) (20 U.S.C. 1103c(a)) is amended by inserting ``and
section 513'' after ``section 503''.
(c) Authorization of Appropriations.--Subsection (a) of section 528
(as redesignated by subsection (a)(2) of this section) (20 U.S.C.
1103g) is amended to read as follows:
``(a) Authorizations.--
``(1) Part a.--There are authorized to be appropriated to
carry out part A and part C of this title $175,000,000 for
fiscal year 2009 and such sums as may be necessary for each of
the 4 succeeding fiscal years.
``(2) Part b.--There are authorized to be appropriated to
carry out part B of this title $125,000,000 for fiscal year
2009 and such sums as may be necessary for each of the 4
succeeding fiscal years.''.
(d) Minimum Grant Amount.--Section 528 (as redesignated by
subsection (a)(2) of this section) (20 U.S.C. 1103g) is amended by
adding at the end the following:
``(c) Minimum Grant Amount.--The minimum amount of a grant under
this title shall be $200,000.''.
(e) Part A Authorized Uses of Funds.--Section 503(b) (20 U.S.C.
1101b(b)) is amended--
(1) by redesignating paragraph (14) as paragraph (15); and
(2) by inserting after paragraph (13) the following new
paragraph:
``(14) Providing education or financial information
designed to improve the financial literacy and economic
literacy of students or the students' parents, especially with
regard to student indebtedness and student assistance programs
under the title IV.''.
TITLE VI--TITLE VI AMENDMENTS
SEC. 601. INTERNATIONAL AND FOREIGN LANGUAGE STUDIES.
(a) Findings and Purposes.--Section 601 (20 U.S.C. 1121) is
amended--
(1) in subsection (a)(3), by striking ``post-Cold War'';
(2) in subsection (b)(1), by striking ``; and'' at the end
of subparagraph (D) and inserting ``, including through
linkages overseas with institutions of higher education and
relevant organizations that contribute to the educational
programs assisted under this part; and''; and
(3) in subsection (b)(3) by inserting ``, and international
business and trade competitiveness'' before the period.
(b) Graduate and Undergraduate Language and Area Centers and
Programs.--Section 602(a) (20 U.S.C. 1122(a)) is amended--
(1) in paragraph (1), by striking subparagraph (A) and
inserting the following:
``(A) In general.--The Secretary is authorized to
make grants to institutions of higher education or
consortia of such institutions for the purpose of
establishing, strengthening, and operating--
``(i) comprehensive foreign language and
area or international studies centers and
programs; and
``(ii) a diverse network of undergraduate
foreign language and area or international
studies centers and programs.'';
(2) in paragraph (2)--
(A) by striking ``and'' at the end of subparagraph
(G);
(B) by striking the period at the end of
subparagraph (H) and inserting a semicolon; and
(C) by inserting after subparagraph (H) the
following new subparagraphs:
``(I) supporting instructors of the less commonly
taught languages; and
``(J) projects that support in students an
understanding of science and technology in coordination
with foreign language proficiency.''; and
(3) in paragraph (4)--
(A) by amending subparagraph (B) to read as
follows:
``(B) Partnerships or programs of linkage and
outreach with 2-year and 4-year colleges and
universities, including colleges of education and
teacher professional development programs.'';
(B) in subparagraph (C), by striking ``Programs of
linkage or outreach'' and inserting ``Partnerships or
programs of linkage and outreach'';
(C) in subparagraph (E)--
(i) by striking ``foreign area'' and
inserting ``area studies'';
(ii) by striking ``of linkage and
outreach''; and
(iii) by striking ``(C), and (D)'' and
inserting ``(D), and (E)'';
(D) by redesignating subparagraphs (C), (D), and
(E) as subparagraphs (D), (E), and (F), respectively;
and
(E) by inserting after subparagraph (B) the
following new subparagraph:
``(C) Partnerships with local educational agencies
and public and private elementary and secondary
education schools that are designed to increase student
academic achievement in foreign language and knowledge
of world regions, and to facilitate the wide
dissemination of materials related to area studies.''.
(c) Fellowships for Foreign Language and Area or International
Studies.--Section 602(b) (20 U.S.C. 1122(b)) is amended--
(1) by inserting ``and Undergraduate'' after ``Graduate''
in the subsection heading; and
(2) by striking paragraph (2) and inserting the following:
``(2) Eligible students.--A student receiving a stipend
described in paragraph (1) shall be engaged in an instructional
program with stated performance goals for functional foreign
language use or in a program developing such performance goals,
in combination with area studies, international studies, or the
international aspects of a professional studies program,
including predissertation level studies, preparation for
dissertation research, dissertation research abroad, and
dissertation writing, and--
``(A) in the case of graduate fellowships,
activities in connection with a program described in
this paragraph may include predissertation level
studies, preparation for dissertation research,
dissertation research abroad, and dissertation writing;
or
``(B) in the case of undergraduate fellowships,
students may be allowed to use their fellowships abroad
for intermediate or advanced study of a less commonly
taught language.''.
(d) Language Resource Centers.--Section 603(c) (20 U.S.C. 1123(c))
is amended by inserting ``reflect the purposes of this part and'' after
``shall''.
(e) Undergraduate International Studies and Foreign Language
Programs.--Section 604 (20 U.S.C. 1124) is amended--
(1) in subsection (a)(1), by striking ``combinations'' each
place it appears and inserting ``consortia'';
(2) in subsection (a)(2)--
(A) in subparagraph (B)(ii), by striking ``teacher
training'' and inserting ``teacher professional
development'';
(B) by redesignating subparagraphs (I) through (M)
as subparagraphs (J) through (N), respectively;
(C) by inserting after subparagraph (H) the
following new subparagraph:
``(I) the provision of grants for educational
programs abroad that are closely linked to the
program's overall goals and have the purpose of
promoting foreign language fluency and knowledge of
world regions, except that not more than 10 percent of
a grant recipient's funds may be used for this
purpose;''; and
(D) in subparagraph (M)(ii) (as redesignated by
subparagraph (B) of this paragraph), by striking
``elementary and secondary education institutions'' and
inserting ``local educational agencies and public and
private elementary and secondary education schools'';
(3) in subsection (a)(4)(B), by inserting ``that
demonstrates a need for a waiver or reduction'' before the
period at the end;
(4) in subsection (a)(6), by inserting ``reflect the
purposes of this part and'' after ``shall'';
(5) in subsection (a)(8), by striking ``may'' and inserting
``shall''; and
(6) by striking subsection (c).
(f) Research; Studies; Annual Report.--Section 605(a) (20 U.S.C.
1125(a)) is amended by inserting before the period at the end of the
first sentence the following: ``, including the systematic collection,
analysis, and dissemination of data''.
(g) Technological Innovation and Cooperation for Foreign
Information Access.--Section 606 (20 U.S.C. 1126) is amended--
(1) in subsection (a)--
(A) by striking ``or consortia of such institutions
or libraries'' and inserting ``or partnerships between
such institutions or libraries and nonprofit
educational organizations including museums'';
(B) by striking ``new''; and
(C) by inserting ``from foreign sources'' after
``disseminate information'';
(2) in subsection (b)--
(A) by inserting ``acquire and'' before
``facilitate access'' in paragraph (1);
(B) by striking ``new means of'' in paragraph (3)
and inserting ``new means and standards for'';
(C) by striking ``and'' at the end of paragraph
(6);
(D) by striking the period at the end of paragraph
(7) and inserting a semicolon; and
(E) by inserting after paragraph (7) the following
new paragraphs:
``(8) to establish linkages between grant recipients under
subsection (a) with libraries, museums, organizations, or
institutions of higher education located overseas to facilitate
carrying out the purposes of this section; and
``(9) to carry out other activities deemed by the Secretary
to be consistent with the purposes of this section.''; and
(3) by adding at the end the following new subsection:
``(e) Special Rule.--The Secretary may waive or reduce the required
non-Federal share for institutions that--
``(1) are eligible to receive assistance under part A or B
of title III or under title V; and
``(2) have submitted a grant application under this section
that demonstrates a need for a waiver or reduction.''.
(h) Selection of Grant Recipients.--Section 607(b) (20 U.S.C.
1127(b)) is amended--
(1) by striking ``objectives'' and inserting ``missions'';
and
(2) by adding at the end the following new sentence: ``In
keeping with the purposes of this part, the Secretary shall
take into account the degree to which activities of centers,
programs, and fellowships at institutions of higher education
address national needs, generate and disseminate information,
and foster debate on international issues.''.
(i) Equitable Distribution.--Section 608(a) (20 U.S.C. 1128(a)) is
amended by adding at the end the following new sentence: ``Grants made
under section 602 shall also reflect the purposes of this part.''.
(j) Authorization of Appropriations.--Section 610 (20 U.S.C. 1128b)
is amended by striking ``1999'' and inserting ``2009''.
(k) Conforming Amendments.--
(1) Sections 603(a), 604(a)(5), and 612 (20 U.S.C. 1123(a),
1124(a)(5), 1130-1) are each amended by striking
``combinations'' each place it appears and inserting
``consortia''.
(2) Section 612 (20 U.S.C. 1130-1) is further amended by
striking ``combination'' each place it appears and inserting
``consortium''.
SEC. 602. BUSINESS AND INTERNATIONAL EDUCATION PROGRAMS.
(a) Centers for International Business Education.--Section 612 (20
U.S.C. 1130-1) is further amended--
(1) in subsection (a)(1)(C), by inserting ``manufacturing
software systems, technology management,'' after ``commerce,'';
(2) in subsection (c)(2)(E), by inserting ``(including
those that are eligible to receive assistance under part A or B
of title III or under title V)'' after ``other institutions of
higher education'';
(3) in subsection (c)(2)--
(A) by striking ``and'' at the end of subparagraph
(E); and
(B) by inserting the following new subparagraph
after subparagraph (E) (and redesignating the
succeeding subparagraph):
``(F) programs encouraging the advancement and
understanding of cultural, technological management,
and manufacturing software systems practices between
institutions of higher education in the United States
and countries with existing partnerships with other
countries, including those in Asian countries focused
on this industry; and''; and
(4) in subsection (e), by adding at the end the following
new paragraph:
``(5) Special rule.--The Secretary may waive or reduce the
required non-Federal share for institutions that--
``(A) are eligible to receive assistance under part
A or B of title III or under title V; and
``(B) have submitted a grant application under this
section that demonstrates a need for a waiver or
reduction, as determined by the Secretary.''.
(b) Education and Training Programs.--Section 613 (20 U.S.C. 1130a)
is amended by adding at the end the following new subsection:
``(e) Special Rule.--The Secretary may waive or reduce the required
non-Federal share for institutions that--
``(1) are eligible to receive assistance under part A or B
of title III or under title V; and
``(2) have submitted a grant application under this section
that demonstrates a need for a waiver or reduction, as
determined by the Secretary.''.
(c) Authorization of Appropriations.--Section 614 (20 U.S.C. 1130b)
is amended by striking ``1999'' each place it appears and inserting
``2009''.
SEC. 603. INSTITUTE FOR INTERNATIONAL PUBLIC POLICY.
(a) Foreign Service Professional Development.--Section 621 (20
U.S.C. 1131) is amended--
(1) by striking the heading of such section and inserting
the following:
``SEC. 621. PROGRAM FOR FOREIGN SERVICE PROFESSIONALS.'';
(2) by striking the second sentence of subsection (a) and
inserting the following: ``The Institute shall conduct a
program to enhance the international competitiveness of the
United States by increasing the participation of
underrepresented populations in the international service,
including private international voluntary organizations, the
international commercial service, and the foreign service of
the United States.''; and
(3) in subsection (b)(1), by striking subparagraphs (A) and
(B) and inserting the following:
``(A) A Tribally Controlled College or University
or Alaska Native or Native Hawaiian-serving institution
eligible for assistance under title III, an institution
eligible for assistance under part B of title III, or a
Hispanic-serving institution eligible for assistance
under title V.
``(B) An institution of higher education which
serves substantial numbers of underrepresented minority
students.''.
(b) Institutional Development.--Section 622(a) (20 U.S.C. 1131-
1(a)) is amended by inserting before the period at the end the
following: ``and promote collaboration with colleges and universities
that receive funds under this title''.
(c) Study Abroad Program.--Section 623(a) (20 U.S.C. 1131a(a)) is
amended by inserting after ``1978,'' the following: ``Alaska Native-
serving, Native Hawaiian-serving, and Hispanic-serving institutions,''.
(d) Advanced Degree in International Relations.--Section 624 (20
U.S.C. 1131b) is amended--
(1) by striking ``masters'' in the heading of such section
and inserting ``advanced'';
(2) by striking ``a masters degree in international
relations'' and inserting ``an advanced degree in international
relations, international affairs, international economics, or
other academic areas related to the Institute fellow's career
objectives''; and
(3) by striking ``The masters degree program designed by
the consortia'' and inserting ``The advanced degree study
program shall be designed by the consortia, consistent with the
fellow's career objectives, and''.
(e) Internships.--Section 625 (20 U.S.C. 1131c) is amended--
(1) in subsection (a), by inserting after ``1978,'' the
following: ``Alaska Native-serving, Native Hawaiian-serving,
and Hispanic-serving institutions,'';
(2) in subsection (b)--
(A) by inserting ``and'' after the semicolon at the
end of paragraph (2);
(B) by striking ``; and'' at the end of paragraph
(3) and inserting a period; and
(C) by striking paragraph (4); and
(3) by amending subsection (c) to read as follows:
``(c) Ralph J. Bunche Fellows.--In order to assure the recognition
and commitment of individuals from underrepresented student populations
who demonstrate special interest in international affairs and language
study, eligible students who participate in the internship programs
authorized under subsections (a) and (b) shall be known as the Ralph J.
Bunche Fellows.''.
(f) Report.--Section 626 (20 U.S.C. 1131d) is amended by striking
``annually prepare a report'' and inserting ``prepare a report
biennially''.
(g) Authorization of Appropriations.--Section 628 (20 U.S.C. 1131f)
is amended by striking ``1999'' and inserting ``2009''.
SEC. 604. PREPARING FOR EARLY FOREIGN LANGUAGE INSTRUCTION.
Title VI (20 U.S.C. 1121 et seq.) is amended--
(1) by redesignating part D as part E;
(2) by redesignating section 631 (20 U.S.C. 1132) as
section 641; and
(3) by inserting after section 628 the following new part:
``PART D--PREPARING FOR EARLY FOREIGN LANGUAGE INSTRUCTION
``SEC. 631. PREPARING FOR EARLY FOREIGN LANGUAGE INSTRUCTION.
``(a) Definitions.--In this section:
``(1) Eligible partnership.--The term `eligible
partnership' means a partnership that--
``(A) shall include--
``(i) a foreign language department of an
institution of higher education; and
``(ii) a local educational agency; and
``(B) may include--
``(i) another foreign language or teacher
education department of an institution of
higher education;
``(ii) another local educational agency, or
an elementary or secondary school;
``(iii) a business;
``(iv) a nonprofit organization of
demonstrated effectiveness, including a museum;
``(v) heritage or community centers for
language study;
``(vi) language resource centers; or
``(vii) the State foreign language
coordinator or State educational agency.
``(2) High-need local educational agency.--The term `high-
need local educational agency' has the meaning given the term
in section 2102 of the Elementary and Secondary Education Act
of 1965 (20 U.S.C. 6602).
``(3) Articulated.--The term `articulated' means that each
grade level of the foreign language program is designed to
sequentially expand on the student achievement of the previous
level with a goal toward achieving an established level of
language proficiency.
``(b) Purpose.--The purpose of this section is to improve the
performance of students in the study of foreign languages by
encouraging States, institutions of higher education, elementary
schools, and secondary schools to participate in programs that--
``(1) upgrade the status and stature of foreign language
teaching by encouraging institutions of higher education to
assume greater responsibility for improving foreign language
teacher education through the establishment of a comprehensive,
integrated system of recruiting and advising such teachers;
``(2) focus on education of foreign language teachers as a
career-long process that should continuously stimulate
teachers' intellectual growth and upgrade teachers' knowledge
and skills;
``(3) bring foreign language teachers in elementary schools
and secondary schools together with linguists or higher
education foreign language professionals to increase the
subject matter knowledge and improve the teaching skills of
teachers through the use of more sophisticated resources that
institutions of higher education are better able to provide
than such schools; and
``(4) develop more rigorous foreign language curricula that
contain--
``(A) professionally accepted standards for
elementary and secondary education instruction;
``(B) standards expected for postsecondary study in
foreign language; and
``(C) articulated foreign language programs from
kindergarten through grade 12 that demonstrate
increased competence and proficiency over time and
grade.
``(c) Grants to Partnerships.--
``(1) In general.--The Secretary may award grants, on a
competitive basis, to eligible partnerships to enable the
eligible partnerships to pay the Federal share of the costs of
carrying out the authorized activities described in this
section.
``(2) Duration.--The Secretary shall award grants under
this section for a period of 5 years.
``(3) Federal share.--The Federal share of the costs of the
activities assisted under this section shall be--
``(A) 75 percent of the costs for the first year
that an eligible partnership receives a grant payment
under this section;
``(B) 65 percent of such costs for the second such
year; and
``(C) 50 percent of such costs for each of the
third, fourth, and fifth such years.
``(4) Non-federal share.--The non-Federal share of the
costs of carrying out the authorized activities described in
this section may be provided in cash or in kind, fairly
evaluated.
``(5) Priority.--In awarding grants under this section, the
Secretary shall give priority to eligible partnerships--
``(A) that include high-need local educational
agencies; or
``(B) that emphasize the teaching of commonly
taught and critical foreign languages in an articulated
program that demonstrates increased competency and
proficiency over grade and time.
``(d) Applications.--
``(1) In general.--Each eligible partnership desiring a
grant under this section shall submit an application to the
Secretary at such time, in such manner, and accompanied by such
information as the Secretary may require.
``(2) Contents.--An application under paragraph (1) shall
include--
``(A) an assessment of the teacher quality and
professional development needs of all the schools and
agencies participating in the eligible partnership with
respect to the teaching and learning of foreign
languages;
``(B) a description of how the activities to be
carried out by the eligible partnership will be based
on a review of relevant research, and an explanation of
why the activities are expected to improve student
performance and to strengthen the quality of foreign
language instruction; and
``(C) a description of--
``(i) how the eligible partnership will
carry out the authorized activities described
in subsection (e); and
``(ii) the eligible partnership's
evaluation and accountability plan as described
in subsection (f).
``(e) Authorized Activities.--An eligible partnership shall use the
grant funds provided under this section for 1 or more of the following
activities related to elementary schools or secondary schools:
``(1) Creating opportunities for enhanced and ongoing
professional development that improves the subject matter
knowledge of foreign language teachers.
``(2) Recruiting university students with foreign language
majors for teaching.
``(3) Promoting strong teaching skills for foreign language
teachers and teacher educators.
``(4) Establishing foreign language summer workshops or
institutes (including follow-up) for teachers.
``(5) Establishing distance learning programs for foreign
language teachers.
``(6) Designing programs to prepare a teacher at a school
to provide professional development to other teachers at the
school and to assist novice teachers at such school, including
(if applicable) a mechanism to integrate experiences from a
summer workshop or institute.
``(7) Developing instruction materials.
``(f) Evaluation and Accountability Plan.--Each eligible
partnership receiving a grant under this section shall develop an
evaluation and accountability plan for activities assisted under this
section that includes strong performance objectives. The plan shall
include objectives and measures for--
``(1) increased participation by students in advanced
courses in foreign language;
``(2) increased percentages of secondary school classes in
foreign language taught by teachers with academic majors in
foreign language; and
``(3) increased numbers of foreign language teachers who
participate in content-based professional development
activities.
``(g) Report.--Each eligible partnership receiving a grant under
this section shall annually report to the Secretary regarding the
eligible partnership's progress in meeting the performance objectives
described in subsection (f).
``(h) Termination.--If the Secretary determines that an eligible
partnership is not making substantial progress in meeting the
performance objectives described in subsection (f) by the end of the
third year of a grant under this section, the grant payments shall not
be made for the fourth and fifth years of the grant.
``(i) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section, such sums as may be necessary
for fiscal year 2009 and for each of the 4 succeeding fiscal years.''.
SEC. 605. EVALUATION, OUTREACH, AND DISSEMINATION.
Part E of title VI, as redesignated by section 604 of this Act, is
amended by inserting after section 641 (20 U.S.C. 1132 (as so
redesignated)) the following new section:
``SEC. 642. EVALUATION, OUTREACH, AND DISSEMINATION.
``The Secretary may use not more than one percent of the funds made
available for this title for program evaluation, national outreach, and
information dissemination activities.''.
SEC. 606. STUDENT SAFETY.
Part E of title VI, as redesignated by section 604 of this Act, is
further amended by inserting after section 642 (as added by section 605
of this Act) the following new section:
``SEC. 643. STUDENT SAFETY.
``Applicants seeking funds under this title to support student
travel and study abroad shall submit as part of their grant application
a description of safety policies and procedures for students
participating in the program while abroad.''.
SEC. 607. SCIENCE AND TECHNOLOGY ADVANCED FOREIGN LANGUAGE EDUCATION
GRANT PROGRAM.
Part E of title VI, as redesignated by section 604 of this Act, is
further amended by inserting after section 643 (as added by section 606
of this Act) the following new section:
``SEC. 644. SCIENCE AND TECHNOLOGY ADVANCED FOREIGN LANGUAGE EDUCATION
GRANT PROGRAM.
``(a) Purpose.--It is the purpose of this section to support
programs in colleges and universities that--
``(1) encourage students to develop--
``(A) an understanding of science and technology;
and
``(B) foreign language proficiency; and
``(2) foster future international scientific collaboration.
``(b) Development.--The Secretary shall develop a program for the
awarding of grants to institutions of higher education that develop
innovative programs for the teaching of foreign languages.
``(c) Regulations and Requirements.--The Secretary shall promulgate
regulations for the awarding of grants under subsection (b). Such
regulations shall require institutions of higher education to use grant
funds for, among other things--
``(1) the development of an on-campus cultural awareness
program by which students attend classes taught in a foreign
language and study the science and technology developments and
practices in a non-English speaking country;
``(2) immersion programs where students take science or
technology related course work in a non-English speaking
country; and
``(3) other programs, such as summer workshops, that
emphasize the intense study of a foreign language and science
technology.
``(d) Grant Distribution.--In distributing grants to institutions
of higher education under this section, the Secretary shall give
priority to--
``(1) institutions that have programs focusing on curricula
that combine the study of foreign languages and the study of
science and technology and produce graduates who have both
skills; and
``(2) institutions teaching critical foreign languages.
``(e) Appropriations Authorized.--There are authorized to be
appropriated to carry out this section, such sums as may be necessary
for fiscal year 2009 and for each subsequent fiscal year.''.
SEC. 608. REPORTING BY INSTITUTIONS.
Part E of title VI (20 U.S.C. 1122), as redesignated by section 604
of this Act, is further amended by inserting after section 644 (as
added by section 607 of this Act) the following new section:
``SEC. 645. REPORTING BY INSTITUTIONS.
``(a) Applicability.--The data requirement in subsection (b) shall
apply to an institution of higher education that receives funds for a
center or program under this title if--
``(1) the amount of cash, or the fair market value, or
both, of the contributions received from a foreign government
or private sector corporation, foundation, or any other entity
or individual (excluding domestic government entities) during
any fiscal year exceeds $1,000,000 in the aggregate; and
``(2) the aggregate contribution is intended for use
directly or indirectly by a center or program receiving funds
under this title.
``(b) Data Required.--The Secretary shall require of each
institution to which this paragraph applies under subsection (a), as
part of the Integrated Postsecondary Education Data System (IPEDS)
annual data collection, that such institution report the following
data:
``(1) The names and addresses of any foreign government or
private sector corporation, foundation, or any other entity or
individual that contributed such amount of cash or such fair
market value of other property as described in subsection
(a)(1).
``(2) The amount of such cash or the fair market value of
such property.
``(c) Exemption From Reporting.--The Secretary may, at the request
of the donor, exempt domestic donors who make anonymous donations from
the institutional reporting requirement of subsection (b)(1) to
preserve the anonymity of their contribution. The data of institutions
shall identify such donors as `anonymous'. This exemption does not
apply to non-domestic donations.
``(d) Deadline.--Any report under subsection (b) shall be made no
later than such date as the Secretary shall require.
``(e) Consequences of Failure To Report.--In the case of any
institution from which a report is requested under subsection (b), if
the Secretary does not receive a report in accordance with the deadline
established under subsection (d), the Secretary shall--
``(1) make a determination that the institution of higher
education has failed to make the report required by this
paragraph;
``(2) transmit a notice of the determination to Congress;
and
``(3) publish in the Federal Register a notice of the
determination and the effect of the determination on the
eligibility of the institution of higher education for
contracts and grants under this title.''.
SEC. 609. FEDERAL FOREIGN LANGUAGE EDUCATION MARKETING CAMPAIGN.
The Secretary of Education shall establish a foreign language
education marketing campaign to encourage students at secondary schools
and institutions of higher education to study foreign languages,
particularly languages that are less commonly taught and critical to
the national security of the United States.
TITLE VII--TITLE VII AMENDMENTS
SEC. 701. JAVITS FELLOWSHIP PROGRAM.
(a) Authority and Timing of Awards.--Section 701(a) (20 U.S.C.
1132a(a)) is amended by inserting after the second sentence the
following: ``For purposes of the exception in the preceding sentence, a
master's degree in fine arts shall be considered a terminal degree.''.
(b) Interruptions of Study.--Section 701(c) (20 U.S.C. 1134(c)) is
amended by adding at the end the following new sentence: ``In the case
of other exceptional circumstances, such as active duty military
service or personal or family member illness, the institution of higher
education may also permit the fellowship recipient to interrupt periods
of study for the duration of the tour of duty (in the case of military
service) or not more than 12 months (in any other case), but without
payment of the stipend.''.
(c) Allocation of Fellowships.--Section 702(a)(1) (20 U.S.C.
1134a(a)(1)) is amended--
(1) in the first sentence, by inserting ``from diverse
geographic regions'' after ``higher education''; and
(2) by adding at the end the following new sentence: ``The
Secretary shall also assure that at least one representative
appointed to the Board represents an institution that is
eligible for a grant under title III or V of this Act.''.
(d) Stipends.--Section 703 (20 U.S.C. 1134b) is amended--
(1) in subsection (a)--
(A) by striking ``1999-2000'' and inserting ``2009-
2010''; and
(B) by striking ``Foundation graduate fellowships''
and inserting ``Foundation Graduate Research Fellowship
Program on February 1 of such academic year''; and
(2) in subsection (b), by amending paragraph (1)(A) to read
as follows:
``(1) In general.--(A) The Secretary shall (in addition to
stipends paid to individuals under this subpart) pay to the
institution of higher education, for each individual awarded a
fellowship under this subpart at such institution, an
institutional allowance. Except as provided in subparagraph
(B), such allowance shall be, for academic year 2009-2010 and
succeeding academic years, the same amount as the institutional
payment made for academic year 2008-2009, adjusted for academic
year 2009-2010 and annually thereafter in accordance with
inflation as determined by the Department of Labor's Consumer
Price Index for All Urban Consumers for the previous calendar
year.''.
(e) Authorization of Appropriations.--Section 705 (20 U.S.C. 1134d)
is amended by striking ``1999'' and inserting ``2009''.
SEC. 702. GRADUATE ASSISTANCE IN AREAS OF NATIONAL NEED.
(a) Designation of Areas of National Need; Priority.--Section 712
(20 U.S.C. 1135a) is amended--
(1) by amending subsection (b) to read as follows:
``(b) Designation of Areas of National Need.--After consultation
with appropriate Federal and nonprofit agencies and organizations,
including the National Science Foundation, the Department of Defense,
the Department of Homeland Security, the National Academy of Sciences,
and the Bureau of Labor Statistics, the Secretary shall designate areas
of national need. In making such designations, the Secretary shall take
into consideration--
``(1) the extent to which the interest in the area is
compelling;
``(2) the extent to which other Federal programs support
postbaccalaureate study in the area concerned;
``(3) an assessment of how the program may achieve the most
significant impact with available resources;
``(4) an assessment of current and future professional
workforce needs of the United States; and
``(5) the priority described in subsection (c).''; and
(2) by adding at the end the following new subsection:
``(c) Priority.--The Secretary shall establish a priority for
grants in order to prepare individuals for the professorate who will
train highly qualified elementary and secondary mathematics and science
teachers, special education teachers, and teachers who provide
instruction for limited English proficient individuals. Such grants
shall offer program assistance and graduate fellowships for--
``(1) post baccalaureate study related to teacher
preparation and pedagogy in mathematics and science for
students who have completed a master's degree or are pursuing a
doctorate of philosophy in mathematics or science;
``(2) post baccalaureate study related to teacher
preparation and pedagogy in special education and English
language acquisition and academic proficiency for limited
English proficient individuals; and
``(3) support of dissertation research in the fields of
mathematics, science, special education, or second language
pedagogy and second language acquisition.''.
(b) Collaboration Required for Certain Applications.--Section
713(b) (20 U.S.C. 1135b) is amended--
(1) by striking ``and'' at the end of paragraph (9);
(2) by redesignating paragraph (10) as paragraph (11); and
(3) by inserting after paragraph (9) the following new
paragraph:
``(10) in the case of an application from a department,
program, or unit in education or teacher preparation, provide
assurances that such department, program, or unit will
collaborate with departments, programs, or units in all content
areas to ensure a successful combination of training in both
teaching and such content; and''.
(c) Stipends.--Section 714(b) (20 U.S.C. 1135c(b)) is amended--
(1) by striking ``1999-2000'' and inserting ``2009-2010'';
and
(2) by striking ``Foundation graduate fellowships'' and
inserting ``Foundation Graduate Research Fellowship Program on
February 1 of such academic year''.
(d) Additional Assistance.--Section 715(a)(1) (20 U.S.C.
1135d(a)(1)) is amended--
(1) by striking ``1999-2000'' and inserting ``2009-2010'';
(2) by striking ``1998-1999'' and inserting ``2008-2009'';
and
(3) by inserting ``for All Urban Consumers'' after ``Price
Index''.
(e) Authorization of Appropriations.--Section 716 (20 U.S.C. 1135e)
is amended by striking ``1999'' and inserting ``2009''.
(f) Technical Amendments.--Section 714(c) (20 U.S.C. 1135c(c)) is
amended--
(1) by striking ``section 716(a)'' and inserting ``section
715(a)''; and
(2) by striking ``section 714(b)(2)'' and inserting
``section 713(b)(2)''.
(g) Additional Technical Amendments.--
(1) Section 711(a)(1) (20 U.S.C. 1135(a)) is amended by
inserting ``(including a masters degree)'' after ``leading to a
graduate degree''.
(2) Section 712(a)(1) (20 U.S.C. 1135a(a)(1)) is amended by
inserting ``(including a masters degree)'' after ``leading to a
graduate degree''.
(3) Section 713 (b)(5)(C) (20 U.S.C. 1135b(b)(5)(C)) is
amended by inserting ``at the institution'' before the
semicolon at the end.
SEC. 703. THURGOOD MARSHALL LEGAL EDUCATIONAL OPPORTUNITY PROGRAM.
(a) Program Authority.--Section 721(a) (20 U.S.C. 1136(a)) is
amended--
(1) by inserting ``middle and high school'' after
``disadvantaged''; and
(2) by striking the period at the end of the sentence and
inserting ``and admission to law practice.''.
(b) Eligibility.--Section 721(b) (20 U.S.C. 1136(b)) is amended by
inserting ``middle and high school or'' before ``college student''.
(c) Contract and Grant Purposes.--Section 721(c) (20 U.S.C.
1136(c)) is amended--
(1) by inserting ``middle and high school students'' after
``identify'' in paragraph (1);
(2) by amending paragraph (2) to read as follows:
``(2) to prepare such students for study at accredited law
schools and assist them with the development of analytical
skills and study methods to enhance their success and promote
completion of law school;'';
(3) by striking ``and'' at the end of paragraph (4);
(4) by striking the period at the end of paragraph (5) and
inserting ``; and''; and
(5) by adding at the end the following new paragraph:
``(6) to award Thurgood Marshall Fellowships to eligible
law school students--
``(A) who participated in summer institutes
authorized by subsection (d) and who are enrolled in an
accredited law school; or
``(B) who are eligible law school students who have
successfully completed a comparable summer institute
program certified by the Council on Legal Educational
Opportunity.''.
(d) Services Provided.--Section 721(d)(1)(D) (20 U.S.C.
1136(d)(1)(D)) is amended by inserting ``in analytical skills and study
methods'' after ``courses''.
(e) Authorization of Appropriations.--Section 721(h) (20 U.S.C.
1136(h)) is amended by striking ``1999'' and inserting ``2009''.
(f) General Provisions.--Subsection (e) of section 731 (20 U.S.C.
1137(e)) is repealed.
SEC. 704. PATSY T. MINK FELLOWSHIP PROGRAM.
Part A of title VII (20 U.S.C. 1134) is further amended--
(1) by redesignating subpart 4 as subpart 6;
(2) in the heading of section 731, by striking ``subparts
1, 2, and 3'' and inserting ``subparts 1 through 5'';
(3) in subsections (a) and (b) of section 731, by striking
``subparts 1, 2, and 3'' each place it appears and inserting
``subparts 1 through 5'';
(4) in subsection (d) of such section, by striking
``subpart 1, 2, or 3'' and inserting ``subpart 1, 2, 3, 4, or
5''; and
(5) by inserting after subpart 3 the following new subpart:
``Subpart 4--Patsy T. Mink Fellowship Program
``SEC. 722. PATSY T. MINK FELLOWSHIPS.
``(a) Purpose; Designation.--
``(1) Purpose.--It is the purpose of this subpart to
provide a program of fellowship awards to assist highly
qualified minorities and women to acquire the terminal master's
degree or the doctorate degree in academic areas in which such
individuals are underrepresented for the purpose of entering
the higher education professoriate.
``(2) Eligible institutions.--For purposes of this subpart,
the term `eligible institution' means an institution of higher
education, or a consortium of such institutions, that offers a
program of post baccalaureate study leading to a graduate
degree.
``(3) Designation.--Each recipient of a fellowship award
from an institution receiving a grant under this subpart shall
be known as a Patsy T. Mink Graduate Fellow.
``(b) Program Authorized.--
``(1) Grants by secretary.--
``(A) In general.--From funds made available under
subsection (e), the Secretary shall make grants to
eligible institutions of higher education to enable
such institutions to make fellowship awards to
qualified students in accordance with the provisions of
this subpart.
``(B) Priority consideration.--In making grant
awards under this subpart, the Secretary shall consider
the applicant institution's prior experience in
producing doctorates and terminal master's degree
holders who are minorities and females, and shall give
priority consideration in making grants under this
subpart to those institutions with a demonstrated
record of producing minorities and women who have
earned such degrees.
``(2) Distribution and amounts of grants.--
``(A) Equitable distribution.--In making such
grants the Secretary shall, to the maximum extent
feasible, ensure an equitable geographic distribution
of awards and an equitable distribution among eligible
public and private institutions of higher education
that apply for grants under this subpart and that
demonstrate the ability to achieve the purpose of this
subpart.
``(B) Special rule.--To the maximum extent
practical, the Secretary shall award at least 50
percent of the amount appropriated under this subpart
to institutions of higher education eligible for
assistance under titles III and V, or to consortia
composed of otherwise eligible institutions of higher
education and such minority-serving institutions.
``(C) Allocation.--In making such grants the
Secretary shall, consistent with subparagraphs (A) and
(B), allocate appropriated funds to those institutions
whose applications indicate the ability to
significantly increase the numbers of minorities and
women entering the higher education professoriate and
that commit institutional resources to the attainment
of the purpose of this subpart. No grant made under
this subpart shall support fewer than fifteen degree
candidates consistent with subsection (d)(2).
``(D) Reallotment.--Whenever the Secretary
determines that an institution of higher education is
unable to utilize all of the amounts made available to
it under this subpart, the Secretary shall, on such
dates during the fiscal year as the Secretary may
determine, reallocate such unused amounts to
institutions which demonstrate that they can use any
reallocated grant funds to make fellowship awards to
qualified individuals under this subpart.
``(c) Applications.--
``(1) Applications required.--Any eligible institution of
higher education offering a program of post baccalaureate study
leading to a graduate degree that meets the purpose of this
subpart may apply for a grant. Each such institution, or
consortium of eligible institutions (including those
institutions specified in subsection (b)(2)(B)) may make an
application to the Secretary at such time, in such manner, and
containing or accompanied by such information as the Secretary
may reasonably require.
``(2) Selection of applications.--In selecting applications
for the making grants to institutions of higher education, the
Secretary shall--
``(A) take into account the number and distribution
of minority and female faculty nationally, as well as
the current and projected need for highly trained
individuals--
``(i) in all areas of the higher education
professoriate; and
``(ii) in academic career fields in which
minorities and women are underrepresented in
the higher education professoriate; and
``(B) consider the need to prepare a larger number
of minorities and women generally in academic career
fields of high national priority, especially in areas
in which such individuals are traditionally
underrepresented in college and university faculties.
``(d) Fellowship Terms and Conditions.--
``(1) Selection of fellows.--
``(A) Eligible applicants.--The Secretary shall
assure that, in awarding fellowships from funds made
available under this subpart, grantee institutions make
fellowship awards to individuals who plan to pursue a
career in instruction at any institution of higher
education that is eligible to participate in title IV
programs.
``(B) Academic progress.--Notwithstanding
subparagraph (A), no otherwise eligible student
selected for support shall receive a fellowship award--
``(i) during periods in which such student
is enrolled, unless such student is maintaining
satisfactory academic progress in, and devoting
full-time to, study or research in the pursuit
of the degree for which the fellowship support
was awarded; or
``(ii) if the student is engaged in gainful
employment, other than part-time employment
related to teaching, research, or a similar
activity determined by the institution to be
consistent with and supportive of the student's
progress toward the appropriate degree.
``(2) Service requirement.--
``(A) Teaching required.--Each Patsy T. Mink
Graduate Fellow who earns the doctoral or terminal
master's degree with assistance provided under this
subpart shall teach at an eligible institution for one
year for each year of fellowship assistance received
under this subpart.
``(B) Institutional obligation.--Each institution
which receives an award from the Secretary under this
subpart shall provide an assurance that it has inquired
of and determined the fellowship recipient's decision
to, within 3 years of receiving the doctorate or
terminal master's degree, begin employment at an
eligible institution of higher education as required by
this subpart.
``(C) Agreement required.--Prior to receiving the
initial fellowship award, and upon the annual renewal
of the fellowship award, a fellow shall sign an
agreement with the Secretary memorializing this
commitment to enter the professoriate.
``(D) Consequences of failure.--If a fellowship
recipient fails to honor the service requirement of
this subsection, the Secretary shall--
``(i) require the individual to repay all
or the applicable portion of the total
fellowship amount awarded to the individual by
converting the balance due to a loan at the
interest rate applicable to loans made under
part B of title IV; or
``(ii) require the individual to pay an
amount determined by the Secretary to be
appropriate, except as provided in subparagraph
(E).
``(E) Modified service requirement.--The Secretary
may waive or modify the service requirement of this
paragraph based on regulations, promulgated pursuant to
and consistent with criteria which determine the
circumstances under which compliance with the service
obligation by the fellowship recipient would be
inequitable and represent a substantial hardship. The
Secretary may waive the service requirement if--
``(i) compliance by the fellowship
recipient would be deemed impossible because
the individual is permanently and totally
disabled at the time of the waiver request; or
``(ii) compliance by the fellowship
recipient is based on documentation presented
to the Secretary of substantial economic or
personal hardship, as determined in accordance
with regulations prescribed by the Secretary.
``(3) Amount of fellowship awards.--
``(A) In general.--From the grants made pursuant to
this subpart, eligible institutions shall award
stipends to individuals who are awarded fellowships
under this subpart. Such stipends shall reflect the
purpose of the program authorized by this subpart to
encourage highly qualified minorities and women to
pursue graduate study for the purpose of entering the
higher education professoriate.
``(B) Awards based on need.--Stipends shall be in
an amount equal to the level of support provided by the
National Science Foundation graduate fellowships,
except that such stipend shall be adjusted as necessary
so as not to exceed the fellow's demonstrated need as
determined by the institution of higher education where
the graduate student is enrolled.
``(4) Institutional payments.--
``(A) In general.--The Secretary shall, in addition
to the amounts made available to institutions for
stipends to individuals under this subpart, pay to
grantee institutions of higher education, for each
individual awarded a fellowship under this subpart at
such institution, an institutional allowance. Except as
provided for in subparagraph (C), such allowance shall
be, for academic year 2009-2010 and succeeding academic
years, the same as the institutional payment made for
that year under the Graduate Assistance in Areas of
National Need program in subpart 2 of part A, and shall
be adjusted annually thereafter in accordance with
inflation as determined by the Department of Labor's
Consumer Price Index for All Urban Consumers for the
previous calendar year.
``(B) Use of funds.--Institutional payments may be
expended at the discretion of the institution, except
that such funds shall be used to provide academic
support and career transition services for
participating fellows.
``(C) Reduction.--The institutional allowance paid
under subparagraph (A) shall be reduced by the amount
the institution charges and collects from a fellowship
recipient for tuition and other expenses as part of the
institution's instructional program.
``(D) Use for overhead prohibited.--Funds made
available pursuant to this subpart may not be used for
general operational overhead of the academic department
or institution receiving such funds.
``(e) Authorization of Appropriations.--There are authorized to
appropriated to carry out this subpart such sums as may be necessary
for fiscal year 2009 and for each of the 4 succeeding fiscal years.''.
SEC. 705. MASTERS DEGREES PROGRAMS AT HISTORICALLY BLACK COLLEGES AND
UNIVERSITIES AND OTHER MINORITY SERVING INSTITUTIONS.
Part A of title VII (20 U.S.C. 1134) is further amended by
inserting after subpart 4 (as added by section 704 of this Act) the
following subpart:
``Subpart 5--Masters Degrees Programs at Historically Black Colleges
and Universities and Other Minority Serving Institutions
``SEC. 723. GRANTS TO ACADEMIC DEPARTMENTS AND PROGRAMS AT ELIGIBLE
INSTITUTIONS.
``(a) Grant Authority.--
``(1) In general.--From the amounts appropriated under
subsection (g), the Secretary shall make grants to graduate
academic departments, programs, and other academic units at
historically Black colleges and universities and other
minority-serving institutions that provide qualified courses of
study leading to a degree in a qualified masters degree program
described in subsection (d)(1)(B). Such grants shall be used to
make fellowship awards to eligible students and may be combined
with matching grants from non-Federal sources to strengthen
qualified masters degree programs.
``(2) Additional grants.--From the amounts appropriated
under subsection (g), The Secretary may also make grants to
consortia and cooperative arrangements among eligible
institutions that submit joint proposals, and have formal
arrangements designed to fulfill the purposes of this subpart.
``(b) Award and Duration of Grants.--
``(1) Awards.--The Secretary shall make awards to
institutions that are eligible under subsection (d) and that
submit an application to the Secretary in accordance with
subsection (c). Awards shall be based on the following
criteria:
``(A) The number of students enrolled in the
masters degree program.
``(B) The number of students who earned such
degrees in the previous year from the program for which
the eligible institution is seeking funds.
``(C) The average cost of education per student,
for all full-time masters degree students enrolled in
the qualified masters degree program.
``(D) The quality of the academic program at the
institution.
``(E) The quality of the application submitted by
the institution or consortium.
``(2) Duration and amount.--
``(A) Duration.--The Secretary shall award a grant
under this subpart for a period of 5 years, which may
be renewed for an additional 5 years consistent with
subsection (c).
``(B) Amount.--The Secretary shall award a grant to
an academic department, program, or consortium at an
eligible institution of higher education under this
subpart for a fiscal year in an amount that is not less
than $100,000, and not greater than $750,000.
``(c) Application.--
``(1) Contents of applications.--An institution that is
eligible under subsection (d) that seeks a grant under this
subpart shall submit an application to the Secretary at such
time, in such manner, and accompanied by such information as
the Secretary may require. The application shall include--
``(A) a description of the qualified masters degree
program or programs that the institution intends to
provide fellowship awards to, including the number of
student awards to be made;
``(B) a budget describing the amount of the
fellowship awards to students for 2 successive academic
years, based on the academic progress of such students
and the cost of attendance at the eligible institution,
except that in no instance shall a graduate student
receive a fellowship in excess of the award level
provided for such students by the National Science
Foundation;
``(C) a budget for stipends to students who are
awarded fellowships under this subpart in order to
encourage highly qualified students to pursue graduate
study for the purposes described in this part; and
``(D) a description of activities to be undertaken
with institutional, private foundation, or State
matching funds that will be used to contribute to the
increased production of minority masters degree
candidates.
``(2) Preference to continuing grant recipients.--
``(A) In general.--The Secretary shall make initial
grant awards consistent with the criteria in subsection
(b)(1), and shall renew such awards if the grantee
demonstrates success in satisfying the criteria in
subparagraphs (A) and (B) of such subsection by
increasing the number of African Americans and other
minorities earning masters degrees at the institution
based on benchmarks established by the Secretary.
``(B) Ratable reduction.--To the extent that
appropriations are insufficient to comply with
subparagraph (A) and subsection (b)(2)(B), available
funds shall be distributed by ratably reducing the
amounts required to be awarded under subsection
(b)(2)(B).
``(d) Institutional Eligibility.--
``(1) Qualified masters degree programs.--
``(A) In general.--To be eligible to apply for a
grant under this part, an applicant shall be an
academic department, program, or unit at an institution
of higher education that is within the meaning of the
term `part B institution' as defined in section 322(2),
that offers a qualified masters degree program, and
that is specifically enumerated in paragraph (2), or a
consortium of such institutions.
``(B) Qualified masters degree program.--For
purposes of this subpart, the term `qualified masters
degree program' means a program of study leading to a
masters degree in the physical or natural sciences,
mathematics, engineering, computer science, information
technology, nursing, allied health, or related
scientific or health field identified by the Secretary.
``(C) Limitation.--No department, program, or unit
shall be eligible to apply unless the qualified masters
degree program has been in existence and awarded such
degrees for at least four years.
``(2) Enumerated institutions.--For purposes of paragraph
(1)(A), the institutions enumerated in this paragraph are--
``(A) Albany State University;
``(B) Alcorn State University;
``(C) Chicago State University;
``(D) Columbia Union College;
``(E) Coppin State University;
``(F) Elizabeth City State University;
``(G) Fayetteville State University;
``(H) Fisk University;
``(I) Fort Valley State University;
``(J) Grambling State University;
``(K) Kentucky State University;
``(L) Long Island University, Brooklyn campus;
``(M) Mississippi Valley State University;
``(N) Robert Morris College;
``(O) Savannah State University;
``(P) South Carolina State University;
``(Q) University of Arkansas, Pine Bluff;
``(R) Virginia State University;
``(S) West Virginia Sate University;
``(T) Winston-Salem State University; and
``(U) York College, The City University of New
York.
``(3) Limitation.--No institution that is eligible for and
receives an award under section 326 for a fiscal year shall be
eligible to apply for, or receive funds under this subpart for
the same fiscal year.
``(e) Matching Funds Rule.--Each eligible institution or consortium
that receives an award under this subpart, may elect to use up to 25
percent of the total grant to carry out activities designed to
strengthen its qualified masters degree program. An institution that
elects to use funds for strengthening a qualified masters degree
program shall provide an equal amount for such purpose from
institutional, private foundation, or State sources. Matching funds
must supplement, not supplant, existing resources available at the time
of the Secretary's award.
``(f) Uses of Funds.--Funds made available under this section shall
be used in accordance with the application under subsection (c).
``(g) Authorization of Appropriations.--There are authorized to be
appropriated $25,000,000 for fiscal year 2009 and such sums as may be
necessary for each of the 4 succeeding fiscal years.''.
SEC. 706. FUND FOR THE IMPROVEMENT OF POSTSECONDARY EDUCATION.
(a) Contract and Grant Purposes.--Section 741(a) (20 U.S.C.
1138(a)) is amended--
(1) by amending paragraph (1) to read as follows:
``(1) the encouragement of the reform and improvement of,
and innovation in, postsecondary education and the provision of
educational opportunity for all, especially for the non-
traditional student populations;'';
(2) in paragraph (2), by inserting before the semicolon at
the end the following: ``for postsecondary students, especially
institutions, programs, and joint efforts that provide academic
credit for programs'';
(3) by amending paragraph (3) to read as follows:
``(3) the establishment of institutions and programs based
on the technology of communications, including delivery by
distance education;'';
(4) by amending paragraph (6) to read as follows:
``(6) the introduction of institutional reforms designed to
expand individual opportunities for entering and reentering
postsecondary institutions and pursuing programs of
postsecondary study tailored to individual needs;'';
(5) by striking ``and'' at the end of paragraph (7);
(6) by striking the period at the end of paragraph (8) and
inserting a semicolon; and
(7) by adding at the end the following new paragraphs:
``(9) the assessment, in partnership with a public or
private nonprofit institution or agency, of the performance of
teacher preparation programs within institutions of higher
education in a State, using an assessment which provides
comparisons across such institutions within the State based
upon indicators including teacher candidate knowledge in
subject areas in which such candidate has been prepared to
teach;
``(10) the support of efforts to establish pilot programs
and initiatives to help college campuses reduce illegal
downloading of copyrighted content, in order to improve the
security and integrity of campus computer networks and save
bandwidth costs;
``(11) the support of increased fire safety in student
housing--
``(A) by establishing a demonstration incentive
program for qualified student housing in institutions
of higher education;
``(B) by making grants for the purpose of
installing fire alarm detection, prevention, and
protection technologies in student housing,
dormitories, and other buildings controlled by such
entities; and
``(C) by requiring, as a condition of such grants--
``(i) that such technologies be installed
professionally to technical standards of the
National Fire Protection Association; and
``(ii) that the recipient shall provide
non-Federal matching funds in an amount equal
to the amount of the grant;
``(12) the assessment, in partnership with a consortium of
higher education organizations, of the feasibility and
potential design of an inter-institution monitoring
organization on gender and racial equality in campus faculty
and administration;
``(13) the provision of support and assistance to
partnerships between institutions of higher education and
secondary schools with at least 10 percent of their enrollment
assessed as late-entering limited English proficient students
to establish programs that result in increased secondary school
graduation rates of limited English proficient students and
that increase the number of eligible late-entering limited
English proficient students who pursue postsecondary education
opportunities;
``(14) the provision of support and assistance for
demonstration projects to provide comprehensive support
services to ensure that homeless students, or students who were
in foster care until the age of 18, enroll and succeed in
postsecondary education, including providing housing to such
students during periods when housing at the institution of
higher education is closed or generally unavailable to other
students;
``(15) the support of efforts to work with organizations
that are exempt from taxation under section 501(c)(3) of the
Internal Revenue Code of 1986 and institutions of higher
education that seek to promote cultural diversity in the
entertainment media industry including through the training of
students in production, marketing, and distribution of
culturally relevant content; and
``(16) the creation of consortia that join diverse
institutions of higher education to design and offer curricular
and co-curricular interdisciplinary programs at the
undergraduate and graduate levels, sustained for not less than
a 5 year period, that--
``(A) focus on poverty and human capability; and
``(B) include--
``(i) a service-learning component; and
``(ii) the delivery of educational services
through informational resource centers, summer
institutes, mid-year seminars, and other
educational activities that stress the effects
of poverty and how poverty can be alleviated
through different career paths.''.
(b) Scholarship Program for Family Members of Veterans or Members
of the Military; Center for Best Practices To Support Single Parent
Students.--Section 741 (20 U.S.C. 1138) is further amended by adding at
the end the following new subsections:
``(c) Scholarship Program for Family Members of Veterans or Members
of the Military.--
``(1) Authorization.--The Secretary shall contract with a
nonprofit organization with demonstrated experience in carrying
out the activities described in this subsection to carry out a
program to provide postsecondary education scholarships for
eligible students.
``(2) Eligible students.--In this subsection, the term
`eligible student' means an individual who is--
``(A)(i) a dependent student who is a child of--
``(I) an individual who is--
``(aa) serving on active duty
during a war or other military
operation or national emergency (as
defined in section 481); or
``(bb) performing qualifying
National Guard duty during a war or
other military operation or national
emergency (as defined in section 481);
or
``(II) a veteran who died while serving or
performing, as described in subclause (I),
since September 11, 2001, or has been disabled
while serving or performing, as described in
subclause (I), as a result of such event; or
``(ii) an independent student who--
``(I) is a spouse of an individual who is--
``(aa) serving on active duty
during a war or other military
operation or national emergency (as
defined in section 481); or
``(bb) performing qualifying
National Guard duty during a war or
other military operation or national
emergency (as defined in section 481);
or
``(II) was (at the time of the death of the
veteran) a spouse of a veteran who died while
serving or performing, as described in
subclause (I), since September 11, 2001, or has
been disabled while serving or performing, as
described in subclause (I), as a result of such
event; and
``(B) enrolled as a full-time or part-time student
at an institution of higher education (as defined in
section 102).
``(3) Awarding of scholarships.--Scholarships awarded under
this subsection shall be awarded based on need with priority
given to eligible students who are eligible to receive Federal
Pell Grants under subpart 1 of part A of title IV.
``(4) Maximum scholarship amount.--The maximum scholarship
amount awarded to an eligible student under this subsection for
an academic year shall be $5,000.
``(5) Amounts for scholarships.--All of the amounts
appropriated to carry out this subsection for a fiscal year
shall be used for scholarships awarded under this subsection,
except that a nonprofit organization receiving a contract under
this subsection may use not more than 1 percent of such amounts
for the administrative costs of the contract.
``(d) Center for Best Practices To Support Single Parent
Students.--
``(1) Program authorized.--The Secretary is authorized to
award 1 grant or contract to an institution of higher education
to enable such institution to establish and maintain a center
to study and develop best practices for institutions of higher
education to support single parents who are also students
attending such institutions.
``(2) Institution requirements.--The Secretary shall award
the grant or contract under this subsection to a 4-year
institution of higher education that has demonstrated expertise
in the development of programs to assist single parents who are
students at institutions of higher education, as shown by the
institution's development of a variety of targeted services to
such students, including on-campus housing, child care,
counseling, advising, internship opportunities, financial aid,
and financial aid counseling and assistance.
``(3) Center activities.--The center funded under this
section shall--
``(A) assist institutions implementing innovative
programs that support single parents pursuing higher
education;
``(B) study and develop an evaluation protocol for
such programs that includes quantitative and
qualitative methodologies;
``(C) provide appropriate technical assistance
regarding the replication, evaluation, and continuous
improvement of such programs; and
``(D) develop and disseminate best practices for
such programs.''.
(c) Prohibition.--Section 741 is further amended by adding after
subsection (d) (as added by subsection (b) of this section) the
following new subsection:
``(e) Prohibition.--No funds made available under this part may be
used to provide financial assistance--
``(1) to students who do not meet the requirements of
section 484(a)(5); or
``(2) to any institution of higher education after the date
of enactment of this subsection unless the institution
demonstrates to the Secretary that the institution meets or
exceeds the most current version of ASHRAE/IES Standard 90.1
(as such term is used in section 342(a)(6) of the Energy Policy
and Conservation Act (42 U.S.C. 6313(a)(6)) for any new
facilities construction or major renovation of that institution
after that date, except that this paragraph shall not apply
with respect to barns or greenhouses or similar structures
owned by the institution.''.
(d) Technical Amendments.--Part B of title VII (20 U.S.C. 1038 et
seq.) is further amended--
(1) in section 742 (20 U.S.C. 1138a)--
(A) in subsection (b)--
(i) by striking ``(1) In general.--''; and
(ii) by striking paragraph (2);
(B) in subsection (c), by striking ``and the
Director'' each place it appears; and
(C) in subsection (d), by striking ``Director'' and
inserting ``Secretary'';
(2) in section 743 (20 U.S.C. 1138b)--
(A) by striking ``(a) Technical Employees.--''; and
(B) by striking subsection (b); and
(3) in section 744(a) (20 U.S.C. 1138c(a)), by striking
``Director'' each place it appears and inserting ``Secretary''.
(e) Areas of National Need.--Section 744(c) (20 U.S.C. 1138c(c)) is
amended by adding at the end the following:
``(5) Establishment of academic programs including graduate
and undergraduate courses, seminars and lectures, support of
research, and development of teaching materials for the purpose
of supporting faculty and academic programs that teach
traditional American history (including significant
constitutional, political, intellectual, economic, diplomatic,
and foreign policy trends, issues, and documents; the history,
nature, and development of democratic institutions of which
American democracy is a part; and significant events and
individuals in the history of the United States).
``(6) Establishment of centers to incorporate education in
quality and safety into the preparation of medical and nursing
students, through grants to medical schools, nursing schools,
and osteopathic schools. Such grants shall be used to assist in
providing courses of instruction that specifically equip
students to understand the causes and remedies for medical
error, medically-induced patient injuries and complications,
and other defects in medical care; engage effectively in
personal and systemic efforts to continually reduce medical
harm; and improve patient care and outcomes, as recommended by
the Institute of Medicine.''.
(f) Authorization of Appropriations.--Section 745 (20 U.S.C. 1138d)
is amended by striking ``$30,000,000 for fiscal year 1999'' and
inserting ``$40,000,000 for fiscal year 2009''.
SEC. 707. URBAN-SERVING RESEARCH UNIVERSITIES.
Part C of title VII (20 U.S.C. 1139 et seq.) is amended to read as
follows:
``PART C--URBAN-SERVING RESEARCH UNIVERSITIES
``SEC. 751. PURPOSE; PROGRAM AUTHORIZED.
``(a) Purpose.--It is the purpose of this part to provide
incentives to urban-serving research universities to enable such
universities to expand research knowledge and to develop and implement
initiatives in partnership with community-based organizations and other
public or nonprofit private entities to strengthen city economies,
foster innovation and opportunity, and solve urban challenges.
``(b) Program Authorized.--The Secretary is authorized to award
grants to urban-serving research universities to enable such
universities to carry out the activities described in section 753 in
accordance with the provisions of this part.
``SEC. 752. APPLICATION FOR URBAN-SERVING RESEARCH UNIVERSITY GRANTS.
``(a) Application.--An urban-serving research university seeking
assistance under this part shall submit to the Secretary an application
at such time, in such manner, and containing such information as the
Secretary may reasonably require.
``(b) Priority in Selection of Applications.--The Secretary shall
give priority to applications that propose to conduct joint projects
supported by Federal, State, and local programs other than the program
under this Act. In addition, the Secretary shall give priority to
urban-serving research universities with a demonstrated record of
effective engagement in serving the communities in which such
universities are located.
``SEC. 753. ALLOWABLE ACTIVITIES.
``An urban-serving research university shall use funds awarded
under this part to further develop and apply research findings to the
development, implementation, and ongoing evaluation of--
``(1) systemic initiatives with elementary and secondary
schools and other educational organizations designed to--
``(A) improve teacher quality and retention; or
``(B) develop strategies to improve postsecondary
and workplace readiness, particularly in fields related
to science, technology, engineering, and mathematics;
``(2) innovative economic revitalization efforts in
conjunction with community-based organizations and other public
or nonprofit private entities; or
``(3) public health outreach, education, and intervention
activities designed to reduce health disparities in urban
areas, in partnership with community-based organizations and
other public or nonprofit private entities.
``SEC. 754. DEFINITIONS.
``As used in this part:
``(1) Urban area.--The term `urban area' means a city with
a population of not less than 200,000 within a metropolitan
statistical area.
``(2) Urban-serving research university.--The term `urban-
serving research university' means a public institution of
higher education that--
``(A) meets the requirements of section 101;
``(B) is located in an urban area;
``(C) has the capacity to conduct applicable
research, as demonstrated by awarding more than 10
doctoral degrees per academic year;
``(D) draws a substantial portion of its students
from the urban area in which such institution is
located; and
``(E) has demonstrated and sustained a sense of
responsibility to such urban area and the people of
such area.
``SEC. 755. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to carry out this part
$50,000,000 for fiscal year 2009 and such sums as may be necessary for
each of the 4 succeeding fiscal years.''.
SEC. 708. PROGRAMS TO ENSURE STUDENTS WITH DISABILITIES RECEIVE A
QUALITY HIGHER EDUCATION.
(a) Serving All Students With Disabilities.--Section 762(a) (20
U.S.C. 1140a(a)) is amended by striking ``students with learning
disabilities'' and inserting ``students with disabilities''.
(b) Authorized Activities.--
(1) Amendment.--Section 762(b)(2) is amended--
(A) in subparagraph (A)--
(i) by inserting ``, including methods and
strategies consistent with the principles of
universal design for learning'' after
``strategies''; and
(ii) by inserting ``in order to improve
retention and completion'' after
``disabilities'';
(B) by redesignating subparagraphs (B) and (C) as
subparagraphs (C) and (F), respectively;
(C) by inserting after subparagraph (A) the
following new subparagraph:
``(B) Effective transition practices.--The
development of innovative, effective, and efficient
teaching methods and strategies to ensure the smooth
transition of students with disabilities from high
school to postsecondary education.''; and
(D) by inserting after subparagraph (C) (as
redesignated by subparagraph (B) of this paragraph) the
following new subparagraphs:
``(D) Distance learning.--The development of
innovative, effective, and efficient teaching methods
and strategies to provide faculty and administrators
with the ability to provide accessible distance
education programs or classes that would enhance access
of students with disabilities to higher education,
including the use of accessible electronic
communication for instruction and advisement.
``(E) Accessibility of education.--Making
postsecondary education more accessible to students
with disabilities through the use of accessible
instructional materials and curriculum development,
consistent with the principles of universal design for
learning.''.
(2) Report.--Section 762 is further amended by adding at
the end the following new subsection:
``(d) Report.--Not later than 3 years after the date of enactment
of the College Opportunity and Affordability Act of 2008, the Secretary
shall prepare and disseminate a report reviewing the activities of the
demonstration projects authorized under this subpart and providing
guidance and recommendations on how successful projects can be
replicated.''.
(3) Conforming amendment.--Section 762(b)(3) is amended by
striking ``subparagraphs (A) through (C)'' and inserting
``subparagraphs (A) through (F)''.
(c) Applications.--Section 763 (20 U.S.C. 1140b) is amended--
(1) by amending paragraph (1) to read as follows:
``(1) a description of how such institution plans to
address the activities allowed under this subpart;'';
(2) in paragraph (2)--
(A) by striking ``institution to develop'' and
inserting ``institution, including students with
disabilities, to develop''; and
(B) by striking ``and'' at the end;
(3) by striking the period at the end of paragraph (3) and
inserting ``; and''; and
(4) by adding at the end the following new paragraph:
``(4) a description of the extent to which an institution
will work to replicate the best practices of institutions of
higher education with demonstrated success in serving students
with disabilities.''.
(d) Authorization of Appropriations for Demonstration Projects To
Ensure Students With Disabilities Receive a Quality Higher Education.--
Section 765 (20 U.S.C. 1140d) is amended by striking ``1999'' and
inserting ``2009''.
(e) National Technical Assistance Center; Commission on Accessible
Materials; Programs To Support Improved Access to Materials; Transition
Programs for Students With Intellectual Disabilities; Coordinating
Center.--Part D of title VII (20 U.S.C. 1140 et seq.) is further
amended--
(1) in the part heading, by striking ``demonstration
projects'' and inserting ``programs'';
(2) by inserting after the part heading the following:
``Subpart 1--Quality Higher Education'';
and
(3) by adding at the end the following:
``Subpart 2--National Technical Assistance Center; Commission on
Accessible Materials; Programs to Support Improved Access to Materials
``SEC. 766. NATIONAL CENTER.
``(a) Purpose.--It is the purpose of this subpart to support the
development of a national center to provide information and technical
assistance for students with disabilities to improve the postsecondary
recruitment, retention, and completion success rates of such students.
``(b) Establishment and Support.--The Office of Postsecondary
Education shall, by grant, contract, or cooperative agreement with an
eligible entity or partnership of two or more eligible entities,
provide for the establishment and support of a National Center for
Information and Technical Support for Postsecondary Students with
Disabilities (hereinafter in this subpart referred to as the `Center')
which shall carry out the duties set forth in subsection (d).
``(c) Eligible Entity.--In this subpart, the term `eligible entity'
means an institution of higher education or a private nonprofit
organization with demonstrated expertise in--
``(1) supporting postsecondary students with disabilities;
``(2) technical knowledge necessary for the accessible
dissemination of information; and
``(3) working with a diverse range of types of institutions
of higher education, including community colleges.
``(d) Duties.--The duties of the Center shall include the
following:
``(1) Assistance to students and families.--The Center
shall provide information and technical assistance to students
with disabilities and their families related to practices
supporting students across a broad spectrum of disabilities,
including--
``(A) information to assist prospective students
with disabilities in planning their postsecondary
academic career while they are in middle and secondary
school;
``(B) research-based supports, services, and
accommodations which are available in postsecondary
settings, including services provided by other agencies
such as vocational rehabilitation;
``(C) information on student mentoring and
networking opportunities; and
``(D) successful recruitment and transition
programs in existence in postsecondary institutions.
``(2) Assistance to institutions of higher education.--The
Center shall provide information and technical assistance to
faculty, staff, and administrators of institutions of higher
education to improve the services provided to, the
accommodations for, the retention rates of, and the completion
rates of, students with disabilities in higher education
settings, which may include--
``(A) collection and dissemination of promising
practices and materials for accommodation and support
of students with disabilities;
``(B) development and provision of training modules
for higher education faculty on exemplary practices for
accommodating and supporting students with disabilities
across a range of academic fields; and
``(C) development of Internet-based tutorials for
faculty, including graduate teaching assistants and new
faculty, on promising practices related to support and
retention of students with disabilities in
postsecondary education.
``(3) Information collection and dissemination.--The
Center shall be responsible for building, maintaining, and
updating a database of disability support services information
with respect to institutions of higher education, or for
expanding and updating an existing database of disabilities
support services information with respect to institutions of
higher education, which shall be available to the general
public through a website built to the highest technical
standards of accessibility currently practicable for the broad
spectrum of individuals with disabilities. Such database and
website shall include available information on--
``(A) disability documentation requirements;
``(B) support services available;
``(C) links to financial aid;
``(D) accommodations policies;
``(E) accessible instructional materials;
``(F) other topics relevant to students with
disabilities and prospective students with
disabilities; and
``(G) the information in the report described in
paragraph (5).
``(4) Professional standards for disability support
personnel.--The Center shall work with organizations and
individuals with proven expertise related to disability support
services for postsecondary students with disabilities to
consolidate, evaluate, improve upon, and disseminate
information related to professional standards and best
practices for disability support services personnel and offices
in institutions of higher education.
``(5) Review and report.--Not later than 3 years after the
establishment of the Center, and every 2 years thereafter, the
Center shall prepare and disseminate a report to Congress and
the Secretary analyzing the current condition of postsecondary
success for students with disabilities. Such report shall
include--
``(A) a review of the activities of the programs
authorized under this part;
``(B) annual enrollment and graduation rates of
students with disabilities in institutions of higher
education from existing data;
``(C) guidance on how successful postsecondary
supports and services for students with disabilities
could be widely implemented at institutions of higher
education;
``(D) guidance on how to reduce barriers to full
participation for students with disabilities in higher
education; and
``(E) a description of activities necessary to
facilitate a substantial improvement in the
postsecondary success of such students.
``(e) Staffing of the Center.--The Center shall employ disability
support personnel with proven expertise in providing training and
technical assistance to practitioners.
``SEC. 766A. ESTABLISHMENT OF ADVISORY COMMISSION ON ACCESSIBLE
INSTRUCTIONAL MATERIALS IN POSTSECONDARY EDUCATION FOR
STUDENTS WITH DISABILITIES.
``(a) Establishment.--
``(1) In general.--The Secretary shall establish a
commission to be known as the Advisory Commission on Accessible
Instructional Materials in Postsecondary Education for Students
with Disabilities, in this subpart referred to as the
`Commission'.
``(2) Membership.--
``(A) The Commission shall include one
representative of each of the following:
``(i) Department of Education Office of
Postsecondary Education.
``(ii) Department of Education Office of
Special Education and Rehabilitative Services.
``(iii) Department of Education Office for
Civil Rights.
``(iv) Library of Congress National Digital
Information and Infrastructure Preservation
Program Copyright Working Group.
``(v) Association on Higher Education and
Disability.
``(vi) Association of American Publishers.
``(vii) Association of American University
Presses.
``(viii) National Association of College
Stores.
``(ix) National Council on Disability.
``(B) The Commission shall be composed of at least
one but not more than two representatives, as appointed
by the Secretary, of each of the following:
``(i) Staff from institutions of higher
education with demonstrated experience teaching
or supporting students with print disabilities,
representing each of the following:
``(I) Large public institution of
higher education.
``(II) Small public institution of
higher education.
``(III) Large private institution
of higher education.
``(IV) Small private institution of
higher education.
``(V) Large community college.
``(VI) Small community college.
``(ii) Producers of materials in
specialized formats, including each of the
following:
``(I) Braille.
``(II) Audio or synthesized speech.
``(III) Digital media.
``(iii) Developers of accessibility and
publishing software and supporting
technologies.
``(iv) National organizations serving
individuals with visual impairments that have
demonstrated experience in technology
evaluation research, academic publishing,
production of material in accessible formats,
and educational methodologies for such for
individuals.
``(v) Postsecondary students with visual
impairment.
``(vi) Postsecondary students with dyslexia
or other learning disabilities related to
reading.
``(vii) Attorneys with expertise in
copyright law.
``(C) The Commission shall include at least two,
but not more than three, representatives as appointed
by the Secretary, of national membership organizations
representing individuals with print disabilities,
including each of the following:
``(i) Individuals with visual impairments.
``(ii) Individuals with learning
disabilities related to reading.
``(D) The appointments of the members of the
Commission shall be made not later than 45 days after
the date of enactment of the College Opportunity and
Affordability Act of 2008.
``(3) Period of appointment; vacancies.--Members shall be
appointed for the life of the Commission. Any vacancy in the
Commission shall not affect its powers, but shall be filled in
the same manner as the original appointment.
``(4) Initial meeting.--Not later than 30 days after the
date on which all members of the Commission have been
appointed, the Commission shall hold the Commission's first
meeting.
``(5) Meetings.--The Commission shall meet at the call of
the Chairperson. Meetings shall be publicly announced in
advance and open to the public.
``(6) Quorum.--A majority of the members of the Commission
shall constitute a quorum, but a lesser number of members may
hold hearings.
``(7) Chairperson and vice chairperson.--The Commission
shall select a chairperson and vice chairperson from among the
members of the Commission.
``(b) Duties of the Commission.--
``(1) Study.--
``(A) In general.--The Commission shall conduct a
thorough study to assess the barriers, systemic issues,
and technical solutions available which may affect or
improve the timely delivery and quality of accessible
instructional materials for postsecondary students,
faculty, and staff with print disabilities, and make
recommendations related to the development of a
comprehensive approach that will ensure that
postsecondary students with print disabilities can
access instructional materials in specialized formats
in a timeframe comparable to the availability of
standard instructional materials for students without
disabilities.
``(B) Existing information.--To the extent
practicable, in carrying out the study under this
paragraph, the Commission shall identify and use
existing research, recommendations, and information
from--
``(i) the Model Demonstration Programs to
Support Improved Access to Postsecondary
Instructional Materials for Students with Print
Disabilities, as described in section 766B;
``(ii) the Advisory Council and the
Technical Assistance and Development Centers of
the National Instructional Materials Access
Center;
``(iii) the Library of Congress National
Digital Information and Infrastructure
Preservation Program Copyright Working Group;
``(iv) the Association of Higher Education
and Disabilities E-Text Solutions Working
Group;
``(v) the Recording for the Blind and
Dyslexic's Technology Advisory Committee;
``(vi) the Association of American
Publishers Higher Education Division's Critical
Issues Task Force; and
``(vii) other existing research related to
the creation and distribution of accessible
instructional materials for students with print
disabilities.
``(C) Recommendations.--The Commission shall
develop recommendations to be used to inform Federal
regulation and legislation, to identify best practices
for systems of creating, collecting, maintaining,
processing, and disseminating materials in specialized
formats to eligible students, faculty, and staff while
providing adequate copyright protections. In developing
such recommendations, the Commission shall consider--
``(i) how to ensure that students with
print disabilities may obtain instructional
materials in accessible formats within a
timeframe comparable to the availability of
materials for students without disabilities;
``(ii) the feasibility and technical
parameters of establishing national
standardized electronic file formats such as,
but not limited to, the National Instructional
Materials Accessibility Standard as defined in
section 674(e)(3)(B) of the Individuals with
Disabilities Education Act, to be provided by
publishers of instructional materials to
producers of specialized formats, institutions
of higher education, and eligible students;
``(iii) the feasibility of the
establishment of a national clearinghouse,
repository, or file-sharing network for
electronic files in specialized formats and
files used in producing instructional materials
in specialized formats, and a list of possible
entities qualified to administer such a
clearinghouse, repository, or network;
``(iv) the feasibility of including such a
national clearinghouse, repository, or file-
sharing network in the duties of the Center
described in section 766;
``(v) market-based solutions involving
collaborations between publishers of
instructional materials, producers of
specialized formats, and institutions of higher
education, including--
``(I) barriers and opportunities to
market entry;
``(II) unique concerns affecting
university presses, small publishers,
and solutions incorporating such works
into a shared system; and
``(III) solutions utilizing
universal design;
``(vi) solutions for low-incidence, high-
cost requests for materials in specialized
formats; and
``(vii) definitions of instructional
materials, authorized entities, and eligible
students.
``(2) Report.--Not later than 24 months after the first
meeting, the Commission shall submit a report to the Secretary
and to Congress that shall contain a detailed statement of the
findings and conclusions of the Commission resulting from the
study under subsection (a), together with the Commission's
recommendations for such legislation and administrative actions
as the Commission considers to be appropriate to implement the
development of a comprehensive approach that will ensure that
postsecondary students with print disabilities can access
instructional materials in specialized formats in a timeframe
comparable to the availability of standard instructional
materials for students without disabilities.
``(3) Facilitation of exchange of information.--In carrying
out the study under subsection (a), the Commission shall, to
the extent practicable, facilitate the exchange of information
concerning the issues that are the subject of the study among--
``(A) officials of the Federal Government;
``(B) educators from Federal, State, and local
institutions of higher education and secondary schools;
``(C) publishers of instructional materials;
``(D) producers of materials in specialized
formats;
``(E) representatives from the community of
individuals with print disabilities; and
``(F) participants in the Model Demonstration
Programs to Support Improved Access to Postsecondary
Instructional Materials for Students with Print
Disabilities, as described in section 766B.
``(c) Commission Personnel Matters.--
``(1) Compensation of members.--Each member of the
Commission who is not an officer or employee of the Federal
Government shall serve without compensation. All members of the
Commission who are officers or employees of the United States
shall serve without compensation in addition to that received
for their services as officers or employees of the United
States.
``(2) Travel expenses.--The members of the Commission shall
be allowed travel expenses, including per diem in lieu of
subsistence, at rates authorized for employees of agencies
under subchapter I of chapter 57 of title 5, United States
Code, while away from their homes or regular places of business
in the performance of services for the Commission.
``(3) Staff.--
``(A) In general.--The Chairperson of the
Commission may, without regard to the civil service
laws and regulations, appoint and terminate an
executive director and such other additional personnel
as may be necessary to enable the Commission to perform
the Commission's duties. The employment of an executive
director shall be subject to confirmation by the
Commission.
``(B) Compensation.--The Chairperson of the
Commission may fix the compensation of the executive
director and other personnel without regard to the
provisions of chapter 51 and subchapter III of chapter
53 of title 5, United States Code, relating to
classification of positions and General Schedule pay
rates, except that the rate of pay for the executive
director and other personnel may not exceed the rate
payable for level V of the Executive Schedule under
section 5316 of such title.
``(4) Detail of government employees.--Any Federal
Government employee may be detailed to the Commission without
reimbursement, and such detail shall be without interruption or
loss of civil service status or privilege.
``(5) Procurement of temporary and intermittent services.--
The Chairperson of the Commission may procure temporary and
intermittent services under section 3109(b) of title 5, United
States Code, at rates for individuals that do not exceed the
daily equivalent of the annual rate of basic pay prescribed for
level V of the Executive Schedule under section 5316 of such
title.
``(d) Termination of the Commission.--The Commission shall
terminate on the date that is 90 days after the date on which the
Commission submits the Commission's report under subsection (b)(2).
``SEC. 766B. MODEL DEMONSTRATION PROGRAMS TO SUPPORT IMPROVED ACCESS TO
POSTSECONDARY INSTRUCTIONAL MATERIALS FOR STUDENTS WITH
PRINT DISABILITIES.
``(a) Purpose.--It is the purpose of this section to support model
demonstration programs to encourage the development of systems to
improve the timely delivery and quality of postsecondary instructional
materials in specialized formats to students with print disabilities,
including systems to improve efficiency and reduce duplicative efforts
across multiple institutions of higher education.
``(b) In General.--The Secretary shall, on a competitive basis,
award grants to, and enter into cooperative agreements with, a minimum
of one partnership of two or more eligible entities to support the
activities described in subsections (d) and (e).
``(c) Partnership of Eligible Entities.--In this section, a
partnership of two or more eligible entities--
``(1) shall include--
``(A) an institution of higher education with
demonstrated expertise in meeting the needs of students
with print disabilities, including retention and
completion of such students; and
``(B) a public or private entity with demonstrated
expertise in working with the creation of accessible
instructional materials in specialized formats for
postsecondary students with print disabilities, and the
technical development expertise necessary for the
efficient dissemination of such materials, including
procedures to protect against copyright infringement
with respect to the creation, use, and distribution of
print course materials in specialized formats; and
``(2) may include one or more publishers of instructional
materials.
``(d) Required Activities.--The Secretary shall support the
development and implementation of the following:
``(1) Processes and systems to help identify, and verify
eligibility of, postsecondary students with print disabilities
in need of instructional materials in specialized formats.
``(2) Procedures and systems to facilitate and simplify
request methods for accessible instructional materials in
specialized formats from eligible students, which may include a
single point-of-entry system.
``(3) Procedures and systems to coordinate between
institutions of higher education, publishers of instructional
materials, and entities that produce materials in specialized
formats, to efficiently facilitate requests for such materials,
the responses to such requests, and the delivery of such
materials.
``(4) Delivery systems that will ensure the timely
provision of instructional materials in specialized formats to
eligible students, which may include electronic file
distribution.
``(5) Systems to encourage reduction of duplicative
conversions of the same instructional materials for multiple
eligible students at multiple institutions of higher education
when such conversions may be shared.
``(6) Procedures to protect against copyright infringement
with respect to the creation, use, and distribution of
instructional materials while maintaining accessibility for
students with print disabilities, which may include digital
technologies such as watermarking, fingerprinting, and other
emerging strategies.
``(7) Awareness, outreach, and training activities for
faculty, staff, and students related to the acquisition and
dissemination of instructional materials in specialized formats
and instructional materials utilizing universal design.
``(8) Evaluation of the effectiveness of the programs under
this section.
``(9) Guidance on how successful procedures and systems
described in paragraphs (1) through (7) could be disseminated
and implemented on a national basis.
``(e) Authorized Activities.--The Secretary may support the
development and implementation of the following:
``(1) Approaches limited to instructional materials used in
smaller categories of postsecondary courses, such as
introductory, first-, and second-year courses.
``(2) Market-based approaches for making instructional
materials in specialized formats directly available to eligible
students at prices comparable to standard instructional
materials.
``(3) Approaches supporting a unified search across
multiple databases or lists of available materials.
``(f) Application.--A partnership of eligible entities that wishes
to apply for a grant under this section shall submit an application for
such grant at such time, in such manner and in such format as the
Secretary may prescribe. The application shall include information on
how the partnership will implement activities under subsection (d) and,
as applicable, subsection (e).
``(g) Priority.--In awarding grants under this section, the
Secretary shall give priority consideration to any applications that
include development and implementation of the procedures and systems
described in subsection (e)(2) or (e)(3).
``(h) Report to Congress.--Not later than 3 years after the date of
the first grant award under this section, the Secretary shall submit to
Congress a report that includes--
``(1) the number of grants and the amount of funds
distributed under this section;
``(2) a summary of the purposes for which the grants were
provided and an evaluation of the progress made under such
grants;
``(3) a summary of the activities implemented under
subsection (d) and, as applicable, subsection (e), including
data on the number of students served and the number of
instructional material requests executed and delivered in
specialized formats; and
``(4) an evaluation of the effectiveness of programs funded
under this section.
``(i) Model Expansion.--After 3 years, the Secretary shall review
the results of the evaluations of participating partnerships, as well
as the Commission report described in section 766A. If the Secretary
finds that models used under this section are effective in improving
the timely delivery and quality of materials in specialized formats and
provide adequate protections against copyright infringement, the
Secretary may expand the demonstration program to additional grantees
reflecting regional and programmatic partnerships.
``(j) Model Expansion Special Rule.--The Commission's
recommendations shall be submitted to the Secretary and a public
comment period shall be issued prior to any expansion under subsection
(i). No later than 90 days after close of public comment period, the
Secretary shall issue guidance to new and existing grantees, taking
into consideration the final Commission recommendations and public
comments.
``(k) Rule of Construction.--Nothing in this subpart shall be
construed to limit or preempt any State law requiring the production or
distribution of postsecondary instructional materials in accessible
formats to students with disabilities.
``SEC. 766C. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to carry out this subpart
such sums as may be necessary for fiscal year 2009 and each of the 4
succeeding fiscal years.
``Subpart 3--Transition Programs for Students With Intellectual
Disabilities Into Higher Education; Coordinating Center
``SEC. 767. PURPOSE.
``The purpose of this subpart is to support model demonstration
programs that promote the successful transition of students with
intellectual disabilities into higher education.
``SEC. 768. DEFINITIONS.
``In this Act:
``(1) Comprehensive transition and postsecondary program
for students with intellectual disabilities.--The term
`comprehensive transition and postsecondary program for
students with intellectual disabilities' means a degree,
certificate, or nondegree program that is--
``(A) offered by an institution of higher
education;
``(B) designed to support students with an
intellectual disability who are seeking to continue
academic, vocational, and independent living
instruction at an institution of higher education in
order to prepare for gainful employment and independent
living;
``(C) includes an advising and curriculum
structure; and
``(D) requires students to participate on at least
a half-time basis, as determined by the institution,
with such participation focusing on academic components
such as reading, language arts, or math, and occurring
through a combination of one or more of the following
activities:
``(i) Regular enrollment in courses offered
by the institution.
``(ii) Auditing or participating in courses
offered by the institution for which the
student does not receive regular academic
credit.
``(iii) Enrollment in noncredit, nondegree
courses.
``(iv) Participation in internships or
apprenticeships.
``(2) Student with an intellectual disability.--The term
`student with an intellectual disability' means a student who
is--
``(A) an individual whose mental retardation or
other significant cognitive impairment substantially
impacts the individual's intellectual and cognitive
functioning; and
``(B)(i) a student eligible for assistance under
the Individuals with Disabilities Education Act who has
completed secondary school; or
``(ii) an individual who was, but is no longer,
eligible for assistance under the Individuals with
Disabilities Education Act because the individual has
exceeded the maximum age for which the State in which
the student resides provides a free appropriate public
education.
``SEC. 769. MODEL COMPREHENSIVE TRANSITION AND POSTSECONDARY PROGRAMS
FOR STUDENTS WITH INTELLECTUAL DISABILITIES.
``(a) Grants Authorized.--
``(1) In general.--The Office of Postsecondary Education
shall annually award grants, on a competitive basis, to
institutions of higher education (or consortia of institutions
of higher education), to create or expand high-quality,
inclusive model comprehensive transition and postsecondary
programs for students with intellectual disabilities.
``(2) Duration of grants.--A grant under this section shall
be awarded for a period of 5 years.
``(b) Application.--An institution of higher education (or a
consortium) desiring a grant under this section shall submit an
application to the Office of Postsecondary Education at such time, in
such manner, and containing such information as the Office of
Postsecondary Education may require.
``(c) Preference.--In awarding grants under this section, the
Office of Postsecondary Education shall give preference to institutions
of higher education (or consortia) that--
``(1) are located in geographically diverse, underserved
areas; or
``(2) in the application submitted under subsection (b),
agree to incorporate 1 or more of the following elements into
the model programs carried out under the grant:
``(A) The formation of a partnership with any
relevant agency serving students with intellectual
disabilities, such as a vocational rehabilitation
agency.
``(B) In the case of an institution of higher
education that provides institutionally owned or
operated housing for students attending the
institution, the integration of students with
intellectual disabilities into such housing.
``(C) The involvement of students attending the
institution of higher education who are studying
special education, general education, vocational
rehabilitation, assistive technology, or related fields
in the model program carried out under the grant.
``(d) Use of Funds.--An institution of higher education (or
consortium) receiving a grant under this section shall use the grant
funds to establish a model comprehensive transition and postsecondary
program for students with intellectual disabilities that--
``(1) serves students with intellectual disabilities;
``(2) provides individual supports and services for the
academic and social inclusion of students with intellectual
disabilities in academic courses, extracurricular activities,
and other aspects of the institution of higher education's
regular postsecondary program;
``(3) with respect to the students with intellectual
disabilities participating in the model program, provides a
focus on--
``(A) academic enrichment;
``(B) socialization;
``(C) independent living, including self-advocacy
skills; and
``(D) integrated work experiences and career skills
that lead to gainful employment;
``(4) integrates person-centered planning in the
development of the course of study for each student with an
intellectual disability participating in the model program;
``(5) participates with the coordinating center established
under section 770 in the evaluation of the model program;
``(6) partners with 1 or more local educational agencies to
support the participation of students with intellectual
disabilities in the model program who are still eligible for
special education and related services under the Individuals
with Disabilities Education Act, including regarding the
utilization of funds available under part B of such Act for
such students;
``(7) plans for the sustainability of the model program
after the end of the grant period; and
``(8) creates and offers a meaningful credential for
students with intellectual disabilities upon the completion of
the model program.
``(e) Matching Requirement.--An institution of higher education
that receives a grant under this section shall provide matching funds
toward the cost of the model comprehensive transition and postsecondary
program for students with intellectual disabilities carried out under
the grant, which may be provided in cash or in kind, in an amount not
less than 25 percent of the amount of such grant funds.
``(f) Report.--Not later than 5 years after the date of the first
grant award under this section, the Office of Postsecondary Education
shall prepare and disseminate a report to the authorizing committees
and to the public that reviews the activities of the model
comprehensive transition and postsecondary programs for students with
intellectual disabilities authorized under this subpart and provides
guidance and recommendations on how successful programs can be
replicated.
``SEC. 770. COORDINATING CENTER FOR TECHNICAL ASSISTANCE, EVALUATION,
AND DEVELOPMENT OF STANDARDS.
``(a) In General.--
``(1) Award.--The Office of Postsecondary Education shall,
on a competitive basis, enter into a cooperative agreement with
an eligible entity, for the purpose of establishing a
coordinating center for technical assistance, evaluation, and
recommendations related to the development of accreditation
standards for institutions of higher education that offer
inclusive comprehensive transition and postsecondary programs
for students with intellectual disabilities.
``(2) Duration.--The cooperative agreement under this
section shall be for a period of 5 years.
``(b) Requirements of Cooperative Agreement.--The eligible entity
entering into a cooperative agreement under this section shall
establish and maintain a center that shall--
``(1) serve as the technical assistance entity for all
comprehensive transition and postsecondary programs for
students with intellectual disabilities assisted under section
769;
``(2) provide technical assistance regarding the
development, evaluation, and continuous improvement of such
programs;
``(3) develop an evaluation protocol for such programs that
includes qualitative and quantitative methodology measuring
student outcomes and program strengths in the areas of academic
enrichment, socialization, independent living, and competitive
or supported employment;
``(4) assist recipients of grants under section 769 in
efforts to award a meaningful credential to students with
intellectual disabilities upon the completion of such programs,
which credential takes into consideration unique State factors;
``(5) define the necessary components of such programs,
such as--
``(A) academic, vocational, social, and independent
living skills;
``(B) evaluation of student progress;
``(C) program administration and evaluation;
``(D) student eligibility; and
``(E) issues regarding the equivalency of a
student's participation in such programs to semester,
trimester, quarter, credit, or clock hours at an
institution of higher education, as the case may be;
``(6) analyze possible funding streams for such programs
and provide recommendations regarding funding streams;
``(7) develop model memoranda of agreement between
institutions of higher education and agencies providing funding
for such programs;
``(8) develop mechanisms for regular communication between
the recipients of grants under section 769 regarding such
programs;
``(9) host a meeting of all recipients of grants under
section 769 not less often than once each year; and
``(10) convene a workgroup to develop recommendations on
criteria, standards, and components of such programs as
described in paragraph (5), to include the participation of--
``(A) an expert in higher education;
``(B) an expert in special education;
``(C) a disability organization that represents
students with intellectual disabilities; and
``(D) a national, State, or regional accrediting
agency or association recognized by the Secretary under
subpart 2 of part H of title IV.
``(c) Report.--No later than 5 years after the date of the
establishment of the coordinating center under this section, such
center shall report to the Secretary, the Congress, and the National
Advisory Committee on Institutional Quality and Integrity on the
recommendations of the workgroup described in subsection (b)(10).
``(d) Definition of Eligible Entity.--In this section, the term
`eligible entity' means an entity, or a partnership of entities, that
has demonstrated expertise in the fields of higher education, students
with intellectual disabilities, the development of comprehensive
transition and postsecondary programs for students with intellectual
disabilities, evaluation, and technical assistance.
``SEC. 770A. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated such sums as may be
necessary to carry out this subpart for fiscal year 2009 and each of
the 4 succeeding fiscal years.''.
(f) Conforming Amendments.--Part D of title VII (20 U.S.C. 1140 et
seq.) is further amended--
(1) in section 761, by striking ``part'' and inserting
``subpart'';
(2) in section 762 (as amended by subsection (a)), by
striking ``part'' each place the term appears and inserting
``subpart'';
(3) in section 763, in the matter preceding paragraph (1),
by striking ``part'' and inserting ``subpart'';
(4) in section 764, by striking ``part'' and inserting
``subpart''; and
(5) in section 765, by striking ``part'' and inserting
``subpart''.
SEC. 709. SUBGRANTS TO NONPROFIT ORGANIZATIONS.
Section 771(e) (20 U.S.C. 1141(e)), as added by section 802 of the
College Cost Reduction and Access Act of 2007, is amended by inserting
after ``of this Act)'' the following: ``, or those who have agreements
with the Secretary under section 435(j)''.
SEC. 710. NURSING EDUCATION.
Title VII (20 U.S.C. 1133 et seq.) is further amended by adding at
the end the following new part:
``PART F--NURSING EDUCATION
``SEC. 776. ADDITIONAL CAPACITY FOR R.N. STUDENTS OR GRADUATE-LEVEL
NURSING STUDENTS.
``(a) Authorization.--The Secretary shall award grants to
institutions of higher education that offer--
``(1) a R.N. nursing program at the baccalaureate or
associate degree level to enable such program to expand the
faculty and facilities of such program to accommodate
additional R.N. nursing program students; or
``(2) a graduate-level nursing program to accommodate
advanced practice degrees for Registered Nurses or to
accommodate students enrolled in a graduate-level nursing
program to provide teachers of nursing students.
``(b) Determination of Number of Students and Application.--Each
institution of higher education that offers a program described in
subsection (a) that desires to receive a grant under this section
shall--
``(1) determine for the 4 academic years preceding the
academic year for which the determination is made the average
number of matriculated nursing program students, in each of the
institution's nursing programs (associate, baccalaureate, or
advanced nursing degree program), at such institution for such
academic years; and
``(2) submit an application to the Secretary at such time,
in such manner, and accompanied by such information as the
Secretary may require, including the average number in each of
the institution's nursing programs determined under paragraph
(1).
``(c) Grant Amount; Award Basis.--
``(1) Grant amount.--For each academic year after academic
year 2008-2009, the Secretary is authorized to provide to each
institution of higher education awarded a grant under this
section an amount that is equal to $3,000 multiplied by the
number of matriculated nursing program students at such
institution for such academic year that is more than the
average number determined with respect to such institution
under subsection (b)(1). Such amount shall be used for the
purposes described in subsection (a).
``(2) Distribution of grants among different degree
programs.--
``(A) In general.--Subject to subparagraph (B),
from the funds available to award grants under this
section for each fiscal year, the Secretary shall--
``(i) use 20 percent of such funds to award
grants under this section to institutions of
higher education for the purpose of
accommodating advanced practice degrees or
students in graduate-level nursing programs;
``(ii) use 40 percent of such funds to
award grants under this section to institutions
of higher education for the purpose of
expanding R.N. nursing programs at the
baccalaureate degree level; and
``(iii) use 40 percent of such funds to
award grants under this section to institutions
of higher education for the purpose of
expanding R.N. nursing programs at the
associate degree level.
``(B) Distribution of excess funds.--If, for a
fiscal year, funds described in clause (i), (ii), or
(iii) of subparagraph (A) remain available after the
Secretary awards grants under this section to all
applicants for the particular category of nursing
programs described in such clause, the Secretary shall
use equal amounts of the remaining funds to award
grants under this section to applicants for the
remaining categories of nursing programs.
``(C) Equitable distribution.--In awarding grants
under this section, the Secretary shall, to the extent
practicable, ensure--
``(i) an equitable geographic distribution
of the grants among the States; and
``(ii) an equitable distribution of the
grants among different types of institutions of
higher education.
``(d) Prohibition.--
``(1) Use of funds.--Funds provided under this section may
not be used for the construction of new facilities.
``(2) Rule of construction.--Nothing in paragraph (1) shall
be construed to prohibit funds provided under this section from
being used for the repair or renovation of facilities.
``SEC. 777. NURSE FACULTY PILOT PROJECT.
``(a) Purposes.--The purposes of this section are to create a pilot
program--
``(1) to provide scholarships to qualified nurses in
pursuit of an advanced degree with the goal of becoming faculty
members in an accredited nursing program; and
``(2) to provide grants to partnerships between accredited
schools of nursing and hospitals or health facilities to ensure
that those employees can earn a salary while obtaining an
advanced degree in nursing with the goal of becoming nurse
faculty.
``(b) Assistance Authorized.--
``(1) Competitive grants authorized.--The Secretary may, on
a competitive basis, award grants to, and enter into contracts
and cooperative agreements with, partnerships composed of an
accredited school of nursing at an institution of higher
education and a hospital or health facility to establish not
more than 5 pilot projects to enable such hospital or health
facility to retain its staff of experienced nurses while
providing a mechanism to have such nurses become, through an
accelerated nursing education program, faculty members of an
accredited school of nursing.
``(2) Duration; evaluation and dissemination.--
``(A) Duration.--Grants under this section shall be
awarded for a period of 3 to 5 years.
``(B) Mandatory evaluation and dissemination.--
Grants under this section shall be primarily used for
evaluation, and dissemination to other institutions of
higher education, of the information obtained through
the activities described in subsection (a)(2).
``(3) Considerations in making awards.--In awarding grants
and entering into contracts and cooperative agreements under
this section, the Secretary shall consider the following:
``(A) Geographic distribution.--Providing an
equitable geographic distribution of such grants.
``(B) Rural and urban areas.--Distributing such
grants to urban and rural areas.
``(C) Range and type of institution.--Ensuring that
the activities to be assisted are developed for a range
of types and sizes of institutions of higher education,
including institutions providing alternative methods of
delivery of instruction in addition to on-site
learning.
``(D) Prior experience or exceptional programs.--
The extent to which institutions of higher education
have demonstrated prior experience in providing
advanced nursing education programs to prepare nurses
interested in pursuing a faculty role.
``(4) Uses of funds.--Funds made available by grant,
contract, or cooperative agreement under this section may be
used--
``(A) to develop a new national demonstration
initiative to align nursing education with the emerging
challenges of healthcare delivery; and
``(B) for any one or more of the following
innovations in educational programs:
``(i) To develop a clinical simulation
laboratory in a hospital, health facility, or
accredited school of nursing.
``(ii) To purchase distance learning
technologies and to expand methods of delivery
of instruction to include alternatives in
addition to on-site learning.
``(iii) To fund release time for qualified
nurses enrolled in the graduate nursing
program.
``(iv) To provide for faculty salaries.
``(v) To collect and analyze data on
educational outcomes.
``(c) Applications.--Each partnership desiring to receive a grant,
contract, or cooperative agreement under this section shall submit an
application to the Secretary at such time, in such manner, and
accompanied by such information as the Secretary may require. Each
application shall include assurances that--
``(1) the individuals enrolled in the program will be
qualified nurses in pursuit of a master's or doctoral degree in
nursing and have a contractual obligation with the hospital or
health facility that is in partnership with the institution of
higher education;
``(2) the hospital or health facility of employment will be
the clinical site for the accredited school of nursing program
if the program requires a clinical site;
``(3) individuals enrolled in the program will maintain
their employment on at least a part-time basis with the
hospital or health facility that allowed them to participate in
the program, and will receive an income from the hospital or
health facility, as at least a part-time employee, and release
times or flexible schedules to accommodate their program
requirements, as necessary; and
``(4) upon completion of the program, such individuals will
be required to teach for 2 years in an accredited school of
nursing for each year of support the individual received under
this program.
``(d) Definition.--For purposes of this section, the term `health
facility' means an Indian Health Service center, a Native Hawaiian
health center, a hospital, a federally qualified health center, a rural
health clinic, a nursing home, a home health agency, a hospice program,
a public health clinic, a State or local department of public health, a
skilled nursing facility, or an ambulatory surgical center.
``(e) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section not more than $10,000,000 for
fiscal year 2009 and such sums as may be necessary for each of the 4
succeeding fiscal years.''.
SEC. 711. NATIONAL STUDY ON HIGHER EDUCATION ACCESS AND SUCCESS FOR
STUDENTS WITH DISABILITIES.
(a) Study.--The Comptroller General shall conduct a study of the
barriers to, and opportunities for, the full participation of students
with disabilities in institutions of higher education. The study shall
address--
(1) the extent to which, and manner in which, students with
disabilities are--
(A) prepared to participate in postsecondary
education upon enrollment;
(B) applying to different types of institutions of
higher education;
(C) accepted into different types of institutions
of higher education;
(D) enrolling in and attending different types of
institutions of higher education;
(E) utilizing financial aid programs; and
(F) completing programs of study at different types
of institutions of higher education;
(2) factors that influence the accessibility of higher
education for a broad spectrum of students with different
disabilities, including--
(A) physical access;
(B) communication and outreach in accessible
formats, including websites, admissions information,
financial aid information, and other general
information;
(C) availability of accessible instructional
materials in a timely manner;
(D) financial factors; and
(E) eligibility for, and ability to access,
adequate support services;
(3) the provision of accommodations for students with
disabilities on college entrance and graduate admissions tests,
including--
(A) the frequency of, and approval rate for,
accommodations requests;
(B) documentation requirements for accommodations
requests and criteria used to determine if an
accommodation is appropriate; and
(C) challenges facing students in accessing
reasonable accommodations on such tests;
(4) the effectiveness and capacity of disability support
services in helping to recruit, retain, and support students
with disabilities to complete their programs of study, and the
role of disability support services relative to other
departments in institutions of higher education, including--
(A) the number of staff working in disability
support services offices;
(B) the budgets of disability support services
offices; and
(C) the placement of the disability support
services offices within the administrative structure of
the institutions of higher education;
(5) the extent to which institutions of higher education
provide assistance to students with disabilities to coordinate
with, and receive services from, other support programs that
may be available to such students, including services provided
by local educational agencies, vocational rehabilitation
agencies, Social Security, Medicaid, and other Federal, State,
and local programs; and
(6) in institutions of higher education that have been
effective in recruiting and graduating students with
disabilities, the factors that may contribute to such
effectiveness, including--
(A) faculty and staff preparation related to
working with students with disabilities;
(B) program characteristics;
(C) accommodations and supports available; and
(D) any other relevant factors.
(b) Report.--The Comptroller General shall submit a report
regarding the results of the study under subsection (a) to the
authorizing committees (as defined in section 103 of the Higher
Education Act of 1965 (20 U.S.C. 1003)) no later than 24 months after
the date of the enactment of this Act.
TITLE VIII--ADDITIONAL PROGRAMS
SEC. 801. ADDITIONAL PROGRAMS.
The Higher Education Act of 1965 is further amended by adding at
the end the following new title:
``TITLE VIII--ADDITIONAL PROGRAMS
``SEC. 800. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to carry out this title
such sums as may be necessary for fiscal year 2009 and each of the 4
succeeding fiscal years.
``PART A--LOW TUITION
``SEC. 801. INCENTIVES AND REWARDS FOR LOW TUITION.
``(a) Rewards for Low Tuition.--
``(1) Grants.--From funds made available under section 800,
the Secretary shall award grants to institutions of higher
education that, for academic year 2008-2009 or any succeeding
academic year: (A) have an annual net tuition increase
(expressed as a percentage) for the most recent academic year
for which satisfactory data is available that is equal to or
less than the percentage change in the postsecondary education
price index for such academic year; (B) are public institutions
of higher education that have a net tuition that is in the
lowest quartile of comparable institutions; or (C) are public
institutions of higher education that have a tuition increase
of less than $500 for a full-time undergraduate student.
``(2) Use of funds.--Funds awarded to an institution of
higher education under paragraph (1) shall be distributed by
the institution in the form of need-based grant aid to students
who are eligible for Federal Pell Grants, except that no
student shall receive an amount under this section that would
cause the amount of total financial aid received by such
student to exceed the cost of attendance of the institution.
``(b) Rewards for Guaranteed Tuition.--
``(1) Bonus.--For each institution of higher education that
the Secretary determines complies with the requirements of
paragraph (2) or (3) of this subsection, the Secretary shall
provide to such institution a bonus amount. Such institution
shall award the bonus amount in the form of need-based aid
first to students who are eligible for Federal Pell Grants who
were in attendance at the institution during the award year
that such institution satisfied the eligibility criteria for
maintaining low tuition and fees, then to students who are
eligible for Federal Pell Grants who were not in attendance at
the institution during such award year.
``(2) 4-year institutions.--An institution of higher
education that provides a program of instruction for which it
awards a bachelor's degree complies with the requirements of
this paragraph if--
``(A) for a public institution of higher education,
such institution's tuition is in the lowest quartile of
comparable institutions; or
``(B) for any institution of higher education, such
institution guarantees that for any academic year (or
the equivalent) beginning on or after July 1, 2008, and
for each of the 4 succeeding continuous academic years,
the net tuition charged to an undergraduate student
will not exceed--
``(i) for a public institution of higher
education, $500 per year for a full-time
undergraduate student; or
``(ii) for any other institution of higher
education--
``(I) the amount that the student
was charged for an academic year at the
time he or she first enrolled in the
institution of higher education, plus
``(II) the product of the
percentage increase in the higher
education price index for the prior
academic year, or the most recent prior
academic year for which data is
available, multiplied by the amount
determined under subclause (I).
``(3) Less-than 4-year institutions.--An institution of
higher education that does not provide a program of instruction
for which it awards a bachelor's degree complies with the
requirements of this paragraph if--
``(A) for a public institution of higher education,
such institution's tuition is in the lowest quartile of
comparable institutions; or
``(B) for any institution of higher education, such
institution guarantees that for any academic year (or
the equivalent) beginning on or after July 1, 2008, and
for each of the 1.5 succeeding continuous academic
years, the net tuition charged to an undergraduate
student will not exceed--
``(i) for a public institution of higher
education, $500 per year for a full-time
undergraduate student; or
``(ii) for any other institution of higher
education--
``(I) the amount that the student
was charged for an academic year at the
time he or she first enrolled in the
institution of higher education, plus
``(II) the product of the
percentage increase in the higher
education price index for the prior
academic year, or the most recent prior
academic year for which data is
available, multiplied by the amount
determined under subclause (I).
``(c) Maintaining Affordable Tuition.--
``(1) Institution reports.--If an institution of higher
education has an increase in annual net tuition (expressed as a
percentage), for the most recent academic year for which
satisfactory data is available, that is greater than the
percentage increase in the postsecondary education price index
for such academic year, and, with respect to any public
institution of higher education, has a tuition that is not in
the lowest quartile of comparable institutions the institution
or a representative association is required to submit to the
Secretary the following information, within 6 months of such
determination:
``(A) A report on the factors contributing to the
increase in the institution's costs and the increase in
net tuition and fees charged to students, including
identification of the major areas in the institution's
budget with the greatest cost increases.
``(B) The institution's 3 most recent Form 990s
submitted to the Internal Revenue Service, as required
under section 6033 of the Internal Revenue Code of
1986.
``(C) A description of the major areas of
expenditures in the institution's budget with the
greatest increase for such academic year.
``(D) A description of actions being taken by the
institution to reduce net tuition.
``(2) Report to congress.--The Secretary shall compile the
information submitted under this subsection and shall provide
to the authorizing committees an annual report relating to such
information.
``(d) Definitions.--In this section:
``(1) Net tuition.--The term `net tuition' means the
average tuition and fees charged to a full-time undergraduate
student by an institution of higher education for an academic
year, minus the average grant amount received by such a student
for such academic year.
``(2) Postsecondary education price index.--The term
`postsecondary education price index' means the postsecondary
education price index developed pursuant to section 133(i).
``PART B--COOPERATIVE EDUCATION
``SEC. 811. STATEMENT OF PURPOSE; DEFINITION.
``(a) Purpose.--It is the purpose of this part to award grants to
institutions of higher education or combinations of such institutions
to encourage such institutions to develop and make available to as many
of their students as possible work experience that will aid such
students in future careers and will enable such students to support
themselves financially while in school.
``(b) Definition.--In this part the term `cooperative education'
means the provision of alternating or parallel periods of academic
study and public or private employment to give students work
experiences related to their academic or occupational objectives and an
opportunity to earn the funds necessary for continuing and completing
their education.
``SEC. 812. RESERVATIONS.
``(a) Reservations.--Of the amount appropriated to carry out this
part under section 800 in each fiscal year--
``(1) not less than 50 percent shall be available for
awarding grants to institutions of higher education and
combinations of such institutions described in section
813(a)(1)(A) for cooperative education under section 813;
``(2) not less than 25 percent shall be available for
awarding grants to institutions of higher education described
in section 813(a)(1)(B) for cooperative education under section
813;
``(3) not to exceed 11 percent shall be available for
demonstration projects under paragraph (1) of section 814(a);
``(4) not to exceed 11 percent shall be available for
training and resource centers under paragraph (2) of section
814(a); and
``(5) not to exceed 3 percent shall be available for
research under paragraph (3) of section 814(a).
``(b) Availability of Appropriations.--Appropriations under this
part shall not be available for the payment of compensation of students
for employment by employers under arrangements pursuant to this part.
``SEC. 813. GRANTS FOR COOPERATIVE EDUCATION.
``(a) Grants Authorized.--
``(1) In general.--The Secretary is authorized, from the
amount available to carry out this part under section 800 in
each fiscal year and in accordance with the provisions of this
part--
``(A) to award grants to institutions of higher
education or combinations of such institutions that
have not received a grant under this paragraph in the
10-year period preceding the date for which a grant
under this section is requested to pay the Federal
share of the cost of planning, establishing, expanding,
or carrying out programs of cooperative education by
such institutions or combinations of institutions; and
``(B) to award grants to institutions of higher
education that are operating an existing cooperative
education program as determined by the Secretary to pay
the cost of planning, establishing, expanding, or
carrying out programs of cooperative education by such
institutions.
``(2) Program requirement.--Cooperative education programs
assisted under this section shall provide alternating or
parallel periods of academic study and of public or private
employment, giving students work experience related to their
academic or occupational objectives and the opportunity to earn
the funds necessary for continuing and completing their
education.
``(3) Amount of grants.--
``(A) The amount of each grant awarded pursuant to
paragraph (1)(A) to any institution of higher education
or combination of such institutions in any fiscal year
shall not exceed $500,000.
``(B)(i) Except as provided in clauses (ii) and
(iii), the Secretary shall award grants in each fiscal
year to each institution of higher education described
in paragraph (1)(B) that has an application approved
under subsection (b) in an amount which bears the same
ratio to the amount reserved pursuant to section
812(a)(2) for such fiscal year as the number of
unduplicated students placed in cooperative education
jobs during the preceding fiscal year by such
institution of higher education (other than cooperative
education jobs under section 814 and as determined by
the Secretary) bears to the total number of all such
students placed in such jobs during the preceding
fiscal year by all such institutions.
``(ii) No institution of higher education shall
receive a grant pursuant to paragraph (1)(B) in any
fiscal year in an amount which exceeds 25 percent of
such institution's cooperative education program's
personnel and operating budget for the preceding fiscal
year.
``(iii) The minimum annual grant amount which an
institution of higher education is eligible to receive
under paragraph (1)(B) is $1,000 and the maximum annual
grant amount is $75,000.
``(4) Limitation.--The Secretary shall not award grants
pursuant to paragraphs (1)(A) and (B) to the same institution
of higher education or combination of such institution in any
one fiscal year.
``(5) Uses.--Grants under paragraph (1)(B) shall be used
exclusively--
``(A) to expand the quality of and participation in
a cooperative education program;
``(B) for outreach in new curricular areas; and
``(C) for outreach to potential participants
including underrepresented and nontraditional
populations.
``(b) Applications.--Each institution of higher education or
combination of such institutions desiring to receive a grant under this
section shall submit an application to the Secretary at such time and
in such manner as the Secretary shall prescribe. Each such application
shall--
``(1) set forth the program or activities for which a grant
is authorized under this section;
``(2) specify each portion of such program or activities
which will be performed by a nonprofit organization or
institution other than the applicant, and the compensation to
be paid for such performance;
``(3) provide that the applicant will expend during the
fiscal year for which the grant is awarded for the purpose of
such program or activities not less than the amount expended
for such purpose during the previous fiscal year;
``(4) describe the plans which the applicant will carry out
to assure, and contain a formal statement of the institution's
commitment which assures, that the applicant will continue the
cooperative education program beyond the 5-year period of
Federal assistance described in subsection (c)(1) at a level
which is not less than the total amount expended for such
program during the first year such program was assisted under
this section;
``(5) provide that, in the case of an institution of higher
education that provides a 2-year program which is acceptable
for full credit toward a bachelor's degree, the cooperative
education program will be available to students who are
certificate or associate degree candidates and who carry at
least one-half of the normal full-time academic workload;
``(6) provide that the applicant will--
``(A) make such reports as may be necessary to
ensure that the applicant is complying with the
provisions of this section, including reports for the
second and each succeeding fiscal year for which the
applicant receives a grant with respect to the impact
of the cooperative education program in the previous
fiscal year, including--
``(i) the number of unduplicated student
applicants in the cooperative education
program;
``(ii) the number of unduplicated students
placed in cooperative education jobs;
``(iii) the number of employers who have
hired cooperative education students;
``(iv) the income for students derived from
working in cooperative education jobs; and
``(v) the increase or decrease in the
number of unduplicated students placed in
cooperative education jobs in each fiscal year
compared to the previous fiscal year; and
``(B) keep such records as may be necessary to
ensure that the applicant is complying with the
provisions of this part, including the notation of
cooperative education employment on the student's
transcript;
``(7) describe the extent to which programs in the academic
disciplines for which the application is made have had a
favorable reception by public and private sector employers;
``(8) describe the extent to which the institution is
committed to extending cooperative education on an institution-
wide basis for all students who can benefit;
``(9) describe the plans that the applicant will carry out
to evaluate the applicant's cooperative education program at
the end of the grant period;
``(10) provide for such fiscal control and fund accounting
procedures as may be necessary to assure proper disbursement
of, and accounting for, Federal funds paid to the applicant
under this part;
``(11) demonstrate a commitment to serving all underserved
populations at the institution; and
``(12) include such other information as may be necessary
to carry out the provisions of this part.
``(c) Duration of Grants; Federal Share.--
``(1) Duration of grants.--No individual institution of
higher education may receive, individually or as a participant
in a combination of such institutions--
``(A) a grant pursuant to subsection (a)(1)(A) for
more than 5 fiscal years; or
``(B) a grant pursuant to subsection (a)(1)(B) for
more than 5 fiscal years.
``(2) Federal share.--The Federal share of a grant under
subsection (a)(1)(A) may not exceed--
``(A) 85 percent of the cost of carrying out the
program or activities described in the application in
the first year the applicant receives a grant under
this section;
``(B) 70 percent of such cost in the second such
year;
``(C) 55 percent of such cost in the third such
year;
``(D) 40 percent of such cost in the fourth such
year; and
``(E) 25 percent of such cost in the fifth such
year.
``(3) Special rule.--Any provision of law to the contrary
notwithstanding, the Secretary shall not waive the provisions
of this subsection.
``(d) Maintenance of Effort.--If the Secretary determines that a
recipient of funds under this section has failed to maintain the fiscal
effort described in subsection (b)(3), then the Secretary may elect not
to make grant payments under this section to such recipient.
``(e) Factors for Special Consideration of Applications.--
``(1) In general.--In approving applications under this
section, the Secretary shall give special consideration to
applications from institutions of higher education or
combinations of such institutions for programs which show the
greatest promise of success because of--
``(A) the extent to which programs in the academic
discipline with respect to which the application is
made have had a favorable reception by public and
private sector employers;
``(B) the strength of the commitment of the
institution of higher education or combination of such
institutions to cooperative education as demonstrated
by the plans and formalized institutional commitment
statement which such institution or combination has
made to continue the program after the termination of
Federal financial assistance;
``(C) the extent to which the institution or
combination of institutions is committed to extending
cooperative education for all students who can benefit;
and
``(D) such other factors as are consistent with the
purposes of this section.
``(2) Additional special consideration.--The Secretary
shall also give special consideration to applications from
institutions of higher education or combinations of such
institutions which demonstrate a commitment to serving all
underserved populations attending such institutions.
``SEC. 814. DEMONSTRATION AND INNOVATION PROJECTS; TRAINING AND
RESOURCE CENTERS; AND RESEARCH.
``(a) Authorization.--The Secretary is authorized, in accordance
with the provisions of this section, to make grants and enter into
contracts--
``(1) from the amounts available in each fiscal year under
section 812(a)(3), for the conduct of demonstration projects
designed to demonstrate or determine the feasibility or value
of innovative methods of cooperative education;
``(2) from the amounts available in each fiscal year under
section 812(a)(4), for the conduct of training and resource
centers designed to--
``(A) train personnel in the field of cooperative
education;
``(B) improve materials used in cooperative
education programs if such improvement is conducted in
conjunction with other activities described in this
paragraph;
``(C) furnish technical assistance to institutions
of higher education to increase the potential of the
institution to continue to conduct a cooperative
education program without Federal assistance;
``(D) encourage model cooperative education
programs which furnish education and training in
occupations in which there is a national need;
``(E) support partnerships under which an
institution carrying out a comprehensive cooperative
education program joins with one or more institutions
of higher education in order to (i) assist the
institution that is not the institution carrying out
the cooperative education program to develop and expand
an existing program of cooperative education, or (ii)
establish and improve or expand comprehensive
cooperative education programs; and
``(F) encourage model cooperative education
programs in the fields of science and mathematics for
women and minorities who are underrepresented in such
fields; and
``(3) from the amounts available in each fiscal year under
section 812(a)(5), for the conduct of research relating to
cooperative education.
``(b) Administrative Provision.--
``(1) In general.--To carry out this section, the Secretary
may--
``(A) make grants to or contracts with institutions
of higher education, or combinations of such
institutions; and
``(B) make grants to or contracts with other public
or private nonprofit agencies or organizations,
whenever such grants or contracts will make an
especially significant contribution to attaining the
objectives of this section.
``(2) Limitation.--
``(A) The Secretary may not use more than 3 percent
of the amount appropriated to carry out this section in
each fiscal year to enter into contracts described in
paragraph (1)(A).
``(B) The Secretary may use not more than 3 percent
of the amount appropriated to carry out this section in
each fiscal year to enter into contracts described in
paragraph (1)(B).
``(c) Supplement Not Supplant.--A recipient of a grant or contract
under this section may use the funds provided only so as to supplement
and, to the extent possible, increase the level of funds that would, in
the absence of such funds, be made available from non-Federal sources
to carry out the activities supported by such grant or contract, and in
no case to supplant such funds from non-Federal sources.
``PART C--COLLEGE PARTNERSHIP GRANTS
``SEC. 821. COLLEGE PARTNERSHIP GRANTS AUTHORIZED.
``(a) Grants Authorized.--From the amount appropriated to carry out
this part under section 800, the Secretary shall award grants to
eligible partnerships for the purposes of developing and implementing
articulation agreements.
``(b) Eligible Partnerships.--For purposes of this part, an
eligible partnership shall include at least two institutions of higher
education, or a system of institutions of higher education, and may
include either or both of the following:
``(1) A consortia of institutions of higher education.
``(2) A State higher education agency.
``(c) Priority.--The Secretary shall give priority to eligible
partnerships that--
``(1) are located in a State that is in compliance with
section 486A; or
``(2) include--
``(A) 1 or more junior or community colleges (as
defined by section 312(f) of this Act) that award
associate's degrees; and
``(B) 1 or more institutions of higher education
that offer a baccalaureate or post baccalaureate degree
not awarded by the institutions described in
subparagraph (A) with which it is partnered.
``(d) Mandatory Use of Funds.--Grants awarded under this part shall
be used for--
``(1) the development of policies and programs to expand
opportunities for students to earn bachelor's degrees, by
facilitating the transfer of academic credits between
institutions and expanding articulation and guaranteed transfer
agreements between institutions of higher education, including
through common course numbering and general education core
curriculum;
``(2) academic program enhancements; and
``(3) programs to identify and remove barriers that inhibit
student transfers, including technological and informational
programs.
``(e) Optional Use of Funds.--Grants awarded under this part may be
used for--
``(1) support services to students participating in the
program, such as tutoring, mentoring, and academic and personal
counseling; and
``(2) any service that facilitates the transition of
students between the partner institutions.
``(f) Prohibition.--No funds provided under this section shall be
used to financially compensate an institution for the purposes of
entering into an articulation agreement or for accepting students
transferring into such institution.
``(g) Applications.--Any eligible partnership that desires to
obtain a grant under this section shall submit to the Secretary an
application at such time, in such manner, and containing such
information or assurances as the Secretary may require.
``(h) Regulations.--The Secretary shall prescribe such regulations
as may be necessary to carry out this section.
``(i) Definition.--For purposes of this section, the term
`articulation agreement' means an agreement between institutions of
higher education that specifies the acceptability of courses in
transfer toward meeting specific degree requirements.
``PART D--STUDENT SUCCESS GRANTS
``SEC. 826. STUDENT SUCCESS GRANTS.
``(a) Authorization of Pilot Program.--From the amount appropriated
to carry out this part under section 800, the Secretary is authorized
to award grants on a competitive basis to eligible institutions for the
purposes of helping low-income students succeed in persisting in and
completing postsecondary education and training programs.
``(b) Definitions.--
``(1) Eligible institution.--In this section, the term
`eligible institution' means an institution of higher education
in which, during the three-year period preceding the year in
which the institution is applying for a grant under this
section, an average of not less than 50 percent of the
institution's entering first-year students are enrolled in
developmental courses to bring reading, writing, or mathematics
skills up to college-level.
``(2) Eligible student.--In this section, the term
`eligible student' means a student who--
``(A) is eligible to receive assistance under
section 401;
``(B) is a first-year student at the time of
entering the pilot program; and
``(C) is selected by an eligible institution to
participate in the pilot program.
``(c) Application.--An eligible institution seeking a grant under
this section shall submit an application to the Secretary at such time,
in such manner, and containing such information as the Secretary may
require.
``(d) Student Success Grant Amount.--For an award year, each
institution selected to participate in this pilot program shall receive
an amount equal to $1,500 multiplied by the number of students the
institution selects to participate in the pilot program in such year.
An institution shall not select more than 200 students to participate
in the pilot program under this section during such year.
``(e) Priority for Replication of Evidence-Based Policies and
Practices.--The Secretary shall give priority to applications submitted
by eligible institutions that propose to replicate policies and
practices that have proven effective in increasing persistence and
completion by low-income students or students in need of developmental
education.
``(f) Peer Review.--The Secretary shall convene a peer review
process to review applications for grants under this section and to
make recommendations to the Secretary regarding the selection of
grantees. Members of the peer review committee shall include
researchers and practitioners who are recognized experts on services
and policies to increase low income student success in postsecondary
education and training. No member of the committee shall be in a
position to benefit financially from the grants to eligible
institutions under subsection (d).
``(g) Mandatory Uses.--An eligible institution that receives a
grant under this section shall use the grant funds to assign a Student
Success Coach to every first-year student participating in the pilot
program to provide intensive career and academic advising, ongoing
personal help in navigating college services such as financial aid and
registration, and assistance in connecting to community resources that
can help students overcome family and personal challenges to success.
Student Success Coaches--
``(1) shall work with not more than 50 new students during
any academic period;
``(2) may be employees of academic departments, student
services offices, community-based organizations, or other
entities as deemed appropriate by the institution; and
``(3) shall meet with each eligible student selected for
the pilot program before registration for courses.
``(h) Permissible Uses.--An eligible institution that receives a
grant under this section may use the grant funds to provide services
and program innovations for students participating in the pilot,
including the following:
``(1) College and career success courses, with tuition and
fees for the course covered by the Student Success Grant. These
courses may cover college success topics, including how to take
notes, how to study, how to take tests, and how to budget time,
and may also include a substantial career exploration
component. Institutions may use such courses to help students
develop a College and Career Success Plan so that by the end of
the first semester the students have a clear sense of their
career goals and what classes to take to achieve such goals.
``(2) Work-study jobs with private employers in the
students' fields of study.
``(3) Learning communities that ensure that students
participating in the pilot are clustered together for at least
two courses beginning in the first semester after enrolling and
have other opportunities to create and maintain bonds that
allow them to provide academic and social support to each
other.
``(4) Curricular redesign, which may include such
innovations as `blended' or accelerated remediation classes
that help Student Success Grant recipients to attain college-
level reading, writing, math skills (or a combination thereof)
more rapidly than traditional remediation formats allow, and
intensive skills refresher classes, offered prior to each
semester, to help students who have tested into remedial
coursework to reach entry level assessment scores for the
postsecondary programs they wish to enter.
``(5) Instructional support, such as learning labs,
supplemental instruction, and tutoring.
``(6) Assistance with support services, such as child care
and transportation.
``(i) Grant Period; Additional Technical Assistance.--
``(1) Grant period.--Grants made under this section shall
be for a period of not less than 60 months.
``(2) Additional technical assistance.--After 36 months,
the Secretary shall review the performance of the Student
Success Grant pilot program students at each institution, and
if no significant improvements have been made by Student
Success Grant pilot program students in persistence and
completion at an institution, then the Secretary shall provide
additional technical assistance to help the institution improve
outcomes.
``(j) Required Non-Federal Share.--
``(1) In general.--Each institution participating in the
pilot program under this section shall provide a non-Federal
match of 25 percent of the amount of grant to carry out the
activities of the pilot program. The non-Federal share under
this section may be provided in cash or in kind.
``(2) Effect on need analysis.--For the purpose of
calculating a student's need in accordance with part F of this
title, services or benefits under this section shall not be
considered to be an asset or income of the student or the
students parents.
``(k) Technical Assistance.--The Secretary shall enter into
contracts with private entities to provide such technical assistance to
grantees under this section as the Secretary determines appropriate.
``(l) Evaluation.--
``(1) Outcome evaluations.--The Secretary shall conduct an
evaluation of program outcomes under the pilot program, and
shall disseminate to the public the findings from the
evaluation and information on best practices. The Secretary is
encouraged to partner with other providers of funds, such as
private foundations, to allow for use of an experimental or
quasi-experimental evaluation in at least one of the pilot
program sites.
``(2) Institutional participation.--As a condition of
receiving grants under this section, participating institutions
shall work with the evaluator to track persistence and
completion outcomes for students in the pilot program,
specifically the proportion of these students who take and
complete developmental education courses, the proportion who
take and complete college-level coursework, and the proportion
who complete certificates and degrees. This data shall be
broken down by race, ethnicity, and age and the evaluator shall
assist institutions in analyzing this data to compare Student
Success Grant pilot program participants to comparable
nonparticipants, using statistical techniques to control for
differences in the groups.
``(3) Annual reports.--Participating institutions under
this section shall report on the data specified in paragraph
(2) annually and the Secretary shall make this data publicly
available.
``PART E--JOBS TO CAREERS
``SEC. 831. GRANTS TO CREATE BRIDGES FROM JOBS TO CAREERS.
``(a) Authorization of Program.--From amounts appropriated to carry
out this part under section 800, the Secretary shall award grants, on a
competitive basis, to institutions of higher education for the purposes
of improving developmental education, including English language
instruction, by customizing developmental education to student career
goals, and helping students move rapidly from developmental coursework
into for-credit occupational program courses and through program
completion. The grants under this section shall focus in particular on
creating bridges to for-credit occupational certificate programs that
are articulated to degree programs.
``(b) Application.--An eligible institution seeking a grant under
this section shall submit an application to the Secretary at such time,
in such manner, and containing such information as the Secretary may
require.
``(c) Priorities.--The Secretary shall give priority to
applications that--
``(1) are from institutions of higher education in which
not less than 50 percent of the institution's entering first-
year students who are subject to mandatory assessment, are
assessed as needing developmental courses to bring reading,
writing, or mathematics skills up to college-level; and
``(2) propose to replicate practices that have proven
effective with adults or propose to collaborate with adult
education providers.
``(d) Peer Review.--The Secretary shall convene a peer review
process to review applications for grants under this section and to
make recommendations to the Secretary regarding the selection of
grantees.
``(e) Mandatory Activity.--An eligible institution that receives a
grant under this section shall use the grant funds to create workforce
bridge programs that customize developmental education curricula,
including English language instruction, to the content of the for-
credit occupational certificate or degree programs, or clusters of such
programs, in which developmental education students seek to enroll.
Such bridge programs may include those that integrate the curricula and
the instruction of both developmental and college-level coursework or
that dually enroll students in remediation and college-level
coursework.
``(f) Permissible Activities.--An eligible institution that
receives a grant under this section, in addition to creating workforce
bridge programs, may use the grant funds to carry out the following:
``(1) Design and implement innovative ways to improve
retention in and completion of developmental education courses,
including enrolling students in cohorts, accelerating course
content, integrating remediation and college-level curricula
and instruction, dually enrolling students in developmental and
college-level courses, tutoring, providing counseling and other
supportive services, and giving small, material incentives for
attendance and performance.
``(2) In consultation with faculty in the appropriate
departments, redesignating class schedules to meet the needs of
working adults, such as by creating evening, weekend, modular,
compressed, distance-learning formats, or other alternative
schedules.
``(3) Improving the quality of teaching in remedial courses
through professional development, reclassification of such
teaching positions, or other means the eligible institution
determines appropriate.
``(4) Any other activities the eligible institution and the
Secretary determine will promote retention of, and completion
by, students attending institutions of higher education.
``(5) Fully advise students on the range of options and
programs available, which may include: diploma; certification;
2-year degree; associate's degree; transfer degree to upper
division; and career options.
``(g) Grant Period.--Grants made under this section shall be for a
period of not less than 36 months and not more than 60 months.
``(h) Technical Assistance.--The Secretary shall provide technical
assistance to grantees under this section throughout the grant period.
``(i) Evaluation.--The Secretary shall conduct an evaluation of
program impacts under the demonstration program, and shall disseminate
to the public the findings from the evaluation and information on best
practices. The Secretary is encouraged to partner with other providers
of funds, such as private foundations, to allow for use of a random
assignment evaluation in at least one of the demonstration sites.
``(j) Definition of Institution.--In this section, the term
`institution of higher education' means an institution of higher
education as defined in section 101(a).
``PART F--PROJECT GRAD
``SEC. 836. PROJECT GRAD.
``(a) Purposes.--The purposes of this part are--
``(1) to provide support and assistance to programs
implementing integrated education reform services in order to
improve secondary school graduation and college attendance and
completion rates for disadvantaged students; and
``(2) to promote the establishment of new programs to
implement such integrated education reform services.
``(b) Grant Authorized.--From the amount appropriated to carry out
this part under section 800, the Secretary is authorized to award a
grant to Project GRAD USA (referred to in this part as the `grantee'),
a nonprofit educational organization that has as its primary purpose
the improvement of secondary school graduation and college attendance
and completion rates for disadvantaged students, to implement and
sustain the integrated education reform services described in
subsection (d)(3) at existing Project GRAD program sites and to promote
the expansion of such programs to new sites.
``(c) Requirements of Grant Agreement.--The Secretary shall enter
into an agreement with the grantee that requires that the grantee
shall--
``(1) enter into subcontracts with nonprofit educational
organizations that serve a substantial number or percentage of
low-income students (referred to in this part as
`subcontractors'), under which the subcontractors agree to
implement the programs described in subsection (d) and provide
matching funds for such programs;
``(2) directly carry out--
``(A) activities to implement and sustain the
literacy, mathematics, classroom management, social
service, and college access programs further described
in subsection (d)(3);
``(B) activities to build the organizational and
management capacity of the subcontractors to
effectively implement and sustain the programs;
``(C) activities for the purpose of improving and
expanding the programs, including but not limited to
activities to further articulate a program for one or
more grade levels and across grade levels, to tailor a
program for a particular target audience, and provide
tighter integration across programs;
``(D) activities for the purpose of implementing
new Project GRAD program sites;
``(E) activities for the purpose of promoting
greater public awareness of integrated education reform
services to improve secondary school graduation and
college attendance rates for disadvantaged students;
and
``(F) other activities directly related to
improving secondary school graduation and college
attendance and completion rates for disadvantaged
students; and
``(3) use grant funds available under this part to pay--
``(A) the amount determined under subsection
(f)(1); and
``(B) costs associated with carrying out the
activities and providing the services, as provided in
paragraph (2) of this subsection.
``(d) Supported Programs.--
``(1) Designation.--The subcontractor programs referred to
in subsection (c)(1) shall be known as Project GRAD programs.
``(2) Feeder patterns.--Each subcontractor shall implement
a Project GRAD program and shall, with the agreement of the
grantee--
``(A) identify or establish not less than one
`feeder pattern' of public schools, where `feeder
pattern' is defined as a high school and the elementary
schools and middle schools that channel students into
that high school; and
``(B) provide the integrated educational reform
services described in paragraph (3) at the identified
feeder pattern or feeder patterns.
``(3) Integrated education reform services.--The services
provided through a Project GRAD program may include--
``(A) research-based programs in reading,
mathematics, and classroom management;
``(B) campus-based social services programs,
including a systematic approach to increase family and
community involvement in the schools served by the
Project GRAD program;
``(C) a college access program that includes--
``(i) providing college scholarships for
students who meet established criteria;
``(ii) proven approaches for increasing
student and family college awareness; and
``(iii) assistance for such students in
applying for higher education financial aid;
and
``(D) such other services identified by the grantee
as necessary to increase secondary school graduation
and college attendance and completion rates.
``(e) Use of Funds.--Of the funds made available to carry out this
part under section 800, not more than 8 percent of such funds, or
$4,000,000, whichever is less, shall be used by the grantee to pay for
administration of the grant, with the remainder of funds to be used for
the purposes described in subsections (c)(1) and (2).
``(f) Grantee Contribution and Matching Requirement.--
``(1) In general.--The grantee shall provide to each
subcontractor an average of $200 for each pupil served by the
subcontractor in the Project GRAD program, adjusted to take
into consideration--
``(A) the resources available in the area where the
subcontractor will implement the Project GRAD program;
and
``(B) the need for Project GRAD programs in such
area to improve student outcomes.
``(2) Matching requirement.--Each subcontractor shall
provide funds for the Project GRAD program in an amount that is
equal to the amount received by the subcontractor from the
grantee. Such matching funds may be provided in cash or in
kind, fairly evaluated.
``(3) Waiver authority.--The grantee may waive, in whole or
in part, the requirement of paragraph (2) for a subcontractor,
if the subcontractor--
``(A) demonstrates that it would not otherwise be
able to participate in the program; and
``(B) enters into an agreement with the grantee
with respect to the amount to which the waiver will
apply.
``(4) Decrease in grantee share.--Based on the funds or
resources available to a subcontractor, the grantee may elect
to provide the subcontractor with an amount that is less than
the amount determined under paragraph (1).
``(g) Evaluation.--
``(1) Evaluation by the secretary.--The Secretary shall
select an independent entity to evaluate, every 3 years, the
performance of students who participate in a Project GRAD
program under this part. The evaluation shall--
``(A) be conducted using a rigorous research design
for determining the effectiveness of the Project GRAD
programs funded under this part; and
``(B) compare reading and mathematics achievement
and, where applicable, the secondary school graduation,
college attendance, and college completion rates of
students who participate in a Project GRAD program
funded under this part with those indicators for
students of similar backgrounds who do not participate
in such program.
``(2) Evaluation by grantee and subcontractors.--
``(A) In general.--The grantee shall require each
subcontractor to prepare an in-depth report of the
results and the use of funds of each Project GRAD
program funded under this part that includes--
``(i) data on the reading and mathematics
achievement of students involved in the Project
GRAD program;
``(ii) statistics on secondary school
graduation, college attendance, and college
completion rates; and
``(iii) such financial reporting as
required by the Secretary to review the
effectiveness and efficiency of the program.
``(B) Form of report.--The report shall be in a
form and include such content as shall be determined by
the grantee, in consultation with the Secretary or the
entity selected by the Secretary to evaluate the
Project GRAD programs in accordance with paragraph (1).
``(3) Availability of evaluations.--Copies of any
evaluation or report prepared under this subsection shall be
made available to--
``(A) the Secretary; and
``(B) the chairperson and ranking member of the
authorizing committees.
``(h) Definitions.--In this part the term `low-income student'
means a student who is determined by a local educational agency to be
from a low-income family using the measures described in section
1113(a)(5) of the Elementary and Secondary Education Act of 1965 (20
U.S.C. 6313(a)(5)).
``PART G--IMPROVING COLLEGE ENROLLMENT BY SECONDARY SCHOOLS
``SEC. 841. IMPROVING COLLEGE ENROLLMENT BY SECONDARY SCHOOLS.
``(a) In General.--From the amount appropriated to carry out this
part under section 800, the Secretary shall award a grant to one
nonprofit organization described in subsection (b) to enable the
nonprofit organization--
``(1) to make publicly available the year-to-year higher
education enrollment rate trends of secondary school students,
disaggregated by secondary school, in compliance with the
Family Education Rights and Privacy Act of 1974;
``(2) to identify not less than 50 urban local educational
agencies and 5 States with significant rural populations, each
serving a significant population of low-income students, and to
carry out a comprehensive needs assessment in the agencies and
States of the factors known to contribute to improved higher
education enrollment rates, which factors shall include--
``(A) an evaluation of the local educational
agency's and State's leadership strategies;
``(B) the secondary school curriculum and class
offerings of the local educational agency and State;
``(C) the professional development used by the
local educational agency and the State to assist
teachers, higher education counselors, and
administrators in supporting the transition of
secondary students into higher education;
``(D) secondary school student attendance and other
factors demonstrated to be associated with enrollment
into higher education;
``(E) the data systems used by the local
educational agency and the State to measure college
enrollment rates and the incentives in place to
motivate the efforts of faculty and students to improve
student and school-wide outcomes; and
``(F) strategies to mobilize student leaders to
build a college-bound culture; and
``(3) to provide comprehensive services to improve the
school-wide higher education enrollment rates of each of not
less than 10 local educational agencies and States, with the
federally funded portion of each project declining by not less
than 20 percent each year beginning in the second year of the
comprehensive services, that--
``(A) participated in the needs assessment
described in paragraph (2); and
``(B) demonstrated a willingness and commitment to
improving the higher education enrollment rates of the
local educational agency or State, respectively.
``(b) Grant Recipient Criteria.--The recipient of the grant awarded
under subsection (a) shall be a nonprofit organization with
demonstrated expertise--
``(1) in increasing school-wide higher education enrollment
rates in low-income communities nationwide by providing
curriculum, training, and technical assistance to secondary
school staff and student peer influencers; and
``(2) in a college transition data management system.
``PART H--DIPLOMA MILL PREVENTION
``SEC. 851. PURPOSE; DEFINITIONS.
``(a) Purpose.--The purpose of this part is to protect institutions
of higher education, businesses and other employers, professional
licensing boards, patients and clients of degree holders, taxpayers,
and other individuals from any person claiming to possess a legitimate
academic degree that in fact was issued by a fraudulent or nonexistent
school, by a non-educational entity posing as a school, or by any
entity in violation of Federal or State law.
``(b) Definitions.--In this part:
``(1) Degree-granting institution.--The term `degree-
granting institution' means any entity that offers or confers
an academic, professional, or occupational degree, diploma, or
certificate, if such degree, diploma, or certificate may be
used to represent to the general public that the individual
possessing such degree, diploma, or certificate has completed a
program of education or training beyond secondary education.
``(2) Diploma mill.--The term `diploma mill' means any
entity that--
``(A) lacks valid accreditation by an agency
recognized by a Federal agency or a State government or
other organization or association that recognizes
accrediting agencies as a valid accrediting agency of
institutions of higher education; and
``(B) offers degrees, diplomas, or certifications,
for a fee, that may be used to represent to the general
public that the individual possessing such a degree,
diploma, or certification has completed a program of
education or training beyond secondary education, but
little or no education or course work is required to
obtain such a degree, diploma, or certification.
``(3) Institution of higher education.--The term
`institution of higher education' has the meaning given such
term in section 102.
``SEC. 852. RECOGNIZED ACCREDITING AGENCIES AND INSTITUTIONS.
``(a) Lists Maintained by the Department of Education.--Not later
than 30 days after the date of the enactment of this part, the
Secretary of Education shall make available (in a regularly updated,
electronic format) to the Secretary of Homeland Security and the heads
of other appropriate Federal agencies, a list of--
``(1) accrediting agencies and associations, recognized by
the Secretary of Education under section 496, or, at the
discretion of the Secretary, other organizations involved in
accreditation;
``(2) eligible institutions, as defined under section
435(a); and
``(3) to the extent practicable, foreign degree-granting
institutions that--
``(A) have degree-granting authority, as granted by
the appropriate agency or ministry of jurisdiction in
the home country of such institution;
``(B) issue degrees that are accepted for
professional licensure, public employment, and
admission into graduate programs of degree-granting
institutions in the home country (as determined by the
Secretary of State);
``(C) are determined by the Secretary of Education
to be academically equivalent to an eligible
institution, as defined in section 435(a); and
``(D) are located in a home country that is capable
of performing an effective academic evaluation of the
degree-granting institutions to which it issues degree-
granting authority, as determined by the Secretary of
State, in consultation with the Secretary of Education,
for the purposes of assisting the Secretary of Homeland Security and
the heads of such Federal agencies to determine, for immigration and
Federal employment and hiring purposes, the legitimacy of degree-
granting institutions and degrees issued by such institutions.
``(b) Revisions to Lists.--The Secretary of Education shall modify
and maintain the lists described in subsection (a) as necessary to
ensure that the lists and the information contained in the lists are
accurate and up-to-date, based on the most recent information available
to the Secretary.
``(c) Notice of Recognition.--To be eligible to receive funds under
title IV, each eligible institution described in subsection (a)(2)
shall, not later than 60 days after the date of the enactment of this
part, prominently display on the institution's Internet website a
notice indicating that the institution is recognized by the Secretary
of Education as a legitimate institution for immigration and Federal
employment and hiring purposes. If the Secretary of Education
determines that an institution no longer qualifies as a legitimate
degree-granting institutions described in subsection (a)(2), and
removes the institution from the list maintained under such subsection,
the institution shall, not later than 15 days after the removal of the
institution from such list, delete the notice required by this
subsection from the institution's Internet website.
``SEC. 853. ACCREDITING AGENCIES.
``No accrediting agency or association may be considered to be a
reliable authority as to the quality of education or training offered
by a degree-granting institution for any purpose related to
immigration, Federal employment and hiring practices, or for any other
Federal purposes, unless the agency or association is on the list of
accrediting agencies and associations recognized by the Secretary of
Education and provided to the Secretary of Homeland Security under
section 852. The Secretary may consult with other organizations, such
as the Council for Higher Education Accreditation, for such purposes.
``SEC. 854. TASK FORCE.
``(a) Task Force Established.--The Secretary of Education shall
establish within the Department of Education the Diploma Mill Task
Force (referred to in this part as the `Task Force').
``(b) Membership.--
``(1) Number and appointment.--The Task Force shall, if
practicable, be composed of 19 members, as follows:
``(A) The Assistant Secretary of Education for
Postsecondary Education.
``(B) A representative of the Department of
Education with experience related to the determination
of the legitimacy and quality of degrees from foreign
institutions of higher education, selected by the
Secretary of Education.
``(C) A representative of the Department of
Justice, selected by the Attorney General.
``(D) A representative of the Federal Trade
Commission, selected by the Chairman of such agency.
``(E) A representative of the Secret Service,
selected by the Director of the Secret Service.
``(F) A representative of the Department of State,
selected by the Secretary of State.
``(G) A representative of the Department of
Homeland Security, selected by the Secretary of
Homeland Security.
``(H) A representative of the Office of Personnel
Management, selected by the Director of such Office.
``(I) A representative of a national accreditation
association.
``(J) A representative of a national organization
representing collegiate registrars and admissions
officers.
``(K) Two representatives of State degree approval
agencies, selected by agreement of at least 3 of the
Speaker of the House of Representatives, the Senate
majority leader, the House minority leader, and the
Senate minority leader.
``(L) Two representatives from regionally
accredited institutions of higher education, selected
by agreement of at least 3 of the Speaker of the House
of Representatives, the Senate majority leader, the
House minority leader, and the Senate minority leader.
``(M) One representative from a nationally
accredited institution of higher education, selected by
agreement of at least 3 of the Speaker of the House of
Representatives, the Senate majority leader, the House
minority leader, and the Senate minority leader.
``(N) Four individuals from the general population
with experience in higher education, the detection of
fraudulent degrees and degree-granting institutions, or
law enforcement related to credential fraud, selected
as follows:
``(i) One individual selected by the
Speaker of the House of Representatives.
``(ii) One individual selected by the
minority leader of the House of
Representatives.
``(iii) One individual selected by the
majority leader of the Senate.
``(iv) One individual selected by the
minority leader of the Senate.
``(2) Criteria for membership.--All members of the Task
Force shall be persons who are especially qualified to serve on
the Task Force by virtue of their education, training, or
experience, particularly in the fields of higher education,
accreditation of institutions of higher education, foreign
higher education standards, State regulation of institutions of
higher education, immigration, Federal employment requirements
and hiring practices, or fraud prevention, detection, or
enforcement.
``(3) Terms.--Each member shall be appointed for the life
of the Task Force.
``(4) Vacancies.--A vacancy in the Task Force shall be
filled in the manner in which the original appointment was
made.
``(5) Chair.--At the first meeting of the Task Force, the
members of the Task Force shall elect a member of the Task
Force to serve as Chair.
``(c) Duties.--
``(1) Guidelines.--The Task Force shall develop guidelines,
to be used for the development of Federal legislation, to
identify degree-granting institutions as legitimate or
fraudulent degree-granting institutions for Federal purposes.
In developing such guidelines, the Task Force shall consider--
``(A) characteristics of degree-granting
institutions that help determine the legitimacy of the
institution, such as whether an entity--
``(i) offers or confers degrees, diplomas,
or certificates--
``(I) for little or no meaningful
academic work;
``(II) without requiring an
appropriate level of academic
achievement for the attainment of such
degrees, diplomas, or certificates; or
``(III) without imposing academic
or other requirements for admittance
into the institutions or programs
offering such degrees, diplomas, or
certificates;
``(ii) has fiscal and administrative
structures and capacity appropriate to the
specified scale of educational operations;
``(iii) has resources to support claims as
a degree-granting institution, including
curricula, qualified faculty, facilities,
equipment, and supplies, student support
services, objectives of the degrees or
credentials offered, admissions practices,
academic calendars and catalogs, and a grading
system; and
``(iv) has degree-granting authority issued
by the States in which degrees, or instruction
leading to degrees, are offered, and is
recognized by such States as an approved
institution of higher education;
``(B) the feasibility of defining the term
`fraudulent degree-granting institution' (commonly
referred to as `diploma mills'), and if feasible, shall
define such term to propose for use in Federal laws and
regulations;
``(C) issues related to--
``(i) the detection of new and existing
fraudulent degree-granting institutions;
``(ii) recognition and prevention of the
practices used by such fraudulent degree-
granting institutions to avoid detection;
``(iii) the enforcement of laws and
regulations prohibiting such fraudulent degree-
granting institutions and practices and the use
of fraudulent degrees; and
``(iv) the prosecution of such fraudulent
degree-granting institutions and practices and
the use of fraudulent degrees;
``(D) difficulties in identifying fraudulent
degree-granting institutions located in foreign
countries, or that claim recognition or degree-granting
authority from foreign countries;
``(E) means to alert and educate the public about
fraudulent degree-granting institutions and the use of
fraudulent degrees;
``(F) laws, regulations, and other means used by
States to address fraudulent degree-granting
institutions and the use of fraudulent degrees;
``(G) the potential need for coordination and
cooperation among various Federal agencies to
investigate and prosecute suspected fraudulent degree-
granting institutions, and the detailed recommendations
of the Task Force regarding such coordination and
cooperation;
``(H) the study and the report to the Task Force
required under this section; and
``(I) the purposes for which various agencies of
the United States need to identify fraudulent degree-
granting institutions, and identify, prohibit, and
prevent the use of degrees issued by such fraudulent
institutions, and the ability of such agencies to
implement any guidelines considered by the Task Force.
``(2) Development of federal plan.--The Task Force shall
develop a strategic diploma integrity protection plan (referred
to in this section as the `Plan') to address the sale and use
of fraudulent degrees for Federal purposes. The Plan shall
include the following:
``(A) Recommendations to Congress regarding the
implementation by Federal agencies of the guidelines
developed under paragraph (1).
``(B) Recommendations to the Federal Trade
Commission regarding the application of the guidelines
developed under paragraph (1) to any rulemaking under
section 856 and to the enforcement of the rules
promulgated under such section.
``(3) Submission of report to congress.--Not later than one
year after the date of the enactment of this part, the Task
Force shall submit to the appropriate congressional committees
a report, including--
``(A) the guidelines developed under paragraph (1);
``(B) the Plan developed under paragraph (2); and
``(C) a legislative proposal for consideration by
Congress.
``SEC. 855. SENSE OF THE CONGRESS REGARDING USE BY STATES OF THE
FEDERAL PLAN AS GUIDELINES.
``It is the sense of the Congress that--
``(1) each State should implement a strategic diploma
integrity plan similar to any strategic diploma integrity plan
developed under section 854, to the extent practicable and as
soon as practicable after the date of the adoption of such a
plan under such section; and
``(2) States may adopt more stringent standards than those
standards contained in the Federal strategic diploma integrity
plan and used by agencies of the United States to identify
fraudulent degree-granting institutions operating within such
State, except that State law does not preempt Federal law as
applied to the employment and hiring practices of Federal
employees working in such State.
``SEC. 856. UNFAIR AND DECEPTIVE ACTS AND PRACTICES REGARDING DIPLOMAS
AND PROFESSIONAL CERTIFICATIONS.
``Not later than 180 days after the date of enactment of this part,
the Secretary shall request in writing that the Federal Trade
Commission shall develop a plan to address diploma mills based on
section 18 of Federal Trade Commission Act (15 U.S.C. 57a).
``PART I--STUDENT SAFETY AND CAMPUS EMERGENCY MANAGEMENT
``SEC. 861. STUDENT SAFETY AND CAMPUS EMERGENCY MANAGEMENT.
``(a) Grants Authorized.--
``(1) In general.--From the amount appropriated to carry
out this part under section 800, the Secretary is authorized to
award grants, on a competitive basis, to institutions of higher
education or consortia of institutions of higher education to
enable institutions of higher education or consortia to pay the
Federal share of the cost of carrying out the authorized
activities described in subsection (c).
``(2) Consultation with the attorney general and the
secretary of homeland security.--Where appropriate, the
Secretary shall award grants under this section in consultation
with the Attorney General of the United States and the
Secretary of Homeland Security.
``(3) Duration.--The Secretary shall award each grant under
this section for a period of 2 years.
``(4) Limitation on institutions and consortia.--An
institution of higher education or consortium shall be eligible
for only 1 grant under this section.
``(b) Federal Share; Non-Federal Share.--
``(1) In general.--The Federal share of the activities
described in subsection (c) shall be 50 percent.
``(2) Non-federal share.--The institution of higher
education or consortium shall provide the non-Federal share,
which may be provided from other Federal, State, and local
resources dedicated to emergency preparedness and response.
``(c) Authorized Activities.--Each institution of higher education
or consortium receiving a grant under this section may use the grant
funds to carry out 1 or more of the following:
``(1) Developing and implementing a state-of-the-art
emergency communications system for each campus of an
institution of higher education or consortium, in order to
contact students via cellular, text message, or other state-of-
the-art communications methods when a significant emergency or
dangerous situation occurs. An institution or consortium using
grant funds to carry out this paragraph shall also, in
coordination with the appropriate State and local emergency
management authorities--
``(A) develop procedures that students, employees,
and others on a campus of an institution of higher
education or consortium will be directed to follow in
the event of a significant emergency or dangerous
situation; and
``(B) develop procedures the institution of higher
education or consortium shall follow to inform, within
a reasonable and timely manner, students, employees,
and others on a campus in the event of a significant
emergency or dangerous situation, which procedures
shall include the emergency communications system
described in this paragraph.
``(2) Supporting measures to improve safety at the
institution of higher education or consortium, such as--
``(A) security assessments;
``(B) security training of personnel and students
at the institution of higher education or consortium;
``(C) where appropriate, coordination of campus
preparedness and response efforts with local law
enforcement, local emergency management authorities,
and other agencies, to improve coordinated responses in
emergencies among such entities;
``(D) establishing a hotline that allows a student
or staff member at an institution or consortium to
report another student or staff member at the
institution or consortium who the reporting student or
staff member believes may be a danger to the reported
student or staff member or to others; and
``(E) acquisition and installation of access
control, video surveillance, intrusion detection, and
perimeter security technologies and systems.
``(3) Coordinating with appropriate local entities the
provision of mental health services for students and staff of
the institution of higher education or consortium, including
mental health crisis response and intervention services for
students and staff affected by a campus or community emergency.
``(d) Application.--Each institution of higher education or
consortium desiring a grant under this section shall submit an
application to the Secretary at such time, in such manner, and
containing such information as the Secretary may require.
``(e) Technical Assistance.--The Secretary shall coordinate
technical assistance provided by State and local emergency management
agencies, the Department of Homeland Security, and other agencies as
appropriate, to institutions of higher education or consortia that
request assistance in developing and implementing the activities
assisted under this section.
``(f) Rule of Construction.--Nothing in this section shall be
construed--
``(1) to provide a private right of action to any person to
enforce any provision of this section;
``(2) to create a cause of action against any institution
of higher education or any employee of the institution for any
civil liability; or
``(3) to affect the Family Educational Rights and Privacy
Act of 1974 or the regulations issued under section 264 of the
Health Insurance Portability and Accountability Act of 1996 (42
U.S.C. 1320d-2 note).
``SEC. 862. MODEL EMERGENCY RESPONSE POLICIES, PROCEDURES, AND
PRACTICES.
``The Secretary of Education, in consultation with the Attorney
General of the United States and the Secretary of Homeland Security,
shall--
``(1) advise institutions of higher education on model
emergency response policies, procedures, and practices; and
``(2) disseminate information concerning those policies,
procedures, and practices.
``SEC. 863. PREPARATION FOR FUTURE DISASTERS PLAN BY THE SECRETARY.
``(a) Planning.--The Secretary shall develop and maintain a
disaster relief plan, in consultation with the appropriate agencies, to
ensure a procedure is in place to address the needs of institutions of
higher education in the event of a natural or man-made disaster with
respect to which the President has declared a major disaster or
emergency. The plan shall take into consideration the immediate safety
and well-being of students, faculty, and staff. Additionally, such plan
shall outline steps that can be taken to ensure institutions of higher
education have a timely recovery.
``(b) Submission to Congress.--The Secretary shall submit to the
authorizing committees the plan required by subsection (a) and any
revisions of such plan.
``SEC. 864. EDUCATION DISASTER AND EMERGENCY RELIEF LOAN PROGRAM.
``(a) Program Authorized.--The Secretary is authorized to establish
an Education Disaster and Emergency Relief Loan Program for
institutions of higher education for direct or indirect losses incurred
as a result of a federally declared major disaster or emergency.
``(b) Use of Assistance.--The Secretary may, subject to the
availability of appropriations, provide any assistance under the
Education Disaster and Emergency Relief Loan program to institutions of
higher education pursuant to this section only after the declaration of
a major disaster or emergency by the President. Loan funds provided
under this section may be used for--
``(1) direct and indirect construction, replacement, and
renovation costs associated with or resulting from or preparing
for a major disaster or emergency;
``(2) faculty salaries and incentives for retaining
faculty; or
``(3) reimbursement for lost tuition and other revenues.
``(c) Application Requirements.--To be considered for a loan under
this section, an institution of higher education shall--
``(1) submit a financial statement and other appropriate
data, documentation, or evidence requested by the Secretary
that indicates that the institution incurred losses resulting
from the impact of a major disaster or emergency and the
monetary amount of such losses; and
``(2) demonstrate that the institution attempted to
minimize the cost of any losses by pursuing collateral source
compensation from the Federal Emergency Management Agency and
insurance coverage prior to seeking a loan under this section,
except that an institution of higher education shall not be
required to receive collateral source compensation from the
Federal Emergency Management Agency and insurance prior to
being eligible for a loan under this section.
``(d) Audit.--The Secretary may audit a financial statement
submitted under subsection (c) and an institution of higher education
shall provide any information that the Secretary determines necessary
to conduct such an audit.
``(e) Reduction in Loan Amounts.--To determine the amount of a loan
to make available to an institution of higher education under this
section, the Secretary shall calculate the monetary amount of losses
incurred by such institution as a result of a federally declared major
disaster or emergency, and shall reduce such amount by the amount of
collateral source compensation the institution has already received
from insurance, the Federal Emergency Management Agency, and the Small
Business Administration.
``(f) Establishment of Loan Program.--In order to disburse loans
under this section, the Secretary shall prescribe regulations that--
``(1) establish the loan program, taking into consideration
the structure of existing capital financing loan programs under
this Act; and
``(2) that set forth--
``(A) terms for the loan program under this
section;
``(B) procedures for an application for a loan
under this section; and
``(C) minimum requirements for the loan program and
for receiving a loan under this section, including the
following:
``(i) Online forms to be used in submitting
request for a loan under this section.
``(ii) Information to be included in such
forms.
``(iii) Procedures to assist in filing and
pursing a loan under this section.
``(g) Definitions.--In this section:
``(1) Institution affected by a gulf hurricane disaster.--
The term `institution affected by a Gulf hurricane disaster'
means an institution of higher education that--
``(A) is located in an area affected by a Gulf
hurricane disaster; and
``(B) is able to demonstrate that the institution--
``(i) incurred physical damage resulting
from the impact of a Gulf hurricane disaster;
``(ii) was not able to fully reopen in
existing facilities or to fully reopen to the
pre-hurricane levels for 30 days or more on or
after August 29, 2005.
``(2) Area affected by a gulf hurricane disaster; gulf
hurricane disaster.--The terms `area affected by a Gulf
hurricane disaster' and `Gulf hurricane disaster' have the
meanings given such terms in section 209 of the Higher
Education Hurricane Relief Act of 2005 (Public Law 109-148, 119
Stat. 2809).
``(3) Emergency.--The term `emergency' has the meaning
given such term in section 102(1) of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act.
``(4) Institutions of higher education.--The term
`institution of higher education' has the meaning given such
term in section 101.
``(5) Major disaster.--The term `major disaster' has the
meaning given the term in section 102(2) of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act.
``(h) Effective Date.--This section shall take effect on the date
of the enactment of the College Opportunity and Affordability Act of
2008, and assistance provided to institutions of higher education
pursuant to this section shall be available only with respect to
federally declared major disasters or emergencies that occur after the
date of the enactment of the College Opportunity and Affordability Act
of 2008, except in the case of an institution affected by a Gulf
hurricane disaster.
``SEC. 865. GUIDANCE ON MENTAL HEALTH DISCLOSURES FOR STUDENT SAFETY.
``Not later than 90 days after the date of enactment of the College
Opportunity and Affordability Act of 2008, the Secretary shall provide
guidance that clarifies the role of institutions of higher education
with respect to the disclosure of education records, including to a
parent or legal guardian of a dependent student, in the event that such
student demonstrates that the student poses a significant risk of harm
to himself or herself or to others, including a significant risk of
suicide, homicide, or assault. Such guidance shall further clarify that
an institution of higher education that, in good faith, discloses
education records or other information in accordance with the
requirements of this Act and the Family Educational Rights and Privacy
Act of 1974 shall not be liable to any person for that disclosure.
``PART J--RURAL DEVELOPMENT GRANTS FOR RURAL COLLEGES AND UNIVERSITIES
``SEC. 871. PURPOSE.
``The purposes of this part are--
``(1) to increase--
``(A) enrollment and graduation rates from 2-year
and 4-year colleges, and articulation from 2-year
degree programs into 4-year degree programs, of
graduates of rural high schools; and
``(B) degree completion for nontraditional students
from rural areas; and
``(2) to promote economic growth and development in rural
America through partnership grants to consortia of rural
colleges and universities and other entities, such as local
education agencies, employers, education service agencies, and
nonprofit organizations.
``SEC. 872. DEFINITIONS.
``For the purposes of this part:
``(1) Rural institution of higher education.--The term
`rural institution of higher education' means an institution of
higher education that primarily serves rural areas.
``(2) Rural area.--The term `rural area' means an area in
which there is located a rural local educational agency.
``(3) Rural local educational agency.--The term `rural
local educational agency' means a local educational agency (as
such term is defined in section 9101 of the Elementary and
Secondary Education Act of 1965) that is designated with a
metro-centric locale code of 41, 42, or 43 as determined by the
National Center for Education Statistics (NCES), in conjunction
with the Bureau of the Census, using the NCES system for
classifying local educational agencies.
``(4) Nontraditional student.--The term `nontraditional
student' means an individual who--
``(A) delays enrollment in an institution of higher
education by 3 or more years after completing high
school;
``(B) attends an institution of higher education
part-time; or
``(C) attends an institution of higher education
and--
``(i) works full-time;
``(ii) is an independent student;
``(iii) has one or more dependents other
than a spouse;
``(iv) is a single parent; or
``(v) does not have a high school diploma
or the recognized equivalent of such a diploma.
``(5) Regional employer.--The term `regional employer'
means employers qualifying as businesses or other entities
employing individuals within a rural area.
``SEC. 873. ENSURING COLLEGE ACCESS FOR RURAL HIGH SCHOOL GRADUATES.
``(a) Grants Authorized.--From the amounts appropriated to carry
out this part under section 800, the Secretary of Education is
authorized to make grants in accordance with this section to
partnerships formed between one or more rural institution of higher
education and any of the following entities:
``(1) One or more rural local educational agencies.
``(2) One or more rural education service agencies.
``(3) One or more regional employers.
``(4) One or more nonprofit organizations with expertise in
rural education.
``(b) Eligible Partnerships; Applications.--To be eligible for a
grant under this section, a partnership that meets the requirements of
subsection (a) shall submit to the Secretary an application in such
form and containing such information as the Secretary shall prescribe.
In determining which applications to approve for a grant under this
section, the Secretary shall consider--
``(1) the percentage of graduates, attendees, or former
attendees of high schools from rural local educational agencies
enrolled or otherwise affiliated with the entity; and
``(2) in the case of employers, the percentage of employees
that are graduates of high schools in rural local educational
agencies.
``(c) Use of Grant Amounts.--Funds made available by a grant under
this section to a partnership that meets the requirements of subsection
(b) shall be used--
``(1) to improve enrollment rates for graduates and former
attendees of rural high schools at rural institutions of higher
education, including--
``(A) programs to provide information about college
costs and financial aid options, assistance with
college enrollment applications, and assistance with
financial aid applications;
``(B) programs or initiatives that provide such
graduates or former attendees of rural high schools
access and exposure to campuses, classes, programs, and
facilities of rural institutions of higher education,
including covering the cost of transportation to and
from institutions of higher education;
``(C) the formation of groups or other initiatives
that create support groups of such students expressing
interest in attending rural institutions of higher
education;
``(D) extracurricular activities, such as
internships, community service, and other activities
for such individuals in advance of attending
institutions of higher education; and
``(E) other initiatives that assist such
individuals in applying and developing interest in
attending rural institutions of higher education; and
``(2) to encourage participation of nontraditional students
in degree programs at rural institutions of higher education,
including--
``(A) programs to provide information about college
costs and financial aid options, assistance with
college enrollment applications, and assistance with
financial aid applications for institutions of higher
education;
``(B) outreach to nontraditional students through
community initiatives; and
``(C) formation of support groups for
nontraditional students enrolling in 2-year degree
programs and articulating from 2-year degree programs
to 4-year degree programs.
``SEC. 874. ECONOMIC DEVELOPMENT PARTNERSHIPS.
``(a) Grants Authorized.--From the amounts appropriated to carry
out this part under section 800, the Secretary of Education is
authorized to make grants in accordance with this section to
partnerships formed between one or more rural institutions of higher
education and one or more regional employers.
``(b) Eligible Partnerships; Applications.--To be eligible for a
grant under this section, a partnership that meets the requirements of
subsection (a) shall submit to the Secretary an application in such
form and containing such information as the Secretary shall prescribe.
In determining which applications to approve for a grant under this
section, the Secretary shall consider--
``(1) the potential of the employer to employ graduates of
rural institutions of higher education after graduation;
``(2) the potential of the employer engaged in the
partnership to spur economic development in the region; and
``(3) the relevance of the employer to the regional
economy.
``(c) Use of Grant Amounts.--Funds made available by a grant under
this section to a partnership that meets the requirements of subsection
(a) shall be used--
``(1) to provide additional career training to attendees of
rural institutions of higher education in fields relevant to
the regional economy; and
``(2) to encourage regional businesses to employ graduates
of rural institutions of higher education.
``(d) Preference in Selection.--In determining which applications
to approve for a grant under this section, the Secretary shall give
priority to applications from partnerships that include one or more
regional employers that are located in a rural area.
``SEC. 875. QUALITY OF LIFE IN RURAL AREAS.
``(a) Grants Authorized.--From the amounts appropriated to carry
out this part under section 800, the Secretary of Education is
authorized to make grants in accordance with this section to rural
institutions of higher education.
``(b) Use of Grant Amounts.--Funds made available by a grant under
this section to a partnership that meets the requirements of subsection
(a) shall be used to create or strengthen academic programs to prepare
graduates to enter into high-need occupations in the regional and local
economies.
``SEC. 876. ALLOCATION OF APPROPRIATIONS.
``(a) Grant Considerations.--In making grant allocations under this
part to qualifying institutions and partnerships, the Secretary shall
consider--
``(1) the percentage of graduates of rural high schools
attending rural institutions of higher education in proximity
to the entity receiving the grant;
``(2) employment needs of regional employers in proximity
to entities receiving the grant; and
``(3) the health of the regional economy of the region
surrounding the entity receiving the grant.
``(b) Maximum and Minimum Grants.--No grant awarded by the
Secretary under this part shall be less than $200,000 or more than
$500,000.
``(c) Grant Duration.--A grant awarded under this part shall be
awarded for one 3-year period.
``PART K--IMPROVING SCIENCE, TECHNOLOGY, ENGINEERING, AND MATHEMATICS
EDUCATION WITH A FOCUS ON ALASKA NATIVE AND NATIVE HAWAIIAN STUDENTS
``SEC. 880. IMPROVING SCIENCE, TECHNOLOGY, ENGINEERING, AND MATHEMATICS
EDUCATION WITH A FOCUS ON ALASKA NATIVE AND NATIVE
HAWAIIAN STUDENTS.
``(a) Purpose.--The purpose of this section is--
``(1) to develop or expand programs for the development of
professionals in the fields of science, technology,
engineering, and mathematics; and
``(2) to focus resources on meeting the educational and
cultural needs of Alaska Natives and Native Hawaiians.
``(b) Definitions.--In this section:
``(1) Alaska native.--The term `Alaska Native' has the
meaning given the term `Native' in section 3(b) of the Alaska
Natives Claims Settlement Act (43 U.S.C. 1602(b)).
``(2) Eligible partnership.--The term `eligible
partnership' means a partnership that includes--
``(A) 1 or more colleges or schools of engineering;
``(B) 1 or more colleges of science or mathematics;
``(C) 1 or more institutions of higher education
that offer 2-year degrees; and
``(D) 1 or more private entities that--
``(i) conduct career awareness activities
showcasing local technology professionals;
``(ii) encourage students to pursue
education in science, technology, engineering,
and mathematics from elementary school through
college, and careers in those fields, with the
assistance of local technology professionals;
``(iii) develop internships,
apprenticeships, and mentoring programs in
partnership with relevant industries; and
``(iv) assist with placement of interns and
apprentices.
``(3) Native hawaiian.--The term `Native Hawaiian' has the
meaning given the term in section 7207 of the Elementary and
Secondary Education Act of 1965.
``(c) Grant Authorized.--From the amounts appropriated to carry out
this part under section 800, the Secretary is authorized to award a
grant to an eligible partnership to enable the eligible partnership to
expand programs for the development of science, technology,
engineering, or mathematics professionals, from elementary school
through college, including existing programs for Alaska Native and
Native Hawaiian students.
``(d) Uses of Funds.--Grant funds under this section shall be used
for 1 or more of the following:
``(1) Development or implementation of cultural, social, or
educational transition programs to assist students to
transition into college life and academics in order to increase
such students' retention rates in the fields of science,
technology, engineering, or mathematics, with a focus on Alaska
Native or Native Hawaiian students.
``(2) Development or implementation of academic support or
supplemental educational programs to increase the graduation
rates of students in the fields of science, technology,
engineering, or mathematics, with a focus on Alaska Native and
Native Hawaiian students.
``(3) Development or implementation of internship programs,
carried out in coordination with educational institutions and
private entities, to prepare students for careers in the fields
of science, technology, engineering, or mathematics, with a
focus on programs that serve Alaska Native or Native Hawaiian
students.
``(4) Such other activities as are consistent with the
purposes of this section.
``(e) Application.--Each eligible partnership that desires a grant
under this section shall submit an application to the Secretary at such
time, in such manner, and containing such information as the Secretary
may require.
``(f) Priority.--In awarding grants under this section, the
Secretary shall give priority to an eligible partnership that provides
1 or more programs in which 30 percent or more of the program
participants are Alaska Native or Native Hawaiian.
``(g) Period of Grant.--A grant under this section shall be awarded
for a period of 5 years.
``(h) Evaluation and Report.--Each eligible partnership that
receives a grant under this section shall conduct an evaluation to
determine the effectiveness of the programs funded under the grant and
shall provide a report regarding the evaluation to the Secretary not
later than 6 months after the end of the grant period.
``PART L--NATIONAL DATABASE ON FINANCIAL ASSISTANCE FOR STUDY OF
SCIENCE, TECHNOLOGY, ENGINEERING, AND MATHEMATICS
``SEC. 881. NATIONAL DATABASE ON FINANCIAL ASSISTANCE FOR STUDY OF
SCIENCE, TECHNOLOGY, ENGINEERING, AND MATHEMATICS.
``(a) Establishment and Maintenance of Database.--
``(1) Database.--The Secretary of Education shall establish
and maintain, on the public website of the Department of
Education, a database consisting of information on
scholarships, fellowships, and other programs of financial
assistance available from public and private sources for the
study of science, technology, engineering, or mathematics at
the postsecondary and post baccalaureate levels.
``(2) Presentation of information.--The information
maintained on the database established under this section shall
be displayed on the website in the following manner:
``(A) Separate information shall be provided for
each of the fields of study referred to in paragraph
(1) and for postsecondary and post baccalaureate
programs of financial assistance.
``(B) The database shall provide specific
information on any programs of financial assistance
which are targeted to individuals of a particular
gender, ethnicity, or other demographic group.
``(C) If the sponsor of any program of financial
assistance included on the database maintains a public
website, the database shall provide hyperlinks to the
website.
``(D) In addition to providing the hyperlink to the
website of a sponsor of a program of financial
assistance as required under subparagraph (C), the
database shall provide general information that an
interested person may use to contact the sponsor,
including the sponsor's electronic mail address.
``(E) The database shall have a search capability
which permits an individual to search for information
on the basis of each category of the information
provided and on the basis of combinations of categories
of the information provided, including whether the
scholarship is need- or merit-based and by relevant
academic majors.
``(F) The database shall include a recommendation
that students and families should carefully review all
of the application requirements prior to applying for
aid, and a disclaimer that the scholarships presented
in the database are not provided or endorsed by the
Department of Education or the Federal Government.
``(b) Dissemination of Information on Database.--The Secretary
shall take such actions as may be necessary on an ongoing basis,
including sending notices to secondary schools and institutions of
higher education, to disseminate information on the database
established and maintained under this part and to encourage its use by
interested parties.
``(c) Use of Vendor To Obtain Information.--In carrying out this
part, the Secretary of Education shall enter into a contract with a
private entity under which the entity shall furnish and regularly
update all of the information required to be maintained on the database
established under this section.
``(d) Encouraging the Provision of Information.--In carrying out
this part, the Secretary of Education and the contracted entity shall
consult with public and private sources of scholarships and make easily
available a process for such entities to provide regular and updated
information.
``PART M--TRAINING FOR REALTIME WRITERS
``SEC. 882. PROGRAM TO PROMOTE TRAINING AND JOB PLACEMENT OF REALTIME
WRITERS.
``(a) Authorization of Grant Program.--
``(1) In general.--From the amounts appropriated to carry
out this part under section 800, the Secretary of Education
shall make competitive grants to eligible entities under
subsection (b) to promote training and placement of
individuals, including individuals who have completed a court
reporting training program, as realtime writers in order to
meet the requirements for closed captioning of video
programming set forth in section 713 of the Communications Act
of 1934 (47 U.S.C. 613) and the rules prescribed thereunder.
``(2) Eligible entities.--For purposes of this part, an
eligible entity is a court reporting program that--
``(A) can document and demonstrate to the Secretary
of Education that it meets minimum standards of
educational and financial accountability, with a
curriculum capable of training realtime writers
qualified to provide captioning services;
``(B) is accredited by an accrediting agency
recognized by the Department of Education; and
``(C) is participating in student aid programs
under title IV.
``(3) Priority in grants.--In determining whether to make
grants under this section, the Secretary of Education shall
give a priority to eligible entities that, as determined by the
Secretary--
``(A) possess the most substantial capability to
increase their capacity to train realtime writers;
``(B) demonstrate the most promising collaboration
with local educational institutions, businesses, labor
organizations, or other community groups having the
potential to train or provide job placement assistance
to realtime writers; or
``(C) propose the most promising and innovative
approaches for initiating or expanding training or job
placement assistance efforts with respect to realtime
writers.
``(4) Duration of grant.--A grant under this section shall
be for a period of 2 years.
``(5) Maximum amount of grant.--The amount of a grant
provided under subsection (a) to an entity eligible may not
exceed $1,500,000 for the 2-year period of the grant under
paragraph (4).
``(b) Application.--
``(1) In general.--To receive a grant under subsection (a),
an eligible entity shall submit an application to the Secretary
of Education at such time and in such manner as the secretary
may require. The application shall contain the information set
forth under paragraph (2).
``(2) Information.--Information in the application of an
eligible entity under subsection (a) for a grant under
subsection (a) shall include the following:
``(A) A description of the training and assistance
to be funded using the grant amount, including how such
training and assistance will increase the number of
realtime writers.
``(B) A description of performance measures to be
utilized to evaluate the progress of individuals
receiving such training and assistance in matters
relating to enrollment, completion of training, and job
placement and retention.
``(C) A description of the manner in which the
eligible entity will ensure that recipients of
scholarships, if any, funded by the grant will be
employed and retained as realtime writers.
``(D) A description of the manner in which the
eligible entity intends to continue providing the
training and assistance to be funded by the grant after
the end of the grant period, including any partnerships
or arrangements established for that purpose.
``(E) A description of how the eligible entity will
work with local workforce investment boards to ensure
that training and assistance to be funded with the
grant will further local workforce goals, including the
creation of educational opportunities for individuals
who are from economically disadvantaged backgrounds or
are displaced workers.
``(F) Additional information, if any, of the
eligibility of the eligible entity for priority in the
making of grants under subsection (a)(3).
``(G) Such other information as the Secretary may
require.
``(c) Use of Funds.--
``(1) In general.--An eligible entity receiving a grant
under subsection (a) shall use the grant amount for purposes
relating to the recruitment, training and assistance, and job
placement of individuals, including individuals who have
completed a court reporting training program, as realtime
writers, including--
``(A) recruitment;
``(B) subject to paragraph (2), the provision of
scholarships;
``(C) distance learning;
``(D) further developing and implementing both
English and Spanish curriculum to more effectively
train realtime writing skills, and education in the
knowledge necessary for the delivery of high-quality
closed captioning services;
``(E) mentoring students to ensure successful
completion of the realtime training and provide
assistance in job placement;
``(F) encouraging individuals with disabilities to
pursue a career in realtime writing; and
``(G) the employment and payment of personnel for
all such purposes.
``(2) Scholarships.--
``(A) Amount.--The amount of a scholarship under
paragraph (1)(B) shall be based on the amount of need
of the recipient of the scholarship for financial
assistance, as determined in accordance with part F of
title IV.
``(B) Agreement.--Each recipient of a scholarship
under paragraph (1)(B) shall enter into an agreement
with the school in which the recipient is enrolled to
provide realtime writing services for the purposes
described in subsection (a)(1) for a period of time
appropriate (as determined by the Secretary of
Education or the Secretary's designee) for the amount
of the scholarship received.
``(C) Coursework and employment.--The Secretary of
Education or the Secretary's designee shall establish
requirements for coursework and employment for
recipients of scholarships under paragraph (1)(B),
including requirements for repayment of scholarship
amounts in the event of failure to meet such
requirements for coursework and employment.
Requirements for repayment of scholarship amounts shall
take into account the effect of economic conditions on
the capacity of scholarship recipients to find work as
realtime writers.
``(3) Administrative costs.--The recipient of a grant under
this section may not use more than 5 percent of the grant
amount to pay administrative costs associated with activities
funded by the grant. The Secretary of Education shall use not
more than 5 percent of the amount available for grants under
this part in any fiscal year for administrative costs of the
program.
``(4) Supplement not supplant.--Grants amounts under this
part shall supplement and not supplant other Federal or non-
Federal funds of the grant recipient for purposes of promoting
the training and placement of individuals as realtime writers.
``(d) Reports.--
``(1) Annual reports.--Each eligible entity receiving a
grant under subsection (a) shall submit to the Secretary of
Education, at the end of each year of the grant period, a
report on the activities of such entity with respect to the use
of grant amounts during such year.
``(2) Report information.--
``(A) In general.--Each report of an entity for a
year under paragraph (1) shall include a description of
the use of grant amounts by the entity during such
year, including an assessment by the entity of the
effectiveness of activities carried out using such
funds in increasing the number of realtime writers. The
assessment shall utilize the performance measures
submitted by the entity in the application for the
grant under subsection (b)(2).
``(B) Final report.--The final report of an entity
on a grant under paragraph (1) shall include a
description of the best practices identified by the
entity as a result of the grant for increasing the
number of individuals who are trained, employed, and
retained in employment as realtime writers.
``(3) Annual review.--The Inspector General of the
Department of Education shall conduct an annual review of the
management, efficiency, and effectiveness of the grants made
under this part.
``PART N--CENTERS OF EXCELLENCE FOR VETERAN STUDENT SUCCESS
``SEC. 883. MODEL PROGRAMS FOR CENTERS OF EXCELLENCE FOR VETERAN
STUDENT SUCCESS.
``(a) Purpose.--It is the purpose of this section to encourage
model programs to support veteran student success in postsecondary
education by coordinating services to address the academic, financial,
physical, and social needs of veteran students.
``(b) Grants Authorized.--
``(1) In general.--Subject to the availability of
appropriations under section 800, the Secretary shall award
grants to institutions of higher education to develop model
programs to support veteran student success in postsecondary
education.
``(2) Grant period.--A grant awarded under this section
shall be awarded for a period of 3 years.
``(c) Use of Grants.--
``(1) Required activities.--An institution of higher
education receiving a grant under this section shall use such
grant to carry out a model program that includes--
``(A) establishing of a Center of Excellence for
Veteran Student Success on the campus of the
institution to provide a single point of contact to
coordinate comprehensive support services for veteran
students;
``(B) establishing a veteran students support team,
including representatives from the offices of the
institution responsible for admissions, registration,
financial aid, veterans benefits, academic advising,
student health, personal or mental health counseling,
career advising, disabilities services, and any other
office of the institution that provides support to
veteran students on campus;
``(C) providing a full-time or part-time
coordinator whose primary responsibility is to
coordinate the model program carried out under this
section;
``(D) monitoring the rates of veteran student
enrollment, persistence, and completion; and
``(E) developing a plan to sustain the Center of
Excellence for Veteran Student Success after the grant
period.
``(2) Other authorized activities.--An institution of
higher education receiving a grant under this section may use
such grant to carry out any of the following activities with
respect to veteran students:
``(A) Outreach and recruitment of such students.
``(B) Supportive instructional services for such
students, which may include--
``(i) personal, academic, and career
counseling, as an on-going part of the program;
``(ii) tutoring and academic skill-building
instruction assistance, as needed; and
``(iii) assistance with special admissions
and transfer of credit from previous
postsecondary education or experience.
``(C) Assistance in obtaining student financial
aid.
``(D) Housing support for students living in
institutional facilities and commuting students.
``(E) Cultural events, academic programs,
orientation programs, and other activities designed to
ease the transition to campus life for such students.
``(F) Support for veteran student organizations and
veteran student support groups on campus.
``(G) Coordination of academic advising and
admissions counseling with military bases and national
guard units in the area.
``(H) Other support services the institution
determines to be necessary to ensure the success of
such students in achieving their educational and career
goals.
``(d) Application; Selection.--
``(1) Application.--To be considered for a grant under this
section, an institution of higher education shall submit to the
Secretary an application at such time, in such manner, and
accompanied by such information as the Secretary may require.
``(2) Selection considerations.--In awarding grants under
this section, the Secretary shall consider--
``(A) the number of veteran students enrolled at an
institution of higher education; and
``(B) the need for model programs to address the
needs of veteran students at a wide range of
institutions of higher education, including the need to
provide--
``(i) an equitable distribution of such
grants to institutions of higher education of
various types and sizes;
``(ii) an equitable geographic distribution
of such grants; and
``(iii) an equitable distribution of such
grants among rural and urban areas.
``(e) Evaluation and Accountability Plan.--The Secretary shall
develop an evaluation and accountability plan for model programs funded
under this section to objectively measure the impact of such programs,
including a measure of whether postsecondary education enrollment,
persistence, and completion for veterans increases as a result of such
programs.
``PART O--UNIVERSITY SUSTAINABILITY PROGRAMS
``Subpart 1--Sustainability Planning Grants
``SEC. 884. GRANTS AUTHORIZED.
``(a) Program Authorized.--
``(1) In general.--From the amounts appropriated to carry
out this part under section 800, the Secretary, in consultation
with the Administrator of the Environmental Protection Agency,
shall make grants to eligible entities to establish
sustainability programs to design and implement sustainability
practices, including in the areas of energy management,
greenhouse gas emissions reductions, green building, waste
management, purchasing, transportation, and toxics management,
and other aspects of sustainability that integrate campus
operations with multidisciplinary academic programs and are
applicable to the private and government sectors.
``(2) Period of grant.--The provision of payments under a
grant under paragraph (1) may extend over a period of not more
than 4 fiscal years.
``(3) Definition of eligible entities.--For purposes of
this part, the term `eligible entity' means--
``(A) an institution of higher education that
grants 2 or 4-year undergraduate degrees, or masters
and doctoral degrees, or both; or
``(B) a non-profit consortia, association,
alliance, or collaboration operating in partnership
with one or more institutions of higher education that
received funds for the implementation of work
associated with sustainability programs under this
part.
``(b) Applications.--
``(1) In general.--To receive a grant under subsection
(a)(1), an eligible entity shall submit an application to the
Secretary at such time, in such form, and containing such
information as the Secretary may reasonably require.
``(2) Assurances.--Such application shall include
assurances that the eligible entity--
``(A) has developed or shall develop a plan,
including an evaluation component, for the program
component established pursuant to subsection (c);
``(B) shall use Federal funds received from a grant
under subsection (a) to supplement, not supplant, non-
Federal funds that would otherwise be available for
projects funded under such section;
``(C) shall provide, with respect to any fiscal
year in which such entity receives funds from a grant
under subsection (a)(1), non-Federal funds or an in-
kind contribution in an amount equal to 20 percent of
funds from such grant, for the purpose of carrying out
the program component established in subsection (c);
and
``(D) shall collaborate with business, government,
and the nonprofit sectors in the development and
implementation of its sustainability plan.
``(c) Use of Funds.--
``(1) Individual institutions.--Grants made under
subsection (a) may be used by an eligible entity that is an
individual institution of higher education for the following
purposes:
``(A) To develop and implement administrative and
operations practices at institutions of higher
education that test, model, and analyze principles of
sustainability.
``(B) To establish multidisciplinary education,
research, and outreach programs at institutions of
higher education that address the environmental,
social, and economic dimensions of sustainability.
``(C) To support research and teaching initiatives
that focus on multidisciplinary and integrated
environmental, economic, and social elements.
``(D) To establish initiatives in the areas of
energy management, greenhouse gas emissions reductions,
green building, waste management, purchasing, toxics
management, transportation, and other aspects of
sustainability.
``(E) To support student, faculty, and staff work
at institutions of higher education to implement,
research, and evaluate sustainable practices.
``(F) To establish sustainability literacy as a
requirement for undergraduate and graduate degree
programs.
``(G) To integrate sustainability curriculum in all
programs of instruction, particularly in business,
architecture, technology, manufacturing, engineering,
and science programs.
``(2) Partnerships.--Grants made under subsection (a) may
be used by an eligible entity that is a non-profit consortia,
association, alliance, or collaboration operating as a
partnership with one or more institutions of higher education
for the following purposes:
``(A) To conduct faculty, staff and administrator
training on the subjects of sustainability and
institutional change.
``(B) To compile, evaluate, and disseminate best
practices, case studies, guidelines and standards.
``(C) To conduct efforts to engage external
stakeholders such as business, alumni, and accrediting
agencies in the process of building support for
research, education, and technology development for
sustainability.
``(D) To conduct professional development programs
for faculty in all disciplines to enable faculty to
incorporate sustainability content in their courses.
``(E) To enable an appropriate non-profit
consortia, association, alliance, or collaboration
operating in partnership with an institution of higher
education to create the analytical tools necessary for
institutions of higher education to assess and measure
their individual progress toward fully sustainable
campus operations and fully integrating sustainability
into the curriculum.
``(F) To develop educational benchmarks for
institutions of higher education to determine the
necessary rigor and effectiveness of academic
sustainability programs.
``(d) Reports.--An eligible entity that receives a grant under
subsection (a) shall submit to the Secretary, for each fiscal year in
which the entity receives amounts from such grant, a report that
describes the work conducted pursuant to subsection (c), research
findings and publications, administrative savings experienced, and an
evaluation of the program.
``(e) Allocation Requirement.--The Secretary may not make grants
under subsection (a) to any eligible entity in a total amount that is
less than $250,000 or more than $2,000,000.
``Subpart 2--Summit on Sustainability
``SEC. 885. SUMMIT ON SUSTAINABILITY.
``Not later than September 30, 2008, the Secretary of Education, in
consultation with the Administrator of the Environmental Protection
Agency, shall convene a summit of higher education experts working in
the area of sustainable operations and programs, representatives from
agencies of the Federal Government, and business and industry leaders
to focus on efforts of national distinction that--
``(1) encourage faculty, staff, and students at
institutions of higher education to establish administrative
and academic sustainability programs on campus;
``(2) enhance research by faculty and students at
institutions of higher education in sustainability practices
and innovations that assist and improve sustainability;
``(3) encourage institutions of higher education to work
with community partners from the business, government, and
nonprofit sectors to design and implement sustainability
programs for application in the community and workplace;
``(4) identify opportunities for partnerships involving
institutions of higher education and the Federal Government to
expand sustainable operations and academic programs focused on
environmental and economic sustainability; and
``(5) charge the summit participants or steering committee
to submit a set of recommendations for addressing
sustainability through institutions of higher education.
``PART P--MODELING AND SIMULATION PROGRAMS
``SEC. 886. MODELING AND SIMULATION.
``(a) Purpose; Definition.--
``(1) Purpose.--The purpose of this section is to promote
the study of modeling and simulation at institutions of higher
education, through the collaboration with new and existing
programs, and specifically to promote the use of technology in
such study through the creation of accurate models that can
simulate processes or recreate real life, by--
``(A) establishing a task force at the Department
of Education to raise awareness of and define the study
of modeling and simulation;
``(B) providing grants to institutions of higher
education to develop new modeling and simulation degree
programs; and
``(C) providing grants for institutions of higher
education to enhance existing modeling and simulation
degree programs.
``(2) Definition.--In this section, the term `modeling and
simulation' means a field of study related to the application
of computer science and mathematics to develop a level of
understanding of the interaction of the parts of a system and
of a system as a whole.
``(b) Establishment of Task Force.--
``(1) In general.--Subject to the availability of
appropriations, the Secretary shall establish a taskforce
within the Department of Education to study modeling and
simulation and to support the development of the modeling and
simulation field. The activities of such taskforce shall
include--
``(A) helping to define the study of modeling and
simulation (including the content of modeling and
simulation classes and programs);
``(B) identifying best practices for such study;
``(C) identifying core knowledge and skills that
individuals who participate in modeling and simulation
programs should acquire; and
``(D) providing recommendations to the Secretary
with respect to--
``(i) the information described in
subparagraphs (A) through (C); and
``(ii) a system by which grants under this
section will be distributed.
``(2) Taskforce membership.--The membership of the
taskforce under this subsection shall be composed of
representatives from--
``(A) institutions of higher education with
established modeling and simulation degree programs;
``(B) the National Science Foundation;
``(C) Federal Government agencies that use modeling
and simulation extensively, including the Department of
Defense, the National Institute of Health, the
Department of Homeland Security, the Department of
Health and Human Services, the Department of Energy,
and the Department of Transportation;
``(D) private industries with a primary focus on
modeling and simulation;
``(E) national modeling and simulation
organizations; and
``(F) the Office of Science and Technology Policy.
``(c) Enhancing Modeling and Simulation at Institutions of Higher
Education.--
``(1) Enhancement grants authorized.--
``(A) In general.--The Secretary is authorized to
award grants, on a competitive basis, to eligible
institutions to enhance modeling and simulation degree
programs at such eligible institutions.
``(B) Duration of grant.--A grant awarded under
this subsection shall be awarded for a 3-year period,
and such grant period may be extended for not more than
2 years if the Secretary determines that an eligible
institution has demonstrated success in enhancing the
modeling and simulation degree program at such eligible
institution.
``(C) Minimum grant amount.--Subject to the
availability of appropriations, a grant awarded to an
eligible institution under this subsection shall not be
less than $750,000.
``(D) Non-federal share.--Each eligible institution
receiving a grant under this subsection shall provide,
from non-Federal sources, in cash or in kind, an amount
equal to 25 percent of the amount of the grant to carry
out the activities supported by the grant. The
Secretary may waive the non-Federal share requirement
under this subparagraph for an eligible institution if
the Secretary determines a waiver to be appropriate
based on the financial ability of the institution.
``(2) Eligible institutions.--For the purposes of this
subsection, an eligible institution is an institution of higher
education that--
``(A) has an established modeling and simulation
degree program, including a major, minor, or career-
track program; or
``(B) has an established modeling and simulation
certificate or concentration program.
``(3) Application.--To be considered for a grant under this
subsection, an eligible institution shall submit to the
Secretary an application at such time, in such manner, and
containing such information as the Secretary may require. Such
application shall include--
``(A) a letter from the president or provost of the
eligible institution that demonstrates the
institution's commitment to the enhancement of the
modeling and simulation program at the institution of
higher education;
``(B) an identification of designated faculty
responsible for the enhancement of the institution's
modeling and simulation program; and
``(C) a detailed plan for how the grant funds will
be used to enhance the modeling and simulation program
of the institution.
``(4) Uses of funds.--A grant awarded under this subsection
shall be used by an eligible institution to carry out the plan
developed in accordance with paragraph (3)(C) to enhance
modeling and simulation programs at the institution, which may
include--
``(A) in the case of an institution that is
eligible under paragraph (2)(B), activities to assist
in the establishment of a major, minor, or career-track
modeling and simulation program at the eligible
institution;
``(B) expanding the multi-disciplinary nature of
the institution's modeling and simulation programs;
``(C) recruiting students into the field of
modeling and simulation through the provision of
fellowships or assistantships;
``(D) creating new courses to compliment existing
courses and reflect emerging developments in the
modeling and simulation field;
``(E) conducting research to support new
methodologies and techniques in modeling and
simulation; and
``(F) purchasing equipment necessary for modeling
and simulation programs.
``(d) Establishing Modeling and Simulation Programs.--
``(1) Establishment grants authorized.--
``(A) In general.--The Secretary is authorized to
award grants to institutions of higher education to
establish a modeling and simulation program, including
a major, minor, career-track, certificate, or
concentration program.
``(B) Duration of grant.--A grant awarded under
this subsection shall be awarded for a 3-year period,
and such grant period may be extended for not more than
2 years if the Secretary determines that an eligible
institution has demonstrated success in establishing a
modeling and simulation degree program at such eligible
institution.
``(C) Minimum grant amount.--Subject to the
availability of appropriations, a grant awarded to an
eligible institution under this subsection shall not be
less than $750,000.
``(D) Non-federal share.--Each eligible institution
receiving a grant under this subsection shall provide,
from non-Federal sources, in cash or in kind, an amount
equal to 25 percent of the amount of the grant to carry
out the activities supported by the grant. The
Secretary may waive the non-Federal share requirement
under this subparagraph for an eligible institution if
the Secretary determines a waiver to be appropriate
based on the financial ability of the institution.
``(2) Application.--To apply for a grant under this
subsection, an eligible institution shall submit to the
Secretary an application at such time, in such manner, and
containing such information as the Secretary may require. Such
application shall include--
``(A) a letter from the president or provost of the
eligible institution that demonstrates the
institution's commitment to the establishment of a
modeling and simulation program at the institution of
higher education;
``(B) a detailed plan for how the grant funds will
be used to establish a modeling and simulation program
at the institution; and
``(C) a description of how the modeling and
simulation program established under this subsection
will complement existing programs and fit in to the
institution's current program and course offerings.
``(3) Uses of funds.--A grant awarded under this subsection
may be used by an eligible institution to--
``(A) establish, or work toward the establishment
of, a modeling and simulation program, including a
major, minor, career-track, certificate, or
concentration program at the eligible institution;
``(B) provide adequate staffing to ensure the
successful establishment of the modeling and simulation
program, which may include the assignment of full-time
dedicated or supportive faculty; and
``(C) purchasing equipment necessary for a modeling
and simulation program.
``(e) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $40,000,000 for fiscal year 2009
and such sums as may be necessary for each of the 4 succeeding fiscal
years. Of the amounts authorized to be appropriated for each fiscal
year--
``(1) $1,000,000 is authorized to carry out the activities
of the task force established pursuant to subsection (b); and
``(2) of the amount remaining after the allocation for
paragraph (1)--
``(A) 50 percent is authorized to carry out the
grant program under subsection (c); and
``(B) 50 percent is authorized to carry out the
grant program under subsection (d).
``PART Q--BUSINESS WORKFORCE PARTNERSHIPS
``SEC. 887. GRANTS TO CREATE BUSINESS WORKFORCE PARTNERSHIPS.
``(a) Purpose and Authorization.--
``(1) Purpose.--The purpose of this section is to provide
grants to institutions of higher education partnering with
employers to strengthen ties between college degree credit
offerings and business and industry workforce needs, and expand
opportunities for worksite learning.
``(2) Authorization of program.--The Secretary shall award
grants, on a competitive basis, to eligible partnerships for
the purposes of creating business and industry workforce
partnerships.
``(b) Definition of Business and Industry Workforce Partnership.--
``(1) In general.--For purposes of this section, the term
`business and industry workforce partnership' means a
partnership between one or more institutions of higher
education and--
``(A) an employer or group of employers, or a local
board (as such term is defined in section 101 of the
Workforce Investment Act of 1998), or both; and
``(B) labor organizations, where applicable, that
represent workers locally in the businesses or
industries that are the focus of the partnership,
including as a result of such organization's
representation of employees at a worksite at which the
partnership proposes to conduct activities under this
section.
``(2) Exception.--In the case of a State that does not
operate local boards, paragraph (1)(A) shall be applied by
substituting `State board' for `local board'.
``(3) Existing partnerships.--Nothing in this subsection
shall be construed to prohibit a partnership that is in
existence on the date of enactment of this section from
applying for a grant under this section.
``(c) Application.--A business and industry workforce partnership
seeking a grant under this section shall submit an application to the
Secretary at such time, in such manner, and containing such information
as the Secretary may require.
``(d) Priority for Applications Focused on Serving Nontraditional
Students.--The Secretary shall give priority to applications focused on
serving nontraditional students who are independent, as defined in
section 480(d), do not already have a bachelor's degree, and who have
one or more of the following characteristics:
``(1) Are the first generation in their family to attend
college.
``(2) Have delayed enrollment in college.
``(3) Have dependents.
``(e) Peer Review.--The Secretary shall convene a peer review
process, which shall include individuals knowledgeable about workforce
education for working adults, to review applications for grants under
this section, and make recommendations to the Secretary on the
selection of grant recipients.
``(f) Mandatory Activities.--A partnership that receives a grant
under this section shall use the grant funds to carry out all of the
following activities:
``(1) Identify high demand occupations in the regional
labor market which offer or can lead to high wages, in
coordination with the State employment security agency funded
under the Wagner-Peyser Act.
``(2) Develop linked career and educational pathways for
those occupations and related ones, including, where
appropriate, pathways involving registered apprenticeships.
``(3) Consult with employers offering jobs in occupations
identified under paragraph (1) to determine workforce
development needs.
``(4) Consult with labor organizations representing workers
locally in the occupations identified in paragraph (1), where
applicable.
``(5) Identify existing college degree credit offerings or
create new degree credit offerings that prepare students to
meet business and industry workforce needs, including offerings
connected to registered apprenticeship programs.
``(g) Permissible Activities.--A partnership that receives a grant
under this section may use the grant funds to carry out one or more of
the following activities:
``(1) In consultation with faculty in the appropriate
departments, adapt college offerings identified and created
under subsection (f)(5) to the schedules and needs of working
students, such as by creating evening, weekend, modular,
compressed, or distance learning formats, enrolling students in
learning communities, or other relevant innovations.
``(2) Create bridge programs that prepare students with
lower skills or limited English proficiency to enter the
college offerings identified or created under subsection
(f)(5).
``(3) Expand worksite learning opportunities.
``(4) Other activities that the institution and the
Secretary deem appropriate to carry out the purposes of this
program.
``(h) Grant Period.--Grants made under this section shall be for a
period of at least 36 months and not more than 60 months.
``(i) Technical Assistance.--The Secretary shall provide technical
assistance to grantees under this section throughout the grant period.
``(j) Evaluation.--The Secretary shall conduct an evaluation of the
effectiveness of the program under this section and disseminate the
findings of such evaluation, as well as information on promising
practices developed under this section.
``(k) Report to Congress.--Not less than 36 months after the first
grant is awarded under this section, the Secretary, jointly with the
Secretary of Labor, shall report to Congress on:
``(1) Changes to the Higher Education Act and related Acts,
such as the Perkins Vocational and Technical Education Act and
the Workforce Investment Act (both Title I and Title II), that
would help create and sustain business and industry workforce
partnerships at colleges.
``(2) Other changes to the Higher Education Act and related
Acts, such as the Perkins Vocational and Technical Education
Act and the Workforce Investment Act, that would more generally
strengthen the links between business and industry workforce
needs, workforce development programs, and other college degree
credit offerings.
``PART R--PATH TO SUCCESS PROGRAM
``SEC. 887. PATH TO SUCCESS.
``(a) Purpose.--The purpose of this part is to encourage community
supported programs that--
``(1) leverage and enhance community support for at-risk
young adults by facilitating the transition of such young
adults who are eligible individuals into productive learning
environments where such young adults can obtain the life,
social, academic, and vocational skills and credentials
necessary to strengthen the Nation's workforce;
``(2) provide counseling, as appropriate, for eligible
individuals participating in the programs to allow such
individuals to build a relationship with one or more guidance
counselors during the period that the individuals are enrolled
in the programs, including providing referrals and connections
to community resources that help eligible individuals
transition back into the community with the necessary life,
social, academic, and vocational skills after being in
detention, or incarcerated, particularly resources related to
health, housing, job training, and work-place readiness;
``(3) provide training and education for eligible
individuals participating in the programs, to allow such
individuals to assist community officials and law enforcement
agencies with the deterrence and prevention of gang and youth
violence by participating in seminars, training, and workshops
throughout the community; and
``(4) provide each eligible youth participating in the
programs with individual attention based on a curriculum that
matches the interests and abilities of the individual to the
resources of the program.
``(b) Reentry Education Program.--
``(1) Grant program established.--The Secretary is
authorized to award grants to community colleges to enter into
and maintain partnerships with juvenile detention centers and
secure juvenile justice residential facilities to provide
assistance, services, and education to eligible individuals who
reenter the community and pursue, in accordance with the
requirements of this part, at least one of the following:
``(A) A certificate of graduation from a school
providing secondary education, a general equivalency
diploma (GED), or another recognized equivalent of such
a certificate or diploma.
``(B) A certificate of completion for a specialized
area of study, such as vocational training and other
alternative post-secondary educational programs.
``(C) An associate's degree.
``(2) Grant period.--A grant awarded under this part shall
be for one 2-year period, and may be renewed for an additional
period as the Secretary determines to be appropriate.
``(3) Application.--A community college desiring to receive
a grant under this section shall submit an application to the
Secretary at such time, in such manner, and containing such
information as the Secretary shall require, which shall
include--
``(A) an assessment of the existing community
resources available to serve at-risk youth;
``(B) a detailed description of the program and
activities the community college will carry out with
such grant; and
``(C) a proposed budget describing how the
community college will use the funds made available by
such grant.
``(4) Priority.--In awarding grants under this part, the
Secretary of Education shall give priority to community
colleges that accept the highest number of eligible individuals
from high-risk areas, and among such community colleges, shall
give priority to community colleges that the Secretary
determines will best carry out the purposes of this part, based
on the applications submitted in accordance with paragraph (3).
``(c) Allowable Uses of Funds.--A community college awarded a grant
under this part may use such grant to--
``(1) pay for tuition and transportation costs of eligible
individuals;
``(2) establish and carry out an education program that
includes classes for eligible individuals that--
``(A) provide marketable life and social skills to
such individuals;
``(B) meet the education program requirements under
subsection (d);
``(C) promote the civic engagement of such
individuals; and
``(D) facilitate a smooth reentry of such
individuals into the community;
``(3) create and carry out a mentoring program--
``(A) that is specifically designed to help
eligible individuals with the potential challenges of
the transitional period from detention to release;
``(B) is created in consultation with guidance
counselors, academic advisors, law enforcement
officials, and other community resources; and
``(C) that is administered by a program
coordinator, selected and employed by the community
college, who shall oversee each individual's
development and shall serve as the immediate supervisor
and reporting officer to whom the academic advisors,
guidance counselors, and volunteers shall report
regarding the progress of each such individual;
``(4) facilitate employment opportunities for eligible
individuals by entering into partnerships with public and
private entities to provide opportunities for internships,
apprenticeships, and permanent employment, as possible, for
such individuals; and
``(5) provide training for eligible individuals
participating in the programs, to allow such individuals to
assist community officials and law enforcement agencies with
the deterrence and prevention of gang and youth violence by
participating in seminars and workshop series throughout the
community.
``(d) Education Program Requirements.--An education program
established and carried out under subsection (c) shall--
``(1) include classes that are required for completion of a
certificate, diploma, or degree described in subparagraphs (A)
through (C) of subsection (b)(1);
``(2) provide a variety of academic programs, with various
completion requirements, to accommodate the distinctive
academic backgrounds, learning curves, and concentration
interests of the eligible individuals who participate in the
program;
``(3) offer flexible academic programs that are designed to
improve the academic development and achievement of eligible
individuals, and to avoid high attrition rates for such
individuals; and
``(4) provide for a uniquely designed education plan for
each eligible individual participating in the program, which
shall require such individual to receive, at a minimum, a
certificate or diploma described in subparagraph (A) of
subsection (b)(1) to successfully complete such program.
``(e) Reports.--Each community college awarded a grant under this
part shall submit to the Secretary of Education a report--
``(1) documenting the results of the program carried out
with such grant; and
``(2) evaluating the effectiveness of activities carried
out through such program.
``(f) Definitions.--In this part:
``(1) Community college.--The term `community college'
means a public or nonprofit institution of higher education (as
such term is defined in section 101 or 102(a)(2)(B)), that--
``(A) provides an educational program of not less
than two years; and
``(B) that is accredited by a regional accrediting
agency or association.
``(2) Eligible individual.--The term `eligible individual'
means an individual who--
``(A) is 16 to 25 years of age;
``(B) has been convicted of a gang-related offense,
and has served a period of detention in a juvenile
detention center for such offense; and
``(C) is detained in, or has been released from,
such center.
``(3) Gang-related offense.--The term `gang-related
offense' means conduct constituting any Federal or State crime,
punishable by imprisonment in any of the following categories:
``(A) A crime of violence.
``(B) A crime involving obstruction of justice,
tampering with or retaliating against a witness,
victim, or informant, or burglary.
``(C) A crime involving the manufacturing,
importing, distributing, possessing with intent to
distribute, or otherwise dealing in a controlled
substance or listed chemical (as those terms are
defined in section 102 of the Controlled Substances Act
(21 U.S.C. 802)).
``(4) Guidance counselor.--The term `guidance counselor'
means an individual who works with at-risk youth on a one-on-
one basis, to establishing a supportive relationship with such
at-risk youth and to provide such at-risk youth with academic
assistance and exposure to new experiences that enhance their
ability to become responsible citizens.
``(5) High-risk area.--The term `high-risk area' means a
specified area within a State where there is a
disproportionately high number of gang-related activities
reported to State and local law enforcement authorities.''.
SEC. 802. SENSE OF THE CONGRESS; REPORT.
(a) Sense of Congress.--It is the sense of the Congress that--
(1) in order to provide the borrowers of Federal student
loans with the option of converting their loans to income
contingent repayment by providing direct loans for the
discharge of such loans (in this section referred to as
``direct IDEA loans''), the Secretary of Education and the
Secretary of the Treasury will work together to develop a
process by which the borrower will make payments on such loan
using the income tax withholding system and will make
appropriate adjustments to his or her withholding or estimated
tax payments for such purposes;
(2) the Secretaries should determine--
(A) whether such a repayment option would be
beneficial to borrowers and taxpayers; and
(B) how such program would be implemented by the
Departments of Education and Treasury; and
(3) this process would--
(A) streamline the repayment process and provide
greater flexibility for borrowers electing to use the
direct IDEA loan;
(B) significantly reduce the number of loan
defaults by borrowers; and
(C) significantly reduce the redundancy in
reporting information pertaining to income contingent
repayment to the Department of Education, institutions,
and applicants.
(b) Report.--The Secretaries of Education and the Treasury shall,
within one year after the date of enactment of this Act--
(1) provide the Congress with information on the progress
in devising the direct IDEA loan with income contingent
repayment using the income tax withholding system;
(2) inform the Congress of any necessary statutory changes
for the purpose of establishing a direct IDEA loan with income
contingent repayment using the income tax withholding system;
and
(3) consider international programs demonstrating
implementation of income contingent repayment collected through
revenue services, such as programs in England, Australia, and
New Zealand.
SEC. 803. INDEPENDENT EVALUATION OF DISTANCE EDUCATION PROGRAMS.
(a) Independent Evaluation.--The Secretary of Education shall enter
into an agreement with the National Academy of Sciences to conduct a
scientifically correct and statistically valid evaluation of the
quality of distance education programs, as compared to campus-based
education programs, at institutions of higher education. Such
evaluation shall include--
(1) identification of the elements by which the quality of
distance education, as compared to campus-based education, can
be assessed, including elements such as subject matter,
interactivity, and student outcomes;
(2) identification of distance and campus-based education
program success, with respect to student achievement, in
relation to the mission of the institution of higher education;
and
(3) identification of the types of students (including
classification of types of students based on student age) who
most benefit from distance education programs, the types of
students who most benefit from campus-based education programs,
and the types of students who do not benefit from distance
education programs, by assessing elements including access to
higher education, job placement rates, undergraduate graduation
rates, and graduate and professional degree attainment rates.
(b) Scope.--The National Academy of Sciences shall select for
participation in the evaluation under subsection (a) a diverse group of
institutions of higher education with respect to size, mission, and
geographic distribution.
(c) Interim and Final Reports.--The agreement under subsection (a)
shall require that the National Academy of Sciences submit to the
authorizing committees (as such term is defined in section 103 of the
Higher Education Act of 1965 (20 U.S.C. 1003)--
(1) an interim report regarding the evaluation under
subsection (a) not later than December 31, 2008; and
(2) a final report regarding such evaluation not later than
December 31, 2010.
SEC. 804. ENCOURAGING COLLEGES AND UNIVERSITIES TO ``GO GREEN''.
(a) Findings.--The Committee on Education and Labor of the House of
Representatives makes the following findings:
(1) A commitment to and academic programs for environmental
and economic sustainability are essential for our Nation's
future prosperity.
(2) The more than 4,200 higher education institutions in
the United States have the capacity to innovatively leverage
spending and change consumption patterns by incorporating
concepts of sustainability into their academic programs and by
modeling sustainable economic and environmental practices for
their communities.
(3) Many colleges and universities have interdisciplinary
programs or centers focusing on equipping students with the
academic content knowledge needed to understand concepts of
sustainability and ``going green''.
(4) Many colleges and universities have programs related to
the research of sustainability and sustainable systems.
(5) Academic programs related to sustainability vary in
rigor because no national education content standards for
academic sustainability programs currently exist.
(6) Colleges and universities may partner with businesses
to encourage students and faculty to translate academic
learning and research into practical solutions that promote
sustainability.
(7) Colleges and universities that make an effort to reduce
energy consumption and promote environmental sustainability not
only reduce their own emissions, but also motivate the leaders
of the next generation to action and create technical skills
and resources to develop innovative solutions.
(8) Many colleges and universities have undertaken
detailed, campus-wide assessments of their progress toward
``going green'' and sustainability or have measured their
progress in specific sectors, such as operations, or specific
parameters, such as recycling, energy, and water consumption.
(9) No system that evaluates and compares college and
university campuses in terms of overall sustainability-related
academic programs and practices currently exists.
(b) Sense of the Committee on Education and Labor.--It is the sense
of the Committee on Education and Labor that in order to encourage
increased public awareness of the need to ``go green'' by using
sustainable economic and environmental practices and rigorous
sustainability academic programs on college and university campuses,
the following should be encouraged:
(1) The development of educational standards by
institutions of higher education to determine the necessary
rigor and effectiveness of academic sustainability programs.
(2) Public awareness of the need for ``going green'' by
using sustainable economic and environmental practices.
(3) Non-governmental efforts to improve economic and
environmental sustainability efforts on college and university
campuses, including holding national summits to share best
practices.
(4) Collaborative partnerships between Federal agencies,
businesses, universities and communities to broaden
sustainability practices.
SEC. 805. STUDY OF COSTS OF ENVIRONMENTAL, HEALTH, AND SAFETY
STANDARDS.
(a) Study.--The Secretary of Education shall commission the
National Research Council to conduct a national study to determine the
viability of developing and implementing standards in environmental,
health, and safety areas to provide for differential regulation of
industrial laboratories and facilities, on the one hand, and research
and teaching laboratories on the other. The National Research Council
shall make specific recommendations for statutory and regulatory
changes that are needed to develop such a differential approach.
(b) Report.--The Secretary of Education shall submit the list of
those regulations that impose the greatest compliance costs on
institutions of higher education and make recommendations for statutory
changes to ease the compliance burden to the authorizing committees (as
such term is defined in section 103 of the Higher Education Act of 1965
(20 U.S.C. 1003).
SEC. 806. STUDY OF MINORITY MALE ACADEMIC ACHIEVEMENT.
(a) Study Required.--The Secretary of Education shall--
(1) commission and ensure the conduct of a national study
of underrepresented minority males, particularly African
American and Hispanic American males, completing high school,
and entering and graduating from colleges and universities in
accordance with the following:
(A) the data comprising the study shall focus
primarily on African American and Hispanic American
males and will utilize existing data sources;
(B) the study shall focus on high school completion
and preparation for college, success on the SAT and
ACT, and minority male access to college, including the
financing of college, and college persistence and
graduation; and
(C) the implementation of the study shall be in
four stages based on the recommendations of the
Commissioner of Education Statistics; and
(2) make specific recommendations to the Congress and State
superintendents of education on new approaches to increase--
(A) the number of minority males successfully
preparing themselves for college study;
(B) the number of minority males graduating from
high school and entering college; and
(C) the number of minority males graduating from
college and entering careers in which they are
underrepresented.
(b) Submission of the Report.--Not later than 4 years after the
date of enactment of this section, the Secretary shall submit a report
on the study required by subsection (a)(1), together with the
recommendations required by subsection (a)(2), to the authorizing
committees (as such term is defined in section 103 of the Higher
Education Act of 1965 (20 U.S.C. 1003)).
SEC. 807. STUDY ON BIAS IN STANDARDIZED TESTS.
(a) Study.--The Comptroller General shall conduct a study to
identify any race, ethnicity, and gender biases present in the design
of standardized tests that are used for admission to institutions of
higher education.
(b) Data Available to the Public.--Any data collected and used for
the study under subsection (a) shall be made publicly available, except
that such data shall not be made available in any manner that reveals
personally identifiable information relating to any individual.
(c) Report.--Not later than one year after date of the enactment of
this Act, the Comptroller General shall issue an interim report to the
authorizing committees (as defined in section 103 of the Higher
Education Act of 1965 (20 U.S.C. 1003)) related to the progress of the
study under subsection (a).
SEC. 808. FEASIBILITY STUDY ON STUDENT LOANS.
(a) Study Required.--The Congressional Budget Office shall conduct
a study on the feasibility of allowing borrowers in repayment of
student loans made under the Higher Education Act of 1965 the option of
selecting or renegotiating a fixed or variable interest rate on their
loans and the repayment period of such loans. The study shall evaluate
various scenarios and options and take into consideration the costs to
the government, lenders and borrowers of allowing such an option as
well as the impact on service quality.
(b) Report.--The Congressional Budget Office shall submit a report
on the study required by this section to the authorizing committees (as
defined in section 103 of the Higher Education Act of 1965 (20 U.S.C.
1003)) not later than one year after the date of the enactment of this
Act.
SEC. 809. ENDOWMENT REPORT.
(a) Analysis of Endowments.--The Secretary of Education shall
conduct a study on the amounts, uses, and public purposes of the
endowments of institutions of higher education. The study shall include
information (disaggregated by types of institution) describing--
(1) the average and range of--
(A) the outstanding balance of such endowments;
(B) the growth of such endowments over the last 20
years; and
(C) the percentage of spending on an annual basis
and, to the extent practicable, the uses of such
endowments by the institutions; and
(2) the extent to which the funds in such endowments are
restricted, and the restrictions placed upon such funds.
(b) Submission of Report.--The Secretary shall submit the report
required by subsection (a) to the authorizing committees (as such term
is defined in section 103 of the Higher Education Act of 1965 (20
U.S.C. 1003)) not later than one year after the date of enactment of
this Act.
SEC. 810. STUDY OF CORRECTIONAL POSTSECONDARY EDUCATION.
(a) Study Required.--The Secretary of Education shall--
(1) conduct a longitudinal study to assess the effects of
correctional postsecondary education that--
(A) employs rigorous empirical methods that control
for self-selection bias;
(B) measures a range of outcomes, including those
related to employment and earnings, recidivism, engaged
citizenship, impact on families of the incarcerated,
and impact on the culture of the correctional
institution;
(C) examines different delivery systems of
postsecondary education, such as on-site and distance
learning; and
(D) includes a projected cost-benefit analysis of
the Federal investment in terms of reduction of future
offending, reduction of future prison costs
(construction and operational), increased tax payments
by formerly incarcerated individuals, a reduction of
welfare and other social service costs for successful
formerly incarcerated individuals, and increased costs
from the employment of formerly incarcerated
individuals; and
(2) make specific recommendations to the Congress and the
relevant State agencies responsible for correctional education,
such as the State superintendents of education and State
secretaries of corrections, on best approaches to increase
correctional education and its effectiveness.
(b) Submission of Reports.--Not later than 3 years after the date
of enactment of this Act, the Secretary shall submit an interim report
on the progress of the study required by subsection (a)(1) to the
authorizing committees (as defined in section 103 of the Higher
Education Act of 1965 (20 U.S.C. 1003)). Not later than 7 years after
the date of enactment of this Act, the Secretary shall submit a final
report, together with the recommendations required by subsection
(a)(3), to the authorizing committees.
SEC. 811. NATIONAL UNDERGRADUATE FELLOWS PROGRAM.
(a) Program Authorized.--The Secretary is authorized to provide
grants, on a competitive basis, to institutions of higher education (as
defined in section 102) to support a National Undergraduate Fellows
program.
(b) Purpose of Grants.--Grants under this section shall be provided
to enable administrators (including student affairs administrators)--
(1) to improve postsecondary degree completion rates of
current underrepresented students through mentoring, a
leadership institute, an internship, and funding to attend
regional and national higher education administration
conferences;
(2) to increase the retention and success rates of not only
current students, but future generations of underrepresented
college students, by encouraging them to pursue a career in
higher education or student affairs; and
(3) to increase the quality and number of underrepresented
higher education and student affairs administrators able to
provide much needed student support services to students.
(c) Uses of Funds.--Grantees under this section may use the funds
to provide--
(1) staffing support for the program, which may include a
higher education administrator as a mentor;
(2) summer internship opportunities focusing on higher
education administration, at an institution other than their
own;
(3) a summer leadership institute participation opportunity
for self reflection, leadership skill building, graduate school
preparation, and career development; and
(4) as needed, support to attend regional and national
higher education conferences for additional leadership and
professional development.
(d) On-Going Support for the Fellows Program.--From the funds
appropriated in section 800 of the Higher Education Act of 1965, the
Secretary shall award a grant, on a competitive basis, to a national
organization to enable such organization to support the establishment
and ongoing work of the program under this section.
SEC. 812. NATIONAL CENTER FOR LEARNING SCIENCE AND TECHNOLOGY TRUST
FUND.
(a) Establishment.--There is established a nonprofit corporation to
be known as the National Center for Learning Science and Technology
(referred to in this Act as the ``Center'') which shall not be an
agency or establishment of the United States Government. The Center
shall be subject to the provisions of this section, and, to the extent
consistent with this section, to the District of Columbia Nonprofit
Corporation Act (D.C. Code, sec. 29-501 et seq.).
(b) Funding.--
(1) In general.--There is established in the Treasury a
separate fund to be known as the National Center for Learning
Science and Technology Trust Fund (referred to in this Act as
the ``Trust Fund''). The Trust Fund shall contain such amounts
as are credited to the Trust Fund under paragraph (2) and other
funds obtained under paragraph (3).
(2) Authorization of appropriations.--There are authorized
to be appropriated to the Trust Fund such sums as may be
necessary for the fiscal years 2008 and each of the 4
succeeding fiscal years.
(3) Additional funds.--The Trust Fund is authorized--
(A) to accept funds from any Federal agency or
entity;
(B) to accept, hold, administer, invest, and spend
any gift, devise, or bequest of real or personal
property made to the Center; and
(C) to enter into contracts with individuals,
public or private organizations, professional
societies, and government agencies for the purpose of
carrying out the functions of the Center.
(c) Board of Directors; Functions, and Duties.--
(1) In general.--A board of directors of the Center
(referred to in this Act as the ``Board'') shall be established
to oversee the administration of the Center. The initial Board
shall consist of 9 members to be appointed by the Secretary of
Education from a list of recommendations received from the
House of Representatives and the Senate, who--
(A) reflect representation from the public and
private sectors; and
(B) shall provide, as nearly as practicable, a
broad representation of various regions of the United
States, various professions and occupations, and
various kinds of talent and experience appropriate to
the functions and responsibilities of the Center.
(2) Organization and operation.--The board shall
incorporate and operate the center in accordance with the laws
governing tax exempt organizations in the District of Columbia.
(d) Trust Fund Uses.--
(1) Uses of funds.--To achieve the objectives of this Act,
the Director of the Center, after consultation with the Board,
shall use Trust funds to support research that is in the public
interest but that is unlikely to be undertaken entirely with
private funds--
(A) to support precompetitive and applied research
development and demonstrations, and assessments of
prototypes of innovative digital learning and
information technologies as well as the components and
tools needed to create them;
(B) to support the pilot testing and evaluation of
these prototype systems;
(C) to encourage the widespread adoption and use of
effective, innovative digital approaches to learning
supported by this Act; and
(D) to support innovative digital media education
programs for parents, teachers, and children to help
children in the United States learn digital safety and
build technology literacy.
(2) Contracts and grants.--
(A) In general.--In order to carry out the
activities described in paragraph (1), the Director of
the Center, with the agreement of a majority of the
members of the Board, may award contracts and grants to
colleges and universities, museums, libraries, public
broadcasting entities and similar nonprofit
organizations and public institutions with or without
for-profit partners, and to for-profit organizations.
(B) Public domain.--
(i) In general.--The research and
development properties and materials associated
with a project in which a majority of the
funding used to carry out the project is from a
grant or contract under this Act shall be
freely and nonexclusively available to the
general public in a timely manner.
(ii) Exemption.--The Director of the Center
may exempt specific projects from the
requirement of clause (i) if the Director of
the Center and a majority of the members of the
Board determine that the general public will
benefit significantly due to the project not
being freely and nonexclusively available to
the general public in a timely manner.
(C) Peer review.--To the extent practicable,
proposals for grants or contracts shall be evaluated on
the basis of comparative merit by panels of experts who
represent diverse interests and perspectives, and who
are appointed by the Director of the Center from
recommendations from the fields served and from the
Board of Directors.
(e) Accountability and Reporting.--
(1) Report.--
(A) In general.--Not later than April 30 of each
year, the Director of the Center shall prepare a report
for the preceding fiscal year that contains the
information described in subparagraph (B).
(B) Contents.--A report under subparagraph (A)
shall include--
(i) a comprehensive and detailed report of
the Center's operations, activities, financial
condition, and accomplishments, and such
recommendations as the Director of the Center
determines appropriate;
(ii) a comprehensive and detailed inventory
of funds distributed from the Trust Fund during
the fiscal year for which the report is being
prepared; and
(iii) an independent audit of the Trust
Fund's finances and operations, and of the
implementation of the goals established by the
Board.
(C) Statement of the board.--Each report under
subparagraph (A) shall include a statement from the
Board containing--
(i) a clear description of the plans and
priorities of the Board for the subsequent 5-
year period for expenditures from the Trust
Fund; and
(ii) an estimate of the funds that will be
available for such expenditures from the Trust
Fund.
(D) Submission to the president and congress.--A
report under this subsection shall be submitted to the
President and the authorizing committees (as such term
is defined in section 103 of the Higher Education Act
of 1965 (20 U.S.C. 1003)).
(2) Testimony.--The Director and principal officers of the
Center shall testify before the appropriate committees of
Congress, upon request of such committees, with respect to--
(A) a report prepared under paragraph (1)(A); and
(B) any other matter that such committees may
determine appropriate.
(f) Use of Funds Subject to Appropriations.--The authority to award
grants, enter into contracts, or otherwise to expend funds under this
section is subject to the availability of amounts deposited into the
Trust Fund under subsection (b)(3)(A) or (B), or amounts otherwise
appropriated for such purposes by an Act of Congress.
SEC. 813. GAO STUDY OF EDUCATION RELATED INDEBTEDNESS OF MEDICAL SCHOOL
GRADUATES.
(a) Study Required.--The Comptroller General shall conduct a study
to evaluate the higher education related indebtedness of medical school
graduates in the United States at the time of graduation.
(b) Deadline.--Not later than 1 year after the date of enactment of
this Act, the Comptroller General shall submit a report on the study
required by subsection (a) to the authorizing Committees (as such term
is defined in section 103 of the Higher Education Act of 1965), and
shall make the report widely available to the public. Additional
reports may be periodically prepared and released as necessary.
SEC. 814. STUDY ON REGIONAL SENSITIVITY IN THE NEEDS ANALYSIS FORMULA.
(a) Study.--The Comptroller General shall conduct a study to review
the methodology that is used to determine the expected family
contribution under part F of title IV of the Higher Education Act of
1965.
(b) Study Components.--The study conducted under subsection (a)
shall identify and evaluate the need analysis formula under part F of
title IV of the Higher Education Act of 1965 and examine the need for
regional sensitivity in need analysis. The study shall include--
(1) the factors that are used to determine a student's
expected family contribution under part F of title IV of the
Higher Education Act;
(2) the varying allowances that are made in calculating the
expected family contribution;
(3) the effects of the income protection allowance on all
aid recipients; and
(4) options for modifying the income protection allowance
to reflect the significant differences in the cost of living in
various parts of the United States.
(c) Report.--Not later than one year after the date of enactment of
this Act, Comptroller General shall report to the authorizing
committees (as such term is defined in section 103 of the Higher
Education Act of 1965 (20 U.S.C. 1003)) on the results of the study
conducted under this section.
SEC. 815. DYSLEXIA STUDY.
(a) Independent Evaluation.--The Secretary of Education shall enter
into an agreement with the Center for Education of the National Academy
of Sciences for a scientifically based study of the quality of teacher
education programs, to determine if teachers are adequately prepared to
meet the needs of students with reading and language processing
challenges, including dyslexia. Such study shall--
(1) establish the prevalence of dyslexia and other
processing difficulties in the general population by conducting
a review of existing research and available relevant data; and
(2) conduct a survey of institutions of higher education to
provide data on the extent to which teacher education programs
are based on the essential components of reading instruction
and scientifically valid research.
(b) Components.--The study conducted under subsection (a) shall be
designed to provide statistically reliable information on--
(1) the number, type of courses, and credit hours required
to meet the requirements of the reading degree programs; and
(2) the extent to which the content of the reading degree
programs are based on--
(A) the essentials of reading instruction and
scientifically valid research, including phonemic
awareness, phonics, fluency, vocabulary, and
comprehension; and
(B) early intervention strategies based on
scientific evidence concerning challenges to the
development of language processing capacity,
specifically dyslexia, and the extent to which such
strategies are effective in preventing reading failure
before it occurs.
(c) Scope.--The National Academy of Sciences shall select for
participation in the evaluation under subsection (a) a diverse group of
institutions of higher education with respect to size, mission, and
geographic distribution.
(d) Interim and Final Reports.--The National Academy of Sciences
shall submit to the Secretary of Education, the Committee on Health,
Education, Labor and Pensions of the Senate, and the Committee on
Education and Labor of the House of Representatives--
(1) an interim report regarding the study under subsection
(a) not later than 9 months after the award of the contract to
the Center for Education, as specified in this Act; and
(2) a final report summarizing the findings, conclusions,
and recommendations of such study not later than 18 months
after the award of such contract.
(e) Task Force.--
(1) Establishment.--Upon completion of the final report
under subsection (d)(2), the Secretary of Education shall
assemble a task force to make policy recommendations regarding
the findings of the report to the Secretary.
(2) Membership.--The membership of the task force under
this subsection shall include chief State school officers,
State reading consultants, a panel of master teachers, national
reading experts, and researchers with expertise in the relevant
fields.
(3) Public hearings.--The task force under this subsection
shall hold public hearings to provide an opportunity for public
comment on the results of the findings of the task force.
SEC. 816. STUDY AND REPORT ON BORROWER REPAYMENT PLANS.
(a) Study.--The Secretary of Education shall conduct a study--
(1) on the impact of the standard 10-year student loan
repayment term on the ability of undergraduate borrowers in
low-income areas, including Puerto Rico, to repay their loans
made under title IV, part B, of the Higher Education Act of
1965; and
(2) to examine the extent to which longer payment terms
would assist borrowers in such low-income areas in reducing
their monthly loan payments.
(b) Report.--Not later than 1 year after the date of enactment of
this title, the Secretary shall submit a report to Congress on the
results of the study required by this section.
SEC. 817. NURSING SCHOOL CAPACITY.
(a) Findings.--The Congress finds as follows:
(1) Researchers in the field of public health have
identified the need for a national study to identify
constraints encountered by schools of nursing in graduating the
number of nurses sufficient to meet the health care needs of
the United States.
(2) The shortage of qualified registered nurses has
adversely affected the health care system of the United States.
(3) Individual States have had varying degrees of success
with programs designed to increase the recruitment and
retention of nurses.
(4) Schools of nursing have been unable to provide a
sufficient number of qualified graduates to meet the workforce
needs.
(5) Many nurses are approaching the age of retirement, and
the problem worsens each year.
(6) In 2004, an estimated 125,000 applications from
qualified applicants were rejected by schools of nursing, due
to a shortage of faculty and a lack of capacity for additional
students.
(b) Study With Respect to Constraints With Respect to Schools of
Nursing.--
(1) In general.--The Secretary shall request the Institute
of Medicine of the National Academy of Sciences to enter into
an agreement under which the Institute conducts a study for the
purpose of--
(A) identifying constraints encountered by schools
of nursing in admitting and graduating the number of
registered nurses necessary to ensure patient safety
and meet the need for quality assurance in the
provision of health care; and
(B) developing recommendations to alleviate the
constraints on a short-term and long-term basis.
(2) Certain components.--The Secretary shall ensure that
the agreement under paragraph (1) provides that the study under
such subsection will include information on the following:
(A) The trends in applications for attendance at
schools of nursing that are relevant to the purpose
described in such subsection, including trends
regarding applicants who are accepted for enrollment
and applicants who are not accepted, particularly
qualified applicants who are not accepted.
(B) The number and demographic characteristics of
entry-level and graduate students currently enrolled in
schools of nursing, the retention rates at the schools,
and the number of recent graduates from the schools, as
compared to previous years and to the projected need
for registered nurses based on two-year, five-year, and
ten-year projections.
(C) The number and demographic characteristics of
nurses who pursue graduate education in nursing and
non-nursing programs but do not pursue faculty
positions in schools of nursing, the reasons therefor,
including any regulatory barriers to choosing to pursue
such positions, and the effect of such decisions on the
ability of the schools to obtain adequate numbers of
faculty members.
(D) The extent to which entry-level graduates of
the schools are satisfied with their educational
preparation, including their participation in nurse
externships, internships, and residency programs, and
to which they are able to effectively transition into
the nursing workforce.
(E) The satisfaction of nurse managers and
administrators with respect to the preparation and
performance levels of entry-level graduates from the
schools after one year, three years, and five years of
practice, respectively.
(F) The extent to which the current salary, benefit
structures, and characteristics of the workplace,
including the number of nurses who are presently
serving in faculty positions, influence the career path
of nurses who have pursued graduate education.
(G) The extent to which the use of innovative
technologies for didactic and clinical nursing
education might provide for an increase in the ability
of schools of nursing to train qualified nurses.
(3) Recommendations.--Recommendations under paragraph
(2)(B) may include recommendations for legislative or
administrative changes at the Federal or State level, and
measures that can be taken in the private sector--
(A) to facilitate the recruitment of students into
the nursing profession;
(B) to facilitate the retention of nurses in the
workplace; and
(C) to improve the resources and ability of the
education and health care systems to prepare a
sufficient number of qualified registered nurses.
(4) Methodology of study.--
(A) Scope.--The Secretary shall ensure that the
agreement under paragraph (1) provides that the study
under such subsection will consider the perspectives of
nurses and physicians in each of the various types of
inpatient, outpatient, and residential facilities in
the health care delivery system; faculty and
administrators of schools of nursing; providers of
health plans or health insurance; and consumers.
(B) Consultation with relevant organization.--The
Secretary shall ensure that the agreement under
paragraph (1) provides that relevant agencies and
organizations with expertise on the nursing shortage
will be consulted with respect to the study under such
subsection, including but not limited to the following:
(i) The Agency for Healthcare Research and
Quality.
(ii) The American Academy of Nursing.
(iii) The American Association of Colleges
of Nursing.
(iv) The American Nurses Association.
(v) The American Organization of Nurse
Executives.
(vi) The National Institute of Nursing
Research.
(vii) The National League for Nursing.
(viii) The National Organization for
Associate Degree Nursing.
(ix) The National Student Nurses
Association.
(5) Report.--The Secretary shall ensure that the agreement
under paragraph (1) provides that not later than 18 months
after the date of the enactment of this section, a report
providing the findings and recommendations made in the study
under such subsection will be submitted to the Secretary, the
Committee on Energy and Commerce of the House of
Representatives, and the Committee on Health, Education, Labor,
and Pensions of the Senate.
(6) Other organization.--If the Institute declines to
conduct the study under paragraph (1), the Secretary may enter
into an agreement with another appropriate private entity to
conduct the study.
(c) Definitions.--For purposes of this section:
(1) The term ``Institute'' means the Institute of Medicine
of the National Academy of Sciences.
(2)(A) The term ``school of nursing'' means a collegiate,
associate degree, or diploma school of nursing in a State.
(B) The terms ``collegiate school of nursing'', ``associate
degree school of nursing'', and ``diploma school of nursing''
have the meanings given to such terms in section 801 of the
Public Health Service Act.
(3) The term ``Secretary'' means the Secretary of
Education.
SEC. 818. STUDY OF THE IMPACT OF STUDENT LOAN DEBT ON PUBLIC SERVICE.
(a) Study.--The Secretary of Education, in consultation with the
Office of Management and Budget, is authorized to coordinate with an
organization with expertise in the field of public service, such as the
National Academy of Public Administrators or the American Society for
Public Administration, to coordinate with interested parties to conduct
a study of how student loan debt levels impact the decisions of
graduates of postsecondary and graduate education programs to enter
into public service careers. Such study shall include--
(1) an assessment of the challenges to recruiting and
retaining well-qualified public servants, including the impact
of student loan debt;
(2) an evaluation of existing Federal programs to recruit
and retain well-qualified public servants;
(3) an evaluation of whether additional Federal programs
could increase the number of graduates of postsecondary and
graduate education programs who enter careers in public
service; and
(4) recommendations related to any potential pilot
programs, including an academy for public service, that could
be used to encourage new graduates of postsecondary and
graduate education programs to enter public service careers.
(b) Report.--Not later than one year after the date of the
enactment of this Act, the Secretary of Education, in consultation with
the Office of Management and Budget, shall submit to Congress a report
related to the findings of the study conducted under subsection (a).
SEC. 819. FEDERAL REGULATION OF HIGHER EDUCATION REPORT.
(a) Analysis of Federal Regulations on Institutions of Higher
Education.--The Secretary of Education shall contract with the National
Research Council of the National Academies to conduct a study to
ascertain the amount and scope of all Federal regulations and reporting
requirements with which institutions of higher education must comply.
The study shall include information describing--
(1) by agency, the number of Federal regulations and
reporting requirements affecting institutions of higher
education;
(2) by agency, the estimated time required and costs to
institutions of higher education (disaggregated by types of
institutions) to comply with the regulations and reporting
requirements as required in (a)(1); and
(3) by agency, recommendations for consolidating,
streamlining, and eliminating redundant and burdensome Federal
regulations and reporting requirements affecting institutions
of higher education.
(b) Submission of Report.--The Secretary shall submit the report
required by subsection (a) to the authorizing committees (as such term
is defined in section 103 of the Higher Education Act of 1965 (20
U.S.C. 1003)) not later than 18 months after the date of enactment of
this Act.
SEC. 820. STUDY OF AID TO LESS-THAN-HALF-TIME STUDENTS.
(a) Study Required.--The Secretary shall conduct a study on making
and expanding the student aid available under title IV of the Higher
Education Act of 1965 to less-than-half-time students. The Secretary
shall submit a report on the results of such study, including the
Secretary's recommendations, to the authorizing committees not later
than one year after the date of enactment of this Act.
(b) Subjects for Study.--The study required by this section shall,
at a minimum, examine the following:
(1) The existing sources of Federal aid for less-than-half-
time students seeking a college degree or certificate.
(2) The demand for Federal aid for less-than-half-time
students and whether the demand is satisfied by existing
sources of Federal aid, taking into consideration not only the
number of less-than-half-time students currently seeking a
college degree or certificate, but also any increase in the
number of less-than-half-time students that may result from an
expansion of Federal aid for less-than-half-time students
seeking a college degree or certificate.
(3) The potential costs to the Federal Government and the
potential benefits that could be received by students resulting
from expanding Federal aid for less-than-half-time students
seeking a college degree or certificate.
(4) The barriers to expanding Federal aid for less-than-
half-time students, including identifying--
(A) statutory and regulatory barriers, such as
student eligibility, institutional eligibility, need
analysis, program integrity, and award amounts; and
(B) other factors that may limit participation in
an expanded Federal aid program for less-than-half-time
students.
(c) Recommendations to Be Provided.--The Secretary's
recommendations under this section shall include recommendations for
designing a demonstration student loan program tailored to less-than-
half-time students. The recommendations shall include any required
statutory or regulatory modifications, as well as proposed
accountability mechanisms to protect students, institutions, and the
Federal investment in higher education.
(d) Definitions.--As used in this section:
(1) the term ``Secretary'' means the Secretary of
Education;
(2) the term ``authorizing committees'' has the meaning
provided in section 103 of the Higher Education Act of 1965, as
amended by this Act;
(3) the term ``less-than-half-time student'' means a
student who is carrying less than one-half the normal full-time
work load for the course of study that the student is pursuing,
as determined by the institution such student is attending.
SEC. 821. ESTABLISHMENT OF PILOT PROGRAM FOR COURSE MATERIAL RENTAL.
(a) Pilot Grant Program.--From the amounts appropriated pursuant to
subsection (e), the Secretary shall make grants on a competitive basis
to not more than 10 institutions of higher education to support pilot
programs that expand the services of bookstores to provide the option
for students to rent course materials in order to achieve savings for
students.
(b) Application.--An institution of higher education that desires
to obtain a grant under this section shall submit an application to the
Secretary at such time, in such form, and containing or accompanied by
such information, agreements, and assurances as the Secretary may
reasonably require.
(c) Use of Funds.--The funds made available by a grant under this
section may be used for--
(1) purchase of course materials that the entity will make
available by rent to students;
(2) any equipment or software necessary for the conduct of
a rental program;
(3) hiring staff needed for the conduct of a rental
program, with priority given to hiring enrolled undergraduate
students; and
(4) building or acquiring extra storage space dedicated to
course materials for rent.
(d) Evaluation and Report.--
(1) Evaluations by recipients.--After a period of time to
be determined by the Secretary, each institution of higher
education that receives a grant under this section shall submit
a report to the Secretary on the effectiveness of their rental
programs in reducing textbook costs for students.
(2) Report to congress.--Not later than September 30, 2010,
the Secretary shall submit a report to Congress on the
effectiveness of the textbook rental pilot programs under this
section, and identify the best practices developed in such
pilot programs. Such report shall contain an estimate by the
Secretary of the savings achieved by students who participate
in such pilot programs.
(e) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $50,000,000 for fiscal year 2009
and 2010.
TITLE IX--AMENDMENTS TO OTHER LAWS
PART A--EDUCATION OF THE DEAF ACT OF 1986
SEC. 901. LAURENT CLERC NATIONAL DEAF EDUCATION CENTER.
Section 104 of the Education of the Deaf Act of 1986 (20 U.S.C.
4304) is amended--
(1) by striking the section heading and inserting ``laurent
clerc national deaf education center'';
(2) in subsection (a)(1)(A), by inserting ``the Laurent
Clerc National Deaf Education Center (referred to in this
section as the `Clerc Center') to carry out'' after ``maintain
and operate''; and
(3) in subsection (b)--
(A) in the matter preceding subparagraph (A) of
paragraph (1), by striking ``elementary and secondary
education programs'' and inserting ``Clerc Center'';
(B) in paragraph (2), by striking ``elementary and
secondary education programs'' and inserting ``Clerc
Center'';
(C) in paragraph (4)(C)--
(i) in clause (i), by striking ``(6)'' and
inserting ``(8)''; and
(ii) in clause (vi), by striking ``(m)''
and inserting ``(o)''; and
(D) by adding at the end the following:
``(5) The University, for purposes of the elementary and secondary
education programs carried out at the Clerc Center, shall--
``(A)(i) 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 2009-2010
academic year;
``(B) annually determine whether such programs at the Clerc
Center are making adequate yearly progress, as determined
according to the definition of adequate yearly progress defined
(pursuant to section 1111(b)(2)(C) of such Act (20 U.S.C.
6311(b)(2)(C))) by 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), except where
such reporting would not yield statistically reliable
information or would reveal personally identifiable information
about an individual student, and whether the programs at the
Clerc Center are making adequate yearly progress, as determined
under subparagraph (B).''.
SEC. 902. AGREEMENT WITH GALLAUDET UNIVERSITY.
Section 105(b)(4) of the Education of the Deaf Act of 1986 (20
U.S.C. 4305(b)(4)) is amended--
(1) by striking ``the Act of March 3, 1931 (40 U.S.C. 276a-
276a-5) commonly referred to as the Davis-Bacon Act'' and
inserting ``subchapter IV of chapter 31 of title 40, United
States Code, commonly referred to as the Davis-Bacon Act''; and
(2) by striking ``section 2 of the Act of June 13, 1934 (40
U.S.C. 276c)'' and inserting ``section 3145 of title 40, United
States Code''.
SEC. 903. AGREEMENT FOR THE NATIONAL TECHNICAL INSTITUTE FOR THE DEAF.
Section 112 of the Education of the Deaf Act of 1986 (20 U.S.C.
4332) is amended--
(1) in subsection (a)--
(A) in paragraph (1), by striking the second
sentence;
(B) by redesignating paragraph (2) as paragraph
(3); and
(C) by inserting after paragraph (1) the following:
``(2) If, pursuant to the agreement established under paragraph
(1), either the Secretary or the institution of higher education
terminates the agreement, the Secretary shall consider proposals from
other institutions of higher education and enter into an agreement with
one of those institutions for the establishment and operation of a
National Technical Institute for the Deaf.''; and
(2) in subsection (b)--
(A) in paragraph (3), by striking ``Committee on
Labor and Human Resources of the Senate'' and inserting
``Committee on Health, Education, Labor, and Pensions
of the Senate''; and
(B) in paragraph (5)--
(i) by striking ``the Act of March 3, 1931
(40 U.S.C. 276a--276a-5) commonly referred to
as the Davis-Bacon Act'' and inserting
``subchapter IV of chapter 31 of title 40,
United States Code, commonly referred to as the
Davis-Bacon Act''; and
(ii) by striking ``section 2 of the Act of
June 13, 1934 (40 U.S.C. 276c)'' and inserting
``section 3145 of title 40, United States
Code''.
SEC. 904. AUDIT.
Section 203 of the Education of the Deaf Act of 1986 (20 U.S.C.
4353) is amended--
(1) in subsection (b)--
(A) in paragraph (2), by striking ``sections'' and
all that follows through the period and inserting
``sections 102(b), 105(b)(4), 112(b)(5), 203(c),
207(b)(2), subsections (c) through (f) of section 207,
and subsections (b) and (c) of section 209.''; and
(B) in paragraph (3), by inserting ``and the
Committee on Education and Labor of the House of
Representatives and the Committee on Health, Education,
Labor, and Pensions of the Senate'' after
``Secretary''; and
(2) in subsection (c)(2)(A), by striking ``Committee on
Labor and Human Resources of the Senate'' and inserting
``Committee on Health, Education, Labor, and Pensions of the
Senate''.
SEC. 905. REPORTS.
Section 204 of the Education of the Deaf Act of 1986 (20 U.S.C.
4354) is amended--
(1) in the matter preceding paragraph (1), by striking
``Committee on Labor and Human Resources of the Senate'' and
inserting ``Committee on Health, Education, Labor, and Pensions
of the Senate'';
(2) in paragraph (1), by striking ``preparatory,'';
(3) in paragraph (2)(C), by striking ``upon graduation/
completion'' and inserting ``on the date that is 1 year after
the date of graduation or completion''; and
(4) in paragraph (3)(B), by striking ``of the institution
of higher education'' and all that follows through ``section
203'' and inserting ``of NTID programs and activities''.
SEC. 906. MONITORING, EVALUATION, AND REPORTING.
Section 205 of the Education of the Deaf Act of 1986 (20 U.S.C.
4355) is amended--
(1) in the first sentence of subsection (a), by striking
``preparatory,'';
(2) in subsection (b), by striking ``The Secretary, as part
of the annual report required under section 426 of the
Department of Education Organization Act, shall include a
description of'' and inserting ``The Secretary shall annually
transmit information to Congress on''; and
(3) in subsection (c), by striking ``fiscal years 1998
through 2003'' and inserting ``fiscal years 2008 through
2013''.
SEC. 907. LIAISON FOR EDUCATIONAL PROGRAMS.
Section 206(a) of the Education of the Deaf Act of 1986 (20 U.S.C.
4356(a)) is amended by striking ``Not later than 30 days after the date
of enactment of this Act, the'' and inserting ``The''.
SEC. 908. FEDERAL ENDOWMENT PROGRAMS FOR GALLAUDET UNIVERSITY AND THE
NATIONAL TECHNICAL INSTITUTE FOR THE DEAF.
Section 207(h) of the Education of the Deaf Act of 1986 (20 U.S.C.
4357(h)) is amended by striking ``fiscal years 1998 through 2003'' each
place it appears and inserting ``fiscal years 2008 through 2013''.
SEC. 909. OVERSIGHT AND EFFECT OF AGREEMENTS.
Section 208(a) of the Education of the Deaf Act of 1986 (20 U.S.C.
4359(a)) is amended by striking ``Committee on Labor and Human
Resources of the Senate and the Committee on Education and the
Workforce of the House of Representatives'' and inserting ``Committee
on Education and Labor of the House of Representatives and the
Committee on Health, Education, Labor, and Pensions of the Senate''.
SEC. 910. INTERNATIONAL STUDENTS.
Section 209 of the Education of the Deaf Act of 1986 (20 U.S.C.
4359a) is amended--
(1) in subsection (a)--
(A) by striking ``preparatory, undergraduate,'' and
inserting ``undergraduate'';
(B) by striking ``Effective with'' and inserting
the following:
``(1) In general.--Except as provided in paragraph (2),
effective with''; and
(C) by adding at the end the following:
``(2) Distance learning.--International students who
participate in distance learning courses that are at the
University or the NTID, who are residing outside of the United
States, and are not enrolled in a degree program at the
University or the NTID shall--
``(A) not be counted as international students for
purposes of the cap on international students under
paragraph (1), except that in any school year no United
States citizen who applies to participate in distance
learning courses that are at the University or NTID
shall be denied participation in such courses because
of the participation of an international student in
such courses; and
``(B) not be charged a tuition surcharge, as
described in subsection (b).''; and
(2) by striking subsections (b), (c), and (d), and
inserting the following:
``(b) Tuition Surcharge.--Except as provided in subsections
(a)(2)(B) and (c), the tuition for postsecondary international students
enrolled in the University (including undergraduate and graduate
students) or NTID shall include, for academic year 2008-2009 and any
succeeding academic year, a surcharge of--
``(1) 100 percent for a postsecondary international student
from a non-developing country; and
``(2) 50 percent for a postsecondary international student
from a developing country, or a country that was a developing
country for any academic year during the student's period of
uninterrupted enrollment in a degree program at the University
or NTID, except that such a surcharge shall not be adjusted
retroactively.
``(c) Reduction of Surcharge.--
``(1) In general.--Beginning with the academic year 2008-
2009, the University or NTID may reduce the surcharge--
``(A) under subsection (b)(1) from 100 percent to
not less than 50 percent if--
``(i) a student described under subsection
(b)(1) demonstrates need; and
``(ii) such student has made a good-faith
effort to secure aid through such student's
government or other sources; and
``(B) under subsection (b)(2) from 50 percent to
not less than 25 percent if--
``(i) a student described under subsection
(b)(2) demonstrates need; and
``(ii) such student has made a good faith
effort to secure aid through such student's
government or other sources.
``(2) Development of sliding scale.--The University and
NTID shall develop a sliding scale model that--
``(A) will be used to determine the amount of a
tuition surcharge reduction pursuant to paragraph (1);
and
``(B) shall be approved by the Secretary.
``(d) Definition.--In this section, the term `developing country'
means a country with a per-capita income of not more than $5,345,
measured in 2005 United States dollars, as adjusted by the Secretary to
reflect inflation since 2005.''.
SEC. 911. RESEARCH PRIORITIES.
Section 210(b) of the Education of the Deaf Act of 1986 (20 U.S.C.
4359b(b)) is amended by striking ``Committee on Education and the
Workforce of the House of Representatives, and the Committee on Labor
and Human Resources of the Senate'' and inserting ``Committee on
Education and Labor of the House of Representatives, and the Committee
on Health, Education, Labor, and Pensions of the Senate''.
SEC. 912. NATIONAL STUDY ON THE EDUCATION OF THE DEAF.
(a) Conduct of Study.--Subsection (a)(1) of section 211 of the
Education of the Deaf Act of 1986 (20 U.S.C. 4360) is amended by
inserting after ``The Secretary shall'' the following: ``establish a
commission on the education of the deaf (in this section referred to as
the `commission') to''.
(b) Public Input and Consultation.--Subsection (b) of such section
is amended by striking ``Secretary'' each place it appears and
inserting ``commission''.
(c) Report.--Subsection (c) of such section is amended--
(1) in the matter preceding paragraph (1), by striking
``Secretary'' and all that follows through ``1998'' and
inserting ``commission shall report to the Secretary and
Congress not later than 18 months after the date of the
enactment of the College Opportunity and Affordability Act of
2008''; and
(2) in paragraph (1)--
(A) by striking ``recommendations,'' and inserting
``recommendations relating to educated-related factors
that contribute to successful postsecondary education
experiences and employment for individuals who are
deaf,''; and
(B) by striking ``Secretary'' and inserting
``commission''.
(d) Authorization of Appropriations.--Subsection (d) of such
section is amended by striking ``$1,000,000 for each of the fiscal
years 1999 and 2000'' and inserting ``such sums as may be necessary for
each of the fiscal years 2008 and 2009''.
SEC. 913. AUTHORIZATION OF APPROPRIATIONS.
Section 212 of the Education of the Deaf Act of 1986 (20 U.S.C.
4360a) is amended--
(1) in subsection (a), in the matter preceding paragraph
(1), by striking ``fiscal years 1998 through 2003'' and
inserting ``fiscal years 2008 through 2013''; and
(2) in subsection (b), by striking ``fiscal years 1998
through 2003'' and inserting ``fiscal years 2008 through
2013''.
PART B--INDIAN EDUCATION
Subpart 1--Tribal Colleges and Universities
SEC. 921. REAUTHORIZATION OF THE TRIBALLY CONTROLLED COLLEGE OR
UNIVERSITY ASSISTANCE ACT OF 1978.
(a) Clarification of the Definition of National Indian
Organization.--Section 2(a)(6) of the Tribally Controlled College or
University Assistance Act of 1978 (25 U.S.C. 1801(a)(6)) is amended by
striking ``in the field of Indian education'' and inserting ``in the
fields of tribally controlled colleges and universities and Indian
higher education''.
(b) Indian Student Count.--Section 2(a) of the Tribally Controlled
College or University Assistance Act of 1978 (25 U.S.C. 1801(a)) is
amended--
(1) by redesignating paragraphs (7) and (8) as paragraphs
(8) and (9), respectively; and
(2) by inserting after paragraph (6) the following:
``(7) `Indian student' means a student who is--
``(A) a member of an Indian tribe; or
``(B) a biological child of a member of an Indian
tribe, living or deceased;''.
(c) Continuing Education.--Section 2(b) of the Tribally Controlled
College or University Assistance Act of 1978 (25 U.S.C. 1801(b)) is
amended--
(1) in the matter preceding paragraph (1), by striking
``paragraph (7) of subsection (a)'' and inserting ``subsection
(a)(8)'';
(2) by striking paragraph (5) and inserting the following:
``(5) Determination of credits.--Eligible credits earned in
a continuing education program--
``(A) shall be determined as 1 credit for every 10
contact hours in the case of an institution on a
quarter system, or 15 contact hours in the case of an
institution on a semester system, of participation in
an organized continuing education experience under
responsible sponsorship, capable direction, and
qualified instruction, as described in the criteria
established by the International Association for
Continuing Education and Training; and
``(B) shall be limited to 10 percent of the Indian
student count of a tribally controlled college or
university.''; and
(3) by striking paragraph (6).
(d) Accreditation Requirement.--Section 103 of the Tribally
Controlled College or University Assistance Act of 1978 (25 U.S.C.
1804) is amended--
(1) in paragraph (2), by striking ``and'' at the end;
(2) in paragraph (3), by striking the period at the end and
inserting ``; and''; and
(3) by inserting after paragraph (3), the following:
``(4)(A) is accredited by a nationally recognized
accrediting agency or association determined by the Secretary
of Education to be a reliable authority with regard to the
quality of training offered; or
``(B) according to such an agency or association, is making
reasonable progress toward accreditation.''.
(e) Technical Assistance Contracts.--Section 105 of the Tribally
Controlled College or University Assistance Act of 1978 (25 U.S.C.
1805) is amended--
(1) by striking the section designation and heading and all
that follows through ``The Secretary shall'' and inserting the
following:
``SEC. 105. TECHNICAL ASSISTANCE CONTRACTS.
``(a) Technical Assistance.--
``(1) In general.--The Secretary shall'';
(2) in the second sentence, by striking ``In the awarding
of contracts for technical assistance, preference shall be
given'' and inserting the following:
``(2) Designated organization.--The Secretary shall require
that a contract for technical assistance under paragraph (1)
shall be awarded''; and
(3) in the third sentence, by striking ``No authority'' and
inserting the following:
``(b) Effect of Section.--No authority''.
(f) Amount of Grants.--Section 108(a) of the Tribally Controlled
College or University Assistance Act of 1978 (25 U.S.C. 1808(a)) is
amended--
(1) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B), respectively, and indenting the
subparagraphs appropriately;
(2) by striking ``(a) Except as provided in section 111,''
and inserting the following:
``(a) Requirement.--
``(1) In general.--Except as provided in paragraph (2) and
section 111,'';
(3) in paragraph (1) (as redesignated by paragraphs (1) and
(2))--
(A) in the matter preceding subparagraph (A) (as
redesignated by paragraph (1))--
(i) by striking ``him'' and inserting ``the
Secretary''; and
(ii) by striking ``product of'' and
inserting ``product obtained by multiplying'';
(B) in subparagraph (A) (as redesignated by
paragraph (1)), by striking ``section 2(a)(7)'' and
inserting ``section 2(a)(8)''; and
(C) in subparagraph (B) (as redesignated by
paragraph (1)), by striking ``$6,000,'' and inserting
``$8,000, as adjusted annually for inflation.''; and
(4) by striking ``except that no grant shall exceed the
total cost of the education program provided by such college or
university.'' and inserting the following:
``(2) Exception.--The amount of a grant under paragraph (1)
shall not exceed an amount equal to the total cost of the
education program provided by the applicable tribally
controlled college or university.''.
(g) General Provisions Reauthorization.--Section 110(a) of the
Tribally Controlled College or University Assistance Act of 1978 (25
U.S.C. 1810(a)) is amended--
(1) in paragraphs (1), (2), (3), and (4), by striking
``1999'' and inserting ``2008'';
(2) in paragraphs (1), (2), and (3), by striking ``4
succeeding'' and inserting ``5 succeeding'';
(3) in paragraph (2), by striking ``$40,000,000'' and
inserting ``such sums as may be necessary'';
(4) in paragraph (3), by striking ``$10,000,000'' and
inserting ``such sums as may be necessary''; and
(5) in paragraph (4), by striking ``succeeding 4'' and
inserting ``5 succeeding''.
(h) Endowment Program Reauthorization.--Section 306(a) of the
Tribally Controlled College or University Assistance Act of 1978 (25
U.S.C. 1836(a)) is amended--
(1) by striking ``1999'' and inserting ``2008''; and
(2) by striking ``4 succeeding'' and inserting ``5
succeeding''.
(i) Tribal Economic Development Reauthorization.--Section 403 of
the Tribal Economic Development and Technology Related Education
Assistance Act of 1990 (25 U.S.C. 1852) is amended--
(1) by striking ``$2,000,000 for fiscal year 1999'' and
inserting ``such sums as may be necessary for fiscal year
2008''; and
(2) by striking ``4 succeeding'' and inserting ``5
succeeding''.
(j) Tribally Controlled Postsecondary Career and Technical
Institutions.--
(1) In general.--The Tribally Controlled College or
University Assistance Act of 1978 (25 U.S.C. 1801 et seq.) is
amended by adding at the end the following:
``TITLE V--TRIBALLY CONTROLLED POSTSECONDARY CAREER AND TECHNICAL
INSTITUTIONS
``SEC. 501. DEFINITION OF TRIBALLY CONTROLLED POSTSECONDARY CAREER AND
TECHNICAL INSTITUTION.
``In this title, the term `tribally controlled postsecondary career
and technical institution' has the meaning given the term in section 3
of the Carl D. Perkins Career and Technical Education Act of 2006 (20
U.S.C. 2302).
``SEC. 502. TRIBALLY CONTROLLED POSTSECONDARY CAREER AND TECHNICAL
INSTITUTIONS PROGRAM.
``(a) In General.--Subject to the availability of appropriations,
for fiscal year 2008 and each fiscal year thereafter, the Secretary
shall--
``(1) subject to subsection (b), select 2 tribally
controlled postsecondary career and technical institutions to
receive assistance under this title; and
``(2) provide funding to the selected tribally controlled
postsecondary career and technical institutions to pay the
costs (including institutional support costs) of operating
postsecondary career and technical education programs for
Indian students at the tribally controlled postsecondary career
and technical institutions.
``(b) Selection of Certain Institutions.--
``(1) Requirement.--For each fiscal year during which the
Secretary determines that a tribally controlled postsecondary
career and technical institution described in paragraph (2)
meets the definition referred to in section 501, the Secretary
shall select that tribally controlled postsecondary career and
technical institution under subsection (a)(1) to receive
funding under this section.
``(2) Institutions.--The 2 tribally controlled
postsecondary career and technical institutions referred to in
paragraph (1) are--
``(A) the United Tribes Technical College; and
``(B) the Navajo Technical College.
``(c) Method of Payment.--For each applicable fiscal year, the
Secretary shall provide funding under this section to each tribally
controlled postsecondary career and technical institution selected for
the fiscal year under subsection (a)(1) in a lump sum payment for the
fiscal year.
``(d) Distribution.--
``(1) In general.--For fiscal year 2009 and each fiscal
year thereafter, of amounts made available pursuant to section
504, the Secretary shall distribute to each tribally controlled
postsecondary career and technical institution selected for the
fiscal year under subsection (a)(1) an amount equal to the
greater of--
``(A) the total amount appropriated for the
tribally controlled postsecondary career and technical
institution for fiscal year 2006; or
``(B) the total amount appropriated for the
tribally controlled postsecondary career and technical
institution for fiscal year 2008.
``(2) Excess amounts.--If, for any fiscal year, the amount
made available pursuant to section 504 exceeds the sum of the
amounts required to be distributed under paragraph (1) to the
tribally controlled postsecondary career and technical
institutions selected for the fiscal year under subsection
(a)(1), the Secretary shall distribute to each tribally
controlled postsecondary career and technical institution
selected for that fiscal year a portion of the excess amount,
to be determined by--
``(A) dividing the excess amount by the aggregate
Indian student count (as defined in section 117(h) of
the Carl D. Perkins Career and Technical Education Act
of 2006 (20 U.S.C. 2327(h))) of such institutions for
the prior academic year; and
``(B) multiplying the quotient described in
subparagraph (A) by the Indian student count of each
such institution for the prior academic year.
``SEC. 503. APPLICABILITY OF OTHER LAWS.
``(a) In General.--Paragraphs (4) and (7) of subsection (a), and
subsection (b), of section 2, sections 105, 108, 111, 112 and 113, and
titles II, III, and IV shall not apply to this title.
``(b) Indian Self-Determination and Education Assistance.--Funds
made available pursuant to this title shall be subject to the Indian
Self-Determination and Education Assistance Act (25 U.S.C. 450 et
seq.).
``(c) Election To Receive.--A tribally controlled postsecondary
career and technical institution selected for a fiscal year under
section 502(b) may elect to receive funds pursuant to section 502 in
accordance with an agreement between the tribally controlled
postsecondary career and technical institution and the Secretary under
the Indian Self-Determination and Education Assistance Act (25 U.S.C.
450 et seq.) if the agreement is in existence on the date of enactment
of the College Opportunity and Affordability Act of 2008.
``(d) Other Assistance.--Eligibility for, or receipt of, assistance
under this title shall not preclude the eligibility of a tribally
controlled postsecondary career and technical institutions to receive
Federal financial assistance under--
``(1) any program under the Higher Education Act of 1965
(20 U.S.C. 1001 et seq.);
``(2) any program under the Carl D. Perkins Career and
Technical Education Act of 2006; or
``(3) any other applicable program under which a benefit is
provided for--
``(A) institutions of higher education;
``(B) community colleges; or
``(C) postsecondary educational institutions.
``SEC. 504. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated such sums as are
necessary for fiscal year 2008 and each fiscal year thereafter to carry
out this title.''.
(2) Conforming amendments.--Section 117 of the Carl D.
Perkins Career and Technical Education Act of 2006 (20 U.S.C.
2327) is amended--
(A) by striking subsection (a) and inserting the
following:
``(a) Grant Program.--Subject to the availability of
appropriations, the Secretary shall make grants under this section, to
provide basic support for the education and training of Indian
students, to tribally controlled postsecondary career and technical
institutions that are not receiving Federal assistance as of the date
on which the grant is provided under--
``(1) title I of the Tribally Controlled College or
University Assistance Act of 1978 (25 U.S.C. 1802 et seq.); or
``(2) the Navajo Community College Act (25 U.S.C. 640a et
seq.).''; and
(B) by striking subsection (d) and inserting the
following:
``(d) Applications.--To be eligible to receive a grant under this
section, a tribally controlled postsecondary career and technical
institution that is not receiving Federal assistance under title I of
the Tribally Controlled College or University Assistance Act (25 U.S.C.
1802 et seq.) or the Navajo Community College Act (25 U.S.C. 640a et
seq.) shall submit to the Secretary an application at such time, in
such manner, and containing such information as the Secretary may
require.''.
(k) Short Title.--
(1) In general.--The first section of the Tribally
Controlled College or University Assistance Act of 1978 (25
U.S.C. 1801 note; Public Law 95-471) is amended to read as
follows:
``SEC. 1. SHORT TITLE.
``This Act may be cited as the `Tribally Controlled Colleges and
Universities Assistance Act of 1978'.''.
(2) References.--Any reference in law (including
regulations) to the Tribally Controlled College or University
Assistance Act of 1978 shall be considered to be a reference to
the ``Tribally Controlled Colleges and Universities Assistance
Act of 1978''.
Subpart 2--Navajo Higher Education
SEC. 931. REAUTHORIZATION OF NAVAJO COMMUNITY COLLEGE ACT.
(a) Purpose.--Section 2 of the Navajo Community College Act (25
U.S.C. 640a) is amended--
(1) by striking ``Navajo Tribe of Indians'' and inserting
``Navajo Nation''; and
(2) by striking ``the Navajo Community College'' and
inserting ``Dine College''.
(b) Grants.--Section 3 of the Navajo Community College Act (25
U.S.C. 640b) is amended--
(1) in the first sentence--
(A) by inserting ``the'' before ``Interior'';
(B) by striking ``Navajo Tribe of Indians'' and
inserting ``Navajo Nation''; and
(C) by striking ``the Navajo Community College''
and inserting ``Dine College''; and
(2) in the second sentence--
(A) by striking ``Navajo Tribe'' and inserting
``Navajo Nation''; and
(B) by striking ``Navajo Indians'' and inserting
``Navajo people''.
(c) Study of Facilities Needs.--Section 4 of the Navajo Community
College Act (25 U.S.C. 640c) is amended--
(1) in subsection (a)--
(A) in the first sentence--
(i) by striking ``the Navajo Community
College'' and inserting ``Dine College''; and
(ii) by striking ``August 1, 1979'' and
inserting ``October 31, 2010''; and
(B) in the second sentence, by striking ``Navajo
Tribe'' and inserting ``Navajo Nation'';
(2) in subsection (b), by striking ``the date of enactment
of the Tribally Controlled Community College Assistance Act of
1978'' and inserting ``October 1, 2007''; and
(3) in subsection (c), in the first sentence, by striking
``the Navajo Community College'' and inserting ``Dine
College''.
(d) Authorization of Appropriations.--Section 5 of the Navajo
Community College Act (25 U.S.C. 640c-1) is amended--
(1) in subsection (a)--
(A) in paragraph (1), by striking ``$2,000,000''
and all that follows through the end of the paragraph
and inserting ``such sums as are necessary for fiscal
years 2008 through 2013.''; and
(B) by adding at the end the following:
``(3) Sums described in paragraph (2) shall be used to provide
grants for construction activities, including the construction of
buildings, water and sewer facilities, roads, information technology
and telecommunications infrastructure, classrooms, and external
structures (such as walkways).'';
(2) in subsection (b)(1)--
(A) in the matter preceding subparagraph (A)--
(i) by striking ``the Navajo Community
College'' and inserting ``Dine College''; and
(ii) by striking ``, for each fiscal year''
and all that follows through ``for--'' and
inserting ``such sums as are necessary for
fiscal years 2008 through 2013 to pay the cost
of--'';
(B) in subparagraph (A)--
(i) by striking ``college'' and inserting
``College'';
(ii) in clauses (i) and (iii), by striking
the commas at the end of the clauses and
inserting semicolons; and
(iii) in clause (ii), by striking ``, and''
at the end and inserting ``; and'';
(C) in subparagraph (B), by striking the comma at
the end and inserting a semicolon;
(D) in subparagraph (C), by striking ``, and'' at
the end and inserting a semicolon;
(E) in subparagraph (D), by striking the period at
the end and inserting ``; and''; and
(F) by adding at the end the following:
``(E) improving and expanding the College,
including by providing, for the Navajo people and
others in the community of the College--
``(i) higher education programs;
``(ii) career and technical education;
``(iii) activities relating to the
preservation and protection of the Navajo
language, philosophy, and culture;
``(iv) employment and training
opportunities;
``(v) economic development and community
outreach; and
``(vi) a safe learning, working, and living
environment.''; and
(3) in subsection (c), by striking ``the Navajo Community
College'' and inserting ``Dine College''.
(e) Effect on Other Laws.--Section 6 of the Navajo Community
College Act (25 U.S.C. 640c-2) is amended--
(1) by striking ``the Navajo Community College'' each place
it appears and inserting ``Dine College''; and
(2) in subsection (b), by striking ``college'' and
inserting ``College''.
(f) Payments; Interest.--Section 7 of the Navajo Community College
Act (25 U.S.C. 640c-3) is amended by striking ``the Navajo Community
College'' each place it appears and inserting ``Dine College''.
PART C--HIGHER EDUCATION AMENDMENTS OF 1998; HIGHER EDUCATION
AMENDMENTS OF 1992
SEC. 941. GRANTS FOR TRAINING FOR INCARCERATED INDIVIDUALS.
Part D of title VIII of the Higher Education Amendments of 1998 (20
U.S.C. 1151) is amended to read as follows:
``PART D--GRANTS FOR TRAINING FOR INCARCERATED INDIVIDUALS
``SEC. 821. GRANTS FOR IMPROVED WORKPLACE AND COMMUNITY TRANSITION
TRAINING FOR INCARCERATED INDIVIDUALS.
``(a) Definition.--In this section:
``(1) Incarcerated individual.--The term `incarcerated
individual' means a male or female offender who is incarcerated
in a State prison, including a prerelease facility.
``(2) Secretary.--The term `Secretary' means the Secretary
of Education.
``(b) Grant Program.--The Secretary--
``(1) shall establish a program in accordance with this
section to provide grants to the State correctional education
agencies in the States to assist and encourage incarcerated
individuals to acquire educational and job skills, through--
``(A) coursework to prepare students to take
college-level courses, such as remedial math and
English for postsecondary preparation;
``(B) the pursuit of a postsecondary education
certificate, or an associate or bachelor's degree,
provided by a regionally or nationally accredited body
while in prison; and
``(C) employment counseling and other related
services which start during incarceration and end not
later than 1 year after release from confinement; and
``(2) may establish such performance objectives and
reporting requirements for State correctional education
agencies receiving grants under this section as the Secretary
determines are necessary to assess the effectiveness of the
program under this section.
``(c) Application.--To be eligible for a grant under this section,
a State correctional education agency shall submit to the Secretary a
proposal for an incarcerated individual program that--
``(1) identifies the scope of the problem, including the
number of incarcerated individuals in need of postsecondary
education and vocational training;
``(2) lists the accredited public or private educational
institution or institutions with campuses established outside
the prison facility that will provide postsecondary preparatory
or postsecondary educational services;
``(3) lists the cooperating agencies, public and private,
or businesses that will provide related services, such as
counseling in the areas of career development, substance abuse,
health, and parenting skills;
``(4) describes specific performance objectives and
evaluation methods (in addition to, and consistent with, any
objectives established by the Secretary under subsection
(b)(2)) that the State correctional education agency will use
in carrying out its proposal, including--
``(A) specific and quantified student outcome
measures that are referenced to outcomes for non-
program participants with similar demographic
characteristics; and
``(B) measures, consistent with the data elements
and definitions described in subsection (d)(1)(A), of--
``(i) program completion, including an
explicit definition of what constitutes a
program completion within the proposal;
``(ii) knowledge and skill attainment,
including specification of instruments that
will measure knowledge and skill attainment;
``(iii) attainment of employment both prior
to and subsequent to release;
``(iv) success in employment indicated by
job retention and advancement; and
``(v) recidivism, including such
subindicators as time before subsequent offense
and severity of offense;
``(5) describes how the proposed programs are to be
integrated with existing State correctional education programs
(such as adult education, graduate education degree programs,
and vocational training) and State prison industry programs;
and
``(6) describes how the proposed programs will have
considered or will utilize technology to deliver the services
under this section.
``(d) Program Requirements.--Each State correctional education
agency receiving a grant under this section shall--
``(1) annually report to the Secretary regarding--
``(A) the results of the evaluations conducted
using data elements and definitions provided by the
Secretary for the use of State correctional education
programs;
``(B) any objectives or requirements established by
the Secretary pursuant to subsection (b)(2);
``(C) the additional performance objectives and
evaluation methods contained in the proposal described
in subsection (c)(4) as necessary to document the
attainment of project performance objectives; and
``(D) how the funds provided under this section are
being allocated among postsecondary preparatory
education, postsecondary academic, and vocational
education programs; and
``(2) provide to each State for each student eligible under
subsection (e) not more than--
``(A) $3,000 annually for tuition, books, and
essential materials; and
``(B) $300 annually for related services such as
career development, substance abuse counseling,
parenting skills training, and health education.
``(e) Education Delivery Systems.--State correctional education
agencies and cooperating institutions shall, to the extent practicable,
use high-tech applications in developing programs to meet the
requirements and goals of this section.
``(f) Length of Participation.--Services carried out with a grant
under this section shall be available to incarcerated individuals as
follows:
``(1) Educational services shall start during the period of
incarceration or prerelease and shall end upon release.
``(2) Related services shall start during the period of
incarceration or prerelease and may continue for not more than
one year after release.
``(g) Allocation of Funds.--From the funds appropriated pursuant to
subsection (h) for each fiscal year, the Secretary shall allot to each
State an amount that bears the same ratio to such funds as the total
number of incarcerated individuals in such State bears to the total
number of such incarcerated individuals in all States.
``(h) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section such sums as may be necessary
for fiscal year 2009 and each of the 4 succeeding fiscal years.''.
SEC. 942. UNDERGROUND RAILROAD.
Section 841(c) of the Higher Education Amendments of 1998 (20
U.S.C. 1153(c)) is amended by striking ``this section'' and all that
follows through the period at the end and inserting ``this section
$3,000,000 for fiscal years 2009 and the 4 succeeding fiscal years.''.
SEC. 943. REPEALS OF EXPIRED AND EXECUTED PROVISIONS.
The following provisions of the Higher Education Amendments of 1998
are repealed:
(1) Study of market mechanisms in federal student loan
programs.--Section 801 (20 U.S.C. 1018 note).
(2) Study of feasibility of alternate financial instruments
for determining lender yields.--Section 802.
(3) Student related debt study.--Section 803 (20 U.S.C.
1015 note).
(4) Community scholarship mobilization.--Part C of title
VIII (20 U.S.C. 1070 note).
(5) Improving united states understanding of science,
engineering, and technology in east asia.--Part F of title VIII
(42 U.S.C. 1862 note).
(6) Web-based education commission.--Part J of title VIII.
SEC. 944. OLYMPIC SCHOLARSHIPS.
Section 1543(d) of the Higher Education Amendments of 1992 (20
U.S.C. 1070 note) is amended by striking ``1999'' and inserting
``2009''.
SEC. 945. ESTABLISHMENT OF ASSISTANT SECRETARY FOR INTERNATIONAL AND
FOREIGN LANGUAGE EDUCATION.
(a) In General.--Section 202 of the Department of Education
Organization Act (20 U.S.C. 3412) is amended in subsection (b)(1)--
(1) in subparagraph (E) by striking ``and'' at the end;
(2) by redesignating subparagraph (F) as subparagraph (G);
and
(3) by inserting after subparagraph (E) the following:
``(F) an Assistant Secretary for International and Foreign
Language Education; and''.
(b) Functions.--Such section is further amended by adding at the
end the following:
``(j) The Assistant Secretary for International and Foreign
Language Education--
``(1) shall be an individual with extensive background and
experience in international and foreign language education; and
``(2) notwithstanding any other provision of law, shall
report directly to the Secretary.''.
(c) Conforming Amendment.--Such section is further amended in
subsection (e)--
(1) in paragraph (4), by adding ``and'' at the end;
(2) in paragraph (5), by striking ``; and'' at the end and
inserting a period; and
(3) by striking paragraph (6).
(d) Office of International and Foreign Language Education.--Title
II of the Department of Education Organization Act is amended by
inserting after section 207 (20 U.S.C. 3417) the following:
``office of international and foreign language education
``Sec. 207A. There shall be in the Department an Office of
International and Foreign Language Education, to be administered by the
Assistant Secretary for International and Foreign Language Education
appointed under section 202(b). In addition to performing such
functions affecting international and foreign language education as the
Secretary may prescribe, the Assistant Secretary shall--
``(1) have responsibility for encouraging and promoting the
study of foreign languages and the study of cultures of other
countries at the elementary, secondary, and postsecondary
levels in the United States;
``(2) carry out the administration of all Department
programs on international and foreign language education and
research;
``(3) coordinate with related international and foreign
language education programs of other Federal departments and
agencies; and
``(4) administer and coordinate the Department of
Education's activities in international affairs.''.
PART D--JUSTICE DEPARTMENT PROGRAMS
SEC. 951. LOAN REPAYMENT FOR PROSECUTORS AND DEFENDERS.
Title I of the Omnibus Crime Control and Safe Streets Act of 1968
(42 U.S.C. 3711 et seq.) is amended by adding at the end the following:
``PART JJ--LOAN REPAYMENT FOR PROSECUTORS AND PUBLIC DEFENDERS
``SEC. 3111. GRANT AUTHORIZATION.
``(a) Purpose.--The purpose of this section is to encourage
qualified individuals to enter and continue employment as prosecutors
and public defenders.
``(b) Definitions.--In this section:
``(1) Prosecutor.--The term `prosecutor' means a full-time
employee of a State or local agency who--
``(A) is continually licensed to practice law; and
``(B) prosecutes criminal or juvenile delinquency
cases (or both) at the State or local level, including
an employee who supervises, educates, or trains other
persons prosecuting such cases.
``(2) Public defender.--The term `public defender' means an
attorney who--
``(A) is continually licensed to practice law; and
``(B) is--
``(i) a full-time employee of a State or
local agency who provides legal representation
to indigent persons in criminal or juvenile
delinquency cases (or both), including an
attorney who supervises, educates, or trains
other persons providing such representation;
``(ii) a full-time employee of a nonprofit
organization operating under a contract with a
State or unit of local government, who devotes
substantially all of such full-time employment
to providing legal representation to indigent
persons in criminal or juvenile delinquency
cases (or both), including an attorney who
supervises, educates, or trains other persons
providing such representation; or
``(iii) employed as a full-time Federal
defender attorney in a defender organization
established pursuant to subsection (g) of
section 3006A of title 18, United States Code,
that provides legal representation to indigent
persons in criminal or juvenile delinquency
cases (or both).
``(3) Student loan.--The term `student loan' means--
``(A) a loan made, insured, or guaranteed under
part B of title IV of the Higher Education Act of 1965
(20 U.S.C. 1071 et seq.);
``(B) a loan made under part D or E of title IV of
the Higher Education Act of 1965 (20 U.S.C. 1087a et
seq. and 1087aa et seq.); and
``(C) a loan made under section 428C or 455(g) of
the Higher Education Act of 1965 (20 U.S.C. 1078-3 and
1087e(g)) to the extent that such loan was used to
repay a Federal Direct Stafford Loan, a Federal Direct
Unsubsidized Stafford Loan, or a loan made under
section 428 or 428H of such Act.
``(c) Program Authorized.--The Attorney General shall, subject to
the availability of appropriations, establish a program by which the
Department of Justice shall assume the obligation to repay a student
loan, by direct payments on behalf of a borrower to the holder of such
loan, in accordance with subsection (d), for any borrower who--
``(1) is employed as a prosecutor or public defender; and
``(2) is not in default on a loan for which the borrower
seeks forgiveness.
``(d) Terms of Loan Repayment.--
``(1) Borrower agreement.--To be eligible to receive
repayment benefits under subsection (c), a borrower shall enter
into a written agreement with the Attorney General that
specifies that--
``(A) the borrower will remain employed as a
prosecutor or public defender for a required period of
service of not less than 3 years, unless involuntarily
separated from that employment;
``(B) if the borrower is involuntarily separated
from employment on account of misconduct, or
voluntarily separates from employment, before the end
of the period specified in the agreement, the borrower
will repay the Attorney General the amount of any
benefits received by such employee under this section;
and
``(C) if the borrower is required to repay an
amount to the Attorney General under subparagraph (B)
and fails to repay such amount, a sum equal to that
amount shall be recoverable by the Federal Government
from the employee (or such employee's estate, if
applicable) by such methods as are provided by law for
the recovery of amounts owed to the Federal Government.
``(2) Repayment by borrower.--
``(A) In general.--Any amount repaid by, or
recovered from, an individual or the estate of an
individual under this subsection shall be credited to
the appropriation account from which the amount
involved was originally paid.
``(B) Merger.--Any amount credited under
subparagraph (A) shall be merged with other sums in
such account and shall be available for the same
purposes and period, and subject to the same
limitations, if any, as the sums with which the amount
was merged.
``(C) Waiver.--The Attorney General may waive, in
whole or in part, a right of recovery under this
subsection if it is shown that recovery would be
against equity and good conscience or against the
public interest.
``(3) Limitations.--
``(A) Student loan payment amount.--Student loan
repayments made by the Attorney General under this
section shall be made subject to the availability of
appropriations, and subject to such terms, limitations,
or conditions as may be mutually agreed upon by the
borrower and the Attorney General in an agreement under
paragraph (1), except that the amount paid by the
Attorney General under this section shall not exceed--
``(i) $10,000 for any borrower in any
calendar year; or
``(ii) an aggregate total of $60,000 in the
case of any borrower.
``(B) Beginning of payments.--Nothing in this
section shall authorize the Attorney General to pay any
amount to reimburse a borrower for any repayments made
by such borrower prior to the date on which the
Attorney General entered into an agreement with the
borrower under this subsection.
``(e) Additional Agreements.--
``(1) In general.--On completion of the required period of
service under an agreement under subsection (d), the borrower
and the Attorney General may, subject to paragraph (2), enter
into an additional agreement in accordance with subsection (d).
``(2) Term.--An agreement entered into under paragraph (1)
may require the borrower to remain employed as a prosecutor or
public defender for less than 3 years.
``(f) Award Basis; Priority.--
``(1) Award basis.--The Attorney General shall provide
repayment benefits under this section--
``(A) subject to the availability of
appropriations; and
``(B) in accordance with paragraph (2), except that
the Attorney General shall determine a fair allocation
of repayment benefits among prosecutors and defenders,
and among employing entities nationwide.
``(2) Priority.--In providing repayment benefits under this
section in any fiscal year, the Attorney General shall give
priority to borrowers--
``(A) who, when compared to other eligible
borrowers, have the least ability to repay their
student loans (considering whether the borrower is the
beneficiary of any other student loan repayment
program), as determined by the Attorney General; or
``(B) who--
``(i) received repayment benefits under
this section during the preceding fiscal year;
and
``(ii) have completed less than 3 years of
the first required period of service specified
for the borrower in an agreement entered into
under subsection (d).
``(g) Regulations.--The Attorney General is authorized to issue
such regulations as may be necessary to carry out the provisions of
this section.
``(h) Report by Inspector General.--Not later than 3 years after
the date of the enactment of this section, the Inspector General of the
Department of Justice shall submit to Congress a report on--
``(1) the cost of the program authorized under this
section; and
``(2) the impact of such program on the hiring and
retention of prosecutors and public defenders.
``(i) GAO Study.--Not later than one year after the date of the
enactment of this section, the Comptroller General shall conduct a
study of, and report to Congress on, the impact that law school
accreditation requirements and other factors have on the costs of law
school and student access to law school, including the impact of such
requirements on racial and ethnic minorities.
``(j) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $25,000,000 for each of the
fiscal years 2008 through 2013.''.
SEC. 952. NATIONAL CENTER FOR CAMPUS PUBLIC SAFETY.
(a) In General.--The Attorney General of the United States is
authorized to make grants, through the Office of Community Oriented
Policing Services, to establish and operate a National Center for
Campus Public Safety (referred to in this section as the ``Center'').
The Center shall--
(1) provide quality education and training for campus
public safety agencies and the agencies' collaborative
partners, including campus mental health agencies;
(2) foster quality research to strengthen the safety and
security of the institutions of higher education in the United
States;
(3) serve as a clearinghouse for the identification and
dissemination of information, policies, procedures, and best
practices relevant to campus public safety, including off-
campus housing safety, the prevention of violence against
persons and property and emergency response and evacuation
procedures;
(4) develop protocols, in conjunction with the Attorney
General, the Secretary of Homeland Security, the Secretary of
Education, State, local, and tribal governments and law
enforcement agencies, private and nonprofit organizations and
associations, and other stakeholders, to prevent, protect
against, respond to, and recover from, natural and man-made
emergencies or dangerous situations involving an immediate
threat to the health or safety of the campus community;
(5) promote the development and dissemination of effective
behavioral threat assessment and management models to prevent
campus violence;
(6) coordinate campus safety information (including ways to
increase off-campus housing safety) and resources available
from the Department of Justice, the Department of Homeland
Security, the Department of Education, State, local, and tribal
governments and law enforcement agencies, and private and
nonprofit organizations and associations;
(7) increase cooperation, collaboration, and consistency in
prevention, response, and problem-solving methods among law
enforcement, mental health, and other agencies and
jurisdictions serving institutions of higher education in the
United States;
(8) develop standardized formats and models for mutual aid
agreements and memoranda of understanding between campus
security agencies and other public safety organizations and
mental health agencies; and
(9) report annually to Congress and the Attorney General on
activities performed by the Center during the previous 12
months.
(b) Coordination With Available Resources.--In establishing the
Center, the Attorney General shall--
(1) consult with the Secretary of Homeland Security, the
Secretary of Education, and the Attorneys General of each
State; and
(2) coordinate the establishment and operation of the
Center with campus public safety resources that may already be
available within the Department of Homeland Security and the
Department of Education.
(c) Definition of Institution of Higher Education.--In this
section, the term ``institution of higher education'' has the meaning
given the term in section 101 of the Higher Education Act of 1965 (20
U.S.C. 1001).
(d) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $2,750,000 for each of the
fiscal years 2008 and 2009 and such sums as may be necessary
thereafter.
(e) Sense of the House of Representatives.--It is the sense of the
House of Representatives that in order to increase awareness of the
importance of student safety in off-campus housing that is located in
the areas surrounding colleges and universities, the following should
be encouraged:
(1) The creation of chapters at colleges and universities
that aim to raise awareness of the issue of off-campus student
safety.
(2) Public awareness on the benefits of security measures
that may increase the safety of students living in off-campus
housing.
(3) Collaborative partnerships between Federal agencies,
local law enforcement agencies, non-profit organizations,
colleges and universities, and communities to disseminate
information and best practices related to off-campus housing
safety for students.
SEC. 953. PRIVATE LOAN FORGIVENESS.
Notwithstanding any other provision of law--
(1) a public or private institution of higher education may
provide an officer or employee of any branch of the United
States Government, of any independent agency of the United
States, or of the District of Columbia who is a current or
former student of such institution, financial assistance for
the purpose of repaying a student loan or providing forbearance
of student loan repayment: Provided, That such repaying or
providing forbearance is provided to any such officer or
employee in accordance with a written, published policy of the
institution relating to repaying or providing forbearance,
respectively, for students or former students who perform
public service; and
(2) an officer or employee of any branch of the United
States Government, of any independent agency of the United
States, or of the District of Columbia may receive repayment or
forbearance permitted under paragraph (1).
PART E--STEVENSON-WYDLER TECHNOLOGY INNOVATION ACT OF 1980
SEC. 961. ESTABLISHMENT OF PROGRAM.
Section 5 of the Stevenson-Wydler Technology Innovation Act of 1980
(15 U.S.C. 3704) is amended by inserting the following after subsection
(b):
``(c) Minority Serving Institution Digital and Wireless Technology
Opportunity Program.--
``(1) In general.--The Secretary shall establish a Minority
Serving Institution Digital and Wireless Technology Opportunity
Program to assist eligible institutions in acquiring, and
augmenting their use of, digital and wireless networking
technologies to improve the quality and delivery of educational
services at eligible institutions.
``(2) Authorized activities.--An eligible institution may
use a grant, cooperative agreement, or contract awarded under
this subsection--
``(A) to acquire equipment, instrumentation,
networking capability, hardware and software, digital
network technology, wireless technology, and
infrastructure to further the objective of the Program
described in paragraph (1);
``(B) to develop and provide training, education,
and professional development programs, including
faculty development, to increase the use of, and
usefulness of, digital and wireless networking
technology;
``(C) to provide teacher education, including the
provision of preservice teacher training and in-service
professional development at eligible institutions,
library and media specialist training, and preschool
and teacher aid certification to individuals who seek
to acquire or enhance technology skills in order to use
digital and wireless networking technology in the
classroom or instructional process, including
instruction in science, mathematics, engineering, and
technology subjects;
``(D) to obtain capacity-building technical
assistance, including through remote technical support,
technical assistance workshops, and distance learning
services; and
``(E) to foster the use of digital and wireless
networking technology to improve research and
education, including scientific, mathematics,
engineering, and technology instruction.
``(3) Application and review procedures.--
``(A) In general.--To be eligible to receive a
grant, cooperative agreement, or contract under this
subsection, an eligible institution shall submit an
application to the Secretary at such time, in such
manner, and containing such information as the
Secretary may require. Such application, at a minimum,
shall include a description of how the funds will be
used, including a description of any digital and
wireless networking technology to be acquired, and a
description of how the institution will ensure that
digital and wireless networking will be made accessible
to, and employed by, students, faculty, and
administrators. The Secretary, consistent with
subparagraph (C) and in consultation with the advisory
council established under subparagraph (B), shall
establish procedures to review such applications. The
Secretary shall publish the application requirements
and review criteria in the Federal Register, along with
a statement describing the availability of funds.
``(B) Advisory council.--The Secretary shall
establish an advisory council to advise the Secretary
on the best approaches to encourage maximum
participation by eligible institutions in the program
established under paragraph (1), and on the procedures
to review proposals submitted to the program. In
selecting the members of the advisory council, the
Secretary shall consult with representatives of
appropriate organizations, including representatives of
eligible institutions, to ensure that the membership of
the advisory council includes representatives of
minority businesses and eligible institution
communities. The Secretary shall also consult with
experts in digital and wireless networking technology
to ensure that such expertise is represented on the
advisory council.
``(C) Review panels.--Each application submitted
under this subsection by an eligible institution shall
be reviewed by a panel of individuals selected by the
Secretary to judge the quality and merit of the
proposal, including the extent to which the eligible
institution can effectively and successfully utilize
the proposed grant, cooperative agreement, or contract
to carry out the program described in paragraph (1).
The Secretary shall ensure that the review panels
include representatives of minority serving
institutions and others who are knowledgeable about
eligible institutions and technology issues. The
Secretary shall ensure that no individual assigned
under this subsection to review any application has a
conflict of interest with regard to that application.
The Secretary shall take into consideration the
recommendations of the review panel in determining
whether to award a grant, cooperative agreement, or
contract to an eligible institution.
``(D) Information dissemination.--The Secretary
shall convene an annual meeting of eligible
institutions receiving grants, cooperative agreements,
or contracts under this subsection to foster
collaboration and capacity-building activities among
eligible institutions.
``(E) Matching requirement.--The Secretary may not
award a grant, cooperative agreement, or contract to an
eligible institution under this subsection unless such
institution agrees that, with respect to the costs
incurred by the institution in carrying out the program
for which the grant, cooperative agreement, or contract
was awarded, such institution shall make available,
directly, or through donations from public or private
entities, non-Federal contributions in an amount equal
to one-quarter of the grant, cooperative agreement, or
contract awarded by the Secretary, or $500,000,
whichever is the lesser amount. The Secretary shall
waive the matching requirement for any institution or
consortium with no endowment, or an endowment that has
a current dollar value lower than $50,000,000.
``(F) Awards.--
``(i) Limitation.--An eligible institution
that receives a grant, cooperative agreement,
or contract under this subsection that exceeds
$2,500,000 shall not be eligible to receive
another grant, cooperative agreement, or
contract.
``(ii) Consortia.--Grants, cooperative
agreements, and contracts may only be awarded
to eligible institutions. Eligible institutions
may seek funding under this subsection for
consortia which may include other eligible
institutions, a State or a State education
agency, local education agencies, institutions
of higher education, community-based
organizations, national nonprofit
organizations, or businesses, including
minority businesses.
``(iii) Planning grants.--The Secretary may
provide funds to develop strategic plans to
implement such grants, cooperative agreements,
or contracts.
``(iv) Institutional diversity.--In
awarding grants, cooperative agreements, and
contracts to eligible institutions, the
Secretary shall ensure, to the extent
practicable, that awards are made to all types
of institutions eligible for assistance under
this subsection.
``(v) Need.--In awarding funds under this
subsection, the Secretary shall give priority
to the institution with the greatest
demonstrated need for assistance.
``(G) Annual report and evaluation.--
``(i) Annual report required from
recipients.--Each institution that receives a
grant, cooperative agreement, or contract
awarded under this subsection shall provide an
annual report to the Secretary on its use of
the grant, cooperative agreement, or contract.
``(ii) Independent assessment.--Not later
than 6 months after the date of enactment of
this subsection, the Secretary shall enter into
a contract with the National Academy of Public
Administration to conduct periodic assessments
of the program. The Assessments shall be
conducted once every 3 years during the 10-year
period following the enactment of this
subsection. The assessments shall include an
evaluation of the effectiveness of the program
in improving the education and training of
students, faculty and staff at eligible
institutions that have been awarded grants,
cooperative agreements, or contracts under the
program; an evaluation of the effectiveness of
the program in improving access to, and
familiarity with, digital and wireless
networking technology for students, faculty,
and staff at all eligible institutions; an
evaluation of the procedures established under
paragraph (3)(A); and recommendations for
improving the program, including
recommendations concerning the continuing need
for Federal support. In carrying out its
assessments, the National Academy of Public
Administration shall review the reports
submitted to the Secretary under clause (i).
``(iii) Report to congress.--Upon
completion of each independent assessment
carried out under clause (ii), the Secretary
shall transmit the assessment to Congress along
with a summary of the Secretary's plans, if
any, to implement the recommendations of the
National Academy of Public Administration.
``(H) Definitions.--In this subsection:
``(i) Digital and wireless networking
technology.--The term `digital and wireless
networking technology' means computer and
communications equipment and software that
facilitates the transmission of information in
a digital format.
``(ii) Eligible institution.--The term
`eligible institution' means an institution
that is--
``(I) a historically Black college
or university that is a part B
institution, as defined in section
322(2) of the Higher Education Act of
1965 (20 U.S.C. 1061(2)), an
institution described in section
326(e)(1)(A), (B), or (C) of that Act
(20 U.S.C. 1063b(e)(1)(A), (B), or
(C)), or a consortium of institutions
described in this subparagraph;
``(II) a Hispanic-serving
institution, as defined in section
502(a)(5) of the Higher Education Act
of 1965 (20 U.S.C. 1101a(a)(5));
``(III) a tribally controlled
college or university, as defined in
section 316(b)(3) of the Higher
Education Act of 1965 (20 U.S.C.
1059c(b)(3));
``(IV) an Alaska Native-serving
institution under section 317(b) of the
Higher Education Act of 1965 (20 U.S.C.
1059d(b));
``(V) a Native Hawaiian-serving
institution under section 317(b) of the
Higher Education Act of 1965 (20 U.S.C.
1059d(b)); or
``(VI) an institution of higher
education (as defined in section 365 of
the Higher Education Act of 1965 (20
U.S.C. 1067k)) with an enrollment of
needy students (as defined in section
312(d) of the Higher Education Act of
1965 (20 U.S.C. 1058(d))).
``(iii) Institution of higher education.--
The term `institution of higher education' has
the meaning given the term in section 101 of
the Higher Education Act of 1965 (20 U.S.C.
1001).
``(iv) Local educational agency.--The term
`local educational agency' has the meaning
given the term in section 9101 of the
Elementary and Secondary Education Act of 1965
(20 U.S.C. 7801).
``(v) Minority business.--The term
`minority business' includes HUBZone small
business concerns (as defined in section 3(p)
of the Small Business Act (15 U.S.C. 632(p))).
``(vi) Minority individual.--The term
`minority individual' means an American Indian,
Alaskan Native, Black (not of Hispanic origin),
Hispanic (including persons of Mexican, Puerto
Rican, Cuban and Central or South American
origin), or Pacific Islander individual.
``(vii) State.--The term `State' has the
meaning given the term in section 9101 of the
Elementary and Secondary Education Act of 1965
(20 U.S.C. 7801).
``(viii) State educational agency.--The
term `State educational agency' has the meaning
given the term in section 9101 of the
Elementary and Secondary Education Act of 1965
(20 U.S.C. 7801).''.
SEC. 962. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Secretary of
Commerce to carry out section 5(c) of the Stevenson-Wydler Technology
Innovation Act of 1980--
(1) $250,000,000 for fiscal year 2008; and
(2) such sums as may be necessary for each of the fiscal
years 2009 through 2012.
TITLE X--PRIVATE STUDENT LOAN TRANSPARENCY AND IMPROVEMENT
SEC. 1001. SHORT TITLE.
This title may be cited as the ``Private Student Loan Transparency
and Improvement Act of 2008''.
SEC. 1002. DEFINITIONS.
As used in this title--
(1) the term ``Board'' means the Board of Governors of the
Federal Reserve System;
(2) the term ``covered educational institution''--
(A) means any educational institution that offers a
postsecondary educational degree, certificate, or
program of study (including any institution of higher
education); and
(B) includes an agent or employee of the
educational institution;
(3) the terms ``Federal banking agencies'' and
``appropriate Federal banking agency'' have the same meanings
as in section 3 of the Federal Deposit Insurance Act (12 U.S.C.
1813);
(4) the term ``institution of higher education'' has the
same meaning as in section 102 of the Higher Education Act of
1965 (20 U.S.C. 1002);
(5) the term ``postsecondary educational expenses'' means
any of the expenses that are included as part of the cost of
attendance of a student, as defined under section 472 of the
Higher Education Act of 1965 (20 U.S.C. 1087ll);
(6) the term ``private educational lender'' means any
creditor (as defined in section 103 of the Truth in Lending
Act) which solicits, makes, or extends private educational
loans; and
(7) the term ``private educational loan''--
(A) means a loan provided by a private educational
lender that--
(i) is not made, insured, or guaranteed
under title IV of the Higher Education Act of
1965 (20 U.S.C. 1070 et seq.); and
(ii) is issued by a private educational
lender expressly for postsecondary educational
expenses to a student, or the parent of the
student, regardless of whether the loan
involves enrollment certification by the
educational institution that the student
attends, or whether the loan is provided
through the educational institution that the
subject student attends or directly to the
borrower from the lender; and
(B) does not include an extension of credit under
an open end consumer credit plan, a reverse mortgage
transaction, a residential mortgage transaction (as
those terms are defined in section 103 of the Truth in
Lending Act), or any other loan that is secured by real
property or a dwelling.
SEC. 1003. REGULATIONS.
The Board shall issue final regulations to implement this title and
the amendments made by this title not later than 180 days after the
date of enactment of this title.
SEC. 1004. EFFECTIVE DATES.
This title and the amendments made by this title shall become
effective 180 days after the date on which regulations to carry out
this title and the amendments made by this title are issued in final
form.
Subtitle A--Preventing Unfair and Deceptive Private Educational Lending
Practices and Eliminating Conflicts of Interest
SEC. 1011. AMENDMENT TO THE TRUTH IN LENDING ACT.
(a) In General.--Chapter 2 of the Truth in Lending Act (15 U.S.C.
1631 et seq.) is amended by adding at the end the following new
section:
``Sec. 140. Preventing unfair and deceptive private educational lending
practices and eliminating conflicts of interest
``(a) Definitions.--For purposes of this section, the following
definitions shall apply:
``(1) Covered educational institution.--The term `covered
educational institution'--
``(A) means any educational institution that offers
a postsecondary educational degree, certificate, or
program of study (including any institution of higher
education); and
``(B) includes an agent or employee of the
educational institution.
``(2) Gift.--The term `gift'--
``(A) means any gratuity, favor, discount,
entertainment, hospitality, loan, or other item having
a monetary value of more than a de minimis amount,
including a gift of services, transportation, lodging,
or meals, whether provided in kind, by purchase of a
ticket, payment in advance, or reimbursement after the
expense has been incurred;
``(B) does not include--
``(i) standard material, activities, or
programs on issues related to a loan, default
aversion, default prevention, or financial
literacy, such as a brochure, a workshop, or
training;
``(ii) food, refreshments, training, or
informational material furnished to an employee
or agent of a covered educational institution,
as an integral part of a training session that
is designed to improve the service of the
private educational lender to the covered
educational institution, if such training
contributes to the professional development of
the employee or agent of the covered
educational institution;
``(iii) favorable terms, conditions, and
borrower benefits on an educational loan
provided to a student employed by the covered
educational institution if such terms,
conditions, or benefits are comparable to those
provided to all students of the institution;
``(iv) the provision of financial literacy
counseling or services to students or parents,
including counseling or services provided in
coordination with a covered educational
institution, to the extent that such counseling
or services--
``(I) are not undertaken to secure
applications for private educational
loans or to secure private educational
loan volume;
``(II) are not undertaken to secure
applications or loan volume for any
loan made, insured, or guaranteed under
part B of title IV of the Higher
Education Act of 1965; and
``(III) do not promote the products
or services of any private educational
lender;
``(v) philanthropic contributions to a
covered institution from a private educational
lender that are unrelated to educational loans,
to the extent that such contributions are
disclosed pursuant to paragraphs (1) and (2) of
section 153(a) of the Higher Education Act of
1965, if applicable; or
``(vi) State education grants,
scholarships, or financial aid funds
administered by or on behalf of a State; and
``(C) includes a gift to a family member of an
officer, employee, or agent of a covered institution,
or a gift to any other individual based on that
individual's relationship with the officer, employee,
or agent, if--
``(i) the gift is given with the knowledge
and acquiescence of the officer, employee, or
agent; and
``(ii) the officer, employee, or agent has
reason to believe the gift was given because of
the official position of the officer, employee,
or agent.
``(3) Institution of higher education.--the term
`institution of higher education' has the same meaning as in
section 102 of the Higher Education Act of 1965 (20 U.S.C.
1002).
``(4) Postsecondary educational expense.--The term
`postsecondary educational expenses' means any of the expenses
that are included as part of the cost of attendance of a
student, as defined under section 472 of the Higher Education
Act of 1965 (20 U.S.C. 1087ll).
``(5) Private educational lender.--The term `private
educational lender' means a creditor which solicits, makes, or
extends private educational loans.
``(6) Private educational loan.--The term `private
educational loan'--
``(A) means a loan provided by a private
educational lender that--
``(i) is not made, insured, or guaranteed
under title IV of the Higher Education Act of
1965 (20 U.S.C. 1070 et seq.); and
``(ii) is issued by a private educational
lender expressly for postsecondary educational
expenses to a student, or the parent of the
student, regardless of whether the loan
involves enrollment certification by the
educational institution that the student
attends, or whether the loan is provided
through the educational institution that the
subject student attends or directly to the
borrower from the lender; and
``(B) does not include an extension of credit under
an open end consumer credit plan, a reverse mortgage
transaction, a residential mortgage transaction (as
those terms are defined in section 103 of the Truth in
Lending Act), or any other loan that is secured by real
property or a dwelling.
``(7) Revenue sharing.--the term `revenue sharing' means an
arrangement between a covered educational institution and a
private educational lender under which--
``(A) a private educational lender provides or
issues private educational loans to students attending
the covered educational institution or to the parents
of such students;
``(B) the covered educational institution
recommends to students or others the private
educational lender or the private educational loans of
the private educational lender; and
``(C) the private educational lender pays a fee or
provides other material benefits, including profit or
revenue sharing, to the covered educational institution
or to the officers, employees, or agents of the covered
educational institution in connection with the private
educational loans provided to students attending the
covered educational institution or a borrower acting on
behalf of a student.
``(b) Prohibition on Certain Gifts and Arrangements.--A private
educational lender, including any officer or employee thereof, may not,
directly or indirectly--
``(1) offer or provide any gift to a covered educational
institution or a covered educational institution employee, nor
may such covered educational institution, officer, or employee
receive any such gift, in exchange for any advantage or
consideration provided to such private educational lender
related to its private educational loan activities; or
``(2) engage in revenue sharing with a covered educational
institution.
``(c) Prohibition on Co-Branding.--A private educational lender may
not use the name, emblem, mascot, or logo of the covered educational
institution, or other words, pictures, or symbols readily identified
with the covered educational institution, in the marketing of private
educational loans in any way that implies that the covered educational
institution endorses the private educational loans offered by the
lender.
``(d) Ban on Participation on Advisory Councils.--
``(1) In general.--An officer, employee, or agent who is
employed in the financial aid office of a covered institution,
or who otherwise has responsibilities with respect to private
educational loans, shall not serve on or otherwise participate
with advisory councils of private educational lenders or
affiliates of such lenders.
``(2) Rules of construction.--No provision of this
subsection shall be construed as--
``(A) prohibiting private educational lenders from
seeking advice from covered institutions or groups of
covered institutions (including through telephonic or
electronic means, or a meeting) in order to improve
products and services for borrowers, to the extent that
no gifts or compensation (including for transportation,
lodging, or related expenses) are provided by private
educational lenders in connection with seeking this
advice from such institutions; or
``(B) prohibiting an employee, officer, or agent of
a covered institution from serving on the board of
directors of a private educational lender, if required
by State law.
``(e) Prohibition on Prepayment or Repayment Fees or Penalty.--It
shall be unlawful for any private educational lender to impose a fee or
penalty on a borrower, directly or indirectly, for early repayment or
prepayment, of any private educational loan.''.
(b) Clerical Amendment.--The table of sections for chapter 2 of the
Truth in Lending Act is amended by inserting after the item relating to
section 139 the following new item:
``140. Preventing unfair and deceptive private educational lending
practices and eliminating conflicts of
interest.''.
SEC. 1012. CIVIL LIABILITY.
Section 130 of the Truth in Lending Act (15 U.S.C. 1640) is
amended--
(1) in subsection (a)--
(A) in paragraph (3), by inserting ``or section
128(e)(8)'' after ``section 125''; and
(B) in the fourth sentence of the undesignated
matter at the end--
(i) by striking ``125 or'' and inserting
``125,''; and
(ii) by inserting ``128(e)(8), or'' after
``125,''; and
(2) in subsection (e), by inserting before the first
period, the following: ``or, in the case of a violation
involving a private educational loan, 1 year from the date on
which the first regular payment of principal is due under the
loan''.
Subtitle B--Improved Disclosures for Private Educational Loans
SEC. 1021. PRIVATE EDUCATIONAL LOAN DISCLOSURES AND LIMITATIONS.
Section 128 of the Truth in Lending Act (15 U.S.C. 1638) is amended
by adding at the end the following new subsection:
``(e) Terms and Disclosure With Respect to Private Educational
Loans.--
``(1) Disclosures required in private educational loan
applications and solicitations.--In any application for a
private educational loan, or a solicitation for a private
educational loan without requiring an application, the creditor
shall disclose to the borrower, clearly and conspicuously--
``(A) the potential range of rates of interest
applicable to the private educational loan;
``(B) whether the rate of interest applicable to
the private educational loan is fixed or variable;
``(C) limitations on interest rate adjustments,
both in terms of frequency and amount, or the lack
thereof;
``(D) requirements for a co-borrower, including any
changes in the applicable interest rates without a co-
borrower;
``(E) potential finance charges, late fees,
penalties, and adjustments to principal, based on
defaults or late payments of the borrower;
``(F) fees or range of fees applicable to the
private educational loan;
``(G) the term of the private educational loan;
``(H) whether interest will accrue while the
student to whom the private educational loan relates is
enrolled at an institution of higher education;
``(I) payment deferral options, including whether
the deferment would apply to interest or principal, or
both;
``(J) general eligibility criteria for the private
educational loan;
``(K) an example of the total cost of the private
educational loan over the life of the loan--
``(i) which shall be calculated using the
principal amount and the maximum rate of
interest actually offered by the creditor; and
``(ii) calculated both with and without
capitalization of interest, if that is an
option for postponing interest payments;
``(L) a statement that an institution of higher
education may have school-specific educational loan
benefits and terms not detailed on the disclosure form;
``(M) that the borrower may qualify for Federal
financial assistance through a program under title IV
of the Higher Education Act of 1965, in lieu of, or in
addition to, a loan from a non-Federal source;
``(N) the interest rates available with respect to
such Federal financial assistance through a program
under title IV of the Higher Education Act of 1965;
``(O) that the consumer may obtain additional
information concerning such Federal financial
assistance from their institution of higher education
or at the website of the Department of Education;
``(P) that, as provided in paragraph (6)--
``(i) the borrower shall have up to 30
calendar days following the date on which the
application for the private educational loan is
approved and the borrower receives the
disclosure documents required under this
subsection for the loan to accept the terms of
the private educational loan and consummate the
transaction; and
``(ii) except for changes based on
adjustments to the index used for a loan, the
rates and terms of the loan may not be changed
by the creditor during that 30-day period; and
``(Q) such other information as the Board shall
prescribe, by rule, as necessary or appropriate for
consumers to make informed borrowing decisions.
``(2) Written acknowledgment of receipt.--In each case in
which a disclosure is provided pursuant to paragraph (1) and an
application initiated, a creditor shall obtain a written
acknowledgment from the consumer that the consumer has read and
understood the disclosure. The form of such written
acknowledgment shall be subject to the regulations of the
Board.
``(3) Disclosures at the time of private educational loan
approval.--Subject to the rules of the Board, contemporaneously
with the approval of a private educational loan application,
and before the loan transaction is consummated, the creditor
shall disclose to the borrower, clearly and conspicuously--
``(A) the applicable rate of interest in effect on
the date of approval;
``(B) whether the rate of interest applicable to
the private educational loan is fixed or variable;
``(C) limitations on interest rate adjustments,
both in terms of frequency and amount, or the lack
thereof;
``(D) the initial approved principal amount;
``(E) applicable finance charges, late fees,
penalties, and adjustments to principal, based upon
borrower defaults or late payments;
``(F) the maximum term under the private
educational loan program;
``(G) an estimate of the total amount for
repayment, at both the interest rate in effect on the
date of approval and at the maximum possible rate of
interest actually offered by the creditor, to the
extent that such maximum rate may be determined, or if
not, a good faith estimate thereof;
``(H) any principal and interest payments required
while the student to whom the private educational loan
relates is enrolled at an institution of higher
education and interest which will accrue during such
enrollment;
``(I) payment deferral options, including whether
the deferment would apply to interest or principal, or
both;
``(J) whether monthly payments are graduated;
``(K) that, as provided in paragraph (7)--
``(i) the borrower shall have up to 30
calendar days following the date on which the
application for the private educational loan is
approved and the borrower receives the
disclosure documents required under this
subsection for the loan to accept the terms of
the private educational loan and consummate the
transaction; and
``(ii) except for changes based on
adjustments to the index used for a loan, the
rates and terms of the loan may not be changed
by the creditor during that 30-day period;
``(L) that the borrower may qualify for Federal
financial assistance through a program under title IV
of the Higher Education Act of 1965, in lieu of, or in
addition to, a loan from a non-Federal source;
``(M) the interest rates available with respect to
such Federal financial assistance through a program
under title IV of the Higher Education Act of 1965;
``(N) the maximum monthly payment, calculated using
the maximum rate of interest actually offered by the
creditor, to the extent that such maximum rate may be
determined, or if not, a good faith estimate thereof;
and
``(O) such other information as the Board shall
prescribe, by rule, as necessary or appropriate for
consumers to make informed borrowing decisions.
``(4) Institutional certification required.--Before a
creditor may issue any funds with respect to an extension of
credit described in paragraph (1), the creditor shall obtain
from the relevant institution of higher education such
institution's certification of--
``(A) the enrollment status of the borrower;
``(B) the borrower's cost of attendance at the
institution as determined by the institution under part
F of title IV of the Higher Education Act of 1965; and
``(C) the difference between the borrower's cost of
attendance and the borrower's estimated financial
assistance received under title IV of the Higher
Education Act of 1965 and other assistance known to the
institution.
``(5) Disclosures at the time of private educational loan
consummation.--Subject to the regulations prescribed by the
Board, contemporaneously with the consummation of a private
educational loan, the creditor shall make each of the
disclosures described in subparagraphs (A) through (J) and (L)
through (O) of paragraph (3) to the borrower.
``(6) Format of disclosures.--Disclosures required under
paragraphs (1), (3), and (5) shall appear in a clearly legible,
uniform format, subject to section 122(c).
``(7) Effective period of approved rate of interest and
loan terms.--
``(A) In general.--With respect to a private
educational loan, the borrower shall have the right to
accept the terms of the loan and consummate the
transaction at any time within 30 calendar days
following the date on which the application for the
private educational loan is approved and the borrower
receives the disclosure documents required under this
subsection for the loan, and the rates and terms of the
loan may not be changed by the creditor during that
period, subject to the rules of the Board.
``(B) Prohibition on changes.--Except for changes
based on adjustments to the index used for a loan, the
rates and terms of the loan may not be changed by the
creditor prior to the earlier of--
``(i) the date of acceptance of the terms
of the loan and consummation of the transaction
by the borrower, as described in subparagraph
(A); or
``(ii) the expiration of the 30-day period
referred to in subparagraph (A).
``(C) Prohibition on disbursement.--No funds may be
disbursed with respect to a private educational loan
until acceptance of the loan by the borrower under
subparagraph (A) and the expiration of the 3-day period
under paragraph (7).
``(8) Right to cancel.--With respect to a private
educational loan, the borrower may cancel the loan, without
penalty to the borrower, at any time within 3 business days of
the date on which the loan is consummated, subject to the rules
of the Board. No funds may be transferred to the borrower
during that 3-day period.
``(9) Provision of information.--On or before the date a
creditor issues any funds with respect to an extension of
credit described in paragraph (1), the creditor shall notify
the relevant institution of higher education, in writing, of
the amount of the extension of credit and the student on whose
behalf credit is extended. The form of such written
notification shall be subject to the regulations of the Board.
``(10) Definitions.--For purposes of this subsection, the
following definitions shall apply:
``(A) Institution of higher education.--The term
`institution of higher education' has the same meaning
as in section 102 of the Higher Education Act of 1965
(20 U.S.C. 1002).
``(B) Private educational lender.--The term
`private educational lender' means any creditor engaged
in the business of soliciting, making, or extending
private educational loans.
``(C) Private educational loan.--The term `private
educational loan'--
``(i) means a loan provided by a private
educational lender that--
``(I) is not made, insured, or
guaranteed under title IV of the Higher
Education Act of 1965 (20 U.S.C. 1070
et seq.); and
``(II) is issued by a private
educational lender expressly for
postsecondary educational expenses to a
student, or the parent of the student,
regardless of whether the loan involves
enrollment certification by the
educational institution that the
student attends, or whether the loan is
provided through the educational
institution that the subject student
attends or directly to the borrower
from the lender; and
``(ii) does not include an extension of
credit under an open end consumer credit plan,
a reverse mortgage transaction, a residential
mortgage transaction (as those terms are
defined in section 103 this Act), or any other
loan that is secured by real property or a
dwelling.''.
SEC. 1022. APPLICATION OF TRUTH IN LENDING ACT TO ALL PRIVATE
EDUCATIONAL LOANS.
Section 104(3) of the Truth in Lending Act (15 U.S.C. 1603(3)) is
amended by inserting ``and other than private educational loans (as
that term is defined in section 140(a))'' after ``consumer''.
Subtitle C--Financial Literacy
SEC. 1031. COORDINATED EDUCATION EFFORTS.
(a) In General.--The Secretary of the Treasury (in this section
referred to as the ``Secretary''), in coordination with the Secretary
of Education, the Secretary of Agriculture (with respect to land grant
covered educational institutions), and any other appropriate agency
that is a member of the Financial Literacy and Education Commission
established under the Financial Literacy and Education Improvement Act
(20 U.S.C. 9701 et seq.), shall seek to enhance financial literacy
among students at institutions of higher education through--
(1) the development of initiatives, programs, and curricula
that improve student awareness of the short- and long-term
costs associated with educational loans and other debt assumed
while in college, their repayment obligations, and their rights
as borrowers; and
(2) assisting such students in navigating the financial aid
process.
(b) Duties.--For purposes of this section, the Secretary, working
in conjunction with the Secretary of Education, the Secretary of
Agriculture, and the Financial Literacy and Education Commission,
shall--
(1) identify programs that promote or enhance financial
literacy for college students, with specific emphasis on
programs that impart the knowledge and ability for students to
best navigate the financial aid process, including those that
involve partnerships between nonprofit organizations, colleges
and universities, State and local governments, and student
organizations;
(2) evaluate the effectiveness of such programs in terms of
measured results, including positive behavioral change among
college students;
(3) promote the programs identified as being the most
effective; and
(4) encourage institutions of higher education to implement
financial education programs for their students, including
those that have the highest evaluations.
(c) Report.--
(1) In general.--Not later than 2 years after the date of
enactment of this title, the Financial Literacy and Education
Commission shall submit a report to Congress on the state of
financial education among students at institutions of higher
education.
(2) Content.--The report required by this subsection shall
include a description of progress made in enhancing financial
education with respect to student understanding of financial
aid, including the programs and evaluations required by this
section.
(3) Appearance before congress.--The Secretary shall, upon
request, provide testimony before the Committee on Banking,
Housing, and Urban Affairs of the Senate concerning the report
required by this subsection.
Subtitle D--Study and Report on Nonindividual Information
SEC. 1041. STUDY AND REPORT ON NONINDIVIDUAL INFORMATION.
(a) Study.--The Comptroller General of the United States (in this
section referred to as the ``Comptroller'') conduct a study--
(1) on the impact on and benefits to borrowers of the
inclusion of nonindividual factors, including cohort default
rate, accreditation, and graduation rate at institutions of
higher education, used in the underwriting criteria to
determine the pricing of private educational loans;
(2) to examine whether and to what extent the inclusion of
such nonindividual factors--
(A) increases access to private educational loans
for borrowers who lack credit history or results in
less favorable rates for such borrowers; and
(B) impacts the types of private educational loan
products and rates available at certain institutions of
higher education, including a comparison of such
impact--
(i) on private and public institutions; and
(ii) on historically Black colleges and
universities (defined for purposes of this
section as a ``part B institution'', within the
meaning of section 322 of the Higher Education
Act of 1965 (20 U.S.C. 1061)) and other
colleges and universities; and
(3) to assess the extent to which the use of such
nonindividual factors in underwriting may have a disparate
impact on the pricing of private educational loans, based on
gender, race, income level, and institution of higher
education.
(b) Report.--Not later than 1 year after the date of enactment of
this title, the Comptroller shall submit a report to Congress on the
results of the study required by this section.
Subtitle E--Incentives For Low-Cost Educational Loans
SEC. 1051. CRA CREDIT FOR LOW-COST EDUCATIONAL LOANS.
Section 804 of the Community Reinvestment Act of 1977 (12 U.S.C.
2903) is amended by adding at the end the following new subsection:
``(d) Low-Cost Educational Loans.--In assessing and taking into
account, under subsection (a), the record of a financial institution,
the appropriate Federal financial supervisory agency shall consider, as
a factor, low-cost educational loans provided by the financial
institution to low-income borrowers.''.
Passed the House of Representatives February 7, 2008.
Attest:
LORRAINE C. MILLER,
Clerk.