[House Report 111-256]
[From the U.S. Government Publishing Office]


111th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                    111-256

======================================================================



 
PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 3221) TO AMEND THE HIGHER 
             EDUCATION ACT OF 1965, AND FOR OTHER PURPOSES

                                _______
                                

 September 15, 2009.--Referred to the House Calendar and ordered to be 
                                printed

                                _______
                                

                Mr. Polis, from the Committee on Rules,
                        submitted the following

                              R E P O R T

                       [To accompany H. Res. 746]

    The Committee on Rules, having had under consideration 
House Resolution 746, by a nonrecord vote, report the same to 
the House with the recommendation that the resolution be 
adopted.

                SUMMARY OF PROVISIONS OF THE RESOLUTION

    The resolution provides for consideration of H.R. 3221, the 
Student Aid and Fiscal Responsibility Act of 2009, under a 
structured rule. The resolution provides one hour of general 
debate equally divided and controlled by the chair and ranking 
minority member of the Committee on Education and Labor. The 
resolution waives all points of order against consideration of 
the bill except clauses 9 and 10 of rule XXI. The resolution 
provides that the amendment in the nature of a substitute 
recommended by the Committee on Education and Labor now printed 
in the bill shall be considered as an original bill for the 
purpose of amendment and shall be considered as read. The 
resolution waives all points of order against the amendment in 
the nature of a substitute except for clause 10 of rule XXI. 
This waiver does not affect the point of order available under 
clause 9 of rule XXI (regarding earmark disclosure).
    The resolution makes in order only those amendments printed 
in this report. The amendments made in order may be offered 
only in the order printed in this report, may be offered only 
by a Member designated in this report, shall be considered as 
read, shall be debatable for the time specified in this report 
equally divided and controlled by the proponent and an 
opponent, shall not be subject to amendment, and shall not be 
subject to a demand for a division of the question in the House 
or in the Committee of the Whole. All points of order against 
the amendments except for clauses 9 and 10 of rule XXI are 
waived. The resolution provides one motion to recommit with or 
without instructions. The resolution provides that the Chair 
may entertain a motion that the Committee rise only if offered 
by the chair of the Committee on Education and Labor or his 
designee and that the Chair may not entertain a motion to 
strike out the enacting words of the bill (as described in 
clause 9 of rule XVIII).

                         EXPLANATION OF WAIVERS

    The waiver of all points of order against consideration of 
the bill (except for clauses 9 and 10 of rule XXI), includes a 
waiver of clause 3(b) of rule XIII regarding the inclusion of 
record votes in a committee report. The waiver of all points of 
order against the amendment in the nature of a substitute 
(except clause 10 of rule XXI), includes a waiver of clause 4 
of rule XXI prohibiting appropriations in legislative bills.

                            COMMITTEE VOTES

    The results of each record vote on an amendment or motion 
to report, together with the names of those voting for and 
against, are printed below:

Rules Committee record vote No. 246

    Date: September 15, 2009.
    Measure: H.R. 3221.
    Motion by: Mr. Dreier.
    Summary of motion: To grant an open rule.
    Results: Defeated 4-7.
    Vote by Members: McGovern--Nay; Matsui--Nay; Cardoza--Nay; 
Arcuri--Nay; Pingree--Nay; Polis--Nay; Dreier--Yea; Diaz-
Balart--Yea; Sessions--Yea; Foxx--Yea; Slaughter--Nay.

Rules Committee record vote No. 247

    Date: September 15, 2009.
    Measure: H.R. 3221.
    Motion by: Mr. Dreier.
    Summary of motion: To make in order and provide appropriate 
waivers for an amendment by Rep. Hoekstra (MI), and Rep. Burton 
(IN), #27, which would strike the elimination of the Federal 
Family Education Loan (FFEL) program.
    Results: Defeated 4-7.
    Vote by Members: McGovern--Nay; Matsui--Nay; Cardoza--Nay; 
Arcuri--Nay; Pingree--Nay; Polis--Nay; Dreier--Yea; Diaz-
Balart--Yea; Sessions--Yea; Foxx--Yea; Slaughter--Nay.

Rules Committee record vote No. 248

    Date: September 15, 2009.
    Measure: H.R. 3221.
    Motion by: Mr. Diaz-Balart.
    Summary of motion: To make in order and provide appropriate 
waivers for an amendment by Rep. Price, Tom (GA), Castle (DE), 
#2, which would provide that the Act would fail to take effect 
if the Secretary of Education, in consultation with the 
Secretaries of Labor and the Treasury, determines that the 
provisions of Sec. 201 (ending the FFEL program) will result in 
more than 5,000 job losses.
    Results: Defeated 4-7.
    Vote by Members: McGovern--Nay; Matsui--Nay; Cardoza--Nay; 
Arcuri--Nay; Pingree--Nay; Polis--Nay; Dreier--Yea; Diaz-
Balart--Yea; Sessions--Yea; Foxx--Yea; Slaughter--Nay.

Rules Committee record vote No. 249

    Date: September 15, 2009.
    Measure: H.R. 3221.
    Motion by: Mr. Sessions.
    Summary of Motion: To make in order and provide appropriate 
waivers for an amendment by Rep. Carter (TX), #3, which would 
prohibit the Secretary from implementing a full scale Direct 
Loan program until 80% of schools enter the Direct Loan program 
voluntarily.
    Results: Defeated 4-7.
    Vote by Members: McGovern--Nay; Matsui--Nay; Cardoza--Nay; 
Arcuri--Nay; Pingree--Nay; Polis--Nay; Dreier--Yea; Diaz-
Balart--Yea; Sessions--Yea; Foxx--Yea; Slaughter--Nay.

Rules Committee record vote No. 250

    Date: September 15, 2009.
    Measure: H.R. 322.
    Motion by: Mr. Sessions.
    Summary of motion: To make in order and provide appropriate 
waivers for an amendment by Rep. Ryan, Paul (WI), #20, which 
would add a Sense of Congress recommending that the Federal 
Credit Reform Act of 1990 be updated to require the 
Congressional Budget Office (CBO) and the Office of Management 
and Budget (OMB) to adjust for market risk when estimating the 
budgetary effects of changes to Federal student loan programs.
    Results: Defeated 4-8.
    Vote by Members: McGovern--Nay; Hastings--Nay; Matsui--Nay; 
Cardoza--Nay; Arcuri--Nay; Pingree--Nay; Polis--Nay; Dreier--
Yea; Diaz-Balart--Yea; Sessions--Yea; Foxx--Yea; Slaughter--
Nay.

               SUMMARY OF AMENDMENTS TO BE MADE IN ORDER

    (Summaries derived from information provided by sponsors.)
    1. Miller, George (CA): The Manager's amendment
           makes several clarifications to the 
        authority of the Secretary with respect to the College 
        Access Challenge Grants, State Innovation an Completion 
        Grants, and Innovation in College Access and 
        Competition National Activities Grants;
           ensures that services for veterans under the 
        bill and current law are properly coordinated;
           establishes a program to provide financial 
        assistance to dependent children of a public safety 
        officer (e.g., firefighters, paramedics, other first 
        responders) who died in the line of duty on the same 
        terms as children of military servicemembers who are 
        killed in the line of duty under current law;
           authorizes a program to promote and support 
        teacher excellence;
           makes several clarifications to the loan 
        servicing process;
           makes clarifications to the grants for 
        modernization, renovation, or repair of public school 
        facilities
           replaces a priority provision about state 
        spending with a requirement that the Secretary consider 
        the State's recent financial commitment to early 
        learning when evaluating Quality Pathway grant 
        renewals;
           clarifies the Secretary's authority to award 
        American Graduation Initiative grants to community 
        colleges;
           specifies that Tribal Colleges and 
        Universities are eligible to receive American 
        Graduation Initiation grants;
           requires the Secretary of Education to 
        provide technical assistance to institutions of higher 
        education in operating the Direct Loan program, 
        including assisting institutions with the transition 
        into the program;
           includes library services and information 
        literacy activities as part of the enumerated uses of 
        funds under the list of student support services and 
        workforce programs;
           adds a requirement in the state application 
        of how programs will improve early learning services to 
        better meet the needs of children who have experienced 
        abused or neglect, or have been exposed to violence or 
        toxic stress, homelessness, parental substance abuse or 
        mental illness, or early behavioral and peer 
        relationship problems; and
           clarifies that both part-time and full-time 
        students are eligible to benefit from the Year-Round 
        Pell Grant program. (20 minutes)
    2. Hoekstra (MI): The amendment would strike Title III of 
the bill, which authorizes $6.6 billion in new mandatory 
spending to create three Federal school construction programs 
for elementary and secondary public schools and institutions of 
higher education, and apply the savings to reduce the Federal 
deficit. (10 minutes)
    3. Cardoza (CA): The amendment would direct the Secretary 
of Education to prioritize community colleges located in areas 
with high unemployment rates when awarding grants for community 
college reform. (10 minutes)
    4. McMorris Rodgers (WA): Would limit the ability of 
certain schools that received funding under the economic 
stimulus package for school construction from receiving 
additional money through the new Federal school construction 
program authorized under this bill. (10 minutes)
    5. Pingree (ME): Would add to the list of reserved funds 
for distressed areas and areas affected by natural disaster 
direction for the Secretary to reserve funds for local 
educational agencies that serve a geographic area that contains 
a military installation selected for base closure. (10 minutes)
    6. Pingree (ME), Ross (AR): Would remove the prohibition of 
funding to community colleges who received funds for 
construction, modernization, renovation, and repair under the 
American Recovery and Reinvestment Act of 2009, or under the 
higher education act of 1965. (10 minutes)
    7. Foxx (NC): The amendment would strike entire American 
Graduation Initiative (but maintain the privacy provisions that 
apply to the whole Act) and put the savings toward deficit 
reduction. These privacy provisions ensure that student 
information is protected from individuals not authorized to 
view it and that students cannot be identified by any unique 
identifier. (10 minutes)
    8. Reyes (TX): The amendment would encourage community 
colleges to use grant money to increase the provision of 
training for members of the National Guard and Reserves, and 
men and women returning from active duty. (10 minutes)
    9. Etheridge (NC), Welch (VT), Price, David (NC), Pomeroy 
(ND), Lewis, John (GA), Scott, David (GA), Pingree (ME), Tonko 
(NY), Matsui (CA): The amendment would clarify that borrower 
services, including delinquency prevention, default aversion, 
and loan counseling, are allowed uses of grant funds. The 
amendment also explicitly authorizes the Department of 
Education to contract directly with guaranty agencies for 
funded services. (10 minutes)
    10. Driehaus (OH): The amendment would require that states 
receiving State Innovation Completion Grants have plans to 
increase postsecondary enrollment and completion among 
dislocated workers. (10 minutes)
    11. Cuellar (TX): The amendment would require the Secretary 
of Education to conduct outreach activities to educate students 
and their families about the transition to Federal Direct 
Lending. (10 minutes)
    12. Murphy, Christopher (CT): The amendment would clarify 
that states may use funds awarded as Quality Pathways Grants 
under Section 403(a) of Title IV of H.R. 3221 to establish or 
support partnerships with institutions of higher education that 
support effective education and training for early learning 
providers. (10 minutes)
    13. Childers (MS): The amendment would require the campus 
Veterans Resource Officer to act as a link between student 
veterans and mental health care providers at the Department of 
Veterans Affairs, in order to help improve college completion 
rates for veterans. (10 minutes)
    14. Adler (NJ): The amendment would give priority for State 
Innovation Completion grants to entities that promote 
activities to increase degree or certificate completion for 
students who are veterans. (10 minutes)
    15. Himes (CT), McCarthy, Carolyn (NY), Schwartz (PA): 
Would make five minor language adjustments to strengthen the 
financial literacy provisions of the State Innovation 
Completion Grants, Innovation in College Access and Completion 
National Activities, and contracting requirements related to 
private student loan servicers. (10 minutes)
    16. Kilroy (OH): Would give priority to ``dislocated 
workers'' for community college and state grants. (10 minutes)
    17. Minnick (ID): The amendment would allow servicemen and 
women to tranfer academic credits earned while serving in the 
Armed Forces between institutions of higher education. (10 
minutes)
    18. Perriello (VA): The amendment would require states to 
evaluate and report disparities by geographic area (rural and 
urban) of available high-quality early learning programs for 
low-income children, and steps the state will take to address 
the disparity. (10 minutes)
    19. Schauer (MI): The amendment would give priority in 
awarding Federal grants to schools, states, and non-profits to 
encourage dislocated workers to complete their degrees. (10 
minutes)
    20. Teague (NM): Would add veterans to the list of priority 
grantees in Title V. Also, would add to the allowable uses of 
funds programs that prepare students to enter careers in the 
Veterans Administration, and occupations in energy-related 
fields. (10 minutes)
    21. Teague (NM): The amendment clarifies that all savings 
in the bill not otherwise allocated go towards deficit 
reduction. (10 minutes)
    22. Souder (IN): The amendment would strike section 123(d), 
``Suspension of eligibility for drug-related offenses,'' 
reinstating current law. (10 minutes)
    23. Flake, Jeff (AZ): The amendment would prohibit funds 
appropriated under the bill to be used for Congressional 
earmarks as defined by clause 9(d) of rule XXI of the Rules of 
the House of Representatives. (10 minutes)
    24. Kline, John (MN), Guthrie (KY): Amendment in the nature 
of a substitute would extend the ECASLA programs through 2014 
and create a commission to develop a new private sector model 
for student lending. (20 minutes)

                 TEXT OF AMENDMENTS TO BE MADE IN ORDER

   1. An Amendment To Be Offered By Representative George Miller of 
         California, or His Designee, Debatable for 20 Minutes

  Page 11, after line 21, insert the following new subsection 
(and redesignate the succeeding subsection accordingly):

  (b) Multiple Pell Grant Awards.--Section 401(b)(5) (20 U.S.C. 
1070a(b)(5)) is amended--
          (1) in subparagraph (A)--
                  (A) by inserting ``who is making satisfactory 
                academic progress according to the 
                institution's standards'' after ``award a 
                student''; and
                  (B) by striking ``to permit such student to 
                accelerate the student's progress toward a 
                degree or certificate'' and inserting ``to 
                permit such student to accelerate the student's 
                graduation date, whether making full- or part-
                time progress toward a degree or 
                certificate,''; and
          (2) by adding at the end the following new 
        subparagraph:
          ``(C) A student may not receive a combination of 
        first and second scheduled award funds under this 
        paragraph that exceeds the amount the student would 
        otherwise be eligible to receive for the payment 
        period.''.

  Page 11, line 22, redesignate subsection (b) as subsection 
(c).

  Page 13, line 10, redesignate subsection (c) as subsection 
(d).

  Page 13, line 11, strike ``(a) and (b)'' and insert ``(a) and 
(c)''.

  Page 12, line 17, strike ``483(e)(3)(ii)'' and insert 
``483(e)(3)(A)(ii)''.

  Page 15, line 8, strike the quotation marks and the second 
period.

  Page 15, after line 8, insert the following:

          ``(3) Expiration of authority.--The authority to 
        award grants under this part shall expire at the end of 
        fiscal year 2014.''.

  Page 19, line 6, strike ``two-year and four-year'' and insert 
``public two-year and public four-year''.

  Page 19, line 10, insert ``in consultation with faculty from 
participating institutions'' after ``institutions''.

  Page 21, line 4, strike ``polices'' and insert ``practices''.

  Page 21, lines 7 through 9, strike ``for all categories'' and 
all that follows through ``in the State''.

  Page 21, line 13, insert ``and'' after the semicolon.

  Page 21, beginning on line 14, strike clause (iv).

  Page 21, line 20, strike ``(v)'' and insert ``(iv)''.

  Page 23, beginning on line 5, strike paragraph (3) and insert 
the following:

          ``(3) Subgrants to nonprofit organizations.--
                  ``(A) In general.--A State receiving a 
                payment under this section may elect to make a 
                subgrant to one or more nonprofit organizations 
                in the State, or a partnership of such 
                organizations, to carry out activities and 
                services described in subsection (d)(1), if the 
                nonprofit organization or partnership--
                          ``(i) was in existence on the day 
                        before the date of the enactment of the 
                        Student Aid and Fiscal Responsibility 
                        Act of 2009; and
                          ``(ii) as of such day, was 
                        participating in activities and 
                        services related to promoting 
                        persistence in, and completion of, 
                        postsecondary education, such as the 
                        activities and services described in 
                        subsection (d)(1).
                  ``(B) Nonprofit organizations.--For the 
                purposes of this section, nonprofit 
                organizations in a State include--
                          ``(i) agencies with agreements with 
                        the Secretary under subsections (b) and 
                        (c) of section 428 on the date of the 
                        enactment of the Student Aid and Fiscal 
                        Responsibility Act of 2009;
                          ``(ii) nonprofit subsidiaries of 
                        agencies described in clause (i), if 
                        such subsidiaries were established, 
                        pursuant to the law of such State, on 
                        or before January 1, 1998; and
                          ``(iii) eligible not-for-profit 
                        servicers, as defined in section 
                        456(d), with an agreement with the 
                        Secretary under subsection (a)(3) of 
                        section 456, except that such a 
                        servicer shall only be eligible for a 
                        subgrant from the State for which the 
                        servicer is receiving an allocation 
                        under such agreement.

  Page 24, after line 9, insert the following:

                  ``(C) A nonprofit subsidiary of agencies 
                described in subparagraph (B), if such 
                subsidiary was established, pursuant to the law 
                of such State, on or before January 1, 1998.

  Page 25, line 3, strike ``and''.

  Page 25, after line 5, insert the following:

                          ``(vi) assisting institutions of 
                        higher education institute programs of 
                        persistence focused on students at risk 
                        of not completing; and

  Page 25, line 5, before the semicolon insert ``, in 
accordance with such section''.

  Page 27, beginning on line 1, strike ``, at the appropriate 
stage of development of the partnership''.

  Page 27, line 8, strike ``central labor coalitions'' and 
insert ``trade unions or consortia of trade unions''.

  Page 28, beginning on line 17, strike paragraph (3) and 
insert the following:

          ``(3) nonprofit organizations with demonstrated 
        experience in the support, improvement, or operation of 
        programs to increase postsecondary completion, 
        including--
                  ``(A) agencies with agreements with the 
                Secretary under subsections (b) and (c) of 
                section 428 on the date of the enactment of the 
                Student Aid and Fiscal Responsibility Act of 
                2009;
                  ``(B) nonprofit subsidiaries of agencies 
                described in subparagraph (A), if such 
                subsidiaries were established, pursuant to 
                State law, on or before January 1, 1998; and
                  ``(C) eligible not-for-profit servicers, as 
                defined in section 456(d), with an agreement 
                with the Secretary under subsection (a)(3) of 
                section 456, except that such a servicer shall 
                only be eligible for a subgrant from the State 
                for which the servicer is receiving an 
                allocation under such agreement;

  Page 33, beginning on line 14, strike section 785 and insert 
the following:

``SEC. 785. PARTICIPATION OF PRIVATE, NONPROFIT INSTITUTIONS OF HIGHER 
                    EDUCATION.

  ``(a) Voluntary Participation.--A private, nonprofit 
institution of higher education may voluntarily elect to 
participate in a State's efforts under this part to increase 
postsecondary enrollment, persistence, and completion. A 
State--
          ``(1) shall not require any private, nonprofit 
        institution to participate in such efforts; and
          ``(2) may require such an institution that 
        voluntarily elects to participate in such efforts to 
        provide appropriate information to allow the State to 
        assess the institution's progress towards the goals 
        described in subclauses (I) and (II) of section 
        782(c)(2)(A)(i).
  ``(b) Rule of Construction.--Nothing in this part, including 
voluntary participation described in subsection (a), shall be 
construed to--
          ``(1) authorize the Secretary, a State, or an officer 
        or employee of the Department or of a State to exercise 
        any direction, supervision, or control other than that 
        is currently granted over a private, nonprofit 
        institution of higher education, including control over 
        curriculum, program of instruction, administration, 
        governance, personnel, articulation, the awarding of 
        credit, graduation or degree requirements, or 
        admissions;
          ``(2) authorize the Secretary, a State, or an officer 
        or employee of the Department or of a State to require 
        a private, nonprofit institution of higher education to 
        participate in a longitudinal data system; or
          ``(3) limit the application of the General Education 
        Provisions Act.
  ``(c) Enforcement.--If any State fails or refuses to comply 
with any provision of this section, the State shall no longer 
be eligible for assistance under this part.''.

  Page 36, line 21, strike ``2019.'' and insert ``2019. The 
authority to award grants under this section shall expire at 
the end of fiscal year 2019.''.

  Page 38, line 4, insert a period after ``318(e)''.

  Page 38, line 25, insert a period after ``such section''.

  Page 39, line 8, after the period insert ``The authority to 
award grants under part N of title VIII of such Act shall 
expire at the end of fiscal year 2010.''.

  Page 40, beginning on line 13, strike ``awarded to the 
student under'' and insert ``first disbursed to the student 
before July 1, 2010, under''.

  Page 41, line 3, strike ``awarded'' and insert ``disbursed''.

  Page 41, strike lines 4 through 9 and insert ``student under 
part D (including a Federal Direct PLUS loan disbursed to a 
parent on behalf of the student), or first disbursed to the 
student under part E before July 1, 2010, for such payment 
period or period of enrollment; minus''.

  Page 43, line 16, strike ``when such student returns from 
such service'' and insert ``upon termination of the deployment 
of such student for such service''.

  Page 43, beginning on line 17, amend section 106 to read as 
follows:

SEC. 106. VETERANS RESOURCE OFFICER GRANTS.

  Section 873 (20 U.S.C. 1161t) is amended--
          (1) by amending the header to read as follows: 
        ``MODEL PROGRAMS FOR CENTERS OF EXCELLENCE FOR VETERAN 
        STUDENT SUCCESS; VETERANS RESOURCE OOFICERS'';
          (2) in subsection (a), by inserting ``, or the hiring 
        of Veterans Resource Officers,'' after ``model 
        programs'';
          (3) by amending subsection (b) to read as follows:
  ``(b) Grant Authorized.--
          ``(1) In general.--Subject to the availability of 
        appropriations under subsection (f), the Secretary 
        shall award grants to institutions of higher education 
        to--
                  ``(A) develop model programs to support 
                veteran student success in postsecondary 
                education; or
                  ``(B) hire a Veterans Resource Officer to 
                increase the college completion rates for 
                veteran students enrolled at such institutions 
                of higher education.
          ``(2) Grant period.--A grant awarded under this 
        section shall be awarded for a period of 3 years.''; 
        and
          (4) in subsection (c)--
                  (A) in paragraph (1)--
                          (i) by amending the header to read as 
                        follows: ``Model program required 
                        activities''; and
                          (ii) in the matter preceding 
                        subparagraph (A), by striking ``under 
                        this section'' and inserting ``for the 
                        purpose described in subsection 
                        (b)(1)(A)'';
                  (B) by redesignating paragraph (2) as 
                paragraph (3); and
                  (C) by inserting after paragraph (1) the 
                following:
          ``(2) Veterans resource officer required 
        activities.--An institution of higher education 
        receiving a grant for the purpose described in 
        subsection (b)(1)(B) shall use such grant to hire a 
        Veterans Resource Officer whose duties shall include--
                  ``(A) serving as a liaison between--
                          ``(i) veteran students;
                          ``(ii) the faculty and staff of the 
                        institution; and
                          ``(iii) local facilities of the 
                        Department of Veterans Affairs;
                  ``(B) organizing and advising veteran student 
                organizations and hosting veterans-oriented 
                group functions on campus;
                  ``(C) distributing news and information to 
                all veteran students, including through 
                maintaining newsletters and listserves; and
                  ``(D) assisting in the training of Department 
                of Veterans Affairs certifying officials, when 
                applicable.''.

  Page 47, after line 6, insert the following new sections:

SEC. 107. OFFICER DANIEL FAULKNER CHILDREN OF FALLEN HEROES 
                    SCHOLARSHIP.

  (a) Short Title.--This section may be cited as the ``Officer 
Daniel Faulkner Children of Fallen Heroes Scholarship Act of 
2009''.
  (b) Calculation of Eligibility.--Section 473(b) (20 U.S.C. 
1087mm(b)(2)) is amended--
          (1) in paragraph (2)--
                  (A) in the matter preceding subparagraph (A), 
                by inserting ``(in the case of a student who 
                meets the requirement of subparagraph (B)(i)), 
                or academic year 2010-2011 (in the case of a 
                student who meets the requirement of 
                subparagraph (B)(ii)),'' after ``academic year 
                2009-2010''; and
                  (B) by amending subparagraph (B) to read as 
                follows:
                  ``(B) whose parent or guardian was--
                          ``(i) a member of the Armed Forces of 
                        the United States and died as a result 
                        of performing military service in Iraq 
                        or Afghanistan after September 11, 
                        2001; or
                          ``(ii) was actively serving as a 
                        public safety officer and died in the 
                        line of duty while performing as a 
                        public safety officer; and'';
          (2) in paragraph (3)--
                  (A) by striking ``Notwithstanding'' and 
                inserting the following:
                  ``(A) Armed forces.--Notwithstanding'';
                  (B) by striking ``paragraph (2)'' and 
                inserting ``subparagraphs (A), (B)(i), and (C) 
                of paragraph (2)''; and
                  (C) by adding at the end the following:
                  ``(B) Public safety officers.--
                Notwithstanding any other provision of law, 
                unless the Secretary establishes an alternate 
                method to adjust the expected family 
                contribution, a financial aid administrator 
                shall adjust the expected family contribution 
                in accordance with this subsection for each 
                student who meets the requirements of 
                subparagraphs (A), (B)(ii), and (C) of 
                paragraph (2).''; and
          (3) by adding at the end the following:
          ``(4) Treatment of pell amount.--Notwithstanding 
        section 1212 of the Omnibus Crime Control and Safe 
        Streets Act of 1968, in the case of a student who 
        receives an increased Federal Pell Grant amount under 
        this section, the total amount of such Federal Pell 
        Grant, including the increase under subparagraph (A), 
        shall not be considered in calculating that student's 
        educational assistance benefits under the Public Safety 
        Officer's Benefits program.
          ``(5) Definitions.--For purposes of this subsection--
                  ``(A) the term `public safety officer' means 
                an individual serving a public agency in an 
                official capacity, with or without 
                compensation, as a law enforcement officer, as 
                a firefighter, or as a member of a rescue squad 
                or ambulance crew;
                  ``(B) the term `law enforcement officer' 
                means an individual who--
                          ``(i) is authorized by law to engage 
                        in or supervise the prevention, 
                        detection, investigation, or 
                        prosecution of, or the incarceration of 
                        any person for, any violation of law; 
                        and
                          ``(ii) has statutory powers of arrest 
                        or apprehension;
                  ``(C) the term `firefighter' means an 
                individual who is trained in the suppression of 
                fire or hazardous-materials response and has 
                the legal authority to engage in these duties;
                  ``(D) the term `member of a rescue squad or 
                ambulance crew' means an individual who is an 
                officially recognized or designated public 
                employee member of a rescue squad or ambulance 
                crew; and
                  ``(E) the term `public agency' means the 
                United States, any State of the United States, 
                the District of Columbia, the Commonwealth of 
                Puerto Rico, the Virgin Islands of the United 
                States, Guam, American Samoa, the Trust 
                Territory of the Pacific Islands, the 
                Commonwealth of the Northern Mariana Islands, 
                any territory or possession of the United 
                States, or any unit of local government, 
                department, agency, or instrumentality of any 
                of the foregoing, and the Amtrak Police and 
                Federal Reserve Police departments.''.

SEC. 108. TEACHER EXCELLENCE.

  (a) Establishment.--The Secretary of Education may make 
grants to local educational agencies for the purpose of 
improving teacher excellence in public elementary and secondary 
schools.
  (b) Use of Funds.--Grants under this section shall be used 
for the establishment, expansion, or improvement of--
          (1) professional development activities that are 
        aligned to the curriculum and student academic needs;
          (2) mentoring and induction programs for new teachers 
        and principals; or
          (3) career ladders that allow teachers to take on new 
        professional roles, such as career teachers, mentor 
        teachers, and master teachers.
  (c) Application.--A local educational agency desiring a grant 
under this section shall submit to the Secretary of Education 
an application at such time, in such manner, and accompanied by 
such information as the Secretary may reasonably require.
  (d) Authorization of Appropriations.--There are authorized to 
be appropriated to carry out this section such sums as may be 
necessary for fiscal year 2010 and each of the 5 succeeding 
fiscal years.

  Page 48, lines 1 and 2, strike ``Grant, a Federal Direct 
Stafford Loan, or work assistance under'' and insert ``Grant or 
a Federal Direct Stafford Loan under''.

  Page 50, line 20, insert a period after ``section 480)''.

  Page 57, line 2, insert ``the'' after ``enactment of''.

  Page 59, line 16, through page 60, line 3, strike paragraph 
(1) and insert the following:

          (1) in subsection (a)(4)(A), by inserting ``, and 
        first disbursed before July 1, 2010'' after ``under 
        this part'';

  Page 62, line 7, strike the comma after ``2010''.

  Page 62, line 3, strike the comma after ``428C''.

  Page 65, line 7, strike ``; and'' and insert ``; or''.

  Page 65, line 15, after ``loan'' insert ``(or, if the holder 
acts as eligible lender trustee for the beneficial owner of the 
loan, the beneficial owner of the loan),''.

  Page 65, line 23, through page 66, line 13, strike subclause 
(III) and insert the following:

                                  ``(III) Terms of waiver.--
                                          ``(aa) In general.--A 
                                        waiver pursuant to 
                                        subclause (II)(bb) 
                                        shall be in a form 
                                        (printed or electronic) 
                                        prescribed by the 
                                        Secretary, and shall be 
                                        applicable to--
                                                  ``(AA) all 
                                                loans described 
                                                in such 
                                                subclause that 
                                                the lender 
                                                holds solely in 
                                                its own right 
                                                under any 
                                                lender 
                                                identification 
                                                number 
                                                associated with 
                                                the holder 
                                                (pursuant to 
                                                section 487B);
                                                  ``(BB) all 
                                                loans described 
                                                in such 
                                                subclause for 
                                                which the 
                                                beneficial 
                                                owner has the 
                                                authority to 
                                                make an 
                                                election of a 
                                                waiver under 
                                                such subclause, 
                                                regardless of 
                                                the lender 
                                                identification 
                                                number 
                                                associated with 
                                                the loan or the 
                                                lender that 
                                                holds the loan 
                                                as eligible 
                                                lender trustee 
                                                on behalf of 
                                                such beneficial 
                                                owner; and
                                                  ``(CC) all 
                                                future 
                                                calculations of 
                                                the special 
                                                allowance on 
                                                loans that, on 
                                                the date of 
                                                such waiver, 
                                                are loans 
                                                described in 
                                                subitem (AA) or 
                                                (BB), or that, 
                                                after such 
                                                date, become 
                                                loans described 
                                                in subitem (AA) 
                                                or (BB).
                                          ``(bb) Exceptions.--
                                        Any waiver pursuant to 
                                        subclause (II)(bb) that 
                                        is elected for loans 
                                        described in subitem 
                                        (AA) or (BB) of item 
                                        (aa) shall not apply to 
                                        any loan described in 
                                        such subitem for which 
                                        the lender or 
                                        beneficial owner of the 
                                        loan demonstrates to 
                                        the satisfaction of the 
                                        Secretary that--
                                                  ``(AA) in 
                                                accordance with 
                                                an agreement 
                                                entered into 
                                                before the date 
                                                of enactment of 
                                                the Student Aid 
                                                and Fiscal 
                                                Responsibility 
                                                Act of 2009 by 
                                                which such 
                                                lender or owner 
                                                is governed and 
                                                that applies to 
                                                such loans, 
                                                such lender or 
                                                owner is not 
                                                legally 
                                                permitted to 
                                                make an 
                                                election of 
                                                such waiver 
                                                with respect to 
                                                such loans 
                                                without the 
                                                approval of one 
                                                or more third 
                                                parties with an 
                                                interest in the 
                                                loans, and that 
                                                the lender or 
                                                owner followed 
                                                all available 
                                                options under 
                                                such agreement 
                                                to obtain such 
                                                approval, and 
                                                was unable to 
                                                do so; or
                                                  ``(BB) such 
                                                lender or 
                                                beneficial 
                                                owner presented 
                                                the proposal of 
                                                electing such a 
                                                waiver 
                                                applicable to 
                                                such loans 
                                                associated with 
                                                an obligation 
                                                rated by a 
                                                nationally 
                                                recognized 
                                                statistical 
                                                rating 
                                                organization 
                                                (as defined in 
                                                section 
                                                3(a)(62) of the 
                                                Securities 
                                                Exchange Act of 
                                                1934), and such 
                                                rating 
                                                organization 
                                                provided a 
                                                written opinion 
                                                that the agency 
                                                would downgrade 
                                                the rating 
                                                applicable to 
                                                such obligation 
                                                if the lender 
                                                or owner 
                                                elected such a 
                                                waiver.''.

  Page 66, line 18, after ``any loan'' insert ``in which the 
Secretary has purchased a participation interest and''.

  Page 66, beginning on line 21, strike ``and that is held'' 
and all that follows through ``the Secretary'' on line 23.

  Page 69, beginning on line 15, strike paragraph (2) and 
insert the following:

          (2) Effective date.--The amendments made by 
        subparagraph (C) of paragraph (1) shall be effective as 
        if enacted as part of section 102(a)(1) of the Higher 
        Education Opportunity Act, in accordance with section 
        102(e) of such Act, as amended by section 101(a)(2) of 
        Public Law 111-39.

  Page 71, line 24, insert ``located in the United States'' 
before ``at which''.

  Page 72, line 7, insert ``(employed in the United States)'' 
after ``employees''.

  Page 72, line 20, after ``2009,'' insert ``nonprofit 
subsidiaries of such an agency,''.

  Page 72, line 21, after ``agencies'' insert ``, 
subsidiaries,''.

  Page 72, line 24, after ``agencies'' insert ``, 
subsidiaries,''.

  Page 73, line 5, strike ``State agencies, and'' and insert 
``agencies, subsidiaries, and''.

  Page 73, line 9, strike ``State agencies and'' and insert 
``such agencies, subsidiaries, and''.

  Page 73, line 10, strike ``such''.

  Page 74, line 1, strike ``one or more'' and insert ``at least 
one''.

  Page 74, strike ``may take'' on line 12 through ``the 
servicer.'' on line 13, and insert ``shall set such rate so 
that (i) the rate is commercially reasonable in relation to the 
volume of loans being serviced by the eligible not-for-profit 
servicers, and (ii) in the Secretary's judgment, the eligible 
not-for-profit servicers can reasonably provide any additional 
services, such as default aversion or outreach, provided for in 
the contracts awarded under this paragraph.''.

  Page 74, beginning on line 22, strike ``on an annual basis'' 
and insert ``each year''.

  Page 75, line 13, strike ``on an annual basis'' and insert 
``each year''.

  Page 76, beginning on line 9, strike subparagraph (C) and 
insert the following:

                  ``(C) Loan servicing retention.--
                          ``(i) In general.--In addition to any 
                        new loans allocated to a servicers 
                        under subparagraph (B)(ii), an eligible 
                        not-for-profit servicer shall retain 
                        the servicing of loans allocated to 
                        such servicer in previous years, except 
                        as provided in clause (ii), or as 
                        otherwise provided for in accordance 
                        with the terms of a contract under this 
                        paragraph.
                          ``(ii) Transfers for multiple 
                        loans.--Notwithstanding clause (i) and 
                        the allocations required by 
                        subparagraph (B), the Secretary may 
                        transfer loans among servicers who are 
                        awarded contracts to service loans 
                        pursuant to this section to ensure that 
                        the loans of any single borrower remain 
                        with a single servicer.

  Page 76, line 17, strike ``3 years'' and insert ``5 years''.

  Page 77, beginning on line 14, strike ``, including due 
diligence activities required pursuant to regulations''.

  Page 77, beginning on line 16, strike paragraph (2) and 
insert the following:

          ``(2) Eligible not-for-profit servicer.--
                  ``(A) In general.--The term `eligible not-
                for-profit servicer' means an entity--
                          ``(i) that is not owned or controlled 
                        in whole or in part by--
                                  ``(I) a for profit entity; or
                                  ``(II) a nonprofit entity 
                                having its principal place of 
                                business in another State; and
                          ``(ii) that--
                                  ``(I) as of July 1, 2009--
                                          ``(aa) meets the 
                                        definition of an 
                                        eligible not-for-profit 
                                        holder under section 
                                        435(p), except that 
                                        such term does not 
                                        include eligible 
                                        lenders described in 
                                        paragraph (1)(D) of 
                                        such section; and
                                          ``(bb) was 
                                        performing, or had 
                                        entered into a contract 
                                        with a third party 
                                        servicer (as such term 
                                        is defined in section 
                                        481(c)) who was 
                                        performing, student 
                                        loan servicing 
                                        functions for loans 
                                        made under part B of 
                                        this title;
                                  ``(II) notwithstanding 
                                subclause (I), as of July 1, 
                                2009--
                                          ``(aa) is the sole 
                                        beneficial owner of a 
                                        loan for which the 
                                        special allowance rate 
                                        is calculated under 
                                        section 
                                        438(b)(2)(I)(vi)(II) 
                                        because the loan is 
                                        held by an eligible 
                                        lender trustee that is 
                                        an eligible not-for-
                                        profit holder as 
                                        defined under section 
                                        435(p)(1)(D); and
                                          ``(bb) was 
                                        performing, or had 
                                        entered into a contract 
                                        with a third party 
                                        servicer (as such term 
                                        is defined in section 
                                        481(c)) who was 
                                        performing, student 
                                        loan servicing 
                                        functions for loans 
                                        made under part B of 
                                        this title; or
                                  ``(III) is an affiliated 
                                entity of an eligible not-for-
                                profit servicer described in 
                                subclause (I) or (II) that--
                                          ``(aa) directly 
                                        employs, or will 
                                        directly employ (on or 
                                        before the date the 
                                        entity begins servicing 
                                        loans under a contract 
                                        awarded by the 
                                        Secretary pursuant to 
                                        subsection (a)(3)(A)), 
                                        the majority of 
                                        individuals who perform 
                                        borrower-specific 
                                        student loan servicing 
                                        functions; and
                                          ``(bb) as of July 1, 
                                        2009, was performing, 
                                        or had entered into a 
                                        contract with a third 
                                        party servicer (as such 
                                        term is defined in 
                                        section 481(c)) who was 
                                        performing, student 
                                        loan servicing 
                                        functions for loans 
                                        made under part B of 
                                        this title.
                  ``(B) Affiliated entity.--For the purposes of 
                subparagraph (A), the term `affiliated 
                entity'--
                          ``(i) means an entity contracted to 
                        perform services for an eligible not-
                        for-profit servicer that--
                                  ``(I) is a nonprofit entity 
                                or is wholly owned by a 
                                nonprofit entity; and
                                  ``(II) is not owned or 
                                controlled, in whole or in 
                                part, by--
                                          ``(aa) a for-profit 
                                        entity; or
                                          ``(bb) an entity 
                                        having its principal 
                                        place of business in 
                                        another State; and
                          ``(ii) may include an affiliated 
                        entity that is established by an 
                        eligible not-for-profit servicer after 
                        the date of enactment of the Student 
                        Aid and Fiscal Responsibility Act of 
                        2009, if such affiliated entity is 
                        otherwise described in subparagraph 
                        (A)(ii)(III) and clause (i) of this 
                        subparagraph.

  Page 80, after line 22, insert the following new section:

SEC. 216. TECHNICAL ASSISTANCE TO INSTITUTIONS OF HIGHER EDUCATION.

  Section 458(a) (20 U.S.C. 1087h(a)) is amended--
          (1) by redesignating paragraph (5) as paragraph (6); 
        and
          (2) by inserting after paragraph (4) the following 
        new paragraph:
          ``(5) Technical assistance to institutions of higher 
        education.--
                  ``(A) Provision of assistance.--The Secretary 
                shall provide institutions of higher education 
                participating, or seeking to participate, in 
                the loan programs under this part with 
                technical assistance in establishing and 
                administering such programs, including 
                assistance for an institution of higher 
                education during such institution's transition 
                into such programs. Such assistance may include 
                technical support, training for personnel, 
                customized assistance to individual 
                institutions of higher education, development 
                of informational materials, and other services 
                the Secretary determines to be appropriate.
                  ``(B) Funds.--There are--
                          ``(i) authorized to be appropriated, 
                        and there are appropriated, to carry 
                        out this paragraph (in addition to any 
                        other amounts appropriated to carry out 
                        this subparagraph and out of any money 
                        in the Treasury not otherwise 
                        appropriated), $50,000,000 for fiscal 
                        year 2010; and
                          ``(ii) authorized to be appropriated 
                        such sums as may be necessary to carry 
                        out this paragraph for fiscal years 
                        2011 through 2014.''.

  Page 84, line 8, insert ``(except as provided in paragraphs 
(3) and (4))'' after ``as follows''.

  Page 85, after line 12, insert the following new paragraphs:

          ``(3) Required minimum amount.--Notwithstanding 
        paragraph (1), in no case shall the sum of a 
        participating institution's allocation of loan 
        authority computed under subsections (c), (d), and (e) 
        be less than the average of the institution's total 
        principal amount of loans made under this part for each 
        of the academic years 2003-2004 through 2007-2008.
          ``(4) Additional adjustments.--If the Secretary 
        determines that the sum of a participating 
        institution's allocation of loan authority under 
        subsections (c), (d), and (e) is below the minimum 
        amount required under paragraph (3), the Secretary 
        shall--
                  ``(A) for each institution for which the 
                minimum amount under paragraph (3) is not 
                satisfied, increase the amount of such sum to 
                the amount of the required minimum under such 
                paragraph; and
                  ``(B) ratably reduce the amount of the sum of 
                such loan authority of all participating 
                institutions not described in subparagraph (A).

  Page 87, beginning on line 20, strike paragraph (3).

  Page 88, beginning on line 1, strike paragraph (4).

  Page 96, line 14, insert ``in'' after ``specified''.

  Page 97, line 8, strike ``(a)''.

  Page 105, line 2, strike the period after the second 
semicolon and insert ``and''.

  Page 105, strike lines 3 through 20, and insert the 
following:

          (3) in paragraph (2), by adding at the end the 
        following new subparagraph:
                  ``(C) Exception.--Notwithstanding 
                subparagraphs (A) and (B), an institution that 
                fails to meet the requirements of subsection 
                (a)(24) for two consecutive institutional 
                fiscal years, and the second such institutional 
                fiscal year ends after July 1, 2008, and before 
                July 1, 2011, shall not be determined 
                ineligible in accordance with subparagraph (A) 
                unless the institution fails to meet the 
                requirements of subsection (a)(24) for a third 
                consecutive institutional fiscal year.''.

  Page 111, line 22, insert ``, including life-cycle cost 
effectiveness,'' before ``and waste''.

  Page 117, beginning on line 7 strike ``including, where 
applicable, early learning facilities, based'' and insert 
``(including early learning facilities, as appropriate), 
based''.

  Page 122, line 11, insert ``(including early learning 
facilities, as appropriate)'' after ``facilities''.

  Page 131, after line 7, insert the following:

  (d) Termination.--The authority to establish and maintain the 
Advisory Council under this section shall expire at the close 
of September 30, 2011.

  Page 132, after line 6, insert the following:

  (d) Sunset.--The authority to award grants under this 
subtitle shall expire at the end of fiscal year 2011.

  Page 138, after line 8, insert the following:

                  ``(K) Expansion or building of computer lab 
                facilities, including facilities used to 
                provide information technology training to 
                students and members of the public.''.

  Page 138, line 9, redesignate subparagraph (K) as 
subparagraph (L).

  Page 138, line 12, redesignate subparagraph (L) as 
subparagraph (M).

  Page 141, line 1, strike ``(f)'' and insert ``(e)''.

  Page 141, line 16, strike ``(g)'' and insert ``(f)''.

  Page 141, line 21, strike ``(h)'' and insert ``(g)''.

  Page 143, line 10, strike ``(i)'' and insert ``(h)''.

  Page 143, strike line 15, and insert the following: ``year 
2010, which shall remain available until expended. The 
authority to award grants under this section shall expire at 
the end of fiscal year 2010.''.

  Page 144, line 7, strike ``, and improve'' and insert 
``and''.

  Page 146, line 8, after ``children'' insert ``, including 
programs receiving funds under section 611(h)(4) and 643(b) of 
the Individuals with Disabilities Education Act (20 U.S.C. 
1411(h)(4); 1443(b))''.

  Page 146, beginning on line 23, strike ``determined by the 
Secretary to qualify for receipt of'' and insert ``with an 
approved application for''.

  Page 148, line 10, after the semicolon, insert ``and''.

  Page 148, strike lines 11 through 14.

  Page 148, line 15, strike ``(3)'' and insert ``(2)''.

  Page 151, line 18, strike ``and'' at the end.

  Page 151, line 22, strike the period at the end and insert 
``; and''.

  Page 151, after line 22, insert the following:

                  (E) committing State resources for supporting 
                early learning programs and services.

  Page 154, line 24, strike ``, as appropriate,''.

  Page 154, line 25, after ``standards'' insert ``, as 
appropriate,''.

  Page 156, line 3, after ``including'' insert ``the''.

  Page 156, line 6, strike ``providers'' and insert ``early 
learning programs''.

  Page 157, line 22, before ``program'' insert ``early 
learning''.

  Page 158, line 1, before ``disability,'' insert ``dental, 
developmental delay and''.

  Page 161, after line 20, insert the following:

          (14) A description of how the State will implement a 
        process for improving the quality of early learning 
        services to better meet the needs of children who have 
        experienced abuse or neglect, been exposed to violence, 
        toxic stress, parental substance abuse, mental illness, 
        or homelessness, or have had early behavioral and peer 
        relationship problems, including addressing appropriate 
        professional development, programmatic practices, 
        classroom environment, and outreach and support to meet 
        the needs of such children.

  Page 161, line 21, redesignate paragraph (14) as paragraph 
(15).

  Page 165, line 5, insert ``early learning'' before 
``program''.

  Page 165, line 13, before ``disability,'' insert ``dental, 
developmental delay and''.

  Page 167, line 5, strike ``services,'' and insert ``services 
(or, if the State can demonstrate that it is already meeting 
the needs of such children in such manner, the State may apply 
to expand access for disadvantaged children in such manner and 
the State's application may not be adversely treated due to 
such request),''.

  Page 168, line 16, strike ``to'' and insert ``that''.

  Page 168, line 18, strike ``allow a State to become eligible 
and competitive'' and insert ``improve a State's 
competitiveness''.

  Page 171, line 24, strike ``could include determining'' and 
insert ``may include''.

  Page 172, line 1, after ``(i)'' insert ``examining''.

  Page 172, line 4, after ``(ii)'' insert ``examining''.

  Page 172, line 6, after ``(iii)'' insert ``examining''.

  Page 172, line 9, after ``(iv)'' insert ``examining''.

  Page 172, line 12, after ``(v)'' insert ``examining''.

  Page 172, line 14, strike ``and'' at the end.

  Page 172, line 15, after ``(vi)'' insert ``examining''.

  Page 172, after line 20, insert the following:

                          (vii) Supporting the development of 
                        valid and reliable assessments of young 
                        children and program quality, including 
                        in domains including language, 
                        literacy, mathematics, science, social 
                        and emotional development, and 
                        approaches to learning, with particular 
                        attention to development of assessments 
                        of domains for which there are few 
                        appropriate assessments, that are--
                                  (I) developmentally, 
                                linguistically, and culturally 
                                appropriate for the population 
                                served, including children with 
                                disabilities and children with 
                                limited English proficiency;
                                  (II) consistent with 
                                relevant, nationally recognized 
                                professional and technical 
                                standards related to the 
                                assessment of young children;
                                  (III) consistent with the 
                                guidelines on assessment for 
                                improved practice and for 
                                accountability in the National 
                                Research Council Committee on 
                                Developmental Outcomes and 
                                Assessments for Young Children; 
                                and

  Beginning on page 172, strike line 23 through page 173, line 
6, and insert the following:

          (4) Not later than 18 months after the date of the 
        enactment of this Act, conducting a review of the 
        statewide strategic reports developed by the State 
        Advisory Councils on Early Care and Education 
        (established pursuant to section 642B(b)(1)(A) of the 
        Head Start Act (42 U.S.C. 9837b(b)(1)(A))) and other 
        relevant information (including information reported by 
        States under section 406(b)(9)) to evaluate barriers to 
        increasing access to high-quality early learning 
        programs for low-income children, reporting on the 
        findings of such review, and disseminating relevant 
        findings and best practices.

  Page 174, line 12, before ``progress'' insert ``State's''.

  Page 174, line 24, strike ``providers'' and insert ``early 
learning programs''.

  Page 175, line 1, strike ``providers'' and insert ``early 
learning programs''.

  Page 175, line 7, strike ``proficient'' and insert 
``proficiency''.

  Page 175, line 10, after ``providers'' insert ``and early 
learning programs''.

  Page 175, line 18, strike ``appropriate''.

  Page 177, line 19, after ``2017.'' insert ``The authority to 
award grants under this title shall expire at the end of fiscal 
year 2017.''.

  Page 178, line 4, after ``2019.'' insert ``The authority to 
award grants under this title shall expire at the end of fiscal 
year 2019.''.

  Page 179, strike line 7, and insert ``In this title:''.

  Page 179, line 20, insert ``that has at least one 
articulation agreement with a 4-year institution of higher 
education'' after ``district''.

  Page 179, line 22, insert ``that has at least one 
articulation agreement with an institution of higher 
education'' after ``school''.

  Page 180, after line 6, insert the following:

                  (D) a Tribal College or University;

  Page 180, line 7, strike ``(D)'' and insert ``(E)''.

  Page 180, lines 9 and 10, strike ``or (C)'' and insert ``(C), 
or (D)''.

  Page 180, line 11, strike ``(E)'' and insert ``(F)''.

  Page 180, beginning on line 15, strike clause (ii) and insert 
the following:

                          (ii) has established and implemented 
                        a comprehensive articulation agreement 
                        between or among public institutions of 
                        higher education in the State that 
                        includes outlining the acceptability of 
                        community college courses in transfer 
                        for credit at public 4-year 
                        institutions in the State; and

  Page 180, line 20, strike ``or (D); or'' and insert ``(D), or 
(E);''.

  Page 180, line 21, strike ``(F)'' and insert ``(G)''

  Page 180, line 22, strike ``(E).'' and insert ``(F); or''.

  Page 180, after line 22, insert the following:

                  (H) at the discretion of the Secretary, a 
                private, not-for-profit, 2-year institution of 
                higher education in Puerto Rico, the District 
                of Columbia, Guam, the United States Virgin 
                Islands, American Samoa, the Commonwealth of 
                the Northern Mariana Islands, the Republic of 
                the Marshall Islands, the Federated States of 
                Micronesia, or the Republic of Palau.

  Page 182, after line 6, insert the following:

          (12) Tribal college or university.--The term ``Tribal 
        College or University'' has the meaning given such term 
        in section 316 of the Higher Education Act of 1965 (20 
        U.S.C. 1059c).

  Page 182, beginning on line 7, strike subsection (b).

  Page 183, line 8, strike ``(D)'' and insert ``(E)''.

  Page 184, line 9, after ``same'' insert ``specific''.

  Page 184, line 10, after ``Federal'' insert ``grant''.

  Page 185, line 20, strike ``or''.

  Page 185, line 24, strike the period and insert ``; or''.

  Page 185, after line 24, insert the following:

          (3) are focused on serving low-income, nontraditional 
        students (as defined in section 803(j) of the Higher 
        Education Act of 1965 (20 U.S.C. 1161c(j))), who do not 
        have a bachelor's degree.

  Page 187, after line 6, insert the following:

          (4) Exception.--This subsection shall not apply to 
        Tribal Colleges and Universities.

  Page 188, line 19, strike ``and'' after the semicolon.

  Page 188, line 22, strike the period and insert ``; and''.

  Page 188, after line 22, insert the following:

          (10) how the eligible entity will incorporate and 
        support faculty and staff of the institution in meeting 
        the goals of such programs, services, and policies.

  Page 189, line 6, strike ``(D)'' and insert ``(E)''.

  Page 190, line 3, strike ``and''.

  Page 190, line 6, strike the period and insert ``; and''.

  Page 190, after line 6, insert the following:

                  (D) library services, including information 
                literacy activities, to--
                          (i) help increase postsecondary 
                        degree, certificate, and industry-
                        recognized credential completion rates, 
                        particularly with respect to groups 
                        underrepresented in higher education; 
                        and
                          (ii) assist individuals with 
                        obtaining and retaining employment.

  Page 190, line 11, insert ``, information literacy,'' after 
``skills''.

  Page 191, line 5, strike ``(D)'' and insert ``(E)''.

  Page 191, line 13, strike ``(D)'' and insert ``(E)''.

  Page 191, beginning on line 17, strike ``Improving the 
timeliness of the process for creating'' and insert ``Creating, 
in a timely and efficient manner,''.

  Page 191, line 20, strike ``(D)'' and insert ``(E)''.

  Page 192, after line 2, insert the following:

          ``(8) Providing information technology training for 
        students and members of the public seeking to improve 
        their computer literacy and information technology 
        skills through public accessibility to--
                  ``(A) community college computer labs; and
                  ``(B) information technology training 
                provided on weeknights and weekends by an 
                employee of a community college who is capable 
                of basic computer instruction.''.

  Page 192, lines 6 and 7, strike ``applicable)'' and insert 
``applicable to the institution's use of funds provided under 
this section)''.

  Page 196, line 5, strike ``subsection (e)'' and insert 
``subsection (f)''.

  Page 196, beginning on line 25, strike ``subsection (g)'' and 
insert ``subsection (h)''.

  Page 197, after line 3, insert the following:

  (d) Priority.--In awarding grants under this section, the 
Secretary shall give priority to applications focused on 
serving low-income, nontraditional students (as defined in 
section 803(j) of the Higher Education Act of 1965 (20 U.S.C. 
1161c(j))), who do not have a bachelor's degree.

  Page 197, line 4, redesignate subsection (d) as subsection 
(e).

  Page 197, line 9, strike ``subsection (f)'' and insert 
``subsection (g)''.

  Page 197, line 14, strike ``subsection (f)'' and insert 
``subsection (g)''.

  Page 198, line 7, redesignate subsection (e) as subsection 
(f).

  Page 198, line 13, strike ``subsection (f)'' and insert 
``subsection (g)''.

  Page 198, line 23, strike ``subsection (g)'' and insert 
``subsection (h)''.

  Page 199, line 20, redesignate subsection (f) as subsection 
(g).

  Page 200, line 4, redesignate subsection (g) as subsection 
(h).

  Page 200, line 8, strike ``section 503(f)(1)'' and insert 
``section 503(g)(1)''.

  Page 200, line 13, redesignate subsection (h) as subsection 
(i).

  Page 200, line 22, strike ``subsection (g)'' and insert 
``subsection (h)''.

  Page 201, line 6, redesignate subsection (i) as subsection 
(k).

  Page 201, line 15, strike ``will'' and insert ``should''.

  Page 201, line 18, strike ``will'' and insert ``should''.

  Page 202, beginning on line 2, strike ``training, high school 
courses, and postsecondary education courses'' and insert 
``courses, including instructional materials, for training and 
postsecondary education readiness and success''.

  Page 203, line 9, insert ``faculty,'' after ``students,''.

  Page 209, after line 2, insert the following:

  (d) Evaluation.--From the amounts appropriated to carry out 
this section, the Secretary shall, not later than 30 days after 
the date of the enactment of this Act, allocate not less than 
$1,000,000 for the contract with, and report by, the National 
Research Council required under section 1107(c)(2) of the 
Higher Education Opportunity Act (Public Law 110-315).
  (e) Model to Determine Credit Transferability.--From the 
amounts appropriated to carry out this section, the Secretary 
may develop a model, which leverages existing technologies if 
appropriate, of a service that enables students to determine 
the transferability of credits between institutions of higher 
education voluntarily participating in such service.

  Page 209, line 3, redesignate subsection (d) as subsection 
(f).

  Conform the Table of Contents accordingly.
                              ----------                              


 2. An Amendment To Be Offered by Representative Hoekstra of Michigan, 
               or His Designee, Debatable for 10 Minutes

  Strike title III of the Bill, and redesignate titles IV and V 
as titles III and IV, respectively.

  Redesignate sections 401 through 409 as sections 301 through 
309, respectively.

  Redesignate sections 501 through 505 as sections 401 through 
405, respectively.

  Page 144, line 23, strike ``section 403'' and insert 
``section 303''.

  Page 145, line 1, strike ``section 404'' and insert ``section 
304''.

  Page 145, line 4, and page 174, lines 3 and 14, strike 
``section 403(c)(3)'' and insert ``section 303(c)(3)''.

  Page 145, line 17, and page 174, line 5, strike ``section 
405'' and insert ``section 305''.

  Page 147, line 4, strike ``404'' and insert ``304''.

  Page 148, line 10, strike ``section 403(f)'' and insert 
``section 303(f)''.

  Page 150, line 15, strike ``section 405(2)'' and insert 
``section 305(f)''.

  Page 151, lines 4 and 25, page 153, lines 8 and 12, page 162, 
lines 2 and 17, page 163, line 1, page 166, lines 18 and 23, 
page 168, line 4 and 19, and page 175, line 25, strike 
``section 402(a)'' and insert ``section 302(a)''.

  Page 151, line 21, strike ``section 405(1)'' and insert 
``section 305(1)''.

  Page 153, line 13, and page 162, line 6, strike ``section 
402(d)'' and insert ``section 302(d)''.

  Page 168, line 10, 15, and 21, page 169, line 2, and page 
170, line 7, strike ``section 402(b)'' and insert ``section 
302(b)''.

  Page 168, line 17, strike ``section 402(c)(3)'' and insert 
``section 302(c)(3)''.

  Page 170, line 11, strike ``section 402(c)(1)'' and insert 
``section 302(c)(1)''.

  Page 178, line 9, strike ``503'' and insert ``403''.

  Page 178, line 12, strike ``504'' and insert ``404''.

  Page 178, lines 15 and 18, strike ``section 505'' and insert 
``section 405''.

  Page 178, beginning on line 20, strike ``sections 503 and 
504'' and insert ``sections 403 and 404''.

  Page 179, line 3, strike ``sections 503 and 504'' and insert 
``sections 403 and 404''.

  Page 183, line 8, strike ``section 502(a)(3)'' and insert 
``section 402(a)(3)''.

  Page 184, line 6, and page 194, line 10, strike ``section 
501(b)(1)'' and insert ``section 401(b)(1)''.

  Page 188, line 15, strike ``section 505(b)'' and insert 
``section 405(b)''.

  Page 189, line 6, and page 191, lines 5, 13, and 20, strike 
``section 502(a)(3)'' and insert ``section 402(a)(3)''.

  Page 196, line 2, and page 200, line 1, strike ``503(i)'' and 
insert ``403(i)''.

  Page 200, line 8, strike ``section 503(f)(1)'' and insert 
``section 403(f)(1)''.

  Conform the table of contents accordingly.
                              ----------                              


3. An Amendment To Be Offered by Representative Cardoza of California, 
               or His Designee, Debatable for 10 Minutes

  Page 185, line 20, strike ``or''; on line 24, strike the 
period and insert ``; or''; and after line 24, insert the 
following new paragraph:

          (3) are community colleges located in areas with high 
        unemployment rates.
                              ----------                              


  4. An Amendment To Be Offered by Representative McMorris Rodgers of 
         Washington, or Her Designee, Debatable for 10 Minutes

  Page 118, beginning on line 8, strike section 331 and insert 
the following:

SEC. 331. IMPERMISSIBLE USES OF FUNDS AND CONCURRENT FUNDING.

  (a) In General.--No funds received under this subtitle may be 
used for--
          (1) payment of maintenance costs, including routine 
        repairs classified as current expenditures under State 
        or local law;
          (2) stadiums or other facilities primarily used for 
        athletic contests or exhibitions or other events for 
        which admission is charged to the general public;
          (3) improvement or construction of facilities the 
        purpose of which is not the education of children, 
        including central office administration or operations 
        or logistical support facilities; or
          (4) purchasing carbon offsets.
  (b) Funding Under Other Acts.--Funds made available under 
this title shall not be used to assist any local educational 
agency that receives funding for the construction, 
modernization, renovation, and repair of facilities under the 
American Recovery and Reinvestment Act of 2009.

  Conform the table of contents accordingly.
                              ----------                              


 5. An Amendment To Be Offered by Representative Pingree of Maine, or 
                 Her Designee, Debatable for 10 Minutes

  Page 109, line 24, strike ``and''.

  Page 110, line 5, strike the period at the end and insert ``; 
and''.

  Page 110, after line 5, insert the following:

                  ``(C) local educational agencies serving 
                geographic areas that contain a military 
                installation selected for closure under the 
                base closure and realignment process pursuant 
                to the Defense Base Closure and Realignment Act 
                of 1990 (part A of title XXIX of Public Law 
                101-510; 10 U.S.C. 2687 note).''.
                              ----------                              


 6. An Amendment To Be Offered by Representative Pingree of Maine, or 
                 Her Designee, Debatable for 10 Minutes

  Page 140, beginning on line 18, strike subsection (e) and 
insert the following:

  ``(e) Concurrent Funding.--Funds made available under this 
section shall not be used to assist any community college that 
receives funding for the construction, modernization, 
renovation, and repair of facilities under any other program 
under this Act''.
                              ----------                              


7. An Amendment To Be Offered by Representative Foxx of North Carolina, 
               or Her Designee, Debatable for 10 Minutes

  Page 27, beginning on line 20, strike ``has the meaning 
given'' and all that follows through ``2009'' and insert 
``refers to a State public employment service established under 
the Wagner-Peyser Act (29 U.S.C. 49 et seq.)''.

  Page 27, line 25, strike ``have the meanings given'' and all 
that follows through page 28, line 2, and insert ``refer to a 
State workforce investment board established under section 111 
of the Workforce Investment Act (29 U.S.C. 2821) and a local 
workforce investment board established under section 117 of 
such Act (29 U.S.C. 2832), respectively.''

  Amend title V of the Bill to read as follows:

                  TITLE V--PRIVACY AND ACCESS TO DATA

SEC. 501. PRIVACY AND ACCESS TO DATA.

  (a) In General.--Each State or consortia that receives a 
grant under any provision of this Act shall implement measures 
to--
          (1) ensure that the statewide longitudinal data 
        system under this subsection and any other data system 
        the State or consortia is operating for the purposes of 
        this Act meet the requirements of section 444 of the 
        General Education Provisions Act (20 U.S.C. 1232g) 
        (commonly known as the ``Family Educational Rights and 
        Privacy Act of 1974'');
          (2) limit the use of information in any such data 
        system by governmental agencies in the State, including 
        State agencies, State educational authorities, local 
        educational agencies, community colleges, and 
        institutions of higher education, to education and 
        workforce related activities under this Act or 
        education and workforce related activities otherwise 
        permitted by Federal or State law;
          (3) prohibit the disclosure of personally 
        identifiable information except as permitted under 
        section 444 of the General Education Provisions Act and 
        any additional limitations set forth in State law;
          (4) keep an accurate accounting of the date, nature, 
        and purpose of each disclosure of personally 
        identifiable information in any such data system, a 
        description of the information disclosed, and the name 
        and address of the person, agency, institution, or 
        entity to whom the disclosure is made, which accounting 
        shall be made available on request to parents of any 
        student whose information has been disclosed;
          (5) notwithstanding section 444 of the General 
        Education Provisions Act, require any non-governmental 
        party obtaining personally identifiable information to 
        sign a data use agreement prior to disclosure that--
                  (A) prohibits the party from further 
                disclosing the information;
                  (B) prohibits the party from using the 
                information for any purpose other than the 
                purpose specified in the agreement; and
                  (C) requires the party to destroy the 
                information when the purpose for which the 
                disclosure was made is accomplished;
          (6) maintain adequate security measures to ensure the 
        confidentiality and integrity of any such data system, 
        such as protecting a student record from identification 
        by a unique identifier;
          (7) where rights are provided to parents under this 
        clause, provide those rights to the student instead of 
        the parent if the student has reached the age of 18 or 
        is enrolled in a postsecondary educational institution; 
        and
          (8) ensure adequate enforcement of the requirements 
        of this paragraph.
  (b) Use of Unique Identifiers.--It shall be unlawful for any 
Federal, State, or local governmental agency to--
          (1) use the unique identifiers employed in such data 
        systems for any purpose other than as authorized by 
        Federal or State law; or
          (2) deny any individual any right, benefit, or 
        privilege provided by law because of such individual's 
        refusal to disclose the individual's unique identifier.

  Conform the table of contents accordingly.
                              ----------                              


8. An Amendment To Be Offered by Representative Reyes of Texas, or His 
                   Designee, Debatable for 10 Minutes

    Page 191, line 15, after ``students'' insert ``, including 
students who are veterans or members of the National Guard or 
Reserves,''.
                              ----------                              


  9. An Amendment To Be Offered by Representative Etheridge of North 
          Carolina, or His Designee, Debatable for 10 Minutes

  Page 24, after line 24, insert the following:
                          ``(iii) providing loan counseling, 
                        loan delinquency, and default aversion 
                        assistance to student loan borrowers 
                        and institutions of higher education;
  Page 25, line 1, redesignate clause (iii) as clause (iv).
  Page 25, line 4, redesignate clause (iv) as clause (v).
  Page 76, line 15, strike ``and''.
  Page 76, after line 15, insert the following:
          (2) in subsection (b)--
                  (A) in the subsection header, by striking 
                ``Origination, Servicing, and Data Systems'' 
                and inserting ``Origination, Servicing, 
                Delinquency Prevention and Default Aversion 
                Services, Default Collections, Outreach, and 
                Data Systems'';
                  (B) in the matter preceding paragraph (1), by 
                striking ``The Secretary may'' and inserting 
                ``(1) In general.--The Secretary may'';
                  (C) by redesignating paragraphs (1) through 
                (4) as subparagraphs (A) through (D), and 
                moving such subparagraphs two ems to the right;
                  (D) in subparagraph (C) (as redesignated by 
                subparagraph (C) of this paragraph), by 
                striking ``and'' after the semicolon;
                  (E) by redesignating subparagraph (D) (as 
                redesignated by subparagraph (C) of this 
                paragraph) as subparagraph (E);
                  (F) by inserting after subparagraph (C) (as 
                so redesignated) the following new 
                subparagraph:
                  ``(D) delinquency prevention and default 
                aversion services, default collections, 
                financial aid counseling, career and education 
                counseling, financial literacy, guidance 
                counselor and financial aid officer training 
                services, and other outreach services; and''; 
                and
                  (G) by adding at the end the following:
  ``(2) Limitation.--The Secretary may enter into contracts for 
the services described in paragraph (1)(D) with--
          ``(A) agencies with agreements with the Secretary 
        under subsections (b) and (c) of section 428 on the 
        date of enactment of the Student Aid and Fiscal 
        Responsibility Act of 2009, that are providing such 
        services on such date and that meet the qualifications 
        determined by the Secretary; or
          ``(B) nonprofit subsidiaries of agencies described in 
        subparagraph (A), if such subsidiaries were 
        established, pursuant to State law, on or before 
        January 1, 1998, and meet the qualifications determined 
        by the Secretary.''; and
  Page 76, line 16, redesignate paragraph (2) as paragraph (3).
                              ----------                              


 10. An Amendment To Be Offered by Representative Driehaus of Ohio, or 
                 His Designee, Debatable for 10 Minutes

  Page 21, after line 9, insert the following:
                          (iii) encourages State policies that 
                        are designed to improve rates of 
                        enrollment and re-enrollment of 
                        dislocated workers in postsecondary 
                        education;
  Page 21, line 10, redesignate clause (iii) as clause (iv).
  Page 21, line 14, redesignate clause (iv) as clause (v).
  Page 26, after line 19, insert the following:
          (1) Dislocated worker.--The term ``dislocated 
        worker'' has the meaning given such term in section 
        101(9) of the Workforce Investment Act of 1998 (29 
        U.S.C. 2801(9)).
  Page 26, line 20, redesignate paragraph (1) as paragraph (2).
  Page 27, line 18, redesignate paragraph (2) as paragraph (3).
  Page 27, line 22, redesignate paragraph (3) as paragraph (4).
                              ----------                              


 11. An Amendment To Be Offered by Representative Cuellar of Texas, or 
                 His Designee, Debatable for 10 Minutes

  Page 80, after line 22, insert the following new section (and 
conform the table of contents accordingly):

SEC. 216. OUTREACH EFFORTS.

  (a) Outreach Activities Required.--The Secretary of Education 
shall conduct outreach activities in accordance with this 
section to inform and educate students and their families about 
the transition to Federal Direct lending under the amendments 
made by this title to title IV of the Higher Education Act of 
1965.
  (b) Required Components of Outreach.--The Secretary shall 
provide for the broad dissemination of information on such 
amendments and shall--
          (1) operate and maintain an Internet website through 
        which individuals may obtain information on changes 
        made to the Federal Family Education Loan programs and 
        the Federal Direct Loan programs;
          (2) develop and disseminate information to high 
        school seniors and their parents concerning student 
        loans and student aid;
          (3) provide assistance to institutions of higher 
        education to educate students on the repayment of 
        Federal Direct loans; and
          (4) ensure that all outreach efforts are developed 
        using plain language and are culturally- and language-
        appropriate.
  (c) Use of Other Entities.--In carrying out this subsection, 
the Secretary may work with other appropriate entities to 
facilitate the dissemination of information under this section 
and to provide assistance as described in this section.
                              ----------                              


12. An Amendment To Be Offered by Representative Murphy of Connecticut, 
               or His Designee, Debatable for 10 Minutes

  Page 163, line 22, insert ``(which may include establishing 
or supporting partnerships with institutions of higher 
education (as such term is defined in section 101 of the Higher 
Education Act of 1965 (20 U.S.C. 1001) to support such 
education and training)'' after ``providers''.
                              ----------                              


     13. An Amendment To Be Offered by Representative Childers of 
         Mississippi, or His Designee, Debatable for 10 Minutes

  Page 43, beginning on line 17, amend section 106 (and conform 
the Table of Contents accordingly) to read as follows:

SEC. 106. VETERANS RESOURCE OFFICER GRANTS.

  Section 873 (20 U.S.C. 1161t) is amended--
          (1) by amending the header to read as follows: 
        ``MODEL PROGRAMS FOR CENTERS OF EXCELLENCE FOR VETERAN 
        STUDENT SUCCESS; VETERANS RESOURCE OFFICERS'';
          (2) in subsection (a), by inserting ``, or Veterans 
        Resource Officers,'' after ``model programs'';
          (3) by amending subsection (b) to read as follows:
  ``(b) Grant Authorized.--
          ``(1) In general.--Subject to the availability of 
        appropriations under subsection (f), the Secretary 
        shall award grants to institutions of higher education 
        to--
                  ``(A) develop model programs to support 
                veteran student success in postsecondary 
                education; or
                  ``(B) hire a Veterans Resource Officer to 
                increase the college completion rates for 
                veteran students enrolled at such institutions 
                of higher education.
          ``(2) Grant period.--A grant awarded under this 
        section shall be awarded for a period of 3 years.''; 
        and
          (4) in subsection (c)--
                  (A) in paragraph (1)--
                          (i) by amending the header to read as 
                        follows: ``Model program required 
                        activities''; and
                          (ii) in the matter preceding 
                        subparagraph (A), by striking ``under 
                        this section'' and inserting ``for the 
                        purpose described in subsection 
                        (b)(1)(A)'';
                  (B) by redesignating paragraph (2) as 
                paragraph (3); and
                  (C) by inserting after paragraph (1) the 
                following:
          ``(2) Veterans resource officer required 
        activities.--An institution of higher education 
        receiving a grant for the purpose described in 
        subsection (b)(1)(B) shall use such grant to hire a 
        Veterans Resource Officer whose duties shall include--
                  ``(A) serving as a liaison between--
                          ``(i) veteran students;
                          ``(ii) the faculty and staff of the 
                        institution;
                          ``(iii) local facilities of the 
                        Department of Veterans Affairs; and
                          ``(iv) mental healthcare providers at 
                        the Department of Veterans Affairs to 
                        ensure that veteran students are 
                        referred to such providers if needed; 
                        and
                  ``(B) organizing and advising veteran student 
                organizations and hosting veterans-oriented 
                group functions on campus;
                  ``(C) distributing news and information to 
                all veteran students, including through 
                maintaining newsletters and listserves; and
                  ``(D) assisting in the training of Department 
                of Veterans Affairs certifying officials, when 
                applicable.''.
                              ----------                              


 14. An Amendment To Be Offered by Representative Adler of New Jersey, 
               or His Designee, Debatable for 10 Minutes

  Page 31, line 10, redesignate subparagraph (D) as 
subparagraph (E).

  Page 31, line 17, redesignate subparagraph (E) as 
subparagraph (F).

  Page 31, after line 9, insert the following:

                  (D) include activities to increase degree or 
                certificate completion for students who are 
                veterans;
                              ----------                              


15. An Amendment To Be Offered by Representative Himes of Connecticut, 
               or His Designee, Debatable for 10 Minutes

  Page 21, after line 9, insert the following:

                          (iii) encourages the full use of 
                        State resources in support of financial 
                        literacy programs;

  Page 21, line 10, redesignate clause (iii) as clause (iv).

  Page 21, line 14, redesignate clause (iv) as clause (v).

  Page 21, line 20, redesignate clause (v) as clause (vi).

  Page 25, line 3, strike ``and''.

  Page 25, after line 5, insert the following:

                          ``(v) programs to provide financial 
                        literacy education and counseling to 
                        elementary, secondary, and 
                        postsecondary students that include an 
                        examination of how financial planning 
                        may impact a student's ability to 
                        pursue postsecondary education; and''.

  Page 31, after line 9, insert the following:

                  ``(D) include activities that enhance the 
                financial literacy and awareness of students 
                who are potentially eligible for assistance 
                under this Act, especially those students from 
                groups that are traditionally underrepresented 
                in postsecondary education;''.

  Page 31, line 10, redesignate subparagraph (D) as 
subparagraph (E).

  Page 31, line 17, redesignate subparagraph (E) as 
subparagraph (F).

  Page 77, line 7, insert ``, including financial literacy 
programs,'' before ``(if any)''.

  Page 80, beginning on line 1, amend subparagraph (B) to read 
as follows:

                  ``(B) deliver a wide range of financial 
                literacy and counseling tools to equip students 
                with the information necessary to make prudent 
                decisions concerning their educational success 
                and financial well-being.''.
                              ----------                              


16. An Amendment To Be Offered by Representative Kilroy of Ohio, or Her 
                   Designee, Debatable for 10 Minutes

  Page 185, beginning on line 21, strike paragraph (2) and 
insert the following:

          (2) are institutions of higher education eligible for 
        assistance under title III or V of the Higher Education 
        Act of 1965, or consortia that include such an 
        institution; or
          (3) are focused on serving low-income, non-
        traditional students (as defined in section 803(j) of 
        the Higher Education Act of 1965 (20 U.S.C. 1161c(j))), 
        or students who are dislocated workers, who do not have 
        a bachelor's degree.

  Page 196, beginning on line 21, strike subsection (c) and all 
that follows through page 197, line 5, and insert the 
following:

  (c) Grant Duration; Renewal.--A grant awarded under this 
section shall be awarded to an eligible State for a 6-year 
period, except that if the Secretary determines that the 
eligible State has not made demonstrable progress in achieving 
the benchmarks developed pursuant to subsection (h) by the end 
of the third year of the grant period, non further grant funds 
shall be made available to the entity after the date of such 
determination.
  (d) Priority.--In awarding grants under this section, the 
Secretary shall give priority to applications focused on 
serving low-income, nontraditional students (as defined in 
section 803(j) of the Higher Education Act of 1965 (20 U.S.C. 
1161c(j))), or students who are dislocated workers, who do not 
have a bachelor's degree.
  (e) Federal and Non-Federal Share; Supplement, Not 
Supplant.--
                              ----------                              


 17. An Amendment To Be Offered by Representative Minnick of Idaho, or 
                 His Designee, Debatable for 10 Minutes

  Page 193, line 8, amend clause (iv) to read as follows:

                          (iv) transfer of general education 
                        credits, including education credits 
                        earned while serving in the Armed 
                        Forces, between institutions of higher 
                        education, as applicable;
                              ----------                              


18. An Amendment To Be Offered by Representative Perriello of Virginia, 
               or His Designee, Debatable for 10 Minutes

    Page 161, line 21, redesignate paragraph (14) as paragraph 
(15).

    Page 161, after line 20, insert the following:

          (14) A description of any disparity by geographic 
        area (urban and rural) of available high-quality early 
        learning programs for low-income children and the steps 
        the State will take to decrease such disparity, if 
        applicable.
                              ----------                              


 19. An Amendment To Be Offered by Representative Schauer of Michigan, 
               or His Designee, Debatable for 10 Minutes

  Page 31, line 10, redesignate subparagraph (D) as 
subparagraph (E).

  Page 31, line 17, redesignate subparagraph (E) as 
subparagraph (F).

  Page 31, after line 9, insert the following:

                  (D) include activities to encourage 
                dislocated workers (as such term is defined in 
                section 101(9) of the Workforce Investment Act 
                of 1998 (29 U.S.C. 2801(9)) to complete 
                postsecondary education opportunities;
                              ----------                              


20. An Amendment To Be Offered by Representative Teague of New Mexico, 
               or His Designee, Debatable for 10 Minutes

  Page 182, after line 20, insert the following:

          (7) Are students who are veterans.

  Page 192, after line 2, insert the following:

          (8) Expanding, enhancing, or creating academic 
        programs or training programs that focus on preparing 
        students for skilled occupations in energy-related 
        fields, which may be carried out in partnership with 
        employers and may include other relevant partners, that 
        provide relevant job-skill training (including 
        apprenticeships and worksite learning and training 
        opportunities) for skilled occupations in high-demand 
        industries.
          (9) Expanding, enhancing, or creating academic 
        programs or training programs that prepare students for 
        occupations critical to serving veterans, including 
        occupations within the Department of Veterans Affairs 
        health care system.
                              ----------                              


21. An Amendment To Be Offered by Representative Teague of New Mexico, 
               or His Designee, Debatable for 10 Minutes

  Page 5, after line 7, insert the following new section (and 
conform the table of contents accordingly):

SEC. 4. USE OF SAVINGS FOR DEBT REDUCTION.

  All savings in Federal expenditures not otherwise expended as 
a result of the enactment of this Act shall be made available 
for the reduction of the Federal deficit.
                              ----------                              


22. An Amendment To Be Offered by Representative Souder of Indiana, or 
                 His Designee, Debatable for 10 Minutes

  Page 55, beginning on line 8, strike subsection (d).
                              ----------                              


 23. An Amendment To Be Offered by Representative Flake of Arizona, or 
                 His Designee, Debatable for 10 Minutes

  Page 5, after line 7, insert the following new section (and 
conform the table of contents accordingly):

SEC. 4. PROHIBITION ON EARMARKS.

  None of the funds appropriated pursuant to this Act may be 
used for a Congressional earmark as defined in clause 9(d) of 
rule XXI of the Rules of the House of Representatives.
                              ----------                              


24. An Amendment To Be Offered by Representative Kline of Minnesota, or 
                 His Designee, Debatable for 10 Minutes

  Strike all after the enacting clause and insert the 
following:

SEC. 1. SHORT TITLE.

  This Act may be cited as the ``Ensuring Student Choice and 
Competition Act of 2009''.

SEC. 2. EXTENSION OF ENSURING CONTINUED ACCESS AND STUDENT LOANS ACT.

  Section 459A of the Higher Education Act of 1965 (20 U.S.C. 
1087i-1) is amended--
          (1) in subsection (a)(1), by striking ``July 1, 
        2010'' and inserting ``July 1, 2014'';
          (2) in subsection (e)--
                  (A) in paragraph (1)(A), by striking 
                ``September 30, 2010'' and inserting 
                ``September 30, 2014'';
                  (B) in paragraph (2)--
                          (i) by striking ``February 15, 2011'' 
                        and inserting ``February 15, 2015''; 
                        and
                          (ii) by striking ``September 30, 
                        2010'' and inserting ``September 30, 
                        2014''; and
                  (C) in paragraph (3), by striking ``2010, and 
                2011'' and inserting ``2010, 2011, 2012, 2013, 
                2014, and 2015'';
          (3) in subsection (f), by striking ``July 1, 2010'' 
        and inserting ``July 1, 2014''; and
          (4) by adding at the end the following new 
        subsection:
  ``(g) Special Rule.--
          ``(1) In general.--Subject to paragraph (2), in 
        carrying out the program under this section, the 
        Secretary shall continue, until June 30, 2014, to carry 
        out the 3 programs described in the Federal Register 
        notices published pursuant to subsection (a)(2) of this 
        section, as such programs were in effect on the day 
        before the date of enactment of the Ensuring Student 
        Choice and Competition Act of 2009.
          ``(2) Loan participation purchase program.--
        Notwithstanding any provision of law to the contrary or 
        the terms and conditions of the programs described in 
        the Federal Register notices published pursuant to 
        subsection (a)(2), an eligible lender participating in 
        the loan participation purchase program shall not, 
        prior to July 1, 2014, be required to--
                  ``(A) make a redemption payment with respect 
                to each eligible loan purchased by the 
                Secretary; or
                  ``(B) exercise the put option with respect to 
                each such loan.
          ``(3) Definitions.--The terms `redemption payment' 
        and `put option' refer to the redemption payment and 
        put option described in the summary of the terms and 
        conditions of the loan participation purchase program 
        (73 Federal Register 127, July 1, 2008).''.

SEC. 3. STUDY OF FFEL PROGRAM ALTERNATIVES.

  (a) Study Required.--
          (1) In general.--The Comptroller General of the 
        United States, the Secretary of Education, and the 
        Secretary of the Treasury, in consultation with the 
        study group described in paragraph (2), shall conduct a 
        study to identify and make recommendations for the 
        development of a Federal student loan program that 
        incorporates a strong public-private partnership 
        between the Federal Government and the private sector.
          (2) Study group.--The Comptroller General of the 
        United States, the Secretary of Education, and the 
        Secretary of the Treasury shall convene a study group 
        which shall include--
                  (A) the Director of the Office of Management 
                and Budget;
                  (B) the Director of the Congressional Budget 
                Office;
                  (C) representatives of entities making loans 
                under part B of title IV of the Higher 
                Education Act of 1965 (20 U.S.C. 1071 et seq.);
                  (D) representatives of other entities in the 
                financial services community;
                  (E) representatives of other participants in 
                the student loan programs; and
                  (F) such other individuals as the Comptroller 
                General of the United States, the Secretary of 
                Education, and the Secretary of the Treasury 
                may designate.
  (b) Design of the Study.--The study conducted under this 
section shall identify recommendations for a new model for 
maintaining a strong public-private partnership for student 
lending. Such model shall be designed to achieve the following 
objectives:
          (1) Use private capital in loan origination.
          (2) Produce sufficient market competition among loan 
        providers to ensure that students and families have 
        choices in Federal student loans.
          (3) Avoid waste, fraud, and abuse.
  (c) Factors.--The study group shall consider the following 
factors in developing recommendations for a model that meets 
the objectives described in subsection (b):
          (1) The ability of lenders, guaranty agencies, and 
        loan servicers to provide top-quality customer service, 
        default aversion activities, and financial literacy 
        activities.
          (2) The use of in-school subsidies or flexible 
        repayment options to ensure that borrowers are able to 
        successfully repay their loans.
          (3) The ability of the program to be streamlined for 
        ease of administration and understanding by 
        institutions of higher education, students, and 
        families.
          (4) The stability of the program during times of 
        economic disruption by uncontrollable market forces.
          (5) The use of market mechanisms in determining 
        lender return on student loans, while continuing to 
        meet the other objectives of the programs under parts B 
        and D of title IV of the Higher Education Act of 1965 
        (20 U.S.C. 1071 et seq; 1087a et seq.), including the 
        provision of loans to all eligible students.
          (6) The feasibility of requiring borrowers to repay 
        loans through income tax withholding.
  (d) Preliminary Report and Publication of Study.--
          (1) Preliminary report.--Not later than July 1, 2012, 
        the study group shall prepare a preliminary report on 
        the recommendations of the study conducted under this 
        section, including any additional or dissenting views 
        with respect to the findings, available to the public 
        with a 60-day request for public comment. The study 
        group shall review the public comments.
          (2) Final report.--Not later than January 1, 2013, 
        the Comptroller General of the United States, the 
        Secretary of Education, and Secretary of the Treasury 
        shall submit a final report on the recommendations of 
        the study, including any additional or dissenting 
        views, to the Committee on Education and Labor of the 
        House of Representatives and the Committee on Health, 
        Education, Labor, and Pensions of the Senate.

SEC. 4. REVISED SPECIAL ALLOWANCE CALCULATION.

  (a) Revised Calculation Rule.--Section 438(b)(2)(I) of the 
Higher Education Act of 1965 (20 U.S.C. 1087-1(b)(2)(I)) is 
amended by adding at the end the following new clause:
                          ``(vii) Revised calculation rule to 
                        reflect financial market conditions.--
                                  ``(I) Calculation based on 
                                libor.--For the calendar 
                                quarter beginning on October 1, 
                                2009, and each subsequent 
                                calendar quarter, in computing 
                                the special allowance paid 
                                pursuant to this subsection 
                                with respect to loans described 
                                in subclause (II), clause 
                                (i)(I) of this subparagraph 
                                shall be applied by 
                                substituting `of the 1-month 
                                London Inter Bank Offered Rate 
                                (LIBOR) for United States 
                                dollars in effect for each of 
                                the days in such quarter as 
                                compiled and released by the 
                                British Bankers Association' 
                                for `of the quotes of the 3-
                                month commercial paper 
                                (financial) rates in effect for 
                                each of the days in such 
                                quarter as reported by the 
                                Federal Reserve in Publication 
                                H-15 (or its successor) for 
                                such 3-month period'.
                                  ``(II) Loans eligible for 
                                libor-based calculation.--The 
                                special allowance paid pursuant 
                                to this subsection shall be 
                                calculated as described in 
                                subclause (I) with respect to 
                                special allowance payments for 
                                the 3-month period ending 
                                December 31, 2009, and each 
                                succeeding 3-month period, on 
                                loans for which the first 
                                disbursement is made--
                                          ``(aa) on or after 
                                        the date of enactment 
                                        of the Student Aid and 
                                        Fiscal Responsibility 
                                        Act of 2009, and before 
                                        July 1, 2010; and
                                          ``(bb) on or after 
                                        January 1, 2000, and 
                                        before the date of 
                                        enactment of the 
                                        Student Aid and Fiscal 
                                        Responsibility Act of 
                                        2009, if, not later 
                                        than the last day of 
                                        the second full fiscal 
                                        quarter after the date 
                                        of enactment of such 
                                        Act, the holder of the 
                                        loan affirmatively and 
                                        permanently waives all 
                                        contractual, statutory 
                                        or other legal rights 
                                        to a special allowance 
                                        paid pursuant to this 
                                        subsection that is 
                                        calculated using the 
                                        formula in effect at 
                                        the time the loans were 
                                        first disbursed.
                                  ``(III) Terms of waiver.--A 
                                waiver pursuant to subclause 
                                (II)(bb) shall--
                                          ``(aa) be applicable 
                                        to all loans described 
                                        in such subclause that 
                                        are held under any 
                                        lender identification 
                                        number associated with 
                                        the holder (pursuant to 
                                        section 487B); and
                                          ``(bb) apply with 
                                        respect to all future 
                                        calculations of the 
                                        special allowance on 
                                        loans described in such 
                                        subclause that are held 
                                        on the date of such 
                                        waiver or that are 
                                        acquired by the holder 
                                        after such date.
                                  ``(IV) Participant's yield.--
                                For the calendar quarter 
                                beginning on October 1, 2009, 
                                and each subsequent calendar 
                                quarter, the Secretary's 
                                participant yield in any loan 
                                for which the first 
                                disbursement is made on or 
                                after January 1, 2000, and 
                                before October 1, 2009, and 
                                that is held by a lender that 
                                has sold any participation 
                                interest in such loan to the 
                                Secretary shall be determined 
                                by using the LIBOR-based rate 
                                described in subclause (I) as 
                                the substitute rate (for the 
                                commercial paper rate) referred 
                                to in the participation 
                                agreement between the Secretary 
                                and such lender.'';
  (b) Conforming Amendment.--Section 438(b)(2)(I) of the Higher 
Education Act of 1965 (20 U.S.C. 1087-1(b)(2)(I)) is further 
amended--
          (1) in clause (i)(II), by striking ``such average 
        bond equivalent rate'' and inserting ``the rate 
        determined under subclause (I)''; and
          (2) in clause (v)(III) by striking ``(iv), and (vi)'' 
        and inserting ``(iv), (vi), and (vii)''.

SEC. 5. AUTHORIZATION AND APPROPRIATION OF FUNDS.

  Section 401A(e)(1)(E) of the Higher Education Act of 1965 
(U.S.C. 1070a-1(e)(1)(E)) is amended by striking 
``$1,010,000,000'' and inserting ``$250,000,000''.