[House Report 110-523]
[From the U.S. Government Publishing Office]
110th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 110-523
======================================================================
PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 4137) TO AMEND AND EXTEND
THE HIGHER EDUCATION ACT OF 1965, AND FOR OTHER PURPOSES
_______
February 6, 2008.--Referred to the House Calendar and ordered to be
printed
_______
Ms. Sutton, from the Committee on Rules, submitted the following
R E P O R T
[To accompany H. Res. 956]
The Committee on Rules, having had under consideration
House Resolution 956, 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. 4137, the
College Opportunity and Affordability Act of 2007, under a
structured rule. The rule provides one hour of general debate
equally divided and controlled by the chairman and ranking
minority member of the Committee on Education and Labor. The
rule waives all points of order against consideration of the
bill except clauses 9 and 10 of rule XXI. The rule 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 rule 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 rule makes in order only those amendments printed in
this report and the amendments en bloc. 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 rule also permits the chairman
of the Committee on Education and Labor or his designee to
offer amendments en bloc consisting of those amendments that
have been printed in this report and not earlier disposed of.
The rule provides one motion to recommit with or without
instructions. The rule provides that, notwithstanding the
operation of the previous question, the Chair may postpone
further consideration of the bill to a time designated by the
Speaker. The rule tables House Resolution 941.
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, requiring the results of
roll call votes in the 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. 425
Date: February 6, 2008.
Measure: H.R. 4137.
Motion by: Mr. Dreier.
Summary of motion: To grant a modified open rule.
Results: Defeated 3-8.
Vote by Members: McGovern--Nay; Hastings (FL)--Nay;
Matsui--Nay; Cardoza--Nay; Castor--Nay; Arcuri--Nay; Sutton--
Nay; Dreier--Yea; Diaz-Balart--Yea; Sessions--Yea; Slaughter--
Nay.
Rules Committee record vote No. 426
Date: February 6, 2008.
Measure: H.R. 4137.
Motion by: Mr. Dreier.
Summary of motion: To make in order and provide appropriate
waivers for an amendment by Rep. McKeon (CA), #44, which is a
Sense of Congress that the Secretary of Education shall monitor
the availability of student loans in light of the situation
with the financial markets.
Results: Defeated 3-8.
Vote by Members: McGovern--Nay; Hastings (FL)--Nay;
Matsui--Nay; Cardoza--Nay; Castor--Nay; Arcuri--Nay; Sutton--
Nay; Dreier--Yea; Diaz-Balart--Yea; Sessions--Yea; Slaughter--
Nay.
Rules Committee record vote No. 427
Date: February 6, 2008.
Measure: H.R. 4137.
Motion by: Mr. Dreier.
Summary of motion: To make in order and provide appropriate
waivers for an amendment by Rep. King, Steve (IA), #31, which
would require colleges and universities that use Affirmative
Action policies in admissions to fully disclose their admission
policies. Would compile this data and make it publicly
available.
Results: Defeated 3-8.
Vote by Members: McGovern--Nay; Hastings (FL)--Nay;
Matsui--Nay; Cardoza--Nay; Castor--Nay; Arcuri--Nay; Sutton--
Nay; Dreier--Yea; Diaz-Balart--Yea; Sessions--Yea; Slaughter--
Nay.
Rule Committee record vote No. 428
Date: February 6, 2008.
Measure: H.R. 4137.
Motion by: Mr. Dreier.
Summary of motion: To make in order and provide appropriate
waivers for an amendment by Rep. Souder (IN), #35, which would
state the sense of Congress that no college student should be
subject to discrimination on the basis of protected speech or
association.
Results: Defeated 3-8.
Vote by Members: McGovern--Nay; Hastings (FL)--Nay;
Matsui--Nay; Cardoza--Nay; Castor--Nay; Arcuri--Nay; Sutton--
Nay; Dreier--Yea; Diaz-Balart--Yea; Sessions--Yea; Slaughter--
Nay.
Rules Committee record vote No. 429
Date: February 6, 2008.
Measure: H.R. 4137.
Motion by: Mr. Diaz-Balart.
Summary of motion: To make in order and provide appropriate
waivers for an amendment by Rep. Kline (MN), #43, which
prohibits the disbursement of Higher Education Act funds by
contract or grant to any institution that partners with any
entity which discriminates or condones discrimination against
the military or military recruiting centers.
Results: Defeated 3-8.
Vote by Members: McGovern--Nay; Hastings (FL)--Nay;
Matsui--Nay; Cardoza--Nay; Castor--Nay; Arcuri--Nay; Sutton--
Nay; Dreier--Yea; Diaz-Balart--Yea; Sessions--Yea; Slaughter--
Nay.
Rules Committee record vote No. 430
Date: February 6, 2008.
Measure: H.R. 4137.
Motion by: Mr. Diaz-Balart.
Summary of motion: To make in order and provide appropriate
waivers for each of the following amendments separately
debatable for 10 minutes equally divided: an amendment by Rep.
Hoekstra (MI), #58, which provides that the Secretary shall
develop a student survey to determine employment or training
for students graduating from international education programs
funded by Title VI. The Secretary shall take job placement in
areas of national need into consideration when institutions
apply for Title VI grants. The Secretary shall release a
biennial report to Congress and the public that identifies the
areas of national need for expertise in foreign languages and
world regions. Finally, the Assistant Secretary will consult
with other agencies and departments to determine areas of
national need for expertise in foreign languages and world
regions; an amendment by Rep. Bishop, Rob (UT), #36, which
removes the maintenance of effort language in Title 1 of the
bill, and instead directs the Secretary to identify and
disseminate methods of cost containment; an amendment by Rep.
Shays (CT), #56, which expresses the sense of Congress that
Federal financial institutions and other entities utilize
authority to assist in ensuring the liquidity and the
availability of financing mechanisms for the purpose of
bringing stability to the student loan marketplace; and an
amendment by Rep. Davis, Lincoln (TN)/Myrick (NC), #61, which
would allow the Department of Education to give grants to
colleges and universities to establish pregnant and parenting
student services centers for pregnant students, parenting
students, prospective parenting students anticipating a birth
or adoption, and students who are placing or have placed a
child for adoption.
Results: Defeated 3-8.
Vote by Members: McGovern--Nay; Hastings (FL)--Nay;
Matsui--Nay; Cardoza--Nay; Castor--Nay; Arcuri--Nay; Sutton--
Nay; Dreier--Yea; Diaz-Balart--Yea; Sessions--Yea; Slaughter--
Nay.
SUMMARY OF AMENDMENTS MADE IN ORDER
(Summaries derived from information provided by sponsors.)
1. Miller, George (CA): The Manager's amendment makes
technical changes to the bill, as well as changes to the
provisions on college costs to a more consumer friendly
approach, while keeping the focus on accountability; a revision
to the definition of the state funds that count toward meeting
the State Maintenance of Effort requirement; a revised
technical amendment to Pell grant funding; modifications to the
Cohort Default Rate provisions to provide for a transition
period before the new sanctions are imposed and provide for
targeted technical assistance to schools in danger of losing
their federal student aid as a result of high Cohort Default
Rates; provisions to ensure that students are aware of lower-
cost federal student aid options before turning to more
expensive private loans and a means to help students avoid
potentially compromising their federal aid eligibility by
inadvertently relying on private student loans or borrowing
excess amounts of private student loans; and includes studies.
(20 minutes)
2. McKeon (CA): This amendment requires the National
Research Council to conduct a study of the regulations on
institutions of higher education. (10 minutes)
3. Kildee (MI): The amendment authorizes discretion
currently exercised by the Secretary of Education to reserve
for competitive grants to Tribally Controlled Colleges and
Universities for construction, maintenance, or renovation of
campus facilities a percentage of funds appropriated for Tribal
Colleges and Universities under Title III of the Higher
Education Act. (10 minutes)
4. Petri (WI): The amendment would require the existing
Education-Treasury Study Group to evaluate the feasibility of
an alternative market-based reform to the Federal Family
Education Loan Program. The recommended alternative should
reduce federal costs to taxpayers and use savings to increase
need-based grant aid to low-income students. (10 minutes)
5. Petri (WI): The amendment would extend the new audit and
reporting provisions applied only to the Direct Loan program to
the Federal Family Education Loan Program. (10 minutes)
6. Castle (DE): An amendment to require the Quality
Efficiency Task Forces to develop annual benchmarks for the top
5 percent of institutions in each institution category that
have the largest increase in their tuition and fees over the
most recent three year period in which data is available. The
amendment also requires those institutions not meeting the
benchmarks to provide the Secretary of Education a detailed
explanation of the reasons why the institution did not meet
such benchmarks. (10 minutes)
7. Davis, Danny (IL): An amendment to restore protections
to private student loan borrowers similar to those afforded
other unsecured debtors by allowing the discharge of private
student loans via bankruptcy. (10 minutes)
8. Davis, Susan (CA): This amendment will prevent interest
from accruing for active duty service members and qualifying
National Guard members for the duration of their activation up
to 60 months when serving in a combat zone. (10 minutes)
9. Sestak (PA): This amendment includes physical therapists
as an occupation defined as an area of national need to qualify
for student loan forgiveness under Sec. 428K of the Higher
Education Act. (10 minutes)
10. Sestak (PA): This legislation amends the articulation
agreement strategies that may be employed by states and
institutions of higher education to include management systems
regarding course equivalency, transfer of credit, and
articulation. (10 minutes)
11. Yarmuth (KY): Provides competitive Teach to Reach
grants to eligible partnerships to provide general education
teacher candidates with the knowledge and skills to effectively
instruct students with disabilities in their classrooms.
Eligible partnerships must include an institution of higher
education; a special education department within that
institution, and a high-need local education agency. (10
minutes)
12. Hastings (FL)/Sanchez, Linda (CA): The amendment
authorizes a nationwide pilot program through the Department of
Education to promote holistic community-centered partnerships
aimed at mitigating gang violence and reducing recidivism rates
among juvenile ex-offenders previously detained for gang-
related offenses. (10 minutes)
13. Welch (VT): Amendment would require annual reporting by
colleges and universities on how much of their endowment was
paid out each year for the purpose of containing college costs.
(10 minutes)
14. Lantos (CA)/Watt (NC): The amendment makes a technical
correction to the Graduate Assistance in Areas of National Need
(GAANN) program to clarify Congressional intent that a Masters
Degree level institution or program is eligible to be the lead
recipient of a grant under the GAANN program. (10 minutes)
15. Edwards (TX)/Boyda (KS): Prohibits a state from
charging members of the armed forces who are on active duty for
more than 30 days and whose domicile or permanent duty station
is in such state, and such members' dependents, more than the
in-state tuition for attending a public institution of higher
education (IHE) in that state. Provides that, even if such
members' permanent duty station is subsequently changed to a
location outside the state, they or their dependents must
continue to be charged no more than the in-state tuition if
they remain continuously emolled at such IHE in the state. (10
minutes)
16. Johnson, Eddie Bernice (TX)/Young, Don (AK): This
amendment expands Pell Grant eligibility to children who lost a
parent or guardian as a result of the conflicts in Iraq or
Afghanistan. These children will be eligible for the maximum
amount of Pell Grant assistance. (10 minutes)
17. Stupak (MI): Provides federal student loan relief to
borrowers who go into school administration in low-income
school districts. Applies to any borrower who has been employed
as a full-time school superintendent, principal, or other
administrator for five consecutive complete school years in a
school district in a low-income area. (10 minutes)
18. Doggett (TX): The amendment encourages the
prepopulation of FAFSA income and asset information, by
taxpayer consent, with tax data provided directly from the IRS
to the Department of Education, and allows the Secretary of
Education to provide for the use of second preceding tax year
information. (10 minutes)
19. Baird (WA): This amendment would direct the Secretary
of Education to conduct a study on the costs and benefits of
making student aid available to less than half-time students.
The Secretary would then make recommendations on how to best
design a demonstration loan program targeted for less than
half-time students. (10 minutes)
20. Inslee (WA): Ensures that competitive Sustainability
Planning Grants explicitly provide for ``greenhouse gas
emissions reductions'' to reduce the, threat of global warming
and adds an eligibility requirement to FIPSE to ensure that
institutions meet current energy efficiency standards.
Additionally, includes a sense of Congress that the Federal
Perkins Loan Program, which provides low-interest loans to help
needy students finance a degree in higher education, should
remain a campus-based aid program and to support increased
funds to provide more low-income students with options. (10
minutes)
21. Crowley (NY): The amendment would allow community
college students to have $10 forgiven from their student loans
for every hour they dedicate to mentoring an at-risk child. (10
minutes)
22. Cooper (TN): Increases the authorization level, from
$300 million to $500 million, for the 103 Historically Black
Colleges and Universities. Increases the authorization level,
from $100 million to $125 million, for the 18 Historically
Black Graduate Institutions. (10 minutes)
23. Ryan, Tim (OH)/Altmire (PA): Amendment creates a pilot
competitive grant program (available to no more than 10
colleges) to assist institutions of higher education in setting
up college textbook rental programs. (10 minutes)
24. Van Hollen (MD)/Castle (DE): This amendment authorizes
Teach for America at $20 million for FY09 and $25 million for
FY10. (10 minutes)
25. Gillibrand (NY): Institutions of Higher Education shall
adopt a statement of current policy concerning the working
relationship of campus security personnel with State and local
law enforcement agencies for the investigation of felonies or a
report of a missing student. (10 minutes)
26. Murphy, Patrick (PA)/Myrick (NC): The amendment would
help students and families plan financially for higher
education by requiring that colleges provide information about
the anticipated cost of a post-secondary degree. Institutions
would have the option of offering either a multi-year tuition
and fee schedule or a traditional, single-year tuition and fee
schedule with a nonbinding, multi-year estimate of a student's
net costs. (10 minutes)
27. Shuler (NC): To authorize a competitive grant program
through the Department of Education that would allow
institutions of higher education or consortia to create
longitudinal data systems to efficiently and accurately manage,
analyze, disaggregate, and use individual student data. The
amendment authorizes programs in no more than five states for a
period of three years. (10 minutes)
TEXT OF AMENDMENTS MADE IN ORDER
1. An Amendment To Be Offered by Representative George Miller of
California, or His Designee, Debatable for 20 Minutes
Page 12, after line 16, insert the following new paragraph
(and redesignate the succeeding paragraphs accordingly):
(1) in subsection (a)(1), by inserting before the
semicolon the following: ``, or persons who meet the
requirements of section 484(d)(3)'';
Page 15, line 2, strike ``and eligible'' and insert ``or
eligible''.
Page 17, line 23, strike ``1988))'' and insert ``1988)); as
updated by the Secretary from time to time and published in the
Federal Register,''.
Page 18, after line 3, insert the following new paragraph
(and redesignate the succeeding paragraphs accordingly):
``(19) Disconnected students.--The term `disconnected
students' means students who are--
``(A) homeless children and youths, as such
term is defined in section 725 of the McKinney-
Vento Homeless Assistance Act (42 U.S.C.
11434a);
``(B) orphans, in foster care, or wards of
the court, or who were in foster care or were
wards of the court until the students reached
the age of 16;
``(C) adjudicated or convicted juveniles, or
who were adjudicated juveniles until the
juveniles reached the upper age of juvenile
court jurisdiction, or who were convicted
juveniles who completed the sentence for the
juvenile conviction prior to reaching the age
of majority; or
``(D) pregnant or parenting youth.
Page 37, beginning on line 22, strike ``The Secretary'' and
insert ``Not later than 90 days after the Secretary receives
the information required under paragraph (2), the Secretary''.
Page 39, beginning on line 7, strike subsection (a) and
insert the following:
``(a) Maintenance of Effort Required.--A State shall
provide--
``(1) for public institutions of higher education in
such State for any academic year beginning on or after
July 1, 2008, an amount which is equal to or greater
than the average amount provided for non-capital and
non-direct research and development expenses or costs
by such State to such institutions of higher education
during the 5 most recent preceding academic years for
which satisfactory data are available; and
``(2) for private institutions of higher education in
such State for any academic year beginning on or after
July 1, 2008, an amount which is equal to or greater
than the average amount provided for student financial
aid for paying costs associated with postsecondary
education by such State to such institutions during the
5 most recent preceding academic years for which
satisfactory data are available.
Page 39, line 23, after ``precipitous'' insert ``and
unforeseen''.
Page 41, beginning on line 1, strike section 109 through page
54, line 24, and insert the following:
SEC. 109. TRANSPARENCY IN COLLEGE TUITION FOR CONSUMERS.
(a) Amendment to Title I.--Part C of title I (20 U.S.C. 1015)
is amended by adding after section 132 (as added by section 108
of this Act) the following new section:
``SEC. 133. TRANSPARENCY IN COLLEGE TUITION FOR CONSUMERS.
``(a) College Affordability and Transparency Lists.--
Effective July 1, 2011, the Secretary shall annually update and
make publicly available on the College Navigator website, in a
manner that is sortable by State, the following lists:
``(1) A list of the top 5 percent of the institutions
in each category (as defined by subsection (b)) that
have the highest tuition and fees.
``(2) A list of the top 5 percent of the institutions
in each such category that have the lowest tuition and
fees.
``(3) A list of the top 5 percent of the institutions
in each such category that have the largest increase,
expressed as a percentage change, in their tuition and
fees over the most recent three year period for which
satisfactory data is available.
``(b) Categories of Institutions.--The following categories
shall be used in compiling the information in subsection (a):
``(1) 4-year public institutions of higher education.
``(2) 4-year private, nonprofit institutions of
higher education.
``(3) 4-year private, for-profit institutions of
higher education.
``(4) 2-year public institutions of higher education.
``(5) 2-year private, nonprofit institutions of
higher education.
``(6) 2-year private, for-profit institutions of
higher education.
``(7) Less than 2-year public institutions of higher
education.
``(8) Less than 2-year private, nonprofit
institutions of higher education.
``(9) Less than 2-year private, for-profit
institutions of higher education.
``(10) All types of institutions described in
paragraphs (1) through (9).
``(c) Institution Reports.--If an institution of higher
education appears on the list described in subsection (a)(3),
the institution or a representative association designated by
the institution shall submit to the Secretary the following
information:
``(1) A description of the factors contributing to
the increase in the institution's tuition and fees,
including an identification of the major areas in the
institution's budget with the greatest cost increases.
``(2) If determinations of tuition and fee increases
are not within the exclusive control of the
institution, a description of the agency or
instrumentality of State government or other entity
that participates in such determinations, and the
authority exercised by such agency, instrumentality, or
entity.
``(d) Quality Efficiency Task Forces.--Each institution that
is required to submit information by subsection (c) shall
establish a quality-efficiency task force to--
``(1) review the operations of such institution;
``(2) analyze institutional operating costs in
comparison with such costs at other institutions within
the same category of institutions;
``(3) identify areas where, in comparison with other
institutions in such category, the institution operates
more expensively to produce a similar result;
``(4) conduct an in-depth analysis of such identified
areas for cost reduction opportunities; and
``(5) submit a report to the Secretary and the
institution on the results of the review and analysis
conducted under this subsection.
``(e) Information to the Public.--The Secretary shall compile
the information submitted under subsections (c) and (d) and
shall submit an annual report summarizing such information to
the authorizing committees and publish such report on the
College Navigator website.
``(f) Exemptions.--An institution shall not be placed on the
list required under subsection (a)(3) and shall not be subject
to the reporting in subsection (c) if, for the 3-year interval
described in subsection (a)(3) the institution meets the
following criteria:
``(1) With respect to the category of institutions
described in subsection (b) to which the institution
belongs, the computed price of the institution is in
the lowest quartile of institutions within such
category, as determined by the Secretary, during the
last year of such 3-year interval.
``(2) The dollar amount of the institution's increase
in its full price, as computed under subsection (a)(3),
is less than $500 for such 3-year interval.
``(g) State Higher Education Appropriations Chart.--The
Secretary shall annually report on the College Navigator
website, in charts for each State--
``(1) a comparison of--
``(A) the percentage change in State
appropriations per full-time equivalent student
in each public institution of higher education
in the State for each of the 5 most recent
preceding academic years; to
``(B) the percentage change in tuition and
fees for each public institution of higher
education in the State for each of the 5 most
recent preceding academic years; and
``(2) the total amount of need-based and merit-based
aid provided by the State to full-time equivalent
students attending an institution of higher education
in the State.
``(h) Availability of Net Price Information.--
``(1) Net price.--In this section, the term `net
price' means the average yearly tuition and fees
actually charged to a full-time undergraduate student
receiving student aid at an institution of higher
education, after deduction of any discounts and Federal
and State aid, and any other institutional aid, that
reduce the full price of tuition and fees at the
institution, as determined in accordance with
regulations prescribed by the Secretary.
``(2) Net price calculator.--
``(A) Development.--Not later than 1 year
after the date of enactment of the College
Opportunity and Affordability Act of 2007, the
Secretary shall, in consultation with
institutions of higher education, develop a net
price calculator to help students, families,
and consumers determine the net price of an
institution of higher education. The calculator
shall be developed in a manner that permits
students to determine an estimate of their
individual net price of attendance for an
institution.
``(B) Use of net price calculator by
institutions.--Not later than 3 years after the
date of enactment of the College Opportunity
and Affordability Act of 2007, each institution
of higher education that receives Federal funds
under this Act shall adopt and make available
for use on the institution's website the net
price calculator developed under subparagraph
(A) to help students, families, and other
consumers determine the net price of such
institution of higher education.
``(i) Postsecondary Education Price Indices.--Not later than
1 year after the date of enactment of the College Opportunity
and Affordability Act of 2007, the Bureau of Labor Statistics,
in consultation with the Commissioner of Education Statistics
and representatives of institutions of higher education, shall
develop, for inclusion in the higher education pricing summary
page required under subsection (j)(3), postsecondary education
price indices that accurately reflect the annual change in
tuition and fees for undergraduate students in the categories
of institutions described in subsection (b). Such indices shall
be updated annually. Prior to the completion of the
postsecondary education price indices, the Secretary is
authorized to use an alternative, comparable index or indices.
``(j) Consumer Cost Information.--
``(1) Information from institutions.--Not later than
1 year after the date of enactment of the College
Opportunity and Affordability Act of 2007, the
Secretary shall post on the College Navigator website
and make available to institutions of higher education,
students, families, and other consumers, in a consumer-
friendly manner, the following information about each
institution of higher education for the most recent
academic year for which the Secretary has available
data:
``(A) A statement of the institution's
mission and specialties.
``(B) Total number of undergraduate students
who applied, were admitted, and enrolled at the
institution.
``(C) Where applicable, reading, writing,
mathematics, and combined scores on the SAT or
ACT for the middle 50 percent range of the
institution's freshman class.
``(D) Enrollment of full-time, part-time, and
transfer students at the institution, at the
undergraduate and (where applicable) graduate
levels.
``(E) Percentage of male and female
undergraduate students enrolled at the
institution.
``(F) Percentage of enrolled undergraduate
students from the State in which the
institution is located, from other States, and
from other countries.
``(G) Percentage of enrolled undergraduate
students at the institution by race and ethnic
background.
``(H) Percentage of enrolled undergraduate
students at the institution registered with the
office of disability services (or equivalent
department) as students with disabilities.
``(I) Retention rates for full-time and part-
time first-time, first-year undergraduate
students enrolled at the institution.
``(J) Average time to degree or certificate
completion for first-time, first-year
undergraduate students enrolled at the
institution.
``(K) Percentage of enrolled undergraduate
students who graduate within 2 years (in the
case of 2-year institutions), and 4, 5, and 6
years (in the case of 2-year and 4-year
institutions), including by income category, as
defined in paragraph (4).
``(L) Number of students who obtained a
certificate or an associates, bachelors,
masters, or doctoral degree at the institution.
``(M) Undergraduate major areas of study with
the highest number of degrees awarded.
``(N) The student-faculty ratio, and number
of full-time, part-time, and adjunct faculty,
and graduate teaching and research assistants
with instructional responsibilities, at the
institution.
``(O) Percentage of faculty at the
institution with the highest degree in their
field.
``(P) Percentage change in total price in
tuition and fees and the net price for an
undergraduate at the institution in each of the
3 most recent preceding academic years.
``(Q) Total average annual cost of tuition
and fees, room and board, and books and other
related costs for an undergraduate student
enrolled at the institution, for--
``(i) full-time undergraduate
students living on campus;
``(ii) full-time undergraduate
students living off campus; and
``(iii) in the case of students
attending a public institution of
higher education, such costs for in-
State and out-of-State students living
on and off campus.
``(R) Average annual grant amount (including
Federal, State, and institutional aid) broken
down by income category as defined in paragraph
(4) for a student enrolled at the institution.
``(S) Average annual amount of Federal
student loans, and other loans provided through
the institution, to undergraduate students
enrolled at the institution.
``(T) Total annual grant aid available to
undergraduate students enrolled at the
institution, from the Federal Government, a
State, the institution, and other sources.
``(U) Percentage of undergraduate students
enrolled at the institution receiving Federal,
State, and institutional grants, student loans,
and any other type of student financial
assistance provided publicly or through the
institution, such as Federal work-study funds.
``(V) Number of students receiving Federal
Pell Grants at the institution.
``(W) Average net price of the institution
calculated for each income category, as defined
in paragraph (4), for each of the 3 most recent
preceding academic years.
``(X) Percentage of first-year undergraduate
students enrolled at the institution who live
on campus and off campus.
``(Y) The institution's cohort default rate,
as defined under section 435(m).
``(Z) Information on the policies of the
institution related to transfer of credit from
other institutions.
``(AA) Information on campus safety required
to be collected under section 485(f).
``(BB) Links to the appropriate sections of
the institution's website that provide
information on student activities offered by
the institution, such as intercollegiate
sports, student organizations, study abroad
opportunities, intramural and club sports,
specialized housing options, community service
opportunities, cultural and arts opportunities
on campus, religious and spiritual life on
campus, and lectures and outside learning
opportunities.
``(CC) Links to the appropriate sections of
the institution's website that provide
information on services offered by the
institution to students during and after
college, such as internship opportunities,
career and placement services, and preparation
for further education.
``(2) Data collection.--The Commissioner of Education
Statistics shall continue to redesign the relevant
parts of the Integrated Postsecondary Education Data
System to include additional data as required by this
subsection and to continue to improve the usefulness
and timeliness of data collected by such System in
order to inform consumers about institutions of higher
education.
``(3) Higher education pricing summary page.--The
Secretary shall make publicly available on an annual
basis, in a sortable and searchable electronic format
on the College Navigator website, a list of all
institutions of higher education participating in aid
programs under title IV of this Act that includes for
each such institution:
``(A) The undergraduate tuition and fees for
the upcoming academic year.
``(B) The average annual net price by income
category, as defined in paragraph (4), over the
3 most recent preceding academic years.
``(C) The average annual percentage change
and dollar change in such institution's tuition
and fees over the 3 most recent preceding
academic years.
``(D) The average annual percentage change
and dollar change in such institution's per
student instructional spending over the 3 most
recent preceding academic years.
``(E) The difference between the average
annual percentage change in such institution's
tuition and fees over the 3 most recent
preceding academic years and the postsecondary
education price indices, as defined in
subsection (i).
``(F) A link to the institution information
on the College Navigator website, as detailed
in paragraph (1).
``(4) Income categories.--
``(A) In general.--For purposes of reporting
the information required under this subsection
and compiling information for the net price
calculator, the following income categories
shall apply:
``(i) $0-35,000;
``(ii) $35,001-70,000;
``(iii) $70,001-105,000;
``(iv) $105,001-140,000; and
``(v) $140,000 and up.
``(B) Annual adjustment.--The Secretary shall
make available to all institutions of higher
education participating in an aid program under
title IV of this Act, on an annual basis, the
annual inflation adjustment for the income
categories set forth in subparagraph (A).
``(C) Impracticable reporting exemption.--An
institution that is required by this subsection
to report any information pertaining to
institutional aid by income category is not
required to report such information to the
extent that reporting such information by
income category is impractical or impossible
because information concerning income is not
collected from the recipients of such
institutional aid.
``(k) Student Aid Recipient Survey.--
``(1) Survey required.--The Secretary shall conduct a
survey of student aid recipients under title IV on a
regular cycle and State-by-State basis, but not less
than once every 4 years--
``(A) to identify the population of students
receiving Federal student aid;
``(B) to describe the income distribution and
other socioeconomic characteristics of
federally aided students;
``(C) to describe the combinations of aid
from State, Federal, and private sources
received by students from all income groups;
``(D) to describe the debt burden of
educational loan recipients and their capacity
to repay their education debts, and the impact
of such debt burden on career choices;
``(E) to describe the role played by the
price of postsecondary education in the
determination by students of what institution
to attend; and
``(F) to describe how the increased costs of
textbooks and other instructional materials
affects the costs of postsecondary education to
students.
``(2) Survey design.--The survey shall be
representative of full-time and part-time,
undergraduate, graduate, professional, and current and
former students in all types of institutions, and
designed and administered in consultation with the
Congress and the postsecondary education community.
``(3) Dissemination.--The Commissioner of Education
Statistics shall disseminate the information resulting
from the survey in both printed and electronic form.
``(l) Regulations.--The Secretary is authorized to issue such
regulations as may be necessary to carry out the provisions of
this section.''.
(b) Sense of Congress Regarding Consumer Information About
Institutions of Higher Education.--
(1) Findings.--Congress finds that--
(A) the diversity of the American higher
education systems allows each student to find
the right ``fit'' for his or her interests and
talents;
(B) while the variety of options available is
one of the great strengths of our system of
higher education, it can also be overwhelming
when students and their families begin a
college search;
(C) there is a massive amount of information
available about institutions of higher
education, but it is often difficult to
navigate or is scattered among several sources;
(D) the data collected and available is
comprehensive; however, there is a need to keep
consumer needs in mind in packaging the
information that already exists and presenting
the information in a simple, consumer-friendly
format;
(E) in particular, prospective students and
their families want a succinct overview of
common key information about institutions, with
easy access to more in-depth institution-
specific information about campus life and the
complete college experience; and
(F) a variety of efforts have been initiated
by colleges and universities and others to
provide web-based, consumer-friendly
information geared to prospective students and
their families.
(2) Sense of congress.--It is the sense of Congress
that institutions of higher education should
participate in efforts to provide concise, easily
accessible, on-line consumer information to prospective
students and families that is consistent across
institutions while permitting opportunities for more
in-depth exploration of specific institutions.
Page 59, line 1, after ``writing'' insert ``(which may
include electronic communications)''.
Page 59, line 9, after ``textbook'' insert ``in the preceding
10 years''.
Page 74, line 18, strike ``August 1 of each year'' and insert
``March 1 of each year, or such other date determined by the
Secretary,''.
Page 80, beginning on line 10, strike clause (i) and insert
the following:
``(i) Standard material, activities,
or programs on issues related to a
loan, default aversion, default
prevention, or financial literacy, such
as a brochure, a workshop, or training.
Page 81, line 4, strike ``Exit'' and insert ``Entrance and
exit''.
Page 81, line 6, strike ``exit'' and insert ``entrance and
exit''.
Page 81, after line 21, insert the following:
``(vi) State education grants,
scholarships, or financial aid funds
administered by or on behalf of a
State.
Page 88, line 11, strike ``$25,000'' and insert ``$27,500''.
Page 88, line 13, after ``Secretary may'' insert ``impose a
civil penalty in an amount of not more than $27,500, or''.
Page 97, line 21, insert before the semicolon the following:
``, and includes Migrant and Seasonal Head Start and American
Indian/Alaska Native Head Start''.
Page 97, line 24, after ``program'' insert ``(including a
program authorized under section 619 or part C of the
Individuals with Disabilities Education Act)''.
Page 110, line 25, strike ``or''; on page 111, line 14,
strike the period and insert ``; or'''; and after line 14
insert the following new subparagraph:
``(C) whose participants include current
teachers who seek ongoing professional
development in the subject matter knowledge in
which the teacher is assigned to teach; and
``(D) that requires the faculty of arts and
sciences of the partner institution to lead
collaborative seminars for such participants
for the purpose of--
``(i) improving student learning;
``(ii) enhancing the quality of
teaching and strengthening subject
matter mastery and the pedagogical
skills of current teachers through
continuing professional development;
and
``(iii) developing curriculum units,
based on the subject matter presented,
for use in the teachers' classrooms.
Page 120, line 10, after ``techniques'' insert ``and
strategies, consistent with the principles of universal design
for learning,''.
Page 120, line 16, after ``teaching skills'' insert ``,
including the ability to effectively teach higher-order
analytical, evaluative, problem-solving, and communications
skills,''.
Page 122, line 9, strike ``and''; on line 11, after the
semicolon insert ``and''; and after line 11, insert the
following:
``(cc) effectively
teach high-order
analytical, evaluative,
problem solving and
communications skills
appropriate for the
teacher's content or
specialty area;
Page 125, beginning on line 24, strike ``incentive, or merit
or performance-based pay.'' and insert ``or incentive pay,
based on their extra skills and responsibilities.''.
Page 127, line 10, after ``school'' insert ``teachers or''.
Page 127, line 12, after ``instruction for'' insert
``elementary or secondary school teachers or''.
Page 128, beginning on line 24, strike ``Modifying'' and all
that follows through page 129, line 2, and insert ``Where
feasible, attempt to place''.
Page 131, line 11, after ``based on'' insert ``, but is not
required to include all of, the''.
Page 131, line 12, strike ``teaching as'' and insert
``teaching, which may include''.
Page 134, strike lines 22 and 23 and insert the following:
``(C) Stipends; applications; agreements;
repayments.--
Page 135, line 3, after the period insert ``The stipend or
salary shall be provided for no longer than 1 year.''.
Page 135, strike line 4 and all that follows through line 20
and insert the following:
``(ii) Applications for stipends.--
Each teacher residency candidate
desiring a stipend or salary during the
period of residency shall submit an
application to the eligible partnership
at such time, and containing such
information and assurances, as the
eligible partnership may require.
``(iii) Agreements to serve.--Each
application submitted under clause (ii)
shall contain or be accompanied by an
agreement that the applicant will--
``(I) serve as a full-time
teacher for a total of not less
than 3 academic years after
successfully completing the
teaching residency program;
``(II) teach in a high-need
school served by the high-need
local educational agency in the
eligible partnership;
``(III) teach in a field
designated as high-need by the
eligible partnership;
``(IV) provide to the
eligible partnership a
certificate, from the chief
administrative officer of the
school at which the resident is
employed, of the employment
required in subclauses (I),
(II), and (III), at the
beginning of, and upon
completion of, each year or
partial year of service;
``(V) be a highly qualified
teacher, as defined in section
9101 of the Elementary and
Secondary Education Act of
1965, when the applicant begins
to fulfill the service
obligation under this clause;
and
``(VI) comply with the
requirements set by the
eligible partnership under
clause (iv) if the applicant is
unable or unwilling to complete
the service obligation required
by this clause.
``(iv) Repayments.--
``(I) In general.--An
eligible partnership carrying
out a teaching residency
program under this subsection
shall require a recipient of a
stipend or salary under this
subparagraph who does not
complete the service obligation
required by clause (iii) to
repay the stipend or salary to
the eligible partnership,
together with interest thereon
accruing from the date of the
stipend or salary award, and in
accordance with such other
terms and conditions specified
by the eligible partnership, as
necessary.
``(II) Other terms and
conditions.--Any other terms
and conditions specified by the
eligible partnership may
include reasonable provisions
for deferral of a teaching
resident's service obligation
required by clause (iii) on
grounds of health,
incapacitation, inability to
secure employment in a school
served by the eligible
partnership, or other
extraordinary circumstances.
``(III) Use of repayments.--
An eligible partnership shall
use any repayment received
under this clause to carry out
additional activities that are
consistent with the purposes of
this subsection.
Page 136, line 8, strike ``rural school districts'' and
insert ``rural local educational agencies (as such term is
defined in section 872 of this Act)''.
Page 138, line 15, strike ``designated by the Secretary''.
Page 144, line 25, after ``instruction'' insert ``, including
technology consistent with the principles of universal design
for learning,''.
Page 157, beginning on line 2, strike ``As a condition of
receiving assistance under title IV, each'' and insert
``Each''.
Page 157, line 12, strike ``Secretary'' and insert ``State
educational agency''.
Page 157, beginning on line 19, strike ``As a condition'' and
all that follows through ``title IV, each'' on line 20, and
insert ``Each''.
Page 158, line 11, before the period insert ``, as
applicable''.
Page 164, line 17, and page 165, line 3, strike ``develop
skills to enter'' and insert ``develop learning skills to
succeed in higher education and to enter''.
Page 165, line 2, after ``environments'' insert ``, including
environments consistent with the principles of universal design
for learning,''.
Page 165, line 19, insert ``or masters'' before ``degrees''.
Page 167, line 10, strike ``technology development'' and
insert ``development in the use of technology''.
Page 171, after line 5, insert the following new paragraph
(and redesignate the succeeding paragraph accordingly):
``(6) A description of how the project--
``(A) will incorporate State teacher
technology standards; and
``(B) will incorporate State student
technology standards.
Page 174, line 20, strike ``and''; page 175, line 2, strike
the period and insert a semicolon; and after line 2, insert the
following new paragraphs:
``(6) may be used to develop and apply virtual
classroom simulation and related technologies to
enhance recruitment, preparation, and retention for
high-need schools in the areas of mathematics, science,
foreign languages, special education, or teaching the
English language to students who are limited English
proficient; and
``(7) may be used to develop innovative teacher
preparation programs that emphasize the essential
components of reading instruction and other strategies
based on scientifically valid research and that address
early intervention strategies for students with reading
difficulty or language processing differences.
Page 177, line 10, strike ``and''; line 13, strike the period
and insert a semicolon; and after line 13, insert the following
new paragraphs:
``(12) develop associate's degree programs with an
emphasis on the essential components of reading
instruction to train educators such as pre-service
teachers, paraprofessionals, speech-language pathology
assistants, and tutors to teach students with reading
difficulties and students who learn to read differently
than their peers; and
``(13) develop licensure programs for early childhood
educators that emphasize the essential components of
reading instruction and other strategies based on
scientifically valid research, and that address
strategies for early screening and early intervention
for students with reading difficulty and who learn to
read differently than their peers.''.
Page 179, beginning on line 24, strike ``has the meaning''
and all that follows through line 25, and insert ``means a
publicly funded institution of higher education (as defined in
section 101) at which the highest degree awarded is
predominantly the associates degree.''.
Page 183, line 13, after ``teachers to'' insert ``serve in
low-performing schools and''.
Page 188, line 15, strike ``Achievement'' and insert
``Student learning''; and on lines 17 and 19, strike
``achievement'' and insert ``student learning''.
Page 189, line 3, insert after the period the following:
``Further, the peer review standards shall ensure that
reviewers have expertise in assessment systems, accountability,
and instruction.''.
Page 190, line 10, after ``childhood'' insert ``development
and''.
Page 190, strike lines 11 and 12, and redesignate the
succeeding subparagraphs accordingly.
Page 190, beginning on line 15, strike ``through age 5'' and
insert ``to school entry''.
Page 192, line 4, after ``supplemental initiative,'' insert
``the State Head Start collaboration director,''.
Page 222, line 2, strike ``by regulation''.
Page 234, beginning on line 5, strike section 308 and insert
the following:
SEC. 308. HISTORICALLY BLACK COLLEGE AND UNIVERSITY CAPITAL FINANCING.
(a) Definitions.--Section 342 (20 U.S.C. 1066a) is amended--
(1) in paragraph (5)(G), by inserting ``by an
accrediting agency or association recognized by the
Secretary of Education'' after ``agency or
association'';
(2) in paragraph (8)--
(A) is amended by striking ``the private''
and inserting ``any private''; and
(B) by inserting adding ``capital project''
after ``issuing taxable''; and
(3) by adding at the end the following new
paragraphs:
``(10) The term `eligible foundation' means a non-
profit foundation owned and sponsored by an eligible
institution, or an entity wholly owned by such a
foundation.
``(11) The term `borrower' means the eligible
institution or the eligible foundation that receives
funding pursuant to a loan.''.
(b) Federal Insurance for Bonds.--
(1) Responsibilities of designated bonding
authority.--Section 343(b) (20 U.S.C. 1066b(b)) is
amended--
(A) in paragraph (1), by striking ``2
percent'' and inserting ``1 percent'';
(B) in paragraph (3)(A), by inserting ``, not
to exceed 1 percent,'' after ``charge such
interest'';
(C) in paragraph (8)--
(i) by inserting ``for loans closed
before June 15, 2008,'' before
``establish an escrow account'';
(ii) in subparagraph (B)(ii), by
inserting ``within 90 days'' after
``loan proceeds'';
(D) by striking ``and'' at the end of
paragraph (10);
(E) by striking the period at the end of
paragraph (11) and inserting a semicolon; and
(F) by adding at the end the following new
paragraphs:
``(12) with respect to any such loan, provide that
any loan collateralization shall not exceed 100 percent
of the loan amount; and
``(13) for loans closed after, June 15, 2008,
establish a reserve account which shall be available to
the Secretary to pay principal and interest on the
bonds in the event of delinquency in loan repayment,
which reserve account shall consist of an origination
fee of 1 percent with respect to each loan.''.
(2) Forbearance; deferment.--Section 343 is further
amended by adding at the end the follow new
subsections:
``(f) Forbearance.--An insurance agreement under this
subsection shall contain provisions providing that, upon
request from the borrower and with the approval of the
Secretary in consultation with the Advisory Board, the
designated bond authority shall grant a borrower forbearance,
renewable at 12-month intervals, on terms agreed to in writing
by the parties to the loan with the approval of the Secretary,
and otherwise consistent with the regulations of the Secretary.
``(g) Deferment.--An insurance agreement under this
subsection shall contain provisions providing that, during
construction or renovation, the Designated Bond Authority shall
grant a borrower deferment, renewable at 12-month intervals, on
terms agreed to in writing by the parties to the loan with the
approval of the Secretary in consultation with the Advisory
Board, and otherwise consistent with the regulations of the
Secretary.''.
(c) Limitations on Federal Insurance for Bonds Issued by the
Designated Bonding Authority.--Section 344(a) (20 U.S.C.
1066c(a)) is amended--
(1) by striking ``$375,000,000'' and inserting
``$1,100,000,000'';
(2) by striking ``$250,000,000'' and inserting
``$733,333,333''; and
(3) by striking ``$125,000,000'' and inserting
``$366,666,666''.
(d) Authority of the Secretary.--Section 345(1) (20 U.S.C.
1066d(1)) is amended--
(1) by striking ``the Higher Education Amendments of
1992,'' and inserting ``the College Opportunity and
Affordability Act of 2007'';
(2) by striking ``and'' at the end of subparagraph
(A); and
(3) by inserting after subparagraph (B) the following
new subparagraphs:
``(C) specify up to 3 designated bonding
authorities to be authorized under this part;
and
``(D) provide for periodic review of
designated bonding authority authorizations no
less frequently than every 3 years;''.
(e) HBCU Capital Financing Advisory Board.--Section 347(b)(1)
(20 U.S.C. 1066f(b)(1)) is amended--
(1) by striking out ``9 members'' and inserting ``11
members'';
(2) in subparagraph (C), by striking ``two'' and
inserting ``three'';
(3) by adding at the end the following new
subparagraph:
``(G) The president of the Thurgood Marshall
Scholarship Fund.''.
Page 238, beginning on line 8, strike ``this subpart'' and
all that follows through ``including'' on line 9 and insert
``this subpart. Such plan shall include, if the Secretary
determines that it is practical, an objective measure of the
impact of such projects, such as''.
Page 238, after line 19, insert the following new
subparagraph (and redesignate the succeeding subparagraphs
accordingly):
(B) in subparagraph (C), by inserting before
the semicolon the following: ``, the Department
of Defense, or the National Science
Foundation'';
Page 248, beginning on line 12, strike subsection (d) and
insert the following:
(d) Technical Amendments to CCRAA.--Section 401(b)(9) is
amended--
(1) by amending subparagraph (D) to read as follows:
``(D) Program requirements and operations
otherwise unaffected.--Except as provided in
subparagraphs (B) and (C), nothing in this
paragraph shall be construed to alter the
requirements and operations of the Federal Pell
Grant Program as authorized under this section,
or authorize the imposition of additional
requirements or operations for the
determination and allocation of Federal Pell
Grants under this section.''; and
(2) by amending subparagraph (F) to read as follows:
``(F) Availability of funds.--The amounts
made available by subparagraph (A) for any
fiscal year shall be available beginning on
October 1 of that fiscal year, and shall remain
available through September 30 of the
succeeding fiscal year.''.
Page 254, line 10, insert ``and'' after the semicolon and
strike lines 11 through 14 and insert the following:
(ii) by amending subparagraph (A) to
read as follows:
``(A) to synchronize the awarding of grants
for programs under this chapter, the Secretary
may, under such terms as are consistent with
the purposes of this chapter, provide a one-
time, limited extension of the length of such
an award;''; and
Page 255, beginning on line 1, strike subparagraph (A) and
insert the following:
(A) in paragraph (2)--
(i) by striking ``(2) prior
experience.--In'' and inserting the
following:
``(2) Considerations.--(A) Prior experience.--In'';
(ii) by striking ``service delivery''
and inserting ``high quality service
delivery, as determined under
subsection (f),''; and
(iii) by adding at the end the
following new subparagraph:
``(B) Participant need.--In making grants under this
chapter, the Secretary shall consider the number,
percentages, and needs of eligible participants in the
area, college, or school or schools to be served to aid
such participants in preparing for, enrolling in, or
succeeding in college, as appropriate to the particular
program for which the eligible entity is applying.'';
Page 255, line 12, after ``foster care youth'' insert
``(including youth in foster care and youth who have left
foster care after reaching age 16)''.
Page 261, beginning on line 20, strike paragraph (5) and
insert the following:
``(5) Appeals.--(A) Upon a determination by the
Secretary not to accept an application, or upon a
determination by the Secretary through the peer review
process as specified in subsection (c)(4) not to fund
an application, for any program under this chapter, the
Secretary shall allow such applicant to appeal the
funding decision. An applicant may submit a written
request for reconsideration of the application, with
appropriate documentary evidence, to the Secretary.
``(B) For appeals regarding the awarding of points
for prior experience of high quality service delivery
or a decision not to read an application or any
mishandling of such application, a panel of three
Department employees appointed by the Secretary shall
review each request for reconsideration. The panel
shall review the request for the purpose of identifying
any technical errors or administrative problems with
the scoring of the application, the awarding of prior
experience points, or the handling of the application,
including any decision not to read an application. The
panel shall make its recommendations to the Secretary
in writing.
``(C) For appeals regarding scoring decisions by the
peer review panel, the Secretary shall refer the
application to a second peer review panel.
``(D) In each instance, after the Secretary or the
Secretary's designee considers the recommendations of
the panel and makes a final decision, the Secretary
shall notify each entity requesting reconsideration
under this paragraph regarding the status of their
appeal within 90 days after the date the applicant
submitted the appeal.'';
Page 264, after line 20, insert the following new subsection
(and redesignate the succeeding subsections accordingly):
(b) Talent Search.--Section 402B(b)(10) (20 U.S.C. 1070a-
12(b)(10)) is amended by inserting ``, groups of persons from
disadvantaged backgrounds that have particular lower
educational access or outcomes, or disconnected students''
after ``limited English proficiency''.
Page 264, line 25, strike ``and''; and on page 265, before
line 1, insert the following new paragraph (and redesignate the
succeeding paragraph accordingly):
(2) in subsection (b)(12), by inserting ``, groups of
persons from disadvantaged backgrounds that have
particular lower educational access or outcomes, or
disconnected students'' after ``limited English
proficiency''; and
Page 265, beginning on line 2, strike subsection (f) and
insert the following:
``(f) Absolute Priority Prohibited in Upward Bound Program.--
Upon enactment of this subsection and except as otherwise
expressly provided by amendment to this section, the Secretary
shall not continue implement or enforce the absolute priority
for Upward Bound Program published by the Department of
Education in the Federal Register on September 22, 2006 (71
Fed. Reg. 55447 et seq.). This subsection shall not be applied
retroactively. In implementing this subsection, the Department
shall allow the programs and participants chosen in the grant
cycle to which the priority applies to continue their grants
and participation without a further recompetition. The entities
shall not be required to apply the absolute priority conditions
or restrictions to future participants.''.
Page 265, after line 9, insert the following new subsection
(and redesignate the succeeding subsections accordingly):
(d) Student Support Services.--Section 402D(b)(10) (20 U.S.C.
1070a-14(b)(10)) is amended by inserting ``, groups of persons
from disadvantaged backgrounds that have particular lower
educational access or outcomes, or disconnected students''
after ``limited English proficiency''.
Page 265, after line 14, insert the following new subsections
(and redesignate the succeeding subsection accordingly):
(f) Educational Opportunity Centers.--Section 402F(b)(10) (20
U.S.C. 1070a-16(b)(10)) is amended by inserting ``, groups of
persons from disadvantaged backgrounds that have particular
lower educational access or outcomes, or disconnected
students'' after ``limited English proficiency''.
(g) Staff Development Activities.--Section 402G(b) (20 U.S.C.
1070a-17(b)) is amended by adding at the end the following new
paragraph:
``(5) Strategies for recruiting and serving hard-to-
reach populations, including students of limited
English proficiency, groups of persons from
disadvantaged backgrounds that have particular lower
educational access or outcomes, disconnected students,
and students with disabilities.''.
Page 272, beginning on line 8, strike clauses (iv) and (v)
and insert the following:
(iv) in paragraph (3), by inserting
``eligible'' before ``for assistance'',
and by striking the period and
inserting ``; or''; and
(v) by adding at the end the
following new paragraph:
``(4) a disconnected student.''.
Page 276, strike lines 1 through 13 and insert the following:
(f) Scholarship Component.--Section 404E(b)(2) (20 U.S.C.
1070a-25) is amended by striking ``the maximum Federal Pell
Grant'' and inserting ``the minimum Federal Pell Grant''.
Page 276, line 23, strike ``subpart 1'' and insert ``subpart
2''.
Page 283, beginning on line 16, strike ``and include'' and
all that follows through ``this title'' on line 21.
Page 289, beginning on line 11, strike ``(less any'' and all
that follows through ``by the student)'' on line 15.
Page 290, beginning on line 8, strike ``(less any'' and all
that follows through ``by the student)'' on line 11.
Page 290, beginning on line 22, strike ``(less any'' and all
that follows through ``by the student)'' on line 25.
Page 301, beginning on line 25, strike paragraph (6) through
page 302, line 6, and insert the following:
(6) by inserting after subsection (f) the following:
``(g) Reservation and Allocation of Funds.--From the amounts
made available under subsection (i), the Secretary--
``(1) may reserve not more than a total of \1/2\ of 1
percent for outreach activities, technical assistance,
and professional development programs relating to the
programs under subsection (a); and
``(2) shall, in awarding grants from the remainder of
such amounts--
``(A) make available not less than 45 percent
of such remainder for the high school
equivalency programs and not less than 45
percent of such remainder for the college
assistance migrant programs;
``(B) award the rest of such remainder for
either high school equivalency programs or
college assistance migrant programs based on
the number, quality, and promise of the
applications; and
``(C) consider the need to provide an
equitable geographic distribution of such
grants.'';
Page 302, beginning on line 22, strike paragraph (8) through
page 303, line 8, and insert the following:
(8) by striking subsection (i) (as redesignated by
paragraph (5)) and inserting the following:
``(i) Authorization of Appropriations.--For the purpose of
making grants and contracts under this section, there are
authorized to be appropriated $75,000,000 for fiscal year 2009
and such sums as may be necessary for the each of the 4
succeeding fiscal years.''.
Page 305, line 6, strike ``social psychology or''.
Page 306, strike lines 19 through 22.
Page 311, line 13, after ``service'' insert ``in a full-time
position related to the field in which the student obtained his
or her undergraduate degree,''; and after ``following'' insert
``the later of--''.
Page 311, strike lines 14 and 15, and before line 16, insert
the following:
``(A) the completion of the student's
undergraduate degree program; or
``(B) the completion of a graduate degree
program in a field related to the field in
which the student obtained his or her
undergraduate degree.
Page 323, after line 3, insert the following new subsection:
``(g) Report on Best Practices.--Within one year after the
date of enactment of this section, the Secretary shall--
``(1) conduct a study to identify the best practices
to strengthen the role of institutions that receive
funding under title III or title V in increasing
America's critical foreign language education efforts;
and
``(2) submit a report on the results of such study to
the authorizing committees.
Page 323, before line 4, insert the following new section
(and redesignate the succeeding section accordingly):
``SEC. 419D. ADJUNCT TEACHER CORPS.
``(a) Purpose.--The purpose of this section is to create
opportunities for individuals with subject matter expertise in
mathematics, science, and critical foreign languages to provide
such subject matter expertise to secondary school students on
an adjunct basis.
``(b) Program Authorized.--The Secretary is authorized to
award grants to eligible entities to identify, recruit, and
train individuals with subject matter expertise in mathematics,
science, and critical foreign languages to serve as adjunct
content specialists.
``(c) Duration of Grants.--The Secretary may award grants
under this section for a period of not more than 5 years.
``(d) Eligible Entity.--For the purpose of this section, an
eligible entity is--
``(1) a local educational agency; or
``(2) a partnership consisting of a local educational
agency, serving as a fiscal agent, and a public or
private educational organization or business.
``(e) Uses of Funds.--An eligible entity that receives a
grant under this section is authorized to use such grant to
carry out one or both of the following activities:
``(1) To develop the capacity of the eligible entity
to identify, recruit, and train individuals with
subject matter expertise in mathematics, science, and
critical foreign languages who are not employed in the
elementary and secondary education system (including
individuals in business and government, and individuals
who would participate through distance-learning
arrangements) to become adjunct content specialists.
``(2) To provide pre-service training and on-going
professional development to adjunct content
specialists.
``(f) Applications.--
``(1) Application required.--To be considered for a
grant under this section, an eligible entity shall
submit an application to the Secretary at such time, in
such manner, and containing such information as the
Secretary requires.
``(2) Contents.--Such application shall include a
description of--
``(A) the need for, and expected benefits of
using, adjunct content specialists in the
schools of the local educational agency, which
may include information on the difficulty the
local educational agency faces in recruiting
qualified faculty in mathematics, science, and
critical foreign language courses;
``(B) measurable objectives for the
activities supported by the grant, including
the number of adjunct content specialists the
eligible entity intends to place in schools and
classrooms, and the gains in academic
achievement expected as a result of the
addition of such specialists;
``(C) how the eligible entity will establish
criteria for and recruit the most qualified
individuals and public or private organizations
and businesses to participate in the activities
supported by the grant;
``(D) how the eligible entity will provide
pre-service training and on-going professional
development to adjunct content specialists to
ensure that such specialists have the capacity
to serve effectively;
``(E) how the eligible entity will use funds
received under this section, including how the
eligible entity will evaluate the success of
the activities supported by the grant;
``(F) how the eligible entity will support
and continue the activities supported by the
grant after the grant has expired, including
how such entity will seek support from other
sources, such as State and local government and
the private sector; and
``(G) an assurance that the use of adjunct
content specialists will not result in the
displacement or transfer of currently employed
teachers nor a reduction in the number of
overall teachers in the district.
``(g) Priorities.--In awarding grants under this section, the
Secretary shall give priority to eligible entities that
demonstrate in the application for such a grant a plan to--
``(1) serve the schools of the local educational
agency that have a large number or percentage of
students performing below grade level in mathematics,
science, or critical foreign language courses;
``(2) serve local educational agencies that have a
large number or percentage of students from families
with incomes below the poverty line (as such term is
defined in section 200); and
``(3) recruit and train individuals to serve as
adjunct content specialists in schools that have an
insufficient number of teachers in mathematics,
science, or critical foreign languages.
``(h) Matching Requirement.--Each eligible entity that
receives a grant under this section shall provide, from non-
Federal sources, an amount equal to 100 percent of the amount
of such grant (in cash or in kind) to carry out the activities
supported by such grant.
``(i) Performance Report.--Each eligible entity receiving a
grant under this section shall prepare and submit to the
Secretary a final report on the results of the activities
supported by such grant, which shall contain such information
as the Secretary may require, including any improvements in
student academic achievement as a result of the use of adjunct
content specialists.
``(j) Evaluation.--The Secretary shall evaluate the
activities supported by grants under this section, including
the impact of such activities on student academic achievement,
and shall report the results of such evaluation to the
authorizing committees.
``(k) Definition.--In this section the term `adjunct content
specialist' means an individual who--
``(1) meets the requirements of section
9101(23)(B)(ii) of the Elementary and Secondary
Education Act of 1965;
``(2) has demonstrated expertise in mathematics,
science, or a critical foreign language, as determined
by the local educational agency; and
``(3) may not be the primary provider of
instructional services to a student unless the adjunct
content specialist is under the direct supervision of a
teacher who meets the requirements of Section 9101(23)
of such Act.''.
Page 323, after line 25, insert the following new subsection
(and redesignate the succeeding subsection accordingly):
(e) Reporting Requirements.--Section 419N(e) is amended--
(1) in paragraph (1)(A), by striking ``18 months,''
and all that follows through the end thereof and
inserting ``annually.''; and
(2) in paragraph (2)--
(A) by striking ``the third annual grant
payment'' and inserting ``continuation
awards''; and
(B) by striking ``the 18-month report'' and
inserting ``the reports''.
Page 324, line 23, strike ``and'' and after such line insert
the following new paragraph (and redesignate the succeeding
paragraph accordingly):
(3) in section 420N--
(A) in subsection (b)--
(i) in paragraph (1)(E), by striking
``and'' after the semicolon;
(ii) in paragraph (2), by striking
the period at the end and inserting ``;
and''; and
(iii) by adding at the end the
following new paragraph:
``(3) contains, or is accompanied by, a plain-
language disclosure form developed by the Secretary
that clearly describes the nature of the TEACH Grant
award, the service obligation, and the loan repayment
requirements that are the consequence of the failure to
complete the service obligation.''; and
(B) by adding a the end the following new
subsection:
``(d) Additional Administrative Provisions.--
``(1) Change of high-need designation.--In the event
that a recipient of an initial grant under this subpart
has acquired an academic degree, or expertise, in a
field that was, at the time of the recipient's
application for that grant, designated as high-need in
accordance with subsection (b)(1)(C)(vii), but is no
longer so designated, the grant recipient may fulfill
the service obligation described in subsection (b)(1)
by teaching in that field.
``(2) Extenuating circumstances.--The Secretary shall
establish, by regulation, categories of extenuating
circumstances under which a recipient of a grant under
this subpart who is unable to fulfill all or part of
his or her service obligation may be excused from
fulfilling that portion of the service obligation.'';
and
Page 325, beginning on line 4, strike ``Such evaluation
shall'' and all that follows through line 18 and insert close
quotations marks and a period.
Page 326, line 21, after ``this title'' insert ``, as
determined by the Secretary,''.
Page 327, beginning on line 1, strike subparagraph (B) and
insert the following:
``(B) An institution and any third party
servicer obtaining access to information under
subparagraph (A), including any subcontractor
obtaining access to information under
subparagraph (C)(iii), shall safeguard that
information--
``(i) as required by any law
applicable to the institution, third
party servicer, or subcontractor; and
``(ii) at least to the same extent
that the disclosing financial
institution is required to safeguard
its customer information under sections
501 and 505(b) of the Gramm-Leach-
Bliley Act (15 U.S.C. 6801, 6805(b)).
Page 327, line 16, after ``the borrower'' insert ``, a
subcontractor of the third party servicer for purposes of skip
tracing,''.
Page 327, line 23, strike the close quotation marks and the
following period; and after line 23, insert the following:
``(D) Any requirement under subparagraph (A)
to provide student loan information shall be
considered an applicable legal requirement for
the purposes of section 502(e)(8) of the Gramm-
Leach-Bliley Act (15 U.S.C. 6802(e)(8)).
``(E) Any subcontractor obtaining access to
information under subparagraph (C)(iii) shall
meet the same restrictions that apply to third
party servicers under subparagraph (C).''.
Page 328, before line 1, insert the following new sections
(and redesignate the succeeding sections accordingly):
SEC. 424. VOLUNTARY FLEXIBLE AGREEMENTS..
Section 428A(a) (20 U.S.C. 1078-1(a)) is amended by adding at
the end the following new paragraph:
``(3) Report required.--The Secretary, in
consultation with the guaranty agencies participating
under voluntary flexible agreements, shall report on an
annual basis to the authorizing committees regarding
the program outcomes that the voluntary flexible
agreements have had with respect to program integrity,
program and cost efficiencies, delinquency prevention,
default aversion, and consumer education programs
described in section 433A, and the availability and
delivery of student financial aid. Such report shall
include--
``(A) a description of each voluntary
flexible agreement and the performance goals
established by the Secretary for each
agreement;
``(B) a list of participating guaranty
agencies and the specific statutory or
regulatory waivers provided to each guaranty
agency and any waivers provided to other
guaranty agencies under paragraph (2);
``(C) a description of the standards by which
each agency's performance under the agency's
voluntary flexible agreement was assessed and
the degree to which each agency achieved the
performance standards;
``(D) an analysis of the fees paid by the
Secretary, and the costs and efficiencies
achieved under each voluntary flexible
agreement; and
``(E) an identification of promising
practices for program improvement that could be
replicated by other guaranty agencies.''.
SEC. 425. GRACE PERIOD FOR GRADUATE AND PROFESSIONAL STUDENT PLUS
LOANS.
(a) Amendment.--Section 428B(d) (20 U.S.C. 1078-2(d)) is
amended by amending paragraphs (1) and (2) to read as follows:
``(1) Commencement of repayment.--Repayment of
principal on loans made under this section shall--
``(A) commence not later than--
``(i) in the case of a parent
borrower, 60 days after the date such
loan is disbursed by the lender; and
``(ii) in the case of a graduate or
professional student borrower, commence
at the beginning of a repayment period
that begins the day after 6 months
after the date the student ceases to
carry at least one-half the normal
full-time academic workload (as
determined by the institution); and
``(B) be subject to deferral during any
period during which the graduate or
professional student or the parent meets the
conditions required for a deferral under
section 427(a)(2)(C) or 428(b)(1)(M).
``(2) Capitalization of interest.--
``(A) In general.--Interest on loans made
under this section--
``(i) which accrues prior to the
beginning of repayment under paragraph
(1)(A)(i), shall be added to the
principal amount of the loan; and
``(ii) which accrues during a period
in which payments of principal are
deferred pursuant to paragraph (1)(B)
shall, if agreed upon by the borrower
and the lender--
``(I)(aa) be paid monthly or
quarterly; or
``(bb) be added to the
principal amount of the loan
not more frequently than
quarterly by the lender.
``(B) Insurable limits.--Capitalization of
interest under this paragraph shall not be
deemed to exceed the annual insurable limit on
account of the borrower.''.
(b) Conforming Amendment.--Section 428(b)(7)(C) (20 U.S.C.
1078(b)(7)(C)) is amended by striking ``, 428B,''.
(c) Effective Date.--The amendments made by this section
shall be effective for loans issued on or after July 1, 2008.
Page 329, after line 4 insert the following new sections (and
redesignate the succeeding sections accordingly):
SEC. 427. EXTENSION OF CONSOLIDATION LOAN AUTHORITY.
Section 428C(e) (20 U.S.C. 1078-3(c)) is amended by striking
``2012'' and inserting ``2013.''
SEC. 428. REQUIREMENTS FOR DISBURSEMENT OF STUDENT LOANS.
(a) Special Rule.--Section 428G(a) (20 U.S.C. 1078-7(a)) is
amended by adding at the end the following new paragraph:
``(4) Amendment to special rule.--Beginning on
October 1, 2011, the special rule under paragraph (3)
shall be applied by substituting `15 percent' for `10
percent'.''.
(b) Requirements for Disbursements to First Year Students.--
Section 428G(b) (20 U.S.C. 1078-7(b)) is amended by adding at
the end the following new paragraph:
``(3) Amendment to cohort default rate exemption.--
Beginning on October 1, 2011, the exemption to the
requirements of paragraph (1) in the second sentence of
such paragraph shall be applied by substituting `15
percent' for `10 percent'.''.
Page 332, line 22, after ``pathologists'' insert ``and
audiologists''; and line 23, after ``pathologist'' insert ``or
audiologist''.
Page 333, line 2, insert ``, audiology'' before the comma.
Page 335, after line 14, insert the following new paragraphs:
``(14) Dentists.--An individual who--
``(A) has received his or her degree from an
accredited dental school (as accredited by the
Commission on Dental Accreditation) and has
completed residency training in pediatric
dentistry, general dentistry, or dental public
health; or
``(B) is employed as a member of the faculty
at a program or school accredited by the
Commission on Dental Accreditation.
``(15) STEM employees.--An individual who is employed
in engineering, technology, applied sciences, or
mathematics.
Page 336, after line 18, insert the following new paragraph
(and redesignate the succeeding paragraphs accordingly):
``(1) Audiologist.--The term `audiologist' means an
individual who--
``(A) has received, at a minimum, a graduate
degree in audiology from an institution of
higher education accredited by an agency or
association recognized by the Secretary
pursuant to section 496(a) of this Act; and
``(B) provides audiology services under
subsection (ll)(2) of section 1861 of the
Social Security Act (42 U.S.C. 1395x(ll)(2)),
or meets or exceeds the qualifications for a
qualified audiologist under subsection (ll)(4)
of such section (42 U.S.C. 1395x(ll)(4)).
Page 348, beginning on line 5, strike subsection (c) and
insert the following:
``(c) Rule of Construction.--Nothing in this section shall be
construed to prohibit--
``(1) a guaranty agency from using activities,
programs, and materials existing on the date of
enactment of this section in meeting the requirements
of this section; or
``(2) a lender or loan servicer from providing
outreach or financial aid literacy information in
accordance with subsection (b).''.
Page 348, after line 8, insert the following new section (and
redesignate the succeeding sections accordingly):
SEC. 433. DEFINITION OF ELIGIBLE INSTITUTION: PARTICIPATION RATE INDEX.
(a) Amendments.--Section 435(a) (20 U.S.C. 1085(a)) is
amended--
(1) in paragraph (2)--
(A) in subparagraph (A)(ii), by striking
``paragraph (4)'' and inserting ``paragraph
(5)''; and
(B) in subparagraph (B)--
(i) by striking ``and'' at the end of
clause (ii); and
(ii) by striking clause (iii) and
inserting the following new clauses:
``(iii) 25 percent for fiscal year
1994 through fiscal year 2011; and
``(iv) 30 percent for fiscal year
2012 and any succeeding fiscal year.'';
(2) by redesignating paragraph (6) as paragraph (8),
and redesignating paragraphs (3) through (5) as
paragraphs (4) through (6), respectively;
(3) by inserting after paragraph (2) the following
new paragraph:
``(3) Appeals for regulatory relief.--An institution
whose cohort default rate, calculated in accordance
with subsection (m), is equal to or greater than the
threshold percentage specified in paragraph (2)(B)(iv)
of this subsection, for two consecutive fiscal years
may, within 30 days of receiving notification from the
Secretary, file an appeal demonstrating exceptional
mitigating circumstances, as defined in paragraph (5).
The Secretary shall issue a decision on any such appeal
within 45 days after its submission. If the Secretary
determines that the institution demonstrates
exceptional mitigating circumstances, the Secretary
shall not subject the institution to provisional
certification based solely on the institution's cohort
default rate.'';
(4) in paragraph (5)(A) (as redesignated by paragraph
(2) of this subsection), by striking ``For the purposes
of paragraph (2)(A)(ii)'' and all that follows through
``following criteria:'', and inserting ``For purposes
of this subsection, an institution of higher education
shall be treated as having exceptional mitigating
circumstances that make application of paragraph (2)
inequitable, and that provide for regulatory relief
under paragraph (3), if such institution, in the
opinion of an independent auditor, meets the following
criteria:'';
(5) by inserting after paragraph (6) (as redesignated
by paragraph (2) of this subsection) the following new
paragraph:
``(7) Default prevention and assessment of
eligibility based on high default rates.--
``(A) First year.--(i) An institution whose
cohort default rate is equal to or greater than
the threshold percentage specified in paragraph
(2)(B)(iv) in any fiscal year shall establish a
default prevention task force to prepare a plan
to--
``(I) identify the factors
causing the institution's
cohort default rate to exceed
such threshold;
``(II) establish measurable
objectives to improve the
institution's cohort default
rate; and
``(III) specify actions that
the institution can take to
improve student loan repayment,
including enhanced use of
professional judgment and
discretion of student financial
aid administrators.
``(ii) Each institution subject to this
subparagraph shall submit the plan under clause
(i) to the Secretary, who shall review the plan
and offer technical assistance to the
institution to promote improved student loan
repayment.
``(B) Second consecutive year.--(i) An
institution whose cohort default rate is equal
to or greater than the threshold percentage
specified in paragraph (2)(B)(iv) for two
consecutive fiscal years shall require the
institution's default prevention task force
established under subparagraph (A) to review
and revise the plan required under such
subparagraph, and shall submit such revised
plan to the Secretary.
``(ii) The Secretary shall review each
revised plan submitted in accordance with this
subparagraph, and may direct that such a plan
be amended to include actions, with measurable
objectives, that the Secretary determines,
based on available data and analyses of student
loan defaults, will promote student loan
repayment.
``(C) Cohort default rates published.--The
Secretary shall make available to the public on
the College Navigator web site the cohort
default rate and the plan of the default
prevention task force of each institution that
is subject to this paragraph.''; and
(6) in paragraph (8)(A) (as redesignated by paragraph
(2) of this subsection), by striking ``0.0375'' and
inserting ``0.0625''.
(b) Effective Date.--The amendment made by subsection (a)(6)
is effective for fiscal years beginning on or after October 1,
2011.
Page 348, line 22, strike ``beginning of the third'' and
insert ``end of the second''.
Page 348, after line 23, insert the following new paragraph
(and redesignate the succeeding paragraphs accordingly):
(2) in paragraph (1)(B), by striking ``such fiscal
year'' and inserting ``such second fiscal year'';
Page 349, beginning on line 1, strike ``beginning of the
third'' and insert ``end of the second''.
Page 349, strike lines 4 through 10 and insert the following:
(3) in paragraph (2)(C)--
(A) by striking ``end of such following
fiscal year is not considered as in default for
the purposes of this subsection'' and inserting
``end of the second fiscal year following the
year in which the loan entered repayment is not
considered as in default for purposes of this
subsection''; and
(B) by striking ``such fiscal year'' and
inserting ``such second fiscal year''; and
Page 349, line 21, strike ``cohort default data'' and insert
``cohort default rate''.
Page 348, line 19, insert ``(a) Amendments.--'' before
``Section 435(m)''; and on page 350, after line 13, insert the
following new subsection:
(b) Effective Date and Transition.--
(1) Effective date.--The amendments made by
subsection (a) shall be effective for purposes of
calculating cohort default rates for fiscal year 2008
and succeeding fiscal years.
(2) Transition.--Notwithstanding paragraph (1), the
method of calculating cohort default rates under
section 435(m) of the Higher Education Act of 1965 as
in effect on the day before the date of enactment of
this Act shall continue in effect, and the rates so
calculated shall be the basis for any sanctions imposed
on institutions of higher education because of their
cohort default rates, until three consecutive years of
cohort default rates calculated in accordance with the
amendments made by subsection (a) are available.
Page 351, line 19, strike ``2752(d)(4)(D)'' and insert
``2752(c)(4)(D)''.
Page 351, after line 20, insert the following new
subsections:
(c) Grants for Federal Work-Study Programs.--Section 443 (42
U.S.C. 2753) is amended --
(1) in subsection (b)(2)(B), strike ``(as described
in subsection (d)), is'' insert the following: ``(as
described in subsection (d)), and not less than 1 civic
education and participation project (as described in
subsection (e)), are'';
(2) by adding at the end the following new
subsection:
``(e) Civic Education and Participation Activities.--
``(1) Use of funds.--In any academic year to which
subsection (b)(2)(B) applies, an institution shall
ensure that funds granted to such institution under
this section are used in accordance with such
subsection to compensate (including compensation for
time spent in training and travel directly related to
civic education and participation activities) students
employed in projects that--
``(A) teach civics in schools;
``(B) raise awareness of government functions
or resources; or
``(C) increase civic participation such as in
voting or running for elected office.
``(2) Priority for schools.--To the extent
practicable, an institution shall--
``(A) give priority to the employment of
students participating in projects that educate
or train the public about evacuation, emergency
response, and injury prevention strategies
relating to natural disasters, acts of
terrorism, and other emergency situations; and
``(B) ensure that any student compensated
with the funds described in paragraph (1)
receives appropriate training to carry out the
educational services required.
``(3) Federal share.--The Federal share of the
compensation of work-study students compensated under
this subsection may exceed 75 percent.''.
(d) Flexible Use of Funds.--Section 445 (42 U.S.C. 2755) is
amended by adding at the end the following new subsection:
``(d) Flexibility in the Event of a Major Disaster.--
``(1) In the event of a major disaster, an eligible
institution located in any area affected by such major
disaster, as determined by the Secretary, may make
payments under this part to disaster-affected students
as follows:
``(A) For any academic year during which a
major disaster occurs, such an eligible
institution may pay wages under this part to
disaster-affected students in an amount equal
to or less than the amount of wages such
students would have been paid under this part
had the students been able to complete the work
obligation necessary to receive work study
funds for such academic year.
``(B) Wages shall not be awarded to any
student who, for the academic year during which
a major disaster occurs, was not eligible for
work study or was not completing the work
obligation necessary to receive work study
funds under this part prior to the occurrence
of the major disaster.
``(C) Any wages awarded to disaster-affected
students under this subsection shall meet the
matching requirements outlined in section 443.
``(2) Definitions.--In this subsection:
``(A) The term `disaster-affected students'
means students enrolled at an eligible
institution who--
``(i) were receiving Federal work
study payments from such eligible
institution for an academic year prior
to the occurrence of a major disaster
during such academic year; and
``(ii) were prevented from fulfilling
their work-study obligations for such
academic year due to such major
disaster, as determined by the
Secretary.
``(B) The term `major disaster' has the
meaning given such term in section 102(2) of
the Robert T. Stafford Disaster Relief and
Emergency Assistance Act.''.
Page 367, after line 3, insert the following new subsection
(and redesignate the succeeding subsections accordingly):
(c) Treatment of Cooperative Education Work Income.--Section
480(e) (20 U.S.C. 1087vv(e)) is amended--
(1) by redesignating paragraphs (2) through (4) as
paragraphs (3) through (5), respectively; and
(2) by inserting after paragraph (1) the following
new paragraph:
``(2) any income earned from work under a cooperative
education program offered by an institution of higher
education;''.
Page 400, beginning on line 3, strike paragraphs (1) through
page 402, line 6, and insert the following (and redesignate the
succeeding paragraph accordingly):
``(1) In general.--Notwithstanding subsections (a),
(c), and (d), in order to receive any grant or work
assistance under section 401, subpart 3 of part A, and
part C of this title, a student with an intellectual
disability (as defined in section 768(2)) shall--
``(A) be enrolled or accepted for enrollment
in a comprehensive transition and postsecondary
education program for students with
intellectual disabilities at an institution of
higher education;
``(B) be maintaining satisfactory progress in
the program as determined by the institution,
in accordance with standards established by the
institution; and
``(C) meet the requirements of paragraphs
(3), (4), (5), and (6) of subsection (a).
``(2) Authority.--Notwithstanding any other provision
of law, unless enacted with specific reference to this
section, the Secretary is authorized to waive any
statutory provision applicable to the student financial
assistance programs under section 401, subpart 3 of
part A, or part C of this title, or any institutional
eligibility provisions of this title, as the Secretary
deems necessary to ensure that programs enrolling
students with intellectual disabilities otherwise
determined to be eligible under this subsection may
receive such financial assistance.
Page 402, line 7, strike ``rules'' and insert
``regulations''.
Page 405, strike lines 7 through 9 and insert the following:
(a) Disclosure of Policies.--Section 485(a) (20 U.S.C.
1092(a)) is amended--
Page 405, after line 9, insert the following new paragraph:
(1) in paragraph (1)--
(A) in subparagraph (G), by striking
``program, and'';
Page 405, beginning on line 10, redesignate paragraphs (1),
(2), and (3) as subparagraphs (B), (C), and (D), respectively,
and move the margins of such subparagraphs (as so redesignated)
to the right two ems spaces.
Page 405, strike line 13 and insert ``graph (O) and inserting
a semicolon; and''.
Page 405, line 15, strike ``paragraph'' and insert
``paragraphs''.
Page 406, line 12, strike the period, close quotation marks,
and following period and insert ``; and'', and after such line
insert the following new subparagraph:
``(Q) institutional policies regarding
meningoccal vaccinations which may include
offering the vaccinations through the
institution at a cost to the student.''; and
Page 406, before line 13, insert the following new paragraph:
(2) by amending paragraph (4) to read as follows:
``(4) For purposes of this section, institutions
may--
``(A) exclude from the information disclosed
in accordance with subparagraph (L) of
paragraph (1) the completion or graduation
rates of students who leave school to serve in
the Armed Forces, on official church missions,
or with a recognized foreign aid service of the
Federal Government; or
``(B) in cases in which the students
described in subparagraph (A) represent 20
percent or more of the certificate- or degree-
seeking, full-time, undergraduate students at
an institution, the institution may recalculate
the completion or graduation rates of such
students by excluding from the calculation
described in paragraph (3) the time period
during which such students were not enrolled
due to the service described in subparagraph
(A) of this paragraph.''.
Page 406, beginning on line 18, strike paragraph (2) through
page 407, line 23, and insert the following:
(2) in subparagraph (F)(ii), by inserting after
``through (VIII) of clause (I)'' the following: ``, and
for larceny-theft, simple assault, intimidation, and
destruction, damage, or vandalism of property,''.
Page 417, line 18, strike ``Each'' and insert the following:
``(1) Notice upon enrollment.--Each
Page 417, line 21, strike the close quotation marks and
following period, and after such line insert the following;
``(2) Notice after loss of eligibility.--Within two
weeks of notification by the Secretary that a student
has lost eligibility under section 484(r) for any
grant, loan, or work assistance, an institution of
higher education shall provide to each such student
affected by the penalties listed under 484(r)(1) a
separate, clear, and conspicuous written notice that
notifies the student of the loss of eligibility and
advises the student of the ways in which the student
can regain eligibility under section 484(r)(2).''.
Page 417, before line 22, insert the following new
subsection:
(e) Disclosure of Athletically Related Graduation Rates.--
Section 485(e)(3) (20 U.S.C. 1092(e)(3)) is amended to read as
follows:
``(3) For purposes of this subsection, institutions
may--
``(A) exclude from the reporting requirements
under paragraphs (1) and (2) the completion or
graduation rates of students and student
athletes who leave school to serve in the Armed
Forces, on official church missions, or with a
recognized foreign aid service of the Federal
Government; or
``(B) in cases in which the students
described in subparagraph (A) represent 20
percent or more of the certificate- or degree-
seeking, full-time, undergraduate students at
an institution, the institution may calculate
the completion or graduation rates of such
students by excluding from the calculations
described in paragraph (1) the time period
during which such students were not enrolled
due to the service described in subparagraph
(A) of this paragraph.''.
Page 418, line 4, strike ``requirements'' and insert
``established''.
Page 418, beginning on line 12, strike ``, and on the
application materials of such institutions''.
Page 418, line 18, insert ``and'' after the semicolon; strike
lines 19 through 21; and redesignate the succeeding
subparagraphs accordingly.
Page 419, beginning on line 4, strike ``limit the'' and all
that follows through line 5 and insert ``authorize the
Secretary to require particular policies, procedures, or
practices by institutions of higher education with respect to
articulation agreements.''.
Page 419, beginning on line 10, strike ``, including private
nonprofit and for-profit institutions''.
Page 420, line 24, after ``degree'' insert ``or program''.
Page 430, beginning on line 6, strike clause (i) and insert
the following new clauses (and redesignate the succeeding
clause accordingly):
``(i) in the case of loans made by an
institution, for each of the
institution's fiscal years 2009 through
2012, the principal amount of loans
made by the institution, based on the
expected interest earned less the
estimated amount to account for future
defaults and loan forgiveness accounted
for on an accrual basis, in accordance
with Generally Accepted Accounting
Principles and related standards and
guidance, if the loans are bona fide as
evidenced by enforceable promissory
notes, are issued at intervals related
to the institution's enrollment
periods, and are subject to regular
loan repayments and collections;
``(ii) in the case of loans made by
an institution, for the institution's
fiscal year 2013 and each of the
institution's subsequent fiscal years,
only the amount of loan repayments
received during the fiscal year; and
Page 435, after line 10, insert the following new subsection:
(f) Institutional Certifications for Private Educational
Loans.--Section 487(a) is further amended by adding at the end
the following new paragraph:
``(29)(A) The institution will--
``(i) upon the request of a private
educational lender, acting in
connection with an application
initiated by a consumer for a private
educational loan, provide certification
to such private educational lender--
``(I) that the student who
initiated the application for
the private educational loan,
or on whose behalf the
application was initiated, is
enrolled or is scheduled to
enroll at the institution;
``(II) of the student's cost
of attendance at the
institution as determined under
part F of this title; and
``(III) of the difference
between the cost of attendance
of the institution and the
student's estimated financial
assistance received under this
title and other assistance
known to the institution;
``(ii) disclose a borrower's ability
to select a private educational lender
of the borrower's choice; and
``(iii) inform students about the
impact of a proposed private
educational loan on the students'
potential eligibility for other
financial assistance, including Federal
financial assistance under this title.
``(B) For purposes of this paragraph, the terms
`private educational lender' and `private educational
loan' have the meanings given in section 140 of the
Truth in Lending Act (15 U.S.C. 1631 et seq.).''.
Page 437, after line 12, insert the following new section
(and redesignate the succeeding sections accordingly):
SEC. 492. TRANSFER OF ALLOTMENTS.
Section 488 (20 U.S.C. 1095) is amended by striking ``section
413D.'' and inserting ``section 413D or 462 (or both).''.
Page 443, line 2, after ``graph'' insert ``, nor shall the
agency or association be required to obtain the approval of the
Secretary to expand its scope of accreditation to include
distance education, provided that the agency or association
notifies the Secretary in writing of the change in scope''.
Page 443, after line 9, insert the following new subparagraph
(and redesignate the succeeding subparagraphs accordingly):
(B) in paragraph (5), by amending
subparagraph (A) to read as follows:
``(A) success with respect to student
achievement in relation the institution's
mission, which may include different standards
for different institutions or programs, as
established by the institution, including, as
appropriate, consideration of State licensing
examinations, consideration of course
completion, and job placement rates;'';
Page 447, after line 9, insert the following new subsection
(and redesignate the succeeding subsection accordingly):
(b) Rule of Construction.--Section 496 is further amended by
adding at the end the following new subsection:
``(p) Rule of Construction.--Nothing in subsection (a)(5) of
this section shall restrict the authority of--
``(1) an accrediting agency or association to set,
with the involvement of its members, and to apply
accreditation standards to institutions or programs
that seek review by the agency or association; or
``(2) an institution to develop and use institutional
standards to show its success with respect to student
achievement, which shall be considered as part of any
accreditation review.''.
Page 481, beginning on line 24, strike subsection (e) through
page 482, line 2, and redesignate the succeeding subsection
accordingly.
Page 492, line 14, strike ``subpart 5'' and insert ``subpart
6''; line 17, strike ``THROUGH 4'' and insert ``THROUGH 5'';
line 20, strike ``through 4'' and insert ``through 5''; and
line 23, strike ``or 4'' and insert ``4, or 5''.
Page 502, after line 23, insert the following new section
(and redesignate the succeeding sections accordingly):
SEC. 705. MASTERS DEGREES PROGRAMS AT HISTORICALLY BLACK COLLEGES AND
UNIVERSITIES AND OTHER MINORITY SERVING
INSTITUTIONS.
Part A of title VII (20 U.S.C. 1134) is further amended by
inserting after subpart 4 (as added by section 704 of this Act)
the following subpart:
``Subpart 5--Masters Degrees Programs at Historically Black Colleges
and Universities and Other Minority Serving Institutions
``SEC. 723. GRANTS TO ACADEMIC DEPARTMENTS AND PROGRAMS AT ELIGIBLE
INSTITUTIONS.
``(a) Grant Authority.--
``(1) In general.--From the amounts appropriated
under subsection (g), the Secretary shall make grants
to graduate academic departments, programs, and other
academic units at historically Black colleges and
universities and other minority-serving institutions
that provide qualified courses of study leading to a
degree in a qualified masters degree program described
in subsection (d)(1)(B). Such grants shall be used to
make fellowship awards to eligible students and may be
combined with matching grants from non-Federal sources
to strengthen qualified masters degree programs.
``(2) Additional grants.--From the amounts
appropriated under subsection (g), The Secretary may
also make grants to consortia and cooperative
arrangements among eligible institutions that submit
joint proposals, and have formal arrangements designed
to fulfill the purposes of this subpart.
``(b) Award and Duration of Grants.--
``(1) Awards.--The Secretary shall make awards to
institutions that are eligible under subsection (d) and
that submit an application to the Secretary in
accordance with subsection (c). Awards shall be based
on the following criteria:
``(A) The number of students enrolled in the
masters degree program.
``(B) The number of students who earned such
degrees in the previous year from the program
for which the eligible institution is seeking
funds.
``(C) The average cost of education per
student, for all full-time masters degree
students enrolled in the qualified masters
degree program.
``(D) The quality of the academic program at
the institution.
``(E) The quality of the application
submitted by the institution or consortium.
``(2) Duration and amount.--
``(A) Duration.--The Secretary shall award a
grant under this subpart for a period of 5
years, which may be renewed for an additional 5
years consistent with subsection (c).
``(B) Amount.--The Secretary shall award a
grant to an academic department, program, or
consortium at an eligible institution of higher
education under this subpart for a fiscal year
in an amount that is not less than $100,000,
and not greater than $750,000.
``(c) Application.--
``(1) Contents of applications.--An institution that
is eligible under subsection (d) that seeks a grant
under this subpart shall submit an application to the
Secretary at such time, in such manner, and accompanied
by such information as the Secretary may require. The
application shall include--
``(A) a description of the qualified masters
degree program or programs that the institution
intends to provide fellowship awards to,
including the number of student awards to be
made;
``(B) a budget describing the amount of the
fellowship awards to students for 2 successive
academic years, based on the academic progress
of such students and the cost of attendance at
the eligible institution, except that in no
instance shall a graduate student receive a
fellowship in excess of the award level
provided for such students by the National
Science Foundation;
``(C) a budget for stipends to students who
are awarded fellowships under this subpart in
order to encourage highly qualified students to
pursue graduate study for the purposes
described in this part; and
``(D) a description of activities to be
undertaken with institutional, private
foundation, or State matching funds that will
be used to contribute to the increased
production of minority masters degree
candidates.
``(2) Preference to continuing grant recipients.--
``(A) In general.--The Secretary shall make
initial grant awards consistent with the
criteria in subsection (b)(1), and shall renew
such awards if the grantee demonstrates success
in satisfying the criteria in subparagraphs (A)
and (B) of such subsection by increasing the
number of African Americans and other
minorities earning masters degrees at the
institution based on benchmarks established by
the Secretary.
``(B) Ratable reduction.--To the extent that
appropriations are insufficient to comply with
subparagraph (A) and subsection (b)(2)(B),
available funds shall be distributed by ratably
reducing the amounts required to be awarded
under subsection (b)(2)(B).
``(d) Institutional Eligibility.--
``(1) Qualified masters degree programs.--
``(A) In general.--To be eligible to apply
for a grant under this part, an applicant shall
be an academic department, program, or unit at
an institution of higher education that is
within the meaning of the term `part B
institution' as defined in section 322(2), that
offers a qualified masters degree program, and
that is specifically enumerated in paragraph
(2), or a consortium of such institutions.
``(B) Qualified masters degree program.--For
purposes of this subpart, the term `qualified
masters degree program' means a program of
study leading to a masters degree in the
physical or natural sciences, mathematics,
engineering, computer science, information
technology, nursing, allied health, or related
scientific or health field identified by the
Secretary.
``(C) Limitation.--No department, program, or
unit shall be eligible to apply unless the
qualified masters degree program has been in
existence and awarded such degrees for at least
four years.
``(2) Enumerated institutions.--For purposes of
paragraph (1)(A), the institutions enumerated in this
paragraph are--
``(A) Albany State University;
``(B) Alcorn State University;
``(C) Chicago State University;
``(D) Columbia Union College;
``(E) Coppin State University;
``(F) Elizabeth City State University;
``(G) Fayetteville State University;
``(H) Fisk University;
``(I) Fort Valley State University;
``(J) Grambling State University;
``(K) Kentucky State University;
``(L) Long Island University, Brooklyn
campus;
``(M) Mississippi Valley State University;
``(N) Robert Morris College;
``(O) Savannah State University;
``(P) South Carolina State University;
``(Q) University of Arkansas, Pine Bluff;
``(R) Virginia State University;
``(S) West Virginia Sate University;
``(T) Winston-Salem State University; and
``(U) York College, The City University of
New York.
``(3) Limitation.--No institution that is eligible
for and receives an award under section 326 for a
fiscal year shall be eligible to apply for, or receive
funds under this subpart for the same fiscal year.
``(e) Matching Funds Rule.--Each eligible institution or
consortium that receives an award under this subpart, may elect
to use up to 25 percent of the total grant to carry out
activities designed to strengthen its qualified masters degree
program. An institution that elects to use funds for
strengthening a qualified masters degree program shall provide
an equal amount for such purpose from institutional, private
foundation, or State sources. Matching funds must supplement,
not supplant, existing resources available at the time of the
Secretary's award.
``(f) Uses of Funds.--Funds made available under this section
shall be used in accordance with the application under
subsection (c).
``(g) Authorization of Appropriations.--There are authorized
to be appropriated $25,000,000 for fiscal year 2009 and such
sums as may be necessary for each of the 4 succeeding fiscal
years.''.
Page 510, strike lines 4 through 9 and insert ``shall be
$5,000.''.
Page 513, line 15, strike the close quotation marks and
following period, and after line 15 insert the following new
paragraph:
``(6) Establishment of centers to incorporate
education in quality and safety into the preparation of
medical and nursing students, through grants to medical
schools, nursing schools, and osteopathic schools. Such
grants shall be used to assist in providing courses of
instruction that specifically equip students to
understand the causes and remedies for medical error,
medically-induced patient injuries and complications,
and other defects in medical care; engage effectively
in personal and systemic efforts to continually reduce
medical harm; and improve patient care and outcomes, as
recommended by the Institute of Medicine.''.
Page 521, line 13, strike ``The Secretary'' and insert ``The
Office of Postsecondary Education''.
Page 522, line 10, strike ``disabilities,'' and insert
``disabilities and''; and on line 11, strike ``, and disability
support service personnel''.
Page 523, line 19, strike ``or'' and insert ``and''.
Page 524, line 3, strike ``and maintaining'' and insert ``,
maintaining, and updating''.
Page 524, line 5, after ``education,'' insert ``or for
expanding and updating an existing database of disabilities
support services information with respect to institutions of
higher education,''.
Page 524, line 9, after ``shall include'' insert
``available''.
Page 524, beginning on line 21, strike paragraph (4) and
insert the following:
``(4) Professional standards for disability support
personnel.--The Center shall work with organizations
and individuals with proven expertise related to
disability support services for postsecondary students
with disabilities to consolidate, evaluate, improve
upon, and disseminate information related to
professional standards and best practices for
disability support services personnel and offices in
institutions of higher education.
Page 525, line 4, strike ``The Center'' and insert ``Not
later than 3 years after the establishment of the Center, and
every 2 years thereafter, the Center''.
Page 525, strike line 5, and insert ``prepare and disseminate
a report to Congress and the Secretary analyzing''.
Page 525, line 9, strike ``ths'' and insert ``this'', on line
10, insert ``annual'' before ``enrollment'', and on line 12,
insert before the semicolon the following: ``from existing
data''.
Page 526, beginning on line 1, strike ``Such personnel'' and
all that follows through line 5.
Page 542, line 13, strike ``The'' and insert ``Not later than
3 years after the date of the first grant award under this
section, the''.
Page 542, strike line 14 and insert ``mit to Congress a
report that''.
Page 544, beginning on line 13, strike section 768 and insert
the following:
``SEC. 768. DEFINITIONS.
``In this Act:
``(1) Comprehensive transition and postsecondary
program for students with intellectual disabilities.--
The term `comprehensive transition and postsecondary
program for students with intellectual disabilities'
means a degree, certificate, or nondegree program that
is--
``(A) offered by an institution of higher
education;
``(B) designed to support students with an
intellectual disability who are seeking to
continue academic, vocational, and independent
living instruction at an institution of higher
education in order to prepare for gainful
employment and independent living;
``(C) includes an advising and curriculum
structure; and
``(D) requires students to participate on at
least a half-time basis, as determined by the
institution, with such participation focusing
on academic components such as reading,
language arts, or math, and occurring through a
combination of one or more of the following
activities:
``(i) Regular enrollment in courses
offered by the institution.
``(ii) Auditing or participating in
courses offered by the institution for
which the student does not receive
regular academic credit.
``(iii) Enrollment in noncredit,
nondegree courses.
``(iv) Participation in internships
or apprenticeships.
``(2) Student with an intellectual disability.--The
term `student with an intellectual disability' means a
student who is--
``(A) an individual whose mental retardation
or other significant cognitive impairment
substantially impacts the individual's
intellectual and cognitive functioning; and
``(B)(i) a student eligible for assistance
under the Individuals with Disabilities
Education Act who has completed secondary
school; or
``(ii) an individual who was, but is no
longer, eligible for assistance under the
Individuals with Disabilities Education Act
because the individual has exceeded the maximum
age for which the State in which the student
resides provides a free appropriate public
education.
Page 545, lines 7, 18, 20, and 22, strike ``Secretary'' and
insert ``Office of Postsecondary Education''.
Page 545, beginning on line 24, strike paragraph (1) and
insert the following:
``(1) are located in geographically diverse,
underserved areas; or
Page 548, beginning on line 21, strike ``Not later'' and all
that follows through ``Secretary'' on line 23, and insert ``Not
later than 5 years after the date of the first grant award
under this section, the Office of Postsecondary Education''.
Page 549, line 7, strike ``ACCREDITATION''.
Page 549, line 9, strike ``Secretary'' and insert ``Office of
Postsecondary Education''.
Page 549, line 13, after ``and'' insert ``recommendations
related to the''.
Page 549, lines 14 and 24, strike ``model''.
Page 550, strike line 17 and all that follows through page
551, line 7; on page 551, beginning on line 8, redesignate
subparagraph (B) and clauses (i) through (v) thereof as
paragraph (5) and subparagraphs (A) through (E), respectively;
and move such redesignate paragraph 2 em spaces to the left.
Page 552, line 6, strike ``and''; on line 8, strike the
period and insert ``; and''; and after line 8, insert the
following (and redesignate the succeeding subsection
accordingly):
``(10) convene a workgroup to develop recommendations
on criteria, standards, and components of such programs
as described in paragraph (5), to include the
participation of--
``(A) an expert in higher education;
``(B) an expert in special education;
``(C) a disability organization that
represents students with intellectual
disabilities; and
``(D) a national, State, or regional
accrediting agency or association recognized by
the Secretary under subpart 2 of part H of
title IV.
``(c) Report.--No later than 5 years after the date of the
establishment of the coordinating center under this section,
such center shall report to the Secretary, the Congress, and
the National Advisory Committee on Institutional Quality and
Integrity on the recommendations of the workgroup described in
subsection (b)(10).
Page 553, line 16, strike ``section 435(d)(5)(J)'' and insert
``section 435(j)''.
Page 554, line 18, after ``program students'' insert ``, in
each of the institution's nursing programs (associate,
baccalaureate, or advanced nursing degree program),''.
Page 554, line 23, after ``average number'' insert ``in each
of the institution's nursing programs''.
Page 557, beginning on line 18, strike ``fund release time
for qualified nurse employees, so that'' and insert ``ensure
that''.
Page 559, line 6, after ``higher education'' insert the
following: ``, including institutions providing alternative
methods of delivery of instruction in addition to on-site
learning''.
Page 560, line 2, after ``technologies'' insert the
following: ``and to expand methods of delivery of instruction
to include alternatives in addition to on-site learning''.
Page 560, line 22, after ``program'' insert the following:
``if the program requires a clinical site''.
Page 560, line 24, insert ``at least'' before ``a''.
Page 561, line 2, insert ``at least'' before ``a''.
Page 561, line 4, strike ``class schedule'' and insert
``program requirements, as necessary''.
Page 563, after line 3, insert the following new paragraph
(and redesignate the succeeding paragraphs accordingly):
``(3) the provision of accommodations for students
with disabilities on college entrance and graduate
admissions tests, including--
``(A) the frequency of, and approval rate
for, accommodations requests;
``(B) documentation requirements for
accommodations requests and criteria used to
determine if an accommodation is appropriate;
and
``(C) challenges facing students in accessing
reasonable accommodations on such tests;''.
Page 565, line 10, strike ``Competitive''; and on line 12,
strike ``on a competitive basis''.
Page 565, line 14, strike ``year,'' and insert ``year (A)'';
and on line 19, insert before the period the following: ``; (B)
are public institutions of higher education that have a net
tuition that is in the lowest quartile of comparable
institutions; or (C) are public institutions of higher
education that have a tuition increase of less than $500 for a
full-time undergraduate student''.
Page 565, line 18, on page 567, line 8, and on page 568, line
2 and line 13, strike ``higher'' and insert ``postsecondary''.
Page 566, beginning on line 18, strike paragraphs (2) and (3)
through page 568, line 6, and insert the following:
``(2) 4-year institutions.--An institution of higher
education that provides a program of instruction for
which it awards a bachelor's degree complies with the
requirements of this paragraph if--
``(A) for a public institution of higher
education, such institution's tuition is in the
lowest quartile of comparable institutions; or
``(B) for any institution of higher
education, such institution guarantees that for
any academic year (or the equivalent) beginning
on or after July 1, 2008, and for each of the 4
succeeding continuous academic years, the net
tuition charged to an undergraduate student
will not exceed--
``(i) for a public institution of
higher education, $500 per year for a
full-time undergraduate student; or
``(ii) for any other institution of
higher education--
``(I) the amount that the
student was charged for an
academic year at the time he or
she first enrolled in the
institution of higher
education, plus
``(II) the product of the
percentage increase in the
higher education price index
for the prior academic year, or
the most recent prior academic
year for which data is
available, multiplied by the
amount determined under
subclause (I).
``(3) Less-than 4-year institutions.--An institution
of higher education that does not provide a program of
instruction for which it awards a bachelor's degree
complies with the requirements of this paragraph if--
``(A) for a public institution of higher
education, such institution's tuition is in the
lowest quartile of comparable institutions; or
``(B) for any institution of higher
education, such institution guarantees that for
any academic year (or the equivalent) beginning
on or after July 1, 2008, and for each of the
1.5 succeeding continuous academic years, the
net tuition charged to an undergraduate student
will not exceed--
``(i) for a public institution of
higher education, $500 per year for a
full-time undergraduate student; or
``(ii) for any other institution of
higher education--
``(I) the amount that the
student was charged for an
academic year at the time he or
she first enrolled in the
institution of higher
education, plus
``(II) the product of the
percentage increase in the
higher education price index
for the prior academic year, or
the most recent prior academic
year for which data is
available, multiplied by the
amount determined under
subclause (I).
Page 568, line 14, after ``year,'' insert ``and, with respect
to any public institution of higher education, has a tuition
that is not in the lowest quartile of comparable
institutions''.
Page 569, beginning on line 20, strike paragraph (2) and
insert the following:
``(2) Postsecondary education price index.--The term
`postsecondary education price index' means the
postsecondary education price index developed pursuant
to section 133(i).
Page 604, line 22, strike ``contract with'' and insert
``award a grant to''.
Page 623, line 23, strike ``and''; page 624, line 5, strike
the period and insert ``; and''; and after line 5, insert the
following subparagraph:
``(E) acquisition and installation of access
control, video surveillance, intrusion
detection, and perimeter security technologies
and systems.
Page 626, line 2, insert ``natural or man-made'' after
``event of a''.
Page 632, line 22, strike ``education'' and insert
``educational''; and line 23, strike ``education'' and insert
``educational''.
Page 633, line 1, strike ``all of the schools of which meet''
and insert ``that is designated with''.
Page 633, line 13, strike ``or less than part-time''.
Page 633, line 22, insert before the period ``or the
recognized equivalent of such a diploma''.
Page 638, after line 8, insert the following new subsection:
``(d) Preference in Selection.--In determining which
applications to approve for a grant under this section, the
Secretary shall give priority to applications from partnerships
that include one or more regional employers that are located in
a rural area.
Page 646, line 19, page 647, line 7 and line 18, page 648,
line 17, page 651, line 17 and line 21, page 652, line 11 and
line 23, and page 653, line 22, strike ``Commerce'' and insert
``Education''.
Page 658, line 19, after ``Secretary'' insert ``, in
consultation with the Administrator of the Environmental
Protection Agency,''.
Page 664, line 4, after ``Education'' insert ``, in
consultation with the Administrator of the Environmental
Protection Agency,''.
Page 667, line 18, strike ``and'' after the semicolon; line
20, strike the period and insert ``; and''; and after line 20,
insert the following:
``(F) the Office of Science and Technology
Policy.
Page 675, line 7, strike ``an institution'' and insert ``one
or more institutions''.
Page 675, after line 23, insert the following new paragraph:
``(3) Existing partnerships.--Nothing in this
subsection shall be construed to prohibit a partnership
that is in existence on the date of enactment of this
section from applying for a grant under this section.
Page 689, line 22, strike ``10 years'' and insert ``20
years''.
Page 695, line 10, strike ``Such'' and insert ``The
initial''.
Page 695, line 11, after ``Education'' insert ``from a list
of recommendations received from the House of Representatives
and the Senate''.
Page 696, line 3, strike ``may use Trust funds'' and insert
``shall use Trust funds to support research that is in the
public interest but that is unlikely to be undertaken entirely
with private funds''.
Page 696, line 4, strike ``basic'' and insert
``precompetitive''.
Page 696, beginning on line 5, strike ``demonstrations of
innovative learning and assessment systems'' and insert
``demonstrations, and assessments of prototypes of innovative
digital learning and information technologies''.
Page 696, line 8, before ``testing'' insert ``pilot'', and
line 9, strike ``systems; and'' and insert ``prototype
systems;''.
Page 696, line 11, strike ``effective approaches to
learning.'' and insert ``effective, innovative digital
approaches to learning supported by this Act; and''.
Page 696, after line 11, insert the following:
(D) to support innovative digital media
education programs for parents, teachers, and
children to help children in the United States
learn digital safety and build technology
literacy.
Page 696, line 20, strike ``(with or without private
partners)'' and insert ``with or without for-profit partners,
and to for-profit organizations'', and
Page 700, after line 13, insert the following new sections:
SEC. 814. STUDY ON REGIONAL SENSITIVITY IN THE NEEDS ANALYSIS FORMULA.
(a) Study.--The Comptroller General shall conduct a study to
review the methodology that is used to determine the expected
family contribution under part F of title IV of the Higher
Education Act of 1965.
(b) Study Components.--The study conducted under subsection
(a) shall identify and evaluate the need analysis formula under
part F of title IV of the Higher Education Act of 1965 and
examine the need for regional sensitivity in need analysis. The
study shall include--
(1) the factors that are used to determine a
student's expected family contribution under part F of
title IV of the Higher Education Act;
(2) the varying allowances that are made in
calculating the expected family contribution;
(3) the effects of the income protection allowance on
all aid recipients; and
(4) options for modifying the income protection
allowance to reflect the significant differences in the
cost of living in various parts of the United States.
(c) Report.--Not later than one year after the date of
enactment of this Act, Comptroller General shall report to the
authorizing committees (as such term is defined in section 103
of the Higher Education Act of 1965 (20 U.S.C. 1003)) on the
results of the study conducted under this section.
SEC. 815. DYSLEXIA STUDY.
(a) Independent Evaluation.--The Secretary of Education shall
enter into an agreement with the Center for Education of the
National Academy of Sciences for a scientifically based study
of the quality of teacher education programs, to determine if
teachers are adequately prepared to meet the needs of students
with reading and language processing challenges, including
dyslexia. Such study shall--
(1) establish the prevalence of dyslexia and other
processing difficulties in the general population by
conducting a review of existing research and available
relevant data; and
(2) conduct a survey of institutions of higher
education to provide data on the extent to which
teacher education programs are based on the essential
components of reading instruction and scientifically
valid research.
(b) Components.--The study conducted under subsection (a)
shall be designed to provide statistically reliable information
on--
(1) the number, type of courses, and credit hours
required to meet the requirements of the reading degree
programs; and
(2) the extent to which the content of the reading
degree programs are based on--
(A) the essentials of reading instruction and
scientifically valid research, including
phonemic awareness, phonics, fluency,
vocabulary, and comprehension; and
(B) early intervention strategies based on
scientific evidence concerning challenges to
the development of language processing
capacity, specifically dyslexia, and the extent
to which such strategies are effective in
preventing reading failure before it occurs.
(c) Scope.--The National Academy of Sciences shall select for
participation in the evaluation under subsection (a) a diverse
group of institutions of higher education with respect to size,
mission, and geographic distribution.
(d) Interim and Final Reports.--The National Academy of
Sciences shall submit to the Secretary of Education, the
Committee on Health, Education, Labor and Pensions of the
Senate, and the Committee on Education and Labor of the House
of Representatives--
(1) an interim report regarding the study under
subsection (a) not later than 9 months after the award
of the contract to the Center for Education, as
specified in this Act; and
(2) a final report summarizing the findings,
conclusions, and recommendations of such study not
later than 18 months after the award of such contract.
(e) Task Force.--
(1) Establishment.--Upon completion of the final
report under subsection (d)(2), the Secretary of
Education shall assemble a task force to make policy
recommendations regarding the findings of the report to
the Secretary.
(2) Membership.--The membership of the task force
under this subsection shall include chief State school
officers, State reading consultants, a panel of master
teachers, national reading experts, and researchers
with expertise in the relevant fields.
(3) Public hearings.--The task force under this
subsection shall hold public hearings to provide an
opportunity for public comment on the results of the
findings of the task force.
SEC. 816. STUDY AND REPORT ON BORROWER REPAYMENT PLANS.
(a) Study.--The Secretary of Education shall conduct a
study--
(1) on the impact of the standard 10-year student
loan repayment term on the ability of undergraduate
borrowers in low-income areas, including Puerto Rico,
to repay their loans made under title IV, part B, of
the Higher Education Act of 1965; and
(2) to examine the extent to which longer payment
terms would assist borrowers in such low-income areas
in reducing their monthly loan payments.
(b) Report.--Not later than 1 year after the date of
enactment of this title, the Secretary shall submit a report to
Congress on the results of the study required by this section.
SEC. 817. NURSING SCHOOL CAPACITY.
(a) Findings.--The Congress finds as follows:
(1) Researchers in the field of public health have
identified the need for a national study to identify
constraints encountered by schools of nursing in
graduating the number of nurses sufficient to meet the
health care needs of the United States.
(2) The shortage of qualified registered nurses has
adversely affected the health care system of the United
States.
(3) Individual States have had varying degrees of
success with programs designed to increase the
recruitment and retention of nurses.
(4) Schools of nursing have been unable to provide a
sufficient number of qualified graduates to meet the
workforce needs.
(5) Many nurses are approaching the age of
retirement, and the problem worsens each year.
(6) In 2004, an estimated 125,000 applications from
qualified applicants were rejected by schools of
nursing, due to a shortage of faculty and a lack of
capacity for additional students.
(b) Study With Respect to Constraints With Respect to Schools
of Nursing.--
(1) In general.--The Secretary shall request the
Institute of Medicine of the National Academy of
Sciences to enter into an agreement under which the
Institute conducts a study for the purpose of--
(A) identifying constraints encountered by
schools of nursing in admitting and graduating
the number of registered nurses necessary to
ensure patient safety and meet the need for
quality assurance in the provision of health
care; and
(B) developing recommendations to alleviate
the constraints on a short-term and long-term
basis.
(2) Certain components.--The Secretary shall ensure
that the agreement under paragraph (1) provides that
the study under such subsection will include
information on the following:
(A) The trends in applications for attendance
at schools of nursing that are relevant to the
purpose described in such subsection, including
trends regarding applicants who are accepted
for enrollment and applicants who are not
accepted, particularly qualified applicants who
are not accepted.
(B) The number and demographic
characteristics of entry-level and graduate
students currently enrolled in schools of
nursing, the retention rates at the schools,
and the number of recent graduates from the
schools, as compared to previous years and to
the projected need for registered nurses based
on two-year, five-year, and ten-year
projections.
(C) The number and demographic
characteristics of nurses who pursue graduate
education in nursing and non-nursing programs
but do not pursue faculty positions in schools
of nursing, the reasons therefor, including any
regulatory barriers to choosing to pursue such
positions, and the effect of such decisions on
the ability of the schools to obtain adequate
numbers of faculty members.
(D) The extent to which entry-level graduates
of the schools are satisfied with their
educational preparation, including their
participation in nurse externships,
internships, and residency programs, and to
which they are able to effectively transition
into the nursing workforce.
(E) The satisfaction of nurse managers and
administrators with respect to the preparation
and performance levels of entry-level graduates
from the schools after one year, three years,
and five years of practice, respectively.
(F) The extent to which the current salary,
benefit structures, and characteristics of the
workplace, including the number of nurses who
are presently serving in faculty positions,
influence the career path of nurses who have
pursued graduate education.
(G) The extent to which the use of innovative
technologies for didactic and clinical nursing
education might provide for an increase in the
ability of schools of nursing to train
qualified nurses.
(3) Recommendations.--Recommendations under paragraph
(2)(B) may include recommendations for legislative or
administrative changes at the Federal or State level,
and measures that can be taken in the private sector--
(A) to facilitate the recruitment of students
into the nursing profession;
(B) to facilitate the retention of nurses in
the workplace; and
(C) to improve the resources and ability of
the education and health care systems to
prepare a sufficient number of qualified
registered nurses.
(4) Methodology of study.--
(A) Scope.--The Secretary shall ensure that
the agreement under paragraph (1) provides that
the study under such subsection will consider
the perspectives of nurses and physicians in
each of the various types of inpatient,
outpatient, and residential facilities in the
health care delivery system; faculty and
administrators of schools of nursing; providers
of health plans or health insurance; and
consumers.
(B) Consultation with relevant
organization.--The Secretary shall ensure that
the agreement under paragraph (1) provides that
relevant agencies and organizations with
expertise on the nursing shortage will be
consulted with respect to the study under such
subsection, including but not limited to the
following:
(i) The Agency for Healthcare
Research and Quality.
(ii) The American Academy of Nursing.
(iii) The American Association of
Colleges of Nursing.
(iv) The American Nurses Association.
(v) The American Organization of
Nurse Executives.
(vi) The National Institute of
Nursing Research.
(vii) The National League for
Nursing.
(viii) The National Organization for
Associate Degree Nursing.
(ix) The National Student Nurses
Association.
(5) Report.--The Secretary shall ensure that the
agreement under paragraph (1) provides that not later
than 18 months after the date of the enactment of this
section, a report providing the findings and
recommendations made in the study under such subsection
will be submitted to the Secretary, the Committee on
Energy and Commerce of the House of Representatives,
and the Committee on Health, Education, Labor, and
Pensions of the Senate.
(6) Other organization.--If the Institute declines to
conduct the study under paragraph (1), the Secretary
may enter into an agreement with another appropriate
private entity to conduct the study.
(c) Definitions.--For purposes of this section:
(1) The term ``Institute'' means the Institute of
Medicine of the National Academy of Sciences.
(2)(A) The term ``school of nursing'' means a
collegiate, associate degree, or diploma school of
nursing in a State.
(B) The terms ``collegiate school of nursing'',
``associate degree school of nursing'', and ``diploma
school of nursing'' have the meanings given to such
terms in section 801 of the Public Health Service Act.
(3) The term ``Secretary'' means the Secretary of
Education.
SEC. 818. STUDY OF THE IMPACT OF STUDENT LOAN DEBT ON PUBLIC SERVICE.
(a) Study.--The Secretary of Education, in consultation with
the Office of Management and Budget, is authorized to
coordinate with an organization with expertise in the field of
public service, such as the National Academy of Public
Administrators or the American Society for Public
Administration, to coordinate with interested parties to
conduct a study of how student loan debt levels impact the
decisions of graduates of postsecondary and graduate education
programs to enter into public service careers. Such study shall
include--
(1) an assessment of the challenges to recruiting and
retaining well-qualified public servants, including the
impact of student loan debt;
(2) an evaluation of existing Federal programs to
recruit and retain well-qualified public servants;
(3) an evaluation of whether additional Federal
programs could increase the number of graduates of
postsecondary and graduate education programs who enter
careers in public service; and
(4) recommendations related to any potential pilot
programs, including an academy for public service, that
could be used to encourage new graduates of
postsecondary and graduate education programs to enter
public service careers.
(b) Report.--Not later than one year after the date of the
enactment of this Act, the Secretary of Education, in
consultation with the Office of Management and Budget, shall
submit to Congress a report related to the findings of the
study conducted under subsection (a).
Page 701, line 20, strike ``(I)''; on page 702, line 2,
strike ``or'' and insert ``and''; and strike lines 3 and 4.
Page 702, strike lines 13 through 19 and insert the
following: ``by the State that has adopted and implemented the
standards and assessments selected under subparagraph (A)(i);
and''.
Page 703, beginning on line 19, strike subparagraph (A)
through page 704, line 3, and insert the following:
(A) in paragraph (1), by striking the second
sentence;
Page 704, beginning on line 9, strike ``Rochester Institute
of Technology'' and insert ``institution of higher education''.
Page 706, strike lines 14 through 17 and insert the
following:
(4) in paragraph (3)(B), by striking ``of the
institution of higher education'' and all that follows
through ``section 203'' and inserting ``of NTID
programs and activities''.
Page 708, line 16, strike ``NTID or the University and'' and
insert ``the University or the NTID,''; and on line 17, after
``United States'' insert ``, and are not enrolled in a degree
program at the University or the NTID''.
Page 709, line 16, before the period insert the following:
``, or a country that was a developing country for any academic
year during the student's period of uninterrupted enrollment in
a degree program at the University or NTID, except that such a
surcharge shall not be adjusted retroactively''.
Page 710, line 20, strike ``$4,825'' and insert ``$5,345''.
Page 710, lines 20 and 22, strike ``1999'' and insert
``2005''.
Page 730, line 16, strike ``or Federal''.
Page 730, beginning on line 23, strike ``, and to the Federal
Bureau of Prisons,''.
Page 731, line 14, and page 734, beginning on lines 4 and 18,
strike ``and the Federal Bureau of Prisons''.
Page 731, beginning on line 19, and page 732, line 14, strike
``or the Federal Bureau of Prisons''.
Page 733, lines 13 and 16, strike ``and Federal''.
Page 733, beginning on line 22, strike ``and Federal Bureau
of Prisons entity''.
Page 735, line 4, strike ``, the Federal Bureau of
Prisons,''.
Page 735, beginning on line 17, strike subsections (g) and
(h) through page 736, line 13, and insert the following (and
redesignate the succeeding subsection accordingly):
``(g) Allocation of Funds.--From the funds appropriated
pursuant to subsection (h) for each fiscal year, the Secretary
shall allot to each State an amount that bears the same ratio
to such funds as the total number of incarcerated individuals
in such State bears to the total number of such incarcerated
individuals in all States.
Page 748, line 25, after ``including'' insert ``off-campus
housing safety,''.
Page 749, line 16, after ``information'' insert ``(including
ways to increase off-campus housing safety)''.
Page 751, after line 4, insert the following new subsection:
(e) Sense of the House of Representatives.--It is the sense
of the House of Representatives that in order to increase
awareness of the importance of student safety in off-campus
housing that is located in the areas surrounding colleges and
universities, the following should be encouraged:
(1) The creation of chapters at colleges and
universities that aim to raise awareness of the issue
of off-campus student safety.
(2) Public awareness on the benefits of security
measures that may increase the safety of students
living in off-campus housing.
(3) Collaborative partnerships between Federal
agencies, local law enforcement agencies, non-profit
organizations, colleges and universities, and
communities to disseminate information and best
practices related to off-campus housing safety for
students.
Page 751, beginning on line 5, strike section 953 and insert
the following:
SEC. 953. PRIVATE LOAN FORGIVENESS.
Notwithstanding any other provision of law--
(1) a public or private institution of higher
education may provide an officer or employee of any
branch of the United States Government, of any
independent agency of the United States, or of the
District of Columbia who is a current or former student
of such institution, financial assistance for the
purpose of repaying a student loan or providing
forbearance of student loan repayment: Provided, that
such repaying or providing forbearance is provided to
any such officer or employee in accordance with a
written, published policy of the institution relating
to repaying or providing forbearance, respectively, for
students or former students who perform public service;
and
(2) an officer or employee of any branch of the
United States Government, of any independent agency of
the United States, or of the District of Columbia may
receive repayment or forbearance permitted under
paragraph (1).
Page 765, line 23, page 770, line 9, and page 784, line 17,
strike ``part B of''.
Page 766, line 12, and page 770, line 23, after ``credit
plan,'' insert ``a reverse mortgage transaction,''.
Page 768, beginning on line 7, strike clause (i) and insert
the following:
``(i) standard material, activities,
or programs on issues related to a
loan, default aversion, default
prevention, or financial literacy, such
as a brochure, a workshop, or training;
Page 768, line 19, strike ``or''; on page 769, line 2, strike
``and''; and after line 2 insert the following new clauses:
``(iv) the provision of financial
literacy counseling or services to
students or parents, including
counseling or services provided in
coordination with a covered educational
institution, to the extent that such
counseling or services--
``(I) are not undertaken to
secure applications for private
educational loans or to secure
private educational loan
volume;
``(II) are not undertaken to
secure applications or loan
volume for any loan made,
insured, or guaranteed under
part B of title IV of the
Higher Education Act of 1965;
and
``(III) do not promote the
products or services of any
private educational lender;
``(v) philanthropic contributions to
a covered institution from a private
educational lender that are unrelated
to educational loans, to the extent
that such contributions are disclosed
pursuant to paragraphs (1) and (2) of
section 153(a) of the Higher Education
Act of 1965, if applicable; or
``(vi) State education grants,
scholarships, or financial aid funds
administered by or on behalf of a
State; and
Page 770, line 24, strike ``mortgage transaction,'' and
insert ``mortgage transaction (as those terms are defined in
section 103 of the Truth in Lending Act),''.
Page 774, strike lines 13 and 14 and insert the following:
(ii) by inserting ``128(e)(8), or''
after ``125,''; and
Page 778, line 20, after the period insert the following:
``The form of such written acknowledgment shall be subject to
the regulations of the Board.''.
Page 781, beginning on line 19, strike paragraph (4) and
insert the following:
``(4) Institutional certification required.--Before a
creditor may issue any funds with respect to an
extension of credit described in paragraph (1), the
creditor shall obtain from the relevant institution of
higher education such institution's certification of--
``(A) the enrollment status of the borrower;
``(B) the borrower's cost of attendance at
the institution as determined by the
institution under part F of title IV of the
Higher Education Act of 1965; and
``(C) the difference between the borrower's
cost of attendance and the borrower's estimated
financial assistance received under title IV of
the Higher Education Act of 1965 and other
assistance known to the institution.
Page 784, before line 1, insert the following new paragraph
(and redesignate the succeeding paragraph accordingly):
``(9) Provision of information.--On or before the
date a creditor issues any funds with respect to an
extension of credit described in paragraph (1), the
creditor shall notify the relevant institution of
higher education, in writing, of the amount of the
extension of credit and the student on whose behalf
credit is extended. The form of such written
notification shall be subject to the regulations of the
Board.
Page 785, line 10, strike ``mortgage transaction,'' and
insert ``mortgage transaction (as those terms are defined in
section 103 this Act),''.
----------
2. An Amendment To Be Offered by Representative McKeon of California,
or His Designee, Debatable for 10 Minutes
At the end of title VIII, add the following new section:
SEC. 814. FEDERAL REGULATION OF HIGHER EDUCATION REPORT.
(a) Analysis of Federal Regulations on Institutions of Higher
Education.--The Secretary of Education shall contract with the
National Research Council of the National Academies to conduct
a study to ascertain the amount and scope of all Federal
regulations and reporting requirements with which institutions
of higher education must comply. The study shall include
information describing--
(1) by agency, the number of Federal regulations and
reporting requirements affecting institutions of higher
education;
(2) by agency, the estimated time required and costs
to institutions of higher education (disaggregated by
types of institutions) to comply with the regulations
and reporting requirements as required in (a)(1); and
(3) by agency, recommendations for consolidating,
streamlining, and eliminating redundant and burdensome
Federal regulations and reporting requirements
affecting institutions of higher education.
(b) Submission of Report.--The Secretary shall submit the
report required by subsection (a) to the authorizing committees
(as such term is defined in section 103 of the Higher Education
Act of 1965 (20 U.S.C. 1003)) not later than 18 months after
the date of enactment of this Act.
----------
3. An Amendment To Be Offered by Representative Kildee of Michigan, or
His Designee, Debatable for 10 Minutes
Page 206, line 18, strike ``Allotment of Remaining Funds''
and insert ``Allocation of Funds''.
Page 206, line 20, strike ``subsection'' and insert
``subsections'', and after line 20 insert the following new
subsection (and redesignate the succeeding subsection
accordingly):
``(e) Construction Grants.--
``(1) In general.--Of the amount appropriated to
carry out this section for any fiscal year, beginning
with fiscal year 2009, the Secretary may reserve 30
percent of such amount for the purpose of awarding 1-
year grants of not less than $1,000,000 to address
construction, maintenance, and renovation needs at
eligible institutions.
``(2) Preference.--In providing grants under
paragraph (1) for any fiscal year, the Secretary shall
give preference to eligible institutions that have not
received an award under this section for a previous
fiscal year.
----------
4. An Amendment To Be Offered by Representative Petri of Wisconsin, or
His Designee, Debatable for 10 Minutes
Page 451, line 24, strike ``and''; on page 452, line 5,
strike the period and insert ``; and''; and after such line
insert the following new paragraph:
``(8) the feasibility of a specific alternative
market-based mechanism that will--
``(A) determine lender returns;
``(B) result in reduced Federal costs on a
program-wide basis, on loans made, insured, or
guaranteed under part B of this title,
excluding from consideration the Federal PLUS
loans described in section 428B that are the
subject of the competitive loan auction pilot
program under this section;
``(C) include not more than--
``(i) 10 percent of the annual loan
volume under this part B of this title
during the first year of the
alternative pilot program; and
``(ii) 20 percent of the annual loan
volume under this part B of this title
during the subsequent years of the
alternative pilot program;
``(D) permit participation in any alternative
auction-based pilot program on a voluntary
basis for eligible institutions and eligible
lenders participating under part B of this
title prior to July 1, 2007; and
``(E) provide for all savings to the United
States Treasury generated by such alternative
pilot program to be distributed to institutions
participating under this section on a basis
proportionate to loan volume under such part
for supplemental, need-based financial aid,
except than an institution that is operating as
an eligible lender under section 435(d)(2)
shall not be eligible for any such
distribution.
Page 452, line 14, strike the close quotation marks and
following period, and after line 14 insert the following new
subsection:
``(e) Independent Evaluation.--The Government Accountability
Office shall conduct an independent evaluation of any auction
or auctions conducted under this section no later than
September 1, 2013.''.
----------
5. An Amendment To Be Offered by Representative Petri of Wisconsin, or
His Designee, Debatable for 10 Minutes
Page 359, beginning on line 13, strike subparagraphs (C),
(D), and (E) and insert the following (and redesignate the
succeeding paragraphs accordingly):
``(C) with respect to each of the guaranty
agencies operating under a guaranty agreement
under section 428(c)--
``(i) un-reconciled balances in held
loans by year of origination;
``(ii) status and number of defaulted
loans by length of default in 30-day
increments; and
``(iii) status and number of
delinquent loans by length of
delinquency in 30-day increments;
Page 359, line 23, insert before the period the following:
``carrying out activities under this part''.
Page 359, beginning on line 24, strike subsection (c) through
page 360, line 12.
Page 360, after line 12, insert the following new subsection:
(d) Audit of Federal Family Education Loan Program Portfolio
and Guaranty Agencies.--The Secretary of Education shall have a
financial and compliance audit of all guaranty agencies
participating in the loan programs under part B of title IV of
the Higher Education Act of 1965 (including each guaranty
agencies' contract for the servicing, collecting, and related
activities of such loans), conducted annually by a qualified
independent organization from a list of qualified organizations
promulgated by the Secretary in accordance with the standards
established by the Comptroller General. The standards shall
measure the guaranty agency's compliance with the due diligence
standards and shall include a defined statistical sampling
technique designed to measure the performance rating of the
guaranty agency for the purpose of this subsection. The
Secretary shall submit the audit to Congress within 60 days of
its completion and shall at the same time make the results of
the audit publicly available.
----------
6. An Amendment To Be Offered by Representative Castle of Delaware, or
His Designee, Debatable for 10 Minutes
In section 133(d) of the Higher Education Act of 1965, as
amended by section 109 of the bill:
(1) insert ``(1)'' after ``Task Forces.--'';
(2) redesignate paragraphs (1), (2), (3), and (4) as
subparagraphs (A), (B), (C), and (E);
(3) strike ``and'' at the end of subparagraph (C) as
so redesignated;
(4) insert after such subparagraph (C) the following
new subparagraph:
``(D) develop annual benchmarks for the
institution to reduce costs in areas identified
under subparagraph (C); and''.
(5) add at the end the following new paragraph:
``(2) An institution of higher education that does not meet
the benchmarks established under paragraph (1)(D) shall provide
to the Secretary a detailed explanation of the reasons why the
institution did not meet such benchmarks.''.
----------
7. An Amendment To Be Offered by Representative Davis of Illinois, or
His Designee, Debatable for 10 Minutes
At the end of the bill, add the following (and make such
technical and conforming changes as may be appropriate):
TITLE XI--RELATED AMENDMENTS
SEC. 1101 TREATMENT IN BANKRUPTCY.
Section 523(a)(8) of title 11, the United States Code, is
amended--
(1) in subparagraph (A)(i) by striking ``or made''
and all that follows through ``institution'', and
inserting ``or made under any program funded in whole
or in part by a governmental unit, or made under any
program in which a substantial portion of the funds for
making such overpayment or loan is provided by a
nonprofit institution or an institution of higher
education as defined in section 102 of the Higher
Education Act and in which no part is funded by a
governmental unit''; and
(2) in subparagraph (B) by inserting before the
semicolon at the end the following:
``unless the period beginning on the date when
such loan first became due and ending on the
date of the filing of the petition, excluding
any time during such period when the repayment
obligation was deferred while the borrower was
attending an eligible educational institution
as defined in section 221(d)(2) of the Internal
Revenue Code of 1986, is longer than 5 years''.
----------
8. An Amendment To Be Offered by Representative Davis of California, or
Her Designee, Debatable for 10 Minutes
After section 453 of the bill, insert the following new
section (and redesignate the succeeding section accordingly):
SEC. 454. NO ACCRUAL OF INTEREST FOR ACTIVE DUTY SERVICE MEMBERS.
(a) Amendment.--Section 455 (20 U.S.C. 1087e) is further
amended by adding at the end the following:
``(o) No Accrual of Interest for Active Duty Service
Members.--
``(1) In general.--Notwithstanding any other
provision of this part, and except as provided in
paragraph (3), interest shall not accrue for an
eligible borrower on a loan made under this part that
is disbursed on or after October 1, 2008.
``(2) Consolidation loans.--In the case of any
consolidation loan made under this part that is
disbursed on or after October 1, 2008, interest shall
not accrue pursuant to this subsection only on such
portion of such loan as was used to repay a loan made
under this part that was disbursed on or after October
1, 2008.
``(3) Eligible borrower.--In this subsection, the
term `eligible borrower' means an individual who--
``(A)(i) is serving on active duty during a
war or other military operation or national
emergency; or
``(ii) is performing qualifying National
Guard duty during a war or other military
operation or national emergency; and
``(B) is serving in an area of hostilities in
which service qualifies for special pay under
section 310 of title 37, United States Code.
``(4) Limitation.--An individual who qualifies as an
eligible borrower under this subsection may receive the
benefit of this subsection for not more than 60
months.''.
(b) Consolidation Loans.--Section 428C(b)(5) (20 U.S.C. 1078-
3(b)(5)) is amended by inserting after the first sentence the
following: ``In addition, in the event that a borrower chooses
to obtain a consolidation loan for the purposes of using the no
accrual of interest for active duty service members program
offered under section 455(o), the Secretary shall offer a
Federal Direct Consolidation loan to any such borrower who
applies for participation in such program.''.
----------
9. An Amendment To Be Offered by Representative Sestak of Pennsylvania,
or His Designee, Debatable for 10 Minutes
Page 335, after line 14, insert the following new paragraph:
``(14) Physical therapists.--Individuals who are
physical therapists and who are providing physical
therapy services to children, adolescents, or veterans.
Page 338, after line 21, insert the following new paragraph
(and redesignate the succeeding paragraphs accordingly):
``(5) Physical therapist.--The term `physical
therapist' means an individual who--
``(A) has received, at a minimum, a graduate
degree in physical therapy from an institution
of higher education accredited by an agency or
association recognized by the Secretary
pursuant to section 496(a) of this Act; and
``(B) provides physical therapy services
under 1861(p) of the Social Security Act (42
U.S.C. 1395x(p), or meets or exceeds the
qualifications for a qualified physical
therapist as determined by State law.
----------
10. An Amendment To Be Offered by Representative Sestak of
Pennsylvania, or His Designee, Debatable for 10 Minutes
Page 418, strike lines 19 through 21 and insert the
following:
``(C) management systems regarding course
equivalency, transfer of credit, and
articulation; and
Page 419, beginning on line 22, strike ``and'' and insert a
comma; and on line 23, before the semicolon insert ``, and
management systems''.
----------
11. An Amendment To Be Offered by Representative Yarmuth of Kentucky,
or His Designee, Debatable for 10 Minutes
Page 200, line 15, strike the close quotation mark and the
following period, and after such line insert the following:
``Subpart 6--Preparing General Education Teachers to More Effectively
Educate Students With Disabilities
``SEC. 291. TEACH TO REACH GRANTS.
``(a) Authorization of Program.--
``(1) In general.--The Secretary is authorized to
award grants, on a competitive basis, to eligible
partnerships to improve the preparation of general
education teacher candidates to ensure that such
teacher candidates possess the knowledge and skills
necessary to effectively instruct students with
disabilities in their classrooms.
``(2) Duration of grants.--A grant under this section
shall be awarded for a period of five years.
``(3) Non-federal share.--An eligible partnership
that receives a grant under this section shall provide
not less than 25 percent of the cost of the activities
carried out with such grant from non-Federal sources,
which may be provided in cash or in kind.
``(b) Definition of Eligible Partnership.--In this section,
the term `eligible partnership' is a partnership that--
``(1) shall include--
``(A) one or more departments or programs at
an institution of higher education--
``(i) that prepare elementary or
secondary general education teachers;
``(ii) that have a program of study
that leads to an undergraduate degree,
a master's degree, or completion of a
post-baccalaureate program required for
teacher certification; and
``(iii) the graduates of which are
highly qualified, as defined in section
9101 of the Elementary and Secondary
Education Act of 1965;
``(B) a department or program of special
education at an institution of higher
education; and
``(C) a high-need local educational agency;
and
``(2) may include a department or program of
mathematics, earth or physical science, foreign
language, or other departments at the institution that
have a role in preparing teachers.
``(c) Required Activities.--An eligible partnership that
receives a grant under this section shall use the grant funds
to--
``(1) develop or strengthen an undergraduate, post-
baccalaureate, or master's teacher preparation program
by integrating special education strategies into the
general education curriculum and academic content;
``(2) provide teacher candidates participating in the
program under paragraph (1) with skills related to--
``(A) response to intervention, positive
behavioral supports, differentiated
instruction, and data driven instruction;
``(B) developing and administering alternate
assessments of students with disabilities;
``(C) determining and utilizing
accommodations for instruction and assessments;
``(D) collaborating with special educators,
related services providers, and parents,
including participation in Individualized
Education Program development and
implementation; and
``(E) utilizing technology and assistive
technology for students with disabilities; and
``(3) provide extensive clinical experience for such
participants, with mentoring and induction support
throughout the program that continues during the first
year of full-time teaching.
``(d) Application.--An eligible partnership seeking a grant
under this section shall submit an application to the Secretary
at such time, in such manner, and containing such information
as the Secretary may require. Such application shall include--
``(1) A self-assessment by the eligible partnership
of the existing teacher preparation program at the
institution of higher education and needs related to
preparing general education teacher candidates to
instruct students with disabilities.
``(2) An assessment of the existing personnel needs
for general education teachers who instruct students
with disabilities, performed by the local educational
agency in which most graduates of the teacher
preparation program are likely to teach after
completion of the program under subsection (c)(1).
``(e) Peer Review.--The Secretary shall convene a peer review
committee to review applications for grants under this section
and to make recommendations to the Secretary regarding the
selection of grantees. Members of the peer review committee
shall be recognized experts in the fields of special education,
teacher preparation, and general education, and shall not be in
a position to benefit financially from any grants awarded under
this section.
``(f) Evaluations.--
``(1) By the partnership.--An eligible partnership
receiving a grant under this section shall conduct an
evaluation at the end of the grant period to determine
the effectiveness of the general education teachers who
completed a program under subsection (c)(1) at
instruction of students with disabilities in general
education classrooms, and the systemic impact of the
activities carried out by such grant on how each
institution of higher education that is a member of the
partnership prepares teachers for instruction in
elementary and secondary schools. Each eligible
partnership performing an evaluation under this
paragraph shall report the findings of such evaluation
to the Secretary.
``(2) Report by the secretary.--Not later than 180
days after the last day of the grant period under this
section, the Secretary shall make available to Congress
and the public the findings of the evaluations
submitted under paragraph (1), and information on best
practices related to effective instruction of students
with disabilities in general education classrooms.''.
----------
12. An Amendment To Be Offered by Representative Hastings of Florida,
or His Designee, Debatable for 10 Minutes
Page 679, line 13, strike the close quotation marks and
following period and after such line insert the following new
part:
``PART R--PATH TO SUCCESS PROGRAM
``SEC. 887. PATH TO SUCCESS.
``(a) Purpose.--The purpose of this part is to encourage
community supported programs that--
``(1) leverage and enhance community support for at-
risk young adults by facilitating the transition of
such young adults who are eligible individuals into
productive learning environments where such young
adults can obtain the life, social, academic, and
vocational skills and credentials necessary to
strengthen the Nation's workforce;
``(2) provide counseling, as appropriate, for
eligible individuals participating in the programs to
allow such individuals to build a relationship with one
or more guidance counselors during the period that the
individuals are enrolled in the programs, including
providing referrals and connections to community
resources that help eligible individuals transition
back into the community with the necessary life,
social, academic, and vocational skills after being in
detention, or incarcerated, particularly resources
related to health, housing, job training, and work-
place readiness;
``(3) provide training and education for eligible
individuals participating in the programs, to allow
such individuals to assist community officials and law
enforcement agencies with the deterrence and prevention
of gang and youth violence by participating in
seminars, training, and workshops throughout the
community; and
``(4) provide each eligible youth participating in
the programs with individual attention based on a
curriculum that matches the interests and abilities of
the individual to the resources of the program.
``(b) Reentry Education Program.--
``(1) Grant program established.--The Secretary is
authorized to award grants to community colleges to
enter into and maintain partnerships with juvenile
detention centers and secure juvenile justice
residential facilities to provide assistance, services,
and education to eligible individuals who reenter the
community and pursue, in accordance with the
requirements of this part, at least one of the
following:
``(A) A certificate of graduation from a
school providing secondary education, a general
equivalency diploma (GED), or another
recognized equivalent of such a certificate or
diploma.
``(B) A certificate of completion for a
specialized area of study, such as vocational
training and other alternative post-secondary
educational programs.
``(C) An associate's degree.
``(2) Grant period.--A grant awarded under this part
shall be for one 2-year period, and may be renewed for
an additional period as the Secretary determines to be
appropriate.
``(3) Application.--A community college desiring to
receive a grant under this section shall submit an
application to the Secretary at such time, in such
manner, and containing such information as the
Secretary shall require, which shall include--
``(A) an assessment of the existing community
resources available to serve at-risk youth;
``(B) a detailed description of the program
and activities the community college will carry
out with such grant; and
``(C) a proposed budget describing how the
community college will use the funds made
available by such grant.
``(4) Priority.--In awarding grants under this part,
the Secretary of Education shall give priority to
community colleges that accept the highest number of
eligible individuals from high-risk areas, and among
such community colleges, shall give priority to
community colleges that the Secretary determines will
best carry out the purposes of this part, based on the
applications submitted in accordance with paragraph
(3).
``(c) Allowable Uses of Funds.--A community college awarded a
grant under this part may use such grant to--
``(1) pay for tuition and transportation costs of
eligible individuals;
``(2) establish and carry out an education program
that includes classes for eligible individuals that--
``(A) provide marketable life and social
skills to such individuals;
``(B) meet the education program requirements
under subsection (d);
``(C) promote the civic engagement of such
individuals; and
``(D) facilitate a smooth reentry of such
individuals into the community;
``(3) create and carry out a mentoring program--
``(A) that is specifically designed to help
eligible individuals with the potential
challenges of the transitional period from
detention to release;
``(B) is created in consultation with
guidance counselors, academic advisors, law
enforcement officials, and other community
resources; and
``(C) that is administered by a program
coordinator, selected and employed by the
community college, who shall oversee each
individual's development and shall serve as the
immediate supervisor and reporting officer to
whom the academic advisors, guidance
counselors, and volunteers shall report
regarding the progress of each such individual;
``(4) facilitate employment opportunities for
eligible individuals by entering into partnerships with
public and private entities to provide opportunities
for internships, apprenticeships, and permanent
employment, as possible, for such individuals; and
``(5) provide training for eligible individuals
participating in the programs, to allow such
individuals to assist community officials and law
enforcement agencies with the deterrence and prevention
of gang and youth violence by participating in seminars
and workshop series throughout the community.
``(d) Education Program Requirements.--An education program
established and carried out under subsection (c) shall--
``(1) include classes that are required for
completion of a certificate, diploma, or degree
described in subparagraphs (A) through (C) of
subsection (b)(1);
``(2) provide a variety of academic programs, with
various completion requirements, to accommodate the
distinctive academic backgrounds, learning curves, and
concentration interests of the eligible individuals who
participate in the program;
``(3) offer flexible academic programs that are
designed to improve the academic development and
achievement of eligible individuals, and to avoid high
attrition rates for such individuals; and
``(4) provide for a uniquely designed education plan
for each eligible individual participating in the
program, which shall require such individual to
receive, at a minimum, a certificate or diploma
described in subparagraph (A) of subsection (b)(1) to
successfully complete such program.
``(e) Reports.--Each community college awarded a grant under
this part shall submit to the Secretary of Education a report--
``(1) documenting the results of the program carried
out with such grant; and
``(2) evaluating the effectiveness of activities
carried out through such program.
``(f) Definitions.--In this part:
``(1) Community college.--The term `community
college' means a public or nonprofit institution of
higher education (as such term is defined in section
101 or 102(a)(2)(B)), that--
``(A) provides an educational program of not
less than two years; and
``(B) that is accredited by a regional
accrediting agency or association.
``(2) Eligible individual.--The term `eligible
individual' means an individual who--
``(A) is 16 to 25 years of age;
``(B) has been convicted of a gang-related
offense, and has served a period of detention
in a juvenile detention center for such
offense; and
``(C) is detained in, or has been released
from, such center.
``(3) Gang-related offense.--The term `gang-related
offense' means conduct constituting any Federal or
State crime, punishable by imprisonment in any of the
following categories:
``(A) A crime of violence.
``(B) A crime involving obstruction of
justice, tampering with or retaliating against
a witness, victim, or informant, or burglary.
``(C) A crime involving the manufacturing,
importing, distributing, possessing with intent
to distribute, or otherwise dealing in a
controlled substance or listed chemical (as
those terms are defined in section 102 of the
Controlled Substances Act (21 U.S.C. 802)).
``(4) Guidance counselor.--The term `guidance
counselor' means an individual who works with at-risk
youth on a one-on-one basis, to establishing a
supportive relationship with such at-risk youth and to
provide such at-risk youth with academic assistance and
exposure to new experiences that enhance their ability
to become responsible citizens.
``(5) High-risk area.--The term `high-risk area'
means a specified area within a State where there is a
disproportionately high number of gang-related
activities reported to State and local law enforcement
authorities.''.
----------
13. An Amendment To Be Offered by Representative Welch of Vermont, or
His Designee, Debatable for 10 Minutes
Page 63, after line 17, insert the following new section (and
redesignate the succeeding sections accordingly):
SEC. 112. ENDOWMENT REPORTING.
Part C of title I (20 U.S.C. 1015) is further amended by
adding after section 135 (as added by section 111 of this Act)
the following new section:
``SEC. 136. ENDOWMENT REPORTING.
``Each institution of higher education shall annually submit
to the Secretary, in a form prescribed by the Secretary, a
report on the expenditures made by such institution from any
endowment funds of the institution for the purpose of reducing
the costs of the programs of instruction offered by such
institution, including the specific amounts expended for grants
and other aid to reduce the amounts charged for tuition, fees,
textbooks, meals, room and board.''.
----------
14. An Amendment To Be Offered by Representative Lantos of California,
or His Designee, Debatable for 10 Minutes
Page 490, after line 13, insert the following new subsection:
(g) Additional Technical Amendments.--
(1) Section 711(a)(1) (20 U.S.C. 1135(a)) is amended
by inserting ``(including a masters degree)'' after
``leading to a graduate degree''.
(2) Section 712(a)(1) (20 U.S.C. 1135a(a)(1)) is
amended by inserting ``(including a masters degree)''
after ``leading to a graduate degree''.
(3) Section 713 (b)(5)(C) (20 U.S.C. 1135b(b)(5)(C))
is amended by inserting ``at the institution'' before
the semicolon at the end.
----------
15. An Amendment To Be Offered by Representative Edwards of Texas, or
His Designee, Debatable for 10 Minutes
Page 63, after line 17, insert the following new section (and
redesignate the succeeding sections accordingly):
SEC. 112. IN-STATE TUITION RATES FOR MEMBERS OF THE ARMED FORCES ON
ACTIVE DUTY AND DEPENDENTS.
Part C of title I (20 U.S.C. 1015) is further amended by
adding after section 135 (as added by section 111 of this Act)
the following new section:
``SEC. 136. IN-STATE TUITION RATES FOR MEMBERS OF THE ARMED FORCES ON
ACTIVE DUTY AND DEPENDENTS.
``(a) Requirement.--A member of the armed forces on active
duty for a period of more than 30 days whose domicile or
permanent duty station is in a State, and the dependents of
such a member, may not be charged tuition for attendance at a
public institution of higher education in that State at a rate
that is greater than the rate charged for residents of that
State.
``(b) Continuation.--If a member of the armed forces, or a
dependent of a member, pays tuition at a public institution of
higher education in a State at a rate determined by reason of
subsection (a), the provisions of subsection (a) shall continue
to apply to such member or dependent while continuously
enrolled at that institution, notwithstanding a subsequent
change in the permanent duty station of the member to a
location outside the State.
``(c) Effective Date.--This section shall take effect at each
public institution of higher education in a State at the
beginning of the first period of enrollment at that institution
that begins more than 90 days after the date of enactment of
the Military Child College Affordability Act.
``(d) Definitions.--For purposes of this section:
``(1) State.--The term `State' has the meaning given
that term in section 103 of this Act.
``(2) Military definitions.--The terms `armed forces'
and `active duty for a period of more than 30 days'
have the meanings given those terms in section 101 of
title 10, United States Code.''.
----------
16. An Amendment To Be Offered by Representative Eddie Bernice Johnson
of Texas, or Her Designee, Debatable for 10 Minutes
Page 249, after line 5, insert the following new subsection
(and redesignate the succeeding subsections accordingly):
(f) Calculation of Federal Pell Grant Eligibility.--
(1) Amendment.--Section 401(f) of the Higher
Education Act of 1965 (20 U.S.C. 1070a(f)) is amended
by adding at the end the following new paragraph:
``(4)(A) Notwithstanding paragraph (1) or any other
provision of this section, the expected family
contribution of each student described in subparagraph
(B) shall be deemed to be zero for the period during
which each such student is eligible to receive a
Federal Pell Grant under subsection (c).
``(B) Subparagraph (A) shall apply to any student at
an institution of higher education--
``(i) whose parent or guardian was a member
of the Armed Forces of the United States who
died as a result of performing military service
in Iraq or Afghanistan after September 11,
2001; and
``(ii) who was 18 years or less, or was
enrolled as a full-time or part-time student at
an institution of higher education, as of the
time of the parent or guardian's death.''.
(2) Effective date.--The amendment made by paragraph
(1) shall apply with respect to Federal Pell Grants
awarded for academic year 2009-2010, and each
succeeding academic year.
----------
17. An Amendment To Be Offered by Representative Stupak of Michigan, or
His Designee, Debatable for 10 Minutes
Page 335, after line 14, insert the following:
``(14) Superintendents, principals, and other
administrators.--Individuals who are school
superintendents, principals, or other administrators
for 5 consecutive complete school years in a school
district of a local educational agency in which 30
percent or more of the schools are schools that qualify
under section 465(a)(2)(A) for loan cancellation for
Perkins loan recipients who teach in such a school.
----------
18. An Amendment To Be Offered by Representative Doggett of Texas, or
His Designee, Debatable for 10 Minutes
Page 367, after line 19, insert the following new section:
SEC. 474. USE OF MOST RECENT TAX INFORMATION IN NEED ANALYSIS.
Section 480(a)(1) of the Higher Education Act of 1965 (20
U.S.C. 1087vv(a)(1)), as amended by section 473 of this Act, is
further amended by adding at the end the following new
sentence: ``Notwithstanding the preceding sentence, the
Secretary shall, by regulation, provide for the use of the
second preceding tax year when and to the extent necessary to
carry out the simplification of applications used for the
estimation and determination of financial aid eligibility
through the sharing of data with the Internal Revenue Service
with the consent of the taxpayer.''.
Page 395, line 17, strike ``; REPORT''; on line 18, strike
``(a) Sense of Congress.--''; and on page 396, beginning on
line 18, strike subsection (b).
----------
19. An Amendment To Be Offered by Representative Baird of Washington,
or His Designee, Debatable for 10 Minutes
At the end of title VIII of the bill, add the following new
section:
SEC. 814. STUDY OF AID TO LESS-THAN-HALF-TIME STUDENTS.
(a) Study Required.--The Secretary shall conduct a study on
making and expanding the student aid available under title IV
of the Higher Education Act of 1965 to less-than-half-time
students. The Secretary shall submit a report on the results of
such study, including the Secretary's recommendations, to the
authorizing committees not later than one year after the date
of enactment of this Act.
(b) Subjects for Study.--The study required by this section
shall, at a minimum, examine the following:
(1) The existing sources of Federal aid for less-
than-half-time students seeking a college degree or
certificate.
(2) The demand for Federal aid for less-than-half-
time students and whether the demand is satisfied by
existing sources of Federal aid, taking into
consideration not only the number of less-than-half-
time students currently seeking a college degree or
certificate, but also any increase in the number of
less-than-half-time students that may result from an
expansion of Federal aid for less-than-half-time
students seeking a college degree or certificate.
(3) The potential costs to the Federal Government and
the potential benefits that could be received by
students resulting from expanding Federal aid for less-
than-half-time students seeking a college degree or
certificate.
(4) The barriers to expanding Federal aid for less-
than-half-time students, including identifying--
(A) statutory and regulatory barriers, such
as student eligibility, institutional
eligibility, need analysis, program integrity,
and award amounts; and
(B) other factors that may limit
participation in an expanded Federal aid
program for less-than-half-time students.
(c) Recommendations to Be Provided.--The Secretary's
recommendations under this section shall include
recommendations for designing a demonstration student loan
program tailored to less-than-half-time students. The
recommendations shall include any required statutory or
regulatory modifications, as well as proposed accountability
mechanisms to protect students, institutions, and the Federal
investment in higher education.
(d) Definitions.--As used in this section:
(1) the term ``Secretary'' means the Secretary of
Education;
(2) the term ``authorizing committees'' has the
meaning provided in section 103 of the Higher Education
Act of 1965, as amended by this Act;
(3) the term ``less-than-half-time student'' means a
student who is carrying less than one-half the normal
full-time work load for the course of study that the
student is pursuing, as determined by the institution
such student is attending.
----------
20. An Amendment To Be Offered by Representative Inslee of Washington,
or His Designee, Debatable for 10 Minutes
Page 365, after line 11, insert the following:
SEC. 466. SENSE OF CONGRESS REGARDING PERKINS LOANS.
It is the sense of Congress that--
(1) the Federal Perkins Loan Program, which provides
low-interest loans to help needy students finance the
costs of postsecondary education, is an important part
of Federal student aid, and should remain a campus-
based aid program at colleges and universities; and
(2) in order to strengthen the Federal Perkins Loan
Program, the Federal Government should support
increased funds to the Program and restore the capital
contribution funds for the Program, to provide more
low-income students with affordable borrowing options.
Page 512, strike lines 4 through 7 and insert the following:
``(e) Prohibition.--No funds made available under this part
may be used to provide financial assistance--
``(1) to students who do not meet the requirements of
section 484(a)(5); or
``(2) to any institution of higher education after
the date of enactment of this subsection unless the
institution demonstrates to the Secretary that the
institution meets or exceeds the most current version
of ASHRAE/IES Standard 90.1 (as such term is used in
section 342(a)(6) of the Energy Policy and Conservation
Act (42 U.S.C. 6313(a)(6)) for any new facilities
construction or major renovation of that institution
after that date, except that this paragraph shall not
apply with respect to barns or greenhouses or similar
structures owned by the institution.''.
Page 658, line 22, after ``energy management,'' insert
``greenhouse gas emissions reductions,''.
Page 661, line 15, after ``energy management,'' insert
``greenhouse gas emissions reductions,''.
----------
21. An Amendment To Be Offered by Representative Crowley of New York,
or His Designee, Debatable for 10 Minutes
Page 346, after line 20, insert the following new section
(and redesignate the succeeding sections accordingly):
SEC. 427. LOAN FORGIVENESS FOR VOLUNTEER MENTORING.
Part B of title IV is further amended by inserting after
section 428L (as added by the preceding section) the following
new section:
``SEC. 428M. LOAN FORGIVENESS FOR VOLUNTEER MENTORING.
``(a) Program Authorized.--
``(1) Loan forgiveness authorized.--The Secretary
shall forgive, in accordance with this section, the
student loan obligation of a borrower in the amount
specified in subsection (c) who--
``(A) commits to volunteering as a mentor for
a period of at least one school year as
described in subsection (b);
``(B) attends a recognized community college;
and
``(C) is not in default on a loan for which
the borrower seeks forgiveness.
``(2) Method of loan forgiveness.--To provide loan
forgiveness under paragraph (1), the Secretary is
authorized to carry out a program--
``(A) through the holder of the loan, to
assume the obligation to repay a qualified loan
amount for a loan made, insured, or guaranteed
under this part (other than an excepted PLUS
loan (as such term is defined in section
493C(a))); and
``(B) to cancel a qualified loan amount for a
loan made under part D of this title (other
than such an excepted PLUS loan).
``(3) Regulations.--The Secretary is authorized to
issue such regulations as may be necessary to carry out
the provisions of this section.
``(b) Volunteer Mentoring.--For purposes of this section, an
individual shall be treated as participating in a volunteer
mentoring program if they commit to mentoring an at-risk child
for a period of not less than one school year.
``(c) Qualified Loan Amount.--At the end of each school,
academic, or calendar year of volunteering as a mentor on or
after the date of enactment of the College Opportunity and
Affordability Act of 2007 as described in subsection (b), not
to exceed 5 years, the Secretary shall forgive $10 of the
student loan obligation of a borrower that is outstanding after
the completion of each such school, academic, or calendar year
of employment, for every hour of mentoring committed, not to
exceed $10,000 in the aggregate for any borrower.
``(d) Priority.-- The Secretary shall grant loan forgiveness
under this section on a first-come, first-served basis, and
subject to the availability of appropriations.''.
----------
22. An Amendment To Be Offered by Representative Cooper of Tennessee,
or His Designee, Debatable for 10 Minutes
Page 244, line 7, strike ``$300,000,000'' and insert
``$500,000,000''; and on line 11, strike ``$100,000,000'' and
insert ``$125,000,000''.
----------
23. An Amendment To Be Offered by Representative Ryan of Ohio, or His
Designee, Debatable for 10 Minutes
At the end of title VIII of the bill, add the following new
section:
SEC. 814. ESTABLISHMENT OF PILOT PROGRAM FOR COURSE MATERIAL RENTAL.
(a) Pilot Grant Program.--From the amounts appropriated
pursuant to subsection (e), the Secretary shall make grants on
a competitive basis to not more than 10 institutions of higher
education to support pilot programs that expand the services of
bookstores to provide the option for students to rent course
materials in order to achieve savings for students.
(b) Application.--An institution of higher education that
desires to obtain a grant under this section shall submit an
application to the Secretary at such time, in such form, and
containing or accompanied by such information, agreements, and
assurances as the Secretary may reasonably require.
(c) Use of Funds.--The funds made available by a grant under
this section may be used for--
(1) purchase of course materials that the entity will
make available by rent to students;
(2) any equipment or software necessary for the
conduct of a rental program;
(3) hiring staff needed for the conduct of a rental
program, with priority given to hiring enrolled
undergraduate students; and
(4) building or acquiring extra storage space
dedicated to course materials for rent.
(d) Evaluation and Report.--
(1) Evaluations by recipients.--After a period of
time to be determined by the Secretary, each
institution of higher education that receives a grant
under this section shall submit a report to the
Secretary on the effectiveness of their rental programs
in reducing textbook costs for students.
(2) Report to congress.--Not later than September 30,
2010, the Secretary shall submit a report to Congress
on the effectiveness of the textbook rental pilot
programs under this section, and identify the best
practices developed in such pilot programs. Such report
shall contain an estimate by the Secretary of the
savings achieved by students who participate in such
pilot programs.
(e) Authorization of Appropriations.--There are authorized to
be appropriated to carry out this section $50,000,000 for
fiscal year 2009 and 2010.
----------
24. An Amendment To Be Offered by Representative Van Hollen of
Maryland, or His Designee, Debatable for 10 minutes
At the end of section of section 271 of the Higher Education
Act of 1965, as added by section 201 of the bill, add the
following new subsection:
``(f) Authorization of Appropriations.--Of the sums
authorized to be appropriated by section 240, the amount
authorized to be appropriated to carry out this section shall
not exceed--
``(1) $20,000,000 for fiscal year 2009;
``(2) $25,000,000 for fiscal year 2010; and
``(3) such sums as may be necessary for each of the 3
succeeding fiscal years''.
----------
25. An Amendment To Be Offered by Representative Gillibrand of New
York, or Her Designee, Debatable for 10 Minutes
Page 406, line 17, strike ``and'' and after such line insert
the following new paragraph (and redesignate the succeeding
paragraph accordingly):
(2) in subparagraph (C), by striking clauses (i) and
(ii) and inserting the following:
``(i) the law enforcement authority
of campus security personnel;
``(ii) the working relationship of
campus security personnel with State
and local law enforcement agencies,
including whether or not the
institution has a written agreement,
such as a memorandum of understanding,
with such agencies;
``(iii) the institution's plan, which
shall address coordination with State
and local law enforcement agencies, for
the investigation of--
``(I) any felony described in
subparagraph (F) of this
paragraph occurring in the
areas described in
subparagraphs (A) through (D)
of paragraph (12) of this
subsection; and
``(II) a report of a missing
student; and
``(iv) policies which encourage
accurate and prompt reporting of all
crimes to the campus police and the
appropriate police agencies;''.
----------
26. An Amendment To Be Offered by Representative Patrick Murphy of
Pennsylvania, or His Designee, Debatable for 10 Minutes
In section 490, after subsection (d), insert the following
new subsection (and redesignate the succeeding subsection
accordingly):
(e) Commitment to and Notice of Tuition Levels.--
(1) Amendment.--Section 487(a) is further amended by
adding at the end the following new paragraph:
``(29)(A) The institution will provide to each
admitted student considering an undergraduate or
graduate program--
``(i) a multi-year tuition and fee schedule;
or
``(ii) a single-year tuition and fee
schedule, and nonbinding, multi-year estimate
of net costs after all financial aid is
awarded, assuming constant family and student
income, assets, and relevant circumstances.
``(B) Multi-year schedules and estimates required by
subparagraph (A)--
``(i) may include a percentage or dollar
increase or decrease of any size the
institution deems appropriate from one year to
the next; and
``(ii) shall indicate, on a year-by-year
basis, costs for the normal duration of the
relevant student's undergraduate or graduate
program.
``(C) Institutions that elect a single-year tuition
and fee schedule under subparagraph (A)(ii) shall
include with each multi-year estimate the average
deviation, in percentage terms, between previous year
estimates and actual net costs for students at their
institution.
``(D) The Secretary shall waive the requirements of
subparagraph (A), and of the commitment made therender,
if the institution demonstrates to the Secretary that
the requirements of subparagraph (A) are not
practicable because of the occurrence of one or more
events causing the institution severe economic
distress, dramatic reduction of State or Federal aid,
or any other circumstance the Secretary deems valid.''.
(2) Effective date.--The amendment made by this
subsection shall be effective on July 1, 2009.
----------
27. An Amendment To Be Offered by Representative Shuler of North
Carolina, or His Designee, Debatable for 10 Minutes
After section 111 of the bill, insert the following new
section (and redesignate the succeeding sections accordingly):
SEC. 112. STATE HIGHER EDUCATION INFORMATION SYSTEM PILOT PROGRAM.
Part C of title I (20 U.S.C. 1015) is further amended by
adding after section 135 (as added by section 111 of this Act)
the following new section:
``SEC. 136. STATE HIGHER EDUCATION INFORMATION SYSTEM PILOT PROGRAM.
``(a) Purpose.--It is the purpose of this section to carry
out a pilot program to assist not more than 5 States to develop
State-level postsecondary student data systems to--
``(1) improve the capacity of States and institutions
of higher education to generate more comprehensive and
comparable data, in order to develop better-informed
educational policy at the State level and to evaluate
the effectiveness of institutional performance while
protecting the confidentiality of students' personally
identifiable information; and
``(2) identify how to best minimize the data-
reporting burden placed on institutions of higher
education, particularly smaller institutions, and to
maximize and improve the information institutions
receive from the data systems, in order to assist
institutions in improving educational practice and
postsecondary outcomes.
``(b) Definition of Eligible Entity.--In this section, the
term `eligible entity' means--
``(1) a State higher education system; or
``(2) a consortium of State higher education systems,
or a consortium of individual institutions of higher
education, that is broadly representative of
institutions in different sectors and geographic
locations.
``(c) Competitive Grants.--
``(1) Grants authorized.--The Secretary shall award
grants, on a competitive basis, to not more than 5
eligible entities to enable the eligible entities to--
``(A) design, test, and implement
postsecondary student data systems that provide
the maximum benefits to States, institutions of
higher education, and State policymakers; and
``(B) examine the costs and burdens involved
in implementing a State-level postsecondary
student data system.
``(2) Duration.--A grant awarded under this section
shall be for a period of not more than 3 years.
``(d) Application Requirements.--An eligible entity desiring
a grant under this section shall submit an application to the
Secretary at such time, in such manner, and containing such
information as the Secretary determines is necessary, including
a description of--
``(1) how the eligible entity will ensure that
student privacy is protected and that individually
identifiable information about students, the students'
achievements, and the students' families remains
confidential in accordance with the Family Educational
Rights and Privacy Act of 1974 (20 U.S.C. 1232g); and
``(2) how the activities funded by the grant will be
supported after the 3-year grant period.
``(e) Use of Funds.--A grant awarded under this section shall
be used to--
``(1) design, develop, and implement the components
of a comprehensive postsecondary student data system
with the capacity to transmit student information
within States;
``(2) improve the capacity of institutions of higher
education to analyze and use student data;
``(3) select and define common data elements, data
quality, and other elements that will enable the data
system to--
``(A) serve the needs of institutions of
higher education for institutional research and
improvement;
``(B) provide students and the students'
families with useful information for decision-
making about postsecondary education;
``(C) provide State policymakers with
improved information to monitor and guide
efforts to improve student outcomes and success
in higher education;
``(4) estimate costs and burdens at the institutional
level for reporting to the postsecondary student data
system; and
``(5) test the feasibility of protocols and standards
for maintaining data privacy and data access.
``(f) Evaluation; Reports.--Not later than 6 months after the
end of the projects funded by grants awarded under this
section, the Secretary shall--
``(1) conduct a comprehensive evaluation of the pilot
program authorized by this section; and
``(2) report the Secretary's findings, as well as
recommendations regarding the implementation of State-
level postsecondary student data systems to the
authorizing committees.
``(g) Authorization of Appropriations.--There are authorized
to be appropriated to carry out this section such sums as may
be necessary for fiscal year 2009 and each of the 4 succeeding
fiscal years.''.