[Pages H1211-H1281]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
COLLEGE ACCESS AND OPPORTUNITY ACT OF 2005
The SPEAKER pro tempore. Pursuant to House Resolution 741 and rule
XVIII, the Chair declares the House in the Committee of the Whole House
on the State of the Union for the consideration of the bill, H.R. 609.
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In the Committee of the Whole
Accordingly, the House resolved itself into the Committee of the
Whole House on the State of the Union for the consideration of the bill
(H.R. 609) to amend and extend the Higher Education Act of 1965, with
Mr. Bishop of Utah in the chair.
The Clerk read the title of the bill.
The CHAIRMAN. Pursuant to the rule, the bill is considered read the
first time.
The gentleman from California (Mr. McKeon) and the gentleman from
California (Mr. George Miller) each will control 30 minutes.
The Chair recognizes the gentleman from California.
Mr. McKEON. Mr. Chairman, I yield myself such time as I may consume.
I rise in support of this bill to reform, reauthorize and strengthen
programs under the Higher Education Act. I want to thank my former
chairman and our current majority leader, Mr. Boehner, for working with
me to craft this legislation.
It has been a long process, but the bill that we are bringing to the
floor today is a good one, one worthy of healthy debate and bipartisan
support. I would like to thank the new chairman of the 21st Century
Subcommittee, Representative Ric Keller from Florida, for his work on
key elements of this legislation, notably the improvements we make on
the Pell Grant program.
I would also like to take a moment to recognize Representatives
Kildee and Miller for their continued work on college access issues.
In addition to the strong underlying bill we have before us today,
the legislation also incorporates a manager's amendment which is the
product of substantial bipartisan negotiations. Through our work
together over the past several weeks and months, we have drafted a
manager's amendment that addresses many concerns.
Those concerns include some of those of my friends across the aisle.
For example, the manager's amendment eliminates an Inspector General's
rule as part of the college affordability index provisions.
It clarifies that a State cannot require an institution to be
accredited by that same State and also makes clear that schools can
continue to choose their own accreditor. It adds a new post-secondary
institution to the list of historically black graduate institutions. It
increases the minimum grant for tribally controlled colleges and
universities. It enhances coordination within the TRIO and GEAR UP
programs to better serve foster care students, and it allows the U.S.
Department of Education to reserve funds within the high school
equivalency program, college assistance, migrant program for technical
assistance activities.
Often this type of bipartisan work does not come easily, and I am
pleased that we were able to find common ground on issues important to
Members on both sides of the aisle. At the outset of this debate today,
I am hopeful that the spirit of bipartisanship can carry on. If we
disagree, we should not be disagreeable, and above all, our
consideration of this important bill should not turn into an election-
year fight led by those who may seek to play fast and loose with the
facts about what the bill does and does not do.
Mr. Chairman, we cannot lose sight of the fact that each year
American taxpayers invest tens of billions of dollars in aid to college
students and funding for U.S. institutions of higher education, as you
can see on the chart here.
Our Federal commitment to student aid is great, and gets greater with
each passing year. More than four decades ago, when the Higher
Education Act was enacted, the purpose of this hefty investment was
clear, to expand college access to all people.
However, today, faced with an increasingly competitive global
economy, in which post-secondary education is more necessary than ever,
ensuring that Federal dollars are spent effectively and efficiently is
a bottom-line issue for students, parents and taxpayers alike, again,
as you can see from this chart.
Mr. Chairman, costs at both private and public colleges are spiraling
upward and fast. Indeed, consistent increases in college costs have
made it clear that colleges and universities must remain accountable to
consumers of higher education. At the same time, students, parents and
taxpayers have the right to know that Federal dollars are being
invested in ways that respond to a changing marketplace, expanding
college access and protecting students' interest. The College Access
and Opportunity Act does just that. I urge my colleagues to join with
me in supporting that.
Mr. Chairman, I reserve the balance of my time.
Mr. GEORGE MILLER of California. Mr. Chairman, I yield 5 minutes to
the gentleman from Michigan (Mr. Kildee).
Mr. KILDEE. Mr. Chairman, after a highly contentious debate over a
$12 billion raid on student aid, I was hoping to build some bridges and
work together with the rest of the higher education reauthorization.
Unfortunately, after countless hours of negotiations, we reached an
impasse, and we are considering another bill that falls short of my
hopes.
We were able to reach agreement on year-round Pell Grants pilot
program, student aid application simplification, loan forgiveness in
areas of national need and minimum grants for tribal colleges. I am
pleased that Chairman McKeon was willing to work with me on these
important improvements, but my concerns in the bill still outweigh
these improvements.
Additionally, it is incumbent upon me to both lead and serve the
members of my committee, and my Democratic colleagues on the Education
and Workforce Committee have spoken loud and clear. They cannot support
this bill. They, too, are pleased with the modifications I mentioned,
but it just is not enough to call this a bipartisan bill.
In truth, H.R. 609 does little to help make college more affordable
for students and families already struggling to pay increasing tuition
costs.
H.R. 609 does not increase student aid; does not lower interest rates
to make loans more manageable; does not promote greater State
investment in higher education. It freezes the authorized level of the
maximum Pell Grant scholarship, at just $200 above current levels,
through 2013 and it does not include any mandatory increase in Pell.
H.R. 609 establishes a troublesome standard for transfer of credit,
creating an unprecedented Federal role in college curriculum standards
which discourages schools from setting high academic standards.
At a time when America's workforce is facing fierce global
competition, the Federal Government should not be encouraging our
colleges to reduce their academic standards.
[[Page H1212]]
H.R. 609 many puts forth a drastic plan to allow States to act as
accreditors. Colleges currently have to meet three independent
standards: one set for eligibility for Federal aid; the second one for
State licensing; and another for regional or national accreditation.
A classic example of consolidation of power, H.R. 609 would allow
States too much control over accreditation. The current trinity of
independent standards is key to maintaining America's high quality
higher education. Here, too, undermining such standards will undermine
America's global competitiveness.
It is unsettling for me to know that we are missing a real
opportunity to make college more affordable and accessible, to boost
America's economic competitiveness and to invest in America's continued
prosperity. But that is what we have here today, a missed opportunity.
With major national student groups, unions and countless colleges,
including my own University of Michigan, opposed to the bill, it has
become clear that this is not a bill we should send to the Senate.
Fortunately, Mr. Chairman, this debate is not over after today's vote.
I hope we can revisit our attempts at bipartisanship once this bill
goes to conference. I wish I was down here on the floor to say great
things about this bill, but I have to oppose H.R. 609, and I would ask
my colleagues to do the same.
Mr. McKEON. Mr. Chairman, I yield 5 minutes to the gentleman from
Florida (Mr. Keller), the chairman of the Higher Education
Subcommittee.
Mr. KELLER. Mr. Chairman, I thank the chairman for yielding me time.
Mr. Chairman, I rise to proudly support H.R. 609, the College Access
and Opportunity Act, which reauthorizes the Higher Education Act. Don't
believe the hype from the critics of this legislation.
Here is some straight talk. Not one single student in America will
receive less financial aid under this bill. Not one.
This legislation expands college access for millions of American
students by strengthening the Pell Grant program and reauthorizing the
Perkins student loan program. I will focus my comments on the heart of
this legislation, which is the Perkins loans and Pell Grants. Both of
these worthy programs enjoyed broad bipartisan support.
As one from humble beginnings who would not have been able to go to
college without Pell Grants or student loans, and as chairman of the
subcommittee with jurisdiction over higher education, I am a strong
supporter of both Perkins loans and Pell Grants. Now, it is true the
President's budget did call for eliminating the Perkins student loan
program but we said no. The leaders on the House Education Committee
worked in a bipartisan manner and agreed that we would reauthorize this
worthy program.
Let me first discuss the Perkins loans. This legislation reauthorized
the Perkins loan program, a critical program that offers financial
assistance to more than 10 million students. The Perkins program helps
our neediest students borrow extra money for college at a fixed low 5
percent interest rate. In this bill we increase the loan limits to help
the Perkins loans students so undergrads can get from $4,000 up to
$5,500 and graduate students can get from $6,000 now up to $8,000.
These Perkins loans are especially important for teachers, nurses,
police officers and other public servants who are eligible for Perkins
loans forgiveness.
I will next discuss Pell Grants. This legislation strengthens the
Pell Grant program by increasing the authorized maximum Pell Grant to
$6,000 and by providing year-round Pell Grant aid for students
attending school throughout the year.
Both of these improvements enjoy broad bipartisan support. In fact,
when we drafted this legislation during the full House Education
Committee markup, 100 percent of Democrats and Republicans voted in
favor of my amendment to increase the maximum award to $6,000, the
largest level in the history of the program.
Let me show you some charts to indicate our strong support for the
Pell Grant program. Pell Grants and student loans should be bipartisan.
I think in large part they are but some have made comments that
Republicans are not doing enough to support Pell Grants. So let me show
you a chart that reflects the reality. This shows the last 20 years of
the Pell Grant program. The yellow shows the years when the Democrats
were in control of the Congress and you see the Pell Grants at this low
amount. The red shows when Republicans took control of Congress, and
you see that they spiked dramatically.
If you really want to learn what happened historically, look at the
year 1992. At that year, Pell Grants were appropriated at $2,400, even
though they were authorized at $3,100. So they were not fully funded by
the Democrats. The next year, 1993, you had Bill Clinton in office.
That is a Democrat President. You had a Democrat Congress and what
happened to Pell Grants? They were slashed. They went from $2,400 to
$2,300.
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They were cut the next year and the next year, 3 years in a row.
Finally, they got to $2,340, still less than the $2,400. So the last 3
years in power they were actually cut. Does that mean President Clinton
doesn't care about Pell Grants or our House Democrat leaders don't? I
don't think so. I think they care a lot about poor people. I think they
wished they had more money.
My point is, don't say the Republicans haven't done enough on Pell
Grants, because we have got a pretty good record.
I was elected in 2000, and I made a promise to myself and my
constituents, we would do all we can to increase the Pell Grant
program, and let's see what happened since 2000.
Since 2000, Pell Grant funding has increased 71 percent from $7.6
billion to $13 billion. Since 2000, the Pell Grant maximum award has
gone up $3,300 to $4,050, and this year there will be an extra $1,000
for the high-achieving, low-income students; and the number of Pell
Grant recipients has gone up 36 percent from 3.9 million to 5.3
million.
Mr. Chairman, Pell Grants and Perkins student loans are the passport
out of poverty for so many worthy young people. They are the heart of
this legislation. I urge my colleagues to vote ``yes.''
Mr. GEORGE MILLER of California. Mr. Chairman, I yield myself 1
minute.
The gentleman tells an interesting story on Pell Grants, but the
problem is the amount of money for Pell Grants has gone up simply
because more students are eligible for that. More students are applying
for that, but the Pell Grant that they get is worth less now than it
was in the year 2000, worth less than it was in 1995.
The fact of the matter is, it is covering only about 30 percent of
the cost of the college, and it is getting worse every day.
Mr. Chairman, I yield 3 minutes to the gentleman from Wisconsin (Mr.
Kind).
(Mr. KIND asked and was given permission to revise and extend his
remarks.)
Mr. KIND. Mr. Chairman, I thank the gentleman for yielding me this
time.
Mr. Chairman, I reluctantly rise in opposition of the bill, not
because I do not appreciate the hard work that has gone on in committee
and the attempt of the chairman and the ranking member, everyone
involved, to try to produce a bipartisan bill, but because the bill
before us is really a missed opportunity bill, as my friend from
Michigan described it.
This bill is one of the most important pieces of legislation that
will come out of the Congress this year because it is a bill that will
directly affect who we are going to be as a Nation in this century,
whether we will retain our leadership in being the most innovative and
creative country in the world or whether we will start sounding the
retreat and waving countries like China and India good-bye as they make
major investment in their education infrastructure, especially in the
fields of math, science, engineering and technology, because they want
to be on the cutting edge of scientific and technological discovery.
Last year, I was with the chairman on a 2-week tour of some of the
higher education institutions in China. China has graduated nine times
the number of engineers we did in this country. They graduated more
English-speaking
[[Page H1213]]
engineers than we did in our own country. This is one of the keys to
how creative we will be and what type of economic growth and job
creation we will realize and what type of national security we will
have.
This bill also speaks to the anxiety that many American families feel
throughout the country, and that is a fear that they are not going to
be able to afford to give their child postsecondary educational
opportunities because they do not have the financial means to do so.
A recent study shows that close to one-half of the low-income
students in this country who are qualified and want to go on to school
cannot because of financial reasons; and for a country as wealthy and
as powerful as ours to be closing the door of educational opportunity
because of finance alone is a recipe for economic disaster.
More can be done. There are good features in this bill, but this bill
also appears before us in the shadow of the largest raid on student aid
in our Nation's history, over $12 billion worth of cuts in the budget
reconciliation bill that just passed weeks before in this Congress. The
budget resolution that we are marking up in committee today is
requiring an additional $1.3 billion in cuts in the Education and
Workforce Committee budget, and we are going to have to try to figure
out where those are going to come from.
The bottom line is, if we are going to remain innovative, if we are
going to retain our economic strength and grow the economy, we have to
make crucial investments in the education field.
I am glad that we were able to put a token scholarship program for
students entering the math, science, engineering and technology fields;
and I commend the chairman for working with some of us to get that
accomplished, but it is just that, a token effort because the studies
are coming in and they are hitting us between the eyes. The national
academy, ``Rising Above the Gathering Storm''; the Glenn Commission,
years before, titled ``Before It Is Too Late''; other studies that are
telling us that we really do need to ramp up this investment in
education before it is too late.
This is a missed opportunity, and hopefully, we will have a chance to
correct it.
Mr. KIND. Mr. Chairman, college is an investment that pays off over a
lifetime. Median annual earnings for a year-round, full-time worker
with a bachelor's degree are about 60 percent higher than earnings for
those with a high school diploma. Congress passed the Higher Education
Act in 1965 to provide all Americans with greater post-secondary
educational opportunities.
This bill is a missed opportunity to make college more affordable, to
boost America's economic competitiveness, and to invest in American's
continued prosperity. If I supported this bill, I would not be able to
look the students in my congressional district in the eye because I
would know I had not done all I could to help better their futures.
Cost factors already prevent 48 percent of college-qualified high
school graduates from attending a four-year institution and 22 percent
from attending any college at all. No person in this country should
ever be excluded from attending college because they cannot afford it.
During Committee consideration, we offered an alternative that would
have saved the typical student more than $6,000 on his or her college
loans and provided a $500 boost to the maximum Pell grant--at no
additional cost to taxpayers. I am disappointed that our colleagues on
the other side of the aisle were unwilling to work with us to include
this proposal in the final bill.
There are, however, several provisions in the bill that I support. I
am pleased to have worked with Chairman McKeon, and Representatives
Ehlers and Holt in successfully passing an amendment to the Higher
Education Act to provide scholarships and grants for students to study
and enter into careers in science, technology, engineering and math,
STEM, fields.
America is suffering from a shrinking talent pool of students who are
proficient in fields of math, sciences, engineering and technology, and
is consequently in danger of losing its unique position of world
leadership in innovation and creativity. We must do more to make
Americans employable in 21st century jobs by putting greater emphasis
on student achievement in these areas and giving our students the tools
and skills they need to compete in the today's economy. Our global
competitors are doing it--we can't afford to stand idly and watch them
pass us by.
In addition, I was pleased to have worked with my good friend,
Representative Tierney, in preventing changes to the campus-based aid
formula that would have cut $7.56 million in campus-based aid for the
University of Wisconsin System. This money is critical for students in
Wisconsin and the loss of these funds would have further reduced
opportunities for students to attend college.
Another provision included in H.R. 609 that I worked on with my
colleague from Wisconsin, Representative Petri, will allow our 13 two-
year colleges in the University of Wisconsin System to qualify
individually for TRIO grants.
Finally, during debate in Committee, my amendment requesting the
Department of Education to study the trends of adult learners was
accepted. Older people are heading back to the classroom in large
numbers, and we must not ignore their individual needs.
In closing, I would like to remind all my colleagues what President
Bush said in his State of the Union speech in January. He said ``We
must continue to lead the world in human talent and creativity. Our
greatest advantage in the world has always been our educated,
hardworking, ambitious people--and we are going to keep that edge.''
Yet, the President and the Congressional majority have already begun to
walk away from that promise by supporting the higher education bill
before us today.
As you know, Mr. Chairman, America is number one in the global
economy, and we can stay number one if we make aggressive investments
in education, innovation, and future generations. At a time when
education is at a premium and we need to be growing the economy, we
should be making it easier, not harder, for students to attend college.
Mr. McKEON. Mr. Chairman, I am happy to yield 3 minutes to the
gentleman from Ohio (Mr. Boehner), the majority leader of the House,
former chairman of the committee.
Mr. BOEHNER. Mr. Chairman, I want to thank my colleague for yielding
and congratulate him on his selection as chairman of the Committee on
Education and the Workforce, a committee that I used to chair and
worked closely with Mr. McKeon over the last 5 years on a variety of
issues, including the issue that is being debated on the floor today,
and that is the reauthorization of the Higher Education Act.
Forty years ago, Congress established the Higher Education Act to
ensure all students, regardless of their financial circumstances, would
have the opportunity to pursue a postsecondary education.
Today, after 3 years of hard work on the part of the members of the
Education and Workforce Committee and its staff, on both sides of the
aisle, I believe we have produced a bill that finally lives up to that
legacy.
The College Access and Opportunity Act does just what its name
suggests. It expands access and provides new opportunities for millions
of low- and middle-income students, and by opening the door to a
college education, even more Americans will be able to take advantage
of the strong economy that has had 30 consecutive months of robust job
creation.
Let us take a look at some of the most important provisions in this
bill. It provides extra Pell Grant aid for high-achieving first- and
second-year students; provides year-round Pell aid for students
attending school throughout the year and encourages students to make
progress toward completing a degree; reduces redtape for students and
graduates; removes barriers for nontraditional students; empowers
consumers with more transparency in college costs and accreditation;
repeals duplicative and unnecessary programs; establishes an Academic
Bill of Rights; and safeguards the privacy of students; promotes merit-
based pay for teachers; and demands accountability in Federal college
access programs.
Mr. Chairman, a report released last week confirms that Republican
pro-growth policies have led us to the best job market in 5 years, and
this bill builds on that momentum and helps strengthen American
competitiveness to ensure America's students are prepared for the
strong challenges of the 21st century.
Mr. Chairman, if I could, there is a member of the committee staff
who last month celebrated her 25th anniversary as a member of the
committee staff; and Sally Lovejoy has worked on this bill, worked on
No Child Left Behind and a variety of education programs throughout her
25 years as a member of our staff. I want to say thank you on behalf of
myself, as the former chairman of the committee, and all the Members on
both sides of the
[[Page H1214]]
aisle who have had the chance to work with you.
Mr. GEORGE MILLER of California. Mr. Chairman, will the gentleman
yield?
Mr. BOEHNER. I yield to the gentleman from California.
Mr. GEORGE MILLER of California. Mr. Chairman, I thank the gentleman
for yielding. I hope this will not come out of his time, but I
certainly want to associate myself with your remarks in thanking Sally
for all of her work in a most cooperative way, but keeping us on our
toes a lot of the time over here. So we thank you and wish her well for
all of her service to the committee.
I thank the gentleman.
Mr. Chairman, I yield 3 minutes to the gentleman from Virginia (Mr.
Scott).
Mr. SCOTT of Virginia. Mr. Chairman, I thank the gentleman for
yielding.
Mr. Chairman, the bill before us purports to strengthen and improve
the Nation's higher education system by expanding college access for
low- and middle-income students, but in reality, it fails to provide
the urgently needed assistance for millions of low- and middle-income
families that are trying to figure out how to pay for their children to
go to college.
This past December, the House majority voted to cut the student loan
program by $12 billion, and these cuts included many significant
changes in the Higher Education Act, none of which expand access to
college or make college more affordable for students and their
families. This bill, put forward by the majority, does nothing to make
up for those draconian cuts.
Mr. Chairman, the Democratic substitute will be offered later this
afternoon, which will offer real financial assistance to needy
families. For example, it will lower the costs of student loan interest
rates for middle- and low-income families, specifically by lowering the
direct and Federal Family Education Loans by cutting them in half from
6.8 percent to 3.4 percent.
That substitute will also repeal what is called the Pell tuition
sensitivity by making sure that all students receive the full benefit
of the Pell Grant program without regard to whether they are attending
a 2-year community college or a private 4-year institution.
That substitute will also boost college participation rates for
minority students, establishing graduate Hispanic Serving Institution
programs. It also establishes a Predominantly Black Institution program
that would boost college opportunities for low-income and first-
generation African American college students.
Our substitute will also increase the tribal college minimum grant
and stabilization of tribal college construction by ensuring that the
title III program currently used for construction is guaranteed.
Mr. Chairman, we all know that a college education significantly
increases the future earning power for students today, and the cost of
tuition should not stand between a qualified student and a college
education. The Democratic alternative will offer families a real
solution to the problem of rising tuition costs and make good on our
promise to put college education within the reach of American students
and families. The underlying bill does not.
I urge my colleagues, therefore, to support the Democratic
substitute, and if it is not adopted, to oppose the bill.
Mr. McKEON. Mr. Chairman, I am happy to yield 2 minutes to the
gentlewoman from Florida (Ms. Ginny Brown-Waite).
Ms. GINNY BROWN-WAITE of Florida. Mr. Chairman, I rise today in
support of H.R. 609, the College Access Opportunity Act. I would like
to thank our majority leader and former chairman, as well as the
current chairman, Mr. McKeon, for their extensive work on this
legislation.
I am very pleased that within the underlying legislation is the
reauthorization of the TRIO program which reaches out to motivate and
support students from disadvantaged backgrounds.
This inclusion is especially important to my constituents in the
Fifth District of Florida because the bill ensures that veterans are
eligible to participate in TRIO programs and services. The Fifth
District is home to approximately 110,000 veterans, and as their
representative, it is a top priority of mine to see that they receive
the assistance that they need.
The Upward Bound program within TRIO extended its scope in 1972 with
the creation of the Veterans Upward Bound program. This is aimed at
providing educational and support services to enable veterans to
transition to a post-secondary education. It also addresses the fact
that most of our veterans have different education and life experiences
than do secondary-school-aged Upward Bound participants.
The percentage of the veteran population that has not completed high
school has dropped from 33 percent to 12 percent in the last 30 years
as a result of a number of Federal initiatives. The bill we have before
us today will ensure that this trend continues to help not only
veterans, but also so many students from modest backgrounds, obtain a
higher education.
I urge my colleagues to join me in voting in favor of this very
important piece of legislation.
Mr. GEORGE MILLER of California. Mr. Chairman, I yield 3 minutes to
the gentleman from Maryland (Mr. Van Hollen).
Mr. VAN HOLLEN. Mr. Chairman, I, too, want to thank the chairman of
the committee and the ranking member and the chairman and ranking
member of the subcommittee for their work on this important issue.
However, I, too, reluctantly must oppose this bill because I believe
it falls short, and I think it would be wrong to give the American
people the impression that we are meeting the challenges in higher
education when we are not.
It was just 2 months ago that the President of the United States
stood before this Chamber at the podium before us and delivered his
State of the Union address. In that address, he told the people of this
country the United States must do more to maintain our competitive edge
in the global economy. He was right about that. Those were fine words,
and in fact, the Education and Workforce Committee has been debating
and looking into those issues for some time now, but the issue is not
identifying the problem.
{time} 1230
That is the easy part. The challenge is doing something about the
problem. And in that regard, this body and the Bush administration,
unfortunately, get failing grades, because we all understand that a key
part of maintaining our competitive edge in the global economy is to
make sure we invest in the skills and education of our workforce.
We need to make sure our people have the training they need in what
is increasingly a knowledge-based economy, and to do that, we need to
make the necessary investments. Yet the day after the President stood
before this Chamber and delivered his State of the Union address was
the day this House passed a reconciliation bill that cut $12 billion
out of the Federal student loan program: $12 billion.
Now, we all know that usually when this higher education bill comes
before this House, it contains those funding provisions, the provisions
for student assistance in this country. But, unfortunately, those were
taken out of this bill and dealt with separately and cut by $12
billion. So now this body doesn't have to deal with that issue with the
bill before us today. But those are the facts.
We also need to invest more in our K-12 education system. And it was
just shortly after the President delivered his State of the Union
address that he delivered a budget that cut the No Child Left Behind
from its authorized level. It was $15 billion short of what we had
promised there.
If we are going to be serious about this issue, we need to make a
commitment at the national level to address the competitiveness
challenges in our country. We don't do right by the American people
when we say one thing on the big day of the State of the Union address
and then we bring a bill before the Congress that doesn't contain the
necessary investments in funding to make sure that we meet the
challenges.
And so, Mr. Chairman, I must reluctantly oppose this bill because it
would be wrong to send a message we are doing something about the
challenges when in fact we are not.
[[Page H1215]]
Mr. McKEON. Mr. Chairman, I am happy to yield 2 minutes to the
chairman of the Education Reform Subcommittee, the gentleman from
Delaware (Mr. Castle).
Mr. CASTLE. To Chairman McKeon, congratulations on rising to the top
of this very significant committee. I would also like to express my
accolades to Sally Lovejoy, who has had occasion to straighten me out,
even when I didn't want to be straightened out from time to time, and
we appreciate that and do wish her the best.
I do rise in support of this legislation and congratulate all those
who worked hard on this, because this was a very open process with a
huge number of amendments as we got to where we are now. I think it is
unfortunate that we are not all together on it, but I understand how
those things work.
One concern that continues to rise and has done so since I came to
Congress is the continuously rising cost of a college education.
Tuition increases are outpacing the rate of inflation, increases in
family income, and even increases in State and Federal financial aid,
which have grown frequently in recent years, as we have seen. These
cost increases are pricing students and families out of the college
market in a time when we have reports suggesting that for the first
time high school students recognize the importance of obtaining a
college education. These students should not shy away because of
skyrocketing costs.
It is my belief that one of the best things we can do is to talk
about the issue and to force transparency into the process. H.R. 609
does just that. Parents and students, as consumers, deserve the
opportunity to understand why tuition is increasing at their
universities and colleges. As educated consumers, it is my hope that
they will in turn have the power to demand more, to demand answers and,
ultimately, drive down costs. Understanding that there are many moving
parts to a solution, transparency is a good step in the right
direction.
Truly, the Higher Education Act covers a great deal of ground, from
student loans to campus-based aid to teacher education to graduate
schools to international education. In such a large act, one of the
most important jobs of Congress in the reauthorization is to ensure
that fraud and abuse protections are in place and are working. During
committee, two amendments I offered to meet this goal were accepted.
The first would prevent for-profit institutions from competing for
Federal funds; the second would retain and clarify what is known as the
90-10 rule. Both of these amendments were intended to recognize the
evolution of the for-profit industry in higher education while
protecting Federal funds.
Again, I support H.R. 609 and urge my colleagues to do the same.
The CHAIRMAN. The gentleman from Michigan controls the time.
Mr. KILDEE. Mr. Chairman, I yield 2 minutes to the gentlewoman from
California (Ms. Waters).
Ms. WATERS. Mr. Chairman, I rise to oppose this legislation. I have
an appreciation for those members on the Education Committee, many of
whom have worked hard to try and put a decent product before this body,
but this just doesn't make it.
I am disappointed that my amendment that would have helped to
increase the teacher capacity and supply in the areas affected by
Katrina and Rita and future disasters was not made in order. But I am
more disappointed in that section of the bill that deals with the
private post-secondary schools.
There is something called the 90-10 rule. The rationale for the 90-10
rule was that if the education provided was worth paying for, a company
should be able to attract at least 10 percent of its students on a
paying basis. But, no, these private post-secondary lobbyists have come
in here, and they have thrown in the nonprofit schools and they have
manipulated the rules so that this won't apply, so that basically they
can get 100 percent of their money from the taxpayers. They go out and
they recruit illiterates, they recruit the most vulnerable people, who
should perhaps be trying to get a GED someplace, but they recruit them,
and they help them to fill out the Pell Grants. They get the money.
Many of them don't have qualified teachers, they do not have computers,
and some even close down the schools, take the money, and then they
show up under another name.
They are ripping off billions of dollars from the American taxpayers,
and why they are able to wield their influence in this subcommittee, I
just don't understand. It is a scandal. It has been reviewed and
exposed by ``60 Minutes'' and others on television, but we keep
allowing the lobbyists to come in here and do what they want to do, to
get richer and richer and basically undermine the ability of these
vulnerable people who really do want to get an education.
The CHAIRMAN. The gentleman from Florida is in charge of the time.
Mr. KELLER. Mr. Chairman, I yield 2 minutes to the gentleman from
Michigan (Mr. Ehlers).
Mr. EHLERS. Thank you, Mr. Chairman, and I thank the chairman for
yielding me time. I rise in support of H.R. 609, the College Access and
Opportunity Act. I thank Majority Mr. Leader Boehner and Chairman
McKeon for their endless hard work on this bill.
I will vote in favor of the bill and wish to highlight provisions I
strongly support. I may also comment about a few that I hope will be
modified as we go through the process.
I strongly support an independent evaluation of distance education
programs, and I would like to thank Chairman McKeon for including my
study in his manager's amendment. Section 931 will require the National
Academy of Sciences to conduct a scientifically correct and
statistically valid evaluation of the quality of distance education
programs as compared to the quality of campus-based education programs.
I am not opposed to distance education, but I want to make certain that
we do a good job of this and we develop good accreditation standards.
Also, I am very supportive of strengthening U.S. competitiveness
through math and science programs and teacher training. During the
committee process, I worked with Chairmen Boehner and McKeon, and with
Representative Wolf, to craft provisions that provide scholarships and
interest payments on loans for students pursuing an undergraduate or
graduate degree in science, math and engineering.
I understand that Representative McMorris will be offering an
amendment to further strengthen U.S. competitiveness, and I urge
Members to support her amendment as well.
I do have some concerns about the college affordability index. My
local colleges contacted me, very concerned. They are low-cost
institutions but realize tuition increases are inevitable, and the
index will handicap them more than it would handicap other higher-
tuition schools. We should encourage schools with low tuition and not
increase their problems.
I should also mention a concern about State accreditation. Again, the
institutions in Michigan are concerned about that, and we have to
clarify the bill to make certain that the accreditation language
applies only to those States that are already doing it.
I strongly support this bill and urge my colleagues to support it as
well.
Mr. KILDEE. Mr. Chairman, I yield 3 minutes to the gentlewoman from
California (Ms. Woolsey).
Ms. WOOLSEY. Mr. Chairman, the bill before us is mistitled the
College Access and Opportunity Act. It ought to be called the Reducing
College Access and Missed Opportunity Act.
Last month, the Republican Congress passed and the President signed a
$12 billion cut in student aid, the largest student aid cut in history.
This raid on student aid made college more expensive for low- and
middle-income students at the very time a college education is more
critical than ever for young men and young women throughout our entire
country. Today, Congress is finishing the raid on student aid. This
bill is a missed opportunity to make college more affordable.
Democrats have offered an alternative that would lower interest rates
on student loans, increase Pell Grants, help colleges hit by the gulf
coast hurricanes to rebuild and recover, and boost college
participation rates for minority students. If history is any guide,
however, the Republican House will reject this alternative, because
like President Bush they value tax cuts
[[Page H1216]]
for the wealthiest Americans over assisting low- and middle-income
Americans in their quest for a college education.
Mr. Chairman, those are not the values of the American people, and I
encourage my colleagues to reject the Republican raid on student aid
and to support the Democratic alternative because we have to keep in
mind that these students are the very future of the United States of
America.
Mr. KELLER. Mr. Chairman, I yield 2 minutes to the gentleman from
Georgia (Mr. Price).
Mr. PRICE of Georgia. I thank the chairman for yielding and for his
hard work on this bill and the importance of this bill.
I am kind of stunned, because virtually every speaker from the other
side has come down to the well or talked up there and talked about the
``$12 billion raid on student aid'' in the Deficit Reduction Act. Well,
aside from the fact that that is not true, it is not what we are here
to talk about. We are talking about bill 609.
We have heard this bill doesn't do much to help students attend
college. We have heard if you vote for it, it is a missed opportunity.
Well, Mr. Chairman, anyone voting against this bill, anyone voting
against this bill is truly missing an opportunity to continue a very
positive program.
Now, opponents can say what they want, but if you look at the
figures, they don't lie. And what they tell you is that year after year
after year we are increasing student aid.
What does this bill do? It strengthens Pell Grants, strengthens
student aid, reduces red tape for students and graduates, removes
barriers for nontraditional students, empowers consumers through
sunshine and transparency in college costs. Also, it safeguards the
privacy of students, eases college access for members and veterans of
the armed services. It repeals duplicative and expired or unnecessary
programs, and it promotes merit-based pay for teachers through the
Teacher Incentive Fund, which is something I have a particular interest
in.
The Teacher Incentive Fund specifically targets high-poverty schools,
and it provides some extra compensation for teachers who achieve. The
initiative rewards those who have delivered on student achievement. It
was a recommendation of the bipartisan National Governors Association,
which called for the creation of the Teacher Incentive Fund, and we
responded.
Mr. Chairman, this bill is a positive move in the right direction,
and I urge all Members, Republicans and Democrats, to put politics
aside and vote for education for our young people. Vote ``yes'' on 609.
Mr. GEORGE MILLER of California. Mr. Chairman, I yield 3 minutes to
the gentleman from Ohio (Mr. Kucinich).
Mr. KUCINICH. I thank the gentleman.
In February, this House passed a reconciliation bill that cut $12
billion from the student aid program. That bill raised student loan
interest rate caps and raised student loan taxes and fees. It placed
billions of dollars in student aid at risk by cutting $2.2 billion in
critical funds used to carry out and administer the student aid
program.
Just as the reconciliation bill did not help students, H.R. 609 will
not improve access to college. The reauthorization bill we are debating
today is not about making college affordable, and it is not about
helping students pay for college. This bill makes significant changes
in the Higher Education Act, but the purpose of many of the changes is
not to benefit students.
{time} 1245
H.R. 609 certainly helps for-profit colleges. Proprietary schools,
which have faced a number of controls and regulations to protect
taxpayers and students from abuse, will see markedly less oversight.
The new single definition of an institution of higher education will
allow for-profit colleges access to additional student aid Federal
funding. At the same time, changes to the sanctions of the 90-10 rule
will leave students at risk, allowing for-profit colleges to remain out
of compliance for 3 consecutive years before losing eligibility to
participate in Federal student aid programs.
The purpose of the 90-10 rule was to ensure that schools were not
relying on student aid programs for the entirety of their funding.
Easing requirements previously placed on for-profit schools places
student aid programs at greater risk of misuse. They will be vulnerable
to subsidizing short-term for-profit ventures. These changes in the 90-
10 rule will benefit for-profit colleges, but they will not help
students.
The Higher Education Act was intended to provide help for all
Americans, regardless of their income level, with greater educational
opportunities. The act recognizes the shared benefits by both society
and the individual of a higher education. H.R. 609 will not help
students and will not expand access to college.
I urge my colleagues to join me in voting ``no.''
Mr. KELLER. Mr. Chairman, I yield 2 minutes to the gentleman from
Louisiana (Mr. Boustany).
Mr. BOUSTANY. Mr. Chairman, I rise in strong support of H.R. 609, and
I want to congratulate Majority Leader Boehner and Chairman McKeon for
bringing this important legislation to the floor.
H.R. 609 is critical to improving college access and includes a host
of reforms to safeguard the interest of students and parents and the
pocketbooks of American taxpayers.
I want to highlight three provisions that I believe will have a
significant impact. First, it promotes merit-based pay for teachers.
The bill establishes a teacher incentive fund to provide funds to
States and local school districts to help pay and help develop pay-for-
performance systems. These systems would offer teachers and principals
recognition pay for demonstrating progress in raising student
achievement and closing the achievement gap.
Another provision is increasing public access to information about
colleges and universities. This bill would provide parents and students
valuable information currently sent to the U.S. Department of Education
about college costs, student/faculty ratios, graduation rates, and
average amounts of financial aid being received by students. And
furthermore, institutions that increase tuition and fees at more than
twice the rate of inflation over a 3-year interval will be publicly
identified and asked to provide information to the public about the
causes of tuition increases as well as strategies to help hold down
tuition in the future.
A third provision would ease college access for members and veterans
of our armed services. The legislation ensures the eligibility of all
veterans to participate in the TRIO college access programs. The bill
also classifies members of the armed services as independent students
which could increase access to financial aid.
These reforms build on important education benefits for military
personnel enacted in February 2006 under the Deficit Reduction Act.
That measure provided that active duty members of the military may
receive loan deferment, meaning payments are not required and interest
will not accrue when serving our Nation.
As a member of the Education and Workforce Committee, I am very proud
to support this legislation and urge my colleagues also to support this
measure.
Mr. GEORGE MILLER of California. Mr. Chairman, I yield 3 minutes to
the gentleman from New York (Mr. Bishop).
Mr. BISHOP of New York. Mr. Chairman, I rise in strong opposition to
this bill. I spent nearly 30 years working on a college campus, and
based on my experience, I have three major concerns with H.R. 609.
First, in my view, this legislation, coupled with the budget cuts
authorized by this Congress and further cuts proposed by the President,
threatens to return the state of higher education in America to the
pre-World War II era. Back then, only 5 percent of Americans had a
college degree compared with nearly 30 percent today. This bill does
little, if anything, to make college more affordable or expand access
to Americans pursuing the dream of a college education. The bill is
another step backward in a retreat from affordability and access.
Second, I oppose this bill because the Federal Government should not
be in the business of telling colleges and universities that we know
better than them when it comes to making decisions concerning the price
of tuition, the transfer of credit, and academic freedom and integrity,
yet that is what this bill does.
[[Page H1217]]
This bill is based on the flawed notion that colleges and
universities are not capable of governing themselves and thus need to
be directed by Congress. Our solution to this accountability problem is
more intrusion into the day-to-day operations of colleges and
universities. It is wrong for us to be dictating these decisions, and
it is insulting to the colleges.
Worse, this ideology is inconsistent with the reality of what is
actually happening on the college campus. It is illogical that Congress
imposes government oversight into academia, but does not conduct the
same oversight for the oil and pharmaceutical industries, to name just
two.
Third, while this bill demonstrates a lack of confidence in the not-
for-profit higher education sector, it shows strong confidence in the
for-profit sector. As a result, there is less accountability and
oversight for that sector.
I want to be clear that there are a great many for-profit schools
which are excellent and have been doing a great job for a long, long
time; but there is also a long history in the for-profit sector of
defrauding students, parents, taxpayers and Congress, and there is
skepticism toward the sector of higher education with a stellar record
of achievement, that being the not-for-profit sector.
By relaxing safeguards put into place to keep students and taxpayers
safe against fraud by proprietary institutions, Congress is essentially
giving the for-profit sector their stamp of approval.
For these reasons, I urge my colleagues to vote for the Democratic
substitute and vote against final passage of H.R. 609.
Mr. McKEON. Mr. Chairman, I yield 2\1/2\ minutes to the gentlewoman
from North Carolina (Ms. Foxx), a former community college president, a
university administrator, a former TRIO director, someone with great
credibility on this subject, and a member of the committee.
Ms. FOXX. Mr. Chairman, I thank the chairman, Majority Leader Boehner
and the Education and Workforce Committee staff for their hard work on
and dedication to the College Access and Opportunity Act.
For many reasons the United States must have a highly educated
workforce. This legislation does just that by strengthening math,
science and foreign language instruction. It includes incentives to
recruit and better prepare more teachers in these critical areas.
Most importantly, to adhere to the initial purpose of the Higher
Education Act of 1965, this bill further offers low-income and middle-
income youth the opportunity to better themselves and their
socioeconomic status through a variety of important reforms.
This bill repeals duplicative and unnecessary programs and removes
barriers for a greater number of potential, not to mention current,
students.
Two additional parts of the bill about which I am particularly
excited are, one, protecting the privacy of students; and, two, helping
TRIO programs better demonstrate their effectiveness and results.
In the committee markup, I was able to work with the chairman and
staff to offer an amendment ensuring that a unit record database with
students' personal information would not be allowed. Privacy of the
individual is one of the main tenets on which our great Nation was
founded.
I was also able to offer an amendment in committee that would improve
and strengthen TRIO programs. As a former director of Upward Bound
Special Services programs at a large State university in North
Carolina, I know these programs firsthand and how they have helped many
achieve their goals of a higher education. I am a believer in the TRIO
programs, and that is why I am committed to making them stronger.
There is nothing in current law that provides a way for these
programs to demonstrate their effectiveness. If we want to help these
programs prove that they are doing all that we know they are, we must
institute accountability measures so their purpose and effectiveness
will not continue to be questioned.
As a former community college president, university administrator and
instructor, I am deeply committed to our students and to seeing that
they get the full value of their education. The bottom line is, this
bill is much needed and provides greater access for those of lesser
means who need it; and I am simply appalled at my colleagues on the
other side of the aisle for the misrepresentation of this bill and the
good things that it would do for the students of this country.
Mr. GEORGE MILLER of California. Mr. Chairman, I yield 3 minutes to
the gentleman from Illinois (Mr. Emanuel).
Mr. EMANUEL. Mr. Chairman, the prior speaker said she was appalled by
some of the characterizations. Funny, that was my emotion when this
Congress just 2 months ago cut $12.5 billion from college assistance,
the largest cut in the history of the United States for college
assistance. So when you want to get appalled, try getting appalled by
the biggest cut, $12.5 billion, from college assistance.
We have all read many articles that in the 21st century a college
education is as essential to economic success as a high school
education was in the 20th century. In a century in which you earn what
you learn, what does the Republican Congress do as one of its first
acts? The largest cut in history in college assistance, $12.5 billion.
And on the heels of that, they propose this act which, literally on
the heels of a $12.5 billion cut, a bill that would freeze Pell Grants
2 years in a row at the level they are at.
The average Illinois graduate today graduates $15,000 in debt. You
are supposed to get your diploma on graduation day. You get your
diploma and your Visa credit bill. That is what is happening to our
kids. Parents in my district are working second jobs, taking second
mortgages so their kids get a chance at a future where doors are
opening.
And what are we doing in this Congress? We are slamming the door on
their future. We can do better than that. We owe it to our children.
College costs in the last 4 years have gone up, on average, 38
percent; and the United States Congress, under Republican stewardship,
has had the largest cut in the history of the country, $12.5 billion,
frozen Pell Grants, and not made it easier for parents to give their
children the most important thing besides love, an education.
So what are we offering them? More of the same at a time when we all
know you need an education. We know about the importance of a college
education, and we have done nothing to make it easier for parents to
afford an education for their kids, except for a second job or a second
mortgage. And that is after the largest cut in the history of the
country.
I think that we can do better. I know we can do better. We must
rethink the way we apply and get assistance to families so they can
send their kids to college. A college education is important for the
21st century.
When World War II was over, we had a GI bill for our returning vets
that built the middle class. The GI bill, after a high school
education, built America and made the 20th century the American
century. It is time now that we make a college education as universal
in the 21st century as a high school education was in the 20th century.
This is a step backwards, closing doors on families rather than
opening doors and giving kids a chance to do better for the next
generation, as their parents have done, and build on their shoulders.
We must restore the $12.5 billion of cuts through an amendment that I
offered that was denied, and make sure that we do not freeze college
assistance, but enrich it and make it stronger.
Mr. McKEON. Mr. Chairman, I yield 3 minutes to the gentleman from
Indiana (Mr. Souder), a member of the committee.
(Mr. SOUDER asked and was given permission to revise and extend his
remarks.)
Mr. SOUDER. Mr. Chairman, the last speaker, I realize he is not on
the Education Committee, but stated an appalling misrepresentation of
what has happened on two different fronts. First off, as he probably
realizes, or should, this is not an appropriations bill, this is an
authorizing bill.
Secondly, what cuts? We readjusted the student loan rates, made them
more fair. We went through committee, watched the misrepresentations of
how this proceeded, and it continues today.
There are fixed rates now that as the interest rates go up, students
around
[[Page H1218]]
America are actually going to save tremendous amounts of money. Where
this cut language comes from is baffling. As a budgeting technique, the
exposed risk of the Federal Government, because we are on fixed versus
variable, budgets as a cut, but in reality could have saved the
government and saved the students in the long run here if you believe
interest rates are going to rise, which most people believe they are
going to.
It is just an appalling misrepresentation to walk down to Congress
and say that we have been cutting education when, if anything,
education has been the fastest growing discretionary part of our
budget. We have steadily increased funding for education, and now we
have an authorizing bill, not a spending bill, an authorizing bill, and
any number in there is funny money. What really matters is what you
appropriate in education.
The bottom line is this: at two ends we have a problem. One is higher
education is changing in America as we go to more online, more lifelong
learning; and this bill attempts to accommodate the diversity in the
changing nature of higher education.
{time} 1300
But I wanted to particularly talk about one subsection that is
important because, as we are moving in international competition, we
can't leave people behind. I first came into Congress in 1995 and
worked with my friend, Congressman Fattah on the other side, with the
program he had called High Hopes that turned into GEAR UP, which said
to kids in the eighth grade who were disadvantaged that we are not
going to leave you behind.
In Indiana, it is called the 21st Century Scholars Program. And then
Governor Evan Bayh worked with this to say that if you got your Indiana
degree from a high school, kept a GPA of 2, stayed clean of drugs and
alcohol and didn't commit another crime, went to an Indiana college and
applied for Federal aid, we were going to guarantee that you could get
some sort of Federal aid or Pell Grant with the State scholarship
program.
Here we are continuing GEAR UP. I have been frustrated every year for
the past few that the President of the United States has zeroed it out
in his budget proposals, but the House has put it back in and gone
along with the Senate to keep this program funded. It gives kids an
opportunity to say, many kids who thought they would never get a chance
to go to college, to say, if you do your part, we will do our part in
the government. And part of this GEAR UP High Hopes program is to, just
like we do with special needs kids, to say that the State has to have a
way to not just make this promise, but to have these field
organizations go and work with the individual kids to help them with
milestones. Much like the TRIO program has done in college, this now
takes it to the high school level to make sure that those who come from
disadvantaged backgrounds have some opportunity at least to get a
higher education or we are not going to be able to compete in the
world. We have to help all Americans and GEAR UP will help give all
Americans that chance.
Mr. GEORGE MILLER of California. Mr. Chairman, I yield 1 minute to
the gentleman from New York (Mr. Engel).
Mr. ENGEL. Mr. Chairman, I just want to take this time to highlight a
proprietary school in my home county of Bronx, New York. I am delighted
that proprietary schools are mentioned in the district and I just want
to highlight this degree-granting proprietary school called Monroe
College, Bronx, New York, my district, Mr. Serrano's district. Last
June, they graduated 2,000 students, and I have seen firsthand the
wonderful job that they do. And these students are particularly
minority students, people who want to go back to school and want to
have the opportunity to move forward. So with all the other discussions
about what is going on with the bill, I just want to say that I am
delighted that proprietary schools, particularly degree-granting
proprietary schools like Monroe College, are finally getting the
recognition that they deserve, and I think that they do deserve
recognition because they do good work, again, particularly Monroe
College in Bronx, New York.
Mr. GEORGE MILLER of California. Mr. Chairman, I yield myself the
remainder of the time.
(Mr. GEORGE MILLER of California asked and was given permission to
revise and extend his remarks.)
Mr. GEORGE MILLER of California. Mr. Chairman, Members of the House,
there is some suggestion that somehow this bill has become a partisan
bill. The fact of the matter is that this bill has continued, as we
have done so many bills in the Education Committee, started out on a
bipartisan basis, and we worked on that basis over the last couple of
years. And then in the last session of Congress, the decision was made
in the reconciliation bill to split out the student loan portions of
this bill and to make the cut, the now famous $12 billion cut, in the
student aid accounts.
We continued to work with the majority, and up until yesterday, when
I went in and talked to Mr. McKeon and told him I just didn't think we
were going to be able to arrive at a conclusion, and he was getting
ready to go to Rules Committee, and I said that we are just not going
to get to that point where the Members on my side of the aisle,
significant players in the education community and on our committee
would not support the legislation. We look forward to continuing to
work with him as we go into conference. But the fact of the matter is,
I think what Members see in this legislation, when we talk about a
missed opportunity, when we talk about a failure to respond is you can
continue to put up charts that we are spending more money. Yes, the
entitlement programs of Pell and the entitlement loan program are
spending more because more students are becoming eligible for them,
some because of a bad economy, some because they have decided to go to
college.
But the fact of the matter is you are spending more money and you are
purchasing less. And the gap that the maximum Pell Grant covers now, it
used to cover 40 percent of that student's education. If that student
worked full-time during the summer, part-time during school, they could
close that gap. Starting this year, they can no longer close that gap.
They are going to be about $2,000 short. They are going to be about
$2,000 short if they work over that period of time. So the Pell Grant
is purchasing less and less of the college education. In just a couple
of years, a couple of years from now, that gap will dramatically
increase even more.
So what the problem is, and what the Republicans haven't yet
recognized is, the conversations that are taking place in families
right now as students are trying to put together their aid package,
that the student loans, the Pell Grant are purchasing less and less of
the cost of that education. And this bill fails to address that. This
bill fails to address that because they chose, when they made that $20
billion in cuts, the $12 billion net, they chose not to reinvest those
savings in the education programs on behalf of these families and their
students. Families will continue and students will continue to pay
excessive fees and excessive charges. They will not let the lenders
keep them, and they shouldn't let the lenders keep them. But they take
what they admit are excessive payments by these families, and they give
it for the tax cut. They don't say, here, take this money back; return
this to the borrower, let them keep the money, let them pay for their
child's education. They take it off and give it off to the tax cuts for
the oil companies and the tax cuts to the wealthy.
That is what we talk about when we say a missed opportunity. The
Republicans just aren't hearing huge numbers of American families who
are struggling with the decision on how to pay for their kids' college
education. In that cut, they raise the interest rates on those parents
from 7.9 percent to 8.5 percent. The parents are going to have to
borrow more under this program. They charge them a 1 percent insurance
fee. They say, well, it is waivable, all that. The fact of the matter
is they are raising costs at a time when it is harder and harder for
families in America to put together the package to pay for that
education. And as we see now, even if the students work full time in
the summer, part time through the school year, they cannot close that
gap. That is what we mean. That is
[[Page H1219]]
why some of the speakers got up here and said they are worried about
the affordability. That is what we mean by the inability to address the
needs of families and students who want to pursue a higher education.
Mr. Chairman, I yield back the balance of my time.
Mr. McKEON. Mr. Chairman, I yield myself the balance of my time.
Mr. Chairman, a report released last week by a leading consulting
firm confirmed that the pro-growth policies championed by this Congress
and this President are working. In fact, they have been so successful
that, this spring, we are poised to see the strongest job market for
our Nation's 1.4 million college graduates since the dot-com bubble
burst in 2001. The firm also cited a recent survey that showed
employers plan to hire 14.5 percent more new college graduates this
year than they did a year ago.
There is a great deal of doom and gloom here in Washington. Some
taking part in this debate today certainly are no exception. But the
fact is our economy is growing, and the college graduates are feeling
the effect. That is why this bill before us is so important today. The
legislation will empower students with more information and more
resources than ever before as they seek to achieve the dream of
attending college.
The College Access and Opportunity Act that we have before us today
strengthens the Pell Grant program by providing year-round Pell Grant
aid for students attending school throughout the year, and removes an
incentive for colleges to raise tuition by repealing the Pell Grant
tuition sensitivity language.
It gives higher education consumers more information about what they
are getting for their money by establishing college consumer profiles.
It shines a spotlight on excessive tuition hikes through the college
affordability index, and it strengthens U.S. competitiveness by
sharpening our focus on improving math, science and critical foreign
language programs.
Mr. Chairman, simply put, this bill is comprehensive. It is fiscally
responsible, and it is worthy of our support.
Again, I thank my colleagues on the committee for their work in
crafting the College Access and Accountability Act, and I urge my
colleagues to support it on final passage.
Mr. Chairman, before I finish, I have spent 14 years almost now on
this committee. I would like to recognize a member of the Education and
the Workforce Committee staff, Sally Lovejoy. I have just become
chairman of this committee and I was really offended when she let me
know that she was leaving. I thought it was because of me. But then I
heard that she has been offered a great job, to work with the first
lady, representing us in Paris. And that is where she did some of her
college work. I think it is a wonderful opportunity, and I am happy
that she has the opportunity. We are going to miss her, and we
appreciate all of the years, 25 years' work that she has put in on this
committee. On behalf of our entire committee and the rest of the staff,
I want to thank her for all of her great work.
Mrs. CAPITO. Mr. Chairman, I rise to highlight the designation of
West Virginia State University as an eligible school for the
Historically Black Graduate Institutions (HBGI) program in H.R. 609,
the College Access and Opportunity Act of 2006. The designation was
included today in the McKeon Manager's Amendment.
The HBGI program is an important tool in enhancing innovative math
and science education programs at our Nation's Historically Black
Colleges and Universities. West Virginia State University was
designated as a Title III University under the Higher Education Act of
1965 and has participated as an undergraduate Title III Part B
institution since 1989.
In 2003, West Virginia State began offering a unique Master's Degree
in Biotechnology that emphasizes the skills a biologist will need in
the 21st century. The program also studies new technologies and
concepts in the biotechnology field. Graduates will be prepared for
careers or further studies in Health Care, Biotechnology, or
Environmental Sciences.
It is important that our Nation provide the resources necessary to
remain the world's leader in science and technology research. Our
Nation's education system and especially our colleges and universities
are on the front lines in keeping America competitive in the world
economy.
I want to recognize Dr. Hazo Carter, President of West Virginia State
University and Dr. Orlando McMeans for their hard work in establishing
the University as an eligible HBGI institution. I also want to thank
Chairman McKeon and the Education and Workforce Committee for working
with me to include this important designation in H.R. 609.
Mr. BONILLA. Mr. Chairman, I rise today in support of H.R. 609, the
College Access and Opportunity Act of 2006. This legislation will take
important steps toward strengthening access, accountability, and
affordability for students, teachers, and higher education institutions
across our country.
I am particularly pleased by provisions in this legislation to
provide year-round and increased Pell Grant aid to certain students. In
addition, H.R. 609 will strengthen the TRIO programs, which I have
strongly supported since my first election to Congress. Specifically,
this bill will increase the minimum grant levels for TRIO programs and
ensure our country's veterans are eligible to participate in all TRIO
programs and services. I am also pleased that this legislation will
reduce red tape and improve flexibility for Hispanic Serving
Institutions.
Education is one of the foundations of our Nation's prosperity. This
legislation will aid our Nation's students, teachers, and higher
education institutions to undoubtedly continue this prosperity. While I
do support this legislation, I am, however, very concerned with several
provisions regarding private higher education institutions within this
bill. Private higher education institutions serve as valuable centers
of ideas and innovation in our country. I strongly urge my colleagues
to find an equitable agreement to address the issues of concern to
private higher education institutions within this bill as it moves
forward in the legislative process.
Mr. LEWIS of Kentucky. Mr. Chairman, I am pleased that the House
today took essential steps to make college tuition more affordable for
middle and low-income students. Ensuring quality higher education is
one of the most important things we can do for future generations.
H.R. 609, the College Access and Opportunity Act, will expand access
to higher education for millions of students by strengthening Pell
Grants, improving access for non-traditional students, reducing red
tape, and instituting transparency in tuition costs.
As a cosponsor of this legislation, I am especially pleased that the
legislation will strengthen college access programs such as TRIO and
GEAR UP. These are important programs that have benefited students in
my district, aiding in their ability to attend college.
I would like to mention two provisions in the bill that were brought
to my attention by small, independent colleges in my district. Their
concerns centered around the affordability provision and the ability
for States to become accreditors. There was great fear that the
publishing of tuition rate increases and other financial information
could lead to a price control or other Federal intervention in tuition
increases. Also, there was apprehension that States could be granted
the ability to intervene in the accreditation process of private
institutions or offer incentives for institutions to choose State
accreditation over other regional options.
I appreciate the Committee on Education and the Workforce for their
willingness to address the concerns of these institutions. Chairman
McKeon's Managers' Amendment made great strides to ease the burdens
that both of these provisions could have potentially placed on higher
education institutions. The Manager's Amendment makes changes to the
penalties for offending institutions and expressly forbids States to
offer incentives to encourage schools to choose State accreditation.
I originally filed an amendment with the Rules Committee to address
the concern of State intervention in the accreditation process, but the
changes by Chairman McKeon were sufficient to ease my concerns. The
bill in its current form will prohibit potential overreaching by State
accreditors.
The College Access and Opportunity Act addresses the important need
to make higher education more affordable and easier to access for low
and middle-income students. I am proud to support this legislation and
am hopeful that it will sufficiently boost the competitiveness of
American students in the global economy.
Mr. PETRI. Mr. Chairman, I want to express my disappointment that the
rule to H.R. 609 does not allow my colleagues the opportunity to
consider the Student Aid Reward Amendment that I sought to offer with
Representative George Miller to H.R. 609, the College Access and
Opportunity Act. This amendment was based on H.R. 1425, the Student Aid
Reward Act, that we introduced last March. Senator Kennedy and Senator
Gordon Smith have sponsored a companion bill in the Senate.
The STAR program is rooted in my long-standing belief that we have a
fundamental obligation to our constituents to eliminate
[[Page H1220]]
waste, fraud, and abuse in government spending wherever it exists. This
amendment would have done just that by cutting $13.4 billion in waste
over the next 10 years. Furthermore, it would reinvest those savings
both into Pell Grant aid and towards reducing the deficit at no
additional taxpayer expense.
The STAR program would reward colleges and universities that choose
to participate in the Federal student loan program that is most cost-
effective for taxpayers and, in turn, return half of those savings to
the schools in the form of Pell Grants for low and middle-income
students. This would increase student aid as much as an additional
$1,000 per recipient, per year.
The real opportunity in this amendment was that it allowed for an
increased investment in education while not costing taxpayers a single
penny more. In fact, under the STAR program, there would be enough
savings not only to return half to schools that switch to the more
cost-effective program, but also to provide an additional 25 percent of
those savings to schools that were previously enrolled in the cost-
effective program and thus already saving taxpayers money. The final 25
percent would be devoted towards deficit reduction.
All these savings are be made possible due to the startling
difference in the cost between the two Federal student loan programs.
For the current fiscal year, the Federal Family Education Loan (FFEL)
program costs taxpayers nearly three times as much as the exact same
loan administered under the Direct Loan (DL) program. For example, if
the Federal Government loans a student $100 through the FFEL program,
taxpayers will subsidize nearly $11 (10.7 percent) of that loan.
However, the same loan under the DL program costs taxpayers only one-
third, less than $4 (3.6 percent). In fact, the President's budget
office projects that taxpayers will spend $3 billion more this year
alone to issue identical loans through the FFEL program than it would
cost through the DL program.
Beyond the Office of Management and Budget, other budget experts
continue to confirm this cost difference. Earlier this week, the
Congressional Budget Office released a score that projected savings
from this amendment in the amount of $13.4 billion over the next 10
years--and that's if only 15 percent of colleges choose to participate
in the Student Aid Reward program by switching from the FFEL to the DL
program. Those savings would be even more substantial with increased
participation.
It is important to note that the STAR amendment would not mandate
that schools select the most cost-effective program, although we hope
that they would. Under this amendment, each college retains their
ability to choose their student loan program. Those who choose to be
more responsible with taxpayers money would be rewarded with a portion
of the savings. Those that decide to continue with the more expensive
program face no penalties, other than a missed opportunity to use
taxpayer savings to boost their students' Pell Grants. Furthermore,
each school would have the choice to leave the STAR program at the end
of their five year contract if they are not satisfied with the results
for their students.
A critical tenant of this program is that it is budget neutral. Any
reward payments to schools are contingent upon actual taxpayer savings
that year. We are confident that these savings not only exist, but
amount to several billion dollars annually. Both the CBO and OMB
continue to confirm this year after year.
The overarching reason that the FFEL program is so much more
expensive than the DL program is the excessive subsidies paid to
lenders each year to issue loans. As all lenders are guaranteed the
exact same subsidies, regardless of their costs and efficiency, lenders
do not compete for the benefit of taxpayers, only among themselves for
market share. This practice is not only unnecessary but it is
irresponsible--especially when the DL program has no similar costs.
The taxpayers not only pay interest subsidies to private lenders,
they also subsidize the 13 guaranty agencies that purchase loans from
the lenders after a certain period of time has passed. This is also a
wasteful practice--especially when the DL program has no similar cost.
I would like to reiterate that this amendment would have in no way
mandated that schools choose the DL program over the FFEL program, or
even that the DL program will always necessarily be the most cost-
effective program. Instead, the amendment stipulated that the Secretary
of Education shall determine each year which program is most cost-
effective to taxpayers and that schools who participate in that program
receive some of the savings. The Secretary would do this by making use
of the best data available each year.
I believe that as stewards of taxpayers' money, Congress should
always seek to make government more efficient and more accountable.
This amendment would have been an important step in that direction.
Given the current budget environment, it is shameful that we are not
taking full advantage of this opportunity to save money while
rededicating some of those savings towards much-needed financial aid.
This amendment would have invested over $10 billion in Pell Grants
while devoting over $3 billion towards reducing the deficit without
costing taxpayers a penny more. Given that this program is budget
neutral for taxpayers and completely voluntary for schools, there is
absolutely no reason why we should not have taken a close look at this
tremendous opportunity.
Fiscal responsibility is a solidly Republican value and, in fact, one
that every Member of Congress should support. That is why I am
disappointed that my colleagues have been denied the opportunity to
consider this amendment. I would encourage all House Members, instead,
to consider cosponsoring H.R. 1425, the Student Aid Reward Act, to show
their support for increased government efficiency and maximizing
taxpayer investment in education.
Mr. WOLF. Mr. Chairman, I rise today in support of H.R. 609, the
College Access and Opportunity Act. This bill recognizes the
unprecedented challenges that America is facing from countries like
China and India and targets resources to increase the number of math,
science and engineering professionals.
As chairman of the House Science-State-Justice-Commerce
Appropriations subcommittee, which controls the budget of NASA, the
National Science Foundation, the White House Office of Science and
Technology policy and NOAA, I have spoken with groups of leading
Americans who represent a cross section of our nation. Over the past
few months, groups that advocate for business, education, and research
and development have all told me that America is at the very least in a
stall, and many believe in a decline, when it comes to global
competition in science and technology. Three key measuring sticks are
down: patents awarded to American scientists; papers published by
American scientists; and Nobel prizes won by American scientists.
There is a critical shortage of math, science and engineering
students in the United States. Unfortunately, there has been little
public awareness of this downward trend and its implications for jobs,
industry or national security in America's future. With the president's
American Competitiveness Initiative announced at the State of the Union
earlier this year, public awareness is increasing, but we still need to
do everything we can to help attract more students to these fields.
Last April, I introduced legislation with Representative Vern Ehlers,
MI, and Representative Sherry Boehlert, NY, aimed at attracting more
students to math, science, engineering and related fields. H.R. 1547,
the Math and Science Incentive Act, would forgive interest on
undergraduate student loans for math, science and engineering majors
who agree to work 5 years in their field upon graduation.
I appreciate Chairman McKeon and former Chairman Boehner's
recognition of the value of using loan forgiveness as an incentive to
attract and retain more students, particularly undergraduates, into
these critical fields and the inclusion of this provision of this
legislation as a provision in H.R. 609.
Authorizing the Secretary of Education to pay up to $5,000 of the
interest accrued on student loans for math, science and engineering
majors who agree to work for 5 years in their field of study may make
all the difference in the world for a student considering whether or
not to stick with an engineering degree program. These are certainly
challenging subjects.
Recognizing how critical the competitiveness issue is today, the
Education and Workforce Committee also included in H.R. 609 a provision
for Honors Scholarships for students pursuing a baccalaureate,
master's, or doctoral degree in science, math, or engineering as well
as a provision for grants to better coordinate and implement reforms
that improve math and science education, as well as better teacher
recruitment and training.
H.R. 609 augments the recently approved National Science and
Mathematics Access to Retain Talent Grants, National SMART Grants.
National SMART Grants provide grants of up to $4,000 to Pell Grant-
eligible students in their third and fourth academic year of
undergraduate education at a 4-year, degree-granting institution of
higher education. The student must be pursuing a major in the physical,
life, or computer sciences, math, technology, or engineering, or a
foreign language. The student must also have a grade-point average of
at least 3.0.
America is poised to mobilize again to ensure that our country
remains the world leader in innovation. This bill helps our country
face the challenge before us all. I believe our future as the solid
world leader in innovation is again looking bright, particularly in
light of the resources we're targeting at the higher education level.
I urge my colleagues to join me in supporting H.R. 609 and thank the
committee for its good work on this legislation.
[[Page H1221]]
Mr. GREEN of Wisconsin. Mr. Chairman, we have an important
opportunity before us today to protect the rights of all students who
attend higher education institutions. H.R. 609, the ``College Access
and Opportunity Act,'' includes ``Academic Bill of Rights'' language
that would ensure the rights of all students to express their
ideological, religious, and political beliefs without fear of
retribution. I am pleased that this language has been included in the
House's efforts to improve the accessibility of higher education.
No student attending college in America should have to worry that
they are being graded on anything other than their knowledge of a
subject. This portion of H.R. 609 would simply express the sense of
Congress that higher learning institutions are places for diverse
approaches and viewpoints, that campus funds should be used for the
selection of a variety of speakers and presentations, and that every
student should feel confident in their ability to speak freely in the
classroom without fear of reprisal from their teachers, classmates, or
administrators.
Unfortunately, I have seen first-hand how students' individual
liberties can be compromised by their school's officials. Earlier this
year, the administration of my alma mater, the University of Wisconsin-
Eau Claire, enforced a ban on resident assistants having private, non-
mandatory Bible studies in their own room. This was a blatant disregard
of student's religious freedom, and thankfully, the university reversed
their position on the matter after extensive debate and pressure from
myself and members of the community.
Simply put, this is not a conservative or liberal issue--it's just a
common sense way for Congress to urge schools to take academic freedom
seriously. I'm also pleased that this language would not impose any
controls or limits on institutions, but would help to ensure students
are afforded some protection in expressing a variety of viewpoints.
Once again, I applaud efforts by the House Education and Workforce
community, along with members of the higher education community, to
include Academic Bill of Rights language in H.R. 609. It can only serve
to strengthen the academic standards of free speech and diversity that
universities already work so hard to develop, and I urge my colleagues
to join me in supporting academic freedom for all of our nation's
higher education students.
Mrs. JONES of Ohio. Mr. Chairman, I rise today to voice my strong
opposition to H.R. 609, the Higher Education Reauthorization Act. I
believe this is a missed opportunity to make a genuine effort to
provide educational opportunities to our children. I am disappointed
that this bill does not effectively address the financial needs of low
and middle income students.
After passage of the Deficit Reduction Act, the Republicans put
another financial hurdle in the way of many students ability to pay for
college. They cut funding for student loans while raising the interest
rate. I am also bothered that the Academic Competitiveness Grants that
were created make part-time students ineligible for them. This
effectively exempts 62 percent of community college students. If we are
to create grants aimed at assisting students attending college we need
to make them available to all students who qualify full and part-time.
H.R. 609 is the vehicle to correct the wrong that has been done to
underprivileged students, but sadly it does not address it. H.R. 609
caps Pell Grants at $6000, this amount does not adequately address the
needs of low income students. It does not decrease the interest rates
on students' loans, and it does not increase the authorization of
Perkins Loans. With growing tuition costs we need to be doing
everything we can to assist students in seeking a higher education.
H.R. 609 does not adequately address the needs of our Nation's
students, and I want to express my oppositions to its passage.
Ms. JACKSON of Texas. Mr. Chairman, the bill before us today is a
crucial authorization bill for the future of our Nation, and yet, I am
disappointed because an opportunity has been missed.
I am pleased that certain cornerstones of higher education policy
remain strong and supported in this bill, such as the overall
continuation of Federal assistance for students in need of help to
afford higher education, as well as the ongoing recognition of the
value of Historically Black Colleges and Universities and institutions
serving other minority populations.
This bill represents a wonderful opportunity both to improve access
to higher education for America's low- and middle-income students and
to improve the quality of teacher education and preparation programs.
Every HEA reauthorization since 1965 has focused on the expansion of
college opportunity. Unfortunately, H.R. 609 in its current form does
not carry forward this legacy because it fails to provide the necessary
supports to enable students to enter and succeed in college such as
increased need-based aid and lessening the loan burden.
We believe that the future of our youth is the future of our country;
an investment in our children is an investment for America. Teachers
are responsible for the development of the United States through their
impact in our classrooms. It is greatly appreciated when teachers begin
the process of intellectual development for our children, but there is
an even greater appreciation when teachers continue working with those
children throughout the years. Teachers are quite often the role models
of the children who eventually go on to serve the United States through
avenues of public service.
For our country to move in the direction of progress, we Members, as
representatives of the people, must follow the provisions of the Higher
Education Act, especially in regards to the activities addressed in
Title II of that document. Activities such as the disbursement of
teacher quality enhancement grants for our states and grants preparing
the teachers of tomorrow with the newest technology of today benefit
society as a whole.
Many amendments under consideration will help this bill achieve its
goal and I encourage my colleagues to consider each carefully. I,
unfortunately, have a difficult time supporting this bill as it is
currently written--it could have been so much more. The closed rule
inhibits an open process and also contributes to my inability to
support this legislation. I know that several amendments attempted to
try to increase the Pell Grant maximum, for example--and yet none of
them were announced for consideration by the Rules committee.
We are talking about our future here--we are talking about students
who are pursuing programs that will help us manage our financial and
economic systems, grow diplomatic relations, communicate more
effectively, and most of all, teach us how to successfully administer
and secure our country. A lot is at stake--and I wish this bill
answered this need completely.
Mr. Chairman, I rise to speak on a corner stone of our Nation's
future: higher education.
Pell Grant
The average public institution tuition in 2005-2006 was $5,490
dollars, and tuition increased 7.1 percent from the year before. If
tuition continues to increase even 5 percent every year as it has for
the last decade, in 2012 the average tuition will rise to an average of
$7,350 dollars. The maximum amount of aid available should increase as
well to reflect the growing cost of education.
The current bill provides for the maximum of $6,000 that would barely
cover the average cost of a public institution for 1 year today. This
bill provides the Pell grant maximum in this current version of the
bill. If $6,000 isn't enough today it won't be enough in 6 years.
This modest increase to $7,300 in my amendment is not a required
minimum, it is the allowable maximum. This is a critical amendment that
will help students in need of Federal assistance to access to higher
education.
Blind and Vision-Impaired Students
Literacy--the ability to read and write--is vital to a successful
education, career, and quality of life in today's world.
Whether in the form of curling up with a good book, jotting down a
phone number, making a shopping list, or writing a report, being
literate means participating effectively at home and in society.
Currently, nearly 94,000 children in the United States who are blind
or visually impaired are being helped by some form of special
education. These students are an extremely diverse group ranging from
infants to young adults through age 21.
The nature and degree of their visual impairments are equally
diverse, as are the ways they adapt to their vision loss. Some students
have other disabilities in addition to visual impairment. Their level
of academic functioning spans a great range. And in every way they are
as disparate as any other group of individuals in terms of ethnic and
racial background, religion, geographic location, and income. Given
this diversity, it is important to , remember that each child needs to
be viewed as an individual with unique needs.
Literacy is a crucial skill for success for the blind and visually-
impaired, not only quality of life as individual, but also employment
opportunities.
Fewer than one-third of the working-age visually impaired population
in the United States is in the labor force. Today, underemployment and
unemployment have remained a serious issue for adults with visual
impairments. Whether from insufficient attention given to developing
appropriate work skills or other causes, these statistics are alarming
and unacceptable.
Several research studies found that successful individuals with
visual impairments often share the following common characteristics:
positive attitudes about work and about themselves, realistic
occupational goals, good orientation and mobility skills, good
communication skills, expanded social networks, involvement within the
community, and good
[[Page H1222]]
independent living skills. For students who are blind or visually
impaired, it is not enough to merely discuss appropriate attributes
related to work and adult responsibilities. These students must also be
offered work-related experiences to build their life skills.
Of those employed, 93 percent read Braille. This simple statistic
demonstrates just how powerful knowledge accessibility can be. Blind
and visually impaired higher education students depend on Braille texts
for access to higher education across the board, and this amendment
encourages publishers, professors, and universities to help each and
every student achieve.
This bill also does not adequately address the needs of blind or
vision impaired students. Students in higher education classes
regularly face unnecessary barriers to the content of the class.
Although textbooks are updated almost yearly and republished, it is
rare that the book will be published in Braille after the
initial release. My amendment encourages publishers, professors and
universities to pay special attention to this accessibility issue.
I certainly recognize that Braille materials are often costly. I have
written the amendment in the form of a Sense of Congress in order to
encourage publishers, professors, and institutions of higher education
to work together to help students get access to materials.
Purchasing Braille textbooks is often too expensive for individual
schools. For example, Webster's Dictionary is 72 volumes in Braille and
costs $1,381. I am not advocating that publishers release a Braille
version of each textbook--supplements of updated content may suffice.
The point is to get these entities with the power to make educational
materials available to work together and actually make higher education
accessible to blind and vision-impaired students.
There is a growing movement to transcribe and transfer textbooks into
electronic formats. This is a wonderful solution, however, the learning
curve is prohibitive, and the technology is not mainstreamed quite yet.
This amendment encourages a re-examination of existing resources, in
order to ensure that students have in front of them the materials.
We must continue to ensure equal access to our education system for
all of the children in our Nation--at the very least, we shouldn't let
outdated textbooks prevent students from obtaining an education. I hope
my colleagues will join me in supporting this amendment.
Learning Disabilities studies
My last amendment requires the Education department to do a study on
students who have achieved higher education even though they have
learning abilities, in the hope that indications for success can be
discovered that can be applied to younger grades. The overall goal is
to encourage and help students with learning disabilities achieve a
higher education.
I would add Sec 929, readjusting the subsequent numbers as necessary:
Sec. 929: Study of Students with Learning Disabilities in Higher
Education. The Secretary of Education shall conduct a study of the
occurrence of students attending institutions of higher education
seeking assistance for learning disabilities how institutions of higher
education are addressing the needs of this specific population in terms
of outreach, accessibility, financing, and student support services,
including online education. The Secretary shall submit a report on the
study to the Committee on Education and the Workforce of the House of
Representatives that includes recommendations on measures the Federal
Government can take to address the needs in regards to education and
job training for students with learning disabilities pursuing higher
education, as well as recommendations to encourage and support primary
and secondary education students with learning disabilities to pursue
and achieve higher education.
These 3 amendments are necessary to increase higher education
opportunities to ease the financial burden on students and provide
accommodations for students with special needs.
Mr. LEWIS of Georgia. Mr. Chairman, I rise in strong opposition to
H.R. 609, the College Access and Opportunity Act of 2006. This
legislation misses a critical opportunity to provide students from
moderate and low income families, access to the American dream. This
legislation further depletes our already under-funded Federal student
aid programs, placing post-secondary education even further out of
reach for the students who need it the most. To be sure, I share the
concerns of my colleagues and my constituents, about the rising costs
of college and the difficulties of obtaining student aid. However, I am
convinced that H.R. 609 fails to adequately address these issues.
Mr. Chairman, my concerns with H.R. 609 extend beyond the fact that
it squanders an opportunity to enhance America's economic
competitiveness, by providing a future generation of highly skilled
workers. I have serious concerns about additional provisions contained
within the bill. I am terribly concerned about the rising costs of
college tuitions across the Nation, and I commend the House Education &
Workforce Committee for attempting to address this issue. In fact, I
believe that some of the provisions addressing the rising costs of
college could aid in addressing this issue. However, I believe that we
must tread carefully when setting price controls on college tuitions.
It is imperative that we do not infringe upon the independence of our
Nation's private and religious institutions.
Mr. Chairman, I also am concerned with provisions contained in H.R.
609 that would allow states to function as an accrediting body. If we
are going to legislate a deviation from the existing quasi-independent
programmatic and institutional accrediting bodies, we must remain
cognizant of the potential for major conflicts of interest and the
emergence of divisions among public and independent institutions.
Politics, demographics, higher education strategies, and economic
incentives are among the factors that could contribute to the
unintended result of compromising the independence of our nation's
private colleges and universities.
Mr. Chairman, last month the Republican majority of the House of
Representatives voted to raid Federal student aid programs of $12
billion, in the budget reconciliation bill. As you may recall, all of
my Democratic colleagues voted against that misguided legislation. Once
again I encourage my colleagues, on both sides of the aisle, to stand
up for the children of America's hard working families and support
increased access to higher education for all students. I urge my
colleagues to vote against final passage of H.R. 609, the College
Access and Opportunity Act of 2006.
Mr. McKEON. Mr. Chairman, I yield back the balance of my time.
The Acting CHAIRMAN (Mr. Dent). All time for general debate has
expired.
In lieu of the amendment printed in the bill, it shall be in order to
consider as an original bill for the purpose of amendment under the 5-
minute rule an amendment in the nature of a substitute consisting of
the text of the Rules Committee print dated March 22, 2006. The
amendment in the nature of a substitute shall be considered read.
The text of the amendment in the nature of a substitute is as
follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``College
Access and Opportunity Act of 2006''.
(b) Table of Contents.--
Sec. 1. Short title; table of contents.
Sec. 2. References; effective date.
TITLE I--GENERAL PROVISIONS
Sec. 101. Definition of institution of higher education.
``Sec. 101. Definition of institution of higher education.
``Sec. 102. Institutions outside the United States.
``Sec. 123. Restrictions on funds for for-profit schools.
Sec. 102. New borrower definition.
Sec. 103. Student speech and association rights.
Sec. 104. National Advisory Committee on Institutional Quality and
Integrity.
Sec. 105. Alcohol and drug abuse prevention.
Sec. 106. Prior rights and obligations.
Sec. 107. Limitation on certain uses of funds.
``Sec. 124. Limitation on certain uses of funds.
Sec. 108. Consumer information and public accountability in higher
education.
``Sec. 131. Consumer information and public accountability in higher
education.
Sec. 109. Databases of student information.
``Sec. 132. Databases of student information prohibited.
Sec. 110. Performance-based organization.
TITLE II--TEACHER PREPARATION
Sec. 201. Teacher quality enhancement grants.
``Part A--Teacher Quality Enhancement Grants for States and
Partnerships
``Sec. 201. Purposes; definitions.
``Sec. 202. State grants.
``Sec. 203. Partnership grants.
``Sec. 204. Teacher recruitment grants.
``Sec. 205. Administrative provisions.
``Sec. 206. Accountability and evaluation.
``Sec. 207. Accountability for programs that prepare teachers.
``Sec. 208. State functions.
``Sec. 209. General provisions.
``Sec. 210. Authorization of appropriations.
Sec. 202. Preparing tomorrow's teachers to use technology.
Sec. 203. Centers of excellence.
``Part C--Centers of Excellence
``Sec. 231. Purposes; definitions.
``Sec. 232. Centers of excellence.
``Sec. 233. Authorization of appropriations.
Sec. 204. Teacher incentive fund program.
``Part D--Teacher incentive fund program
``Sec. 241. Purpose; definitions.
[[Page H1223]]
``Sec. 242. Teacher incentive fund grants.
``Sec. 243. Evaluations.
``Sec. 244. Authorization of appropriations.
Sec. 205. Transition.
TITLE III--INSTITUTIONAL AID
Sec. 301. Title III grants for American Indian Tribally Controlled
Colleges and Universities.
Sec. 302. Alaska Native and Native Hawaiian-serving institutions.
Sec. 303. Grants to part B institutions.
Sec. 304. Technical amendments.
Sec. 305. Title III authorizations.
TITLE IV--STUDENT ASSISTANCE
Part A--Grants to Students
Sec. 401. Pell Grants.
``Sec. 401A. Pell Grants Plus: achievement grants for State scholars.
Sec. 402. TRIO programs.
Sec. 403. TRIO reform.
``Sec. 402G. Staff development activities.
``Sec. 402H. Evaluations.
Sec. 404. GEARUP.
Sec. 405. Federal Supplemental Educational Opportunity Grants.
Sec. 406. LEAP.
Sec. 407. HEP/CAMP program.
Sec. 408. Robert C. Byrd Honors Scholarship Program.
``Subpart 6--Robert C. Byrd Honors Scholarship Program
``Sec. 419A. Robert C. Byrd mathematics and science honors scholarship
program.
``Sec. 419B. Mathematics and science incentive program.
``Sec. 419C. Mathematics and science education coordinating council
grants.
``Sec. 419D. Authorization of appropriations.
Sec. 409. Child care access.
Sec. 410. Learning anytime anywhere partnerships.
Part B--Federal Family Education Loan Program
Sec. 421. Loan forgiveness for service in areas of national need.
``Sec. 428K. Loan forgiveness for service in areas of national need.
Sec. 422. Additional administrative provisions.
Part C--Federal Work-Study Programs
Sec. 441. Authorization of appropriations.
Sec. 442. Community service.
Sec. 443. Allocation of funds.
Sec. 444. Books and supplies.
Sec. 445. Job location and development.
Sec. 446. Work colleges.
Part D--Federal Direct Loan Program
Sec. 451. Income contingent repayment.
Part E--Federal Perkins Loan Program
Sec. 461. Reauthorization of program.
Sec. 462. Loan terms and conditions.
Sec. 463. Loan cancellation.
Sec. 464. Technical amendments.
Part F--Need Analysis
Sec. 471. Significantly simplifying the student aid application
process.
Sec. 472. Discretion of student financial aid administrators.
Part G--General Provisions Relating to Student Financial Assistance
Sec. 481. Expanding information dissemination regarding eligibility for
Pell Grants.
Sec. 482. Student eligibility.
Sec. 483. Institutional refunds.
Sec. 484. Institutional and financial assistance information for
students.
Sec. 485. Distance education demonstration program.
Sec. 486. College affordability demonstration program.
``Sec. 486A. College affordability demonstration program.
Sec. 487. Program participation agreements.
Sec. 488. Additional technical and conforming amendments.
Part H--Program Integrity
Sec. 495. Accreditation.
Sec. 496. Report to Congress on prevention of fraud and abuse in
student financial aid programs.
``Sec. 499. Report to Congress on prevention of fraud and abuse in
student financial aid programs.
TITLE V--DEVELOPING INSTITUTIONS
Sec. 501. Definitional changes.
Sec. 502. Assurance of enrollment of needy students.
Sec. 503. Additional amendments.
Sec. 504. Postbaccalaureate opportunities for Hispanic Americans.
``Part B--Promoting Postbaccalaureate Opportunities for Hispanic
Americans
``Sec. 511. Purposes.
``Sec. 512. Program authority and eligibility.
``Sec. 513. Authorized activities.
``Sec. 514. Application and duration.
Sec. 505. Authorization of appropriations.
TITLE VI--TITLE VI AMENDMENTS
Sec. 601. International and foreign language studies.
Sec. 602. Business and international education programs.
Sec. 603. Institute for International Public Policy.
``Sec. 621. Program for foreign service professionals.
Sec. 604. Evaluation, outreach, and dissemination.
``Sec. 632. Evaluation, outreach, and dissemination.
Sec. 605. Advisory Board.
``Sec. 633. International Higher Education Advisory Board.
Sec. 606. Recruiter access to students and student recruiting
information; safety.
``Sec. 634. Recruiter access to students and student recruiting
information.
``Sec. 635. Student safety.
Sec. 607. National study of foreign language heritage communities.
``Sec. 636. National study of foreign language heritage communities.
TITLE VII--TITLE VII AMENDMENTS
Sec. 701. Javits fellowship program.
Sec. 702. Graduate assistance in areas of national need.
Sec. 703. Thurgood Marshall legal educational opportunity program.
Sec. 704. Fund for the improvement of postsecondary education.
Sec. 705. Urban community service.
Sec. 706. Demonstration projects to ensure students with disabilities
receive a quality higher education.
TITLE VIII--CLERICAL AMENDMENTS
Sec. 801. Clerical amendments.
TITLE IX--AMENDMENTS TO OTHER EDUCATION LAWS
Part A--Education of the Deaf Act of 1986
Sec. 901. Laurent Clerc National Deaf Education Center.
Sec. 902. Authority.
Sec. 903. Agreement for the National Technical Institute for the Deaf.
Sec. 904. Definitions.
Sec. 905. Audit.
Sec. 906. Reports.
Sec. 907. Liaison for educational programs.
Sec. 908. Federal endowment programs for Gallaudet University and the
National Technical Institute for the Deaf.
Sec. 909. Oversight and effect of agreements.
Sec. 910. Authorization of appropriations.
``Sec. 1. Short title.
Part B--Additional Education Laws
Sec. 921. Cancellation of student loan indebtedness for survivors of
victims of the September 11, 2001, attacks.
Sec. 922. Amendment to Higher Education Amendments of 1998.
Sec. 923. Tribally Controlled College or University Assistance Act of
1978.
Sec. 924. Navajo Community College Act.
Sec. 925. Education Amendments of 1992.
Sec. 926. Study of student learning outcomes and public accountability.
Sec. 927. Study of minority graduation rates.
Sec. 928. Study of education-related indebtedness of medical school
graduates.
Sec. 929. Study of adult learners.
Sec. 930. Increase in college textbook prices.
SEC. 2. REFERENCES; EFFECTIVE DATE.
(a) References.--Except as otherwise expressly provided,
whenever in this Act an amendment or repeal is expressed in
terms of an amendment to, or repeal of, a section or other
provision, the reference shall be considered to be made to a
section or other provision of the Higher Education Act of
1965 (20 U.S.C. 1001 et seq.).
(b) Effective Date.--Except as otherwise provided in this
Act, the amendments made by this Act shall take effect on the
date of enactment of this Act.
TITLE I--GENERAL PROVISIONS
SEC. 101. DEFINITION OF INSTITUTION OF HIGHER EDUCATION.
(a) Amendment.--Title I is amended by striking sections 101
and 102 (20 U.S.C. 1001, 1002) and inserting the following:
``SEC. 101. DEFINITION OF INSTITUTION OF HIGHER EDUCATION.
``(a) Institution of Higher Education.--For purposes of
this Act, the term `institution of higher education' means an
educational institution in any State that--
``(1) admits as regular students only individuals who--
``(A) meet the requirements of section 484(d)(3), or have a
certificate of graduation from a school providing secondary
education, or the recognized equivalent of such a
certificate;
``(B) are beyond the age of compulsory school attendance in
the State in which the institution is located; or
``(C) will be dually enrolled in that institution and a
secondary school;
``(2) is legally authorized within such State to provide a
program of education beyond secondary education;
``(3)(A) is accredited by a nationally recognized
accrediting agency or association; or
``(B) if not so accredited, is a public or nonprofit
institution that has been granted preaccreditation status by
such an agency or association that has been recognized by the
Secretary for the granting of preaccreditation status, and
the Secretary has determined that there is satisfactory
assurance that the institution will meet the accreditation
standards of such an agency or association within a
reasonable time; and
``(4) meets either of the following criteria:
``(A) is a nonprofit, for-profit, or public institution
that--
``(i) provides an educational program for which the
institution awards a bachelor's, graduate, or professional
degree;
[[Page H1224]]
``(ii) provides not less than a 2-year educational program
which is acceptable for full credit towards such a degree;
``(iii) provides not less than a 1-year program of training
that prepares students for gainful employment in a recognized
occupation; or
``(iv) awards a degree that is acceptable for admission to
graduate or professional degree programs, subject to the
review and approval of the Secretary; or
``(B) is a nonprofit, for-profit, or public institution
that provides an eligible program (as defined in section
481)--
``(i) for which the institution awards a certificate; and
``(ii) that prepares students for gainful employment in a
recognized occupation.
``(b) Additional Limitations.--
``(1) For-profit postsecondary institutions.--
``(A) Duration of accreditation.--A for-profit institution
shall not be considered to be an institution of higher
education unless such institution is accredited by a
nationally recognized accrediting agency or association and
such institution has been in existence for at least 2 years.
``(B) Institutional eligibility only for competitive
grants.--For the purposes of any program providing grants to
institutions for use by the institution (and not for
distribution among students), a for-profit institution shall
not be considered to be an institution of higher education
under this section if such grants are awarded on any basis
other than competition on the merits of the grant proposal or
application.
``(2) Postsecondary vocational institutions.--A nonprofit
or public institution that meets the criteria of subsection
(a)(4)(B) shall not be considered to be an institution of
higher education unless such institution has been in
existence for at least 2 years.
``(3) Limitations based on management.--An institution
shall not be considered to meet the definition of an
institution of higher education in this section if--
``(A) the institution, or an affiliate of the institution
that has the power, by contract or ownership interest, to
direct or cause the direction of the management or policies
of the institution, has filed for bankruptcy, except that
this paragraph shall not apply to a nonprofit institution,
the primary function of which is to provide health care
educational services (or an affiliate of such an institution
that has the power, by contract or ownership interest, to
direct or cause the direction of the institution's management
or policies) that filed for bankruptcy under chapter 11 of
title 11, United States Code, between July 1, 1998, and
December 1, 1998; or
``(B) the institution, the institution's owner, or the
institution's chief executive officer has been convicted of,
or has pled nolo contendere or guilty to, a crime involving
the acquisition, use, or expenditure of Federal, State, or
local government funds, or has been judicially determined to
have committed a crime involving the acquisition, use, or
expenditure involving Federal, State, or local government
funds.
``(4) Limitation on course of study or enrollment.--An
institution shall not be considered to meet the definition of
an institution of higher education in subsection (a) if such
institution--
``(A) offers more than 50 percent of such institution's
courses by correspondence (excluding courses offered by
telecommunications as defined in section 484(l)(4)), unless
the institution is an institution that meets the definition
in section 3(3)(C) of the Carl D. Perkins Vocational and
Technical Education Act of 1998;
``(B) enrolls 50 percent or more of the institution's
students in correspondence courses (excluding courses offered
by telecommunications as defined in section 484(l)(4)),
unless the institution is an institution that meets the
definition in section 3(3)(C) of the Carl D. Perkins
Vocational and Technical Education Act of 1998, except that
the Secretary, at the request of the institution, may waive
the applicability of this subparagraph to the institution for
good cause, as determined by the Secretary in the case of an
institution of higher education that provides a 2- or 4-year
program of instruction (or both) for which the institution
awards an associate or baccalaureate degree, respectively;
``(C) has a student enrollment in which more than 25
percent of the students are incarcerated, except that the
Secretary may waive the limitation contained in this
subparagraph for an institution that provides a 2- or 4-year
program of instruction (or both) for which the institution
awards a bachelor's degree, or an associate's degree or a
postsecondary certificate, respectively; or
``(D) has a student enrollment in which more than 50
percent of the students either do not meet the requirements
of section 484(d)(3) or do not have a secondary school
diploma or its recognized equivalent, and does not provide a
2- or 4-year program of instruction (or both) for which the
institution awards an associate's degree or a bachelor's
degree, respectively, except that the Secretary may waive the
limitation contained in this subparagraph if an institution
demonstrates to the satisfaction of the Secretary that the
institution exceeds such limitation because the institution
serves, through contracts with Federal, State, or local
government agencies, significant numbers of students who do
not meet the requirements of section 484(d)(3) or do not have
a secondary school diploma or its recognized equivalent.
``(c) List of Accrediting Agencies.--For purposes of this
section, the Secretary shall publish a list of nationally
recognized accrediting agencies or associations that the
Secretary determines, pursuant to subpart 2 of part H of
title IV, to be reliable authority as to the quality of the
education or training offered.
``(d) Certification.--The Secretary shall certify, for the
purposes of participation in title IV, an institution's
qualification as an institution of higher education in
accordance with the requirements of subpart 3 of part H of
title IV.
``(e) Loss of Eligibility.--An institution of higher
education shall not be considered to meet the definition of
an institution of higher education in this section for the
purposes of participation in title IV if such institution is
removed from eligibility for funds under title IV as a result
of an action pursuant to part H of title IV.
``SEC. 102. INSTITUTIONS OUTSIDE THE UNITED STATES.
``(a) Institutions Outside the United States.--
``(1) In general.--An institution outside the United States
shall be considered to be an institution of higher education
only for purposes of part B of title IV if the institution is
comparable to an institution of higher education, as defined
in section 101, is legally authorized by the education
ministry (or comparable agency) of the country in which the
school is located, and has been approved by the Secretary for
purposes of that part. The Secretary shall establish criteria
by regulation for that approval and that determination of
comparability. An institution may not be so approved or
determined to be comparable unless such institution is a
public or nonprofit institution, except that, subject to
paragraph (2)(B), a graduate medical school or veterinary
school located outside the United States may be a for-profit
institution.
``(2) Medical and veterinary school criteria.--In the case
of a graduate medical or veterinary school outside the United
States, such criteria shall include a requirement that a
student attending such school outside the United States is
ineligible for loans made, insured, or guaranteed under part
B of title IV unless--
``(A) in the case of a graduate medical school located
outside the United States--
``(i)(I) at least 60 percent of those enrolled in, and at
least 60 percent of the graduates of, the graduate medical
school outside the United States were not persons described
in section 484(a)(5) in the year preceding the year for which
a student is seeking a loan under part B of title IV; and
``(II) at least 60 percent of the individuals who were
students or graduates of the graduate medical school outside
the United States or Canada (both nationals of the United
States and others) taking the examinations administered by
the Educational Commission for Foreign Medical Graduates
received a passing score in the year preceding the year for
which a student is seeking a loan under part B of title IV;
or
``(ii) the institution has a clinical training program that
was approved by a State as of January 1, 1992; or
``(B) in the case of a veterinary school located outside
the United States that is not a public or nonprofit
institution, the institution's students complete their
clinical training at an approved veterinary school located in
the United States.
``(b) Advisory Panel.--
``(1) In general.--For the purpose of qualifying a foreign
medical school as an institution of higher education only for
purposes of part B of title IV, the Secretary shall publish
qualifying criteria by regulation and establish an advisory
panel of medical experts that shall--
``(A) evaluate the standards of accreditation applied to
applicant foreign medical schools; and
``(B) determine the comparability of those standards to
standards for accreditation applied to United States medical
schools.
``(2) Failure to release information.--The failure of an
institution outside the United States to provide, release, or
authorize release to the Secretary of such information as may
be required by subsection (a)(2) shall render such
institution ineligible for the purpose of part B of title
IV.''.
(b) Restrictions on Funds for for-Profit Schools.--Part B
of title I is amended by inserting after section 122 (20
U.S.C. 1011k) the following new section:
``SEC. 123. RESTRICTIONS ON FUNDS FOR FOR-PROFIT SCHOOLS.
``(a) In General.--Notwithstanding any other provision of
this Act authorizing the use of funds by an institution of
higher education that receives funds under this Act, none of
the funds made available under this Act to a for-profit
institution of higher education may be used for--
``(1) construction, maintenance, renovation, repair, or
improvement of classrooms, libraries, laboratories, or other
facilities;
``(2) establishing, improving, or increasing an endowment
fund; or
``(3) establishing or improving an institutional
development office to strengthen or improve contributions
from alumni and the private sector.
``(b) Exception.--Subsection (a) shall not apply to funds
received by the institution from the grant, loan, or work
assistance that is awarded under title IV to the students
attending such institution.
``(c) Ineligibility for Certain Programs.--Notwithstanding
section 101, a for-
[[Page H1225]]
profit institution of higher education shall not be
considered an eligible institution for the programs under
titles III and V of this Act.''.
(c) Conforming Amendments.--
(1) Section 114(a) (20 U.S.C. 1011c(a)) is amended by
striking ``(as defined in section 102)''.
(2) Section 435(a)(1) (20 U.S.C. 1085(a)(1)) is amended by
striking ``section 102'' and inserting ``section 101''.
(3) Subsection (d) of section 484 (20 U.S.C. 1091(d)) is
amended by striking the designation and heading of such
subsection and inserting the following:
``(d) Satisfaction of Secondary Education Standards.--''.
(4) Section 486(b)(2) (20 U.S.C. 1093(b)(2)) is amended by
striking ``102(a)(3)(A), 102(a)(3)(B)'' and inserting
``101(b)(4)(A), 101(b)(4)(B)''.
(5) Section 487(c)(1)(A)(iii) (20 U.S.C.
1094(c)(1)(A)(iii)) is amended by striking ``section
102(a)(1)(C)'' and inserting ``section 102''.
(6) Section 487(d) (20 U.S.C. 1094(d)) is amended by
striking ``section 102'' and inserting ``section 101''.
(7) Subsections (j) and (k) of section 496 (20 U.S.C.
1099b(j), (k)) are each amended by striking ``section 102''
and inserting ``section 101''.
(8) Section 498(g)(3) (20 U.S.C. 1099c(g)(3)) is amended by
striking ``section 102(a)(1)(C)'' and inserting ``section
102''.
(9) Section 498(i)(1) (20 U.S.C. 1099c(i)(1)) is amended by
striking ``section 102'' and inserting ``section 101''.
(10) Section 498(j)(1) (20 U.S.C. 1099c) is amended by
striking ``except that such branch shall not be required to
meet the requirements of sections 102(b)(1)(E) and
102(c)(1)(C) prior to seeking such certification'' and
inserting ``except that such branch shall not be required to
be in existence for at least 2 years prior to seeking such
certification''.
(11) Section 498B(b) (20 U.S.C. 1099c-2(b)) is amended by
striking ``section 102(a)(1)(C)'' and inserting ``section
102''.
(d) Effect on Other Laws.--
(1) Inclusion of for-profit institutions in definition.--
The inclusion of proprietary and for-profit institutions
within the definition of the term ``institution of higher
education''' in section 101 of the Higher Education Act of
1965 (20 U.S.C. 1001) pursuant to the amendment made by
subsection (a) of this section shall not apply to any other
provision of law (other than the Higher Education Act of
1965) enacted before the date of enactment of this Act that
references section 101 of the Higher Education Act of 1965
(or that term as so defined), except as expressly provided by
an amendment to, or other revision of the application of,
such law enacted after such date of enactment.
(2) Inclusion of for-profit institutions as title iii or v
eligible institution.--Any reference in any provision of law
other than the Higher Education Act of 1965 to institutions
of higher education that are eligible to participate in
programs under title III or V of such Act (20 U.S.C. 1051 et.
seq., 1101 et seq.) shall not be treated, as a consequence of
the amendment to section 101 of the Higher Education Act of
1965 (20 U.S.C. 1001) by subsection (a) of this section, as
including a reference to a for-profit or proprietary
institution of higher education, except as expressly provided
by an amendment to, or other revision of the application of,
such law enacted after such date of enactment.
SEC. 102. NEW BORROWER DEFINITION.
Paragraph (7) of section 103 (20 U.S.C. 1003) is amended to
read as follows:
``(7) New borrower.--The term `new borrower' when used with
respect to any date for any loan under any provision of--
``(A) part B or part D of title IV means an individual who
on that date has no outstanding balance of principal or
interest owing on any loan made, insured, or guaranteed under
either of those parts; and
``(B) part E of title IV means an individual who on that
date has no outstanding balance of principal or interest
owing on any loan made under that part.''.
SEC. 103. STUDENT SPEECH AND ASSOCIATION RIGHTS.
Section 112 (20 U.S.C. 1011a) is amended--
(1) by amending subsection (a) to read as follows:
``(a) Protection of Rights.--
``(1) It is the sense of Congress that no student attending
an institution of higher education on a full- or part-time
basis should, on the basis of participation in protected
speech or protected association, be excluded from
participation in, be denied the benefits of, or be subjected
to discrimination or official sanction under any education
program, activity, or division of the institution directly or
indirectly receiving financial assistance under this Act,
whether or not such program, activity, or division is
sponsored or officially sanctioned by the institution; and
``(2) It is the sense of Congress that--
``(A) the diversity of institutions and educational
missions is one of the key strengths of American higher
education;
``(B) individual colleges and universities have different
missions and each institution should design its academic
program in accordance with its educational goals;
``(C) within the context of its institutional mission, a
college should promote intellectual pluralism and facilitate
the free and open exchange of ideas;
``(D) students should not be intimidated, harassed,
discouraged from speaking out, discriminated against, or
subject to official sanction because of their personal
political, ideological, or religious beliefs; and
``(E) students should be treated equally and fairly,
including evaluation and grading, without regard to or
consideration of their personal political views or
ideological beliefs.
``(3) Nothing in paragraph (2) shall be construed to
modify, change, or infringe upon any constitutionally
protected religious liberty, freedom, expression, or
association.''; and
(2) in subsection (b)(1), by inserting after ``higher
education'' the following: ``, if the imposition of such
sanction is done objectively, fairly, and without regard to
the student's personal political, ideological, or religious
beliefs''.
SEC. 104. NATIONAL ADVISORY COMMITTEE ON INSTITUTIONAL
QUALITY AND INTEGRITY.
(a) Membership.--Section 114(b) (20 U.S.C. 1011c(b)) is
amended by adding at the end the following new sentence: ``A
member of the Committee may continue to serve after the
expiration of a term until a successor has been appointed.''.
(b) Extension.--Section 114(g) (20 U.S.C. 1011c(g)) is
amended by striking ``2004'' and inserting ``2012''.
SEC. 105. ALCOHOL AND DRUG ABUSE PREVENTION.
Section 120(e)(5) (20 U.S.C. 1011i(e)(5)) is amended--
(1) by striking ``1999'' and inserting ``2006''; and
(2) by striking ``4 succeeding fiscal years'' and inserting
``5 succeeding fiscal years''.
SEC. 106. PRIOR RIGHTS AND OBLIGATIONS.
Section 121(a) (20 U.S.C. 1011j(a)) is amended by striking
``1999 and for each of the 4'' each place it appears and
inserting ``2006 and for each of the 5''.
SEC. 107. LIMITATION ON CERTAIN USES OF FUNDS.
Part B of title I is further amended by adding after
section 123 (as added by section 101(b) of this Act) the
following new section:
``SEC. 124. LIMITATION ON CERTAIN USES OF FUNDS.
``No funds made available to carry out this Act may be
used--
``(1) for publicity or propaganda purposes not authorized
by the Congress before the date of enactment of the College
Access and Opportunity Act of 2006; or
``(2) unless authorized by law in effect on such date of
enactment, to produce any prepackaged news story intended for
broadcast or distribution unless such story includes a clear
a notification contained within the text or audio of such
story stating that the prepackaged news story was prepared or
funded by the Department of Education.''.
SEC. 108. CONSUMER INFORMATION AND PUBLIC ACCOUNTABILITY IN
HIGHER EDUCATION.
Section 131 (20 U.S.C. 1015) is amended to read as follows:
``SEC. 131. CONSUMER INFORMATION AND PUBLIC ACCOUNTABILITY IN
HIGHER EDUCATION.
``(a) Purpose.--It is the purpose of this section to--
``(1) provide students and families with an easy-to-use,
comprehensive web-based tool for researching and comparing
institutions of higher education;
``(2) increase the transparency of college cost, price, and
financial aid; and
``(3) raise public awareness of information available about
postsecondary education, particularly among low-income
families, non-traditional student populations, and first-
generation college students.
``(b) College Opportunity on-Line (COOL) Website Re-Design
Process.--In carrying out this section, the Secretary--
``(1) shall identify the data elements that are of greatest
importance to prospective students, enrolled students, and
their families, paying particular attention to low-income,
non-traditional student populations, and first-generation
college students;
``(2) shall convene a group of individuals with expertise
in the collection and reporting of data related to
institutions of higher education, the measurement of
institutional compliance costs, consumer use of data related
to institutions of higher education, general consumer
marketing, and college intervention services to--
``(A) determine the relevance of particular data elements
to prospective students, enrolled students, and families;
``(B) assess the cost-effectiveness of various ways in
which institutions of higher education might produce the data
desired by consumers;
``(C) determine the general comparability of the data
across institutions of higher education;
``(D) make recommendations regarding the inclusion of
specific data items and the most effective and least
burdensome methods to institutions of higher education of
collecting and reporting useful data; and
``(3) shall assure that the redesigned COOL website--
``(A) uses, to the extent practicable, data elements
currently provided by institutions of higher education to the
Secretary;
``(B) includes clear and uniform information determined to
be relevant to prospective students, enrolled students, and
families;
``(C) provides comparable information, by assuring that
data is based on accepted criteria and common definitions;
[[Page H1226]]
``(D) includes a sorting function that permits users to
customize their search for and comparison of institutions of
higher education based on the information identified through
the process as prescribed in paragraph (1) as being of
greatest relevance to choosing an institution of higher
education.
``(c) Data Collection.--
``(1) Data system.--The Secretary shall continue to
redesign the relevant parts of the Integrated Postsecondary
Education Data System to include additional data as required
by this section and to continue to improve the usefulness and
timeliness of data collected by such systems in order to
inform consumers about institutions of higher education.
``(2) College consumer profile.--The Secretary shall
publish, for each academic year and in accordance with
standard definitions developed by the Commissioner of
Education Statistics (including definitions developed under
section 131(a)(3)(A) as in effect on the day before the date
of enactment of the College Access and Opportunity Act of
2006), from at least all institutions of higher education
participating in programs under title IV the following
information:
``(A) The tuition and fees charged for a first-time, full-
time undergraduate student.
``(B) The room and board charges for such a student.
``(C) The cost of attendance for a first-time, full-time
undergraduate student, consistent with the provisions of
section 472.
``(D) The average amount of financial assistance received
by a first-time full-time undergraduate student, including--
``(i) each type of assistance or benefits described in
428(a)(2)(C)(ii);
``(ii) institutional and other assistance; and
``(iii) Federal loans under parts B, D, and E of title IV.
``(E) The number of first-time, full-time students
receiving financial assistance described in each clause of
subparagraph (D).
``(F) The average net price for first-time, full-time
students receiving Federal, State, or institutional grant or
loan assistance.
``(G) The institutional instructional expenditure per full-
time equivalent student.
``(H) Student enrollment information, including information
on the number and percentage of full-time and part-time
students, the number and percentage of resident and non-
resident students.
``(I) Faculty/student ratios.
``(J) Faculty information, including the total number of
faculty and the percentage of faculty who are full-time
employees of the institution and the percentage who are part-
time.
``(K) Completion and graduation rates, identifying whether
the completion or graduation rates are from a 2-year or 4-
year program of instruction and, in the case of a 2-year
program of instruction, the percentage of students who
transfer to 4-year institutions prior or subsequent to
completion or graduation.
``(L) A link to the institution of higher education with
information of interest to students including mission,
accreditation, student services (including services for
students with disabilities), transfer of credit policies and,
if appropriate, placement rates and other measures of success
in preparing students for entry into or advancement in the
workforce.
``(M) Any additional information that the Secretary may
require.
``(d) Data Dissemination.--The Secretary shall make
available, at a minimum, the data collected pursuant to this
section, including an institution's college affordability
index as calculated in accordance with subsection (e). Such
data shall be made available in a manner that permits the
review and comparison of data submissions of individual
institutions of higher education. Such data shall be
presented in a form that is easily accessible and
understandable and allows parents and students to make
informed decisions based on the prices for typical full-time
undergraduate students and the institution's rate of cost
increase. The Secretary shall work with public and private
entities to promote broad public awareness, particularly
among middle and high school students and their families, of
the information made available under this section, including
by distribution to students who participate in or receive
benefits from Federally funded education programs and other
Federal programs determined by the Secretary.
``(e) College Affordability Index.--
``(1) In general.--The Secretary shall, on the basis of the
data submitted under subsection (a), calculate a college
affordability index for each institution of higher education
submitting such data and shall make the index available in
accordance with subsection (d) as soon as operationally
possible on the Department's college opportunity online Web
site. Such index shall be presented in a manner so that the
index for any institution is stated in a column or cell
immediately adjacent to a column or cell containing the total
tuition and fees of the institution.
``(2) Calculation of index.--The college affordability
index shall be equal to--
``(A) the percentage increase in the tuition and fees
charged for a first-time, full-time, full-year undergraduate
student between the first of the 3 most recent preceding
academic years and the last of those 3 academic years;
divided by
``(B) the percentage increase in the Consumer Price Index--
All Urban Consumers (Current Series) from July of the first
of those 3 academic years to July of the last of those 3
academic years.
``(f) Outcomes and Actions.--
``(1) Response from institution.--Effective on June 30,
2009, an institution that has a college affordability index
that exceeds 2.0 for any 3-year interval ending on or after
that date shall provide a report to the Secretary, in such a
form, at such time, and containing such information as the
Secretary may require. Such report shall include--
``(A) an explanation of the factors contributing to the
increase in the institution's costs and in the tuition and
fees charged to students;
``(B) a management plan stating the specific steps the
institution is and will be taking to reduce its college
affordability index;
``(C) an action plan, including a schedule, by which the
institution will reduce increases in or stabilize, such costs
and tuition and fees; and
``(D) 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.
``(2) Information to the public.--Upon receipt of the
institution's report and management plan under paragraph (1),
the Secretary shall make the institution's report required
under paragraph (1) available to the public in accordance
with subsection (b).
``(3) Quality-efficiency task forces.--
``(A) Required.--Each institution subject to paragraph (1)
that has a college affordability index that is in the highest
25 percent of such indexes of all institutions subject to
paragraph (1) shall establish a quality-efficiency task force
to review the operations of such institution.
``(B) Membership.--Such task force shall include
administrators and business and civic leaders and may include
faculty, students, trustees, parents of students, and alumni
of such institution.
``(C) Functions.--Such task force shall analyze
institutional operating costs in comparison with such costs
at other institutions within the class of institutions. Such
analysis should identify areas where, in comparison with
other institutions in such class, the institution operates
more expensively to produce a similar result. Any identified
areas should then be targeted for in-depth analysis for cost
reduction opportunities.
``(D) Report.--The results of the analysis by a quality-
efficiency task force under this paragraph shall be included
in the report to the Secretary under paragraph (1).
``(4) Consequences for 2-year continuation of failure.--If
the Secretary determines that the institution has failed to
comply with the management plan and action plan submitted by
the institution under this subsection following the next 2
academic years that begin after the submission of such plans,
and has failed to reduce the college affordability index
below 2.0 for such 2 academic years, the Secretary--
``(A) shall make available to the public a detailed report
provided by the institution on all costs and expenditures,
and on all tuition and fees charged to students, for such 2
academic years;
``(B) shall place the institution on an affordability alert
status and shall make the information regarding the
institution's failure available in accordance with subsection
(d);
``(C) shall notify the institution's accrediting agency of
the institution's failure; and
``(D) may require the institution to submit to a review and
audit by the Inspector General of the Department of Education
to determine the cause of the institution's failure.
``(5) Information to state agencies.--Any institution that
reports under paragraph (1)(C) that an agency or
instrumentality of State government or other entity
participates in the determinations of tuition and fee
increases shall, prior to submitting any information to the
Secretary under this subsection, submit such information to,
and request the comments and input of, such agency,
instrumentality, or entity. With respect to any such
institution, the Secretary shall provide a copy of any
communication by the Secretary with that institution to such
agency, instrumentality, or entity.
``(6) Exemptions.--
``(A) Relative price exemption.--The Secretary shall, for
any 3-year interval for which college affordability indexes
are computed under paragraph (1), determine and publish the
dollar amount that, for each class of institution described
in paragraph (7) represents the maximum tuition and fees
charged for a full-time undergraduate student in the least
costly quartile of institutions within each such class during
the last year of such 3-year interval. An institution that
has a college affordability index computed under paragraph
(1) that exceeds 2.0 for any such 3-year interval, but that,
on average during such 3-year interval, charges less than
such maximum tuition and fees shall not be subject to the
actions required by subparagraph (B) or (C) of paragraph (1),
or any action under paragraph (4), unless such institution,
for a subsequent 3-year interval, charges more than such
maximum tuition and fees.
``(B) Dollar increase exemption.--An institution that has a
college affordability index computed under paragraph (1) that
exceeds 2.0 for any 3-year interval, but that exceeds such
2.0 by a dollar amount that is less
[[Page H1227]]
than $500, shall not be subject to the actions required by
subparagraph (B) or (C) of paragraph (1), or any action under
paragraph (4), unless such institution has a college
affordability index for a subsequent 3-year interval that
exceeds 2.0 by more than such dollar amount.
``(7) Classes of institutions.--For purposes of this
subsection, the classes of institutions shall be those
sectors used by the Integrated Postsecondary Education Data
System, based on whether the institution is public, nonprofit
private, or for-profit private, and whether the institution
has a 4-year, 2-year, or less than 2-year program of
instruction.
``(g) Fines.--In addition to actions authorized in section
487(c), the Secretary may impose a fine in an amount not to
exceed $25,000 on an institution of higher education for
failing to provide the information described in this section
in a timely and accurate manner, or for failing to otherwise
cooperate with the National Center for Education Statistics
regarding efforts to obtain data on the cost and price of
higher education under this section and pursuant to the
program participation agreement entered into under section
487.
``(h) GAO Study and Report.--
``(1) GAO study.--The Comptroller General shall conduct a
study of the policies and procedures implemented by
institutions in increasing the affordability of postsecondary
education. Such study shall include information with respect
to--
``(A) a list of those institutions that--
``(i) have reduced their college affordability indexes; or
``(ii) are, as determined under subsection (f)(6)(A),
within the least costly quartile of institutions within each
class described in subsection (f)(7);
``(B) policies implemented to stem the increase in tuition
and fees and institutional costs;
``(C) the extent to which room and board costs and prices
changed;
``(D) the extent to which other services were altered to
affect tuition and fees;
``(E) the extent to which the institution's policies
affected student body demographics and time to completion;
``(F) what, if any, operational factors played a role in
reducing tuition and fees;
``(G) the extent to which academic quality was affected,
and how;
``(H) the extent to which policies and practices reducing
costs and prices may be replicated from one institution to
another; and
``(I) other information as necessary to determine best
practices in increasing the affordability of postsecondary
education.
``(2) Interim and final reports.--The Comptroller General
shall submit an interim and a final report regarding the
findings of the study required by paragraph (1) to the
appropriate authorizing committees of Congress. The interim
report shall be submitted not later than July 31, 2011, and
the final report shall be submitted not later than July 31,
2013.
``(i) 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, and
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 Secretary shall disseminate the
information resulting from the survey in both printed and
electronic form.
``(j) Regulations.--The Secretary is authorized to issue
such regulations as may be necessary to carry out the
provisions of this section.''.
SEC. 109. DATABASES OF STUDENT INFORMATION.
Part C of title I is further amended by adding at the end
the following new section:
``SEC. 132. DATABASES OF STUDENT INFORMATION PROHIBITED.
``(a) Prohibition.--Except as described in (b), nothing in
this Act shall be construed to authorize the design,
development, creation, implementation, or maintenance of a
nationwide database of personally identifiable information on
individuals receiving assistance, attending institutions
receiving assistance, or otherwise involved in any studies or
other collections of data under this Act, including a student
unit record system, an education bar code system, or any
other system that tracks individual students over time.
``(b) Exception.--The provisions of subsection (a) shall
not affect the loan obligation enforcement activities
described in section 485B of this Act.''.
SEC. 110. PERFORMANCE-BASED ORGANIZATION.
Section 141 (20 U.S.C. 1018) is amended--
(1) in subsection (a)(2)(B)--
(A) by inserting ``unit'' after ``to reduce the''; and
(B) by inserting ``and, to the extent practicable, the
total costs of administering those programs'' after ``those
programs'';
(2) in subsection (c)--
(A) in paragraph (1)(A), by striking ``Each year'' and
inserting ``Each fiscal year'';
(B) in paragraph (1)(B), by inserting ``secondary markets,
guaranty agencies,'' after ``lenders,''; and
(C) in paragraph (2)(B), by striking ``Chief Financial
Officer Act of 1990 and'' and inserting ``Chief Financial
Officers Act of 1990,'' and by inserting before the period at
the end the following: ``, and other relevant statutes''; and
(3) in subsection (f)(3)(A), by striking ``paragraph
(1)(A)'' and inserting ``paragraph (1)''.
TITLE II--TEACHER PREPARATION
SEC. 201. TEACHER QUALITY ENHANCEMENT GRANTS.
Part A of title II (20 U.S.C. 1021 et seq.) is amended to
read as follows:
``PART A--TEACHER QUALITY ENHANCEMENT GRANTS FOR STATES AND
PARTNERSHIPS
``SEC. 201. PURPOSES; DEFINITIONS.
``(a) Purposes.--The purposes of this part are to--
``(1) improve student academic achievement;
``(2) improve the quality of the current and future
teaching force by improving the preparation of prospective
teachers and enhancing professional development activities;
``(3) hold institutions of higher education accountable for
preparing highly qualified teachers; and
``(4) recruit qualified individuals, including minorities
and individuals from other occupations, into the teaching
force.
``(b) Definitions.--In this part:
``(1) Arts and sciences.--The term `arts and sciences'
means--
``(A) when referring to an organizational unit of an
institution of higher education, any academic unit that
offers one or more academic majors in disciplines or content
areas corresponding to the academic subject matter areas in
which teachers provide instruction; and
``(B) when referring to a specific academic subject matter
area, the disciplines or content areas in which academic
majors are offered by the arts and science organizational
unit.
``(2) Exemplary teacher.--The term `exemplary teacher' has
the meaning given such term in section 9101 of the Elementary
and Secondary Education Act of 1965 (20 U.S.C. 7801).
``(3) Highly qualified.--The term `highly qualified' when
used with respect to an individual means that the individual
is highly qualified as determined under section 9101 of the
Elementary and Secondary Education Act of 1965 (20 U.S.C.
7801) or section 602 of the Individuals with Disabilities
Education Act (20 U.S.C. 1401).
``(4) High-need local educational agency.--The term `high-
need local educational agency' means a local educational
agency--
``(A)(i)(I) that serves not fewer than 10,000 children from
families with incomes below the poverty line; or
``(II) for which not less than 25 percent of the children
served by the agency are from families with incomes below the
poverty line;
``(ii) that is among those serving the highest number or
percentage of children from families with incomes below the
poverty line in the State, but this clause applies only in a
State that has no local educational agency meeting the
requirements of clause (i); or
``(iii) with a total of less than 600 students in average
daily attendance at the schools that are served by the agency
and all of whose schools are designated with a school locale
code of 7, as determined by the Secretary; and
``(B)(i) for which there is a high percentage of teachers
not teaching in the academic subjects or grade levels that
the teachers were trained to teach; or
``(ii) for which there is a high percentage of teachers
with emergency, provisional, or temporary certification or
licensing.
``(5) Poverty line.--The term `poverty line' means the
poverty line (as defined by the Office of Management and
Budget, and revised annually in accordance with section
673(2) of the Community Services Block Grant Act (42 U.S.C.
9902(2))) applicable to a family of the size involved.
``(6) Professional development.--The term `professional
development' has the meaning given such term in section 9101
of the Elementary and Secondary Education Act of 1965 (20
U.S.C. 7801).
``(7) Scientifically based reading research.--The term
`scientifically based reading research' has the meaning given
such term in section 1208 of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 6368).
``(8) Scientifically based research.--The term
`scientifically based research' has the meaning given such
term in section 9101 of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7801).
[[Page H1228]]
``(9) Teaching skills.--The term `teaching skills' means
skills that--
``(A) are based on scientifically based research;
``(B) enable teachers to effectively convey and explain
subject matter content;
``(C) lead to increased student academic achievement; and
``(D) use strategies that--
``(i) are specific to subject matter;
``(ii) include ongoing assessment of student learning;
``(iii) focus on identification and tailoring of academic
instruction to students's specific learning needs; and
``(iv) focus on classroom management.
``SEC. 202. STATE GRANTS.
``(a) In General.--From amounts made available under
section 210(1) for a fiscal year, the Secretary is authorized
to award grants under this section, on a competitive basis,
to eligible States to enable the eligible States to carry out
the activities described in subsection (d).
``(b) Eligible State.--
``(1) Definition.--In this part, the term `eligible State'
means--
``(A) the Governor of a State; or
``(B) in the case of a State for which the constitution or
law of such State designates another individual, entity, or
agency in the State to be responsible for teacher
certification and preparation activity, such individual,
entity, or agency.
``(2) Consultation.--The Governor or the individual,
entity, or agency designated under paragraph (1)(B) shall
consult with the Governor, State board of education, State
educational agency, State agency for higher education, or
State agency responsible for early childhood education and
programs, as appropriate, with respect to the activities
assisted under this section.
``(3) Construction.--Nothing in this subsection shall be
construed to negate or supersede the legal authority under
State law of any State agency, State entity, or State public
official over programs that are under the jurisdiction of the
agency, entity, or official.
``(c) Application.--To be eligible to receive a grant under
this section, an eligible State shall submit an application
to the Secretary that--
``(1) meets the requirement of this section;
``(2) demonstrates that the State is in full compliance
with sections 207 and 208;
``(3) includes a description of how the eligible State
intends to use funds provided under this section;
``(4) includes measurable objectives for the use of the
funds provided under the grant;
``(5) demonstrates the State has submitted and is actively
implementing a plan that meets the requirements of sections
1111(h)(1)(C)(viii) and 1119 of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 6311(h)(1)(C)(viii) and
6319); and
``(6) contains such other information and assurances as the
Secretary may require.
``(d) Uses of Funds.--An eligible State that receives a
grant under this section shall use the grant funds to reform
teacher preparation requirements, to coordinate with State
activities under section 2113(c) of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 6613(c)), and to
ensure that current and future teachers are highly qualified,
by carrying out one or more of the following activities:
``(1) Reforms.--Ensuring that all teacher preparation
programs in the State are preparing teachers who are highly
qualified, are able to understand scientifically based
research and its applicability, and are able to use advanced
technology effectively in the classroom, including use for
instructional techniques to improve student academic
achievement, by assisting such programs--
``(A) to retrain faculty; and
``(B) to design (or redesign) teacher preparation programs
so they--
``(i) are based on rigorous academic content,
scientifically based research (including scientifically based
reading research), and challenging State student academic
content standards; and
``(ii) promote strong teaching skills.
``(2) Certification or licensure requirements.--Reforming
teacher certification (including recertification) or
licensing requirements to ensure that--
``(A) teachers have the subject matter knowledge and
teaching skills in the academic subjects that the teachers
teach that are necessary to help students meet challenging
State student academic achievement standards; and
``(B) such requirements are aligned with challenging State
academic content standards.
``(3) Alternatives to traditional teacher preparation and
state certification.--Providing prospective teachers with
alternative routes to State certification and traditional
preparation to become highly qualified teachers through--
``(A) innovative approaches that reduce unnecessary
barriers to State certification while producing highly
qualified teachers, which may include articulation agreements
between institutions of higher education;
``(B) programs that provide support to teachers during
their initial years in the profession; and
``(C) alternative routes to State certification of teachers
for qualified individuals, including mid-career professionals
from other occupations, former military personnel, and recent
college graduates with records of academic distinction.
``(4) Innovative programs.--Planning and implementing
innovative programs to enhance the ability of institutions of
higher education to prepare highly qualified teachers, such
as charter colleges of education or university and local
educational agency partnership schools, that--
``(A) permit flexibility in meeting State requirements as
long as graduates, during their initial years in the
profession, increase student academic achievement;
``(B) provide long-term data gathered from teachers'
performance over multiple years in the classroom on the
ability to increase student academic achievement;
``(C) ensure high-quality preparation of teachers from
underrepresented groups; and
``(D) create performance measures that can be used to
document the effectiveness of innovative methods for
preparing highly qualified teachers.
``(5) Merit pay.--Developing, or assisting local
educational agencies in developing--
``(A) merit-based performance systems that reward teachers
who increase student academic achievement; and
``(B) strategies that provide differential and bonus pay in
high-need local educational agencies to retain--
``(i) principals;
``(ii) highly qualified teachers who teach in high-need
academic subjects, such as reading, mathematics, and science;
``(iii) highly qualified teachers who teach in schools
identified for school improvement under section 1116(b) of
the Elementary and Secondary Education Act of 1965 (20 U.S.C.
6316(b));
``(iv) special education teachers;
``(v) teachers specializing in teaching limited English
proficient children; and
``(vi) highly qualified teachers in urban and rural schools
or districts.
``(6) Teacher advancement.--Developing, or assisting local
educational agencies in developing, teacher advancement and
retention initiatives that promote professional growth and
emphasize multiple career paths (such as paths to becoming a
highly qualified mentor teacher or exemplary teacher) and pay
differentiation.
``(7) Teacher removal.--Developing and implementing
effective mechanisms to ensure that local educational
agencies and schools are able to remove expeditiously
incompetent or unqualified teachers consistent with
procedures to ensure due process for the teachers.
``(8) Technical assistance.--Providing technical assistance
to low-performing teacher preparation programs within
institutions of higher education identified under section
208(a).
``(9) Teacher effectiveness.--Developing--
``(A) systems to measure the effectiveness of teacher
preparation programs and professional development programs;
and
``(B) strategies to document gains in student academic
achievement or increases in teacher mastery of the academic
subjects the teachers teach as a result of such programs.
``(10) Teacher recruitment and retention.--Undertaking
activities that--
``(A) develop and implement effective mechanisms to ensure
that local educational agencies and schools are able
effectively to recruit and retain highly qualified teachers;
or
``(B) are described in section 204(d).
``(11) Early childhood educator.--Developing strategies--
``(A) to improve the qualifications of preschool teachers,
which may include State certification for such teachers;
``(B) to improve and expand preschool teacher preparation
programs; and
``(C) to reduce unnecessary burdens to the attainment of a
bachelor's degree in early childhood education and increase
the number of bilingual early childhood educators, which may
include developing articulation agreements between
institutions of higher education.
``(12) Gifted and talented students.--Incorporating the
learning needs of gifted and talented students into the
activities described in paragraph (1), (2), or (3) in order
to ensure that new teachers possess the basic knowledge and
skills necessary to meet the educational needs of gifted and
talented students.
``(13) New-teacher mentoring on the needs of gifted and
talented students.-- Establishing or expanding new-teacher
mentoring and assessment programs (including induction and
evaluation programs) that are a part of a licensure process
which is designed to demonstrate that new teachers possess
basic knowledge of the classroom indicators of giftedness,
are able to identify student learning differences among
gifted students, and are able to provide instruction to
accommodate such differences.
``(14) Special education, math, and science faculty.--
Supporting the development of new special education, math,
and science faculty positions in institutions of higher
education dedicated to the preparation of highly qualified
special education, math, and science teachers (as defined by
section 9101 of the Elementary and Secondary Education Act or
section 602 of the Individuals with Disabilities Education
Act), with matching funds from institutions of higher
education and a commitment to continue new faculty positions
when Federal funding ends.
``(15) Subject area evaluation.--Assessing the performance
of teacher preparation
[[Page H1229]]
programs within institutions of higher education in the State
using an assessment which provides comparisons across such
schools in the State based upon indicators including teacher
candidate knowledge in subject areas in which such candidate
has been prepared to teach. Such information shall be made
publicly available and widely disseminated.
``(e) Evaluation.--
``(1) Evaluation system.--An eligible State that receives a
grant under this section shall develop and utilize a system
to evaluate annually the effectiveness of teacher preparation
programs and professional development activities within the
State in producing gains in--
``(A) the teacher's annual contribution to improving
student academic achievement, as measured by State academic
assessments required under section 1111(b)(3) of the
Elementary and Secondary Education Act of 1965 (20 U.S.C.
6311(b)(3)); and
``(B) teacher mastery of the academic subjects they teach,
as measured by pre- and post-participation tests of teacher
knowledge, as appropriate.
``(2) Use of evaluation system.--Such evaluation system
shall be used by the State to evaluate--
``(A) activities carried out using funds provided under
this section; and
``(B) the quality of its teacher education programs.
``(3) Public reporting.--The State shall make the
information described in paragraph (1) widely available
through public means, such as posting on the Internet,
distribution to the media, and distribution through public
agencies.
``SEC. 203. PARTNERSHIP GRANTS.
``(a) Grants.--From amounts made available under section
210(2) for a fiscal year, the Secretary is authorized to
award grants under this section, on a competitive basis, to
eligible partnerships to enable the eligible partnerships to
carry out the activities described in subsections (d) and
(e).
``(b) Definitions.--
``(1) Eligible partnerships.--In this part, the term
`eligible partnership' means an entity that--
``(A) shall include--
``(i) a partner institution;
``(ii) a school of arts and sciences;
``(iii) a high-need local educational agency; and
``(iv) a public or private educational organization; and
``(B) may include a Governor, State educational agency, the
State board of education, the State agency for higher
education, an institution of higher education not described
in subparagraph (A), a public charter school, a public or
private elementary school or secondary school, a public or
private educational organization, a business, a science-,
mathematics-, or technology-oriented entity, a faith-based or
community organization, a prekindergarten program, a teacher
organization, an education service agency, a consortia of
local educational agencies, or a nonprofit telecommunications
entity.
``(2) Partner institution.--In this section, the term
`partner institution' means an institution of higher
education, the teacher training program of which demonstrates
that--
``(A) graduates from the teacher training program exhibit
strong performance on State-determined qualifying assessments
for new teachers through--
``(i) demonstrating that the graduates of the program who
intend to enter the field of teaching have passed all of the
applicable State qualification assessments for new teachers,
which shall include an assessment of each prospective
teacher's subject matter knowledge in the content area or
areas in which the teacher intends to teach; or
``(ii) being ranked among the highest-performing teacher
preparation programs in the State as determined by the
State--
``(I) using criteria consistent with the requirements for
the State report card under section 207(a); and
``(II) using the State report card on teacher preparation
required under section 207(a); or
``(B) the teacher training program requires all the
students of the program to participate in intensive clinical
experience, to meet high academic standards, and--
``(i) in the case of secondary school candidates, to
successfully complete an academic major in the subject area
in which the candidate intends to teach or to demonstrate
competence through a high level of performance in relevant
content areas; and
``(ii) in the case of elementary school candidates, to
successfully complete an academic major in the arts and
sciences or to demonstrate competence through a high level of
performance in core academic subject areas.
``(c) Application.--Each eligible partnership desiring a
grant under this section shall submit an application to the
Secretary at such time, in such manner, and accompanied by
such information as the Secretary may require. Each such
application shall--
``(1) contain a needs assessment of all the partners with
respect to teaching and learning and a description of how the
partnership will coordinate with other teacher training or
professional development programs, and how the activities of
the partnership will be consistent with State, local, and
other education reform activities that promote student
academic achievement;
``(2) contain a resource assessment that describes the
resources available to the partnership, the intended use of
the grant funds, including a description of how the grant
funds will be used in accordance with subsection (f), and the
commitment of the resources of the partnership to the
activities assisted under this part, including financial
support, faculty participation, time commitments, and
continuation of the activities when the grant ends;
``(3) contain a description of--
``(A) how the partnership will meet the purposes of this
part;
``(B) how the partnership will carry out the activities
required under subsection (d) and any permissible activities
under subsection (e);
``(C) the partnership's evaluation plan pursuant to section
206(b);
``(D) how faculty of the teacher preparation program at the
partner institution will serve, over the term of the grant,
with highly qualified teachers in the classrooms of the high-
need local educational agency included in the partnership;
``(E) how the partnership will ensure that teachers,
principals, and superintendents in private elementary and
secondary schools located in the geographic areas served by
an eligible partnership under this section will participate
equitably in accordance with section 9501 of the Elementary
and Secondary Education Act of 1965 (20 U.S.C. 7881);
``(F) how the partnership will design and implement a
clinical program component that includes close supervision of
student teachers by faculty of the teacher preparation
program at the partner institution and mentor teachers;
``(G) how the partnership will design and implement an
induction program to support all new teachers through the
first 3 years of teaching that includes mentors who are
trained and compensated by the partnership for their work
with new teachers; and
``(H) how the partnership will collect, analyze, and use
data on the retention of all teachers in schools located in
the geographic areas served by the partnership to evaluate
the effectiveness of its teacher support system; and
``(4) contain a certification from the high-need local
educational agency included in the partnership that it has
reviewed the application and determined that the grant
proposed will comply with subsection (f).
``(d) Required Uses of Funds.--An eligible partnership that
receives a grant under this section shall use the grant funds
to reform teacher preparation requirements, to coordinate
with State activities under section 2113(c) of the Elementary
and Secondary Education Act of 1965 (20 U.S.C. 6613(c)), and
to ensure that current and future teachers are highly
qualified, by carrying out one or more of the following
activities:
``(1) Reforms.--Implementing reforms within teacher
preparation programs to ensure that such programs are
preparing teachers who are highly qualified, are able to
understand scientifically based research and its
applicability, and are able to use advanced technology
effectively in the classroom, including use for instructional
techniques to improve student academic achievement, by--
``(A) retraining faculty; and
``(B) designing (or redesigning) teacher preparation
programs so they--
``(i) are based on rigorous academic content,
scientifically based research (including scientifically based
reading research), and challenging State student academic
content standards; and
``(ii) promote strong teaching skills.
``(2) Clinical experience and interaction.--Providing
sustained and high-quality preservice and in-service clinical
experience, including the mentoring of prospective teachers
by exemplary teachers, substantially increasing interaction
between faculty at institutions of higher education and new
and experienced teachers, principals, and other
administrators at elementary schools or secondary schools,
and providing support for teachers, including preparation
time and release time, for such interaction.
``(3) Professional development.--Creating opportunities for
enhanced and ongoing professional development that improves
the academic content knowledge of teachers in the subject
areas in which the teachers are certified to teach or in
which the teachers are working toward certification to teach,
and that promotes strong teaching skills.
``(4) Teacher preparation.--Developing, or assisting local
educational agencies in developing, professional development
activities that--
``(A) provide training in how to teach and address the
needs of students with different learning styles,
particularly students with disabilities, limited English
proficient students, gifted and talented students, and
students with special learning needs; and
``(B) provide training in methods of--
``(i) improving student behavior in the classroom; and
``(ii) identifying early and appropriate interventions to
help students described in subparagraph (A) learn.
``(e) Allowable Uses of Funds.--An eligible partnership
that receives a grant under this section may use such funds
to carry out the following activities:
``(1) Alternatives to traditional teacher preparation and
state certification.--Providing prospective teachers with
alternative routes to State certification and traditional
preparation to become highly qualified teachers through--
[[Page H1230]]
``(A) innovative approaches that reduce unnecessary
barriers to teacher preparation producing highly qualified
teachers, which may include articulation agreements between
institutions of higher education;
``(B) programs that provide support during a teacher's
initial years in the profession; and
``(C) alternative routes to State certification of teachers
for qualified individuals, including mid-career professionals
from other occupations, former military personnel, and recent
college graduates with records of academic distinction.
``(2) Dissemination and coordination.--Broadly
disseminating information on effective practices used by the
partnership, and coordinating with the activities of the
Governor, State board of education, State higher education
agency, and State educational agency, as appropriate.
``(3) Managerial and leadership skills.--Developing and
implementing professional development programs for principals
and superintendents that enable them to be effective school
leaders and prepare all students to meet challenging State
academic content and student academic achievement standards.
``(4) Teacher recruitment.--Activities--
``(A) to encourage students to become highly qualified
teachers, such as extracurricular enrichment activities; and
``(B) activities described in section 204(d).
``(5) Clinical experience in science, mathematics, and
technology.--Creating opportunities for clinical experience
and training, by participation in the business, research, and
work environments with professionals, in areas relating to
science, mathematics, and technology for teachers and
prospective teachers, including opportunities for use of
laboratory equipment, in order for the teacher to return to
the classroom for at least 2 years and provide instruction
that will raise student academic achievement.
``(6) Coordination with community colleges.--Coordinating
with community colleges to implement teacher preparation
programs, including through distance learning or articulation
agreements, for the purposes of allowing prospective
teachers--
``(A) to attain a bachelor's degree and State certification
or licensure; and
``(B) to become highly qualified teachers.
``(7) Teacher mentoring.--Establishing or implementing a
teacher mentoring program that--
``(A) includes minimum qualifications for mentors;
``(B) provides training and stipends for mentors;
``(C) provides mentoring programs for teachers in their
first 3 years of teaching;
``(D) provides regular and ongoing opportunities for
mentors and mentees to observe each other's teaching methods
in classroom settings during the school day;
``(E) establishes an evaluation and accountability plan for
activities conducted under this paragraph that includes
rigorous objectives to measure the impact of such activities;
and
``(F) provides for a report to the Secretary on an annual
basis regarding the partnership's progress in meeting the
objectives described in subparagraph (E).
``(8) Computer software for multilingual education.--
Training teachers to use computer software for multilingual
education to address the needs of limited English proficient
students.
``(9) Gifted and talented students.--Increasing the
knowledge and skills of preservice teachers participating in
activities under subsection (d) in the educational and
related needs of gifted and talented students by, among other
strategies, infusing teacher coursework with units on the
characteristics of high-ability learners, using assessments
to identify preexisting knowledge and skills among students,
and developing teaching strategies that are driven by the
learner's progress.
``(10) Reducing the shortage of highly qualified special
education, math, and science teachers.--Increasing the number
of highly qualified special education, math, and science
teachers (as defined by section 9101 of the Elementary and
Secondary Education Act or section 602 of the Individuals
with Disabilities Education Act) through such activities as
recruitment, scholarships for tuition, and new teacher
mentoring.
``(f) Special Rule.--At least 50 percent of the funds made
available to an eligible partnership under this section shall
be used directly to benefit the high-need local educational
agency included in the partnership. Any entity described in
subsection (b)(1)(A) may be the fiscal agent under this
section.
``(g) Construction.--Nothing in this section shall be
construed to prohibit an eligible partnership from using
grant funds to coordinate with the activities of more than
one Governor, State board of education, State educational
agency, local educational agency, or State agency for higher
education.
``(h) Supplement, not Supplant.--Funds made available under
this section shall be used to supplement, and not supplant,
other Federal, State, and local funds that would otherwise be
expended to carry out the purposes of this section.
``SEC. 204. TEACHER RECRUITMENT GRANTS.
``(a) Program Authorized.--From amounts made available
under section 210(3) for a fiscal year, the Secretary is
authorized to award grants, on a competitive basis, to
eligible applicants to enable the eligible applicants to
carry out activities described in subsection (d).
``(b) Eligible Applicant Defined.--In this part, the term
`eligible applicant' means--
``(1) an eligible State described in section 202(b); or
``(2) an eligible partnership described in section 203(b).
``(c) Application.--Any eligible applicant desiring to
receive a grant under this section shall submit an
application to the Secretary at such time, in such form, and
containing such information as the Secretary may require,
including--
``(1) a description of the assessment that the eligible
applicant, and the other entities with whom the eligible
applicant will carry out the grant activities, have
undertaken to determine the most critical needs of the
participating high-need local educational agencies;
``(2) a description of the activities the eligible
applicant will carry out with the grant, including the extent
to which the applicant will use funds to recruit minority
students to become highly qualified teachers; and
``(3) a description of the eligible applicant's plan for
continuing the activities carried out with the grant, once
Federal funding ceases.
``(d) Uses of Funds.--Each eligible applicant receiving a
grant under this section shall use the grant funds--
``(1)(A) to award scholarships to help students, such as
individuals who have been accepted for their first year, or
who are enrolled in their first or second year, of a program
of undergraduate education at an institution of higher
education, pay the costs of tuition, room, board, and other
expenses of completing a teacher preparation program;
``(B) to provide support services, if needed to enable
scholarship recipients--
``(i) to complete postsecondary education programs; or
``(ii) to transition from a career outside of the field of
education into a teaching career; and
``(C) for followup services provided to former scholarship
recipients during the recipients first 3 years of teaching;
or
``(2) to develop and implement effective mechanisms to
ensure that high-need local educational agencies and schools
are able effectively to recruit highly qualified teachers.
``(e) Additional Discretionary Uses of Funds.--In addition
to the uses described in subsection (d), each eligible
applicant receiving a grant under this section may use the
grant funds--
``(1) to develop and implement effective mechanisms to
recruit into the teaching profession employees from--
``(A) high-demand industries, including technology
industries; and
``(B) the fields of science, mathematics, and engineering;
``(2) to conduct outreach and coordinate with inner city
and rural secondary schools to encourage students to pursue
teaching as a career;
``(3) to develop and implement dual degree programs that
enable students at institutions of higher education to earn
two undergraduate degrees concurrently, one of such degrees
being in education and the other in the subject matter of the
student's choosing; and
``(4) to recruit high achieving students, bilingual
students, and other qualified candidates into early childhood
education programs.
``(f) Service Requirements.--
``(1) In general.--The Secretary shall establish such
requirements as the Secretary determines necessary to ensure
that recipients of scholarships under this section who
complete teacher education programs--
``(A) subsequently teach in a high-need local educational
agency for a period of time equivalent to--
``(i) one year; increased by
``(ii) the period for which the recipient received
scholarship assistance; or
``(B) repay the amount of the scholarship.
``(2) Use of repayments.--The Secretary shall use any such
repayments to carry out additional activities under this
section.
``(g) Priority.--The Secretary shall give priority under
this section to eligible applicants who provide an assurance
that they will recruit a high percentage of minority students
to become highly qualified teachers.
``SEC. 205. ADMINISTRATIVE PROVISIONS.
``(a) Duration; One-Time Awards; Payments.--
``(1) Duration.--
``(A) Eligible states and eligible applicants.--Grants
awarded to eligible States and eligible applicants under this
part shall be awarded for a period not to exceed 3 years.
``(B) Eligible partnerships.--Grants awarded to eligible
partnerships under this part shall be awarded for a period of
5 years.
``(2) One-time award.--An eligible partnership may receive
a grant under each of sections 203 and 204, as amended by the
College Access and Opportunity Act of 2006, only once.
``(3) Payments.--The Secretary shall make annual payments
of grant funds awarded under this part.
``(b) Peer Review.--
``(1) Panel.--The Secretary shall provide the applications
submitted under this part to a peer review panel for
evaluation. With respect to each application, the peer review
panel shall initially recommend the application for funding
or for disapproval.
``(2) Priority.--In recommending applications to the
Secretary for funding under this part, the panel shall--
``(A) with respect to grants under section 202, give
priority to eligible States that--
[[Page H1231]]
``(i) have initiatives to reform State teacher
certification requirements that are based on rigorous
academic content, scientifically based research, including
scientifically based reading research, and challenging State
student academic content standards;
``(ii) have innovative reforms to hold institutions of
higher education with teacher preparation programs
accountable for preparing teachers who are highly qualified
and have strong teaching skills; or
``(iii) have innovative efforts aimed at reducing the
shortage of highly qualified teachers in high poverty urban
and rural areas; and
``(B) with respect to grants under section 203--
``(i) give priority to applications from broad-based
eligible partnerships that involve businesses and community
organizations; and
``(ii) take into consideration--
``(I) providing an equitable geographic distribution of the
grants throughout the United States; and
``(II) the potential of the proposed activities for
creating improvement and positive change.
``(3) Secretarial selection.--The Secretary shall
determine, based on the peer review process, which
application shall receive funding and the amounts of the
grants. In determining grant amounts, the Secretary shall
take into account the total amount of funds available for all
grants under this part and the types of activities proposed
to be carried out.
``(c) Matching Requirements.--
``(1) State grants.--Each eligible State receiving a grant
under section 202 or 204 shall provide, from non-Federal
sources, an amount equal to 50 percent of the amount of the
grant (in cash or in kind) to carry out the activities
supported by the grant.
``(2) Partnership grants.--Each eligible partnership
receiving a grant under section 203 or 204 shall provide,
from non-Federal sources (in cash or in kind), an amount
equal to 25 percent of the grant for the first year of the
grant, 35 percent of the grant for the second year of the
grant, and 50 percent of the grant for each succeeding year
of the grant.
``(d) Limitation on Administrative Expenses.--An eligible
State or eligible partnership that receives a grant under
this part may not use more than 2 percent of the grant funds
for purposes of administering the grant.
``SEC. 206. ACCOUNTABILITY AND EVALUATION.
``(a) State Grant Accountability Report.--An eligible State
that receives a grant under section 202 shall submit an
annual accountability report to the Secretary and the
authorizing committees. Such report shall include a
description of the degree to which the eligible State, in
using funds provided under such section, has made substantial
progress in meeting the following goals:
``(1) Percentage of highly qualified teachers.--Increasing
the percentage of highly qualified teachers in the State as
required by section 1119 of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 6319) and section 602 of the
Individuals with Disabilities Act (20 U.S.C. 1401).
``(2) Student academic achievement.--Increasing student
academic achievement for all students, which may be measured
through the use of value-added assessments, as defined by the
eligible State.
``(3) Raising standards.--Raising the State academic
standards required to enter the teaching profession as a
highly qualified teacher.
``(4) Initial certification or licensure.--Increasing
success in the pass rate for initial State teacher
certification or licensure, or increasing the numbers of
qualified individuals being certified or licensed as teachers
through alternative routes to certification and licensure.
``(5) Decreasing teacher shortages.--Decreasing shortages
of highly qualified teachers in poor urban and rural areas.
``(6) Increasing opportunities for research-based
professional development.--Increasing opportunities for
enhanced and ongoing professional development that--
``(A) improves the academic content knowledge of teachers
in the subject areas in which the teachers are certified or
licensed to teach or in which the teachers are working toward
certification or licensure to teach; and
``(B) promotes strong teaching skills.
``(7) Technology integration.--Increasing the number of
teachers prepared effectively to integrate technology into
curricula and instruction and who use technology to collect,
manage, and analyze data to improve teaching, learning,
decisionmaking, and parental involvement for the purpose of
increasing student academic achievement.
``(b) Eligible Partnership Evaluation.--Each eligible
partnership applying for a grant under section 203 shall
establish, and include in the application submitted under
section 203(c), an evaluation plan that includes strong
performance objectives. The plan shall include objectives and
measures for--
``(1) increased student achievement for all students, as
measured by the partnership;
``(2) increased teacher retention in the first 3 years of a
teacher's career;
``(3) increased success in the pass rate for initial State
certification or licensure of teachers;
``(4) increased percentage of highly qualified teachers;
and
``(5) increasing the number of teachers trained effectively
to integrate technology into curricula and instruction and
who use technology to collect, manage, and analyze data to
improve teaching, learning, and decisionmaking for the
purpose of improving student academic achievement.
``(c) Revocation of Grant.--
``(1) Report.--Each eligible State or eligible partnership
receiving a grant under section 202 or 203 shall report
annually on the progress of the eligible State or eligible
partnership toward meeting the purposes of this part and the
goals, objectives, and measures described in subsections (a)
and (b).
``(2) Revocation.--
``(A) Eligible states and eligible applicants.--If the
Secretary determines that an eligible State or eligible
applicant is not making substantial progress in meeting the
purposes, goals, objectives, and measures, as appropriate, by
the end of the second year of a grant under this part, then
the grant payment shall not be made for the third year of the
grant.
``(B) Eligible partnerships.--If the Secretary determines
that an eligible partnership is not making substantial
progress in meeting the purposes, goals, objectives, and
measures, as appropriate, by the end of the third year of a
grant under this part, then the grant payments shall not be
made for any succeeding year of the grant.
``(d) Evaluation and Dissemination.--The Secretary shall
evaluate the activities funded under this part and report
annually the Secretary's findings regarding the activities to
the authorizing committees. The Secretary shall broadly
disseminate successful practices developed by eligible States
and eligible partnerships under this part, and shall broadly
disseminate information regarding such practices that were
found to be ineffective.
``SEC. 207. ACCOUNTABILITY FOR PROGRAMS THAT PREPARE
TEACHERS.
``(a) State Report Card on the Quality of Teacher
Preparation.--Each State that receives funds under this Act
shall provide to the Secretary annually, in a uniform and
comprehensible manner that conforms with the definitions and
methods established by the Secretary, a State report card on
the quality of teacher preparation in the State, both for
traditional certification or licensure programs and for
alternative certification or licensure programs, which shall
include at least the following:
``(1) A description of the teacher certification and
licensure assessments, and any other certification and
licensure requirements, used by the State.
``(2) The standards and criteria that prospective teachers
must meet in order to attain initial teacher certification or
licensure and to be certified or licensed to teach particular
subjects or in particular grades within the State.
``(3) A description of the extent to which the assessments
and requirements described in paragraph (1) are aligned with
the State's standards and assessments for students.
``(4) The percentage of students who have completed at
least 50 percent of the requirements for a teacher
preparation program at an institution of higher education or
alternative certification program and who have taken and
passed each of the assessments used by the State for teacher
certification and licensure, and the passing score on each
assessment that determines whether a candidate has passed
that assessment.
``(5) For students who have completed at least 50 percent
of the requirements for a teacher preparation program at an
institution of higher education or alternative certification
program, and who have taken and passed each of the
assessments used by the State for teacher certification and
licensure, each such institution's and each such program's
average raw score, ranked by teacher preparation program,
which shall be made available widely and publicly.
``(6) A description of each State's alternative routes to
teacher certification, if any, and the number and percentage
of teachers certified through each alternative certification
route who pass State teacher certification or licensure
assessments.
``(7) For each State, a description of proposed criteria
for assessing the performance of teacher preparation programs
in the State, including indicators of teacher candidate
skills, academic content knowledge, and evidence of gains in
student academic achievement.
``(8) For each teacher preparation program in the State,
the number of students in the program, the number of minority
students in the program, the average number of hours of
supervised practice teaching required for those in the
program, and the number of full-time equivalent faculty and
students in supervised practice teaching.
``(b) Report of the Secretary on the Quality of Teacher
Preparation.--
``(1) Report card.--The Secretary shall provide to
Congress, and publish and make widely available, a report
card on teacher qualifications and preparation in the United
States, including all the information reported in paragraphs
(1) through (8) of subsection (a). Such report shall identify
which eligible States received a grant under this part, and
the States in which eligible partnerships receiving grants
are located. Such report shall be published and made
available annually.
``(2) Report to congress.--The Secretary shall report to
Congress--
``(A) a comparison of States' efforts to improve teaching
quality; and
[[Page H1232]]
``(B) regarding the national mean and median scores on any
standardized test that is used in more than one State for
teacher certification or licensure.
``(3) Special rule.--In the case of programs with fewer
than 10 students who have completed at least 50 percent of
the requirements for a teacher preparation program taking any
single initial teacher certification or licensure assessment
during an academic year, the Secretary shall collect and
publish information with respect to an average pass rate on
State certification or licensure assessments taken over a 3-
year period.
``(c) Coordination.--The Secretary, to the extent
practicable, shall coordinate the information collected and
published under this part among States for individuals who
took State teacher certification or licensure assessments in
a State other than the State in which the individual received
the individual's most recent degree.
``(d) Institution and Program Report Cards on Quality of
Teacher Preparation.--
``(1) Report card.--Each institution of higher education or
alternative certification program that conducts a teacher
preparation program that enrolls students receiving Federal
assistance under this Act shall report annually to the State
and the general public, in a uniform and comprehensible
manner that conforms with the definitions and methods
established by the Secretary, both for traditional
certification or licensure programs and for alternative
certification or licensure programs, the following
information:
``(A) Pass rate.--(i) For the most recent year for which
the information is available, the pass rate of each student
who has completed at least 50 percent of the requirements for
the teacher preparation program on the teacher certification
or licensure assessments of the State in which the
institution is located, but only for those students who took
those assessments within 3 years of receiving a degree from
the institution or completing the program.
``(ii) A comparison of the institution or program's pass
rate for students who have completed at least 50 percent of
the requirements for the teacher preparation program with the
average pass rate for institutions and programs in the State.
``(iii) A comparison of the institution or program's
average raw score for students who have completed at least 50
percent of the requirements for the teacher preparation
program with the average raw scores for institutions and
programs in the State.
``(iv) In the case of programs with fewer than 10 students
who have completed at least 50 percent of the requirements
for a teacher preparation program taking any single initial
teacher certification or licensure assessment during an
academic year, the institution shall collect and publish
information with respect to an average pass rate on State
certification or licensure assessments taken over a 3-year
period.
``(B) Program information.--The number of students in the
program, the average number of hours of supervised practice
teaching required for those in the program, and the number of
full-time equivalent faculty and students in supervised
practice teaching.
``(C) Statement.--In States that require approval or
accreditation of teacher education programs, a statement of
whether the institution's program is so approved or
accredited, and by whom.
``(D) Designation as low-performing.--Whether the program
has been designated as low-performing by the State under
section 208(a).
``(2) Requirement.--The information described in paragraph
(1) shall be reported through publications such as school
catalogs and promotional materials sent to potential
applicants, secondary school guidance counselors, and
prospective employers of the institution's program graduates,
including materials sent by electronic means.
``(3) Fines.--In addition to the actions authorized in
section 487(c), the Secretary may impose a fine not to exceed
$25,000 on an institution of higher education for failure to
provide the information described in this subsection in a
timely or accurate manner.
``(e) Data Quality.--Either--
``(1) the Governor of the State; or
``(2) in the case of a State for which the constitution or
law of such State designates another individual, entity, or
agency in the State to be responsible for teacher
certification and preparation activity, such individual,
entity, or agency;
shall attest annually, in writing, as to the reliability,
validity, integrity, and accuracy of the data submitted
pursuant to this section.
``SEC. 208. STATE FUNCTIONS.
``(a) State Assessment.--In order to receive funds under
this Act, a State shall have in place a procedure to identify
and assist, through the provision of technical assistance,
low-performing programs of teacher preparation within
institutions of higher education. Such State shall provide
the Secretary an annual list of such low-performing
institutions that includes an identification of those
institutions at risk of being placed on such list. Such
levels of performance shall be determined solely by the State
and may include criteria based upon information collected
pursuant to this part. Such assessment shall be described in
the report under section 207(a). A State receiving Federal
funds under this title shall develop plans to close or
reconstitute underperforming programs of teacher preparation
within institutions of higher education.
``(b) Termination of Eligibility.--Any institution of
higher education that offers a program of teacher preparation
in which the State has withdrawn the State's approval or
terminated the State's financial support due to the low
performance of the institution's teacher preparation program
based upon the State assessment described in subsection (a)--
``(1) shall be ineligible for any funding for professional
development activities awarded by the Department of
Education; and
``(2) shall not be permitted to accept or enroll any
student who receives aid under title IV of this Act in the
institution's teacher preparation program.
``SEC. 209. GENERAL PROVISIONS.
``(a) Methods.--In complying with sections 207 and 208, the
Secretary shall ensure that States and institutions of higher
education use fair and equitable methods in reporting and
that the reporting methods do not allow identification of
individuals.
``(b) Special Rule.--For each State in which there are no
State certification or licensure assessments, or for States
that do not set minimum performance levels on those
assessments--
``(1) the Secretary shall, to the extent practicable,
collect data comparable to the data required under this part
from States, local educational agencies, institutions of
higher education, or other entities that administer such
assessments to teachers or prospective teachers; and
``(2) notwithstanding any other provision of this part, the
Secretary shall use such data to carry out requirements of
this part related to assessments or pass rates.
``(c) Limitations.--
``(1) Federal control prohibited.--Nothing in this part
shall be construed to permit, allow, encourage, or authorize
any Federal control over any aspect of any private,
religious, or home school, whether or not a home school is
treated as a private school or home school under State law.
This section shall not be construed to prohibit private,
religious, or home schools from participation in programs or
services under this part.
``(2) No change in state control encouraged or required.--
Nothing in this part shall be construed to encourage or
require any change in a State's treatment of any private,
religious, or home school, whether or not a home school is
treated as a private school or home school under State law.
``(3) National system of teacher certification
prohibited.--Nothing in this part shall be construed to
permit, allow, encourage, or authorize the Secretary to
establish or support any national system of teacher
certification.
``SEC. 210. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to carry out this
part $300,000,000 for fiscal year 2006 and such sums as may
be necessary for each of the 5 succeeding fiscal years, of
which--
``(1) 45 percent shall be available for each fiscal year to
award grants under section 202;
``(2) 45 percent shall be available for each fiscal year to
award grants under section 203; and
``(3) 10 percent shall be available for each fiscal year to
award grants under section 204.''.
SEC. 202. PREPARING TOMORROW'S TEACHERS TO USE TECHNOLOGY.
(a) Eligibility.--Section 222(a)(3)(D) (20 U.S.C.
1042(a)(3)(D)) is amended by inserting ``nonprofit
telecommunications entity,'' after ``community-based
organization,''.
(b) Permissible Uses of Funds.--Section 223(b)(1)(E) of the
Higher Education Act of 1965 (20 U.S.C. 1043(b)(1)(E)) is
amended to read as follows:
``(E) to use technology to collect, manage, and analyze
data to improve teaching, learning, and decisionmaking for
the purpose of increasing student academic achievement.''.
(c) Authorization of Appropriations.--Section 224 (20
U.S.C. 1044) is amended by striking ``each of fiscal years
2002 and 2003.'' and inserting ``fiscal year 2006 and each of
the 5 succeeding fiscal years.''.
SEC. 203. CENTERS OF EXCELLENCE.
Title II (20 U.S.C. 1021 et seq.) is amended by adding at
the end the following:
``PART C--CENTERS OF EXCELLENCE
``SEC. 231. PURPOSES; DEFINITIONS.
``(a) Purposes.--The purposes of this part are--
``(1) to help recruit and prepare teachers, including
minority teachers, to meet the national demand for a highly
qualified teacher in every classroom; and
``(2) to increase opportunities for Americans of all
educational, ethnic, class, and geographic backgrounds to
become highly qualified teachers.
``(b) Definitions.--As used in this part:
``(1) Eligible institution.--The term `eligible
institution' means--
``(A) an institution of higher education that has a teacher
preparation program that meets the requirements of section
203(b)(2) and that is--
``(i) a part B institution (as defined in section 322);
``(ii) a Hispanic-serving institution (as defined in
section 502);
``(iii) a Tribal College or University (as defined in
section 316);
``(iv) an Alaska Native-serving institution (as defined in
section 317(b)); or
[[Page H1233]]
``(v) a Native Hawaiian-serving institution (as defined in
section 317(b));
``(B) a consortium of institutions described in
subparagraph (A); or
``(C) an institution described in subparagraph (A), or a
consortium described in subparagraph (B), in partnership with
any other institution of higher education, but only if the
center of excellence established under section 232 is located
at an institution described in subparagraph (A).
``(2) Highly qualified.--The term `highly qualified' when
used with respect to an individual means that the individual
is highly qualified as determined under section 9101 of the
Elementary and Secondary Education Act of 1965 (20 U.S.C.
7801) or section 602 of the Individuals with Disabilities
Education Act (20 U.S.C. 1401).
``(3) Scientifically based reading research.--The term
`scientifically based reading research' has the meaning given
such term in section 1208 of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 6368).
``(4) Scientifically based research.--The term
`scientifically based research' has the meaning given such
term in section 9101 of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7801).
``SEC. 232. CENTERS OF EXCELLENCE.
``(a) Program Authorized.--From the amounts appropriated to
carry out this part, the Secretary is authorized to award
competitive grants to eligible institutions to establish
centers of excellence.
``(b) Use of Funds.--Grants provided by the Secretary under
this part shall be used to ensure that current and future
teachers are highly qualified, by carrying out one or more of
the following activities:
``(1) Implementing reforms within teacher preparation
programs to ensure that such programs are preparing teachers
who are highly qualified, are able to understand
scientifically based research, and are able to use advanced
technology effectively in the classroom, including use for
instructional techniques to improve student academic
achievement, by--
``(A) retraining faculty; and
``(B) designing (or redesigning) teacher preparation
programs that--
``(i) prepare teachers to close student achievement gaps,
are based on rigorous academic content, scientifically based
research (including scientifically based reading research),
and challenging State student academic content standards; and
``(ii) promote strong teaching skills.
``(2) Providing sustained and high-quality preservice
clinical experience, including the mentoring of prospective
teachers by exemplary teachers, substantially increasing
interaction between faculty at institutions of higher
education and new and experienced teachers, principals, and
other administrators at elementary schools or secondary
schools, and providing support, including preparation time,
for such interaction.
``(3) Developing and implementing initiatives to promote
retention of highly qualified teachers and principals,
including minority teachers and principals, including
programs that provide--
``(A) teacher or principal mentoring from exemplary
teachers or principals; or
``(B) induction and support for teachers and principals
during their first 3 years of employment as teachers or
principals, respectively.
``(4) Awarding scholarships based on financial need to help
students pay the costs of tuition, room, board, and other
expenses of completing a teacher preparation program.
``(5) Disseminating information on effective practices for
teacher preparation and successful teacher certification and
licensure assessment preparation strategies.
``(6) Activities authorized under sections 202, 203, and
204.
``(c) Application.--Any eligible institution desiring a
grant under this section shall submit an application to the
Secretary at such a time, in such a manner, and accompanied
by such information the Secretary may require.
``(d) Minimum Grant Amount.--The minimum amount of each
grant under this part shall be $500,000.
``(e) Limitation on Administrative Expenses.--An eligible
institution that receives a grant under this part may not use
more than 2 percent of the grant funds for purposes of
administering the grant.
``(f) Regulations.--The Secretary shall prescribe such
regulations as may be necessary to carry out this part.
``SEC. 233. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to carry out this
part $10,000,000 for fiscal year 2006 and such sums as may be
necessary for each of the 5 succeeding fiscal years.''.
SEC. 204. TEACHER INCENTIVE FUND PROGRAM.
Title II (20 U.S.C. 1021 et seq.), as amended by section
203 of this Act, is further amended by adding at the end the
following:
``PART D--TEACHER INCENTIVE FUND PROGRAM
``SEC. 241. PURPOSE; DEFINITIONS.
``(a) Purpose.--The purpose of this part is to assist
States, local educational agencies, and non-profit or for-
profit organizations to develop and implement, or expand,
innovative compensation systems to provide financial rewards
for teachers and principals who raise student academic
achievement and close the achievement gap, especially in the
highest-need local educational agencies.
``(b) Definitions.--For purposes of this part:
``(1) Eligible entity.--The term `eligible entity' means--
``(A) a local educational agency, including a charter
school that is a local educational agency;
``(B) a State educational agency, or other State agency
designated by the chief executive of the State; or
``(C) a partnership of--
``(i) one or more agencies described in subparagraph (A) or
(B), or both; and
``(ii) at least one non-profit or for-profit organization.
``(2) High-need local educational agency.--The term `high-
need local educational agency' has the meaning given that
term in section 201.
``SEC. 242. TEACHER INCENTIVE FUND GRANTS.
``(a) Program Authorized.--
``(1) In general.--From the amounts appropriated to carry
out this part, the Secretary is authorized to award
competitive grants of up to 5 years in length to eligible
entities to develop and implement, or expand, a comprehensive
performance-based compensation system for teachers and
principals for one or more local educational agencies.
``(2) Comprehensive performance-based compensation
systems.--A comprehensive performance-based compensation
system developed and implemented, or expanded with funds
under this part--
``(A) shall differentiate levels of compensation primarily
on the basis of increases in student academic achievement;
and
``(B) may--
``(i) differentiate levels of compensation on the basis of
high-quality teachers' and principals' employment and success
in hard-to-staff schools or high-need subject areas; and
``(ii) recognize teachers' and principals' skills and
knowledge as demonstrated through--
``(I) successful fulfillment of additional responsibilities
or job functions; and
``(II) evidence of high achievement and mastery of content
knowledge and teaching skills.
``(b) Use of Funds.--A grantee shall use grant funds
provided under this part only to design and implement, or
expand, in collaboration with teachers, principals, other
school administrators, and members of the public, a
compensation system consistent with the requirements of this
part. Authorized activities under this part may include the
following:
``(1) Developing appraisal systems that reflect clear and
fair measures of student academic achievement.
``(2) Conducting outreach within the local educational
agency (or agencies) or the State to gain input on how to
construct the appraisal system and to develop support for it.
``(3) Paying, as part of a comprehensive performance-based
compensation system, bonuses and increased salaries to
teachers and principals who raise student academic
achievement, so long as the grantee uses an increasing share
of non-Federal funds to pay these monetary rewards each year
of the grant.
``(4) Paying, as part of a comprehensive performance-based
compensation system, additional bonuses to teachers who both
raise student academic achievement and either teach in high-
poverty schools or teach subjects that are difficult to
staff, or both, so long as the grantee uses an increasing
share of non-Federal funds to pay these monetary rewards each
year of the grant.
``(5) Paying, as part of a comprehensive performance-based
compensation system, additional bonuses to principals who
both raise student academic achievement and serve in high-
poverty schools, so long as the grantee uses an increasing
share of non-Federal funds to pay these monetary rewards each
year of the grant.
``(c) Applications.--To be eligible to receive a grant
under this part, an eligible entity shall submit an
application that includes--
``(1) a description of the local educational agency or
local educational agencies to be served by the project,
including such demographic information as the Secretary may
request;
``(2) information on student academic achievement and the
quality of the teachers and principals in the local
educational agency or agencies to be served by the project;
``(3) a description of the performance-based teacher and
principal compensation system that the applicant proposes to
develop and implement or expand;
``(4) a description of how the applicant will use grant
funds under this part in each year of the grant;
``(5) an explanation of how the applicant will meet the
requirement in subsection (b)(3) and how the grantee will
continue its performance-based compensation system after the
grant ends;
``(6) a description of the support and commitment from
teachers, the community or local educational agency or
agencies for the development and implementation, or
expansion, of a performance-based teacher and principal
compensation system;
``(7) a description of how teacher, principal and student
performance will be measured and the baseline measurement
units; and
``(8) a description, if applicable, of how the applicant
will define the term `high-quality' for the purposes of
subsection (a)(2)(B)(i), through the use of measurable
indicators, such as effectiveness in raising student academic
achievement, or demonstrated mastery of subject matter
knowledge.
[[Page H1234]]
``(d) Priority.--The Secretary shall give priority to
applications for projects that would establish comprehensive
performance-based compensation systems in high-need local
educational agencies.
``SEC. 243. EVALUATIONS.
``The Secretary shall conduct an independent evaluation of
the program under this part and may use up to 1 percent of
the funds made available under this part or $1,000,000,
whichever is less, for any fiscal year for the cost of the
evaluation.
``SEC. 244. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to carry out this
part $100,000,000 for fiscal year 2006 and such sums as may
be necessary for each of the 5 succeeding fiscal years.''.
SEC. 205. TRANSITION.
The Secretary of Education shall take such actions as the
Secretary determines to be appropriate to provide for the
orderly implementation of this title.
TITLE III--INSTITUTIONAL AID
SEC. 301. TITLE III GRANTS FOR AMERICAN INDIAN TRIBALLY
CONTROLLED COLLEGES AND UNIVERSITIES.
(a) Eligible Institutions.--Subsection (b) of section 316
(20 U.S.C. 1059c(b)) is amended to read as follows:
``(b) Definitions.--
``(1) Eligible institutions.--For purposes of this section,
Tribal Colleges and Universities are the following:
``(A) any of the following institutions that qualify for
funding under the Tribally Controlled College or University
Assistance Act of 1978 or is listed in Equity in Educational
Land Grant Status Act of 1994 (7 U.S.C. 301 note): Bay Mills
Community College; Blackfeet Community College; Cankdeska
Cikana Community College; Chief Dull Knife College; College
of Menominee Nation; Crownpoint Institute of Technology; Dine
College; D-Q University; Fond du Lac Tribal and Community
College; Fort Belknap College; Fort Berthold Community
College; Fort Peck Community College; Haskell Indian Nations
University; Institute of American Indian and Alaska Native
Culture and Arts Development; Lac Courte Oreilles Ojibwa
Community College; Leech Lake Tribal College; Little Big Horn
College; Little Priest Tribal College; Nebraska Indian
Community College; Northwest Indian College; Oglala Lakota
College; Saginaw Chippewa Tribal College; Salish Kootenai
College; Si Tanka University--Eagle Butte Campus; Sinte
Gleska University; Sisseton Wahpeton Community College;
Sitting Bull College; Southwestern Indian Polytechnic
Institute; Stone Child College; Tohono O'Odham Community
College; Turtle Mountain Community College; United Tribes
Technical College; and White Earth Tribal and Community
College; and
``(B) any other institution that meets the definition of
tribally controlled college or university in section 2 of the
Tribally Controlled College or University Assistance Act of
1978, and meets all other requirements of this section.
``(2) Indian.--The term `Indian' has the meaning given the
term in section 2 of the Tribally Controlled College or
University Assistance Act of 1978.''.
(b) Distance Learning.--Subsection (c)(2) of such section
is amended--
(1) by amending subparagraph (B) to read as follows:
``(B) construction, maintenance, renovation, and
improvement in classrooms, libraries, laboratories, and other
instructional facilities, including purchase or rental of
telecommunications technology equipment or services, and the
acquisition of real property adjacent to the campus of the
institution on which to construct such facilities;'';
(2) in subparagraph (C), by inserting before the semicolon
at the end the following: ``, or advanced degrees in tribal
governance or tribal public policy'';
(3) in subparagraph (D), by inserting before the semicolon
at the end the following: ``, in tribal governance, or tribal
public policy'';
(4) by striking ``and'' at the end of subparagraph (K);
(5) by redesignating subparagraph (L) as subparagraph (M);
and
(6) by inserting after subparagraph (K) the following new
subparagraph:
``(L) developing or improving facilities for Internet use
or other distance learning academic instruction capabilities;
and''.
(c) Application and Allotment.--Subsection (d) of such
section is amended to read as follows:
``(d) Application and Allotment.--
``(1) Institutional eligibility.--To be eligible to receive
assistance under this section, a Tribal College or University
shall be an eligible institution under section 312(b).
``(2) Application.--Any Tribal College or University
desiring to receive assistance under this section shall
submit an application to the Secretary at such time, and in
such manner, as the Secretary may reasonably require.
``(3) Allotments to institutions.--
``(A) Allotment: pell grant basis.--From the amount
appropriated to carry out this section for any fiscal year,
the Secretary shall allot to each eligible institution a sum
which bears the same ratio to one-half that amount as the
number of Pell Grant recipients in attendance at such
institution at the end of the award year preceding the
beginning of that fiscal year bears to the total number of
Pell Grant recipients at all eligible institutions.
``(B) Allotment: degree and certificate basis.--From the
amount appropriated to carry out this section for any fiscal
year, the Secretary shall allot to each eligible institution
a sum which bears the same ratio to one-half that amount as
the number of degrees or certificates awarded by such
institution during the preceding academic year bears to the
total number of degrees or certificates at all eligible
institutions.
``(C) Minimum grant.--Notwithstanding subparagraphs (A) and
(B), the amount allotted to each institution under this
section shall not be less than $400,000.
``(4) Special rules.--
``(A) Concurrent funding.--For the purposes of this part,
no Tribal College or University that is eligible for and
receives funds under this section shall concurrently receive
funds under other provisions of this part or part B.
``(B) Exemption.--Section 313(d) shall not apply to
institutions that are eligible to receive funds under this
section.''.
SEC. 302. ALASKA NATIVE AND NATIVE HAWAIIAN-SERVING
INSTITUTIONS.
(a) Distance Learning.--Section 317(c)(2) (20 U.S.C.
1059d(c)(2)) is amended--
(1) by amending subparagraph (B) to read as follows:
``(B) construction, maintenance, renovation, and
improvement in classrooms, libraries, laboratories, and other
instructional facilities, including purchase or rental of
telecommunications technology equipment or services, and the
acquisition of real property adjacent to the campus of the
institution on which to construct such facilities;'';
(2) in subparagraph (C), by inserting before the semicolon
at the end the following: ``, or advanced degrees in tribal
governance or tribal public policy'';
(3) in subparagraph (D), by inserting before the semicolon
at the end the following: ``, in tribal governance, or tribal
public policy'';
(4) by striking ``and'' at the end of subparagraph (G);
(5) by striking the period at the end of subparagraph (H)
and inserting a semicolon; and
(6) by inserting after subparagraph (H) the following new
subparagraph:
``(I) development or improvement of facilities for Internet
use or other distance learning academic instruction
capabilities; and''.
(b) Endowment Funds.--Section 317(c) is further amended by
adding at the end the following new paragraph:
``(3) Endowment funds.--
``(A) In general.--An Alaska Native or Native Hawaiian-
serving institution may use not more than 20 percent of the
grant funds provided under this section to establish or
increase an endowment fund at the institution.
``(B) Matching requirement.--In order to be eligible to use
grant funds in accordance with subparagraph (A), the
institution shall provide to the endowment fund from non-
Federal funds an amount equal to the Federal funds used in
accordance with subparagraph (A), for the establishment or
increase of the endowment fund.
``(C) Applicability of other provisions.--The provisions of
part C regarding the establishment or increase of an
endowment fund, that the Secretary determines are not
inconsistent with this paragraph, shall apply to funds used
under subparagraph (A).''.
(c) Application Process.--Section 317(d)(2) is amended by
striking ``Such application shall include--'' and all that
follows through ``may require.''.
SEC. 303. GRANTS TO PART B INSTITUTIONS.
(a) Use of Funds.--
(1) Facilities and equipment.--
(A) Undergraduate institutions.--Paragraph (2) of section
323(a) (20 U.S.C. 1062(a)) is amended to read as follows:
``(2) Construction, maintenance, renovation, and
improvement in classrooms, libraries, laboratories, and other
instructional facilities, including purchase or rental of
telecommunications technology equipment or services, and the
acquisition of real property adjacent to the campus of the
institution on which to construct such facilities.''.
(B) Graduate and professional schools.--Paragraph (2) of
section 326(c) is amended to read as follows:
``(2) construction, maintenance, renovation, and
improvement in classrooms, libraries, laboratories, and other
instructional facilities, including purchase or rental of
telecommunications technology equipment or services, and the
acquisition of real property adjacent to the campus of the
institution on which to construct such facilities;''.
(2) Outreach and collaboration.--Paragraph (11) of section
323(a) is amended to read as follows:
``(11) Establishing community outreach programs and
collaborative partnerships between part B institutions and
local elementary or secondary schools. Such partnerships may
include mentoring, tutoring, or other instructional
opportunities that will boost student academic achievement
and assist elementary and secondary school students in
developing the academic skills and the interest to pursue
postsecondary education.''.
(b) Technical Assistance.--Section 323 (20 U.S.C. 1062) is
amended--
(1) by redesignating subsection (c) as subsection (d); and
(2) by inserting after subsection (b) the following new
subsection:
``(c) Technical Assistance.--
``(1) In general.--An institution may not use more than 2
percent of the grant funds provided under this part to secure
technical assistance services.
``(2) Technical assistance services.--Technical assistance
services may include
[[Page H1235]]
assistance with enrollment management, financial management,
and strategic planning.
``(3) Report.--The institution shall report to the
Secretary on an annual basis, in such form as the Secretary
requires, on the use of funds under this subsection.''.
(c) Distance Learning.--Section 323(a)(2) (20 U.S.C.
1062(a)(2)) (as amended by subsection (a)(1)(A)) is further
amended by inserting ``development or improvement of
facilities for Internet use or other distance learning
academic instruction capabilities and'' after ``including''.
(d) Minimum Grants.--Section 324(d)(1) (20 U.S.C.
1063(d)(1)) is amended by inserting before the period at the
end the following: ``, except that, if the amount
appropriated to carry out this part for any fiscal year
exceeds the amount required to provide to each institution an
amount equal to the total amount received by such institution
under subsections (a), (b), and (c) for the preceding fiscal
year, then the amount of such excess appropriation shall
first be applied to increase the minimum allotment under this
subsection to $750,000''.
(e) Eligible Graduate or Professional Schools.--
(1) General authority.--Section 326(a)(1) (20 U.S.C.
1063b(a)(1)) is amended--
(A) by inserting ``(A)'' after ``subsection (e) that'';
(B) by inserting before the period at the end the
following: ``, (B) is accredited by a nationally recognized
accrediting agency or association determined by the Secretary
to be a reliable authority as to the quality of training
offered, and (C) according to such an agency or association,
is in good standing''.
(2) Eligible institutions.--Section 326(e)(1) (20 U.S.C.
1063b(e)(1)) is amended--
(A) by striking ``and'' at the end of subparagraph (Q);
(B) by striking the period at the end of subparagraph (R)
and inserting a semicolon; and
(C) by adding at the end the following new subparagraphs:
``(S) Alabama State University qualified graduate program;
``(T) Prairie View A & M University qualified graduate
program;
``(U) Coppin State University qualified graduate program;
and
``(V) Delaware State University qualified graduate
program.''.
(3) Conforming amendment.--Section 326(e)(3) (20 U.S.C.
1063b(e)(3)) is amended--
(A) by striking ``1998'' and inserting ``2005''; and
(B) by striking ``(Q) and (R)'' and inserting ``(S), (T),
(U), and (V)''.
(f) Professional or Graduate Institutions.--Section 326(f)
(20 U.S.C. 1063b(f)) is amended--
(1) in paragraph (1)--
(A) by striking ``$26,600,000'' and inserting
``$54,500,000''; and
(B) by striking ``(P)'' and inserting ``(R)'';
(2) in paragraph (2)--
(A) by striking ``$26,600,000, but not in excess of
$28,600,000'' and inserting ``$54,500,000, but not in excess
of $58,500,000''; and
(B) by striking ``subparagraphs (Q) and (R)'' and inserting
``subparagraphs (S), (T), (U), and (V)''; and
(3) in paragraph (3)--
(A) by striking ``$28,600,000'' and inserting
``$58,500,000''; and
(B) by striking ``(R)'' and inserting ``(V)''.
(g) Hold Harmless.--Section 326(g) (20 U.S.C. 1063b(g)) is
amended by striking ``1998'' each place it appears and
inserting ``2005''.
SEC. 304. TECHNICAL AMENDMENTS.
(a) Amendments.--Title III is further amended--
(1) in section 311(c) (20 U.S.C. 1057(c))--
(A) by redesignating paragraphs (7) through (12) as
paragraphs (8) through (13), respectively; and
(B) by inserting after paragraph (6) the following:
``(7) Education or counseling services designed to improve
the financial literacy and economic literacy of students and,
as appropriate, their parents.'';
(2) in section 312(b)(1)(A) (20 U.S.C. 1058(b)(1)(A)), by
striking ``subsection (c)'' and inserting ``subsection (d)'';
(3) in section 312(b)(1)(F) (20 U.S.C. 1058(b)(1)(F)), by
inserting ``which is'' before ``located'';
(4) in section 312(b)(1) (20 U.S.C. 1058(b)(1)), by
redesignating subparagraphs (E) and (F) as subparagraphs (F)
and (G), respectively, and by inserting after subparagraph
(D) the following new subparagraph:
``(E) which provides a program that is not less than a 2-
year educational program that is acceptable for full credit
toward a bachelor's degree;'';
(5) in section 316(c)(2) (20 U.S.C. 1059c(c)(2))--
(A) by redesignating subparagraphs (G) through (M) (as
redesignated by section 301(b)(2) of this Act) as
subparagraphs (H) through (N), respectively;
(B) by inserting after subparagraph (F) the following:
``(G) education or counseling services designed to improve
the financial literacy and economic literacy of students and,
as appropriate, their parents;''; and
(C) in subparagraph (N), as redesignated by subparagraph
(A), by striking ``subparagraphs (A) through (K)'' and
inserting ``subparagraphs (A) through (M)'';
(6) in section 317(c)(2) (20 U.S.C. 1059d(c)(2)), by
inserting after subparagraph (I) (as added by section
302(a)(6) of this Act) the following:
``(J) education or counseling services designed to improve
the financial literacy and economic literacy of students and,
as appropriate, their parents.'';
(7) in section 323(a) (20 U.S.C. 1062(a))--
(A) by striking ``section 360(a)(2)'' and inserting
``section 399(a)(2)'';
(B) by redesignating paragraphs (7) through (12) as
paragraphs (8) through (13), respectively; and
(C) by inserting after paragraph (6) the following:
``(7) Education or counseling services designed to improve
the financial literacy and economic literacy of students and,
as appropriate, their parents.'';
(8) in section 324(d)(2) (20 U.S.C. 1063(d)(2)), by
striking ``section 360(a)(2)(A)'' and inserting ``section
399(a)(2)(A)'';
(9) in section 326(e)(1) (20 U.S.C. 1063b(e)(1)), in the
matter preceding subparagraph (A), by inserting a colon after
``the following'';
(10) in section 327(b) (20 U.S.C. 1063c(b)), by striking
``initial'';
(11) in section 342(5)(C) (20 U.S.C. 1066a(5)(C))--
(A) by inserting a comma after ``equipment'' the first
place it appears; and
(B) by striking ``technology,,'' and inserting
``technology,'';
(12) in section 343(e) (20 U.S.C. 1066b(e)), by inserting
after the subsection designation the following: ``Sale of
Qualified Bonds.--'';
(13) in section 351(a) (20 U.S.C. 1067a(a)), by striking
``of 1979'';
(14) in section 391(b)(7)(E) (20 U.S.C. 1068(b)(7)(E)), by
striking ``subparagraph (E)'' and inserting ``subparagraph
(D)''; and
(15) in section 396 (20 U.S.C. 1068e), by striking
``section 360'' and inserting ``section 399''.
(b) Repeal.--Section 1024 (20 U.S.C. 1135b-3), as
transferred by section 301(a)(5) of the Higher Education
Amendments of 1998 (Public Law 105-244; 112 Stat. 1636), is
repealed.
SEC. 305. TITLE III AUTHORIZATIONS.
Section 399(a) (20 U.S.C. 1068h(a)) is amended--
(1) by striking ``1999'' each place it appears and
inserting ``2006'';
(2) by striking ``4 succeeding fiscal years'' each place it
appears and inserting ``5 succeeding fiscal years'';
(3) in paragraph (1)--
(A) by striking ``$10,000,000'' in subparagraph (B) and
inserting ``$23,800,000''; and
(B) by striking ``$5,000,000'' in subparagraph (C) and
inserting ``$11,900,000'';
(4) in paragraph (2)--
(A) by striking ``$135,000,000'' in subparagraph (A) and
inserting ``$241,000,000''; and
(B) by striking ``$35,000,000'' in subparagraph (B) and
inserting ``$59,000,000''; and
(5) in paragraph (4), by striking ``$110,000'' and
inserting ``$212,000''.
TITLE IV--STUDENT ASSISTANCE
PART A--GRANTS TO STUDENTS
SEC. 401. PELL GRANTS.
(a) Extension of Authority.--Section 401(a) (20 U.S.C.
1070a(a)) is amended by striking ``2004'' and inserting
``2012''.
(b) Direct Payment.--Section 401(a) (20 U.S.C. 1070a(a)) is
further amended--
(1) by striking paragraph (2); and
(2) by redesignating paragraph (3) as paragraph (2).
(c) Maximum Pell Grant Increase.-- Paragraph (2)(A) of
section 401(b) 20 U.S.C. 1070a(b)(2)(A)) is amended to read
as follows:
``(2)(A) The amount of the Federal Pell Grant for a student
eligible under this part shall be $6,000 for academic years
2006-2007 through 2012-2013, less an amount equal to the
amount determined to be the expected family contribution with
respect to that student for that year.''.
(d) Tuition Sensitivity.--Section 401(b) is further
amended--
(1) by striking paragraph (3); and
(2) by redesignating paragraphs (4) through (8) as
paragraphs (3) through (7), respectively.
(e) Multiple Grants.--Paragraph (5) of section 401(b) (as
redesignated by subsection (d)(2)) is amended to read as
follows:
``(5) Year-round pell grants.--
``(A) In general.--The Secretary shall, for students
enrolled full time in a baccalaureate or associate's degree
program of study at an eligible institution, award such
students two Pell grants during a single award year to permit
such students to accelerate progress toward their degree
objectives by enrolling in academic programs for 12 months
rather than 9 months.
``(B) Limitation.--The Secretary shall limit the awarding
of additional Pell grants under this paragraph in a single
award year to students attending--
``(i) baccalaureate degree granting institutions that have
a graduation rate as reported by the Integrated Postsecondary
Education Data System for the 4 preceding academic years of
at least 30 percent; or
``(ii) two-year institutions that have a graduation rate as
reported by the Integrated Postsecondary Education Data
Systems, in at least one of the last 3 years for which data
is available, that is above the average for the applicable
year for the institution's type and control.
``(C) Evaluation.--The Secretary shall conduct an
evaluation of the program under this paragraph and submit to
the Congress an evaluation report no later than October 1,
2011.
``(D) Regulations required.--The Secretary shall promulgate
regulations implementing this paragraph.''.
(f) Ineligibility Based on Involuntary Civil Commitment for
Sexual Offenses.--
[[Page H1236]]
Paragraph (7) of section 401(b) (as redesignated by
subsection (d)(2)) is amended by inserting before the period
the following: ``or who is subject to an involuntary civil
commitment upon completion of a period of incarceration for a
sexual offense (as determined under regulations of the
Secretary)''.
(g) Pell Grant Eligibility Duration.--Section 401(c) (20
U.S.C. 1070a(c)) is amended--
(1) in paragraph (1)--
(A) by striking ``The period'' and inserting in lieu
thereof ``Subject to paragraph (5), the period''; and
(B) by striking the period at the end thereof and inserting
``but shall be subject to the limitation described in
paragraph (5).''; and
(2) by adding at the end the following new paragraph:
``(5) The period during which a student may receive Federal
Pell Grants shall not exceed the equivalent of 18 semesters
or 27 quarters in duration (as determined by the Secretary by
regulation), without regard to whether the student is
enrolled on a full-time basis during any portion of that
period, and including any period of time for which the
student received Federal Pell Grants prior to the date of
enactment of the College Access and Opportunity Act of
2006.''.
(h) Eligibility Period.--Section 401(c)(2) (20 U.S.C.
1070a(c)(2)) is amended by inserting ``, for not more than
one academic year,'' after ``which are determined by the
institution'' in the first sentence.
(i) Pell Grants Plus: Achievement Grants for State Scholars
Program.--
(1) Amendment.--Subpart 1 of part A of title IV is amended
by inserting after section 401 (20 U.S.C. 1070a) the
following new section:
``SEC. 401A. PELL GRANTS PLUS: ACHIEVEMENT GRANTS FOR STATE
SCHOLARS.
``(a) Grants Authorized.--From sums appropriated to carry
out section 401, the Secretary shall establish a program to
award Pell Grants Plus to students who--
``(1) have successfully completed a rigorous high school
program of study established by a State or local educational
agency in consultation with a State coalition assisted by the
Center for State Scholars;
``(2) are enrolled full-time in the first academic year of
undergraduate education, and have not been previously
enrolled in a program of undergraduate education; and
``(3) are eligible to receive Federal Pell Grants for the
year in which the grant is awarded.
``(b) Amount of Grants.--
``(1) In general.--Except as provided in paragraph (2), the
amount of the grant awarded under this section shall be
$1,000.
``(2) Assistance not to exceed cost of attendance.--A grant
awarded under this section to any student, in combination
with the Federal Pell Grant assistance and other student
financial assistance available to such student, may not
exceed the student's cost of attendance.
``(c) Selection of Recipients.--
``(1) Procedures established by regulation.--The Secretary
shall establish by regulation procedures for the
determination of eligibility of students for the grants
awarded under this section. Such procedures shall include
measures to ensure that eligibility is determined in a timely
and accurate manner consistent with the requirements of
section 482 and the submission of the financial aid form
required by section 483.
``(2) Required information.--Each eligible student desiring
an award under this section shall submit at such time and in
such manner such information as the Secretary may reasonably
require.
``(3) Continuation of grant requirements.--In order for a
student to continue to be eligible to receive an award under
this section for the second year of undergraduate education,
the eligible student must--
``(A) maintain eligibility to receive a Federal Pell Grant
for that year;
``(B) obtain a grade point average of at least 3.0 (or the
equivalent as determined under regulations prescribed by the
Secretary) for the first year of undergraduate education; and
``(C) be enrolled full-time and fulfill the requirements
for satisfactory progress described in section 484(c).
``(d) Evaluation, and Reports.--The Secretary shall monitor
the progress, retention, and completion rates of the students
to whom awards are provided under this section. In doing so,
the Secretary shall evaluate the impact of the Pell Grants
Plus Program and report, not less than biennially, to the
authorizing committees of the House of Representatives and
the Senate.''.
(2) Conforming amendment.--Chapter 3 of subpart 2 of part A
of title IV (20 U.S.C. 1070a-31 through 1070a-35) is
repealed.
SEC. 402. TRIO PROGRAMS.
(a) Duration of Grants.--
(1) Amendment.--Section 402A(b)(2) (20 U.S.C. 1070a-
11(b)(2)) is amended to read as follows:
``(2) Duration.--Grants or contracts awarded under this
chapter shall be awarded for a period of 5 years, except
that--
``(A) grants under section 402G shall be awarded for a
period of 2 years; and
``(B) grants under section 402H shall be awarded for a
period determined by the Secretary.''.
(2) Transition to synchronous grant periods.--
Notwithstanding section 402A(b)(2) of the Higher Education
Act of 1965 (as in effect both prior to and after the
amendment made by paragraph (1) of this subsection), the
Secretary of Education may continue an award made before the
date of enactment of this Act under section 402B, 402C, 402D,
402E, or 402F of such Act as necessary to permit all the
awards made under such a section to expire at the end of the
same fiscal year, and thereafter to expire at the end of 5
years as provided in the amendment made by paragraph (1) of
this subsection.
(b) Minimum Grants.--Section 402A(b)(3) (20 U.S.C. 1070a-
11(b)(3)) is amended to read as follows:
``(3) Minimum grants.--Unless the institution or agency
requests a smaller amount, individual grants for programs
authorized under this chapter shall be no less than $200,000,
except that individual grants for programs authorized under
section 402G shall be no less than $170,000.''.
(c) Prior Experience; Novice Applicants.--Section
402A(c)(2) (20 U.S.C. 1070a-11(c)(2)) is amended--
(1) by striking ``In making grants'' and inserting ``(A)
Subject to subparagraph (B), in making grants''; and
(2) by adding at the end the following new subparagraph:
``(B) From the amount available under subsection (h) for a
program under this chapter (other than a program under
section 402G or 402H) for any fiscal year in which the
Secretary conducts a competition for the award of grants or
contracts under such program, the Secretary shall reserve 10
percent of such available amount for purposes of funding
applications from novice applicants. If the Secretary
determines that there are an insufficient number of qualified
novice applicants to utilize the amount so reserved, the
Secretary shall restore the unutilized remainder of the
amount reserved for use by applicants qualifying under
subparagraph (A).''.
(d) Application Status.--Section 402A(c) (20 U.S.C. 1070a-
11(c)) is amended by striking paragraph (7).
(e) Documentation of Status.--Section 402A(e) (20 U.S.C.
1070a-11(e)) is amended by striking ``(g)(2)'' each place it
appears in paragraphs (1) and (2) and inserting ``(i)(4)''.
(f) Homeless and Unaccompanied Youth.--Section 402A(e) is
further amended by adding at the end the following new
paragraph:
``(3) Notwithstanding this subsection and subsection
(i)(4), individuals who are homeless or unaccompanied youth
as defined in section 725 of the McKinney-Vento Homeless
Assistance Act shall be eligible to participate in programs
under sections 402B, 402C, 402D, and 402F of this chapter.''.
(g) Authorization of Appropriations.--Section 402A(f) (20
U.S.C. 1070a-11(f)) is amended by striking ``$700,000,000 for
fiscal year 1999, and such sums as may be necessary for each
of the 4 succeeding fiscal years'' and inserting
``$836,500,000 for fiscal year 2006 and such sums as may be
necessary for each of the 5 succeeding fiscal years''.
(h) Definition.--Section 402A(g) (20 U.S.C. 1070a-11(g)) is
amended--
(1) in paragraph (3), by striking ``by reason of such
individual's age'';
(2) by redesignating paragraphs (1) through (4) as
paragraphs (3) through (6), respectively; and
(3) by inserting before paragraph (3), as redesignated, the
following:
``(1) Different campus.--The term `different campus' means
an institutional site that--
``(A) is geographically apart from the main campus of the
institution;
``(B) is permanent in nature; and
``(C) offers courses in educational programs leading to a
degree, certificate, or other recognized educational
credential.
``(2) Different population.--The term `different
population' means a group of individuals, with respect to
whom an entity seeks to serve through an application for
funding under this chapter, that--
``(A) is separate and distinct from any other population
that the entity seeks to serve through an application for
funding under this chapter; or
``(B) while sharing some of the same needs as another
population that the entity seeks to serve through an
application for funding under this chapter, has distinct
needs for specialized services.''.
(i) Education and Counseling Services.--Chapter 1 of
subpart 2 of part A of title IV is further amended--
(1) in section 402B(b) (20 U.S.C. 1070a-12(b))--
(A) by redesignating paragraphs (3) through (10) as
paragraphs (4) through (11), respectively;
(B) by inserting after paragraph (2) the following:
``(3) education or counseling services designed to improve
the financial literacy and economic literacy of students and,
as appropriate, their parents;''; and
(C) in paragraph (11), as redesignated by subparagraph (A),
by striking ``paragraphs (1) through (9)'' and inserting
``paragraphs (1) through (10)'';
(2) in section 402C (20 U.S.C. 1070a-13)--
(A) in subsection (b)--
(i) by redesignating paragraphs (2) through (12) as
paragraphs (3) through (13), respectively;
(ii) by inserting after paragraph (1) the following:
``(2) education or counseling services designed to improve
the financial literacy and economic literacy of students and,
as appropriate, their parents;'';
(iii) in paragraph (12), as redesignated by clause (i), by
inserting ``, specifically in the fields of math and
science'' after ``postsecondary education''; and
(iv) in paragraph (13), as redesignated by clause (i), by
striking ``paragraphs (1)
[[Page H1237]]
through (11)'' and inserting ``paragraphs (1) through (12)'';
and
(B) in subsection (e), by striking ``subsection (b)(10)''
and inserting ``subsection (b)(11)'';
(3) in section 402D(b) (20 U.S.C. 1070a-14(b))--
(A) by redesignating paragraphs (2) through (10) as
paragraphs (3) through (11), respectively;
(B) by inserting after paragraph (1) the following:
``(2) education or counseling services designed to improve
the financial literacy and economic literacy of students and,
as appropriate, their parents;''; and
(C) in paragraph (11), as redesignated by subparagraph (A),
by striking ``paragraphs (1) through (9)'' and inserting
``paragraphs (1) through (10)'';
(4) in section 402E(b) (20 U.S.C. 1070a-15(b))--
(A) by redesignating paragraphs (7) and (8) as paragraphs
(8) and (9), respectively; and
(B) by inserting after paragraph (6) the following:
``(7) education or counseling services designed to improve
the financial literacy and economic literacy of students and,
as appropriate, their parents;''; and
(5) in section 402F(b) (20 U.S.C. 1070a-16(b))--
(A) by redesignating paragraphs (4) through (10) as
paragraphs (5) through (11), respectively;
(B) by inserting after paragraph (3) the following:
``(4) education or counseling services designed to improve
the financial literacy and economic literacy of students and,
as appropriate, their parents;''; and
(C) in paragraph (11), as redesignated by subparagraph (A),
by striking ``paragraphs (1) through (9)'' and inserting
``paragraphs (1) through (10)''.
(j) Maximum Stipends.--Section 402C(e) (20 U.S.C. 1070a-
13(e)) is amended--
(1) by striking ``$60'' and inserting ``$100''; and
(2) by striking ``$40'' and inserting ``$60''.
(k) Student Support Services.--Section 402D(d)(6) (20
U.S.C. 1070a-14(d)(6)) is amended--
(1) by striking ``and'' at the end of subparagraph (A);
(2) by striking the period at the end of subparagraph (B)
and inserting ``; and''; and
(3) by inserting after subparagraph (B) the following new
subparagraph:
``(C) working with other entities that serve low-income
working adults to increase access to and successful progress
in postsecondary education by low-income working adults
seeking their first postsecondary degree or certificate.''.
(l) Postbaccalaureate Achievement Maximum Stipends.--
Section 402E(e)(1) (20 U.S.C. 1070a-15(e)(1)) is amended by
striking ``$2,800'' and inserting ``$5,000''.
(m) Educational Opportunity Centers: Application
Approval.--Section 402F(c) (20 U.S.C. 1070a-16(c)) is
amended--
(1) by striking ``and'' at the end of paragraph (2);
(2) by striking the period at the end of paragraph (3) and
inserting ``; and''; and
(3) by inserting after paragraph (3) the following new
paragraph:
``(4) consider the extent to which the proposed project
would provide services to low-income working adults in the
region to be served, in order to increase access to
postsecondary education by low-income working adults.''.
SEC. 403. TRIO REFORM.
(a) Performance Measures.--Section 402A (20 U.S.C. 1070a-
11) is amended--
(1) by redesignating subsections (c), (d), (e), (f), and
(g) as subsections (d), (e), (g), (h), and (i), respectively;
and
(2) by inserting after subsection (b) the following new
subsection:
``(c) Performance Measures.--
``(1) In general.--The Secretary shall establish expected
program outcomes and procedures for measuring, annually and
for longer periods, the quality and effectiveness of programs
operated under this chapter, and the impact of the services
provided through the programs to support the attainment of
higher education for students from disadvantaged backgrounds,
low-income individuals, and prospective first-generation
college students.
``(2) Use of measures.--The performance measures described
in paragraph (1) shall be used to--
``(A) assess the impact of the specific services provided
by recipients of grants or contracts under this chapter and,
to the extent the Secretary finds appropriate, administrative
and financial management practices of such programs;
``(B) identify strengths and weaknesses in the provision of
services provided by grantees under this chapter;
``(C) identify project operations that may require training
and technical assistance resources.
``(3) Additional measures.--In addition to the performance
measures in paragraph (1), each grant recipient may establish
local performance measures.''.
(b) Selection.--Subsection (d) of such section (as
redesignated by subsection (a)(1) of this section) is
amended--
(1) by redesignating paragraphs (2) through (6) as
paragraphs (3) through (7), respectively; and
(2) by inserting after paragraph (1) the following new
paragraph:
``(2) Selection.--
``(A) In general.--In awarding grants from among qualified
applicants, the Secretary shall consider the effectiveness of
each applicant in providing services under this chapter,
based on--
``(i) the plan of such applicant to deliver program
services and achieve expected program outcomes established by
the Secretary;
``(ii) the plan of such applicant to coordinate program
services with other programs for disadvantaged students; and
``(iii) any prior experience of such applicant in achieving
expected program outcomes under this chapter.
``(B) Additional criteria.--The Secretary may establish
additional selection criteria as necessary to identify the
most qualified applicants.''.
(c) Prior Experience.--Paragraph (3) of such subsection (d)
(as amended by section 402(c) and redesignated by subsection
(b)(1) of this section) is amended--
(1) by striking subparagraph (A) and inserting ``(A) In
making grants under this chapter, the Secretary shall use the
measures described in subsection (c)(1) to evaluate each
applicant's prior experience in achieving expected program
outcomes under the particular program for which funds are
sought.''; and
(2) by adding at the end the following new subparagraph:
``(C) The Secretary shall not give prior experience points
to any current grantee that during the then most recent
period for which funds were provided--
``(i) failed to meet one or more expected program outcomes
based on the performance measures described in subsection
(c); or
``(ii) expended funds for indirect costs in an amount that
exceeded 8 percent of the total grant award.''.
(d) Order of Awards.--Paragraph (4) of such subsection (d)
(as redesignated by subsection (b)(1) of this section) is
amended--
(1) in subparagraph (A)--
(A) by striking ``under paragraph (4)'' and inserting
``under paragraph (5)''; and
(B) by stiking ``with paragraph (2)'' and inserting ``with
paragraph (3)''; and
(2) by amending subparagraph (B) to read as follows:
``(B) The Secretary shall not provide assistance to an
entity if the Secretary has determined that such entity has
involved the fraudulent use of public or private funds.''.
(e) Technical Assistance.--Paragraph (3) of subsection (e)
of such section (as redesignated by subsection (a)(1) of this
section) is amended to read as follows:
``(3) Technical assistance.--The Secretary shall provide
technical assistance to applicants for projects and programs
authorized under this chapter. The Secretary shall give
priority to serving programs and projects that serve
geographic areas and eligible populations which have been
underserved by the programs assisted under this chapter.
Technical training activities shall include the provision of
information on authorizing legislation, goals and objectives
of the program, required activities, eligibility
requirements, the application process and application
deadlines, and assistance in the development of program
proposals and the completion of program applications.''.
(f) Recordkeeping and Reporting.--Section 402A is further
amended by inserting after subsection (e) of such section (as
redesignated by subsection (a)(1) of this section) the
following new subsection:
``(f) Recordkeeping and Reporting.--
``(1) In general.--The Secretary shall establish uniform
reporting requirements and require each recipient of funds
under this chapter to submit annually and in electronic form
such information in such manner and form and at such time as
the Secretary may require, except that reporting such
information shall not reveal personally identifiable
information about an individual student.
``(2) Report to congress.--At least once every 2-year
period, the Secretary shall prepare and submit to the
authorizing committees, a report on the services provided to
students that shall include--
``(A) a statement for the then most recently concluded
fiscal year specifying--
``(i) the amount of funds received by grantees to provide
services under this chapter; and
``(ii) the amount of funds received by new grantees to
provide services under this chapter;
``(B) a description of the specific services provided to
students;
``(C) a summary of the overall success in achieving
specific program outcomes or progress toward such outcomes;
``(D) a report of the number of students served by types of
service received;
``(E) information summarizing the types of organizations
that received funds under this chapter; and
``(F) a summary of the research and evaluation activities
under section 402H, including--
``(i) a status report on ongoing activities; and
``(ii) results, conclusions, and recommendations of such
activities available after the then most recent report.''.
(g) Increased Monitoring.--Subsection (h) of such section
(as redesignated by subsection (a)(1) of this section) is
amended by striking everything after the first sentence and
inserting the following: ``Of the amount appropriated under
this chapter, the Secretary may use no more than one half of
1
[[Page H1238]]
percent of such amount to support the administration of the
Federal TRIO programs including to increase the level of
oversight monitoring, to support impact studies, program
assessments and reviews, and to provide technical assistance
to prospective applicants and current grantees.''.
(h) Expected Program Outcome.--
(1) Section 402B (20 U.S.C. 1070a-12) is amended by adding
at the end the following new subsection:
``(d) Expected Program Outcome.--For the purposes of
assessing an applicant's past performance under section
402A(c)(1), and prior experience under section 402A(d)(3),
the Secretary shall consider the college-going rate of the
participants served by the program compared to that of other
applicants eligible to receive consideration of prior
experience.''.
(2) Section 402C (20 U.S.C. 1070a-12) is amended by adding
at the end the following new subsection:
``(f) Expected Program Outcome.--For the purposes of
assessing an applicant's past performance under section
402A(c)(1), and prior experience under section 402A(d)(3),
the Secretary shall consider the college-going rate of the
participants served by the program compared to that of other
applicants eligible to receive consideration of prior
experience.''.
(3) Section 402D (20 U.S.C. 1070a-12) is amended by adding
at the end the following new subsection:
``(e) Expected Program Outcome.--For the purposes of
assessing an applicant's past performance under section
402A(c)(1), and prior experience under section 402A(d)(3),
the Secretary shall consider the college-going rate of the
participants served by the program compared to that of other
applicants eligible to receive consideration of prior
experience.''.
(4) Section 402E (20 U.S.C. 1070a-12) is amended by
striking subsection (f) and inserting the following:
``(f) Expected Program Outcome.--For the purposes of
assessing an applicant's past performance under section
402A(c)(1), and prior experience under section 402A(d)(3),
the Secretary shall consider the college-going rate of the
participants served by the program compared to that of other
applicants eligible to receive consideration of prior
experience.''.
(5) Section 402F (20 U.S.C. 1070a-12) is amended by adding
at the end the following new subsection:
``(d) Expected Program Outcome.--For the purposes of
assessing an applicant's past performance under section
402A(c)(1), and prior experience under section 402A(d)(3),
the Secretary shall consider the college-going rate of the
participants served by the program compared to that of other
applicants eligible to receive consideration of prior
experience.''.
(i) Staff Development.--Section 402G (20 U.S.C. 1070a-17)
is amended to read as follows:
``SEC. 402G. STAFF DEVELOPMENT ACTIVITIES.
``(a) Secretary's Authority.--For the purpose of improving
the operation of the programs and projects authorized by this
chapter, the Secretary is authorized to make grants to
institutions of higher education and other public and private
nonprofit institutions and organizations to provide training
and technical assistance for staff and leadership personnel
employed in, participating in, or preparing for employment
in, such programs and projects.
``(b) Contents of Training Programs.--Such training shall
be provided to assist programs and projects in--
``(1) achieving the expected program outcomes stated under
this chapter or additional outcomes identified by individual
programs or projects;
``(2) addressing any identified program weaknesses in the
overall development, conduct, or administration of a grant or
contract;
``(3) improving the quality of services provided to
eligible students; or
``(4) additional areas in need of program improvement as
identified by the Secretary or as requested by grantees in
order to enhance program operations and outcomes.
``(c) Consultation.--Grants for the purposes of this
section shall be made only after consultation with regional
and State professional associations of persons having special
knowledge with respect to the needs and problems of such
programs and projects.''.
(j) Evaluations.--Section 402H (20 U.S.C. 1070a-18) is
amended to read as follows:
``SEC. 402H. EVALUATIONS.
``(a) Evaluations.--
``(1) In general.--For the purpose of improving the
effectiveness of the programs and projects assisted under
this chapter, the Secretary shall make grants to or enter
into contracts with one or more organizations to--
``(A) evaluate the effectiveness of the programs and
projects assisted under this chapter; and
``(B) disseminate information on the impact of the programs
in increasing the education level of participating students,
as well as other appropriate measures.
``(2) Issues to be evaluated.--The evaluations described in
paragraph (1) shall measure the effectiveness of programs
under this chapter in--
``(A) meeting the expected program outcomes stated under
this chapter and all performance measures identified by the
Secretary;
``(B) enhancing the access of low-income individuals and
first-generation college students to postsecondary education;
``(C) preparing individuals and students for postsecondary
education;
``(D) comparing the level of education completed by
students who participate in the programs funded under this
chapter with the level of education completed by students of
similar backgrounds who do not participate in such programs;
``(E) comparing the retention rates, dropout rates,
graduation rates, and college admission and completion rates
of students who participate in the programs funded under this
chapter with the rates of students of similar backgrounds who
do not participate in such programs; and
``(F) such other issues as the Secretary considers
appropriate for inclusion in the evaluation.
``(3) Program methods.--Such evaluations shall also
investigate the effectiveness of alternative and innovative
methods within Federal TRIO programs of increasing access to,
and retention of, students in postsecondary education.
``(b) Results.--The Secretary shall submit to the
authorizing committees--
``(1) an annual interim report on the progress and
preliminary results of the evaluation of each program funded
under this chapter no later than 2 years following the date
of enactment of the College Access and Opportunity Act of
2006; and
``(2) a final report not later than 3 years following the
date of enactment of such Act.
``(c) Public Availability.--All reports and underlying data
gathered pursuant to this section shall be made available to
the public upon request, in a timely manner following
submission of the applicable reports under subsection (b),
except that any personally identifiable information on
students participating in any TRIO program shall not be
disclosed or made available to the public.''.
SEC. 404. GEARUP.
(a) Duration of Awards.--Section 404A(b) (20 U.S.C. 1070a-
21(b)) is amended--
(1) in paragraph (2)(B), by striking ``Higher Education
Amendments of 1998'' and inserting ``College Access and
Opportunity Act of 2006''; and
(2) by adding at the end thereof the following new
paragraph:
``(3) Duration.--An award made by the Secretary under this
chapter to an eligible entity described in paragraph (1) or
(2) of subsection (c) shall be for the period of 6 years.''.
(b) Continuing Eligibility.--Section 404A (20 U.S.C. 1070a-
21) is amended by adding at the end the following new
subsection:
``(d) Continuing Eligibility.--An eligible entity shall not
cease to be an eligible entity upon the expiration of any
grant under this chapter (including a continuation award).''.
(c) Continuity of Service.--
(1) Cohort approach.--Section 404B(g)(1)(B) (20 U.S.C.
1070a-22(g)(1)(B)) is amended by inserting ``and provide the
option of continued services through the student's first year
of attendance at an eligible institution of higher
education'' after ``grade level''.
(2) Early intervention.--Section 404D (20 U.S.C. 1070a-24)
is amended--
(A) in subsection (b)(2)(A), by inserting ``and students in
the first year of attendance at an eligible institution of
higher education'' after ``grade 12''; and
(B) in subsection (c), by inserting ``, and may consider
students in their first year of attendance at an eligible
institution,'' after ``grade 12''.
(d) Coordination.--Section 404C(a)(2) (20 U.S.C. 1070a-
23(a)(2)) is amended--
(1) by striking ``and'' at the end of subparagraph (A);
(2) by redesignating subparagraph (B) as subparagraph (C);
and
(3) by inserting after subparagraph (A) the following new
subparagraph:
``(B) describe activities for coordinating, complementing,
and enhancing services under this chapter provided by other
eligible entities in the State; and''.
(e) Education and Counseling Services.--Section
404D(b)(2)(A)(ii) (20 U.S.C. 1070a-24(b)(2)(A)(ii)) is
amended by striking ``and academic counseling'' and inserting
``academic counseling, and financial literacy and economic
literacy education or counseling''.
(f) Homeless and Unaccompanied Youth.--Section 404D is
further amended by adding at the end the following new
subsection:
``(e) Homeless and Unaccompanied Youth.--Notwithstanding
any other provision of this chapter, individuals who are
homeless or unaccompanied youth as defined in section 725 of
the McKinney-Vento Homeless Assistance Act shall be eligible
to participate in programs under this section.''.
(g) Reauthorization.--Section 404H (20 U.S.C. 1070a-28) is
amended by striking ``$200,000,000 for fiscal year 1999 and
such sums as may be necessary for each of the 4 succeeding
fiscal years'' and inserting ``$306,500,000 for fiscal year
2006 and such sums as may be necessary for each of the 5
succeeding fiscal years''.
SEC. 405. FEDERAL SUPPLEMENTAL EDUCATIONAL OPPORTUNITY
GRANTS.
(a) Authorization of Appropriations.--Section 413A(b)(1)
(20 U.S.C. 1070b(b)(1)) is amended by striking ``$675,000,000
for fiscal year 1999 and such sums as may be necessary for
the 4 succeeding fiscal years'' and inserting ``$779,000,000
for fiscal year 2006 and such sums as may be necessary for
the 5 succeeding fiscal years''.
[[Page H1239]]
(b) Priority of Awards.--Paragraph (2) of section 413C(c)
(20 U.S.C. 1070b-2(c)(2)) is amended to read as follows:
``(2) In carrying out paragraph (1) of this subsection,
each institution of higher education shall, in the agreement
made under section 487, assure that the selection
procedures--
``(A) will give a priority for supplemental grants under
this subpart to students who receive Pell Grants and meet the
requirements of section 484; and
``(B) will award no more than 10 percent of each
institution's allocation received under section 413D to
students who did not receive Federal Pell Grants in a prior
year.''.
(c) Phaseout of Allocation Based on Previous Allocations.--
(1) Amendment.--Subsection (a) of section 413D (20 U.S.C.
1070b-3(a)) is amended to read as follows:
``(a) Allocation Based on Previous Allocation.--
``(1) Base guarantee.--From the amount appropriated
pursuant to section 413A(b) for each fiscal year after fiscal
year 2007, the Secretary shall, subject to paragraph (2),
first allocate to each eligible institution an amount equal
to the following percentage of the amount such institution
received under subsection (a) of this section for fiscal year
2007 (as such subsection was in effect with respect to
allocations for such fiscal year):
``(A) 80 percent for fiscal years 2008 and 2009;
``(B) 60 percent for fiscal years 2010 and 2011;
``(C) 40 percent for fiscal years 2012 and 2013;
``(D) 20 percent for fiscal years 2014 and 2015; and
``(E) 0 percent for fiscal year 2016 and any succeeding
fiscal year.
``(2) Ratable reductions for insufficient appropriations.--
``(A) Reduction of base guarantee.--If the amount
appropriated for any fiscal year is less than the amount
required to be allocated to all institutions under this
subsection, then the amount of the allocation to each such
institution shall be ratably reduced.
``(B) Additional appropriations allocation.--If additional
amounts are appropriated for any such fiscal year, such
reduced amounts shall be increased on the same basis as they
were reduced (until the amount allocated equals the amount
required to be allocated under this subsection).
``(3) Additional allocations for certain institutions.--
``(A) Allocations permitted.--Notwithstanding any other
provision of this section, the Secretary may allocate an
amount equal to not more than 10 percent of the amount by
which the amount appropriated in any fiscal year to carry out
this subpart exceeds $700,000,000 among eligible institutions
described in subparagraph (B).
``(B) Eligible institutions.--An otherwise eligible
institution may receive a portion of the allocation described
in subparagraph (A) if--
``(i) not less than 10 percent of the students attending
the institution receive Federal Pell Grants; and
``(ii)(I) in the case of an institution that offers
programs of at least 4 years in duration, if its graduation
rate for Federal Pell Grant recipients attending the
institution and graduating within the period of time equal to
normal duration of the longest undergraduate program offered
by the institution, as measured from the first day of their
enrollment, exceeds the median rate for the class of
institution (as defined in section 131(f)(5)(C)); or
``(II) in the case of an institution that offers programs
of at least 2, but less than 4, years in duration, if its
rate for Federal Pell Grant recipients attending the
institution and graduating or transferring to an institution
that offers programs of at least 4 years in duration within
the period of time equal to the normal duration of the
program offered, as measured from the first day of their
enrollment, exceeds the median rate for the class of
institution (as defined in section 131(f)(5)(C)).''.
(2) Effective date.--The amendment made by paragraph (1)
shall apply with respect to any amounts appropriated under
section 413A(b) of the Higher Education Act of 1965 (20
U.S.C. 1070b(b)) for fiscal year 2008 or any succeeding
fiscal year.
(d) Books and Supplies.--Section 413D(c)(3)(D) (20 U.S.C.
1070-3(c)(3)(D)) is amended by striking ``$450'' and
inserting ``$600''.
SEC. 406. LEAP.
Section 415A(b)(1) (20 U.S.C. 1070c(b)(1)) is amended--
(1) by striking ``1999'' and inserting ``2006''; and
(2) by striking ``4 succeeding'' and inserting ``5
succeeding''.
SEC. 407. HEP/CAMP PROGRAM.
Section 418A (20 U.S.C. 1070d-2) is amended--
(1) in subsection (b)(1)(B)(i), by inserting ``, or whose
spouse'' after ``themselves'';
(2) in subsection (b)(3)(B), by inserting ``, including
preparation for college entrance exams'' after ``program'';
(3) in subsection (b)(8), by inserting ``, including child
care and transportation'' after ``supportive services'';
(4) by striking ``and'' at the end of subsection (b)(7), by
striking the period at the end of subsection (b)(8) and
inserting ``; and'', and by adding at the end of subsection
(b) the following new paragraph:
``(9) follow-up activity and reporting requirements, except
that not more than 2 percent of the funds provided under this
section may be used for such purposes.'';
(5) in subsection (c)(1)(A), by inserting ``, or whose
spouse'' after ``themselves'';
(6) in subsection (c)(1)(B), by striking clause (i) and
inserting the following:
``(i) personal, academic, career, and economic education or
personal finance counseling as an ongoing part of the
program;'';
(7) in subsection (c)(2)(B), by inserting ``(including
mentoring and guidance of such students)'' after
``services'';
(8) in subsection (c)(2), by striking ``and'' at the end of
subparagraph (A), by striking the period at the end of
subparagraph (B) and inserting ``; and'', and by adding at
the end of subsection (c)(2) the following new subparagraph:
``(C) for students in any program that does not award a
bachelor's degree, encouraging the transfer to, and
persistence in, such a program, and monitoring the rate of
such transfer, persistence, and completion.'';
(9) in subsection (e), by striking ``section 402A(c)(1)''
and inserting ``section 402A(c)(2)''; and
(10) in subsection (h)--
(A) in paragraph (1), by striking ``$15,000,000 for fiscal
year 1999 and such sums as may be necessary for each of the 4
succeeding fiscal years'' and inserting ``$24,000,000 for
fiscal year 2006 and such sums as may be necessary for each
of the 5 succeeding fiscal years''; and
(B) in paragraph (2), by striking ``$5,000,000 for fiscal
year 1999 and such sums as may be necessary for each of the 4
succeeding fiscal years'' and inserting ``$16,000,000 for
fiscal year 2006 and such sums as may be necessary for each
of the 5 succeeding fiscal years''.
SEC. 408. ROBERT C. BYRD HONORS SCHOLARSHIP PROGRAM.
Subpart 6 of part A of title IV is amended to read as
follows:
``Subpart 6--Robert C. Byrd Honors Scholarship Program
``SEC. 419A. ROBERT C. BYRD MATHEMATICS AND SCIENCE HONORS
SCHOLARSHIP PROGRAM.
``(a) Purpose.--The purpose of this section is to award
scholarships to students who are enrolled in studies leading
to baccalaureate and advanced degrees in physical, life, or
computer sciences, mathematics, and engineering.
``(b) Definitions.--As used in this section--
``(1) the term `computer science' means the branch of
knowledge or study of computers, including such fields of
knowledge or study as computer hardware, computer software,
computer engineering, information systems, and robotics;
``(2) the term `eligible student' means a student who--
``(A) is a citizen of the United States;
``(B) is selected by the managing agent to receive a
scholarship;
``(C) is enrolled full-time in an institution of higher
education, other than a United States service academy; and
``(D) has shown a commitment to and is pursuing a major in
studies leading to a baccalaureate, masters, or doctoral
degree (or a combination thereof) in physical, life, or
computer sciences, mathematics, or engineering;
``(3) the term `engineering' means the science by which the
properties of matter and the sources of energy in nature are
made useful to humanity in structures, machines, and
products, as in the construction of engines, bridges,
buildings, mines, and chemical plants, including such fields
of knowledge or study as aeronautical engineering, chemical
engineering, civil engineering, electrical engineering,
industrial engineering, materials engineering, manufacturing
engineering, and mechanical engineering;
``(4) the term `life sciences' means the branch of
knowledge or study of living things, including such fields of
knowledge or study as biology, biochemistry, biophysics,
microbiology, genetics, physiology, botany, zoology, ecology,
and behavioral biology, except that the term does not
encompass social psychology or the health professions;
``(5) the term `managing agent' means an entity to which an
award is made under subsection (c) to manage a program of
Mathematics and Science Honors Scholarships;
``(6) the term `mathematics' means the branch of knowledge
or study of numbers and the systematic treatment of
magnitude, relationships between figures and forms, and
relations between quantities expressed symbolically,
including such fields of knowledge or study as statistics,
applied mathematics, and operations research; and
``(7) the term `physical sciences' means the branch of
knowledge or study of the material universe, including such
fields of knowledge or study as astronomy, atmospheric
sciences, chemistry, earth sciences, ocean sciences, physics,
and planetary sciences.
``(c) Award.--
``(1)(A) From funds authorized under section 419D to carry
out this section, the Secretary is authorized, through a
grant or cooperative agreement, to make an award to a
private, non-profit organization, other than an institution
of higher education or system of institutions of higher
education, to manage, through a public and private
partnership, a program of Mathematics and Science Honors
Scholarships under this section.
``(B) The award under subparagraph (A) shall be for a five-
year period.
[[Page H1240]]
``(2)(A) One hundred percent of the funds awarded under
paragraph (1)(A) for any fiscal year shall be obligated and
expended solely on scholarships to eligible students.
``(B) No Federal funds shall be used to provide more than
50 percent of the cost of any scholarship to an eligible
student.
``(C) The maximum scholarship award shall be the difference
between an eligible student's cost of attendance minus any
non-loan based aid such student receives.
``(3)(A) The secretary may establish--
``(i) eligibility criteria for applicants for managing
agent, including criteria regarding financial and
administrative capability; and
``(ii) operational standards for the managing agent,
including management and performance requirements, such as
audit, recordkeeping, record retention, and reporting
procedures and requirements.
``(B) The Secretary, as necessary, may review and revise
any criteria, standards, and rules established under this
paragraph and, through the agreement with the managing agent,
see that any revisions are implemented.
``(4) If the managing agent fails to meet the requirements
of this section the Secretary may terminate the award to the
managing agent.
``(5) The Secretary shall conduct outreach efforts to help
raise awareness of the Mathematics and Science Honors
Scholarships.
``(d) Duties of the Managing Agent.--The managing agent
shall--
``(1) develop criteria to award Mathematics and Science
Honors Scholarships based on established measurements
available to secondary students who wish to pursue degrees in
physical, life, or computer sciences, mathematics, and
engineering;
``(2) establish a Mathematics and Science Honors
Scholarship Fund in a separate, named account that clearly
discloses the amount of Federal and non-Federal funds
deposited in the account and used for scholarships under this
section;
``(3) solicit funds for scholarships and for the
administration of the program from non-Federal sources;
``(4) solicit applicants for scholarships;
``(5) from the amounts in the Fund, award scholarships to
eligible students and transfer such funds to the institutions
of higher education that they attend; and
``(6) annually submit to the Secretary a financial audit
and a report on the progress of the program, and such other
documents as the Secretary may require to determine the
effective management of the program.
``(e) Applications.--
``(1) Any eligible entity that desires to be the managing
agent under this section shall submit an application to the
Secretary, in such form and containing such information, as
the Secretary may require.
``(2) Each application shall include a description of--
``(A) how the applicant meets or will meet requirements
established under subsections (c)(3)(A) and (d);
``(B) how the applicant will solicit funds for scholarships
and for the administration of the program from non-Federal
sources;
``(C) how the applicant will provide nationwide outreach to
inform students about the program and to encourage students
to pursue degrees in physical, life, or computer sciences,
mathematics, and engineering;
``(D) how the applicant will solicit applications for
scholarships, including how the applicant will balance
efforts in urban and rural areas;
``(E) the selection criteria based on established
measurements available to secondary students the applicant
will use to award scholarships and to renew those awards;
``(F) how the applicant will inform the institution of
higher education chosen by the recipient of the name and
scholarship amount of the recipient;
``(G) what procedures and assurances the applicant and the
institution of higher education that the recipient attends
will use to verify student eligibility, attendance, degree
progress, and academic performance and to deliver and account
for payments to such institution;
``(H) the management (including audit and accounting)
procedures the applicant will use for the program;
``(I) the human, financial, and other resources that the
applicant will need and use to manage the program;
``(J) how the applicant will evaluate the program and
report to the Secretary annually; and
``(K) a description of how the entity will coordinate with,
complement, and build on similar public and private
mathematics and science programs.
``(f) Scholarship Recipients.--
``(1) A student receiving a scholarship under this section
shall be known as a `Byrd Mathematics and Science Honors
Scholar'.
``(2) Any student desiring to receive a scholarship under
this section shall submit an application to the managing
agent in such form, and containing such information, as the
managing agent may require.
``(3) Any student that receives a scholarship under this
section shall enter into an agreement with the managing agent
to complete 5 consecutive years of service to begin no later
than 12 months following completion of the final degree in a
position related to physical, life, or computer sciences,
mathematics, or engineering as defined under this section.
``(4) If any student that receives a scholarship under this
section fails to earn at least a baccalaureate degree in
physical, life, or computer sciences, mathematics, or
engineering as defined under this section, the student shall
repay to the managing agent the amount of any financial
assistance paid to such student.
``(5) If any student that receives a scholarship under this
section fails to meet the requirements of paragraph (3), the
student shall repay to the managing agent the amount of any
financial assistance paid to such student.
``(6)(A) Scholarships shall be awarded for only one
academic year of study at a time.
``(B)(i) A scholarship shall be renewable on an annual
basis for the established length of the academic program if
the student awarded the scholarship remains eligible.
``(ii) The managing agent may condition renewal of a
scholarship on measures of academic progress and achievement,
with the approval of the Secretary.
``(C)(i) If a student fails to either remain eligible or
meet established measures of academic progress and
achievement, the managing agent shall instruct the student's
institution of higher education to suspend payment of the
student's scholarship.
``(ii) A suspension of payment shall remain in effect until
the student is able to demonstrate to the satisfaction of the
managing agent that he or she is again eligible and meets the
established measures of academic progress and achievement.
``(iii) A student's eligibility for a scholarship shall be
terminated if a suspension period exceeds 12 months.
``(D)(i)(I) A student awarded a scholarship may, in a
manner and under the terms established by, and with the
approval of, the managing agent, postpone or interrupt his or
her enrollment at an institution of higher education for up
to 12 months.
``(II) Such a postponement or interruption shall not be
considered a suspension for purposes of subparagraph (C).
``(ii) Neither a student nor the student's institution of
higher education shall receive the student's scholarship
payments during the period of postponement or interruption,
but such payments shall resume upon enrollment or
reenrollment.
``(iii) In exceptional circumstances, such as serious
injury or illness or the necessity to care for family
members, the student's postponement or interruption may, upon
notification and approval of the managing agent, be extended
beyond the 12 month period described in clause (i)(I).
``(g) Responsibilities of Institution of Higher
Education.--
``(1) The managing agent shall require any institution of
higher education that enrolls a student who receives a
scholarship under this section to annually provide an
assurance, prior to making any payment, that the student--
``(A) is eligible in accordance with subsection (b)(2); and
``(B) has provided the institution with a written
commitment to attend, or is attending, classes and is
satisfactorily meeting the institution's academic criteria
for enrollment in its program of study.
``(2)(A) The managing agent shall provide the institution
of higher education with payments from the Fund for selected
recipients in at least two installments.
``(B) An institution of higher education shall return
prorated amounts of any scholarship payment to the managing
agent, who shall deposit it in to the Fund, if a recipient
declines a scholarship, does not attend courses, transfers to
another institution of higher education, or becomes
ineligible for a scholarship.
``SEC. 419B. MATHEMATICS AND SCIENCE INCENTIVE PROGRAM.
``(a) Program.--
``(1) In general.--The Secretary is authorized to carry out
a program of assuming the obligation to pay, pursuant to the
provisions of this section, the interest on a loan made,
insured, or guaranteed under part B or D of this title.
``(2) Eligibility.--The Secretary may assume interest
payments under paragraph (1) only for a borrower who--
``(A) has submitted an application in compliance with
subsection (d);
``(B) obtained one or more loans described in paragraph (1)
as an undergraduate student;
``(C) is a new borrower (within the meaning of section
103(7) of this Act) on or after the date of enactment of the
College Access and Opportunity Act of 2006;
``(D) is a highly qualified teacher of science, technology,
engineering or mathematics at an elementary or secondary
school in a high need local educational agency, or is a
mathematics, science, or engineering professional; and
``(E) enters into an agreement with the Secretary to
complete 5 consecutive years of service in a position
described in subparagraph (D), starting on the date of the
agreement.
``(3) Prior interest limitations.--The Secretary shall not
make any payments for interest that--
``(A) accrues prior to the beginning of the repayment
period on a loan in the case of a loan made under section
428H or a Federal Direct Unsubsidized Stafford Loan; or
``(B) has accrued prior to the signing of an agreement
under paragraph (2)(E).
``(4) Initial selection.--In selecting participants for the
program under this section, the Secretary--
[[Page H1241]]
``(A) shall choose among eligible applicants on the basis
of--
``(i) the national security, homeland security, and
economic security needs of the United States, as determined
by the Secretary, in consultation with other Federal
agencies, including the Departments of Labor, Defense,
Homeland Security, Commerce, and Energy, the Central
Intelligence Agency, and the National Science Foundation; and
``(ii) the academic record or job performance of the
applicant; and
``(B) may choose among eligible applicants on the basis
of--
``(i) the likelihood of the applicant to complete the 5-
year service obligation;
``(ii) the likelihood of the applicant to remain in
science, mathematics, or engineering after the completion of
the service requirement; or
``(iii) other relevant criteria determined by the
Secretary.
``(5) Availability subject to appropriations.--Loan
interest payments under this section shall be subject to the
availability of appropriations. If the amount appropriated
for any fiscal year is not sufficient to provide interest
payments on behalf of all qualified applicants, the Secretary
shall give priority to those individuals on whose behalf
interest payments were made during the preceding fiscal year.
``(6) Regulations.--The Secretary is authorized to
prescribe such regulations as may be necessary to carry out
the provisions of this section.
``(b) Duration and Amount of Interest Payments.--The period
during which the Secretary shall pay interest on behalf of a
student borrower who is selected under subsection (a) is the
period that begins on the effective date of the agreement
under subsection (a)(2)(E), continues after successful
completion of the service obligation, and ends on the earlier
of--
``(1) the completion of the repayment period of the loan;
``(2) payment by the Secretary of a total of $5,000 on
behalf of the borrower;
``(3) if the borrower ceases to fulfill the service
obligation under such agreement prior to the end of the 5-
year period, as soon as the borrower is determined to have
ceased to fulfill such obligation in accordance with
regulations of the Secretary; or
``(4) 6 months after the end of any calendar year in which
the borrower's gross income equals or exceeds 4 times the
national per capita disposable personal income (current
dollars) for such calendar year, as determined on the basis
of the National Income and Product Accounts Tables of the
Bureau of Economic Analysis of the Department of Commerce, as
determined in accordance with regulations prescribed by the
Secretary.
``(c) Repayment to Eligible Lenders.--Subject to the
regulations prescribed by the Secretary by regulation under
subsection (a)(6), the Secretary shall pay to each eligible
lender or holder for each payment period the amount of the
interest that accrues on a loan of a student borrower who is
selected under subsection (a).
``(d) Application for Repayment.--
``(1) In general.--Each eligible individual desiring loan
interest payment under this section shall submit a complete
and accurate application to the Secretary at such time, in
such manner, and containing such information as the Secretary
may require.
``(2) Failure to complete service agreement.--Such
application shall contain an agreement by the individual
that, if the individual fails to complete the 5 consecutive
years of service required by subsection (a)(2)(E), the
individual agrees to repay the Secretary the amount of any
interest paid by the Secretary on behalf of the individual.
``(e) Treatment of Consolidation Loans.--A consolidation
loan made under section 428C of this Act, or a Federal Direct
Consolidation Loan made under part D of title IV of this Act,
may be a qualified loan for the purpose of this section only
to the extent that such loan amount was used by a borrower
who otherwise meets the requirements of this section to
repay--
``(1) a loan made under section 428 or 428H of this Act; or
``(2) a Federal Direct Stafford Loan, or a Federal Direct
Unsubsidized Stafford Loan, made under part D of title IV of
this Act.
``(f) Prevention of Double Benefits.--No borrower may, for
the same service, receive a benefit under both this section
and--
``(1) any loan forgiveness program under title IV of this
Act; or
``(2) subtitle D of title I of the National and Community
Service Act of 1990 (42 U.S.C. 12601 et seq.).
``(g) Definitions.--As used in this section--
``(1) the term `high need local educational agency' has the
same meaning given such term in section 201(b)(4); and
``(2) the term `mathematics, science, or engineering
professional' means a person who--
``(A) holds a baccalaureate, masters, or doctoral degree
(or a combination thereof) in science, mathematics, or
engineering; and
``(B) works in a field the Secretary determines is closely
related to that degree, which shall include working as a
professor at a two- or four-year institution of higher
education.
``SEC. 419C. MATHEMATICS AND SCIENCE EDUCATION COORDINATING
COUNCIL GRANTS.
``(a) Purposes.--The purposes of this section include--
``(1) supporting programs that encourage students to enroll
in and successfully complete baccalaureate and advanced
degrees in science, technology, engineering, and mathematics;
``(2) achieving the common objective of organizing,
leading, and implementing State-based reform agendas that
support the continuing improvement of mathematics and science
education; and
``(3) improving collaboration in a State among the State
educational agency, 2-year and 4-year institutions of higher
education, and the business community through the development
or improvement of a coordinating council.
``(b) Definitions.--For the purposes of this section:
``(1) the term `eligible State' means--
``(A) the Governor of a State; or
``(B) in the case of a State for which the constitution or
laws of the State designate an individual, entity, or agency
in the State, other than the Governor, to be responsible for
coordination among segments of the State's educational
systems, such individual, entity, or agency.
``(2) the term `mathematics and science education
coordinating council' means an organization that is charged
by a State with coordinating mathematics and science
education in the State. Such a council shall be composed of
education, business, and community leaders working together
to increase student participation and academic achievement in
mathematics and science.
``(c) State Grants.--From amounts made available under
section 419D for this section, the Secretary is authorized to
use not more than $5,000,000 to award grants on a competitive
basis to eligible States for the purpose of carrying out
activities described in subsection (d).
``(d) Uses of Funds.--An eligible State that receives a
grant under this section is authorized to use grant funds to
carry out one or more of the following activities:
``(1) In a State in which a mathematics and science
education coordinating council does not exist, planning and
establishing such a council.
``(2) In a State in which such a council exists, reforming
or expanding the activities of the council, including
implementing State-based reform agendas that support the
continuing improvement of mathematics and science education,
and support services that lead to better teacher recruitment
and training, increased student academic achievement, and
increased student enrollment and degree attainment in
science, technology, engineering, and mathematics.
``(3) Coordinating with activities under part B of title II
of the Elementary and Secondary Education Act of 1965 and
with title II of this Act, especially as it pertains to the
recruitment and preparation of highly qualified mathematics
and science teachers.
``(e) Application.--To be eligible to receive a grant under
this section, an eligible State shall submit an application
to the Secretary that--
``(1) describes the activities the State will carry out
with the funds;
``(2) contains a plan for continuing such activities once
Federal funding ceases; and
``(3) contains such other information and assurances as the
Secretary may require.
``(f) Consultation.--The Governor of a State, or the
individual, entity, or agency in the State described in
subsection (b)(1)(B), shall consult with the State board of
education, State educational agency, and the State agency for
higher education, as appropriate, with respect to the
activities assisted under this section. In the case of an
individual, entity, or agency described in subsection
(b)(1)(B), such consultation shall also include the Governor.
``(g) Construction.--Nothing in this section shall be
construed to negate or supersede the legal authority under
State law of any State agency, State entity, or State public
official over programs that are under the jurisdiction of the
agency, entity, or official.
``(h) Administrative Provisions.--
``(1) In general.--
``(A) Grants awarded under this section shall be awarded
for a period not to exceed 5 years.
``(B) A grantee may receive a grant under this part only
once.
``(C) Payments of grant funds under this section shall be
annual.
``(2) Secretarial selections.--The Secretary shall
determine which applications receive funds under this
section, and the amount of the grant. In determining grant
amounts, the Secretary shall take into account the total
amount of funds available for all grants under this section
and the nature of each grant proposal, including whether
funds are being sought to assist in the creation of a new
State mathematics and science education coordinating council
or to extend the work of an existing council. The Secretary
shall also take into account the equitable geographic
distribution of grants throughout the United States.
``(3) Matching requirement.--Each eligible State receiving
a grant under this section shall provide, from non-Federal
sources, an amount equal to 50 percent of the amount of the
grant (in cash or in kind) to carry out the activities
supported by the grant.
``(i) Accountability and Evaluation.--
``(1) State grant accountability report.--An eligible State
that receives a grant under this section shall submit an
annual accountability report to the Secretary. Such report
shall include a description of the degree to which the
eligible State, in using
[[Page H1242]]
grant funds, has made substantial progress in meeting its
objectives.
``(2) Evaluation and dissemination.--The Secretary shall
evaluate the activities funded under this section and report
the Secretary's findings regarding such activities to the
authorizing committees. The Secretary shall broadly
disseminate successful practices developed by eligible States
under this section, and shall broadly disseminate information
regarding such practices that were found to be ineffective.
``(3) Revocation.--If the Secretary determines that an
eligible State is not making substantial progress in meeting
the purposes, objectives, and measures, as appropriate,
required under this section by the end of the second year of
a grant, then the grant payment shall not be made for the
third year and subsequent years of the grant.
``SEC. 419D. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated $41,000,000 for
fiscal year 2006 and such sums as may be necessary for each
of the 5 succeeding fiscal years to carry out this
subpart.''.
SEC. 409. CHILD CARE ACCESS.
Section 419N(g) (20 U.S.C. 1070e(g)) is amended--
(1) by striking ``1999'' and inserting ``2006''; and
(2) by striking ``4 succeeding'' and inserting ``5
succeeding''.
SEC. 410. LEARNING ANYTIME ANYWHERE PARTNERSHIPS.
(a) Repeal.--Subpart 8 of part A of title IV (20 U.S.C.
1070f--1070f-6) is repealed.
(b) Conforming Amendment.--Section 400(b) (20 U.S.C.
1070(b)) is amended by striking ``through 8'' and inserting
``through 7''.
PART B--FEDERAL FAMILY EDUCATION LOAN PROGRAM
SEC. 421. LOAN FORGIVENESS FOR SERVICE IN AREAS OF NATIONAL
NEED.
Section 428K (20 U.S.C. 1078-11) is amended to read as
follows:
``SEC. 428K. LOAN FORGIVENESS FOR SERVICE IN AREAS OF
NATIONAL NEED.
``(a) Purposes.--The purposes of this section are--
``(1) to encourage highly trained individuals to enter and
continue in service in areas of national need; and
``(2) to reduce the burden of student debt for Americans
who dedicate their careers to service in areas of national
need.
``(b) Program Authorized.--
``(1) In general.--The Secretary is authorized to carry out
a program of assuming the obligation to repay, pursuant to
paragraphs (2) of subsection (c) and subsection (d), a
qualified loan amount for a loan made, insured, or guaranteed
under this part or part D (other than loans made under
section 428B and 428C and comparable loans made under part
D), for any new borrower after the date of enactment of the
College Access and Opportunity Act of 2006, who--
``(A) has been employed full-time for at least 5
consecutive complete school, academic, or calendar years, as
appropriate, in an area of national need described in
subsection (c); and
``(B) is not in default on a loan for which the borrower
seeks forgiveness.
``(2) Award basis.--Loan repayment under this section shall
be on a first-come, first-served basis pursuant to the
designation under subsection (c) and subject to the
availability of appropriations.
``(3) Regulations.--The Secretary is authorized to issue
such regulations as may be necessary to carry out the
provisions of this section.
``(c) Areas of National Need.--
``(1) Statutory categories.--For purposes of this section,
an individual shall be treated as employed in an area of
national need if the individual is employed full time and is
any of the following:
``(A) Early childhood educators.--An individual who is
employed as an early childhood educator in an eligible
preschool program or child care facility in a low-income
community, and who is involved directly in the care,
development and education of infants, toddlers, or young
children through age five.
``(B) Nurses.--An individual who is employed--
``(i) as a nurse in a clinical setting; or
``(ii) as a member of the nursing faculty at an accredited
school of nursing (as those terms are defined in section 801
of the Public Health Service Act (42 U.S.C. 296)).
``(C) Foreign language specialists.--An individual who has
obtained a baccalaureate degree in a critical foreign
language and is employed--
``(i) in an elementary or secondary school as a teacher of
a critical foreign language; or
``(ii) in an agency of the United States Government in a
position that regularly requires the use of such critical
foreign language.
``(D) Librarians.--An individual who is employed full-time
as a libarian in--
``(i) a public library that serves a geographic area within
which the public schools have a combined average of 30
percent or more of their total student enrollments composed
of children counted under section 1113(a)(5) of the
Elementary and Secondary Education Act of 1965; or
``(ii) an elementary or secondary school which is in the
school district of a local educational agency which is
eligible in such year for assistance pursuant to title I of
the Elementary and Secondary Education Act of 1965, and which
for the purpose of this paragraph and for that year has been
determined by the Secretary (pursuant to regulations and
after consultation with the State educational agency of the
State in which the school is located) to be a school in which
the enrollment of children counted under section 1113(a)(5)
of the Elementary and Secondary Education Act of 1965 exceeds
30 percent of the total enrollment of that school.
``(E) Highly qualified teachers: bilingual education and
low-income communities.--An individual who--
``(i) is highly qualified as such term is defined in
section 9101 of the Elementary and Secondary Education Act of
1965; and
``(ii)(I) is employed as a full-time teacher of bilingual
education; or
``(II) is employed as a teacher for service in a public or
nonprofit private elementary or secondary school which is in
the school district of a local educational agency which is
eligible in such year for assistance pursuant to title I of
the Elementary and Secondary Education Act of 1965, and which
for the purpose of this paragraph and for that year has been
determined by the Secretary (pursuant to regulations and
after consultation with the State educational agency of the
State in which the school is located) to be a school in which
the enrollment of children counted under section 1113(a)(5)
of the Elementary and Secondary Education Act of 1965 exceeds
40 percent of the total enrollment of that school.
``(F) First responders in low-income communities.--An
individual who--
``(i) is employed as a firefighter, police officer, or
emergency medical technician; and
``(ii) serves as such in a low-income community.
``(G) Child welfare workers.--An individual who--
``(i) has obtained a degree in social work or a related
field with a focus on serving children and families; and
``(ii) is employed in public or private child welfare
services.
``(H) Speech-language pathologists.--An individual who is a
speech-language pathologist, who is employed in an eligible
preschool program or an elementary or secondary school, and
who has, at a minimum, a graduate degree in speech-language
pathology, or communication sciences and disorders.
``(I) Additional areas of national need.--An individual who
is employed in an area designated by the Secretary under
paragraph (2) and has completed a baccalaureate or advanced
degree related to such area.
``(2) Designation of areas of national need.--After
consultation with appropriate Federal, State, and community-
based agencies and organizations, the Secretary shall
designate areas of national need. In making such
designations, the Secretary shall take into account the
extent to which--
``(A) the national interest in the area is compelling;
``(B) the area suffers from a critical lack of qualified
personnel; and
``(C) other Federal programs support the area concerned.
``(d) Qualified Loan Amount.--The Secretary shall repay not
more than $5,000 in the aggregate of the loan obligation on a
loan made under section 428 or 428H that is outstanding after
the completion of the fifth consecutive school, academic, or
calendar year, as appropriate, described in subsection
(b)(1).
``(e) Construction.--Nothing in this section shall be
construed to authorize the refunding of any repayment of a
loan made under section 428 or 428H.
``(f) Ineligibility of National Service Award Recipients.--
No student borrower may, for the same service, receive a
benefit under both this section and subtitle D of title I of
the National and Community Service Act of 1990 (42 U.S.C.
12601 et seq.).
``(g) Ineligibility for Double Benefits.--No borrower may
receive a reduction of loan obligations under both this
section and section 428J or 460.
``(h) Definitions.--In this section
``(1) Child care facility.--The term `child care facility'
means a facility, including a home, that--
``(A) provides for the education and care of children from
birth through age 5; and
``(B) meets any applicable State or local government
licensing, certification, approval, or registration
requirements.
``(2) Critical foreign language.--The term `critical
foreign language' includes the languages of Arabic, Korean,
Japanese, Chinese, Pashto, Persian-Farsi, Serbian-Croatian,
Russian, Portuguese, and any other language identified by the
Secretary of Education, in consultation with the Defense
Language Institute, the Foreign Service Institute, and the
National Security Education Program, as a critical foreign
language need.
``(3) Early childhood educator.--The term `early childhood
educator' means an early childhood educator employed in an
eligible preschool program who has completed a baccalaureate
or advanced degree in early childhood development, early
childhood education, or in a field related to early childhood
education.
``(4) Eligible preschool program.--The term `eligible
preschool program' means a program that provides for the
care, development, and education of infants, toddlers, or
young children through age 5, meets any applicable State or
local government licensing, certification, approval, and
registration requirements, and is operated by--
``(A) a public or private school that may be supported,
sponsored, supervised, or administered by a local educational
agency;
[[Page H1243]]
``(B) a Head Start agency serving as a grantee designated
under the Head Start Act (42 U.S.C. 9831 et seq.);
``(C) a nonprofit or community based organization; or
``(D) a child care program, including a home.
``(5) Low-income community.--In this subsection, the term
`low-income community' means a community in which 70 percent
of households earn less than 85 percent of the State median
household income.
``(6) Nurse.--The term `nurse' means a nurse who meets all
of the following:
``(A) The nurse graduated from--
``(i) an accredited school of nursing (as those terms are
defined in section 801 of the Public Health Service Act (42
U.S.C. 296));
``(ii) a nursing center; or
``(iii) an academic health center that provides nurse
training.
``(B) The nurse holds a valid and unrestricted license to
practice nursing in the State in which the nurse practices in
a clinical setting.
``(C) The nurse holds one or more of the following:
``(i) A graduate degree in nursing, or an equivalent
degree.
``(ii) A nursing degree from a collegiate school of nursing
(as defined in section 801 of the Public Health Service Act
(42 U.S.C. 296)).
``(iii) A nursing degree from an associate degree school of
nursing (as defined in section 801 of the Public Health
Service Act (42 U.S.C. 296)).
``(iv) A nursing degree from a diploma school of nursing
(as defined in section 801 of the Public Health Service Act
(42 U.S.C. 296)).
``(7) Speech-language pathologist.--The term `speech-
language pathologist' means a speech-language pathologist who
meets all of the following:
``(A) the speech-language pathologist has received, at a
minimum, a graduate degree in speech-language pathology or
communication sciences and disorders from an institution of
higher education accredited by an agency or association
recognized by the Secretary pursuant to section 496(a) of
this Act; and
``(B) the speech-language pathologist meets or exceeds the
qualifications as defined in section 1861(ll) of the Social
Security Act (42 U.S.C. 1395x).
``(i) Authorization of Appropriations.--There are
authorized to be appropriated to carry out this section such
sums as may be necessary for fiscal year 2006 and such sums
as may be necessary for each of the 5 succeeding fiscal
years.''.
SEC. 422. ADDITIONAL ADMINISTRATIVE PROVISIONS.
(a) Repayment Plans.--Section 428(b)(9)(A) (20 U.S.C.
1078(b)(9)(A)) is amended by inserting before the semicolon
at the end of clause (ii) the following: ``, and the
Secretary may not restrict the proportions or ratios by which
such payments may be graduated with the informed agreement of
the borrower''.
(b) Counting of Consolidation Loans Against Limits.--
(1) Amendment.--Section 428C(a)(3)(B) (20 U.S.C. 1078-
3(a)(3)(B)) is amended by adding at the end the following new
clause:
``(ii) Loans made under this section shall, to the extent
used to pay off the outstanding principal balance on loans
made under this title, excluding capitalized interest, be
counted against the applicable limitations on aggregate
indebtedness contained in sections 425(a)(2), 428(b)(1)(B),
428H(d), 455, and 464(a)(2)(B).''.
(2) Effective date.--The amendments made by this subsection
shall apply with respect to any loan made, insured, or
guaranteed under part B or part D of title IV of the Higher
Education Act of 1965 for which the first disbursement of
principal is made on or after July 1, 2007.
(c) Additional Consolidation Loan Changes.--
(1) Additional amendments.--Section 428C(b)(1) (20 U.S.C.
1078-3(b)(1)) is amended--
(A) by striking everything after ``under this section'' the
first place it appears in subparagraph (A);
(B) by striking ``(i) which'' and all that follows through
``and (ii)'' in subparagraph (C);
(C) by striking ``and'' at the end of subparagraph (E);
(D) by redesignating subparagraph (F) as subparagraph (G);
and
(E) by inserting after subparagraph (E) the following new
subparagraph:
``(F) that the lender of the consolidation loan shall, upon
application for such loan, provide the borrower with a clear
and conspicuous notice of at least the following information:
``(i) the effects of consolidation on total interest to be
paid, fees to be paid, and length of repayment;
``(ii) the effects of consolidation on a borrower's
underlying loan benefits, including loan forgiveness,
cancellation, deferment, and reduced interest rates on those
underlying loans;
``(iii) the ability of the borrower to prepay the loan, pay
on a shorter schedule, and to change repayment plans;
``(iv) that borrower benefit programs may vary among
different loan holders, and a description of how the borrower
benefits may vary among different loan holders;
``(v) the tax benefits for which borrowers may be eligible;
``(vi) the consequences of default; and
``(vii) that by making the application the applicant is not
obligated to agree to take the consolidation loan; and''.
(2) Effective date for single holder amendment.--The
amendment made by paragraph (1)(A) shall apply with respect
to any loan made under section 428C of the Higher Education
Act of 1965 (20 U.S.C. 1078-3) for which the application is
received by an eligible lender on or after July 1, 2006.
(d) Voluntary Flexible Agreements.--Section 428A(c) (20
U.S.C. 1078-1(c)) is amended by striking paragraph (3) and
inserting the following:
``(3) Notice to interested parties.--Once the Secretary
reaches a tentative agreement in principle under this
section, the Secretary shall publish in the Federal Register
a notice that invites interested parties to comment on the
proposed agreement. The notice shall state how to obtain a
copy of the tentative agreement in principle and shall give
interested parties no less than 30 days to provide comments.
The Secretary may consider such comments prior to providing
the notices pursuant to paragraph (2).''.
(e) Financial and Economic Literacy.--
(1) Default reduction program.--Section 428F is amended by
adding at the end the following:
``(c) Financial and Economic Literacy.--Where appropriate,
each program described under subsection (b) shall include
making available financial and economic education materials
for the borrower.''.
(2) Program assistance for borrowers.--Section 432(k)(1)
(20 U.S.C. 1082(k)(1)) is amended by striking ``and
offering'' and all that follows through the period and
inserting ``, offering loan repayment matching provisions as
part of employee benefit packages, and providing employees
with financial and economic education and counseling.''.
(f) Credit Bureau Organization Agreements.--Section 430A(a)
(20 U.S.C. 1080a(a)) is amended by striking ``agreements with
credit bureau organizations'' and inserting ``an agreement
with each national credit bureau organization (as described
in section 603(p) of the Fair Credit Reporting Act)''.
(g) Default Reduction Management.--Section 432 is further
amended--
(1) by striking subsection (n); and
(2) by redesignating subsections (o) and (p) as subsections
(n) and (o), respectively.
(h) Disability Determinations.--Section 437(a) (20 U.S.C.
1087(a)) is amended by adding at the end the following new
sentence: ``In making such determination of permanent and
total disability, the Secretary shall provide that a borrower
who has been certified as permanently and totally disabled by
the Department of Veterans Affairs or the Social Security
Administration shall not be required to present further
documentation for purposes of this title.''.
(i) Treatment of Falsely Certified Borrowers.--Section
437(c)(1) (20 U.S.C. 1087(c)(1)) is amended by inserting ``or
parent's eligibility'' after ``such student's eligibility''.
(j) Additional Technical Amendments.--
(1) Section 428(a)(2)(A) (20 U.S.C. 1078(a)(2)(A)) is
amended--
(A) by striking ``and'' at the end of subclause (II) of
clause (i); and
(B) by moving the margin of clause (iii) two ems to the
left.
(2) Section 428G(e) (20 U.S.C. 1078-7(e)) is amended by
striking ``, made to a student to cover the cost of
attendance at an eligible institution outside the United
States,''.
PART C--FEDERAL WORK-STUDY PROGRAMS
SEC. 441. AUTHORIZATION OF APPROPRIATIONS.
Section 441(b) (42 U.S.C. 2751(b)) is amended--
(1) by striking ``1999'' and inserting ``2006''; and
(2) by striking ``4 succeeding'' and inserting ``5
succeeding''.
SEC. 442. COMMUNITY SERVICE.
Section 441(c)(1) (42 U.S.C. 2751(c)(1)) is amended by
striking ``that are open and accessible to the community''.
SEC. 443. ALLOCATION OF FUNDS.
(a) Phaseout of Allocation Based on Previous Allocations.--
Subsection (a) of section 442 (42 U.S.C. 2752(a)) is amended
to read as follows:
``(a) Allocation Based on Previous Allocation.--
``(1) Base guarantee.--From the amount appropriated
pursuant to section 441(b) for each fiscal year after fiscal
year 2007, the Secretary shall, subject to paragraph (2),
first allocate to each eligible institution an amount equal
to the following percentage of the amount such institution
received under subsection (a) of this section for fiscal year
2007 (as such subsection was in effect with respect to
allocations for such fiscal year):
``(A) 80 percent for fiscal years 2008 and 2009;
``(B) 60 percent for fiscal years 2010 and 2011;
``(C) 40 percent for fiscal years 2012 and 2013;
``(D) 20 percent for fiscal years 2014 and 2015; and
``(E) 0 percent for fiscal year 2016 and any succeeding
fiscal year.
``(2) Ratable reductions for insufficient appropriations.--
``(A) Reduction of base guarantee.--If the amount
appropriated for any fiscal year is less than the amount
required to be allocated to all institutions under this
subsection, then the amount of the allocation to each such
institution shall be ratably reduced.
[[Page H1244]]
``(B) Additional appropriations allocation.--If additional
amounts are appropriated for any such fiscal year, such
reduced amounts shall be increased on the same basis as they
were reduced (until the amount allocated equals the amount
required to be allocated under this subsection).
``(3) Additional allocations for certain institutions.--
``(A) Allocations permitted.--Notwithstanding any other
provision of this section, the Secretary may allocate an
amount equal to not more than 10 percent of the amount by
which the amount appropriated in any fiscal year to carry out
this part exceeds $700,000,000 among eligible institutions
described in subparagraph (B).
``(B) Eligible institutions.--An otherwise eligible
institution may receive a portion of the allocation described
in subparagraph (A) if--
``(i) not less than 10 percent of the students attending
the institution receive Federal Pell Grants; and
``(ii)(I) in the case of an institution that offers
programs of at least 4 years in duration, if its graduation
rate for Federal Pell Grant recipients attending the
institution and graduating within the period of time equal to
normal duration of the longest undergraduate program offered
by the institution, as measured from the first day of their
enrollment, exceeds the median rate for the class of
institution (as defined in section 131(f)(5)(C)); or
``(II) in the case of an institution that offers programs
of at least 2, but less than 4, years in duration, if its
rate for Federal Pell Grant recipients attending the
institution and graduating or transferring to an institution
that offers programs of at least 4 years in duration within
the period of time equal to the normal duration of the
program offered, as measured from the first day of their
enrollment, exceeds the median rate for the class of
institution (as defined in section 131(f)(5)(C)).''.
(b) Effective Date.--The amendment made by subsection (a)
shall apply with respect to any amounts appropriated under
section 441(b) of the Higher Education Act of 1965 (42 U.S.C.
2751(b)) for fiscal year 2008 or any succeeding fiscal year.
SEC. 444. BOOKS AND SUPPLIES.
Section 442(c)(4)(D) (42 U.S.C. 2752(c)(4)(D)) is amended
by striking ``$450'' and inserting ``$600''.
SEC. 445. JOB LOCATION AND DEVELOPMENT.
Section 446(a)(1) (42 U.S.C. 2756(a)(1)) is amended--
(1) by striking ``10 percent or $50,000'' and inserting
``15 percent or $75,000''; and
(2) by inserting before the period at the end the
following: ``, except that not less than one-third of such
amount shall be specifically allocated to locate and develop
community service jobs''.
SEC. 446. WORK COLLEGES.
Section 448 (42 U.S.C. 2756b) is amended--
(1) by striking ``work-learning'' each place it appears and
inserting ``work-learning-service'';
(2) by amending subparagraph (C) of subsection (e)(1) to
read as follows:
``(C) requires all resident students, including at least
one-half of all students who are enrolled on a full-time
basis, to participate in a comprehensive work-learning-
service program for at least 5 hours each week, or at least
80 hours during each period of enrollment, unless the student
is engaged in an institutionally organized or approved study
abroad or externship program; and'';
(3) by amending paragraph (2) of subsection (e) to read as
follows:
``(2) the term `comprehensive student work-learning-service
program'--
``(A) means a student work-learning-service program that is
an integral and stated part of the institution's educational
philosophy and program;
``(B) requires participation of all resident students for
enrollment and graduation;
``(C) includes learning objectives, evaluation, and a
record of work performance as part of the student's college
record;
``(D) provides programmatic leadership by college personnel
at levels comparable to traditional academic programs;
``(E) recognizes the educational role of work-learning-
service supervisors; and
``(F) includes consequences for nonperformance or failure
in the work-learning-service program similar to the
consequences for failure in the regular academic program.'';
and
(4) in subsection (f), by striking ``1999 and such sums as
may be necessary for each of the 4 succeeding fiscal years''
and inserting ``2006 and such sums as may be necessary for
the 5 succeeding fiscal years''.
PART D--FEDERAL DIRECT LOAN PROGRAM
SEC. 451. INCOME CONTINGENT REPAYMENT.
Section 455(e)(2) (20 U.S.C. 1087e(e)(2)) is amended by
striking ``and files a Federal income tax return jointly with
the borrower's spouse''.
PART E--FEDERAL PERKINS LOAN PROGRAM
SEC. 461. REAUTHORIZATION OF PROGRAM.
(a) Program Authorization.--
(1) Authorization of appropriations.--Section 461(b) (20
U.S.C. 1087aa(b)) is amended--
(A) in paragraph (1)--
(i) by striking ``1999'' and inserting ``2006''; and
(ii) by striking ``4 succeeding'' and inserting ``5
succeeding''; and
(B) in paragraph (2), by striking ``2003'' each place it
appears and inserting ``2012''.
(2) Federal capital contribution recovery.--Section 466 (20
U.S.C. 1087ff) is amended--
(A) by striking ``2004'' each place it appears in
subsections (a) and (c) and inserting ``2012''; and
(B) by striking ``2003'' each place it appears in
subsections (a) and (b),and inserting ``2011''.
(b) Phaseout of Allocation Based on Previous Allocations.--
(1) Amendment.--Subsection (a) of section 462 (20 U.S.C.
1087bb(a)) is amended to read as follows:
``(a) Allocation Based on Previous Allocation.--
``(1) Base guarantee.--From the amount appropriated
pursuant to section 461(b) for each fiscal year after fiscal
year 2007, the Secretary shall, subject to paragraphs (2) and
(3), first allocate to each eligible institution an amount
equal to--
``(A) 100 percent of the amount such institution received
under subsection (a) of this section for fiscal year 2007 (as
such subsection was in effect with respect to allocations for
such fiscal year), multiplied by
``(B) the institution's default penalty, as determined
under subsection (e), except that if the institution has a
cohort default rate in excess of the applicable maximum
cohort default rate under subsection (f), the institution may
not receive an allocation under this paragraph.
``(2) Phase out.--For each of the fiscal years after fiscal
year 2007, paragraph (1) shall be applied by substituting for
`100 percent':
``(A) `80 percent' for fiscal years 2008 and 2009;
``(B) `60 percent' for fiscal years 2010 and 2011;
``(C) `40 percent' for fiscal years 2012 and 2013;
``(D) `20 percent' for fiscal years 2014 and 2015; and
``(E) `0 percent' for fiscal year 2016 and any succeeding
fiscal year.
``(3) Ratable reductions for insufficient appropriations.--
``(A) Reduction of base guarantee.--If the amount
appropriated for any fiscal year is less than the amount
required to be allocated to all institutions under this
subsection, then the amount of the allocation to each such
institution shall be ratably reduced.
``(B) Additional appropriations allocation.--If additional
amounts are appropriated for any such fiscal year, such
reduced amounts shall be increased on the same basis as they
were reduced (until the amount allocated equals the amount
required to be allocated under this subsection).''.
(2) Effective date.--The amendment made by paragraph (1)
shall apply with respect to any amounts appropriated under
section 461(b) of the Higher Education Act of 1965 (20 U.S.C.
1087bb(b)) for fiscal year 2008 or any succeeding fiscal
year.
(c) Books and Supplies.--Section 462(c)(4)(D) (20 U.S.C.
1087bb(c)(4)(D)) is amended by striking ``$450'' and
inserting ``$600''.
SEC. 462. LOAN TERMS AND CONDITIONS.
(a) Loan Limits.--Section 464(a) (20 U.S.C. 1087dd(a)) is
amended--
(1) in paragraph (2)(A)--
(A) by striking ``$4,000'' in clause (i) and inserting
``$5,500''; and
(B) by striking ``$6,000'' in clause (ii) and inserting
``$8,000''; and
(2) in paragraph (2)(B)--
(A) by striking ``$40,000'' in clause (i) and inserting
``$60,000'';
(B) by striking ``$20,000'' in clause (ii) and inserting
``$27,500''; and
(C) by striking ``$8,000'' in clause (iii) and inserting
``$11,000''.
(b) Forbearance.--Section 464(e) (20 U.S.C. 1087dd(e)) is
amended by striking ``, upon written request,''.
(c) Special Repayment Rule.--Paragraph (2) of section
464(f) is amended to read as follows:
``(2) No compromise repayment of a defaulted loan as
authorized by paragraph (1) may be made unless agreed to by
the Secretary.''.
(d) Rehabilitation.--Section 464(h)(1)(A) (20 U.S.C.
1087dd(h)(1)(A)) is amended by striking ``12 ontime'' and
inserting ``9 on-time''.
SEC. 463. LOAN CANCELLATION.
Section 465(a)(3)(A) (20 U.S.C. 1087ee(a)(3)(A)) is
amended--
(1) by inserting ``(D),'' after ``subparagraph (A), (C),''
in clause (i);
(2) by inserting ``or'' after the semicolon at the end of
clause (ii);
(3) by striking clause (iii); and
(4) by redesignating clause (iv) as clause (iii).
SEC. 464. TECHNICAL AMENDMENTS.
Part E is further amended as follows:
(1) Section 462(g)(1)(E)(i)(I) (20 U.S.C.
1087bb(g)(1)(E)(i)(I)) is amended by inserting ``monthly''
after ``consecutive''.
(2) Section 463(a)(4)(A) (20 U.S.C. 1087cc(a)(4)(A)) is
amended by striking ``the Secretary may'' and inserting ``the
Secretary shall''.
(3) Section 464(c)(1)(D) (20 U.S.C. 1087dd(c)(1)(D)) is
amended by redesignating subclauses (I) and (II) as clauses
(i) and (ii), respectively.
(4) Section 465(a)(2) (20 U.S.C. 1087ee(a)(2)) is amended
in subparagraph (A), by striking ``section 111(c)'' and
inserting ``section 1113(a)(5)''.
[[Page H1245]]
(5) Section 467(b) (20 U.S.C. 1087gg(b)) is amended by
striking ``(5)(A), (5)(B)(i), or (6)'' and inserting
``(4)(A), (4)(B), or (5)''.
(6) Section 469(c) (20 U.S.C. 1087ii(c)) is amended--
(A) by striking ``sections 602 and 632'' and inserting
``sections 602(3) and 632(5)'';
(B) by striking ``qualified professional provider of early
intervention services'' and inserting ``early intervention
services''; and
(C) by striking ``section 672(2)'' and inserting ``section
632(4)''.
PART F--NEED ANALYSIS
SEC. 471. SIGNIFICANTLY SIMPLIFYING THE STUDENT AID
APPLICATION PROCESS.
(a) Improvements to Paper and Electronic Forms.--
(1) Common financial aid form development and processing.--
Section 483(a) (20 U.S.C. 1090(a)) is amended--
(A) by striking paragraphs (1), (2), and (5);
(B) by redesignating paragraphs (3), (4), (6), and (7), as
paragraphs (9), (10), (11), and (12), respectively;
(C) by inserting before paragraph (9), as redesignated by
subparagraph (B), the following:
``(1) In general.--The Secretary, in cooperation with
representatives of agencies and organizations involved in
student financial assistance, shall produce, distribute, and
process free of charge common financial reporting forms as
described in this subsection to be used for application and
reapplication to determine the need and eligibility of a
student for financial assistance under parts A through E
(other than subpart 4 of part A). These forms shall be made
available to applicants in both paper and electronic formats
and shall be referred to as the `Free Application for Federal
Student Aid' or the `FAFSA'.
``(2) Early estimates.--
``(A) In general.--The Secretary shall permit applicants to
complete such forms as described in this subsection in the 4
years prior to enrollment in order to obtain a non-binding
estimate of the family contribution, as defined in section
473. The estimate shall clearly and conspicuously indicate
that it is only an estimate of family contribution, and may
not reflect the actual family contribution of the applicant
that shall be used to determine the grant, loan, or work
assistance that the applicant may receive under this title
when enrolled in a program of postsecondary education. Such
applicants shall be permitted to update information submitted
on forms described in this subsection using the process
required under paragraph (5)(A).
``(B) Evaluation.--Two years after the early estimates are
implemented under this paragraph and from data gathered from
the early estimates, the Secretary shall evaluate the
differences between initial, non-binding early estimates and
the final financial aid award made available under this
title.
``(C) Report.--The Secretary shall provide a report to the
authorizing committees on the results of the evaluation.
``(3) Paper format.--
``(A) In general.--The Secretary shall produce, distribute,
and process common forms in paper format to meet the
requirements of paragraph (1). The Secretary shall develop a
common paper form for applicants who do not meet the
requirements of subparagraph (B).
``(B) Ez fafsa.--
``(i) In general.--The Secretary shall develop and use a
simplified paper application form, to be known as the `EZ
FAFSA', to be used for applicants meeting the requirements of
section 479(c).
``(ii) Reduced data requirements.--The form under this
subparagraph shall permit an applicant to submit, for
financial assistance purposes, only the data elements
required to make a determination of whether the applicant
meets the requirements under section 479(c).
``(iii) State data.--The Secretary shall include on the
form under this subparagraph such data items as may be
necessary to award State financial assistance, as provided
under paragraph (6), except that the Secretary shall not
include a State's data if that State does not permit its
applicants for State assistance to use the form under this
subparagraph.
``(iv) Free availability and processing.--The provisions of
paragraph (7) shall apply to the form under this
subparagraph, and the data collected by means of the form
under this subparagraph shall be available to institutions of
higher education, guaranty agencies, and States in accordance
with paragraph (9).
``(v) Testing.--The Secretary shall conduct appropriate
field testing on the form under this subparagraph.
``(C) Promoting the use of electronic fafsa.--
``(i) In general.--The Secretary shall make an effort to
encourage applicants to utilize the electronic forms
described in paragraph (4).
``(ii) Maintenance of the fafsa in a printable electronic
file.--The Secretary shall maintain a version of the paper
forms described in subparagraphs (A) and (B) in a printable
electronic file that is easily portable. The printable
electronic file will be made easily accessible and
downloadable to students on the same website used to provide
students with the electronic application forms described in
paragraph (4) of this subsection. The Secretary shall enable
students to submit a form created under this subparagraph
that is downloaded and printed from an electronic file format
in order to meet the filing requirements of this section and
in order to receive aid from programs under this title.
``(iii) Reporting requirement.--The Secretary shall report
annually to Congress on the impact of the digital divide on
students completing applications for title IV aid described
under this paragraph and paragraph (4). The Secretary will
also report on the steps taken to eliminate the digital
divide and phase out the paper form described in subparagraph
(A) of this paragraph. The Secretary's report will
specifically address the impact of the digital divide on the
following student populations: dependent students,
independent students without dependents, and independent
students with dependents other than a spouse.
``(4) Electronic format.--
``(A) In general.--The Secretary shall produce, distribute,
and process common forms in electronic format to meet the
requirements of paragraph (1). The Secretary shall develop
common electronic forms for applicants who do not meet the
requirements of subparagraph (C) of this paragraph.
``(B) State data.--The Secretary shall include on the
common electronic forms space for information that needs to
be submitted from the applicant to be eligible for State
financial assistance, as provided under paragraph (6), except
the Secretary shall not require applicants to complete data
required by any State other than the applicant's State of
residence.
``(C) Simplified applications: fafsa on the web.--
``(i) In general.--The Secretary shall develop and use a
simplified electronic application form to be used by
applicants meeting the requirements under subsection (c) of
section 479 and an additional, separate simplified electronic
application form to be used by applicants meeting the
requirements under subsection (b) of section 479.
``(ii) Reduced data requirements.--The simplified
electronic application forms shall permit an applicant to
submit for financial assistance purposes, only the data
elements required to make a determination of whether the
applicant meets the requirements under subsection (b) or (c)
of section 479.
``(iii) State data.--The Secretary shall include on the
simplified electronic application forms such data items as
may be necessary to award state financial assistance, as
provided under paragraph (6), except that the Secretary shall
not require applicants to complete data required by any State
other than the applicant's State of residence.
``(iv) Availability and processing.--The data collected by
means of the simplified electronic application forms shall be
available to institutions of higher education, guaranty
agencies, and States in accordance with paragraph (9).
``(v) Testing.--The Secretary shall conduct appropriate
field testing on the forms developed under this subparagraph.
``(D) Use of forms.--Nothing in this subsection shall be
construed to prohibit the use of the forms developed by the
Secretary pursuant to this paragraph by an eligible
institution, eligible lender, guaranty agency, State grant
agency, private computer software provider, a consortium
thereof, or such other entities as the Secretary may
designate.
``(E) Privacy.--The Secretary shall ensure that data
collection under this paragraph complies with section 552a of
title 5, United States Code, and that any entity using the
electronic version of the forms developed by the Secretary
pursuant to this paragraph shall maintain reasonable and
appropriate administrative, technical, and physical
safeguards to ensure the integrity and confidentiality of the
information, and to protect against security threats, or
unauthorized uses or disclosures of the information provided
on the electronic version of the forms. Data collected by
such electronic version of the forms shall be used only for
the application, award, and administration of aid awarded
under this title, State aid, or aid awarded by eligible
institutions or such entities as the Secretary may designate.
No data collected by such electronic version of the forms
shall be used for making final aid awards under this title
until such data have been processed by the Secretary or a
contractor or designee of the Secretary, except as may be
permitted under this title.
``(F) Signature.--Notwithstanding any other provision of
this Act, the Secretary may permit an electronic form under
this paragraph to be submitted without a signature, if a
signature is subsequently submitted by the applicant.
``(5) Streamlining.--
``(A) Streamlined reapplication process.--
``(i) In general.--The Secretary shall develop streamlined
reapplication forms and processes, including both paper and
electronic reapplication processes, consistent with the
requirements of this subsection, for an applicant who applies
for financial assistance under this title--
``(I) in the academic year succeeding the year in which
such applicant first applied for financial assistance under
this title; or
``(II) in any succeeding academic years.
``(ii) Mechanisms for reapplication.--The Secretary shall
develop appropriate mechanisms to support reapplication.
``(iii) Identification of updated data.--The Secretary
shall determine, in cooperation with States, institutions of
higher education, agencies, and organizations involved
[[Page H1246]]
in student financial assistance, the data elements that can
be updated from the previous academic year's application.
``(iv) Reduced data authorized.--Nothing in this title
shall be construed as limiting the authority of the Secretary
to reduce the number of data elements required of
reapplicants.
``(v) Zero family contribution.--Applicants determined to
have a zero family contribution pursuant to section 479(c)
shall not be required to provide any financial data in a
reapplication form, except that which is necessary to
determine eligibility under such section.
``(B) Reduction of data elements.--
``(i) Reduction encouraged.--Of the number of data elements
on the FAFSA on the date of enactment of the College Access
and Opportunity Act of 2006 (including questions on the FAFSA
for the purposes described in paragraph (6)), the Secretary,
in cooperation with representatives of agencies and
organizations involved in student financial assistance, shall
continue to reduce the number of such data elements following
the date of enactment. Reductions of data elements under
paragraph (3)(B), (4)(C), or (5)(A)(iv) shall not be counted
towards the reduction referred to in this paragraph unless
those data elements are reduced for all applicants.
``(ii) Report.--The Secretary shall annually report to the
House of Representatives and the Senate on the progress made
of reducing data elements.
``(6) State requirements.--
``(A) In general.--The Secretary shall include on the forms
developed under this subsection, such State-specific data
items as the Secretary determines are necessary to meet State
requirements for State need-based financial aid under section
415C, except as provided in paragraphs (3)(B)(iii) and
(4)(C)(iii) of this subsection. Such items shall be selected
in consultation with State agencies in order to assist in the
awarding of State financial assistance in accordance with the
terms of this subsection, except as provided in paragraphs
(3)(B)(iii) and (4)(C)(iii) of this subsection. The number of
such data items shall not be less than the number included on
the form on October 7, 1998, unless a State notifies the
Secretary that the State no longer requires those data items
for the distribution of State need-based financial aid.
``(B) Annual review.--The Secretary shall conduct an annual
review process to determine which forms and data items the
States require to award State need-based financial aid and
other application requirements that the States may impose.
``(C) State use of simplified forms.--The Secretary shall
encourage States to take such steps as necessary to encourage
the use of simplified application forms, including those
described in paragraphs (3)(B) and (4)(C), to meet the
requirements under subsection (b) or (c) of section 479.
``(D) Federal register notice.--The Secretary shall publish
on an annual basis a notice in the Federal Register requiring
State agencies to inform the Secretary--
``(i) if the State agency is unable to permit applicants to
utilize the simplified application forms described in
paragraphs (3)(B) and (4)(C); and
``(ii) of the State-specific data that the State agency
requires for delivery of State need-based financial aid.
``(E) State notification to the secretary.--
``(i) In general.--Each State agency shall notify the
Secretary--
``(I) whether the State permits an applicant to file a form
described in paragraph (3)(B) or paragraph (4)(C) of this
subsection for purposes of determining eligibility for State
need-based financial aid; and
``(II) the State-specific data that the State agency
requires for delivery of State need-based financial aid.
``(ii) Acceptance of forms.--In the event that a State does
not permit an applicant to file a form described in paragraph
(3)(B) or paragraph (4)(C) of this subsection for purposes of
determining eligibility for State need-based financial aid--
``(I) the State shall notify the Secretary if the State is
not permitted to do so because of either State law or because
of agency policy; and
``(II) the notification under subclause (I) shall include
an estimate of the program cost to permit applicants to
complete simplified application forms under paragraphs (3)(B)
and paragraph (4)(C) of this subsection.
``(iii) Lack of notification by the state.--If a State does
not notify the Secretary pursuant to clause (i), the
Secretary shall--
``(I) permit residents of that State to complete simplified
application forms under paragraphs (3)(B) and paragraph
(4)(C) of this subsection; and
``(II) not require any resident of that State to complete
any data previously required by that State under this
section.
``(7) Charges to students and parents for use of forms
prohibited.--
``(A) Fees prohibited.--The FAFSA, in whatever form
(including the EZ-FAFSA, paper, electronic, simplified, or
reapplication), shall be produced, distributed, and processed
by the Secretary and no parent or student shall be charged a
fee for the collection, processing, or delivery of financial
aid through the use of the FAFSA. The need and eligibility of
a student for financial assistance under parts A through E of
this title (other than under subpart 4 of part A) may only be
determined by using the FAFSA developed by the Secretary
pursuant to this subsection. No student may receive
assistance under parts A through E of this title (other than
under subpart 4 of part A), except by use of the FAFSA
developed by the Secretary pursuant to this subsection. No
data collected on a form for which a fee is charged shall be
used to complete the FAFSA.
``(B) Notice.--Any entity that provides to students or
parents, or charges students or parents for, any value-added
services with respect to or in connection with the FAFSA,
such as completion of the FAFSA, submission of the FAFSA, or
tracking of the FAFSA for a student, shall provide to
students and parents clear and conspicuous notice that--
``(i) the FAFSA is a free Federal student aid application;
``(ii) the FAFSA can be completed without professional
assistance; and
``(iii) includes the current Internet address for the FAFSA
on the Department's web site.
``(8) Application processing cycle.--The Secretary shall
enable students to submit a form created under this
subsection in order to meet the filing requirements of this
section and in order to receive aid from programs under this
title and shall initiate the processing of applications under
this subsection as early as practicable prior to January 1 of
the student's planned year of enrollment.''.
(2) Master calendar.--Section 482(a)(1)(B) (20 U.S.C. 1089)
is amended to read as follows:
``(B) by March 1: proposed modifications, updates, and
notices pursuant to sections 478, 479(c)(2)(C), and 483(a)(6)
published in the Federal Register;''.
(b) Increasing Access to Technology.--Section 483 (20
U.S.C. 1090) is further amended by adding at the end the
following:
``(f) Addressing the Digital Divide.--The Secretary shall
utilize savings accrued by moving more applicants to the
electronic forms described in subsection (a)(4) to improve
access to the electronic forms described in subsection (a)(4)
for applicants meeting the requirements of section 479(c).''.
(c) Expanding the Definition of an Independent Student.--
Section 480(d) (20 U.S.C.1087vv(d)) is amended by striking
paragraph (2) and inserting the following:
``(2) is an orphan, in foster care, or a ward of the court,
or was in foster care or a ward of the court until the
individual reached the age of 18;''.
SEC. 472. DISCRETION OF STUDENT FINANCIAL AID ADMINISTRATORS.
Section 479A(a) (20 U.S.C. 1087tt(a)) is amended--
(1) by striking ``(a) In General.--'' and inserting the
following:
``(a) Authority to Make Adjustments.--
``(1) Adjustments for special circumstances.--'';
(2) by inserting before ``Special circumstances may'' the
following:
``(2) Special circumstances defined.--'';
(3) by inserting ``a student's status as a ward of the
court at any time prior to attaining 18 years of age, a
student's status as an individual who was adopted at or after
age 13, a student's status as a homeless or unaccompanied
youth (as defined in section 725 of the McKinney-Vento
Homeless Assistance Act),'' after ``487,'';
(4) by inserting before ``Adequate documentation'' the
following:
``(3) Documentation and use of supplementary information.--
''; and
(5) by inserting before ``No student'' the following:
``(4) Fees for supplementary information prohibited.--''.
PART G--GENERAL PROVISIONS RELATING TO STUDENT FINANCIAL ASSISTANCE
SEC. 481. EXPANDING INFORMATION DISSEMINATION REGARDING
ELIGIBILITY FOR PELL GRANTS.
Section 483(a) (20 U.S.C. 1090(a)) (as amended by section
471(a)) is further amended by adding at the end the following
new paragraph:
``(13) Expanding information dissemination regarding
eligibility for pell grants.--The Secretary shall make
special efforts, in conjunction with State efforts, to notify
students and their parents who qualify for a free lunch under
the Richard B. Russell National School Lunch Act (42 U.S.C.
1751 et seq.), the Food Stamps program, or such other
programs as the Secretary shall determine, of their potential
eligibility for a maximum Pell Grant, and shall disseminate
such informational materials as the Secretary deems
appropriate.''.
SEC. 482. STUDENT ELIGIBILITY.
(a) Technical Amendment.--Section 484(b)(5) (20 U.S.C.
1091(b)(5)) is amended by inserting ``or parent (on behalf of
a student)'' after ``student''.
(b) Freely Associated States.--Section 484(j) (20 U.S.C.
1091(j)) is amended by inserting ``and shall be eligible only
for assistance under subpart 1 of part A thereafter,'' after
``part C,''.
SEC. 483. INSTITUTIONAL REFUNDS.
Section 484B (20 U.S.C. 1091b) is amended--
(1) in subsection (a)(1), by inserting ``subpart 4 of part
A or'' after ``received under'';
(2) in subsection (b)(2), by adding at the end the
following new subparagraph:
``(D) Waivers of pell grant repayment by students affected
by disasters.--The Secretary may waive the amounts that
students are required to return under this section with
respect to Pell grants if the withdrawals on which the
returns are based are withdrawals by students--
``(i) who were residing in, employed in, or attending an
institution of higher education
[[Page H1247]]
that is located in an area in which the President has
declared that a major disaster exists, in accordance with
section 401 of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5170);
``(ii) whose attendance was interrupted because of the
impact of the disaster on the student or the institution; and
``(iii) whose withdrawal ended within the academic year
during which the designation occurred or during the next
succeeding academic year.''; and
(3) in subsection (d), by striking ``(a)(3)(B)(i)'' and
inserting ``(a)(3)(B)''.
SEC. 484. INSTITUTIONAL AND FINANCIAL ASSISTANCE INFORMATION
FOR STUDENTS.
(a) Information Dissemination Activities.--Section
485(a)(1) (20 U.S.C. 1092(a)(1)) is amended--
(1) by amending the second sentence to read as follows:
``The information required by this section shall be produced
and be made publicly available to an enrolled student and to
any prospective student, through appropriate publications,
mailings, electronic media, and the reports required by the
institution's accrediting agency under section 496(c)(9).'';
(2) by amending subparagraph (G) to read as follows:
``(G) the academic programs of the institution, including--
``(i) the current degree programs and other educational and
training programs;
``(ii) the institution's educational mission and goals;
``(iii) the instructional, laboratory, and other physical
plant facilities which relate to the academic programs; and
``(iv) the faculty and other instructional personnel;'';
(3) by striking subparagraph (L) and inserting the
following:
``(L) a summary of student outcomes for full-time
undergraduate students, including--
``(i) the completion or graduation rates of certificate- or
degree-seeking undergraduate students entering such
institutions; and
``(ii) any other student outcome data, qualitative or
quantitative, including data regarding distance education,
deemed by the institution to be appropriate to its stated
educational mission and goals, and, when applicable,
licensing and placement rates for professional and vocational
programs;'';
(4) by inserting before the semicolon at the end of
subparagraph (J) the following: ``, and the process for
students to register complaints with the accrediting agencies
or associations'';
(5) in subparagraph (M), by striking ``guaranteed student
loans under part B of this title or direct student loans
under part E of this title, or both,'' and inserting
``student loans under part B, D, or E of this title'';
(6) by striking ``and'' at the end of subparagraph (N);
(7) by striking the period at the end of subparagraph (O)
and inserting a semicolon; and
(8) by adding at the end the following new subparagraphs:
``(P) the penalties contained in subsection 484(r)
regarding suspension of eligibility for drug related
offenses;
``(Q) the policies of the institution regarding the
acceptance or denial of academic credit earned at another
institution of higher education, which shall include a
statement that such decisions will not be based solely on the
source of accreditation of a sending institution, provided
that the sending institution is accredited by an agency or
association that is recognized by the Secretary pursuant to
section 496 to be a reliable authority as to the quality of
the education or training offered, and except that nothing in
this subparagraph shall be construed to--
``(i) authorize an officer or employee of the Department to
exercise any direction, supervision, or control over the
curriculum, program of instruction, administration, or
personnel of any institution of higher education, or over any
accrediting agency or association;
``(ii) limit the application of the General Education
Provisions Act; or
``(iii) create any legally enforceable right; and''.
(b) Additional Amendments.--Section 485(a) is further
amended by striking paragraph (6) and inserting the
following:
``(6) Each institution may provide supplemental information
to enrolled and prospective students showing the completion
or graduation rate for students described in paragraph (4).
For the purpose of this paragraph, the definitions provided
in the Integrated Postsecondary Education Data System shall
apply.
``(7) Each eligible institution participating in any
program under this title may publicly report to currently
enrolled and prospective students the voluntary information
collected by the National Survey of Student Engagement
(NSSE), the Community College Survey of Student Engagement
(CCSSE), or other instruments that provide evidence of
student participation in educationally purposeful activities.
The information shall be produced and made available in a
uniform and comprehensible manner, through appropriate
publications, mailings, and electronic media, and may be
included in reports required by the institution's accrediting
agency.''.
(c) Exit Counseling.--Section 485(b) (20 U.S.C. 1092(b)) is
amended by adding at the end the following new paragraph:
``(3) Each eligible institution shall, during the exit
interview required by this subsection, provide to a borrower
of a loan made under part B, D, or E a clear and conspicuous
notice describing the effect of using a consolidation loan to
discharge the borrower's student loans, including--
``(A) the effects of consolidation on total interest to be
paid, fees to be paid, and length of repayment;
``(B) the effects of consolidation on a borrower's
underlying loan benefits, including loan forgiveness,
cancellation, and deferment;
``(C) the ability for the borrower to prepay the loan, pay
on a shorter schedule, and to change repayment plans, and
that borrower benefit programs may vary among different loan
holders;
``(D) the tax benefits for which the borrower may be
eligible; and
``(E) the consequences of default.''.
(d) Campus Crime Information.--Section 485(f)(1) (20 U.S.C.
1092(f)(1)) is amended by inserting ``, other than a foreign
institution of higher education,'' after ``under this
title''.
(e) Disclosure of Fire Safety of Campus Buildings.--Section
485 of the Higher Education Act of 1965 (20 U.S.C. 1092) is
further amended--
(1) in subsection (a)(1), by adding after subparagraph (Q)
(as added by subsection (a)(8) of this section) the following
new subparagraph:
``(R) the fire safety report prepared by the institution
pursuant to subsection (h).''; and
(2) by adding at the end the following new subsection:
``(h) Disclosure of Fire Safety Standards and Measures.--
``(1) Annual fire safety reports required.--Each
institution participating in any program under this title
shall, beginning in the first academic year that begins after
the date of enactment of the College Access and Opportunity
Act of 2006, and each year thereafter, prepare, publish, and
distribute, through appropriate publications (including the
Internet) or mailings, to all current students and employees,
and to any applicant for enrollment or employment upon
request, an annual fire safety report. Such reports shall
contain at least the following information with respect to
the campus fire safety practices and standards of that
institution:
``(A) A statement that identifies each institution-owned or
controlled student housing facility, and whether or not such
facility is equipped with a fire sprinkler system or other
fire safety system, or has fire escape planning or protocols.
``(B) Statistics for each such facility concerning the
occurrence of fires and false alarms in such facility during
the 2 preceding calendar years for which data are available.
``(C) For each such occurrence in each such facility, a
summary of the human injuries or deaths, structural or
property damage, or combination thereof.
``(D) Information regarding rules on portable electrical
appliances, smoking and open flames (such as candles),
regular mandatory supervised fire drills, and planned and
future improvements in fire safety.
``(E) Information about fire safety education and training
provided to students, faculty, and staff.
``(F) Information concerning fire safety at any housing
facility owned or controlled by a fraternity, sorority, or
student group that is recognized by the institution,
including--
``(i) information reported to the institution under
paragraph (4); and
``(ii) a statement concerning whether and how the
institution works with recognized student fraternities and
sororities, and other recognized student groups owning or
controlling housing facilities, to make each building and
property owned or controlled by such fraternities,
sororities, and groups more fire safe.
``(2) Fraternities, sororities, and other groups.--Each
institution participating in a program under this title shall
request each fraternity and sorority that is recognized by
the institution, and any other student group that is
recognized by the institution and that owns or controls
housing facilities, to collect and report to the institution
the information described in subparagraphs (A) through (E) of
paragraph (1), as applied to the fraternity, sorority, or
recognized student group, respectively, for each building and
property owned or controlled by the fraternity, sorority, or
group, respectively.
``(3) Current information to campus community.--Each
institution participating in any program under this title
shall make, keep, and maintain a log, written in a form that
can be easily understood, recording all on-campus fires,
including the nature, date, time, and general location of
each fire and all false fire alarms. All entries that are
required pursuant to this paragraph shall, except where
disclosure of such information is prohibited by law, be open
to public inspection, and each such institution shall make
annual reports to the campus community on such fires and
false fire alarms in a manner that will aid the prevention of
similar occurrences.
``(4) Reports to the secretary.--On an annual basis, each
institution participating in any program under this title
shall submit to the Secretary a copy of the statistics
required to be made available under paragraph (1)(B). The
Secretary shall--
``(A) review such statistics;
``(B) make copies of the statistics submitted to the
Secretary available to the public; and
[[Page H1248]]
``(C) in coordination with nationally recognized fire
organizations and representatives of institutions of higher
education, identify exemplary fire safety policies,
procedures, and practices and disseminate information
concerning those policies, procedures, and practices that
have proven effective in the reduction of campus fires.
``(5) Rule of construction.--Nothing in this subsection
shall be construed to authorize the Secretary to require
particular policies, procedures, or practices by institutions
of higher education with respect to fire safety.
``(6) Definitions.--In this subsection, the term `campus'
has the meaning provided in subsection (f)(6).''.
SEC. 485. DISTANCE EDUCATION DEMONSTRATION PROGRAM.
(a) Eligible Applicants.--Section 486(b)(3) (20 U.S.C.
1093(b)(3)) is amended--
(1) in subparagraph (B), by striking ``section
102(a)(1)(C)'' and inserting ``section 102''; and
(2) in subparagraph (C), by striking ``subsection (a) of
section 102, other than the requirement of paragraph (3)(A)
or (3)(B) of such subsection,'' and inserting ``section 101,
other than the requirements of subparagraph (A) or (B) of
subsection (b)(4) of such section''.
(b) Selection.--Section 486(d)(1) (20 U.S.C. 1093(d)(1)) is
amended--
(1) by striking ``the third year'' and inserting
``subsequent years'';
(2) by striking ``35 institutions'' and inserting ``100
institutions''; and
(3) by adding at the end the following new sentence: ``Not
more than 5 of such institutions, systems, or consortia may
be accredited, degree-granting correspondence schools.''.
SEC. 486. COLLEGE AFFORDABILITY DEMONSTRATION PROGRAM.
Part G of title IV is amended by inserting after section
486 (20 U.S.C. 1093) the following new section:
``SEC. 486A. COLLEGE AFFORDABILITY DEMONSTRATION PROGRAM.
``(a) Purpose.--It is the purpose of this section--
``(1) to provide, through a college affordability
demonstration program, for increased innovation in the
delivery of higher education and student financial aid in a
manner resulting in reduced costs for students as well as the
institution by employing one or more strategies including
accelerating degree or program completion, increasing
availability of, and access to, distance components of
education delivery, engaging in collaborative arrangements
with other institutions and organizations, and other
alternative methodologies; and
``(2) to help determine--
``(A) the most effective means of delivering student
financial aid as well as quality education;
``(B) the specific statutory and regulatory requirements
that should be altered to provide for more efficient and
effective delivery of student financial aid, as well as
access to high quality distance education programs, resulting
in a student more efficiently completing postsecondary
education; and
``(C) the most effective methods of obtaining and managing
institutional resources.
``(b) Demonstration Program Authorized.--
``(1) In general.--In accordance with the purposes
described in subsection (a) and the provisions of subsection
(d), the Secretary is authorized to select not more than 100
institutions of higher education, including those applying as
part of systems or consortia of such institutions, for
voluntary participation in the College Affordability
Demonstration Program in order to enable participating
institutions to carry out such purposes by providing programs
of postsecondary education, and making available student
financial assistance under this title to students enrolled in
those programs, in a manner that would not otherwise meet the
requirements of this title.
``(2) Waivers.--The Secretary is authorized to waive for
any institutions of higher education, or any system or
consortia of institutions of higher education, selected for
participation in the College Affordability Demonstration
Program, any requirements of this Act or the regulations
thereunder as deemed necessary by the Secretary to meet the
purpose described in subsection (a)(1), and shall make a
determination that the waiver can reasonably be expected to
result in reduced costs to students or institutions without
an increase in Federal program costs. The Secretary may not
waive under this paragraph the maximum award amounts for an
academic year or loan period.
``(3) Eligible applicants.--
``(A) Eligible institutions.--Except as provided in
subparagraph (B), only an institution of higher education
that is eligible to participate in programs under this title
shall be eligible to participate in the demonstration program
authorized under this section.
``(B) Prohibition.--An institution of higher education
described in section 102 shall not be eligible to participate
in the demonstration program authorized under this section.
``(c) Application.--
``(1) In general.--Each institution or system of
institutions desiring to participate in the demonstration
program under this section shall submit an application to the
Secretary at such time and in such manner as the Secretary
may require.
``(2) Contents of applications.--Each application for the
college affordability demonstration program shall include at
least the following:
``(A) a description of the institution or system or
consortium of institutions and what quality assurance
mechanisms are in place to insure the integrity of the
Federal financial aid programs;
``(B) a description of the innovation or innovations being
proposed and the affected programs and students, including--
``(i) a description of any collaborative arrangements with
other institutions or organizations to reduce costs;
``(ii) a description of any expected economic impact of
participation in the program within the community in which
the institution is located; and
``(iii) a description of any means the institution will
employ to reduce the costs of instructional materials, such
as textbooks;
``(C) a description of each regulatory or statutory
requirement for which waivers are sought, with a reason for
each waiver;
``(D) a description of the expected outcomes of the program
changes proposed, including the estimated reductions in costs
both for the institution and for students;
``(E) a description of the quality assurance mechanisms in
place to ensure the integrity of the Federal financial aid
programs;
``(F) an assurance from each institution in a system or
consortium of a commitment to fulfill its role as described
in the application;
``(G) an assurance that the participating institution or
system of institutions will offer full cooperation with the
ongoing evaluations of the demonstration program provided for
in this section; and
``(H) any other information or assurances the Secretary may
require.
``(d) Selection.--In selecting institutions to participate
in the demonstration program under this section, the
Secretary shall take into account--
``(1) the number and quality of applications received,
determined on the basis of the contents required by
subsection (c)(2);
``(2) the Department's capacity to oversee and monitor each
institution's participation;
``(3) an institution's--
``(A) financial responsibility;
``(B) administrative capability;
``(C) program or programs being offered via distance
education, if applicable;
``(D) student completion rates; and
``(E) student loan default rates; and
``(4) the participation of a diverse group of institutions
with respect to size, mission, and geographic distribution.
``(e) Notification.--The Secretary shall make available to
the public and to the authorizing committees a list of
institutions selected to participate in the demonstration
program authorized by this section. Such notice shall include
a listing of the specific statutory and regulatory
requirements being waived for each institution and a
description of the innovations being demonstrated.
``(f) Evaluations and Reports.--
``(1) Evaluation.--The Secretary shall evaluate the
demonstration program authorized under this section on a
biennial basis. Such evaluations specifically shall review--
``(A) the extent to which expected outcomes, including the
estimated reductions in cost, were achieved;
``(B) the number and types of students participating in the
programs offered, including the progress of participating
students toward recognized certificates or degrees and the
extent to which participation in such programs increased;
``(C) issues related to student financial assistance
associated with the innovations undertaken;
``(D) effective technologies and alternative methodologies
for delivering student financial assistance;
``(E) the extent of the cost savings to the institution,
the student, and the Federal Government by virtue of the
waivers provided, and an estimate as to future cost savings
for the duration of the demonstration program;
``(F) the extent to which students saved money by virtue of
completing their postsecondary education sooner;
``(G) the extent to which the institution reduced its
tuition and fees and its costs by virtue of participation in
the demonstration program;
``(H) the extent to which any collaborative arrangements
with other institutions or organizations have reduced the
participating institution's costs; and
``(I) the extent to which statutory or regulatory
requirements not waived under the demonstration program
present difficulties for students or institutions.
``(2) Policy analysis.--The Secretary shall review current
policies and identify those policies that present impediments
to the implementation of innovations that result in cost
savings and in expanding access to education.
``(3) Reports.--The Secretary shall provide a report to the
authorizing committees on a biennial basis regarding--
``(A) the demonstration program authorized under this
section;
``(B) the results of the evaluations conducted under
paragraph (1);
``(C) the cost savings to the Federal Government by the
demonstration program authorized by this section; and
``(D) recommendations for changes to increase the
efficiency and effective delivery of financial aid.
``(g) Oversight.--In conducting the demonstration program
authorized under this section, the Secretary shall, on a
continuing basis--
[[Page H1249]]
``(1) ensure compliance of institutions or systems of
institutions with the requirements of this title (other than
the sections and regulations that are waived under subsection
(b)(2));
``(2) provide technical assistance to institutions in their
application to and participation in the demonstration
program;
``(3) monitor fluctuations in the student population
enrolled in the participating institutions or systems of
institutions;
``(4) monitor changes in financial assistance provided at
the institution; and
``(5) consult with appropriate accrediting agencies or
associations and appropriate State regulatory authorities.
``(h) Termination of Authority.--The authority of the
Secretary under this section shall cease to be effective on
October 1, 2011.''.
SEC. 487. PROGRAM PARTICIPATION AGREEMENTS.
(a) Refund Policies.--Section 487(a) (20 U.S.C. 1094(a)) is
amended--
(1) in paragraph (16), by inserting ``or other Federal,
State, or local government funds'' after ``funds under this
title'' each place it appears;
(2) in paragraph (22), by striking ``refund policy'' and
inserting ``policy on the return of title IV funds''; and
(3) in paragraph (23)--
(A) by moving subparagraph (C) 2 em spaces to the left; and
(B) by adding after such subparagraph the following new
subparagraph:
``(D) An institution shall be considered in compliance with
the requirements of subparagraph (A) for any student to whom
the institution electronically transmits a message containing
a voter registration form acceptable for use in the State in
which the institution is located, or an Internet address
where such a form can be downloaded, provided such
information is in an electronic message devoted to voter
registration.''.
(b) Enforcing the 90/10 Rule.--
(1) Amendment.--Section 487(a) (20 U.S.C. 1094(a)) is
further amended by adding at the end the following new
paragraph:
``(24) The institution will, as calculated in accordance
with subsection (f)(1), have at least 10 percent of its
revenues from sources other than funds provided under this
title, or will be subject to the sanctions described in
subsection (f)(2).''.
(2) Implementation.--Section 487 is further amended by
adding at the end the following new subsection:
``(f) Implementation of Non-Title IV Revenue Requirement.--
``(1) Calculation.--In carrying out subsection (a)(24), an
institution shall use the cash basis of accounting and count
the following funds toward the 10 percent of revenues from
sources of funds other than funds provided under this title:
``(A) funds used by students to pay tuition, fees, and
other institutional charges from sources other than funds
provided under this title as long as the institution can
reasonably demonstrate that such funds were used for such
purposes;
``(B) institutional funds used to satisfy matching-fund
requirements for programs under this title;
``(C) funds from savings plans for educational expenses
established pursuant to the Internal Revenue Code of 1986;
``(D) funds paid by a student, or on behalf of a student by
a party other than the institution, for an education or
training program that is not eligible for funds under this
title, so long as the program is approved or licensed by the
appropriate State agency or an accrediting agency recognized
by the Secretary; and
``(E) institutional aid, as follows:
``(i) in the case of institutional loans, only the amount
of loan repayments received during the fiscal year; and
``(ii) in the case of institutional scholarships, only
those provided by the institution in the form of monetary aid
or tuition discounts based upon the academic achievements or
financial need of students, disbursed during the fiscal year
from an established restricted account, and only to the
extent that the funds in that account represent designated
funds from an outside source or from income earned on those
funds.
``(2) Sanctions.--An institution that fails to meet the
requirements of subsection (a)(24) for 3 consecutive years
shall become ineligible to participate in the programs
authorized by this title. In addition to such other means of
enforcing the requirements of this title as may be available
to the Secretary, if an institution fails to meet the
requirements of subsection (a)(24) in any year, the Secretary
may impose one or more of the following sanctions on the
institution:
``(A) Place the institution on provisional certification in
accordance with section 498(h) until the institution
demonstrates, to the satisfaction of the Secretary, that it
is in compliance with subsection (a)(24).
``(B) Require such other increased monitoring and reporting
requirements as the Secretary determines necessary until the
institution demonstrates, to the satisfaction of the
Secretary, that it is in compliance with subsection (a)(24).
``(3) Publication on cool website.--The Secretary shall
identify, on the College Opportunities On-Line website under
section 131(b), any institution that fails to meet the
requirements of subsection (a)(24) in any year as an
institution that is failing to meet the minimum non-Federal
source of revenue requirements of that subsection.''.
(c) Reports on Disciplinary Proceedings.--
(1) Amendment.--Section 487(a) (20 U.S.C. 1094(a)) is
further amended by adding after paragraph (24), as added by
subsection (b) of this section, the following new paragraph:
``(25) The institution will disclose to the alleged victim
of any crime of violence (as that term is defined in section
16 of title 18), or a nonforcible sex offense, the final
results of any disciplinary proceeding conducted by such
institution against a student who is the alleged perpetrator
of such crime or offense with respect to such crime or
offense. If the alleged victim of such crime or offense is
deceased, the next of kin of such victim shall be treated as
the alleged victim for purposes of this paragraph.''.
(2) Effective date.--The amendment made by paragraph (1)
shall apply with respect to any disciplinary proceeding
conducted by such institution on or after one year after the
date of enactment of this Act.
(d) Audit Requirements.--Section 487(c)(1)(A)(i) (20 U.S.C.
1094(c)(1)(A)(i)) is amended by inserting before the
semicolon at the end the following: ``, except that the
Secretary may modify the requirements of this clause with
respect to institutions of higher education that are foreign
institutions, and may waive such requirements with respect to
a foreign institution whose students receive less than
$500,000 in loans under this title during the award year
preceding the audit period''.
SEC. 488. ADDITIONAL TECHNICAL AND CONFORMING AMENDMENTS.
Part G is further amended as follows:
(1) Section 483(d) (20 U.S.C. 1090(d)) is amended by
striking ``that is authorized under section 685(d)(2)(C)''
and inserting ``, or another appropriate provider of
technical assistance and information on postsecondary
educational services, that is supported under section 663''.
(2) Section 484 (20 U.S.C. 1091) is amended--
(A) in subsection (a)(4), by striking ``certification,,''
and inserting ``certification,''; and
(B) in subsection (b)(2)--
(i) in the matter preceding subparagraph (A), by striking
``section 428A'' and inserting ``section 428H'';
(ii) in subparagraph (A), by inserting ``and'' after the
semicolon at the end thereof;
(iii) in subparagraph (B), by striking ``; and'' and
inserting a period; and
(iv) by striking subparagraph (C).
(3) Section 484A(b)(2) (20 U.S.C. 1091a(b)(2)) is amended
by striking ``part B of this title'' and inserting ``part B,
D, or E of this title''.
(4) Section 485B(a) (20 U.S.C. 1092b(a)) is amended--
(A) by redesignating paragraphs (6) through (10) as
paragraphs (7) through (11), respectively;
(B) by redesignating the paragraph (5) (as added by section
2008 of Public Law 101-239) as paragraph (6); and
(C) in paragraph (5) (as added by section 204(3) of the
National Community Service Act of 1990 (Public Law 101-
610))--
(i) by striking ``(22 U.S.C. 2501 et seq.)),'' and
inserting ``(22 U.S.C. 2501 et seq.),''; and
(ii) by striking the period at the end thereof and
inserting a semicolon.
(5) Section 487A(b) (20 U.S.C. 1094a(b)) is amended--
(A) in paragraph (1)--
(i) by striking ``Higher Education Amendments of 1998'' and
inserting ``College Access and Opportunity Act of 2005''; and
(ii) by striking the second sentence;
(B) in paragraph (2)--
(i) by striking ``1993 through 1998'' and inserting ``1998
through 2004'';
(ii) by striking ``(as such section'' and all that follows
through ``Amendments of 1998)''; and
(iii) by striking ``Higher Education Amendments of 1998.''
and inserting ``College Access and Opportunity Act of
2005.''; and
(C) in paragraph (3)(A)--
(i) by striking ``Upon the submission'' and all that
follows through ``limited number of additional institutions
for voluntary participation'' and inserting ``The Secretary
is authorized to continue the voluntary participation of
institutions participating as of July 1, 2005,''; and
(ii) by inserting before the period at the end the
following: ``, and shall continue the participation of any
such institution unless the Secretary determines that such
institution's participation has not been successful in
carrying out the purposes of this section''.
(6) Section 491(c) (20 U.S.C. 1098(c)) is amended by adding
at the end the following new paragraph:
``(3) The appointment of members under subparagraphs (A)
and (B) of paragraph (1) shall be effective upon publication
of the appointment in the Congressional Record.''.
(7) Section 491(h)(1) (20 U.S.C. 1098(h)(1)) is amended by
striking ``the rate authorized for GS-18 of the General
Schedule'' and inserting ``the maximum rate payable under
section 5376 of such title''.
(8) Section 491(k) (20 U.S.C. 1098(k)) is amended by
striking ``2004'' and inserting ``2011''.
(9) Section 493A (20 U.S.C. 1098c) is repealed.
(10) Section 498 (20 U.S.C. 1099c) is amended--
(A) in subsection (c)(2), by striking ``for profit,'' and
inserting ``for-profit,''; and
(B) in subsection (d)(1)(B), by inserting ``and'' after the
semicolon at the end thereof.
PART H--PROGRAM INTEGRITY
SEC. 495. ACCREDITATION.
(a) Standards for Accreditation.--Section 496(a) (20 U.S.C.
1099b(a)) is amended--
[[Page H1250]]
(1) in paragraph (3)--
(A) by inserting ``or'' after the semicolon at the end of
subparagraph (A);
(B) by striking subparagraph (B); and
(C) by redesignating subparagraph (C) as subparagraph (B);
(2) in paragraph (4)--
(A) by inserting ``(A)'' after ``(4)'';
(B) by inserting after ``consistently applies and enforces
standards'' the following: ``that consider the stated
missions of institutions of higher education, including such
missions as inculcation of religious values, and'';
(C) by inserting ``and'' after the semicolon at the end
thereof; and
(D) by adding at the end the following new subparagraph:
``(B) if such agency or association already has or seeks to
include within its scope of recognition the evaluation of the
quality of institutions or programs offering distance
education, such agency or association shall, in addition to
meeting the other requirements of this subpart, demonstrate
to the Secretary that--
``(i) the accreditation agency's or association's standards
effectively address the quality of an institution's distance
education programs in the areas identified in paragraph (5)
of this subsection, except that the agency or association
shall not be required to have separate standards, procedures,
or policies for the evaluation of distance education
institutions or programs in order to meet the requirements of
this subparagraph; and
``(ii) the agency or association requires that an
institution that offers distance education programs to have
processes by which it establishes that the student who
registers in a distance education course or program is the
same student who participates, completes academic work, and
receives academic credit;'';
(3) in paragraph (5)--
(A) by amending subparagraph (A) to read as follows:
``(A) success with respect to student achievement in
relation to the institution's mission, including, as
appropriate, consideration of student academic achievement as
determined by the institution (in accordance with standards
of the accrediting agency or association), retention, course
and program completion, State licensing examinations, and job
placement rates, and other student performance information
selected by the institution, particularly that information
used by the institution to evaluate or strengthen its
programs;''; and
(B) by amending subparagraph (E) to read as follows:
``(E) fiscal, administrative capacity, as appropriate to
the specified scale of operations, and, for an agency or
association where its approval for such institution
determines eligibility for student assistance under this
title, board governance, within the context of the
institution's mission;'';
(4) by striking paragraph (6) and inserting the following:
``(6) such an agency or association shall establish and
apply review procedures throughout the accrediting process,
including evaluation and withdrawal proceedings that comply
with due process that provides for--
``(A) adequate specification of requirements and
deficiencies at the institution of higher education or
program being examined;
``(B) an opportunity for a written response by any such
institution to be included in the evaluation and withdrawal
proceedings;
``(C) upon the written request of an institution, an
opportunity for the institution to appeal any adverse action
at a hearing prior to such action becoming final before an
appeals panel that--
``(i) shall not include current members of the agency or
association's underlying decision-making body that made the
adverse decision; and
``(ii) is subject to a conflict of interest of policy; and
``(D) the right to representation by counsel for an such
institution;''; and
(5) by striking paragraph (8) and inserting the following:
``(8) such agency or association shall make available to
the public and submit to the Secretary and the State
licensing or authorizing agency, together with the comments
of the affected institution, a summary of agency or
association actions, involving--
``(A) final denial, withdrawal, suspension, or termination
of accreditation; and
``(B) any other final adverse action taken with respect to
an institution.''.
(b) Operating Procedures.--Section 496(c) (20 U.S.C.
1099b(c)) is amended--
(1) by inserting ``(including those regarding distance
education)'' before the semicolon at the end of paragraph
(1);
(2) by striking ``and'' at the end of paragraph (5);
(3) by striking the period at the end of paragraph (6) and
inserting a semicolon; and
(4) by inserting after paragraph (6) the following new
paragraphs:
``(7) ensures that its onsite comprehensive reviews for
accreditation or reaccreditation include evaluation of the
substance of the information required in subparagraph (H) of
section 485(a)(1);
``(8) confirms as a part of its review for accreditation or
reaccreditation that the institution has transfer policies--
``(A) that are publicly disclosed; and
``(B) that do not deny transfer of credit based solely on
the accreditation of the sending institution as long as the
association or agency is recognized by the Secretary pursuant
to section 496;
``(9) develops a brief summary, available to the public, of
final adverse actions in accordance with the requirements of
subsection (a)(8);
``(10) monitors the enrollment growth of distance education
to ensure that an institution experiencing signficant growth
has the capacity to serve its students effectively;
``(11) discloses publicly, on the agency's website or
through other similar dissemination--
``(A) a list of the individuals who comprised the
evaluation teams during the prior calendar year for each
agency or association and the title and institutional
affiliation of such individuals, although such list shall not
be required to identify those individuals who comprised the
evaluation team used for any specific institution;
``(B) a description of the agency's or association's
process for selecting, preparing, and evaluating such
individuals; and
``(C) any statements related to the accreditation
responsibilities of such individuals; and
``(12) reviews the record of student complaints resulting
from the student information process described in section
485(a)(1)(J).''.
(c) Limitation, Suspension, and Termination of
Recognition.--Section 496(l) is amended by adding at the end
the following new paragraph:
``(3) The Secretary shall provide an annual report to
Congress on the status of any agency or association for which
the Secretary has limited, suspended or terminated
recognition under this subsection.''.
(d) Program Review and Data.--Section 498A(b) (20 U.S.C.
1099c-1(b)) is amended--
(1) by striking ``and'' at the end of paragraph (4);
(2) by striking the period at the end of paragraph (5) and
inserting a semicolon; and
(3) by adding at the end the following new paragraphs:
``(6) provide to the institution adequate opportunity to
review and respond to any program review report or audit
finding and underlying materials related thereto before any
final program review or audit determination is reached;
``(7) review and take into consideration the institution's
response in any final program review or audit determination,
and include in the final determination--
``(A) a written statement addressing the institution's
response and stating the basis for such final determination;
and
``(B) a copy of the institution's statement in response,
appropriately redacted to protect confidential information;
``(8) maintain and preserve at all times the
confidentiality of any program review report or audit finding
until the requirements of paragraphs (6) and (7) are met, and
until a final program review or audit determination has been
issued, except to the extent required to comply with
paragraph (5), provided, however, that the Secretary shall
promptly disclose any and all program review reports and
audit findings to the institution under review; and
``(9) require that the authority to approve or issue any
program review report or audit finding, preliminary or
otherwise, that contains any finding, determination, or
proposed assessment that exceeds or may exceed $500,000 in
liabilities shall not be delegated to any official beyond the
Chief Operating Officer of Federal Student Aid.''.
SEC. 496. REPORT TO CONGRESS ON PREVENTION OF FRAUD AND ABUSE
IN STUDENT FINANCIAL AID PROGRAMS.
Title IV is amended by adding at the end the following new
section:
``SEC. 499. REPORT TO CONGRESS ON PREVENTION OF FRAUD AND
ABUSE IN STUDENT FINANCIAL AID PROGRAMS.
``(a) Purpose.--It is the purpose of this section to
require the Secretary to commission a nonpartisan,
comprehensive study on the prevention of fraud and abuse in
title IV student financial aid programs, and to report the
results of such study to Congress.
``(b) Scope of Report.--The study under this section shall
thoroughly identify and address the following:
``(1) The impact of fraud and abuse in title IV student
financial aid programs upon students and taxpayers, and the
nature of such fraud and abuse.
``(2) The effectiveness of existing policies and
requirements under this Act that were put in place to prevent
fraud and abuse in title IV student financial aid programs,
and how such policies and requirements should be improved.
``(3) The extent to which existing protections against
fraud and abuse under this Act are adequately enforced, and
how enforcement should be strengthened.
``(4) Areas in which additional information is needed to
assess the effectiveness of current protections and
enforcement against fraud and abuse.
``(5) Existing policies and requirements under this Act
aimed at fraud and abuse that are ineffective, hinder
innovation, or could be eliminated without reducing
effectiveness.
``(6) New policies and enforcement, particularly those
suited for the current higher education marketplace, needed
to protect against fraud and abuse in title IV student
financial aid programs.
``(7) The extent to which States are implementing
regulations to protect students from fraud and abuse, and
whether changes
[[Page H1251]]
to Federal law will preempt such regulations.
``(c) Report.--Not later than December 31, 2007, the
Secretary, after an opportunity for both the Secretary and
the Inspector General of the Department of Education to
review the results of the study, shall transmit to Congress a
report on the study conducted under this section. Such report
shall--
``(1) include clear and specific recommendations for
legislative and regulatory actions that are likely to
significantly reduce the fraud and abuse in title IV student
financial aid programs identified under subsection (b); and
``(2) include both the Secretary's and the Inspector
General's comments on the report.''.
TITLE V--DEVELOPING INSTITUTIONS
SEC. 501. DEFINITIONAL CHANGES.
Section 502(a) (20 U.S.C. 1101a(a)) is amended--
(1) in paragraph (5)--
(A) by inserting ``and'' after the semicolon at the end of
subparagraph (A);
(B) by inserting ``at the end of the award year immediately
preceding the date of application'' after ``Hispanic
students'' in subparagraph (B);
(C) by striking ``; and'' at the end of subparagraph (B)
and inserting a period; and
(D) by striking subparagraph (C); and
(2) by striking paragraph (7).
SEC. 502. ASSURANCE OF ENROLLMENT OF NEEDY STUDENTS.
Section 511(c) (20 U.S.C. 1103(c)) is amended--
(1) by striking paragraph (2);
(2) by redesignating paragraphs (3) through (7) as
paragraphs (2) through (6); and
(3) by inserting after paragraph (6) as so redesignated the
following new paragraph:
``(7) contain such assurances as the Secretary may require
that the institution has an enrollment of needy students as
required by section 502(b);''.
SEC. 503. ADDITIONAL AMENDMENTS.
Title V is further amended--
(1) in section 502(a)(2)(A) (20 U.S.C. 1101a(a)(2)(A)), by
redesignating clauses (v) and (vi) as clauses (vi) and (vii),
respectively, and inserting after clause (iv) the following
new clause:
``(v) which provides a program of not less than 2 years
that is acceptable for full credit toward a bachelor's
degree;'';
(2) in section 503(b) (20 U.S.C. 1101b(b))--
(A) by amending paragraph (2) to read as follows:
``(2) Construction, maintenance, renovation, and
improvement in classrooms, libraries, laboratories, and other
instructional facilities, including purchase or rental of
telecommunications technology equipment or services, and the
acquisition of real property adjacent to the campus of the
institution on which to construct such facilities.'';
(B) by amending paragraph (12) to read as follows:
``(12) Establishing community outreach programs and
collaborative partnerships between Hispanic-serving
institutions and local elementary or secondary schools. Such
partnerships may include mentoring, tutoring, or other
instructional opportunities that will boost student academic
achievement and assist elementary and secondary school
students in developing the academic skills and the interest
to pursue postsecondary education.'';
(C) by redesignating paragraphs (5) through (14) as
paragraphs (6) through (15), respectively; and
(D) by inserting after paragraph (4) the following:
``(5) Education or counseling services designed to improve
the financial literacy and economic literacy of students and,
as appropriate, their parents.'';
(3) in section 504(a) (20 U.S.C. 1101c(a))--
(A) by striking the following:
``(a) Award Period.--
``(1) In general.--The Secretary'' and inserting the
following:
``(a) Award Period.--The Secretary''; and
(B) by striking paragraph (2); and
(4) in section 514(c) (20 U.S.C. 1103c(c)), by striking
``section 505'' and inserting ``section 504''.
SEC. 504. POSTBACCALAUREATE OPPORTUNITIES FOR HISPANIC
AMERICANS.
(a) Establishment of Program.--Title V is amended--
(1) by redesignating part B as part C;
(2) by redesignating sections 511 through 518 as sections
521 through 528, respectively; and
(3) by inserting after section 505 (20 U.S.C. 1101d) the
following new part:
``PART B--PROMOTING POSTBACCALAUREATE OPPORTUNITIES FOR HISPANIC
AMERICANS
``SEC. 511. PURPOSES.
``The purposes of this part are--
``(1) to expand postbaccalaureate educational opportunities
for, and improve the academic attainment of, Hispanic
students; and
``(2) to expand the postbaccalaureate academic offerings
and enhance the program quality in the institutions that are
educating the majority of Hispanic college students and
helping large numbers of Hispanic and low-income students
complete postsecondary degrees.
``SEC. 512. PROGRAM AUTHORITY AND ELIGIBILITY.
``(a) Program Authorized.--Subject to the availability of
funds appropriated to carry out this part, the Secretary
shall award competitive grants to Hispanic-serving
institutions determined by the Secretary to be making
substantive contributions to graduate educational
opportunities for Hispanic students.
``(b) Eligibility.--For the purposes of this part, an
`eligible institution' means an institution of higher
education that--
``(1) is an eligible institution under section 502(a)(2);
and
``(2) offers a postbaccalaureate certificate or degree
granting program.
``SEC. 513. AUTHORIZED ACTIVITIES.
``Grants awarded under this part shall be used for one or
more of the following activities:
``(1) Purchase, rental, or lease of scientific or
laboratory equipment for educational purposes, including
instructional and research purposes.
``(2) Construction, maintenance, renovation, and
improvement of classrooms, libraries, laboratories, and other
instructional facilities, including purchase or rental of
telecommunications technology equipment or services.
``(3) Purchase of library books, periodicals, technical and
other scientific journals, microfilm, microfiche, and other
educational materials, including telecommunications program
materials.
``(4) Support for needy postbaccalaureate students
including outreach, academic support services, mentoring,
scholarships, fellowships, and other financial assistance to
permit the enrollment of such students in postbaccalaureate
certificate and degree granting programs.
``(5) Support of faculty exchanges, faculty development,
faculty research, curriculum development, and academic
instruction.
``(6) Creating or improving facilities for Internet or
other distance learning academic instruction capabilities,
including purchase or rental of telecommunications technology
equipment or services.
``(7) Collaboration with other institutions of higher
education to expand postbaccalaureate certificate and degree
offerings.
``(8) Other activities proposed in the application
submitted pursuant to section 514 that--
``(A) contribute to carrying out the purposes of this part;
and
``(B) are approved by the Secretary as part of the review
and acceptance of such application.
``SEC. 514. APPLICATION AND DURATION.
``(a) Application.--Any eligible institution may apply for
a grant under this part by submitting an application to the
Secretary at such time and in such manner as determined by
the Secretary. Such application shall demonstrate how the
grant funds will be used to improve postbaccalaureate
education opportunities in programs and professions in which
Hispanic Americans are underrepresented.
``(b) Duration.--Grants under this part shall be awarded
for a period not to exceed 5 years.
``(c) Limitation.--The Secretary shall not award more than
one grant under this part in any fiscal year to any Hispanic-
serving institution.''.
(b) Cooperative Arrangements.--Section 524(a) (as
redesignated by subsection (a)(2)) (20 U.S.C. 1103c(a)) is
amended by inserting ``and section 513'' after ``section
503''.
SEC. 505. AUTHORIZATION OF APPROPRIATIONS.
Subsection (a) of section 528 (as redesignated by section
504(a)(2) of this Act) (20 U.S.C. 1103g) is amended to read
as follows:
``(a) Authorizations.--
``(1) Part a.--There are authorized to be appropriated to
carry out part A and part C of this title $96,000,000 for
fiscal year 2006 and such sums as may be necessary for each
of the 5 succeeding fiscal years.
``(2) Part b.--There are authorized to be appropriated to
carry out part B of this title $59,000,000 for fiscal year
2006 and such sums as may be necessary for each of the 5
succeeding fiscal years.''.
TITLE VI--TITLE VI AMENDMENTS
SEC. 601. INTERNATIONAL AND FOREIGN LANGUAGE STUDIES.
(a) Findings and Purposes.--Section 601 (20 U.S.C. 1121) is
amended--
(1) in subsection (a)--
(A) by striking ``post-Cold War'' in paragraph (3);
(B) by redesignating paragraphs (4) and (5) as paragraphs
(5) and (6), respectively; and
(C) by inserting after paragraph (3) the following new
paragraph:
``(4) The events and aftermath of September 11, 2001, have
underscored the need for the Nation to strengthen and enhance
American knowledge of international relations, world regions,
and foreign languages. Homeland security and effective United
States engagement abroad depend upon an increased number of
Americans who have received such training and are willing to
serve their Nation.'';
(2) in subsection (b)(1)--
(A) by striking ``; and'' at the end of subparagraph (D)
and inserting ``, including through linkages overseas with
institutions of higher education and relevant organizations
that contribute to the educational programs assisted under
this part;'';
(B) by inserting ``and'' after the semicolon at the end of
subparagraph (E);
(C) by inserting after such subparagraph (E) the following
new subparagraph:
``(F) to assist the national effort to educate and train
citizens to participate in the efforts of homeland
security;''; and
(3) in subsection (b)(3)--
[[Page H1252]]
(A) by inserting ``reinforce and'' before ``coordinate'';
and
(B) by inserting ``, and international business and trade
competitiveness'' before the period.
(b) Graduate and Undergraduate Language and Area Centers
and Programs.--Section 602(a) (20 U.S.C. 1122(a)) is
amended--
(1) in paragraph (1), by striking subparagraph (A) and
inserting the following:
``(A) In general.--The Secretary is authorized to make
grants to institutions of higher education or consortia of
such institutions for the purpose of establishing,
strengthening, and operating--
``(i) comprehensive foreign language and area or
international studies centers and programs; and
``(ii) a diverse network of undergraduate foreign language
and area or international studies centers and programs.'';
(2) in paragraph (2)--
(A) by striking ``and'' at the end of subparagraph (G);
(B) by striking the period at the end of subparagraph (H)
and inserting a semicolon; and
(C) by inserting after subparagraph (H) the following new
subparagraphs:
``(I) supporting instructors of the less commonly taught
languages;
``(J) widely disseminating materials developed by the
center or program to local educational agencies and public
and private elementary and secondary education schools, and
institutions of higher education, presented from diverse
perspectives and reflective of a wide range of views on the
subject matter, except that no more than 50 percent of funds
awarded to an institution of higher education or consortia of
such institutions for purposes under this title may be
associated with the costs of dissemination; and
``(K) projects that support in students an understanding of
science and technology in coordination with foreign language
proficiency.''; and
(3) in paragraph (4)--
(A) by amending subparagraph (B) to read as follows:
``(B) Partnerships or programs of linkage and outreach with
2-year and 4-year colleges and universities, including
colleges of education and teacher professional development
programs.'';
(B) in subparagraph (C), by striking ``Programs of linkage
or outreach'' and inserting ``Partnerships or programs of
linkage and outreach'';
(C) in subparagraph (E)--
(i) by striking ``foreign area'' and inserting ``area
studies'';
(ii) by striking ``of linkage and outreach''; and
(iii) by striking ``(C), and (D)'' and inserting ``(D), and
(E)'';
(D) by redesignating subparagraphs (C), (D), and (E) as
subparagraphs (D), (E), and (F), respectively; and
(E) by inserting after subparagraph (B) the following new
subparagraph:
``(C) Partnerships with local educational agencies and
public and private elementary and secondary education schools
that are designed to increase student academic achievement in
foreign language and knowledge of world regions, and to
facilitate the wide dissemination of materials related to
area studies, foreign languages, and international studies
that are reflective of a wide range of views on the subject
matter.''.
(c) Language Resource Centers.--Section 603(c) (20 U.S.C.
1123(c)) is amended by inserting ``reflect the purposes of
this part and'' after ``shall''.
(d) Undergraduate International Studies and Foreign
Language Programs.--Section 604 (20 U.S.C. 1124) is amended--
(1) in subsection (a)(1), by striking ``combinations'' each
place it appears and inserting ``consortia'';
(2) in subsection (a)(2)--
(A) in subparagraph (B)(ii), by striking ``teacher
training'' and inserting ``teacher professional
development'';
(B) by redesignating subparagraphs (I) through (M) as
subparagraphs (J) through (N), respectively;
(C) by inserting after subparagraph (H) the following new
subparagraph:
``(I) the provision of grants for educational programs
abroad that are closely linked to the program's overall goals
and have the purpose of promoting foreign language fluency
and knowledge of world regions, except that not more than 10
percent of a grant recipient's funds may be used for this
purpose;''; and
(D) in subparagraph (M)(ii) (as redesignated by
subparagraph (B) of this paragraph), by striking ``elementary
and secondary education institutions'' and inserting ``local
educational agencies and public and private elementary and
secondary education schools'';
(3) in subsection (a)(4)(B), by inserting ``that
demonstrates a need for a waiver or reduction'' before the
period at the end;
(4) in subsection (a)(6), by inserting ``reflect the
purposes of this part and'' after ``shall'';
(5) in subsection (a)(8), by striking ``may'' and inserting
``shall''; and
(6) by striking subsection (c).
(e) Research; Studies; Annual Report.--Section 605(a) (20
U.S.C. 1125(a)) is amended by inserting before the period at
the end of the first sentence the following: ``, including
the systematic collection, analysis, and dissemination of
data''.
(f) Technological Innovation and Cooperation for Foreign
Information Access.--Section 606 (20 U.S.C. 1126) is
amended--
(1) in subsection (a)--
(A) by striking ``or consortia of such institutions or
libraries'' and inserting ``museums, or consortia of such
entities'';
(B) by striking ``new''; and
(C) by inserting ``from foreign sources'' after
``disseminate information'';
(2) in subsection (b)--
(A) by inserting ``acquire and'' before ``facilitate
access'' in paragraph (1);
(B) by striking ``new means of'' in paragraph (3) and
inserting ``new means and standards for'';
(C) by striking ``and'' at the end of paragraph (6);
(D) by striking the period at the end of paragraph (7) and
by inserting a semicolon; and
(E) by inserting after paragraph (7) the following new
paragraphs:
``(8) to establish linkages between grant recipients under
subsection (a) with libraries, museums, organizations, or
institutions of higher education located overseas to
facilitate carrying out the purposes of this section; and
``(9) to carry out other activities deemed by the Secretary
to be consistent with the purposes of this section.''; and
(3) by adding at the end the following new subsection:
``(e) Special Rule.--The Secretary may waive or reduce the
required non-Federal share for institutions that--
``(1) are eligible to receive assistance under part A or B
of title III or under title V; and
``(2) have submitted a grant application under this section
that demonstrates a need for a waiver or reduction.''.
(g) Selection of Grant Recipients.--Section 607(b) (20
U.S.C. 1127(b)) is amended--
(1) by striking ``objectives'' and inserting ``missions'';
and
(2) by adding at the end the following new sentence: ``In
keeping with the purposes of this part, the Secretary shall
take into account the degree to which activities of centers,
programs, and fellowships at institutions of higher education
address national interests, generate and disseminate
information, and foster debate on international issues from
diverse perspectives.''.
(h) Equitable Distribution.--Section 608(a) (20 U.S.C.
1128(a)) is amended by adding at the end the following new
sentence: ``Grants made under section 602 shall also reflect
the purposes of this part.''.
(i) Authorization of Appropriations.--Section 610 (20
U.S.C. 1128b) is amended--
(1) by striking ``1999'' and inserting ``2006''; and
(2) by striking ``4 succeeding'' and inserting ``5
succeeding''.
(j) Conforming Amendments.--
(1) Sections 603(a), 604(a)(5), and 612 (20 U.S.C. 1123(a),
1124(a)(5), 1130-1) are each amended by striking
``combinations'' each place it appears and inserting
``consortia''.
(2) Section 612 (20 U.S.C. 1130-1) is amended by striking
``combination'' each place it appears and inserting
``consortium'' .
SEC. 602. BUSINESS AND INTERNATIONAL EDUCATION PROGRAMS.
(a) Centers for International Business Education.--Section
612 (20 U.S.C. 1130-1) is amended--
(1) in subsection (c)(1)(D), by inserting ``(including
those that are eligible to receive assistance under part A or
B of title III or under title V)'' after ``other institutions
of higher education''; and
(2) in subsection (e), by adding at the end the following
new paragraph:
``(5) Special rule.--The Secretary may waive or reduce the
required non-Federal share for institutions that--
``(A) are eligible to receive assistance under part A or B
of title III or under title V; and
``(B) have submitted a grant application under this section
that demonstrates a need for a waiver or reduction.''.
(b) Education and Training Programs.--Section 613 (20
U.S.C. 1130a) is amended by adding at the end the following
new subsection:
``(e) Special Rule.--The Secretary may waive or reduce the
required non-Federal share for institutions that--
``(1) are eligible to receive assistance under part A or B
of title III or under title V; and
``(2) have submitted a grant application under this section
that demonstrates a need for a waiver or reduction.''.
(c) Authorization of Appropriations.--Section 614 (20
U.S.C. 1130b) is amended--
(1) by striking ``1999'' each place it appears and
inserting ``2006''; and
(2) by striking ``4 succeeding'' each place it appears and
inserting ``5 succeeding''.
SEC. 603. INSTITUTE FOR INTERNATIONAL PUBLIC POLICY.
(a) Foreign Service Professional Development.--Section 621
(20 U.S.C. 1131) is amended--
(1) by striking the heading of such section and inserting
the following:
``SEC. 621. PROGRAM FOR FOREIGN SERVICE PROFESSIONALS.'';
(2) by striking the second sentence of subsection (a) and
inserting the following: ``The Institute shall conduct a
program to enhance the international competitiveness of the
United States by increasing the participation of
underrepresented populations in the international service,
including private international voluntary organizations and
the foreign service of the United States.''; and
[[Page H1253]]
(3) in subsection (b)(1), by striking subparagraphs (A) and
(B) and inserting the following:
``(A) A Tribally Controlled College or University or Alaska
Native or Native Hawaiian-serving institution eligible for
assistance under title III, an institution eligible for
assistance under part B of title III, or a Hispanic-serving
institution eligible for assistance under title V.
``(B) An institution of higher education which serves
substantial numbers of underrepresented students.''.
(b) Institutional Development.--Section 622 (20 U.S.C.
1131-1) is amended by inserting before the period at the end
of subsection (a) the following: ``and promote collaboration
with colleges and universities that receive funds under this
title''.
(c) Study Abroad Program.--Section 623(a) (20 U.S.C.
1131a(a)) is amended by inserting after ``1978,'' the
following: ``Alaska Native-serving, Native Hawaiian-serving,
and Hispanic-serving institutions,''.
(d) Advanced Degree in International Relations.--Section
624 (20 U.S.C. 1131b) is amended--
(1) by striking ``MASTERS'' in the heading of such section
and inserting ``ADVANCED'';
(2) by striking ``a masters degree in international
relations'' and inserting ``an advanced degree in
international relations, international affairs, international
economics, or other academic areas related to the Institute
fellow's career objectives''; and
(3) by striking ``The masters degree program designed by
the consortia'' and inserting ``The advanced degree study
program shall be designed by the consortia, consistent with
the fellow's career objectives, and''.
(e) Internships.--Section 625 (20 U.S.C. 1131c) is
amended--
(1) in subsection (a), by inserting after ``1978,'' the
following: ``Alaska Native-serving, Native Hawaiian-serving,
and Hispanic-serving institutions,'';
(2) in subsection (b)--
(A) by inserting ``and'' after the semicolon at the end of
paragraph (2);
(B) by striking ``; and'' at the end of paragraph (3) and
inserting a period; and
(C) by striking paragraph (4); and
(3) by amending subsection (c) to read as follows:
``(c) Ralph J. Bunche Fellows.--In order to assure the
recognition and commitment of individuals from
underrepresented student populations who demonstrate special
interest in international affairs and language study,
eligible students who participate in the internship programs
authorized under (a) and (b) shall be known as the `Ralph J.
Bunche Fellows'.''.
(f) Report.--Section 626 (20 U.S.C. 1131d) is amended by
striking ``annually prepare a report'' and inserting
``prepare a report biennially''.
(g) Authorization of Appropriations.--Section 628 (20
U.S.C. 1131f) is amended--
(1) by striking ``1999'' and inserting ``2006''; and
(2) by striking ``4 succeeding'' and inserting ``5
succeeding''.
SEC. 604. EVALUATION, OUTREACH, AND DISSEMINATION.
Part D of title VI is amended by inserting after section
631 (20 U.S.C. 1132) the following new section:
``SEC. 632. EVALUATION, OUTREACH, AND DISSEMINATION.
``The Secretary may use not more than one percent of the
funds made available for this title for program evaluation,
national outreach, and information dissemination
activities.''.
SEC. 605. ADVISORY BOARD.
Part D of title VI is amended by inserting after section
632 (as added by section 604) the following new section:
``SEC. 633. INTERNATIONAL HIGHER EDUCATION ADVISORY BOARD.
``(a) Establishment and Purpose.--
``(1) Establishment.--There is established in the
Department an independent International Higher Education
Advisory Board (hereafter in this section referred to as the
`International Advisory Board'). The International Advisory
Board shall provide advice, counsel, and recommendations to
the Secretary and the Congress on international education
issues for higher education.
``(2) Purpose.--The purpose of the International Advisory
Board is--
``(A) to provide expertise in the area of national needs
for proficiency in world regions, foreign languages,
international affairs, and international business;
``(B) to make recommendations that will promote the
excellence of international education programs and result in
the growth and development of such programs at the
postsecondary education level that will reflect diverse
perspectives and a wide range of views on world regions,
foreign language, international affairs, and international
business; and
``(C) to advise the Secretary and the Congress with respect
to needs for expertise in government, the private sector, and
education in order to enhance America's understanding of, and
engagement in, the world.
``(b) Independence of International Advisory Board.--In the
exercise of its functions, powers, and duties, the
International Advisory Board shall be independent of the
Secretary and the other offices and officers of the
Department. Except as provided in this subsection and
subsection (f), the recommendations of the International
Advisory Board shall not be subject to review or approval by
any officer of the Federal Government. Nothing in this title
shall be construed to authorize the International Advisory
Board to mandate, direct, or control an institution of higher
education's specific instructional content, curriculum, or
program of instruction or instructor. The International
Advisory Board is authorized to assess a sample of activities
supported under this title, using materials that have been
submitted to the Department of Education by grant recipients
under this title, in order to provide recommendations to the
Secretary and the Congress for the improvement of programs
under the title and to ensure programs meet the purposes of
the title to promote the study of and expertise in foreign
language and world regions, especially with respect to
diplomacy, national security, and international business and
trade competitiveness. The recommendations of the
International Advisory Board may address any area in need of
improvement, except that any recommendation of specific
legislation to Congress shall be made only if the President
deems it necessary and expedient.
``(c) Membership.--
``(1) Appointment.--The International Advisory Board shall
have 7 members of whom--
``(A) 3 members shall be appointed by the Secretary;
``(B) 2 members shall be appointed by the Speaker of the
House of Representatives, upon the recommendation of the
Majority Leader and the Minority Leader; and
``(C) 2 members shall be appointed by the President pro
tempore of the Senate, upon the recommendation of the
Majority Leader and the Minority Leader.
``(2) Representation.--Two of the members appointed by the
Secretary under paragraph (1)(A) shall be appointed to
represent Federal agencies that have diplomacy, national
security, international commerce, or other international
activity responsibilities, after consultation with the heads
of such agencies. The members of the International Advisory
Board shall also include (but not be limited to) persons with
international expertise representing States, institutions of
higher education, cultural organizations, educational
organizations, international business, local education
agencies, students, and private citizens with expertise in
international concerns.
``(3) Qualification.--Members of the International Advisory
Board shall be individuals who have technical qualifications,
professional standing, experience working in international
affairs or foreign service or international business
occupations, or demonstrated knowledge in the fields of
higher education and international education, including
foreign languages, world regions, or international affairs.
``(d) Functions of the International Advisory Board.--
``(1) In general.--The International Advisory Board shall
provide recommendations in accordance with subsection (b)
regarding improvement of programs under this title to the
Secretary and the Congress for their review. The
International Advisory Board may--
``(A) review and comment upon the regulations for grants
under this title;
``(B) assess a sample of activities supported under this
title based on the purposes and objectives of this title,
using materials that have been submitted to the Department of
Education by grant recipients under this title, in order to
provide recommendations for improvement of the programs under
this title;
``(C) make recommendations that will assist the Secretary
and the Congress to improve the programs under this title to
better reflect the national needs related to foreign
languages, world regions, diplomacy, national security, and
international business and trade competitiveness, including
an assessment of the national needs and the training provided
by the institutions of higher education that receive a grant
under this title for expert and non-expert level foreign
language training;
``(D) make recommendations to the Secretary and the
Congress regarding such studies, surveys, and analyses of
international education that will provide feedback about the
programs under this title and assure that their relative
authorized activities reflect diverse perspectives and a wide
range of views on world regions, foreign languages,
diplomacy, national security, and international business and
trade competitiveness;
``(E) make recommendations that will strengthen the
partnerships between local educational agencies, public and
private elementary and secondary education schools, and grant
recipients under this title to ensure that the research and
knowledge about world regions, foreign languages, and
international affairs is widely disseminated to local
educational agencies;
``(F) make recommendations on how institutions of higher
education that receive a grant under this title can encourage
students to serve the Nation and meet national needs in an
international affairs, international business, foreign
language, or national security capacity;
``(G) make recommendations on how linkages between
institutions of higher education and public and private
organizations that are involved in international education,
international business and trade competitiveness, language
training, and international research capacities may fulfill
the
[[Page H1254]]
manpower and information needs of United States businesses;
and
``(H) make recommendations to the Secretary and the
Congress about opportunities for underrepresented populations
in the areas of foreign language study, diplomacy,
international business and trade competitiveness, and
international economics, in order to effectively carry out
the activities of the Institute under part C.
``(2) Hearings.--The International Advisory Board shall
provide for public hearing and comment regarding the matter
contained in the recommendations described in paragraph (1),
prior to the submission of those recommendations to the
Secretary and the Congress.
``(e) Operations of the Committee.--
``(1) Terms.--Each member of the International Advisory
Board shall be appointed for a term of 3 years, except that,
of the members first appointed (A) 4 shall be appointed for a
term of 3 years, and (B) 3 shall be appointed for a term of 4
years, as designated at the time of appointment by the
Secretary. A member of the International Advisory Board may
be reappointed to successive terms on the International
Advisory Board.
``(2) Vacancies.--Any member appointed to fill a vacancy
occurring prior to the expiration of the term of a
predecessor shall be appointed only for the remainder of such
term. A member of the International Advisory Board shall,
upon the Secretary's request, continue to serve after the
expiration of a term until a successor has been appointed.
``(3) No governmental members.--Except for the members
appointed by the Secretary under subsection (c)(1)(A), no
officers or full-time employees of the Federal Government
shall serve as members of the International Advisory Board.
``(4) Meetings.--The International Advisory Board shall
meet not less than once each year. The International Advisory
Board shall hold additional meetings at the call of the Chair
or upon the written request of not less than 3 voting members
of the International Advisory Board.
``(5) Quorum.--A majority of the voting members of the
International Advisory Board serving at the time of a meeting
shall constitute a quorum.
``(6) Chair.--The International Advisory Board shall elect
a Chairman or Chairwoman from among the members of the
International Advisory Board.
``(f) Submission to Department for Comment.--The
International Advisory Board shall submit its proposed
recommendations to the Secretary of Education for comment for
a period not to exceed 30 days in each instance.
``(g) Personnel and Resources.--
``(1) Compensation and expense.--Members of the
International Advisory Board shall serve without pay for such
service. Members of the International Advisory Board who are
officers or employees of the United States may not receive
additional pay, allowances, or benefits by reason of their
service on the International Advisory Board. Members of the
International Advisory Board may each receive reimbursement
for travel expenses incident to attending International
Advisory Board meetings, including per diem in lieu of
subsistence, as authorized by section 5703 of title 5, United
States Code, for persons in the Government service employed
intermittently.
``(2) Personnel.--The International Advisory Board may
appoint such personnel as may be determined necessary by the
Chairman without regard to the provisions of title 5, United
States Code, governing appointments in the competitive
service, and may be paid without regard to the provisions of
chapter 51 and subchapter III of chapter 53 of such title
relating to classification and General Schedule pay rates,
but no individual so appointed shall be paid in excess of the
maximum rate payable under section 5376 of such title. The
International Advisory Board may appoint not more than one
full-time equivalent, nonpermanent, consultant without regard
to the provisions of title 5, United States Code. The
International Advisory Board shall not be required by the
Secretary to reduce personnel to meet agency personnel
reduction goals.
``(3) Consultation.--In carrying out its duties under the
Act, the International Advisory Board shall consult with
other Federal agencies, representatives of State and local
governments, and private organizations to the extent
feasible.
``(4) Assistance from other agencies.--
``(A) Information.--The International Advisory Board is
authorized to secure directly from any executive department,
bureau, agency, board, commission, office, independent
establishment, or instrumentality information, suggestions,
estimates, and statistics for the purpose of this section and
each such department, bureau, agency, board, commission,
office, independent establishment, or instrumentality is
authorized and directed, to the extent permitted by law, to
furnish such information, suggestions, estimates, and
statistics directly to the International Advisory Board, upon
request made by the Chairman for the purpose of providing
expertise in the area of national needs for the proficiency
in world regions, foreign languages, and international
affairs.
``(B) Services and personnel.--The head of each Federal
agency shall, to the extent not prohibited by law, consult
with the International Advisory Board in carrying out this
section. The International Advisory Board is authorized to
utilize, with their consent, the services, personnel,
information, and facilities of other Federal, State, local,
and private agencies with or without reimbursement, for the
purpose of providing expertise in the area of national needs
for the proficiency in world regions, foreign languages, and
international affairs.
``(5) Contracts; experts and consultants.--The
International Advisory Board may enter into contracts for the
acquisition of information, suggestions, estimates, and
statistics for the purpose of this section. The International
Advisory Board is authorized to obtain the services of
experts and consultants without regard to section 3109 of
title 5, United States Code and to set pay in accordance with
such section.
``(h) Termination.--Notwithstanding the sunset and charter
provisions of the Federal Advisory Committee Act (5 U.S.C.
App. I) or any other statute or regulation, the International
Advisory Board shall be authorized through September 30,
2012.
``(i) Funds.--The Secretary shall use not more than one-
half of the funds available to the Secretary under section
632 to carry out this section.''.
SEC. 606. RECRUITER ACCESS TO STUDENTS AND STUDENT RECRUITING
INFORMATION; SAFETY.
Part D of title VI is amended by inserting after section
633 (as added by section 605) the following new sections:
``SEC. 634. RECRUITER ACCESS TO STUDENTS AND STUDENT
RECRUITING INFORMATION.
``Each institution of higher education that receives a
grant under this title shall assure that--
``(1) recruiters of the United States Government and
agencies thereof are given the same access to students as is
provided generally to other institutions of higher education
and prospective employers of those students for the purpose
of recruiting for graduate opportunities or prospective
employment; and
``(2) no undue restrictions are placed upon students that
seek employment with the United States Government or any
agency thereof.
``SEC. 635. STUDENT SAFETY.
``Applicants seeking funds under this title to support
student travel and study abroad shall submit as part of their
grant application a description of safety policies and
procedures for students participating in the program while
abroad.''.
SEC. 607. NATIONAL STUDY OF FOREIGN LANGUAGE HERITAGE
COMMUNITIES.
Part D of title VI is further amended by inserting after
section 635 (as added by section 606) the following new
section:
``SEC. 636. NATIONAL STUDY OF FOREIGN LANGUAGE HERITAGE
COMMUNITIES.
``(a) Study.--The Secretary of Education, in consultation
with the International Advisory Board, shall conduct a study
to identify foreign language heritage communities,
particularly such communities that include speakers of
languages that are critical to the national security of the
United States.
``(b) Foreign Language Heritage Community.--For purposes of
this section, the term `foreign language heritage community'
means a community of residents or citizens of the United
States who are native speakers of, or who have partial
fluency in, a foreign language.
``(c) Report.--Not later than one year after the date of
the enactment of this Act, the Secretary of Education shall
submit a report to the Congress on the results of the study
conducted under this section.''.
TITLE VII--TITLE VII AMENDMENTS
SEC. 701. JAVITS FELLOWSHIP PROGRAM.
(a) Authority and Timing of Awards.--Section 701(a) (20
U.S.C. 1132a(a)) is amended by inserting after the second
sentence the following: ``For purposes of the exception in
the preceding sentence, a master's degree in fine arts shall
be considered a terminal degree.''.
(b) Interruptions of Study.--Section 701(c) (20 U.S.C.
1134(c)) is amended by adding at the end the following new
sentence: ``In the case of other exceptional circumstances,
such as active duty military service or personal or family
member illness, the institution of higher education may also
permit the fellowship recipient to interrupt periods of study
for the duration of the tour of duty (in the case of military
service) or not more than 12 months (in any other case), but
without payment of the stipend.''.
(c) Allocation of Fellowships.--Section 702(a)(1) (20
U.S.C. 1134a(a)(1)) is amended--
(1) in the first sentence, by inserting ``from diverse
geographic regions'' after ``higher education''; and
(2) by adding at the end the following new sentence: ``The
Secretary shall also assure that at least one representative
appointed to the Board represents an institution that is
eligible for a grant under title III or V of this Act.''.
(d) Stipends.--Section 703 (20 U.S.C. 1134b(a)) is
amended--
(1) in subsection (a)--
(A) by striking ``1999-2000'' and inserting ``2006-2007'';
(B) by striking ``shall be set'' and inserting ``may be
set''; and
(C) by striking ``Foundation graduate fellowships'' and
inserting ``Foundation Graduate Research Fellowship Program
on February 1 of such academic year''; and
(2) in subsection (b), by amending paragraph (1)(A) to read
as follows:
``(1) In general.--(A) The Secretary shall (in addition to
stipends paid to individuals
[[Page H1255]]
under this subpart) pay to the institution of higher
education, for each individual awarded a fellowship under
this subpart at such institution, an institutional allowance.
Except as provided in subparagraph (B), such allowance shall
be, for 2006-2007 and succeeding academic years, the same
amount as the institutional payment made for 2005-2006
adjusted for 2006-2007 and annually thereafter in accordance
with inflation as determined by the Department of Labor's
Consumer Price Index for All Urban Consumers for the previous
calendar year.''.
(e) Authorization of Appropriations.--Section 705 (20
U.S.C. 1134d) is amended by striking ``fiscal year 1999 and
such sums as may be necessary for each of the 4 succeeding
fiscal years'' and inserting ``fiscal year 2006 and such sums
as may be necessary for each of the 5 succeeding fiscal
years''.
SEC. 702. GRADUATE ASSISTANCE IN AREAS OF NATIONAL NEED.
(a) Designation of Areas of National Need; Priority.--
Section 712 (20 U.S.C. 1135a) is amended--
(1) in the last sentence of subsection (b)--
(A) by striking ``and an assessment'' and inserting ``an
assessment''; and
(B) by inserting before the period at the end the
following: ``, and the priority described in subsection (c)
of this section''; and
(2) by adding at the end the following new subsection:
``(c) Priority.--The Secretary shall establish a priority
for grants in order to prepare individuals for the
professoriate who will train highly-qualified elementary and
secondary math and science teachers, special education
teachers, and teachers who provide instruction for limited
English proficient individuals. Such grants shall offer
program assistance and graduate fellowships for--
``(1) post-baccalaureate study related to teacher
preparation and pedagogy in math and science for students who
have completed a master's degree or are pursuing a doctorate
of philosophy in math and science;
``(2) post-baccalaureate study related to teacher
preparation and pedagogy in special education and English
language acquisition and academic proficiency for limited
English proficient individuals; and
``(3) support of dissertation research in the fields of
math, science, special education, or second language pedagogy
and second language acquisition.''.
(b) Collaboration Required for Certain Applications.--
Section 713(b) (20 U.S.C. 1135b) is amended--
(1) by striking ``and'' at the end of paragraph (9);
(2) by redesignating paragraph (10) as paragraph (11); and
(3) by inserting after paragraph (9) the following new
paragraph:
``(10) in the case of an application for a grant by a
department, program, or unit in education or teacher
preparation, contain assurances that such department,
program, or unit collaborates with departments, programs, or
units in all content areas to assure a successful combination
of training in both teaching and such content; and''.
(c) Stipends.--Section 714(b) (20 U.S.C. 1135c(b)) is
amended--
(1) by striking ``1999-2000'' and inserting ``2006-2007'';
(2) by striking ``shall be set'' and inserting ``may be
set''; and
(3) by striking ``Foundation graduate fellowships'' and
inserting ``Foundation Graduate Research Fellowship Program
on February 1 of such academic year''.
(d) Additional Assistance.--Section 715(a)(1) (20 U.S.C.
1135d(a)(1)) is amended--
(1) by striking ``1999-2000'' and inserting ``2006-2007'';
(2) by striking ``1998-1999'' and inserting ``2005-2006'';
and
(3) by inserting ``for All Urban Consumers'' after ``Price
Index''.
(e) Authorization of Appropriations.--Section 716 (20
U.S.C. 1135e) is amended by striking ``fiscal year 1999 and
such sums as may be necessary for each of the 4 succeeding
fiscal years'' and inserting ``fiscal year 2006 and such sums
as may be necessary for each of the 5 succeeding fiscal
years''.
(f) Technical Amendments.--Section 714(c) (20 U.S.C.
1135c(c)) is amended--
(1) by striking ``section 716(a)'' and inserting ``section
715(a)''; and
(2) by striking ``section 714(b)(2)'' and inserting
``section 713(b)(2)''.
SEC. 703. THURGOOD MARSHALL LEGAL EDUCATIONAL OPPORTUNITY
PROGRAM.
(a) Contract and Grant Purposes.--Section 721(c) (20 U.S.C.
1136(c)) is amended--
(1) by amending paragraph (2) to read as follows:
``(2) to prepare such students for study at accredited law
schools and assist them with the development of analytical
skills and study methods to enhance their success and promote
completion of law school;'';
(2) by striking ``and'' at the end of paragraph (4);
(3) by striking the period at the end of paragraph (5) and
inserting ``; and''; and
(4) by adding at the end the following new paragraph:
``(6) to award Thurgood Marshall Fellowships to eligible
law school students--
``(A) who participated in summer institutes authorized by
subsection (d) and who are enrolled in an accredited law
school; or
``(B) who are eligible law school students who have
successfully completed a comparable summer institute program
certified by the Council on Legal Educational Opportunity.''.
(b) Services Provided.--Section 721(d)(1)(D) (20 U.S.C.
1136(d)(1)(D)) is amended by inserting ``in analytical skills
and study methods'' after ``courses''.
(c) Authorization of Appropriations.--Section 721(h) (20
U.S.C. 1136(h)) is amended by striking ``1999 and each of the
4 succeeding fiscal years'' and inserting ``2006 and each of
the 5 succeeding fiscal years''.
(d) General Provisions.--Subsection (e) of section 731 (20
U.S.C. 1137(e)) is repealed.
SEC. 704. FUND FOR THE IMPROVEMENT OF POSTSECONDARY
EDUCATION.
(a) Contract and Grant Purposes.--Section 741(a) (20 U.S.C.
1138(a)) is amended--
(1) by amending paragraph (1) to read as follows:
``(1) the encouragement of the reform and improvement of,
and innovation in, postsecondary education and the provision
of educational opportunity for all, especially for the non-
traditional student populations;'';
(2) in paragraph (2), by inserting before the semicolon at
the end the following: ``for postsecondary students,
especially institutions, programs, and joint efforts that
provide academic credit for programs'';
(3) by amending paragraph (3) to read as follows:
``(3) the establishment of institutions and programs based
on the technology of communications, including delivery by
distance education;'';
(4) by amending paragraph (6) to read as follows:
``(6) the introduction of institutional reforms designed to
expand individual opportunities for entering and reentering
postsecondary institutions and pursuing programs of
postsecondary study tailored to individual needs;'';
(5) by striking ``and'' at the end of paragraph (7);
(6) by striking the period at the end of paragraph (8) and
inserting a semicolon; and
(7) by adding at the end the following new paragraphs:
``(9) the provision of support and assistance to programs
implementing integrated education reform services in order to
improve secondary school graduation and college attendance
and completion rates for disadvantaged students, and to
programs that reduce postsecondary remediation rates, and
improve degree attainment rates, for low-income students and
former high school dropouts; and
``(10) the assessment, in partnership with a public or
private nonprofit institution or agency, of the performance
of teacher preparation programs within institutions of higher
education in a State, using an assessment which provides
comparisons across such schools within the State based upon
indicators including teacher candidate knowledge in subject
areas in which such candidate has been prepared to teach. ''.
(b) Prohibition.--Section 741 (20 U.S.C. 1138) is further
amended by adding at the end the following new subsection:
``(c) Prohibition.--No funds made available under this part
may be used to provide financial assistance to students who
do not meet the requirements of section 484(a)(5).''.
(c) Areas of National Need.--Section 744(c) (20 U.S.C.
1138c(c)) is amended--
(1) by amending paragraph (2) to read as follows:
``(2)(A) Development of partnerships between local
educational agencies and institutions of higher education to
establish or expand existing dual enrollment programs at
institutions of higher education that allow high school
students to earn high school and transferable college credit.
``(B) Development of consortia of institutions of higher
education to create dual enrollment programs including
academic and student support agreements and comprehensive
articulation agreements that would allow for the seamless and
timeless acquisition of college credits and the transfer of
postsecondary academic credits between such institutions,
particularly from 2-year to 4-year institutions of higher
education.''; and
(2) by striking paragraph (4) and inserting the following:
``(4) International cooperation, partnerships, or student
exchange among postsecondary educational institutions in the
United States and abroad.
``(5) Establishment of academic programs including graduate
and undergraduate courses, seminars and lectures, support of
research, and development of teaching materials for the
purpose of supporting faculty and academic programs that
teach traditional American history (including significant
constitutional, political, intellectual, economic,
diplomatic, and foreign policy trends, issues, and documents;
the history, nature, and development of democratic
institutions of which American democracy is a part; and
significant events and individuals in the history of the
United States).
``(6) Support for planning, applied research, training,
resource exchanges or technology transfers, the delivery of
services, or other activities the purpose of which is to
design and implement programs to enable institutions of
higher education to work with private and civic organizations
to assist communities to meet and address their pressing and
severe problems, including economic development, community
infrastructure and housing, crime prevention, education,
healthcare, self-sufficiency, and workforce preparation. Such
activities may include support for the development of
coordinated
[[Page H1256]]
curriculum and internship opportunities for students in
disadvantaged communities.''.
(d) Authorization of Appropriations.--Section 745 (20
U.S.C. 1138d) is amended by striking ``$30,000,000 for fiscal
year 1999 and such sums as may be necessary for each of the 4
succeeding fiscal years'' and inserting ``$40,000,000 for
fiscal year 2006 and such sums as may be necessary for each
of the 5 succeeding fiscal years'' .
SEC. 705. URBAN COMMUNITY SERVICE.
Part C of title VII (20 U.S.C. 1139 et seq.) is repealed.
SEC. 706. DEMONSTRATION PROJECTS TO ENSURE STUDENTS WITH
DISABILITIES RECEIVE A QUALITY HIGHER
EDUCATION.
(a) Serving All Students With Disabilities.--Section 762(a)
(20 U.S.C. 1140a(a)) is amended by striking ``students with
learning disabilities'' and inserting ``students with
disabilities''.
(b) Authorized Activities.--
(1) Amendment.--Section 762(b)(2) is amended--
(A) in subparagraph (A), by inserting ``in order to improve
retention and completion'' after ``disabilities'';
(B) by redesignating subparagraphs (B) and (C) as
subparagraphs (C) and (E), respectively;
(C) by inserting after subparagraph (A) the following new
subparagraph:
``(B) Effective transition practices.--The development of
innovative, effective, and efficient teaching methods and
strategies to ensure the smooth transition of students with
disabilities from high school to postsecondary education.'';
and
(D) by inserting after subparagraph (C) (as redesignated by
subparagraph (B) of this paragraph) the following new
subparagraph:
``(D) Distance learning.--The development of innovative,
effective, and efficient teaching methods and strategies to
provide faculty and administrators with the ability to
provide accessible distance education programs or classes
that would enhance access of students with disabilities to
higher education, including the use of electronic
communication for instruction and advisement.''.
(2) Conforming amendment.--Section 762(b)(3) is amended by
striking ``subparagraphs (A) through (C)'' and inserting
``subparagraphs (A) through (E)''.
(c) Applications.--Section 763 (20 U.S.C. 1140b) is
amended--
(1) by amending paragraph (1) to read as follows:
``(1) a description of how such institution plans to
address the activities allowed under this part;'';
(2) by striking ``and'' at the end of paragraph (2);
(3) by striking the period at the end of paragraph (3) and
inserting ``; and''; and
(4) by adding at the end the following new paragraph:
``(4) a description of the extent to which an institution
will work to replicate the best practices of institutions of
higher education with demonstrated success in serving
students with disabilities.''.
(d) Authorization of Appropriations.--Section 765 (20
U.S.C. 1140d) is amended by striking ``fiscal year 1999 and
such sums as may be necessary for each of the 4 succeeding
fiscal years'' and inserting ``fiscal year 2006 and such sums
as may be necessary for each of the 5 succeeding fiscal
years''.
TITLE VIII--CLERICAL AMENDMENTS
SEC. 801. CLERICAL AMENDMENTS.
(a) Definition.--Section 103 (20 U.S.C. 1003) (as amended
by section 102) is further amended--
(1) by redesignating paragraphs (1) through (16) as
paragraphs (2) through (17), respectively; and
(2) by inserting before paragraph (2) (as so redesignated)
the following new paragraph:
``(1) Authorizing committees.--The term `authorizing
committees' means the Committee on Health, Education, Labor,
and Pensions of the Senate and the Committee on Education and
the Workforce of the House of Representatives.''.
(b) Committees.--
(1) The following provisions are each amended by striking
``Committee on Labor and Human Resources of the Senate and
the Committee on Education and the Workforce of the House of
Representatives'' and inserting ``authorizing committees'':
(A) Section 428(g) (20 U.S.C. 1078(g)).
(B) Section 428A(c)(2) (20 U.S.C. 1078-1(c)(2)).
(C) Section 428A(c)(5) (20 U.S.C. 1078-1(c)(5)).
(D) Section 455(b)(7)(B) (20 U.S.C. 1087e(b)(7)(B)), as
redesignated by section 423(b)(3).
(E) Section 483(c) (20 U.S.C. 1090(c)).
(F) Section 486(e) (20 U.S.C. 1093(e)).
(G) Section 486(f)(3)(A) (20 U.S.C. 1093(f)(3)(A)).
(H) Section 486(f)(3)(B) (20 U.S.C. 1093(f)(3)(B)).
(I) Section 487A(a)(5) (20 U.S.C. 1094a(a)(5)).
(J) Section 487A(b)(2) (20 U.S.C. 1094a(b)(2)).
(K) Section 487A(b)(3)(B) (20 U.S.C. 1094a(b)(3)(B)).
(L) Section 498B(d)(1) (20 U.S.C. 1099c-2(d)(1)).
(M) Section 498B(d)(2) (20 U.S.C. 1099c-2(d)(2)).
(2) The following provisions are each amended by striking
``Committee on Education and the Workforce of the House of
Representatives and the Committee on Labor and Human
Resources of the Senate'' and inserting ``authorizing
committees'':
(A) Section 141(d)(4)(B) (20 U.S.C. 1018(d)(4)(B)).
(B) Section 428(n)(4) (20 U.S.C. 1078(n)(4)).
(C) Section 437(c)(1) (20 U.S.C. 1087(c)(1)).
(D) Section 485(f)(5)(A) (20 U.S.C. 1092(f)(5)(A)).
(E) Section 485(g)(4)(B) (20 U.S.C. 1092(g)(4)(B)).
(3) Section 401(f)(3) (20 U.S.C. 1070a(f)(3)) is amended by
striking ``Committee on Appropriations and the Committee on
Labor and Human Resources of the Senate and the Committee on
Appropriations and the Committee on Education and the
Workforce of the House of Representatives'' and inserting
``Committees on Appropriations of the Senate and House of
Representatives and the authorizing committees''.
(4) Section 428(c)(9)(K) (20 U.S.C. 1078(c)(9)(K)) is
amended by striking ``House Committee on Education and the
Workforce and the Senate Committee on Labor and Human
Resources'' and inserting ``authorizing committees''.
(5) Section 432(f)(1)(C) (20 U.S.C. 1082(f)(1)(C)) is
amended by striking ``Committee on Education and the
Workforce of the House of Representatives or the Committee on
Labor and Human Resources of the Senate'' and inserting
``either of the authorizing committees''.
(6) Section 439(d)(1)(E)(iii) (20 U.S.C. 1087-
2(d)(1)(E)(iii)) is amended by striking ``Chairman and the
Ranking Member on the Committee on Labor and Human Resources
of the Senate and the Chairman and the Ranking Member of the
Committee on Education and Labor of the House of
Representatives'' and inserting ``chairpersons and ranking
minority members of the authorizing committees''.
(7) Paragraphs (3) and (8)(C) of section 439(r) (20 U.S.C.
1087-2(r)) are each amended by striking ``Chairman and
ranking minority member of the Committee on Labor and Human
Resources of the Senate, the Chairman and ranking minority
member of the Committee on Education and Labor of the House
of Representatives,'' and inserting ``chairpersons and
ranking minority members of the authorizing committees''.
(8) Paragraphs (5)(B) and (10) of section 439(r) (20 U.S.C.
1087-2(r)) are each amended by striking ``Chairman and
ranking minority member of the Senate Committee on Labor and
Human Resources and to the Chairman and ranking minority
member of the House Committee on Education and Labor'' and
inserting ``chairpersons and ranking minority members of the
authorizing committees''.
(9) Section 439(r)(6)(B) (20 U.S.C. 1087-2(r)(6)(B)) is
amended by striking ``Chairman and ranking minority member of
the Committee on Labor and Human Resources of the Senate and
to the Chairman and ranking minority member of the Committee
on Education and Labor of the House of Representatives'' and
inserting ``chairpersons and ranking minority members of the
authorizing committees''.
(10) Section 439(s)(2)(A) (20 U.S.C. 1087-2(s)(2)(A)) is
amended by striking ``Chairman and Ranking Member of the
Committee on Labor and Human Resources of the Senate and the
Chairman and Ranking Member of the Committee on Economic and
Educational Opportunities of the House of Representatives''
and inserting ``chairpersons and ranking minority members of
the authorizing committees''.
(11) Section 439(s)(2)(B) (20 U.S.C. 1087-2(s)(2)(B)) is
amended by striking ``Chairman and Ranking Minority Member of
the Committee on Labor and Human Resources of the Senate and
Chairman and Ranking Minority Member of the Committee on
Economic and Educational Opportunities of the House of
Representatives'' and inserting ``chairpersons and ranking
minority members of the authorizing committees''.
(12) Section 482(d) (20 U.S.C. 1089(d)) is amended by
striking ``Committee on Labor and Human Resources of the
Senate and the Committee on Education and Labor of the House
of Representatives'' and inserting ``authorizing
committees''.
(c) Additional Clerical Amendments.--
(1) Clauses (i) and (ii) of section 425(a)(2)(A) (20 U.S.C.
1075(a)(2)(A)) are each amended by striking ``428A or 428B''
and inserting ``428B or 428H''.
(2) Section 428(a)(2)(E) (20 U.S.C. 1078(a)(2)(E)) is
amended by striking ``428A or''.
(3) Clauses (i) and (ii) of section 428(b)(1)(B) (20 U.S.C.
1078(b)(1)(B)) are each amended by striking ``428A or 428B''
and inserting ``428B or 428H''.
(4) Section 428(b)(1)(Q) (20 U.S.C. 1078(b)(1)(Q)) is
amended by striking ``sections 428A and 428B'' and inserting
``section 428B or 428H''.
(5) Section 428(b)(7)(C) (20 U.S.C. 1078(b)(7)(C)) is
amended by striking ``428A, 428B,'' and inserting ``428B''.
(6) Section 428G(c)(2) (20 U.S.C. 1078-7(c)(2)) is amended
by striking ``428A'' and inserting ``428H''.
(7) The heading for section 433(e) (20 U.S.C. 1083(e)) is
amended by striking ``SLS Loans And''.
(8) Section 433(e) (20 U.S.C. 1083(e)) is amended by
striking ``428A, 428B,'' and inserting ``428B''.
(9) Section 435(a)(3) (20 U.S.C. 1085(a)(3)) is amended--
(A) by inserting ``or'' at the end of subparagraph (A);
(B) by striking subparagraph (B); and
[[Page H1257]]
(C) by redesignating subparagraph (C) as subparagraph (B).
(10) Section 435(d)(1)(G) (20 U.S.C. 1085(d)(1)(G)) is
amended by striking ``428A(d), 428B(d), 428C,'' and inserting
``428B(d), 428C, 428H,''.
(11) Section 435(m) (20 U.S.C. 1085(m)) is amended--
(A) in paragraph (1)(A), by striking ``, 428A,''; and
(B) in paragraph (2)(D), by striking ``428A'' each place it
appears and inserting ``428H''.
(12) Section 438(b)(2)(D)(ii) (20 U.S.C. 1087-
1(b)(2)(D)(ii)) is amended by striking ``division (i) of this
subparagraph'' and inserting ``clause (i) of this
subparagraph''.
(13) Section 438(c)(6) (20 U.S.C. 1087-1(c)(6)) is
amended--
(A) by striking ``Sls and plus'' in the heading and
inserting ``Plus''; and
(B) by striking ``428A or''.
(14) Section 438(c)(7) (20 U.S.C. 1087-1(c)(7)) is amended
by striking ``428A or''.
(15) Nothing in the amendments made by this subsection
shall be construed to alter the terms, conditions, and
benefits applicable to Federal supplemental loans for
students (``SLS loans'') under section 428A as in effect
prior to July 1, 1994 (20 U.S.C. 1078-1).
TITLE IX--AMENDMENTS TO OTHER EDUCATION LAWS
PART A--EDUCATION OF THE DEAF ACT OF 1986
SEC. 901. LAURENT CLERC NATIONAL DEAF EDUCATION CENTER.
(a) General Authority.--Section 104(a)(1)(A) of the
Education of the Deaf Act of 1986 (20 U.S.C. 4304(a)(1)(A))
is amended by inserting after ``maintain and operate'' the
following: ``, at the Laurent Clerc National Deaf Education
Center,''.
(b) Administrative Requirements.--
(1) In general.--Section 104(b) of the Education of the
Deaf Act of 1986 (20 U.S.C. 4304(b)) is amended--
(A) in the matter preceding subparagraph (A) of paragraph
(1), by striking ``elementary and secondary education
programs'' and inserting ``Laurent Clerc National Deaf
Education Center''; and
(B) in paragraph (2), by striking ``elementary and
secondary education programs'' and inserting ``Laurent Clerc
National Deaf Education Center''.
(2) Academic content standards, achievement standards, and
assessments.--Section 104(b) of the Education of the Deaf Act
of 1986 (20 U.S.C. 4304(b)) is amended by adding at the end
the following new paragraph:
``(5) The University, in consultation with the Secretary
and consistent with the mission of the elementary and
secondary programs operated at the Laurent Clerc National
Deaf Education Center, shall--
``(A) not later than the beginning of the 2007-2008 school
year, adopt and implement academic content standards,
academic achievement standards, and academic assessments as
described in paragraphs (1) and (3) of section 1111(b) of the
Elementary and Secondary Education Act of 1965 for such
Center;
``(B) develop adequate yearly progress standards for such
Center as described in section 1111(b)(2)(C) of such Act; and
``(C) publicly report the results of such assessments,
except in such case in which such reporting would not yield
statistically reliable information or would reveal personally
identifiable information about an individual student.''.
SEC. 902. AUTHORITY.
Section 111 of the Education of the Deaf Act of 1986 (20
U.S.C. 4331) is amended by striking ``the institution of
higher education with which the Secretary has an agreement
under this part'' and inserting ``the Rochester Institute of
Technology''.
SEC. 903. AGREEMENT FOR THE NATIONAL TECHNICAL INSTITUTE FOR
THE DEAF.
(a) General Authority.--Section 112(a) of the Education of
the Deaf Act of 1986 (20 U.S.C. 4332(a)) is amended--
(1) in paragraph (1)--
(A) in the first sentence--
(i) by striking ``an institution of higher education'' and
inserting ``the Rochester Institute of Technology, Rochester,
New York,''; and
(ii) by striking ``of a'' and inserting ``of the''; and
(B) by striking the second sentence; and
(2) in paragraph (2)--
(A) in the matter preceding subparagraph (A), by striking
``the institution of higher education with which the
Secretary has an agreement under this section'' and inserting
``the Rochester Institute of Technology''; and
(B) in subparagraph (B), by striking ``the institution''
and inserting ``the Rochester Institute of Technology''.
(b) Provisions of Agreement.--Section 112(b) of the
Education of the Deaf Act of 1986 (20 U.S.C. 4332(b)) is
amended--
(1) in paragraph (2), by striking ``or other governing body
of the institution'' and inserting ``of the Rochester
Institute of Technology''; and
(2) in paragraph (3)--
(A) by striking ``or other governing body of the
institution'' and inserting ``of the Rochester Institute of
Technology'';
(B) by striking ``the institution of higher education under
the agreement with the Secretary'' and inserting ``the
Rochester Institute of Technology by the National Technical
Institute for the Deaf''; and
(C) by striking ``Committee on Education and Labor of the
House of Representatives and to the Committee on Labor and
Human Resources of the Senate'' and inserting ``Committee on
Education and the Workforce of the House of Representatives
and to the Committee on Health, Education, Labor, and
Pensions of the Senate''.
(c) Limitation.--Section 112(c) of the Education of the
Deaf Act of 1986 (20 U.S.C. 4332(c)) is amended in paragraphs
(1) and (2) by striking ``institution'' each place it appears
and inserting ``Rochester Institute of Technology''.
SEC. 904. DEFINITIONS.
Section 201 of the Education of the Deaf Act of 1986 (20
U.S.C. 4351) is amended--
(1) by striking paragraph (3);
(2) by redesignating paragraphs (4) through (7) as
paragraphs (3) through (6), respectively; and
(3) by adding at the end the following new paragraph:
``(7) The term `RIT' means the Rochester Institute of
Technology.''.
SEC. 905. AUDIT.
(a) Government Accountability Office Authority.--Section
203(a) of the Education of the Deaf Act of 1986 (20 U.S.C.
4353(a)) is amended--
(1) in the heading, by striking ``General Accounting
Office'' and inserting ``Government Accountability Office'';
and
(2) in the matter following paragraph (2), by striking
``General Accounting Office'' and inserting ``Government
Accountability Office''.
(b) Independent Financial and Compliance Audit.--Section
203(b)(1) of the Education of the Deaf Act of 1986 (20 U.S.C.
4353(b)(1)) is amended by striking the second sentence and
inserting the following: ``NTID shall have an annual
independent financial and compliance audit made of RIT
programs and activities, including NTID programs and
activities.''.
(c) Compliance.--Section 203(b)(2) of the Education of the
Deaf Act of 1986 (20 U.S.C. 4353(b)(2)) is amended by
striking ``sections'' and all that follows through ``section
207'' and inserting ``sections 102(b), 105(b)(4), 112(b)(5),
203(c), 207(b)(2), subsections (c) through (f) of section
207''.
(d) Submission of Audits.--Section 203(b)(3) of the
Education of the Deaf Act of 1986 (20 U.S.C. 4353(b)(3)) is
amended--
(1) by inserting after ``Secretary'' the following: ``and
the Committee on Education and the Workforce of the House of
Representatives and the Committee on Health, Education,
Labor, and Pensions of the Senate''; and
(2) by striking ``or the institution authorized to
establish and operate the NTID under section 112(a)'' and
inserting ``or RIT''.
(e) Limitations Regarding Expenditure of Funds.--Section
203(c)(2)(A) of the Education of the Deaf Act of 1986 (20
U.S.C. 4353(c)(2)(A)) is amended in the fifth sentence by
striking ``the Committee on Education and Labor of the House
of Representatives and the Committee on Labor and Human
Resources of the Senate'' and inserting ``the Committee on
Education and the Workforce of the House of Representatives
and the Committee on Health, Education, Labor, and Pensions
of the Senate''.
SEC. 906. REPORTS.
(a) Technical Amendments.--Section 204 of the Education of
the Deaf Act of 1986 (20 U.S.C. 4354) is amended in the
matter preceding paragraph (1)--
(1) by striking ``or other governing body of the
institution of higher education with which the Secretary has
an agreement under section 112'' and inserting ``of RIT'';
and
(2) by striking ``Committee on Education and Labor of the
House of Representatives and the Committee on Labor and Human
Resources of the Senate'' and inserting ``Committee on
Education and the Workforce of the House of Representatives
and the Committee on Health, Education, Labor, and Pensions
of the Senate''.
(b) Contents of Report.--Section 204 of the Education of
the Deaf Act of 1986 (20 U.S.C. 4354) is amended--
(1) in paragraph (2)(C), by striking ``upon graduation/
completion'' and inserting ``within one year of graduation/
completion''; and
(2) in paragraph (3)(B), by striking ``of the institution
of higher education with which the Secretary has an agreement
under section 112, including specific schedules and analyses
for all NTID funds, as required under section 203'' and
inserting ``of RIT programs and activities''.
SEC. 907. LIAISON FOR EDUCATIONAL PROGRAMS.
Section 206(a) of the Education of the Deaf Act of 1986 (20
U.S.C. 4356(a)) is amended by striking ``Not later than 30
days after the date of enactment of this Act, the'' and
inserting ``The''.
SEC. 908. FEDERAL ENDOWMENT PROGRAMS FOR GALLAUDET UNIVERSITY
AND THE NATIONAL TECHNICAL INSTITUTE FOR THE
DEAF.
Section 207(a)(2) of the Education of the Deaf Act of 1986
(20 U.S.C. 4357(a)(2)) is amended by striking ``or other
governing body of the institution of higher education with
which the Secretary has an agreement under section 112'' and
inserting ``of RIT''.
SEC. 909. OVERSIGHT AND EFFECT OF AGREEMENTS.
Section 208(a) of the Education of the Deaf Act of 1986 (20
U.S.C. 4359(a)) is amended--
(1) by striking ``the institution of higher education with
which the Secretary has an agreement under part B of title
I'' and inserting ``RIT''; and
(2) by striking ``Committee on Labor and Human Resources of
the Senate and the Committee on Education and the Workforce
[[Page H1258]]
of the House of Representatives'' and inserting ``Committee
on Education and the Workforce of the House of
Representatives and the Committee on Health, Education,
Labor, and Pensions of the Senate''.
SEC. 910. AUTHORIZATION OF APPROPRIATIONS.
(a) Monitoring and Evaluation Activities.--Section 205(c)
of the Education of the Deaf Act of 1986 (20 U.S.C. 4355(c))
is amended by striking ``fiscal years 1998 through 2003'' and
inserting ``fiscal years 2006 through 2011''.
(b) Federal Endowment Programs for Gallaudet University and
the National Technical Institute for the Deaf.--Section
207(h) of the Education of the Deaf Act of 1986 (20 U.S.C.
4357(h)) is amended in paragraphs (1) and (2) by striking
``fiscal years 1998 through 2003'' each place it appears and
inserting ``fiscal years 2006 through 2011''.
(c) General Authorization of Appropriations.--Section 212
of the Education of the Deaf Act of 1986 (20 U.S.C. 4360a) is
amended--
(1) in the matter preceding paragraph (1) in subsection
(a), by striking ``fiscal years 1998 through 2003'' and
inserting ``fiscal years 2006 through 2011''; and
(2) in subsection (b), by striking ``fiscal years 1998
through 2003'' and inserting ``fiscal years 2006 through
2011''.
(d) Short Title.--
(1) In general.--The Education of the Deaf Act of 1986 (20
U.S.C. 4301 note) is amended by striking the matter preceding
title I and inserting the following:
``SEC. 1. SHORT TITLE.
``This Act may be cited as the `Gallaudet University and
National Technical Institute for the Deaf Act'.''.
(2) Other references.-- Any reference in a law, regulation,
document, or other record of the United States to the
Education of the Deaf Act of 1986 shall be deemed to be a
reference to the Gallaudet University and National Technical
Institute for the Deaf Act.
PART B--ADDITIONAL EDUCATION LAWS
SEC. 921. CANCELLATION OF STUDENT LOAN INDEBTEDNESS FOR
SURVIVORS OF VICTIMS OF THE SEPTEMBER 11, 2001,
ATTACKS.
(a) Definitions.--For purposes of this section:
(1) Eligible public servant.--The term ``eligible public
sesrvant'' means an individual who, as determined in
accordance with regulations of the Secretary--
(A) served as a police officer, firefighter, other safety
or rescue personnel, or as a member of the Armed Forces; and
(B) died (or dies) or became (or becomes) permanently and
totally disabled due to injuries suffered in the terrorist
attack on September 11, 2001.
(2) Eligible victim.--The term ``eligible victim'' means an
individual who, as determined in accordance with regulations
of the Secretary, died (or dies) or became (or becomes)
permanently and totally disabled due to injuries suffered in
the terrorist attack on September 11, 2001.
(3) Eligible parent.--The term ``eligible parent'' means
the parent of an eligible victim if--
(A) the parent owes a Federal student loan that is a
consolidation loan that was used to repay a PLUS loan
incurred on behalf of such eligible victim; or
(B) the parent owes a Federal student loan that is a PLUS
loan incurred on behalf of an eligible victim.
(4) Secretary.--The term ``Secretary'' means the Secretary
of Education.
(5) Federal student loan.--The term ``Federal student
loan'' means any loan made, insured, or guaranteed under part
B, D, or E of title IV of the Higher Education Act of 1965.
(b) Relief From Indebtedness.--
(1) In general.--The Secretary shall provide for the
discharge or cancellation of--
(A) the Federal student loan indebtedness of the spouse of
an eligible public servant, as determined in accordance with
regulations of the Secretary, including any consolidation
loan that was used jointly by the eligible public servant and
his or her spouse to repay the Federal student loans of the
spouse and the eligible public servant;
(B) the portion incurred on behalf of the eligible victim
(other than an eligible public servant), of a Federal student
loan that is a consolidation loan that was used jointly by
the eligible victim and his or her spouse, as determined in
accordance with regulations of the Secretary, to repay the
Federal student loans of the eligible victim and his or her
spouse;
(C) the portion of the consolidation loan indebtedness of
an eligible parent that was incurred on behalf of an eligible
victim; and
(D) the PLUS loan indebtedness of an eligible parent that
was incurred on behalf of an eligible victim.
(2) Method of discharge or cancellation.--A loan required
to be discharged or canceled under paragraph (1) shall be
discharged or canceled by the method used under section
437(a), 455(a)(1), or 464(c)(1)(F) of the Higher Education
Act of 1965 (20 U.S.C. 1087(a), 1087e(a)(1),
1087dd(c)(1)(F)), whichever is applicable to such loan.
(c) Facilitation of Claims.--The Secretary shall--
(1) establish procedures for the filing of applications for
discharge or cancellation under this section by regulations
that shall be prescribed and published within 90 days after
the date of enactment of this Act and without regard to the
requirements of section 553 of title 5, United States Code;
and
(2) take such actions as may be necessary to publicize the
availability of discharge or cancellation of Federal student
loan indebtedness under this section.
(d) Availability of Funds for Payments.--Funds available
for the purposes of making payments to lenders in accordance
with section 437(a) for the discharge of indebtedness of
deceased or disabled individuals shall be available for
making payments under section 437(a) to lenders of loans as
required by this section.
(e) Applicable to Outstanding Debt.--The provisions of this
section shall be applied to discharge or cancel only Federal
student loans (including consolidation loans) on which
amounts were owed on September 11, 2001. Nothing in this
section shall be construed to authorize any refunding of any
repayment of a loan.
SEC. 922. AMENDMENT TO HIGHER EDUCATION AMENDMENTS OF 1998.
(a) Repeals of Expired and Executed Provisions.--The
following provisions of the Higher Education Amendments of
1998 are repealed:
(1) Study of market mechanisms in federal student loan
programs.--Section 801 (20 U.S.C. 1018 note).
(2) Study of feasibility of alternate financial instruments
for determining lender yields.--Section 802.
(3) Student related debt study.--Section 803 (20 U.S.C.
1015 note).
(4) Study of opportunities for participation in athletic
programs.--Section 805 (20 U.S.C. 1001 note).
(5) Community scholarship mobilization.--Part C of title
VIII (20 U.S.C. 1070 note).
(6) Incarcerated youth.--Part D of title VIII (20 U.S.C.
1151).
(7) Improving united states understanding of science,
engineering, and technology in east asia.--Part F of title
VIII (42 U.S.C. 1862 note).
(8) Web-based education commission.--Part J of title VIII.
(b) Extensions of Authorizations and Studies.--
(1) Transfer of credit.--Section 804(b) of such Act (20
U.S.C. 1099b note) is amended--
(A) by striking ``one year after the date of enactment of
this Act'' and inserting ``September 30, 2007''; and
(B) by inserting ``and policies of institutions of higher
education'' after ``agencies or associations''.
(2) Cohort default rate study.--Section 806 of such Act is
amended--
(A) in subsection (a), by striking ``higher education at
which less'' and inserting ``higher education. The study
shall also review the effect of cohort default rates
specifically on institutions of higher education at which
less''; and
(B) in subsection (c), by striking ``September 30, 1999,''
and inserting ``September 30, 2007,''.
(3) Violence against women.--Section 826 of such Act (20
U.S.C. 1152) is amended--
(A) in subsection (g), by striking ``for each of the fiscal
years 2001 through 2005'' and inserting ``fiscal year 2006
and each of the 5 succeeding fiscal years''; and
(B) by redesignating subsections (f) and (g) as subsections
(e) and (f), respectively.
(4) Underground railroad.--Subsection (c) of section 841
(20 U.S.C. 1153(c)) is amended to read as follows:
``(c) Authorization of Appropriations.--There are
authorized to be appropriated to carry out this section
$3,000,000 for fiscal year 2006 and such sums as may be
necessary for each of the 5 succeeding fiscal years.''.
SEC. 923. TRIBALLY CONTROLLED COLLEGE OR UNIVERSITY
ASSISTANCE ACT OF 1978.
(a) Title I Authorization.--Section 110(a) of the Tribally
Controlled Community College or University Assistance Act of
1978 (25 U.S.C. 1810(a)) is amended--
(1) by striking ``1999'' each place it appears and
inserting ``2006''; and
(2) by striking ``4 succeeding'' each place it appears and
inserting ``5 succeeding''.
(b) Title III Reauthorization.--Section 306(a) of the
Tribally Controlled Community College or University
Assistance Act of 1978 (25 U.S.C. 1836(a)) is amended--
(1) by striking ``1999'' and inserting ``2006''; and
(2) by striking ``4 succeeding'' and inserting ``5
succeeding''.
(c) Title IV Reauthorization.--Section 403 of the Tribal
Economic Development and Technology Related Education
Assistance Act of 1990 (25 U.S.C. 1852) is amended--
(1) by striking ``1999'' and inserting ``2006''; and
(2) by striking ``4 succeeding'' and inserting ``5
succeeding''.
(d) Additional Amendments.--The Tribally Controlled
Community College or University Assistance Act of 1978 is
further amended--
(1) in section 2(a)(6) (25 U.S.C. 1801(a)(6)), by striking
``in the field of Indian education'' and inserting ``in the
field of Tribal Colleges and Universities and Indian higher
education'';
(2) in section 2(b), by striking paragraph (5) and
inserting the following:
``(5) Eligible credits earned in a continuing education
program shall be determined as one credit for every 10
contact hours for institutions on a quarter system, and 15
contact hours for institutions on a semester system, of
participation in an organized continuing education experience
under responsible sponsorship, capable direction, and
[[Page H1259]]
qualified instruction, as described in the criteria
established by the International Association for Continuing
Education and Training, and may not exceed 20 percent of an
institution's total Indian student count.''; and
(3) in section 103 (25 U.S.C. 1804), by striking ``and'' at
the end of paragraph (2), by striking the period at the end
of paragraph (3) and inserting ``; and'', and by inserting
after paragraph (3) the following new paragraph:
``(4) has been accredited by a nationally recognized
accrediting agency or association determined by the Secretary
of Education to be a reliable authority as to the quality of
training offered, or is, according to such an agency or
association, making reasonable progress toward
accreditation.''.
SEC. 924. NAVAJO COMMUNITY COLLEGE ACT.
Section 5(a)(1) of the Navajo Community College Act (25
U.S.C. 640c-1(a)(1)) is amended--
(1) by striking ``1999'' and inserting ``2006''; and
(2) by striking ``4 succeeding'' and inserting ``5
succeeding''.
SEC. 925. EDUCATION AMENDMENTS OF 1992.
Section 1543(d) of the Education Amendments of 1992 (20
U.S.C. 1070 note) is amended--
(1) by striking ``1999'' and inserting ``2006''; and
(2) by striking ``4 succeeding'' and inserting ``5
succeeding''.
SEC. 926. STUDY OF STUDENT LEARNING OUTCOMES AND PUBLIC
ACCOUNTABILITY.
(a) Study Required.--The Secretary shall provide for the
conduct a study of the best practices of States in assessing
undergraduate postsecondary student learning, particularly as
such practices relate to public accountability systems.
(b) Characteristics of the Association.--Such study shall
be conducted by an association or organization with specific
expertise and knowledge in state practices and access to
necessary state officials (in this section referred to as the
``association''). The association responsible for the study
under this section shall be a national, non-partisan or bi-
partisan entity representing States or State officials with
expertise in evaluative and qualitative policy research for
best practice models, the capacity to convene experts, and to
formulate policy recommendations.
(c) Required Subjects of Study.--In performing the study,
the association shall, at a minimum, examine the following:
(1) The current status of institutional and state efforts
to embed student learning assessments into the state-level
public accountability frameworks.
(2) The extent to which there is commonality among
educators and accrediting agencies on learning standards for
the associates and bachelors degrees.
(3) The reliability, rigor, and generalizability of
available instruments to assess general education at the
undergraduate level.
(4) Roles and responsibilities for public accountability
for student learning.
(d) Consultation.--
(1) National committee.--The association shall establish
and consult with a national committee. The committee shall
meet not less than twice a year to review the research,
identify best practice models, and review recommendations.
(2) Membership.--The national advisory committee shall
consist of a representative of the Secretary of Education and
individuals with expertise in--
(A) State accountability systems;
(B) student learning assessments;
(C) student flow data;
(D) transitions between K-12 and higher education; and
(E) Federal higher education policy.
(3) Additional expertise.--The association may augment this
committee with other expertise, as appropriate.
(e) Congressional Consultation.--The association shall
consult on a regular basis with the Committee on Education
and the Workforce of the House of Representatives and the
Committee on Health Education Labor and Pensions of the
Senate in carrying out the study required by this section.
(f) Report.--The association shall, not later than two
years after the date of enactment of this Act, prepare and
submit a report on the study required by this section to the
Committee on Education and the Workforce of the House of
Representatives and the Committee on Health, Education,
Labor, and Pensions of the Senate.
SEC. 927. STUDY OF MINORITY GRADUATION RATES.
(a) Study Required.--The Secretary of Education shall--
(1) commission a national study on the decreasing numbers
of underrepresented minority males, particularly African
American males, entering and graduating from colleges and
universities; and
(2) make specific recommendations to the Congress on new
approaches to increase minority male graduation rates and the
number of minority males going into careers where the
population is underrepresented.
(b) Submission of Report.--Not later than one year after
the date of the enactment this Act, the Secretary shall
submit a report on the study required by subsection (a)(1),
together with the recommendations required by subsection
(a)(2), to the Committee on Health, Education, Labor and
Pensions of the Senate and the Committee on Education and the
Workforce of the House of Representatives.
SEC. 928. STUDY OF EDUCATION-RELATED INDEBTEDNESS OF MEDICAL
SCHOOL GRADUATES.
(a) Study Required.--The Secretary of Education shall
conduct a study to evaluate the higher education-related
indebtedness of medical school graduates in the United States
at the time of graduation.
(b) Deadline.--Not later than one year after the date of
enactment of this Act, the Secretary shall submit a report on
the study required by subsection (a) to the Committee on
Education and the Workforce of the House of Representatives
and the Committee on Health, Education, Labor and Pensions of
the Senate, and shall make the report widely available to the
public. Additional reports may be periodically prepared and
released as necessary.
SEC. 929. STUDY OF ADULT LEARNERS.
The Secretary of Education shall conduct a study of the
developing trends in older adult learners attending college
and how institutions of higher education are addressing the
needs of this specific population in terms of outreach,
accessibility, financing, and student support services,
including online education. The Secretary shall submit a
report on the study to the Committee on Education and the
Workforce of the House of Representatives that includes
recommendations on measures the Federal Government can take
to address the needs in regards to education and job training
for the aging population and the changing demographics of our
country.
SEC. 930. INCREASE IN COLLEGE TEXTBOOK PRICES.
(a) Findings.--The Committee on Education and the Workforce
of the House of Representatives makes the following findings:
(1) The rising costs of higher education are making a
postsecondary education inaccessible for many individuals.
(2) The rise in college textbook pricing contributes to the
overall costs of higher education, and many factors have
contributed to the rise in textbook pricing.
(b) Sense of the Committee on Education and the
Workforce.--It is the sense of the Committee on Education and
the Workforce of the House of Representatives that in order
to make a higher education more accessible for all students,
the following should occur to make college textbooks more
affordable for students:
(1) The Congress encourages textbook publishers to provide
students with the option of buying materials such as
textbooks, CD-ROMs, access to websites, and workbooks, ``a la
carte'' or ``unbundled''.
(2) Textbook publishers should work with faculty to
understand the cost to students of purchasing the recommended
textbooks.
(3) College bookstores should work with faculty to review
timelines and processes for ordering and stocking selected
textbooks, and disclose textbook costs to faculty and
students.
(4) Colleges and universities should be encouraged to
implement numerous options to address textbook affordability.
The Acting CHAIRMAN. No amendment to that amendment is in order
except those printed in House Report 109-399. Each amendment may be
offered only in the order printed in the report; or as permitted under
the order of the House by unanimous consent; by a Member designated in
the report; shall be considered read; shall be debatable for the time
specified in the 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 division of the question.
Amendment No. 1 Offered by Mr. McKeon
Mr. McKEON. Mr. Chairman, I offer an amendment.
The Acting CHAIRMAN. The Clerk will designate the amendment.
The text of the amendment is as follows:
Amendment No. 1 printed in House Report 109-399 offered by
Mr. McKeon:
Page 15, line 12, insert ``or had'' after ``has''.
Page 15, line 14, after ``1992'' insert the following: ``,
and continues to operate a clinical training program in at
least one State, which is approved by that State''
Page 23, line 10, strike `` `2012' '' and insert `` `2013'
''.
Page 23, line 14, strike `` `2006' '' and insert `` `2007'
''.
Page 23, line 21, strike ``2006 and'' and insert ``2007
and''.
Page 25, line 9, strike ``Secretary'' and insert
``Commissioner of Education Statistics''.
Page 26, line 13, strike ``assure'' and insert ``ensure''.
Page 26, beginning on line 10, strike ``to institutions of
higher education''.
Page 26, line 12, insert ``from institutions of higher
education'' after ``useful data''.
Page 26, line 22, strike ``assuring that data is'' and
insert ``ensuring that data are''.
Page 27. line 7, strike ``Secretary'' and insert
``Commissioner of Education Statistics''.
Page 27, line 25, insert ``, full-year'' before
``undergraduate''.
Page 28, beginning on line 1, strike ``for such a student''
and insert ``for a first-time, full-time, full-year
undergraduate student''.
[[Page H1260]]
Page 28, line 3, strike ``cost'' and insert ``price''.
Page 28, line 4, insert ``, full-year'' before
``undergraduate''.
Page 28, beginning on line 7, strike ``first-time full-time
undergraduate'' and insert ``first-year, full-time, full-year
undergraduate''.
Page 28, line 15, insert ``, full-year undergraduate''
after ``full-time''.
Page 28, beginning on line 18, strike subparagraph (F) (and
redesignate the succeeding paragraphs accordingly).
Page 29, line 8, insert ``of undergraduate students'' after
``rates''.
Page 30, line 1, strike ``Secretary'' and insert
``Commissioner of Education Statistics''.
Page 30, line 2, strike ``make available, at a minimum, the
data collected'' and insert ``collect and publish data
submitted by each institution''.
Page 30, beginning on line 5, strike the sentence beginning
with ``Such data'' and insert ``Such data shall be selected
in accordance with the requirements of section 131(b).''.
Page 30, line 10, stike ``typical full-time'' and insert
``typical first-time, full-time, full-year''.
Page 30, line 12, insert ``Such data may be presented in
combination with forms and information from the Free
Application for Federal Student Aid (FAFSA) website.'' before
``The Secretary''.
Page 31, line 22, strike ``2009'' and insert ``2010''.
Page 32, line 5, strike ``students;'' insert ``students and
the steps by which the institution is and will be taking to
reduce its college affordability index; and''.
Page 32, beginning on line 6, strike subparagraphs (B) and
(C) (and redesignate the succeeding subparagraph
accordingly).
Page 32, beginning on line 19, strike paragraph (2) (and
redesignate the succeeding paragraph accordingly).
Page 32, strike line 25 and insert the following:
(3) Quality efficiency task forces.--Each institution
subject to paragraph (1) that has a college affordability
index that is in the highest 10 percent of such indexes of
all classes of institutions subject to paragraph (1) shall
establish a quality-efficiency task force to review the costs
and expenditures on tuition and fees charged to students and
the operations of such institution.
Page 33, beginning on line 1, strike subparagraph (A) (and
redesignate the succeeding subparagraphs accordingly).
Page 34, beginning on line 3, strike ``has failed'' and all
that follows through ``submission of such plans, and'' on
line 7.
Page 34, beginning on line 10, strike subparagraph (A); on
line 15, redesignate subparagraph (B) as subparagraph (A); on
line 18, insert ``and'' after the semicolon; on line 19,
redesignate subparagraph (C) as subparagraph (B); on line 20,
strike ``; and'' and insert a period; and beginning on line
21, strike subparagraph (D).
Page 35, line 2, strike ``(1)(C)'' and insert ``(1)(B)''.
Page 36, line 5, strike ``(B) or (C)'' and insert ``(A)''.
Page 36, beginning on line 14, strike ``the actions
required by subparagraph (B) or (C)'' and insert ``the
explanation of how the institution plans to address its cost
increase as required by subparagraph (A)''.
Page 37, after line 2, insert the following new paragraph:
``(8) Data rejection.--Nothing in this subsection shall be
construed as allowing the Secretary to reject the data
submitted by an individual institution of higher education.
Page 37, after line 2, insert the following new subsection
(and redesignate the succeeding subsections accordingly):
``(g) Information to the Public.--Upon receipt of an
institution's report required under subsection (f), the
Secretary shall make the information in the report available
to the public in accordance with subsection (d) on the COOL
website under subsection (b).
Page 37, beginning on line 6, strike ``described in'' and
insert ``required by''.
Page 37, beginning on line 9, strike ``on the cost and
price of higher education under this section'' and insert
``under subsections (c) and (j)''.
Page 37, beginning on line 22, strike ``, as determined
under subsectiom (f)(6)(A),''.
Page 38, after line 14, insert the following new
subparagraph (and redesignate the succeeding subparagraphs
accordingly):
``(H) if the institution is a public institution, the
relationship between State and local appropriations and the
institution's tuition and fees;
Page 40, line 12, strike ``Secretary'' and insert
``Commissioner of Education Statistics''.
Page 42, after line 8, insert the following new section:
SEC. 111. TREATMENT OF TERRITORIES AND TERRITORIAL STUDENT
ASSISTANCE.
Section 113 (20 U.S.C. 1011b) is amended--
(1) by striking ``TREATMENT OF TERRITORIES AND TERRITORIAL
STUDENT ASSISTANCE'' in the heading of such section and
inserting ``TERRITORIAL WAIVER AUTHORITY'';
(2) by striking ``(a) Waiver Authority.--''; and
(3) by striking subsection (b).
Page 69, line 6, insert ``of 1965'' after ``Act''.
Page 70, line 14, strike ``203(b)'' and insert
``203(b)(1)''.
Page 70, beginning on line 4, strike ``made available'' and
insert ``authorized''.
Page 73, line 20, strike ``shall use'' and insert ``may,
subject to apppropriations, use''.
Page 78, line 1, insert ``Education'' after
``Disabilities''.
Page 91, line 16, strike ``2006'' and insert ``2007''.
Page 92, line 17, strike ``2006'' and insert ``2007''.
Page 93, line 18, strike ``defined'' and insert ``listed''.
Page 97, line 20, strike ``2006'' and insert ``2007''.
Page 103, line 24, strike ``2006'' and insert ``2007''.
Page 104, lines 21 and 22, insert ``the'' after ``listed
in'', and strike ``Land Grant'' and insert ``Land-Grant''.
Page 105, line 19, strike ``O'Odham'' and insert
``O'odham''.
Page 105, line 23, insert ``of higher education'' after
``institution''.
Page 106, line 25, insert ``in'' after ``or''.
Page 108, line 16, strike ``at'' and insert ``awarded by''.
Page 108, line 21, strike ``$400,000'' and insert
``$500,000''.
Page 110, line 17, strike ``Alaska Native'' and insert
``Alaska Native-serving institution''.
Page 111, strike lines 11 through 13, and insert the
following:
(c) Application Process.--Section 317(d)(2) is amended by
striking everything after the first sentence.
Page 111, line 22, after ``including'' insert the
following: ``development or improvement of facilities for
Internet use or other distance learning academic instruction
capabilities and''.
Page 112, line 4, after ``326(c)'' insert ``(20 U.S.C.
1063b(c))''.
Page 112, line 14, after ``323(a)'' insert ``(20 U.S.C.
1062(a))''.
Page 113, line 10, strike ``services''.
Page 113, line 12, strike ``services''.
Page 113, line 13, strike ``services''.
Page 113, beginning on line 20, strike subsection (c), and
redesignate the succeeding subsections accordingly.
Page 114, line 5, strike ``required'' and insert
``needed''.
Page 115, line 13, strike ``and''; on lines 15, strike the
period, the close quotation marks, and the following period
and insert a semicolon, and after such line insert the
following new subparagraphs:
``(W) Langston University qualified graduate program;
``(X) West Virginia State University qualified graduate
program; and
``(Y) Fayetteville State University qualified graduate
program.''.
Page 115, line 19, strike `` `2005' '' and insert `` `2006'
''.
Page 115, line 21, strike `` `(S), (T), (U), and (V)' ''
and insert `` `(S) through (Y)' ''.
Page 116, beginning on line 10, strike `` `(S), (T), (U),
and (V)' '' and insert `` `(S) through (Y)' ''.
Page 116, line 15, strike `` `(V)' '' and insert `` `(Y)'
''.
Page 118, line 1, strike ``301(b)(2)'' and insert
``301(b)(5)''.
Page 118, line 23, strike ``399(a)(2)'' and insert
``399(a)(2)(A)''.
Page 120, line 18, strike `` `2006' '' and insert `` `2007'
''.
Page 121, line 16, strike `` `2012' '' and insert `` `2013'
''.
Page 122, line 3, strike ``2006-2007 through 2012-2013''
and insert ``2007-2008 through 2013-2014''.
Page 122, line 20, strike ``two Pell grants during a
single award year'' and insert ``not more than two Pell
grants during an award year''.
Page 123, line 3, strike ``in a single award year''.
Page 124, line 6, insert ``forcible or nonforcible''
before ``sexual offense''.
Page 124, lines 7 and 8, strike ``under regulations of the
Secretary'' and insert ``in accordance with the Federal
Bureau of Investigation's Uniform Crime Reporting Program''.
Page 125, line 8, after subsection (h) insert the following
new subsection (and redesignate the succeeding subsection
accordingly):
(i) Academic Competitiveness Grant Eligibility.--Section
401A(c)(3) (as added by section 8003 of the Higher Education
Reconciliation Act of 2005) is amended by striking
``established by a State or local educational agency and
recognized as such by the Secretary'' each place it appears
and inserting ``beyond the basic graduation requirements and
recognized as such by the designated State official, or with
respect to any private school or home school, the designated
school official for such school''.
Page 125, beginning on line 11, strike ``section 401 (20
U.S.C. 1070a)'' and insert ``section 401A (as added by
section 8003 of the Higher Education Reconciliation Act of
2005)''.
Page 125, line 13, strike ``401a'' and insert ``401b''.
Page 125, line 15, strike ``From sums appropriated to
carry out section 401, the Secretary shall'' and insert
``Beginning in academic award year 2007-2008, the Secretary
is authorized to''.
Page 126, line 2, before the semicolon insert ``after
earning a high school diploma or its recognized equivalent''.
Page 126, beginning on line 12, strike ``other student
financial assistance available'' and insert ``estimated
financial assistance not received under this title (as
described in section 480(j))''.
Page 127, lines 17 and 18, strike ``described in section
484(c)'' and insert ``as determined under the institution's
standards developed in accordance with regulations prescribed
by the Secretary''.
[[Page H1261]]
Page 127, line 25, strike the close quotes and the period
at the end.
Page 127, after line 25, insert the following new
subsection:
``(e) Authorization of Appropriations.--There are
authorized to be appropriated to carry out this section such
sums as may be necessary for fiscal year 2007 and each of the
5 succeeding fiscal years.''.
Page 128, after line 3, insert the following new
subsection:
(j) Effective Date.--The amendments made by this section
shall be effective with respect to academic years beginning
on or after July 1, 2007.
Page 129, beginning on line 13, strike subsection (c)
through page 130, line 8, and redesignate the succeeding
subsections accordingly.
Page 130, strike lines 9 through 11 and insert the
following:
(d) Application Status; Foster Care Coordination.--
Paragraph (7) of section 402A(c) (20 U.S.C. 1070a-11(c)(7))
is amended to read as follows:
``(7) Coordination.--Each applicant for funds under the
programs authorized by this chapter shall identify services
to foster care youth as a permissible service in those
programs, and ensure that such youth receive supportive
services, including mentoring, tutoring, and other services
provided by those programs.''.
Page 131, line 5, strike ``2006'' and insert ``2007''.
Page 134, beginning on line 13, strike ``and, as
appropriate, their parents''.
Page 137, after line 7, insert the following new
subsection:
(n) GAO Study of Allocation of Funds.--
(1) Study required.--The Comptroller General shall conduct
a study of the Federal TRIO Programs under chapter 1 of
subpart 2 of part A of title IV of the Higher Education Act
of 1965 (20 U.S.C. 1070a-11 et seq.) to examine the
allocation of funds procedures for such programs. Such study
shall--
(A) examine the consideration of prior experience of
service delivery and its impact on grant applicants who have
prior experience as compared to those who do not have prior
experience; and
(B) examine the impact of the prior experience
consideration in distribution of funds across programs and
the impact of maintaining continuation of older programs on
the success rate of accomplishing the goals of the program.
(2) Report.--The Comptroller General shall submit a report
on the study required by paragraph (1) within one year of the
date of enactment of this Act to the Committee on Education
and the Workforce of the House of Representatives and the
Committee on Health, Education, Labor, and Pensions of the
Senate.
Page 137, beginning on line 21, strike ``the services
provided'' and all that follows through ``college students''
on line 25 and insert the following: ``these programs in
supporting the attainment of higher education for students
from disadvantaged backgrounds, particularly low-income
individuals, prospective first-generation college students,
and individuals with disabilities''.
Page 138, line 2, after ``shall'' insert ``consider
demographic and geographic variation and''.
Page 139, line 24, strike ``as amended by section 402(c)
and''.
Page 143, lines 17 and 18, strike ``such activities
available after the then most recent report'' and insert
``based on the most recent report available''.
Page 144, beginning on line 5, strike subsection (h)
through page 146, line 5, and insert the following:
(h) Expect Program Outcomes.--
(1) Section 402B (20 U.S.C. 1070a-12) is amended by adding
at the end the following new subsection:
``(c) Expected Program Outcomes.--For the purposes of
assessing an applicant's performance under section
402A(c)(1), and prior experience under section 402A(d)(3),
the Secretary shall consider--
``(1) the rate of college enrollment of students served by
the program;
``(2) the continued secondary school enrollment of
participating students;
``(3) the graduation of participating students from
secondary school;
``(4) the delivery of services described in the application
approved by the Secretary; and
``(5) other such outcomes the Secretary may require.''.
(2) Section 402C (20 U.S.C. 1070a-12) is amended by adding
at the end the following new subsection:
``(f) Expected Program Outcomes.--For the purposes of
assessing an applicant's performance under section
402A(c)(1), and prior experience under section 402A(d)(3),
the Secretary shall consider--
``(1) the rate of college enrollment of students served by
the program;
``(2) the persistence of students in postsecondary
education;
``(3) the delivery of services described in the application
approved by the Secretary;
``(4) the academic achievement of participating students;
and
``(5) other such outcomes the Secretary may require.''.
(3) Section 402D (20 U.S.C. 1070a-12) is amended by adding
at the end the following new subsection:
``(e) Expected Program Outcomes.--For the purposes of
assessing an applicant's performance under section
402A(c)(1), and prior experience under section 402A(d)(3),
the Secretary shall consider--
``(1) the persistence in postsecondary education of all
students served by the program;
``(2)(A) in the case of a grant recipient that is an
institution of higher education offering a baccalaureate
degree, the number of participating students who completed
degree programs in which such students were enrolled; or
``(B) in the case of a grant recipient that is an
institution of higher education not offering a baccalaureate
degree, the number of participating students who--
``(i) completed degree or certificate programs; and
``(ii) transferred to institutions of higher education
offering baccalaureate degrees;
``(3) the delivery of services described in the application
approved by the Secretary; and
``(4) other such outcomes the Secretary may require.''.
(4) Section 402E (20 U.S.C. 1070a-12) is amended by
striking subsection (f) and inserting the following:
``(f) Expected Program Outcomes.--For the purposes of
assessing an applicant's performance under section
402A(c)(1), and prior experience under section 402A(d)(3),
the Secretary shall consider--
``(1) the rate of graduate school enrollment of
participating students;
``(2) the attainment of doctoral degrees by participating
students;
``(3) the delivery of services described in the application
approved by the Secretary; and
``(4) other such outcomes as required by the Secretary.''.
(5) Section 402F (20 U.S.C. 1070a-12) is amended by adding
at the end the following new subsection:
``(d) Expected Program Outcomes.--For the purposes of
assessing an applicant's performance under section
402A(c)(1), and prior experience under section 402A(d)(3),
the Secretary shall consider--
``(1) the rate of college enrollment of participating
students;
``(2) the provision of assistance to students served by the
program in completing financial aid applications and college
admission applications;
``(3) the delivery of services described in the application
approved by the Secretary; and
``(4) other such outcomes as required by the Secretary.''.
Page 150, after line 21, insert the following new
subsection (and redesignate the succeeding subsections
accordingly):
(c) Foster Care Coordination.--Section 404B(c) (20U.S.C.
1070a-22(c)) is amended by adding at the end the following
new sentence:
``Each applicant for funds under the programs authorized by
this chapter shall identify services to foster care youth as
a permissible service in those programs, and ensure that such
youth receive supportive services, including mentoring,
tutoring, and other services provided by those programs.''.
Page 152, line 19, strike ``2006'' and insert ``2007''.
Page 153, line 2, strike `` `2006' '' and insert `` `2007'
''.
Page 153, beginning on line 20, strike subsection (c) and
insert the following:
(c) Eligibility for Additional Allocations.--Section
413D(a)(4) (20 U.S.C. 1070b-3(a)(4)) is amended by striking
subparagraph (B) and inserting the following:
``(B) An otherwise eligible institution may receive a
portion of the allocation described in subparagraph (A) if--
``(i) not less than 10 percent of the undergraduate,
degree- or certificate-seeking students attending the
institution receive Federal Pell Grants; and
``(ii)(I) in the case of an institution that offers
programs of at least 4 years in duration, if its graduation
rate for Federal Pell Grant recipients attending the
institution and graduating within the period of time equal to
normal duration of the longest undergraduate program offered
by the institution, as measured from the first day of their
enrollment, exceeds the median rate for the class of
institution (as defined in section 131(f)(7)(C)); or
``(II) in the case of an institution that offers programs
of at least 2, but less than 4, years in duration, if its
rate for Federal Pell Grant recipients attending the
institution and graduating or transferring to an institution
that offers programs of at least 4 years in duration within
the period of time equal to the normal duration of the
program offered, as measured from the first day of their
enrollment, exceeds the median rate for the class of
institution (as defined in section 131(f)(7)(C)).''.
Page 157, line 14, strike `` `2006' '' and insert `` `2007'
''.
Page 159, line 16, strike ``2006'' and insert ``2007''.
Page 159, line 23, strike ``2006'' and insert ``2007''.
Page 159, line 10, strike ``and''; on line 25, strike the
period and insert ``; and''; and after line 25, insert the
following new paragraph:
(11) by redesignating subsection (h) as subsections (i) and
inserting before such subsection the following new
subsection:
``(h) Technical Assistance.--The Secretary may reserve up
to one-half of one percent of funds appropriated under
subsection (i) for technical assistance activities for
program improvement, including data collection and
evaluation.''.
[[Page H1262]]
Page 168, strike lines 1 and 2 and insert ``to the field
in which the student obtained the degree.''.
Page 172, line 3, insert ``(as defined in section 9101 of
the Elementary and Secondary Education Act of 1965)'' after
``teacher''.
Page 178, line 24, strike ``made available'' and insert
``authorized''.
Page 179, line 22, strike ``as it pertains'' and insert
``pertaining''.
Page 183, line 5, strike ``2006'' and insert ``2007''.
Page 183, line 10, strike `` `2006' '' and insert `` `2007'
''.
Page 184, line 13, strike ``pursuant'' and insert
``subject''.
Page 185, beginning on line 3, strike ``pursuant to the
designation under subsection (c)'' and insert ``on behalf of
borrowers employed in an area of national need described in
subsection (c)''.
Page 186, line 8, strike ``as a teacher'' and insert ``as a
highly qualified teacher (as such term is defined in section
9101 of the Elementary and Secondary Education Act of
1965)''.
Page 190, line 5, strike ``The Secretary'' and insert
``Subject to subsection (b)(2), the Secretary''.
Page 192, beginning on line 21, strike subparagraph (A) and
insert the following:
``(A) The nurse graduated from an accredited school of
nursing (as those terms are defined in section 801 of the
Public Health Service Act (42 U.S.C. 296)).''.
Page 193, line 7, insert before the period the following:
``or from an accredited school of nursing (as those terms are
defined in section 801 of the Public Health Service Act (42
U.S.C. 296))''.
Page 194, beginning on line 8, strike ``accredited by an
agency or association recognized by the Secretary pursuant to
section 496(a) of this Act''.
Page 194, line 17, strike ``2006'' and insert ``2007''.
Page 195, line 20, strike ``July 1, 2007'' and insert ``the
date of enactment of this Act''.
Page 199, after line 11, insert the following new
subsection (and redesignate the succeeding subsections
accordingly):
(h) Student Loan Information.--Section 435(m) (20 U.S.C.
1085(m)) is amended by adding at the end the following new
paragraph:
``(5) Student loan information.--
``(A) Notwithstanding any other provision of law or
regulation, a lender, secondary market, holder, or guaranty
agency shall provide, free of charge and in a timely and
effective manner, any student loan information maintained by
that entity that is requested by an institution of higher
education and any third-party servicer (as defined in section
481(c)) working on behalf of that institution to prevent
student loan defaults.
``(B) An institution and any third-party servicer obtaining
access to information under subparagraph (A) shall safeguard
that information in order to prevent potential abuses of that
information, including identity theft.
``(C) Any third party servicer that obtains information
under this subparagraph shall only use the information in a
manner directly related to the default prevention work the
servicer is performing on behalf of the institution of higher
education.''.
Page 200, line 14, strike `` `2006' '' and insert `` `2007'
''.
Page 200, beginning on line 23, strike subsection (a) and
insert the following:
(a) Eligibility for Additional Allocations.--Section
442(a)(4) (42 U.S.C. 2752(a)(4)) is amended by striking
subparagraph (B) and inserting the following:
``(B) An otherwise eligible institution may receive a
portion of the allocation described in subparagraph (A) if--
``(i) not less than 10 percent of the students attending
the institution receive Federal Pell Grants; and
``(ii)(I) in the case of an institution that offers
programs of at least 4 years in duration, if its graduation
rate for Federal Pell Grant recipients attending the
institution and graduating within the period of time equal to
normal duration of the longest undergraduate program offered
by the institution, as measured from the first day of their
enrollment, exceeds the median rate for the class of
institution (as defined in section 131(f)(7)(C)); or
``(II) in the case of an institution that offers programs
of at least 2, but less than 4, years in duration, if its
rate for Federal Pell Grant recipients attending the
institution and graduating or transferring to an institution
that offers programs of at least 4 years in duration within
the period of time equal to the normal duration of the
program offered, as measured from the first day of their
enrollment, exceeds the median rate for the class of
institution (as defined in section 131(f)(7)(C)).''.
Page 206, line 9, strike ``2006 and'' and insert ``2007
and''.
Page 206, line 24, strike `` `2006' '' and insert `` `2007'
''.
Page 207, lines 4 and 9, strike `` `2012' '' each place it
appears and insert `` `2013' ''.
Page 207, line 9, strike ``and''; on line 12, strike ``
`2011.' '' and insert `` `2012'; and''; and after line 12
insert the following:
(C) by striking ``2012'' in subsection (b) and inserting
``2013''.
Page 207, beginning on line 13, strike subsection (b) and
redesignate the succeeding subsection accordingly.
Page 211, beginning on line 15, strike paragraph (2), and
redesignate the succeeding paragraphs accordingly.
Page 216, beginning on line 14, strike clause (i) and
insert the following:
``(i) In general.--The Secretary shall--
``(I) develop a form that uses skip logic to simplify the
application process for applicants; and
``(II) make all efforts to encourage applicants to utilize
the electronic forms described in paragraph (4).''.
Page 221, line 11, after ``Secretary,'' insert the
following: ``and an expected family contribution has been
calculated by the Secretary,''.
Page 221, beginning on line 16, strike ``without a
signature, if a signature is subsequently submitted by the
applicant'' and insert ``with an electronic signature''.
Page 228, line 2, insert ``by any entity'' after ``charged
a fee''.
Page 228, line 14, insert ``, worksheet, or other
document'' after ``form''.
Page 232, strike lines 9 through 12 and insert the
following:
(b) Republic of Palau.--Section 484 (20 U.S.C. 1091) is
amended --
(1) in subsection (a)--
(A) in paragraph (4), by striking ``the Republic of the
Marshall Islands, the Federated States of Micronesia, or'';
and
(B) in paragraph (5), by striking ``a citizen of any one of
the Freely Associated States'' and inserting ``or, to the
extent described in subsection (j), a citizen of the Republic
of Palau''; and
(2) by amending subsection (j) to read as follows:
``(j) Assistance Under Subpart 1 of Part a for Students
From Palau.--Notwithstanding any other provision of law, a
student shall be eligible until September 30, 2007, for
assistance under subpart 1 of part A if the student is
otherwise qualified and--
``(1) is a citizen of the Republic of Palau and attends an
institution of higher education in a State or a public or
nonprofit private institution of higher education in the
Freely Associated States; or
``(2) meets the requirements of subsection (a)(5) and
attends a public or nonprofit private institution of higher
education in any one of the Freely Associated States.''.
Page 232, beginning on line 13, strike section 483 and
insert the following:
SEC. 483. INSTITUTIONAL REFUNDS.
Section 484B(a)(1) (20 U.S.C. 1091b(a)(1)) is amended in
subsection (a)(1), by inserting ``subpart 4 of part A or''
after ``received under''.
Page 241, line 20, strike ``make, keep,'' and insert
``establish''.
Page 247, line 15, strike ``insure'' and insert ``ensure''.
Page 248, beginning on line 14, strike subparagraph (E),
and redesignate the succeeding subparagraphs accordingly.
Page 250, line 25, strike ``by virtue of'' and insert
``resulting from''.
Page 251, line 4, strike ``virtue of''.
Page 251, beginning on line 7, strike ``virtue of
participation'' and insert ``participating''.
Page 253, line 6, strike ``2011'' and insert ``2012''.
Page 253, line 23, strike ``for'' and insert ``with respect
to''.
Page 257, line 6, strike ``under'' and insert ``established
pursuant to''.
Page 262, line 6, strike `` `2011' '' and insert `` `2012'
''.
Page 262, after line 14, insert the following new section:
SEC. 489. PELL GRANT ELIGIBILITY PROVISION.
Section 484 is amended by adding at the end the following
new subsection:
``(s) Pell Grant Eligibility Provision.--A student who does
not have a certificate of graduation from a school providing
secondary education may be eligible for assistance under
subpart 1 of Part A of this title for no more than two
academic years, if such student--
``(1) meets all eligibility requirements for such
assistance (other than not being enrolled in an elementary or
secondary school) and is an academically gifted and talented
student, as defined in section 9101 of the Elementary and
Secondary Education Act;
``(2) is in the junior or senior year of secondary school,
and has not received any assistance under this title;
``(3) is selected for participation and is enrolled full-
time and resides on campus in a residential college gifted
student program for early enrollment, leading to fully
transferable college academic credit;
``(4) does not and will not participate in any secondary
school course work during or after such program; and
``(5) has entered into an agreement that, if the student
fails to complete the entirety of the academic program for
which assistance under subpart 1 of Part A of this title was
received, or participates in secondary school course work
after participating in such program, the student will repay
all funds received under such subpart pursuant to this
subsection to the Federal Government in accordance with
regulations promulgated by the Secretary.''.
Page 262, after line 18, insert the following new paragraph
(and redesignate the succeeding paragraphs accordingly):
(1) in paragraph (2), by striking subparagraph (B) and
inserting the following:
``(B) is a State agency approved by the Secretary for the
purpose described in subparagraph (A) and the State does not,
for purposes of this title, directly or indirectly--
``(i) require any institution of higher education to obtain
accreditation by such State agency, rather than another
accrediting agency or association approved by the Secretary
for the purpose described in subparagraph (A); or
``(ii) provide any exemption or other privilege or benefit
to any institution of higher
[[Page H1263]]
education by reason of its accreditation by such State agency
rather than another accrediting agency or association
approved by the Secretary for the purpose described in
subparagraph (A); or'';
Page 263, beginning on line 4, strike ``missions of
institutions of higher education, including such missions as
inculcation of religious values'' and insert ``mission of the
institution of higher education, including religious
missions''.
Page 267, line 13, strike ``subparagraph (H)'' and insert
``subparagraph (L)''.
Page 272, line 22, strike ``programs identified under'' and
insert ``programs that were identified pursuant to''.
Page 273, beginning on line 8, strike subparagraph (B) and
insert the following:
(B) in subparagraph (B)--
(i) by striking ``at the time of application,''; and
(ii) by inserting ``at the end of the award year
immediately preceding the date of application'' after
``Hispanic students'';
Page 280, lines 4 and 9, strike ``2006'' each place it
appears and insert ``2007''.
Page 289, line 15, strike `` `2006' '' and insert `` `2007'
''.
Page 290, line 22, and page 291, line 8, insert ``, as
determined by the Secretary'' after ``reduction'' each place
it appears.
Page 291, line 12, strike `` `2006' '' and insert `` `2007'
''.
Page 294, line 15, strike `` `2006' '' and insert `` `2007'
''.
Page 305, line 6, insert ``grantee under this title,''
after ``from any''.
Page 305, line 10, insert ``grantee,'' after ``each such''.
Page 310, line 8, strike `` `2006-2007' '' and insert ``
`2007-2008' ''.
Page 310, line 23, strike ``2006-2007'' and insert ``2007-
2008''.
Page 310, beginning on line 25, strike ``2005-2006 adjusted
for 2006-2007'' and insert ``2006-2007 adjusted for 2007-
2008''.
Page 311, line 8, strike ``2006'' and insert ``2007''.
Page 313, lines 3 and 4, strike ``for a grant by'' and
insert ``from''.
Page 313, line 5, strike ``contain'' and insert
``provide''.
Page 313, line 6, strike ``collaborates'' and insert ``will
collaborate''.
Page 313, line 8, strike ``assure'' and insert ``ensure''.
Page 313, line 13, strike ``2006-2007'' and insert ``2007-
2008''.
Page 313, line 23, strike `` `2006-2007' '' and insert ``
`2007-2008' ''.
Page 313, line 25, strike `` `2005-2006' '' and insert ``
`2006-2007' ''.
Page 314, line 6, strike ``2006'' and insert ``2007''.
Page 315, line 22, strike ``2006 and'' and insert ``2007
and''.
Page 317, line 16, strike ``and'' at the end of the line;
on line 25, strike the period, close quotation marks, and
following period and insert ``; and''; and after such line
insert the following new paragraph:
``(11) supporting efforts to establish pilot programs and
initiatives to help college campuses to reduce illegal
downloading of copyrighted content, in order to improve the
security and integrity of campus computer networks and save
bandwidth costs.''.
Page 318, line 22, strike ``timeless'' and insert
``timely''.
Page 320, line 13, strike ``2006'' and insert ``2007''.
Page 323, line 4, strike ``2006'' and insert ``2007''.
Page 332, line 5, strike ``and''.
Page 332, line 9, strike the period and insert ``; and''.
Page 332, after line 9, insert the following new
subparagraph:
(C) in paragraph (4)(C)--
(i) in clause (i), by striking ``(6)'' and inserting
``(8)''; and
(ii) in clause (vi), by striking ``(m)'' and inserting
``(o)''.
Page 333, after line 8, insert the following new section
(and redesignate the succeeding sections accordingly):
SEC. 902. AGREEMENT WITH GALLAUDET UNIVERSITY.
Section 105(b)(4) of the Education of the Deaf Act of 1986
(20 U.S.C. 4305) is amended--
(1) by striking ``the Act of March 3, 1931 (40 U.S.C. 276a-
276a-5)'' and inserting ``sections 3141 through 3148 of title
40, United States Code,''; and
(2) by striking ``section 2 of the Act of June 13, 1934 (40
U.S.C. 276c)'' and inserting ``section 3145 of title 40,
United States Code''.
Page 333, line 9, redesignate section 902 as section 903.
Page 333, line 15, redesignate section 903 as section 904.
Page 334, line 18, strike ``and''.
Page 335, line 10, strike the period and insert ``; and''.
Page 335, after line 10, insert the following new
paragraph:
(3) in paragraph (5)--
(A) by striking ``the Act of March 3, 1931 (40 U.S.C. 276a-
276a-5)'' and inserting ``sections 3141 through 3148 of title
40, United States Code,''; and
(B) by striking ``section 2 of the Act of June 13, 1934 (40
U.S.C. 276c)'' and inserting ``section 3145 of title 40,
United States Code,''.
Page 335, strike line 11 and all that follows through line
15 and insert the following:
(c) Limitation.--Section 112(c) of the Education of the
Deaf Act of 1986 (20 U.S.C. 4332(c)) is amended--
(1) in paragraphs (1) and (2), by striking ``institution''
each place it appears and inserting ``Rochester Institute of
Technology''; and
(2) in the matter following paragraph (2), by striking
``the applicant'' and inserting ``RIT''.
Page 335, line 16, redesignate section 904 as section 905.
Page 336, line 1, redesignate section 905 as section 906.
Page 336, strike line 18 and all that follows through line
23 and insert the following:
(c) Compliance.--Section 203(b)(2) of the Education of the
Deaf Act of 1986 (20 U.S.C. 4353(b)(2)) is amended by
striking ``sections'' and all that follows and inserting
``sections 102(b), 105(b)(4), 112(b)(5), 203(c), 207(b)(2),
subsections (c) through (f) of section 207, and subsections
(a), (b), and (c) of section 209.''.
Page 337, line 19, redesignate section 906 as section 907.
Page 338, after line 12, insert the following new
paragraph:
(1) in paragraph (1), by striking ``preparatory,'';
Page 338, line 13, redesignate paragraph (1) as paragraph
(2).
Page 338, line 16, redesignate paragraph (2) as paragraph
(3).
Page 338, after line 21, insert the following new section:
SEC. 908. MONITORING, EVALUATION, AND REPORTING.
Section 205(a) of the Education of the Deaf Act of 1986 (20
U.S.C. 4305) is amended in the first sentence by striking
``preparatory,''.
Page 338, line 22, redesignate section 907 as section 909.
Page 339, line 3, redesignate section 908 as section 910.
Page 339, line 11, redesignate section 909 as section 911.
Page 339, after line 23, insert the following new sections:
SEC. 912. INTERNATIONAL STUDENTS.
(a) Enrollment.--Section 209(a) of the Education of the
Deaf Act of 1986 (20 U.S.C. 4359a(a)) is amended by striking
``preparatory, undergraduate,'' and inserting
``undergraduate''.
(b) Tuition Surcharge.--Section 209(b) of the Education of
the Deaf Act of 1986 (20 U.S.C. 4359a(b)) is amended by
striking ``preparatory, undergraduate'' and inserting
``undergraduate''.
(c) Definition.--Section 209(d) of the Education of the
Deaf Act of 1986 (20 U.S.C. 4359a(d)) is amended by striking
``1990 per capita income'' and all that follows and inserting
``per-capita income of not more than $5,125, measured in 2002
United States dollars and adjusted by the Secretary to
reflect inflation since 2002.''.
SEC. 913. RESEARCH PRIORITIES.
Section 210(b) of the Education of the Deaf Act of 1986 (20
U.S.C. 4359b(b)) is amended by striking ``Committee on Labor
and Human Resources'' and inserting ``Committee on Health,
Education, Labor, and Pensions''.
Page 340, line 1, redesignate section 910 as section 914.
Page 340, beginning on line 5, strike ``2006 through 2011''
and insert ``2007 through 2012''.
Page 340, line 13, strike ``2006 through 2011'' and insert
``2007 through 2012''.
Page 340, beginning on line 19, strike ``2006 through
2011'' and insert ``2007 through 2012''.
Page 340, line 23, strike ``2006 through 2011'' and insert
``2007 through 2012''.
Page 345, beginning on line 22, strike paragraph (4) and
redesignate the succeeding paragraphs accordingly.
Page 347, beginning on line 6, strike paragraph (3) and
redesignate the succeeding paragraph accordingly.
Page 347, line 19, strike ``2006'' and insert ``2007''.
Page 348, lines 2, 9, and 17, strike `` `2006' '' each
place it appears and insert `` `2007' ''.
Page 350, lines 6 and 13 , strike `` `2006' '' each place
it appears and insert `` `2007' ''.
At the end of the Amendment, add the following new
sections:
SEC. 931. INDEPENDENT EVALUATION OF DISTANCE EDUCATION
PROGRAMS.
(a) Independent Evaluation.--The Secretary of Education
shall enter into an agreement with the National Academy of
Sciences to conduct a scientifically correct and
statistically valid evaluation of the quality of distance
education programs, as compared to campus-based education
programs, at institutions of higher education. Such
evaluation shall include--
(1) identification of the elements by which the quality of
distance education, as compared to campus-based education,
can be assessed, including elements such as subject matter,
interactivity, and student outcomes;
(2) identification of distance and campus-based education
program success, with respect to student achievement, in
relation to the mission of the institution of higher
education; and
(3) identification of the types of students (including
classification of types of students based on student age) who
most benefit from distance education programs, the types of
students who most benefit from campus-based education
programs, and the types of students who do not benefit from
distance education programs, by assessing elements including
access to higher education, job placement rates,
undergraduate graduation rates, and graduate and professional
degree attainment rates.
(b) Scope.--The National Academy of Sciences shall select
for participation in the evaluation under subsection (a) a
diverse group of institutions of higher education with
respect to size, mission, and geographic distribution.
[[Page H1264]]
(c) Interim and Final Reports.--The agreement under
subsection (a) shall require that the National Academy of
Sciences submit to the Secretary of Education, the Committee
on Health, Education, Labor and Pensions of the Senate, and
the Committee on Education and the Workforce of the House of
Representatives--
(1) an interim report regarding the evaluation under
subsection (a) not later than December 31, 2007; and
(2) a final report regarding such evaluation not later than
December 31, 2009.
SEC. 932. STUDY OF CAMPUS-BASED PROGRAM ALLOCATION OF FUNDS.
(a) Study Required.--The Comptroller General shall conduct
a study of the Federal Supplemental Educational Opportunity
Grant program, the Federal Work-Study program, and the
Federal Perkins Loan program (authorized by subpart 3 of part
A, and parts C and E, respectively, of title IV of the Higher
Education Act of 1965)--
(1) to examine the procedure for allocating funds to
institutions;
(2) to compare among participating institutions the amount
of funds allocated and the amount of aid awarded to students
on a per-student basis under these programs; and
(3) to suggest any modifications to the allocation
procedures to ensure appropriate distribution of funds under
these programs
(b) Report.--The Comptroller General shall submit a report
on the study required by subsection (a)within one year of the
date of enactment of this Act to the Committee on Education
and the Workforce of the House of Representatives and the
Committee on Health, Education, Labor, and Pensions of the
Senate.
The Acting CHAIRMAN. Pursuant to House Resolution 741, the gentleman
from California (Mr. McKeon) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from California.
Mr. McKEON. Mr. Chairman, I rise in support of this amendment to the
College Access and Opportunity Act, and I would like to take a few
moments to identify and clarify for Members a few points regarding the
manager's amendment.
The process that we go through here is, somebody, after many
hearings, writes a bill, and then it goes to our committee by direction
of the Speaker, and then generally the subcommittee holds a markup
giving all members a chance to participate and amend the bill, and then
the full committee, and we go through the process again with all
members on the committee able to add amendments, change the bill. It
goes through a series of debate. And then, after that, between the time
it goes to the committee and the time it comes to the floor, we
continue working on the process, and the changes that are worked out at
that time are added to a final manager's amendment, which we are now
presenting on the floor.
And with respect to the College Affordability Index provisions of
H.R. 609, which aim to shine a spotlight on hyperinflation and college
costs, the manager's amendment, after this process, makes a couple of
very important changes. First, it requires institutions whose
affordability index ranking falls in the highest 10 percent nationwide
to establish a quality, efficient task force charged with comparing the
operating costs of its institution with those of others. This is down
from the highest 25 percent in the underlying bill, so we have reduced
that 25 percent of the colleges that have increased their costs the
most over the period of the 8 years that it affects, to be highlighted,
and we have cut that from 25 down to 10 percent.
Furthermore, under the manager's amendment, one of the things that we
had in the original bill was we could call on the Inspector General to
do an audit of the school. We have removed that, and there will be
nothing more than the reporting provisions that the schools will have
to comply with connected to the College Affordability Index.
On accreditation, the manager's amendment explicitly clarifies that a
State cannot require colleges and universities within its borders to be
accredited by that State. There has been some misinformation out on
that. We have clarified that in the manager's amendment.
Moreover, this amendment provides colleges and universities a clear
choice regarding whose accreditation they seek.
{time} 1315
It forces no accreditation decisions on any school or any State,
period. If the State wants to get into the accrediting business, they
have to go through the requirements that are offered for all other
accreditors. They have to be approved by the Department of Education,
and then the school picks what accrediting body they want to work with.
Finally, the manager's amendment retains current law with respect to
campus-based aid programs, as well as the TRIO Federal college access
programs. It requires new studies that will allow us to take a deeper
look into these programs and determine what steps need to be taken in
the future to ensure they are running as effectively and as efficiently
as possible.
Mr. Chairman, the manager's amendment contains several other changes
including many that are the products of negotiations with my friends on
the other side of the aisle. I urge my colleagues to support both this
amendment and the underlying bill.
Mr. Chairman, I yield back the balance of my time.
Mr. GEORGE MILLER of California. Mr. Chairman, we have seen the
amendment and discussed it with the chairman, and we have no objections
to the amendment.
The Acting CHAIRMAN (Mr. Dent). The question is on the amendment
offered by the gentleman from California (Mr. McKeon).
The amendment was agreed to.
Amendment No. 9 Offered by Mr. Fossella
Mr. FOSSELLA. Mr. Chairman, I offer an amendment.
The Acting CHAIRMAN. The Clerk will designate the amendment.
The text of the amendment is as follows:
Amendment No. 9 printed in House Report 109-399 offered by
Mr. Fossella:
Page 317, line 16, strike ``and'' after the semicolon; on
line 25, strike the period, close quotation marks, and
following period and insert ``; and''; and after line 25,
insert the following new paragraph:
``(11) support increased fire safety in student housing--
``(A) by establishing a demonstration incentive program for
qualified student housing in institutions of higher
education;
``(B) by making grants for the purpose of installing fire
alarm detection, prevention, and protection technologies in
student housing, dormitories, and other buildings controlled
by such entities; and
``(C) by requiring, as a condition of such grants--
``(i) that such technologies be installed professionally to
technical standards of the National Fire Protection
Association; and
``(ii) that the recipient shall provide non-Federal
matching funds in an amount equal to the amount of the
grant.''.
The Acting CHAIRMAN. Pursuant to House Resolution 741, the gentleman
from New York (Mr. Fossella) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from New York.
Mr. FOSSELLA. Mr. Chairman, I yield myself such time as I may
consume.
Mr. Chairman, according to the nonprofit Center for Campus Fire
Safety, between January 2000, and January 2006, 82 people from 25
States have been killed in student-housing fires. Common factors in
these fatal fires are a lack of fire prevention technologies. Each
year, an estimated 1,800 fires occur in dormitories and other college-
owned houses. These fires are responsible for over $8 million in
property damage.
In New York alone, there was an average of more than 300 campus fires
per year between 1997 and 2000, with roughly 160 of them annually in
dormitories.
Mr. Chairman, more people are alive today because of fire detection
and prevention technologies, and this amendment, I think, is an
important one that can benefit both colleges and universities around
the country. The amendment I offer does not create a new program or any
additional cost to the Federal Government. It simply allows fire alarm
detection, prevention and protection systems to be eligible for funding
under the Fund for the Improvement of Post-Secondary Education. Fire
detection plus fire suppression equals fire safety. I urge my
colleagues to support this amendment.
As many know, and especially those who may have young sons or
daughters at colleges or universities, the last thing you want to hear
is a call that perhaps one of your children was injured or, even worse,
lost their life in a tragic fire at a dorm or campus housing. We know
of many colleges not just in New York but across the country
[[Page H1265]]
who would love to install and have in place fire prevention and
detection systems given the new technology, and we would think that
this is an amendment that could be supported to allow these colleges
and universities to become eligible for these grants and also leverage
those public grants with private resources.
Mr. Chairman, I yield back the balance of my time.
Mr. KILDEE. Mr. Chairman, I rise in support of the amendment and urge
its adoption.
The Acting CHAIRMAN. Without objection, the gentleman will control 5
minutes.
There was no objection.
Mr. McKEON. Mr. Chairman, I would also like to say that we appreciate
the gentleman's amendment. We think it makes the bill stronger. We
thank him for his support and work on this issue.
The Acting CHAIRMAN. The question is on the amendment offered by the
gentleman from New York (Mr. Fossella).
The amendment was agreed to.
Amendment No. 12 Offered by Mr. Porter
Mr. PORTER. Mr. Chairman, I offer an amendment.
The Acting CHAIRMAN. The Clerk will designate the amendment.
The text of the amendment is as follows:
Amendment No. 12 printed in House Report 109-399 offered by
Mr. Porter:
Page 189, after line 12, insert the following new
subparagraph (and redesignate the succeeding subparagraph
accordingly):
``(I) Public service employment.--An individual who is
employed full time in by a qualified public service employer.
Page 193, after line 23, insert the following new paragraph
(and redesignate the succeeding paragraph accordingly):
``(7) Public service employment.--The term `qualified
public service employer' means any State, local government,
Federal agency, or other organization (as such terms are
defined by section 3371 of title 5, United States Code), any
other office or entity of the legislative branch, and any
employer that is exempt from taxation under section 501(c)(3)
or section 501(c)(4) of title 26, United States Code.
The Acting CHAIRMAN. Pursuant to House Resolution 741, the gentleman
from Nevada (Mr. Porter) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from Nevada.
Mr. PORTER. Mr. Chairman, I yield myself such time as I may consume.
I would first like to thank my colleagues, Mr. Andrews from New
Jersey and Mr. Renzi from Arizona, for joining me in offering this
commonsense, bipartisan amendment.
Many students graduate from college and professional schools,
including those of social work, nursing, medicine, teaching and law,
with crushing debt burdens. With the median entry-level public service
law salary at $35,000, a mortgage-size debt will bar most graduates
from pursuing public service jobs, such as those with government
agencies or legal services programs.
Among the graduates who take such positions, many are forced to leave
after 2 or 3 years of employment due to financial constraints. The
Porter-Andrews-Renzi amendment amends section 421, the Loan Forgiveness
for Service in Areas of National Need, of H.R. 609, by allowing public
service employees to access funds in the loan forgiveness program.
Specifically, the language expands section 428K of the Higher
Education Act to provide up to $5,000 in loan forgiveness for
individuals who have completed a baccalaureate or advanced degree and
served for 5 consecutive years in areas of public service. This
amendment will help encourage highly trained individuals to enter and
continue in areas of public service by reducing the burden of student
debt for Americans who dedicate their careers in areas of public
service.
This amendment is especially important in rapidly growing communities
like Southern Nevada. In my district, we have over 5,000 new people
moving into our State each month, and it is critical that we ensure our
workforce staff is equipped to handle our population growth.
For example, Federal agencies such as the Department of Justice,
Social Security Administration, and the U.S. Attorney's office are
continually faced with staffing needs to address the increased growth
in our communities. By providing these incentives, we can help our
communities staff positions for which there are significant needs such
as public service employees.
This is an opportunity for Congress to make an existing Federal
program more useful by providing an incentive for students to enter the
fields of public service. It is a fiscally responsible solution that
will support individuals who choose to enter areas of public service
without imposing costly new mandates that will eat into our ability to
provide other student benefits through higher education.
Mr. Chairman, I yield such time as he may consume to the gentleman
from Arizona (Mr. Renzi).
Mr. RENZI. Mr. Chairman, I thank the gentleman from Nevada, my good
friend, for yielding me this time. And I want to thank especially the
chairman, Mr. McKeon, for his hard work and belief in this effort;
Majority Leader Boehner, who helped us early on; and I have got to give
credit to a good professor and doctor, Philip Schrag, over at
Georgetown University, who for years has been fighting and championing
this cause.
This amendment to the underlying bill provides much needed loan
forgiveness for individuals involved in the public sector.
Specifically, the language expands section 428 of the Higher Education
Act to provide up to $5,000 in loan forgiveness for individuals that
have completed a baccalaureate or an advanced degree and are willing to
serve 5 consecutive years in public service. This will make a huge
impact on our Native American reservations around America who need
young people to come out in the field of doctors and lawyers and nurses
to provide for our Native Americans, provide for many of our poorer
communities. It is an opportunity for Congress to improve on an
existing Federal program and provides incentives for students to enter
the field of public service.
I urge my colleagues to support this amendment and help us attract
and retain the best and brightest of America by providing them a little
bit of an incentive.
Again, I want to thank my colleague, Mr. Porter of Nevada, and our
chairman so very much. I appreciate it.
Mr. PORTER. Mr. Chairman, I yield such time as he may consume to the
gentleman from California (Mr. McKeon).
Mr. McKEON. Mr. Chairman, I would like to thank the gentleman for
this amendment. It again makes the bill stronger, and I appreciate
their working together in a bipartisan method to make this happen.
Mr. ANDREWS. Mr. Chairman, I claim the time in opposition to the
amendment.
The Acting CHAIRMAN. Without objection, the gentleman from New Jersey
will control 5 minutes.
There was no objection.
Mr. ANDREWS. Mr. Chairman, I rise to claim the time in opposition,
although I am obviously in favor of the amendment.
I want to thank the chairman from California; my colleagues from
Nevada and Arizona; our ranking member, Mr. George Miller; and our
subcommittee ranking member, Mr. Kildee, for their cooperation.
This is really an unsung heroes amendment. It is for people who
administer inoculation shots to children in health clinics. It is for
people that work in senior centers serving meals to senior citizens. It
is for lawyers who go to court and represent people who are too poor to
otherwise afford a lawyer on their own when they are facing an eviction
or a bankruptcy or domestic violence crisis. It is a modest way to
encourage people to enter and stay in those fields.
If a person makes a long-term commitment, a minimum of 5 years, for
public service fields, this amendment makes it possible that there will
be a $5,000 amount of forgiveness on the student loans that they owe.
Now, I wish, frankly, we could include more people. I wish that we
could have a greater level of forgiveness. Some of the issues that Mr.
Miller was talking about earlier today really go to that point as to
why there are not more resources available in this bill.
Having said that, this is a modest improvement. The average debt for
a person graduating from a 4-year program is about $18,000 a year now.
So a $5,000
[[Page H1266]]
loan forgiveness is quite relevant to a person in one of those fields
and could be quite helpful. Frankly, although the help is welcome, it
falls short for those who have gone beyond the baccalaureate degree to
a graduate or professional school because their debt usually tends
towards six figures, and although any little bit helps, this is most
decidedly only a very little bit. Nevertheless, it is an improvement
over the existing situation. It does help those unsung heroes.
I again thank the leadership of the committee on both sides for
making this a possibility. And I would urge my colleagues to vote
``yes'' on this amendment.
Mr. TOM DAVIS of Virginia. Mr. Chairman, I applaud the amendment
offered by congressman Jon Porter and others today that would add
Federal employees and other public servants to a Department of
Education program that helps people in certain jobs pay off their
student loans.
I am a longtime supporter of student loan relief programs for our
valuable Federal workforce. The programs are an effective recruitment
and retention tool, helping to keep the Federal Government competitive
with the higher salaries of the private and non-profit sectors.
We have to take proactive steps to ensure the best and the brightest
will be attracted to public sector employment. The average Federal
worker is over 50--more has to be done to appeal to younger workers.
Offering up to $5,000 a year for student loan repayments, as this
amendment does, is an obvious way to attract the attention of recent
graduates and those with remaining educational balances.
As chairman of the House Government Reform Committee and as a
representative from northern Virginia, I am keenly aware of the need to
safeguard the health of the Federal workforce. These are talented, well
educated people with a strong sense of duty. We likely will never be
able to compete on a dollar-for-dollar basis with the private sector,
but we do have to take steps to make government service a viable
option.
We are debating the Higher Education Act today; the recurring theme
of this legislation is the fact that tuition costs for college degrees
are skyrocketing. For that young man or woman considering a civil
service career, we have to make tools available that will allow them to
forgo the higher salaries they could otherwise command.
Mr. Chairman, I am proud to support this amendment today, but we
should go even further. Under current law, agencies can repay student
loans on behalf of their employees--up to $10,000 a year with a $60,000
total cap per employee. My bill, the Generating Opportunity by
Forgiving Educational Debt for Service, GOFEDS, Act, which I have
introduced in the last two Congresses, would improve these benefits by
making them tax free.
I encourage my colleagues to join with me in ensuring the American
taxpayer has the benefit of a vibrant Federal workforce--truly the best
and the brightest. You can start today by support this amendment.
Mr. WILSON of South Carolina. Mr. Chairman, I am pleased to rise
today in support of the Porter Amendment, which would extend student
loan forgiveness to individuals employed full-time by a qualified
public service employer.
In order to receive this loan forgiveness, individuals would commit
to serving in areas of national need for 5 years. The underlying bill
extends teacher loan forgiveness to select other groups who play
critical roles in bettering the lives of millions of America's youth.
From social workers and nurses to medicine specialists and lawyers,
thousands of America's roll models will benefit from this vital
provision. By removing the burden of student loan debt, this amendment
will encourage trained professionals to seek careers in public service
fields.
In South Carolina, I am specifically impressed by the tremendous
dedication of speech language pathologists. Fortunately, speech
language pathologists are included in the underlying bill and would
also be eligible to receive the crucial student loan forgiveness. These
talented and caring professionals dedicate their lives to helping
children throughout our community who struggle with speech, language,
or hearing disorders. As American schools struggle to recruit teaching
professionals, we must do more to help promote these important careers
to our Nation's best and brightest. My friend Congressman Porter's
amendment is an important way to increase the incentive for students to
enter public service fields. Please join me in supporting this
amendment today.
In conclusion, God bless our troops and we will never forget
September 11.
Mr. ANDREWS. Mr. Chairman, I yield back the balance of my time.
Mr. PORTER. Mr. Chairman, I have no further requests for time, and I
yield back the balance of my time.
The Acting CHAIRMAN. The question is on the amendment offered by the
gentleman from Nevada (Mr. Porter).
The amendment was agreed to.
Amendment No. 14 Offered by Mrs. Wilson of New Mexico
Mrs. WILSON of New Mexico. Mr. Chairman, I offer an amendment.
The Acting CHAIRMAN. The Clerk will designate the amendment.
The text of the amendment is as follows:
Amendment No. 14 printed in House Report 109-399 offered by
Mrs. Wilson of New Mexico:
Page 177, line 24, strike ``and'' after the semicolon.
Page 178, line 5, insert ``and'' after the semicolon.
Page 178, after line 5, insert the following new paragraph:
``(4) supporting regional workshops designed to permit the
sharing of successful research-based strategies to improve
the achievement of students in mathematics and science.
Page 179, after line 24, insert the following new
paragraph:
``(4) Supporting regional workshops designed to permit
educators, administrators responsible for professional
development and curriculum development, and faculty of
teacher preparation programs to share successful research
based strategies for--
``(A) carrying out the activities described in section
2202(c) of the Elementary and Secondary Education Act of 1965
(20 U.S.C. 6662(c)) (as amended by the No Child Left Behind
Act of 2001); and
``(B) otherwise improving student achievement in
mathematics and science instruction in elementary and
secondary schools.
Page 180, line 5, insert ``, which may include a plan for
establishing a regional working group to conduct regional
workshops to share research-based information and approaches
to improving the achievements of students in mathematics and
science'' after ``funds''.
The Acting CHAIRMAN. Pursuant to House Resolution 741, the
gentlewoman from New Mexico (Mrs. Wilson) and a Member opposed each
will control 5 minutes.
The Chair recognizes the gentlewoman from New Mexico.
Mrs. WILSON of New Mexico. Mr. Chairman, I yield myself such time as
I may consume.
I wanted to thank the chairman for bringing this bill forward today.
There are several provisions of it that are very important to our
colleges and universities and the students that they serve,
particularly in our Hispanic Serving Institutions, and the base bill
strengthens those programs substantially.
The amendment that I am offering today deals with the teaching of
math and science. In the bill there are provisions for education
coordinating councils, which are educators, business, and community
leaders at the local level that develop strategies to improve math and
science education, drawing on the resources in the community. Not just
the public funding that comes for the schools but things like
universities, national laboratories, high-tech industry, giving kids
the opportunity to see mathematics and science in action and connect
them with the possibility of a career in science or mathematics.
What my amendment does is add to the kinds of things that can be used
with these funds for these councils. It is based on legislation that I
introduced in November of 2005, and what it really does is allow these
councils to fund regional workshops of teachers and university
professors and curriculum developers so that people can share
information about the best techniques and the resources available for
the teaching of mathematics and science and strengthening our ability
to teach math and science, particularly in the elementary and secondary
levels.
Sometimes teaching can be an isolating thing, particularly if you are
in a rural community and maybe you are the only science teacher that
serves all of one particular middle school. Certainly practice is
important for teaching, but also interaction with one's colleagues is
important. And that is why allowing these regional interactions for
professional development is particularly important.
If I have a choice about the kind of school that I want my kids to go
to, if I have a choice between the best, newest, most well-equipped
school and a good teacher standing under a cottonwood tree, for my
kids, I choose the good teacher standing under the cottonwood tree.
[[Page H1267]]
{time} 1330
This amendment that I am offering today will help teachers become
better teachers through interaction with their peers in the teaching of
mathematics and science.
Mr. Chairman, I would ask my colleagues to support this amendment
today.
Mr. Chairman, I reserve the balance of my time.
Mr. GEORGE MILLER of California. Mr. Chairman, we have read the
amendment. We support the amendment. We urge passage.
The Acting CHAIRMAN (Mr. Dent). Without objection, the gentleman is
recognized for 5 minutes.
There was no objection.
Mr. GEORGE MILLER of California. Mr. Chairman, I yield back the
balance of my time.
=========================== NOTE ===========================
March 29, 2006--On Page H1267 the following appeared: The Acting
CHAIRMAN (Mr. Dent). Without objection, the gentleman is
recognized for 5 minutes. There was no objection. Mr. Chairman, I
yield back the balance of my time.
The online version should be corrected to read: The Acting
CHAIRMAN (Mr. Dent). Without objection, the gentleman is
recognized for 5 minutes. There was no objection. Mr. GEORGE
MILLER of California. Mr. Chairman, I yield back the balance of my
time.
========================= END NOTE =========================
Mrs. WILSON of New Mexico. Mr. Chairman, I have no more speakers, and
I yield back the balance of my time.
The Acting CHAIRMAN (Mr. Dent). The question is on the amendment
offered by the gentlewoman from New Mexico (Mrs. Wilson).
The amendment was agreed to.
Amendment No. 2 Offered by Mr. Blumenauer
Mr. BLUMENAUER. Mr. Chairman, I offer an amendment.
The Acting CHAIRMAN. The Clerk will designate the amendment.
The text of the amendment is as follows:
Amendment No. 2 printed in House Report 109-399 offered by
Mr. Blumenauer:
At the end of title IX of the Amendment add the following
new section:
SEC. ___. SUMMIT ON SUSTAINABILITY.
No later than May 2007, the Secretary of Education shall
convene a summit of higher education experts working in the
area of sustainable operations and programs, representatives
from the agencies of the Federal Government, and business and
industry leaders to focus on efforts of national distinction
that--
(1) encourage faculty, staff, and students at institutions
of higher education to establish both administrative and
educational sustainability programs on campus;
(2) enhance research by faculty and students at
institutions of higher education in sustainability practices
and innovations that assist and improve sustainability;
(3) encourage institutions of higher education to work with
community partners from the business, government, and
nonprofit sectors to design and implement sustainability
programs for application in the community and workplace; and
(4) identify opportunities for partnerships involving
higher education institutions and the Federal Government to
expand sustainable operations and academic programs focused
on environmental and economic sustainability.
The Acting CHAIRMAN. Pursuant to House Resolution 741, the gentleman
from Oregon (Mr. Blumenauer) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from Oregon.
Mr. BLUMENAUER. Mr. Chairman, I yield myself 3 minutes.
Mr. Chairman, I am pleased to offer this amendment on behalf of my
colleagues, Congressman Ehlers and Congressman Wu, that would bring
about a national summit on sustainability.
There is a quiet revolution that is occurring in communities across
the country. Hospitals, businesses, local governments, many educational
institutions are all involved with pioneering efforts to promote
sustainable development, energy efficiency.
There is local produce that is being used by businesses and
universities in their cafeterias. People are more sensitive to
landscaping, carpet supplies, transportation alternatives. Time does
not allow me to even list the programs in just my community, at
Portland State University, the University of Portland, Lewis & Clark
College, Nike, Intel, Kaiser Permanente. These institutions are putting
into practice groundbreaking procedures that allow us to live more
lightly on the land.
This is a great opportunity for the Department of Education to
spotlight these best practices around the country, ways to save money,
ways to live and practice our environmental values. And one wonders
whether there is any better way for students to learn than to actually
explore ways to put these elements into practice. I am confident that
ultimately this process can help lead to more leadership, more
investment, and stronger policies.
Mr. Chairman, I yield 2 minutes to the gentleman from Oregon (Mr.
Wu).
Mr. WU. Mr. Chairman, the need for developing innovative and
successful, sustainable development is becoming more critical as our
population in urban areas grows. The higher education system is in a
unique position to foster new knowledge, evaluate policies, and develop
new technologies addressing sustainability and its benefits to our
society.
I am very proud that my home State of Oregon is exhibiting, once
again, independent, effective leadership on sustainability. Oregon is
leading the Nation on sustainable architecture, the production of
environmentally certified wood products, sustainable energy, nanotech,
biotech, sustainable agriculture, and wind, hydroelectricity and solar
energy.
Portland State University, in my congressional district, has
undertaken the sustainability initiative featuring new educational
offerings such as green capital construction, multidisciplinary
research, public forums and community outreach projects on
sustainability. I recently toured a brand-new building there,
exhibiting energy efficiencies and rainwater and other recycling
programs that lead the Nation.
For several years now, Portland State has been active in these
efforts. In 2003, PSU launched a new program which draws on faculty and
community expertise to teach 40 students the theory and practice of
developing effective sustainability programs for their organizations.
In fact, this year, Portland State University is expected to save an
additional $275,000 in energy costs alone on campus simply by
installing more energy-efficient equipment and lighting and adjusting
temperature settings. These savings are equivalent to the tuition of 80
students at PSU. This is independent, effective leadership.
The amendment that I am offering today with Congressman Ehlers and
Congressman Blumenauer would call on the Secretary of Education to
convene a summit of higher education experts working in the area of
sustainability to encourage the development of sustainability programs
on campuses; research in this area; and to identify opportunities for
partnerships.
Educating and training the next generation of scientists, engineers,
planners, and business professionals can help in the development of new
tools and strategies for environmental and resource conservation,
energy efficiency and more sustainable development.
I look forward to folks following Oregon's independent, effective
leadership and supporting this important amendment.
Mr. BLUMENAUER. Mr. Chairman, I yield myself the balance of the time.
Mr. Chairman, I appreciate my colleague's comments and his
spotlighting Portland State University.
Mr. Chairman, if this amendment is adopted, no later than May of next
year, the Secretary of Education is to convene a summit of higher
education experts working in these areas. We have a vast array of
people available around the country.
As my colleague pointed out, this is cost effective. This is what
America needs to do to face its energy challenges, clean air, clean
water. And what better way than to have higher education lead and being
able to model and employ some of the best practices that we see in
local communities, in the business community, and in the pioneering
leadership on behalf of students themselves?
Mr. Chairman, we respectfully hope that the House will not only adopt
this amendment, but that we will find ways in other legislative
vehicles to advance the principles that are involved here, not just for
higher education. One longs for the day when the Federal Government
itself models those important principles.
Mr. EHLERS. Mr. Chairman, I rise in support of the Blumenauer-Ehlers-
Wu amendment, which calls for the Secretary of Education to convene a
summit on sustainability. I would like to thank Chairman McKeon and his
staff for working with us to make this amendment in order for
consideration.
Simply put, sustainability is meeting the needs of the present
generation without compromising the ability of future generations to
meet their needs. As population growth, urban development and growing
energy use place stress on our ecosystem, it is imperative that we
develop innovative and successful sustainable operations and programs.
For many years, businesses and universities in Michigan and
throughout the nation have engaged in sustainability initiatives. The
West
[[Page H1268]]
Michigan Sustainable Business Forum, a diverse group of 90 companies,
academic institutions and government agencies works toward achieving
the triple bottom line of environmental stewardship, economic vitality
and social responsibility.
Universities are in a unique position to foster new knowledge,
evaluate policies and discover new technologies to address
sustainability. In fact, the University of Michigan, Michigan State
University and Aquinas College have sustainability centers that have
provided innovative research and have engaged students in
sustainability thinking. Sustainable operations and programs on
university campuses include water and energy conservation and
recycling, as well as academic programs such as engineering courses
that encourage innovative product designs, e.g., alternative fuels for
cars and new types of packing that use fewer natural materials.
This amendment would convene a summit of higher education experts
working in the area of sustainable operations and programs. It would
encourage the Federal Government and university and business leaders to
identify best practices in sustainability by encouraging current
efforts, enhancing research and identifying opportunities for
partnerships to expand sustainable operations and academic programs.
I respectfully urge Members to support this very important amendment.
Mr. BLUMENAUER. Mr. Chairman, I yield back the balance of my time.
The Acting CHAIRMAN. The question is on the amendment offered by the
gentleman from Oregon (Mr. Blumenauer).
The amendment was agreed to.
Amendment No. 15 offered by Miss McMorris
Miss McMORRIS. Mr. Chairman, I offer an amendment.
The Acting CHAIRMAN. The Clerk will designate the amendment.
The text of the amendment is as follows:
Amendment No. 15 printed in House Report 109-399 offered by
Miss McMorris:
Page 56, after line 2, insert the following new paragraph:
``(16) Advanced placement.--Implementing strategies to
increase the number of teachers qualified to teach advanced
placement and pre-advanced placement courses in mathematics,
science, and critical foreign languages, and other strategies
to increase the availability of those courses, particularly
for low-income students.
Page 69, after line 9, insert the following new paragraph:
``(16) Advanced placement.--Implementing strategies to
increase the number of teachers qualified to teach advanced
placement and pre-advanced placement courses in mathematics,
science, and critical foreign languages, and other strategies
to increase the availability of those courses, particularly
for low-income students.
Page 160, line 5, strike ``Honors Scholarship'' and insert
``American Competitiveness'' .
Page 162, line 18, and page 178, line 25, strike ``419D''
and insert ``419F''.
Page 183, line 3, redesignate section 419D as section 419F,
and before such line insert the following new sections:
``SEC. 419D. ADJUNCT TEACHER CORPS.
``(a) Purpose.--It is the purpose of this section to create
opportunities for professionals and other individuals with
subject-matter expertise to teach secondary school courses in
mathematics, science, and critical foreign languages, on an
adjunct basis.
``(b) Program Authorized.--The Secretary is authorized to
award grants to eligible entities to recruit and place well-
qualified individuals to serve as adjunct teachers in
secondary school mathematics, science, and critical foreign
language courses.
``(c) Eligible Entity.--For the purpose of this section, an
eligible entity is--
``(1) a local educational agency;
``(2) a public or private educational organization (which
may be a State educational agency); or
``(3) a partnership consisting of a local educational
agency and a public or private educational organization.
``(d) Duration of Grants.--The Secretary may award grants
under this section for a period of not more than five years.
``(e) Priorities.--In awarding grants under this section,
the Secretary shall give priority to eligible entities that
propose to--
``(1) serve local educational agencies that have a large
number or percentage of students performing below grade level
in mathematics, science, and 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; and
``(3) recruit adjunct faculty to serve in schools that have
an insufficient number of teachers in mathematics, science,
and critical foreign languages.
``(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 may
reasonably require.
``(2) Contents.--The Application shall, at a minimum,
include a description of--
``(A) the need for, and expected benefits of using, adjunct
teachers in the participating schools, which may include
information on the difficulty participating schools face in
recruiting qualified faculty in mathematics, science, and
critical foreign language courses;
``(B) measurable objectives for the project, including the
number of adjunct teachers the eligible entity intends to
place in classrooms and gains in academic achievement
intended to be achieved;
``(C) how the eligible entity will recruit qualified
individuals and public or private educational organizations
to participate in the program;
``(D) how the eligible entity will use funds received under
this section, including how the eligible entity will evaluate
the success of its program;
``(E) how the eligible entity will support and continue the
program after the grant has expired, including how it will
seek support from other sources, such as State and local
government, foundations, and the private sector;
``(F) how the eligible entity will address legal,
contractual, or administrative barriers to employment of
adjunct faculty in the participating State or local
educational agency or agencies; and
``(G) how the eligible entity will provide pre-service
training to selected adjunct teachers, including the on-going
mentoring of such teachers by highly qualified teachers.
``(g) Uses of Funds.--An eligible entity that receives a
grant under this section is authorized to use grant funds to
carry out one or more of the following activities:
``(1) To develop the capacity of the local educational
agency or the State educational agency, or both, to identify,
recruit, and train qualified individuals outside of the
elementary and secondary education system (including
individuals in business and government, and individuals who
would participate through distance-learning arrangements) to
become adjunct teachers in mathematics, science, and critical
foreign language courses.
``(2) To provide signing bonuses and other financial
incentives to encourage individuals to become adjunct
teachers in mathematics, science, and critical foreign
language courses.
``(3) To provide pre-service training to adjunct teachers,
including the on-going mentoring of such teachers by highly
qualified teachers.
``(4) To reimburse outside entities for the costs
associated with allowing an employee to serve as an adjunct
teacher, except that these costs shall not exceed the total
cost of salary and benefits for teachers with comparable
experience or expertise in the local educational agency.
``(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 the grant (in cash or in kind) to carry out the activities
supported by the grant.
``(i) Program Performance.--Each eligible entity receiving
a grant under this section shall prepare and submit to the
Secretary a final report on the results of the project that
contains such information as the Secretary may require
including improvements in academic achievement as a result of
instruction from adjunct teachers.
``(j) Evaluation.--The Secretary shall evaluate the
activities funded under this section including the impact of
the program on student academic achievement and shall report
the results of the evaluation to the appropriate Committees
of Congress.
``(k) Definitions.--As used in this section:
``(1) Adjunct teacher.--The term `adjunct teacher' means a
teacher who
``(A) possesses, at a minimum, a bachelor's degree;
``(B) has demonstrated expertise in mathematics, science,
or a critical foreign language by having met the requirements
of section 9101(23)(B)(ii) of the Elementary and Secondary
Education Act of 1965; and
``(C) is not required to meet the other requirements of
section 9101(23) of the Elementary and Secondary Education
Act of 1965.
``(2) Critical foreign language.--The term `critical
foreign language' has the same meaning given such term under
section 428K(h).
``SEC. 419E. FOREIGN LANGUAGE PARTNERSHIPS.
``(a) Purpose.--The purpose of this section is to increase
the number of highly qualified teachers in, and the number of
United States' students who achieve the highest level of
proficiency in, foreign languages critical to the security
and competitiveness of the Nation.
``(b) Program Authorized.--The Secretary is authorized to
award grants to institutions of higher education, in
partnership with one or more local educational agencies, to
establish teacher preparation programs in critical foreign
languages, and activities that will enable successful
students to advance from elementary school through college to
achieve proficiency in those languages.
``(c) Applications.--
``(1) Application required.--Any institution of higher
education that desires to receive a grant under this section
shall submit an application to the Secretary at such time, in
such manner, and containing such information as the Secretary
may require.
``(2) Contents.--Each Application shall--
[[Page H1269]]
``(A) identify each local educational agency partner and
describe each such partner's responsibilities (including how
they will be involved in planning and implementing the
program, what resources they will provide, and how they will
ensure continuity of student progress from elementary school
to the postsecondary level); and
``(B) describe how the applicant will support and continue
the program after the grant has expired, including how it
will seek support from other sources, such as State and local
government, foundations, and the private sector.
``(d) Uses of Funds.--Funds awarded under this section
shall be used to develop and implement programs consistent
with the purpose of this section by carrying out one or more
of the following activities:
``(1) To recruit highly qualified teachers in critical
foreign languages and professional development activities for
such teachers at the elementary through high school level.
``(2) To provide innovative opportunities for students that
will allow for critical language learning, such as immersion
environments, intensive study opportunities, internships, and
distance learning.
``(e) Matching Requirement.--Each grantee under this
section shall provide, from non-Federal sources, an amount
equal to 100 percent of the amount of the grant (in cash or
in kind) to carry out the activities supported by the grant.
``(f) Evaluation.--The Secretary shall evaluate the
activities funded under this section and report the results
of the evaluation to the appropriate Committees of Congress.
``(g) Definition.--As used in this section the term
`critical foreign language' has the same meaning given such
term under section 428K(h)(2).
The Acting CHAIRMAN. Pursuant to House Resolution 741, the
gentlewoman from Washington (Miss McMorris) and a Member opposed each
will control 10 minutes.
The Chair recognizes the gentlewoman from Washington.
Miss McMORRIS. Mr. Chairman, I yield myself such time as I may
consume.
Mr. Chairman, I rise today to support the McMorris-Holt-Dreier
American Competitiveness amendment to H.R. 609.
We are pleased to offer this amendment that follows up on the
President's State of the Union proposal to enhance America's leadership
in science and technology. I applaud his American Competitiveness
Initiative which recognizes the need for a well-educated and skilled
workforce.
This amendment offers us the ability to grow our economy while
retaining our cutting-edge placement as a leader in science and
technology. I praise the President for his leadership on this issue,
and my colleagues, and look forward to continuing to work on these
issues that strengthen America and America's future.
The McMorris-Holt-Dreier amendment is an important step in promoting
that educational achievement and economic productivity. This amendment
is very much a collaboration between business and education,
Republicans and Democrats. It is supported by numerous groups,
including the U.S. Chamber of Commerce, National Association of
Manufacturers, the Business Roundtable and the Information Technology
Industry Council.
They all recognize the need to enhance America's competitiveness.
Today, over half of China's undergraduate degrees are in math, science
technology and engineering, yet only 16 percent of America's
undergraduates pursue these schools.
In 2002, foreign nationals accounted for over half of all engineering
and math doctorates, and almost half of all computer science
doctorates. If current trends continue, by 2010, more than 90 percent
of all scientists and engineers will be living in Asia, not the United
States.
To meet the demands of an increasingly advanced global market, we
must better train and equip our Nation's workforce. As we consider the
College Access and Opportunity Act, H.R. 609, we will have the chance
to take a critical step in that direction.
This amendment supports the College Access and Opportunity Act by
allowing existing funds to be used to increase the number of teachers
qualified to teach advanced placement courses. It also customizes the
Byrd Honors Scholarship Program, which provides scholarships to
students pursuing an undergraduate or graduate degree in science,
mathematics or engineering, by authorizing adjunct teacher
opportunities and critical foreign language activities.
The amendment we have submitted would build on these activities by
authorizing the Secretary of Education to award grants to recruit and
place well-qualified individuals to serve as adjunct teachers in
secondary school mathematics, science, and critical foreign language
courses.
We need to tap the resource of current and retiring science and math
professionals that have both content mastery and the practical
experience to serve as effective teachers. We need to ensure that our
rural and small schools have the support they need to train and equip
our young people.
In eastern Washington, our high-tech companies, such as ISR in
Liberty Lake, have stressed that they must have access to a trained
workforce in order to remain competitive in the global economy. Rural
schools in my district also face difficulties in obtaining qualified
teachers to teach math, science and foreign language courses.
Jenkins High School in Chewelah received national recognition as a
Blue Ribbon School, the only high school in Washington State to receive
this national award for academic achievement. This school is still
working toward the goal of ensuring that highly qualified teachers are
in the classroom, and this amendment will help them meet that need.
The Adjunct Teachers Corps will draw on the skills of well-qualified
individuals with subject matter expertise to help meet specialized
teaching needs in our Nation's secondary schools.
Math and science fields are not the only areas where we see the
United States lagging behind. Less than 1 percent of American high
school students study the critical foreign languages of Arabic,
Chinese, Japanese, Korean or Russian, combined. This amendment meets
this need by authorizing the Secretary to award grants for teacher
preparation programs in critical foreign languages and activities that
will enable successful students to advance from elementary school
through college to achieve proficiency in those languages.
I believe, by offering our students access to well-qualified teachers
and encouraging them to participate in math, science and foreign
language, our country and our 21st-century workforce will be better
prepared to compete in the global marketplace.
Join us in supporting legislation to increase America's
competitiveness. We urge you to vote ``yes'' on this amendment and
``yes'' on H.R. 609.
Mr. Chairman, I reserve the balance of my time.
Mr. HOLT. Mr. Chairman, I ask to claim time in opposition.
The Acting CHAIRMAN. Does the gentleman oppose the amendment?
Mr. HOLT. No, Mr. Chairman.
The Acting CHAIRMAN. Without objection, the gentleman will control
the time in opposition.
There was no objection.
The Acting CHAIRMAN. The Chair recognizes the gentleman from New
Jersey.
Mr. HOLT. Mr. Chairman, indeed I am not opposing this amendment. In
fact, I am joining the gentlewoman in this amendment and working with
her, and I hope we will continue to work to perfect the amendment. It
is particularly important that we do this.
The National Academy of Science's report, for example, ``Rising Above
the Gathering Storm''; the Glenn Commission's report, ``Before It's Too
Late''; and many others point out the need for greater content
knowledge in the areas of math and science.
There are also reports that make it clear that we need greater
content knowledge in foreign languages. Our national deficiency in
foreign languages is affecting the ability of American businesses to
compete overseas and really compromising our very national security.
{time} 1345
I think we hardly need spend time arguing the need for content
knowledge in math, science and foreign languages.
The question is, what are we going to do about it? Well, this
amendment seeks to address that. It seeks to bring content specialists.
In the amendment, we call them adjunct teachers. These are content
specialists who will come to the classroom to make up for some of that
deficiency that is all too real in schools across the country.
The amendment also establishes something that is in the legislation
[[Page H1270]]
that I had introduced separately known as a K-16 Critical Language
Pipeline. It will provide for instruction in foreign languages from
kindergarten through university, a course across the curriculum.
Having been a teacher, a science teacher myself, I am well aware that
the knowledge of a subject is only one part of helping students learn.
Being an effective teacher is much more than that. This bill, this
amendment to the bill, intends to bring experts into the classroom, but
it recognizes these are not yet full-fledged teachers.
An adjunct teacher cannot be pulled from the job and immediately
placed into the classroom and expect to do as well as an experienced
teacher. They will need supervision. They will need training, first of
all, and then supervision by experienced teachers, but it will raise
the level of achievement in the classroom. These content specialists,
with appropriate training, appropriate supervision and preparation,
will be, I think, an important way of addressing this content need.
I want to emphasize that the adjunct teacher core program is not
about replacing teachers. Schools that are in need of applying for
these grants will design their program to suit their local needs, and
the applications require that stakeholders in education participate as
well.
I look forward to working with the author of this bill and the Chair
of the committee as this legislation moves through a process to perfect
it.
Mr. Chairman, I reserve the balance of my time.
Miss McMORRIS. Mr. Chairman, I yield 3 minutes to the gentleman from
California (Mr. Dreier).
Mr. DREIER. Mr. Chairman, I thank my friend from Washington for
yielding. I would like to congratulate her on her great commitment when
it comes to this issue of America's competitiveness. We all know that
President Bush stood right here in this Chamber and, in his State of
the Union message, talked about the need to ensure that the United
States of America remains competitive.
I believe that, frankly, that vision that the President put forward
is really one of the underlying priorities and the reason for us with
this legislation to continue to pursue it.
If we look at the economic standing that the United States of America
has today with a 4.8 percent unemployment rate, GDP growth last year
that was at 3.5 percent, 4.8 percent projected GDP growth for the first
quarter of this year, and the fact that household net worth has jumped
8 percent in the last calendar year, that being in 2005, to a level of
$52 trillion and recognition contrary to what we often hear around
here, prosperity has improved in virtually every single demographic
bracket.
What does it say? It says that we as a country are doing something
that is right.
One of the things that we learned throughout our Nation's history and
one of the things that we clearly learn with the vision that is put
forth with this amendment that Miss McMorris is offering is we cannot
sit on our laurels. We cannot as a Nation be complacent with all of
those great things that we are able to point to, that we have
accomplished in the last several years when it comes to economic growth
and our competitiveness in the world.
What we need to do is we need to make sure that we have policies that
keep us on the cutting edge. Nothing is more important in pursuit of
that policy than our ensuring that we have the best quality education,
the best teachers, and that we pursue science, technology, engineering
and math, the so-called ``stem package.'' I believe that is exactly
what we are trying to do with this amendment. I hope very much that we
are able to see strong bipartisan support for this.
As I said when I stood here earlier today, I hope very much that we
will be able to see strong bipartisan support for this underlying
legislation. I congratulate my friend for her fine work.
Miss McMORRIS. Mr. Chairman, I yield 1\1/2\ minutes to the gentleman
from Virginia (Mr. Cantor).
Mr. CANTOR. Mr. Chairman, I thank the gentlewoman and I would like to
commend her, too, on her leadership in bringing this amendment forward
along with the gentleman from New Jersey as well as the Rules Chairman
from California.
I think it is important to note that there is a cry of unison here
that we all must stand for the continued expansion of our American
economy, the continued leadership of this country. It is my opinion we
should hold as a goal that we should double this economy of ours in the
next 10 years.
The way to do that is to promote math and science education. We have
all seen the evidence of the fact that our competition is leaping ahead
of us in terms of graduating math and science PhDs and other graduate
students. We have got to get back in the game. This amendment will
allow us to do just that. It will strengthen our ability to compete in
the 24-7 global economy. I am glad to hear the other side, and the
gentleman from New Jersey indicate that this will increase the level of
discourse and discussion in the classroom by the participation of
adjunct faculty.
This amendment does not create a new program. Rather, it is an
innovative, fiscally responsible approach that overhauls and updates an
existing program.
Over time, it will increase the number of science, technology,
engineering and math graduates in America. I commend the gentlewoman
for her leadership.
Mr. HOLT. Mr. Chairman, I yield 4 minutes to the gentleman from
Wisconsin (Mr. Kind).
Mr. KIND. Mr. Chairman, I thank my friend from New Jersey (Mr. Holt).
I want to rise to speak in favor of this amendment and commend my
colleagues for coming together in a bipartisan fashion to recognize one
of the more urgent needs that we have as a Nation to prepare for the
global competition that our children and grandchildren will face in the
21st Century.
I think this is a very responsible amendment in light of recent
reports that we have had a chance to decipher and analyze, as members
of the education committee, from virtually all sectors of business in
this country, the National Academy of Sciences have weighed in on an
extensive study about the need for us to ramp up our investment in
math, science, engineering, technology.
What this amendment also recognizes is the critical link between
foreign language studies and those entering the fields of math and
science, which is growing even more critical given the complex,
interdependent economic relationship that we have with so many people
and so many countries and so many businesses throughout the world.
This is a critical need that this amendment recognizes and speaks to.
I want to especially commend my friend from New Jersey for the
leadership that he has provided, not only to those of us on the
committee but for the entire Congress, given his background and
qualifications and expertise to speak on the subject of content
knowledge in math, science and engineering.
He can correct me if I am wrong, but I think one of his campaign
bumper stickers that his volunteers and supporters were fond of handing
out was that their Congressman is a rocket scientist. And we have had
the pleasure of benefiting from that knowledge on the committee. And he
along with Mr. Ehlers have been tireless in their advocacy for us to do
more as an institution to ramp up the fields of study of math and
science and engineering.
This is, as Mr. Dreier indicated, consistent with one of the calls
the President made in the State of the Union address with the American
Competitiveness Initiative. That is something that I hope we all can
come together in a bipartisan fashion to support and move forward on,
not just in a passing authorizing language but also the important
appropriation in the funds to back up these programs.
The other issue that Mr. Holt spoke to that I think is very important
too is in regards to the adjunct teachers envisioned under this
legislation. Teaching is different from private life. You just cannot
pluck someone off the street no matter how good and no matter how
knowledgeable they are in the realm of business or in the research
labs, put them in a classroom and expect them to work miracles with the
students. We are hoping as we move forward with this legislation, if it
is accepted, that there be pre-in-service training and screening with
these adjunct teachers before they enter the classroom, before they
start working with these kids at such a crucial developmental age.
[[Page H1271]]
We have a long way to go as a Nation in light of the current trends
around the globe. Many of us on the Education Committee last year had a
chance for a couple of weeks to do a higher education tour of China to
see where they are going. China and India are clearly two nations that
are going to be very significant and influential in world events in the
21st century. We are already starting to see that influence today.
China is a country that is not content with just being good at
copying and mass producing. They want be on the cutting edge of
scientific and medical and technological discoveries. We need to
recognize that in light of the competition it will pose to our students
in the 21st century and be willing to support bipartisan amendments
like this in order to makes these steps to advance the cause of
critical content knowledge in these critical fields that will hopefully
enable us to retain our leadership in being the most innovative and
creative nation in the world.
Again, I commend my colleagues for their leadership and vision on
this amendment. I hope the rest of our colleagues will support it.
Miss McMORRIS. Mr. Chairman, I reserve the balance of my time.
Mr. HOLT. Mr. Chairman, I yield 1\1/2\ minutes to the gentleman from
Michigan (Mr. Ehlers) who, with me, comprises the Bipartisan Physicist
Caucus.
Mr. EHLERS. Mr. Chairman, I thank my fellow physicist for yielding.
I rise with great pleasure to support this amendment. For 12 years I
have been fighting within this chamber for improved math and science
education, and I am delighted to see other individuals offering similar
amendments, and that I am not the only one doing so.
I congratulate the gentlewoman from Washington State. This is
precisely what we need. We must address this issue if we are going to
remain competitive. I recognize full well that we are at this time
quite competitive; but the Chinese and the Indians 20 years ago started
a program to teach their children math and science. They did it well,
and they have now become major competitors of us. If we do not get on
the ball and once again get to the top in competing with them on math
and science education, so that we are producing scientists, engineers,
technicians, and mathematicians who can compete worldwide, then we will
lose the competitiveness battle.
I am absolutely delighted the President had proposed the American
Competitiveness Initiative. This amendment will be an important
component of the President's initiative, along with the other things we
have done in this bill and in other bills to improve math and science
education in this country.
So thank you again to the gentleman from New Jersey for yielding me
time. I commend him and the gentlewoman from Washington for initiating
this amendment.
Mr. HOLT. Mr. Chairman, I yield myself the balance of my time.
I thank the gentlewoman from Washington for working with me on this
amendment. It does address an important need that you have heard over
and over again. It hardly bears repeating that we have a need in the
schools for content specialists in science, in mathematics, in foreign
languages. This will go part way toward addressing this need. And I
think it will be an important test of the K-16 Language Pipeline
Program and I think it will be an important exercise in seeing how we
can bring this expertise into the schools without disrupting the
schools, without displacing the trained teachers. We will do it in a
way so that the specialists will learn the pedagogy and will be drawn
into the full system so that the students will benefit, not just in the
subject matter but in the pedagogy.
Mr. Chairman, I yield back the balance of my time.
{time} 1400
Miss McMORRIS. Mr. Chairman, I yield myself the balance of the time.
Mr. Chairman, I want to thank Mr. Holt for working with me on this
amendment. It is an important issue that we are addressing in this
country in a bipartisan fashion. I also want to recognize Mr. Ehlers
and his work as the math-science expert in Congress and his tremendous
leadership in this area.
We need to be working together to make sure that America remains
competitive.
Miss McMORRIS. Mr. Chairman, I would like to enter the following
letters from the Chamber of Commerce of the United States, the Business
Roundtable, TechNet, the Information Technology Industry Council, and
the American Chemical Society which state support for the McMorris-
Holt-Dreier American Competitiveness Initiative, into today's
Congressional Record.
Technet,
Washington, DC, March 29, 2006.
Hon. Cathy McMorris,
House of Representatives,
Washington DC.
Hon. Rush Holt,
House of Representatives,
Washington, DC.
Dear Representatives McMorris and Holt: TechNet is proud to
lend its support to the ``American Competitiveness
Amendment'' you will offer to the College Access &
Opportunity Act, H.R. 609, this week. Maintaining our
competitive edge is largely dependent upon a highly educated
and skilled workforce, and your efforts to improve teaching
and learning in our Nation's classrooms will help prepare
today's students to be tomorrow's innovators.
As you know, TechNet is the bipartisan, political network
of chief executive officers promoting the growth of
technology and the innovation economy. TechNet's members
represent more than one million employees in the fields of
information technology, biotechnology, e-commerce and
finance. TechNet is committed to working with Congress and
the Administration to ensure the United States remains the
world leader in economic and technological innovation.
Today, we face the reality that the demand for the best and
brightest minds has become highly competitive and global in
scope. With Congress and the Administration offering numerous
proposals for tapping America's potential and maintaining our
competitive edge, your amendment to H.R. 609 is a timely and
critical supplement to private sector investments for
improving educational opportunities for students and
teachers.
The ``American Competitiveness Amendment'' to H.R. 609 not
only authorizes resources to improve teacher quality, it
helps address the long term challenge of encouraging more
young people here in the U.S. to pursue careers in science,
technology, engineering and math, STEM. In short, with so
many countries beginning to recognize their own economic
development potential, the United States can no longer take
its current leading position for granted.
We look forward to working with you and your staff to
advance our shared goals of ensuring our nation's economic
strength, growth and vitality.
Sincerely,
Lezlee Westine,
President & CEO.
____
Information Technology Industry
Council,
Washington, DC, March 27, 2006.
Hon. Dennis Hastert,
Office of the Speaker,
Washington, DC.
Dear Mr. Speaker, On behalf of the Information Technology
Industry Council, I would like to thank you for your
leadership in bringing H.R. 609, the College Access and
Opportunity Act to the floor for consideration. It is our
understanding Representative Cathy McMorris intends to offer
an amendment that will drive improvements in math and science
education and, ultimately, strengthen America's competitive
position in the global economy. ITI strongly supports the
McMorris amendment and we anticipate scoring it in our 109th
Congress High-Tech Voting Guide.
The United States is the most technologically and
scientifically advanced country in the world, and our
distinction as the global leader in innovation is driven by
the ingenuity of our American scientists and engineers. The
McMorris amendment will help sustain our position as the
world leader by incorporating portions of the President's
American Competitive Initiative to encourage advanced
placement classes in high schools, create an adjunct teacher
corps for middle and high schools, and enhance loan
forgiveness programs.
We applaud your efforts to strengthen math and science
education, and we encourage you to contact us if we may be of
any assistance.
Best Regards,
Rhett Dawson,
President, Information Technology
Industry Council.
____
American Chemical Society,
Washington, DC, March 29, 2006.
Hon. Cathy McMorris,
House of Representatives,
Washington, DC.
Dear Congresswoman McMorris: On behalf of the American
Chemical Society, ACS, I am writing to thank you for your
leadership in offering a bi-partisan floor amendment, the
McMorris Amendment, to the College Access and Opportunity
Act, H.R. 609, that would authorize the Department of
Education to conduct the Adjunct Teacher Corps and Advanced
Placement programs proposed by the President's American
Competitiveness Initiative. The innovative, fiscally
responsible approach your amendment would take comes at a
time when the math and science education are a central focus
of a vigorous national debate about future U.S. capacity for
innovation and global competitiveness.
[[Page H1272]]
As you may know, the ACS is a nonprofit scientific and
educational organization, chartered by Congress in 1938, with
more than 158,000 chemical scientists and engineers as
members. The world's largest scientific society, ACS advances
the chemical enterprise, increases public understanding of
chemistry, and brings its expertise to bear on state and
national matters.
Throughout our Nation's history, American economic and
technological strength has been built upon a large and
highly-skilled domestic workforce of scientists, technicians,
engineers, and mathematicians--the STEM workforce. A strong
and growing consensus has emerged in the business, education,
and scientific communities that our Nation's future economic
prosperity and national security will increasingly depend on
our ability to better educate our young people in math and
science and to attract more of our best and brightest
students into technological careers. To keep with our global
competitors, we must step up our investment in math and
science education.
We applaud your efforts to improve math and science
education and your leadership on this issue. The American
Chemical Society stands ready to work with you and others to
make sure our children have the math and science skills that
will enable our Nation to remain the world's most innovative.
Sincerely,
E. Ann Nalley.
____
Chamber of Commerce
of the United States of America,
Washington, DC, March 27, 2006.
Hon. Cathy McMorris,
House of Representatives,
Washington, DC.
Dear Representative McMorris: On behalf of the U.S. Chamber
of Commerce, the world's largest business federation
representing more than three million businesses and
organizations of every size, sector and region, I write to
express the Chamber's support of your American
Competitiveness Amendment to H.R. 609, the College Access and
Opportunity Act of 2006, which would reauthorize the Higher
Education Act, HEA, of 1965. Your amendment and the enactment
of this bill are critical in strengthening U.S. education
performance and workforce competitiveness in the worldwide
economy.
The U.S. Chamber of Commerce has long recognized the
important role of quality education and workforce investment
in keeping business successful and the American economy
competitive. Yet the demographics of the impending
retirements of the baby-boom generation and the current
recognized skill shortage in the American workforce cause us
to raise the priority of these issues to a new level. In the
knowledge-based, global economy of the 21st century, the U.S.
Chamber acknowledges that, working together, educators,
business, and government at all levels must do better.
The Chamber's goals, and we believe, our Nation's goals,
must be to prepare our students to be ``college ready and
workforce ready''. Many new jobs will require more technical
skills and a greater understanding of math and science--
subjects in which American students fail to show a suitable
level of competence or even interest. If America is to remain
competitive, we need to expand the workforce and restore
excellence in education and science. As a result, several
months ago, the U.S. Chamber, along with other business
organizations, began an initiative called Tapping America's
Potential, which calls for the doubling of America's number
of science, technology, engineering and math graduates by
2015. We believe that to succeed in today's economy, there
must be a collaborative effort among government, education
institutions, employers and business.
In its commitment to reducing the education achievement
gap, the Chamber supports your amendment and the goals behind
it, and we look forward to working with you on this issue and
in the future.
Sincerely,
R. Bruce Josten.
____
Business Roundtable,
Washington, DC, March 29, 2006.
Hon. Cathy McMorris,
House of Representatives,
Washington, DC.
Dear Congresswoman McMorris: On behalf of Business
Roundtable, I commend you for introducing your American
Competitiveness Amendment to the College Access and
Opportunity Act, H.R. 609. Business Roundtable,
www.businessroundtable.org, is an association of chief
executive officers of leading U.S. companies with over $4.5
trillion in annual revenues and more than 10 million
employees. They are technology innovation leaders, with $86
billion in annual research and development spending--nearly
half of the total private R&D spending in the U.S.
Maintaining U.S. scientific and technological leadership is
essential to our national security, economic growth and high
standard of living. Innovation has fueled America's economic
growth and extraordinary productivity gains of the last
several decades. Although our capabilities are strong today,
we are not making the strategic investments needed to keep
pace with the rapidly improving capacity of our foreign
competitors.
A world-class workforce is critical to our future success.
Especially important are the scientists and engineers who
will develop the next generation of technologies, push the
frontiers of new discoveries and make critical scientific
breakthroughs. But we face real challenges:
Fewer students are pursuing degrees in these critical
disciplines;
The retirement of the baby boom generation will deplete the
current science and engineering workforce by more than 50
percent; and
U.S. high school students perform near the bottom in
international assessments of math skills.
For precisely this reason, 15 national business
organizations, led by Business Roundtable, issued the
``Tapping America's Potential'', TAP, report in July 2005.
The report included five overall recommendations:
Build public support for making science, technology,
engineering and math improvement a national priority;
Motivate U.S. students and adults to study and enter
science, technology, engineering and mathematics careers,
with a special effort geared to those in currently
underrepresented groups;
Upgrade K-12 math and science teaching to foster higher
student achievement;
Reform visa and immigration policies to enable the U.S. to
attract and retain the best and brightest science,
technology, math and engineering students from around the
world to study for advanced degrees and stay to work in the
U.S.; and
Boost and sustain funding for basic research, especially in
the physical sciences and engineering.
The McMorris Amendment updates Federal student aid and
teacher training provisions by enabling funds to be used for
training advanced placement teachers and creating adjunct
teacher positions in order to strengthen math and science
instruction in our schools. It makes sense for Congress to
ensure that existing Federal education programs are enhancing
national competitiveness as well as students' opportunities
to succeed in the 21st century.
Business Roundtable urges all Members of Congress to
support the McMorris Amendment to H.R. 609.
Sincerely,
John J. Castellani.
Mr. WILSON of South Carolina. Mr. Chairman, as the global economy
becomes increasingly competitive, Americans must have the skills and
knowledge necessary to compete against workers throughout the world.
Preparing American workers begins in American schools. If our
students fail to excel at math, science, and foreign languages,
tomorrow's generation of workers will simply not be able to overcome
the challenges of the international workforce.
My friend Congresswoman Cathy McMorris is addressing this issue by
offering fiscally responsible legislation to update the current Higher
Education Act provisions and adapt them to meet the needs of the 21st
century workforce. Specifically, this amendment will: Increase the
number of Advanced Placement teachers; recruit well-qualified Americans
to serve as adjunct teachers in high school math, science, and critical
foreign language classes; and establish competitive teacher preparation
programs to encourage students to advance from elementary school
through college while achieving proficiency in foreign languages.
I encourage all of my colleagues to support this visionary
legislation which will help American students, workers, and our
economy.
In conclusion, God bless our troops and we will never forget
September 11.
Miss McMORRIS. Mr. Chairman, I yield back the balance of my time.
The Acting CHAIRMAN (Mr. Davis of Kentucky). The question is on the
amendment offered by the gentlewoman from Washington (Miss McMorris).
The question was taken; and the Acting Chairman announced that the
ayes appeared to have it.
Miss McMORRIS. Mr. Chairman, I demand a recorded vote.
The Acting CHAIRMAN. Pursuant to clause 6 of rule XVIII, further
proceedings on the amendment offered by the gentlewoman from Washington
will be postponed.
Amendment No. 3 Offered by Mr. Burton of Indiana
Mr. BURTON of Indiana. Mr. Chairman, I offer an amendment.
The Acting CHAIRMAN. The Clerk will designate the amendment.
The text of the amendment is as follows:
Amendment No. 3 printed in House Report 109-399 offered by
Mr. Burton of Indiana:
At the end of title VI of the Amendment, add the following
new section:
SEC. ___. CONDITIONS ON PROGRAM GRANTS AND CONTRACTS.
Title VI of the Higher Education Act of 1965 (20 U.S.C.
1122) is amended by adding at the end the following new
section:
``SEC. 632. GIFT REPORTS BY RECIPIENT INSTITUTIONS.
``(a) Reporting by Institutions.--
``(1) Report required.--The Secretary shall require, as
part of the Integrated Postsecondary Education Data System
(IPEDS) annual data collection, that each institution
receiving funds under this title include the following data:
``(A) the total cost of establishing or operating a program
or center assisted under this title;
[[Page H1273]]
``(B) the names and addresses of all State and private
sector corporations, foundations, or any other entities or
individuals that contribute cash or any other property for
the institution, programs, or centers receiving funds under
this title;
``(C) the amount of cash or the fair market value of the
property that each contributor contributes to the
institution, programs, or centers receiving funds under this
title; and
``(D) the use made of each contribution by each such
contributor.
``(2) Deadline.--Any report under paragraph (1) shall be
made no later than such date as the Secretary shall require.
``(3) Consequences of failure to report.--In the case of
any institution from which a report is requested under
paragraph (1), if the Secretary does not receive a report in
accordance with the deadline established under paragraph (2),
the Secretary shall--
``(A) make a determination that the institution of higher
education has failed to make the report required by this
paragraph;
``(B) transmit a notice of the determination to Congress;
and
``(C) publish in the Federal Register a notice of the
determination and the effect of the determination on the
eligibility of the institution of higher education for
contracts and grants under this title.
``(b) Reports by Secretary.--The Secretary shall annually
prepare a report summarizing the information collected from
institutions of higher education under subsection (a)(1),
including all of the information required by subparagraphs
(A) through (D) of such subsection. The Secretary of
Education shall publish such report in the Federal Register
and transmit a copy of such report to the Committee on
Education and the Workforce of the House of Representatives
and the Committee on Health, Education, Labor, and Pensions
of the Senate.
``(c) Retrospective Information.--The data collected from
institutions of higher education under subsection (a)(1) in
the first submission after the date of enactment of this
section, and the Secretary's first report under subsection
(b), shall include the information required by subparagraphs
(B), (C), and (D) of subsection (a)(1) regarding
contributions made on or after September 11, 2001, and before
the end of the first reporting period under such
subsection.''.
The Acting CHAIRMAN. Pursuant to House Resolution 741, the gentleman
from Indiana (Mr. Burton) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from Indiana.
Mr. BURTON of Indiana. Mr. Chairman, I yield myself such time as I
may consume.
(Mr. BURTON of Indiana asked and was given permission to revise and
extend his remarks.)
Mr. BURTON of Indiana. Mr. Chairman, the war on terror goes beyond
just worrying about our borders and fighting in other parts of the
world against known terrorists.
Money from the Middle East has been coming into our universities in
large amounts to try to indoctrinate young American students into
taking a different position than our government has taken in fighting
the war against terrorists and terror around the world.
One of the things that I think is extremely important is that while
we are protecting first amendment rights for people to assemble and
express themselves, even if they do not agree with our government, we
ought to know where this money is coming from.
Millions and millions of dollars have been coming from Middle Eastern
interests into colleges and universities around this country, espousing
Middle Eastern positions and Middle Eastern studies. While not all of
these Middle Eastern study programs are a problem, some of them are
advocating the destruction of Israel and taking an opposing view to the
United States Government's in dealing with the war against terror.
I think it is extremely important, Mr. Chairman, that we have a
reporting policy so that we know where this money is coming from. I do
not believe we should cut off people's first amendment right to
assemble and discuss governmental policy, but I think we ought to know
where the money is coming from.
All this amendment does is, it says very clearly that if money comes
in from Middle Eastern interests or other interests around the world,
the colleges and universities need to put it on a reporting form. This
reporting form is also required once a year so we are not adding any
additional workload to the colleges and universities.
All we are saying is, if you are getting money from Middle Eastern
interests or other interests around the world, you have to report it.
That gives our government the ability to watch what is going on and
where the money is coming from, and if it is coming from proterrorist
organizations, we can track it. We think it is extremely important for
the protection of the United States and the security of the United
States.
It does not cost any money. This amendment costs no money. It imposes
no additional workload, and it does not violate the first amendment
rights of the people of this country.
What it does do is it says we are going to find out where the money
is coming from.
Mr. GEORGE MILLER of California. Mr. Chairman, will the gentleman
yield?
Mr. BURTON of Indiana. I yield to the gentleman from California.
Mr. GEORGE MILLER of California. Mr. Chairman, you said several times
``Middle Eastern.'' The fact of the matter is that any money from any
source would be reported; is that correct?
Mr. BURTON of Indiana. Yes.
Mr. GEORGE MILLER of California. We have read the amendment. We don't
have a problem with it and we support its passage.
Mr. BURTON of Indiana. Mr. Chairman, I urge my colleagues to support
this. I think it is a very important amendment.
Mr. NORWOOD. Mr. Chairman, I rise in strong support of the Burton
amendment. This commonsense reform requires colleges and universities
receiving Title VI funds to disclose contributions and gifts under a
publicly searchable database known as the Integrated Postsecondary
Education Data system.
I generally believe that institutions of higher learning ought to
focus their time and energy on the business of educating young people,
not complying with burdensome reporting requirements. However, this
particular case demands as much sunlight as humanly possible.
Over the last several decades, American students and faculty members
have been bombarded with a steady stream of rhetoric attacking American
foreign policy in the Middle East and throughout the world. Many refer
to this as the ``Blame America First'' philosophy that permeates
throughout college campuses and takes root in small yet influential
international studies programs.
And while the so-called ``intellectuals'' hired to staff these
programs are well within their rights to engage in important foreign
policy debates, it is important to note that much of this debate is
bought and paid for by, foreign entities that do not have American
interests in mind.
In fact, a wave of foreign money from oil-rich countries in the
Middle East, including Saudi Arabia, is directly responsible for
funding programs on college campuses that produce vicious rhetoric
attacking American foreign policy in the Middle East and the War on
Terrorism. These centers purportedly train teachers and professors,
supply materials, and often preach a radical anti-democratic and anti-
Semitic agenda in our classrooms at every level.
Allowing the American people to access information will help them
discern fact from fiction in the field of ``International Studies.''
The Burton amendment accomplishes this goal by giving average Americans
the ability to connect the dots. After all, if an oil-rich sheikh funds
a Middle East Studies program in the U.S. with millions of dollars, it
stands to reason he might have an ulterior motive.
The American people deserve a right to know.
Mr. BURTON of Indiana. Mr. Chairman, I yield back the balance of my
time.
The Acting CHAIRMAN. The question is on the amendment offered by the
gentleman from Indiana (Mr. Burton).
The question was taken; and the Acting Chairman announced that the
noes appeared to have it.
Mr. BURTON of Indiana. Mr. Chairman, I demand a recorded vote.
The Acting CHAIRMAN. Pursuant to clause 6 of rule XVIII, further
proceedings on the amendment offered by the gentleman from Indiana will
be postponed.
Amendment No. 4 Offered by Mr. Boustany
Mr. BOUSTANY. Mr. Chairman, I offer an amendment.
The Acting CHAIRMAN. The Clerk will designate the amendment.
The text of the amendment is as follows:
Amendment No. 4 printed in House Report 109-399 offered by
Mr. Boustany:
At the end of part B of title IX add the following new
section:
SEC. ___. STUDY OF RESIDENCY APPLICATIONS.
(a) GAO Study Required.--The Comptroller General shall
conduct a study to evaluate the decline, and any causes
thereof, in the number of individuals who have been accepted
into, or currently participate in, a
[[Page H1274]]
graduate medical education program or fellowship (or both) to
provide health care services that--
(1) requires more than 5 years of total graduate medical
training; and
(2) has fewer United States medical school graduate
applicants than total number of training and fellowship
positions.
(b) Deadline.--Not later than one year after the date of
enactment of this Act, the Comptroller General shall submit a
report on the study required by subsection (a) to the
Committee on Education and the Workforce of the House of
Representatives and the Committee on Health, Education,
Labor, and Pensions of the Senate, and shall make the report
widely available to the public. Additional reports may be
periodically prepared and released as necessary.
The Acting CHAIRMAN. Pursuant to House Resolution 741, the gentleman
from Louisiana (Mr. Boustany) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from Louisiana.
Mr. BOUSTANY. Mr. Chairman, I yield myself such time as I may
consume.
Mr. Chairman, I am proposing an amendment to H.R. 609, the College
Access and Opportunity Act of 2005, along with the gentleman from New
Jersey (Mr. Andrews), my good friend.
The amendment that I am proposing would require a GAO study to
evaluate and determine the reasons for the decline in the number of
medical school graduates entering residency programs lasting more than
5 years.
This amendment complements a study currently in H.R. 609 that the
gentleman from Georgia (Mr. Price) has already offered. The gentleman
from Georgia's proposal looks at student indebtedness. My amendment
looks beyond that, and I am interested in identifying other primary
reasons that students pick certain medical specialties.
In my experience and conversations with medical students, I found
that student loan debt is certainly an important consideration, but
other factors that might include length of residency training,
locations to obtain training, salary issues, shortages or surpluses in
certain medical specialties also play a role.
The concern among many health professionals is that certain
specialties or subspecialties will have shortages in health
professionals in the coming years. This could create a significant
health access crisis that could take years to overcome because of
workforce shortage.
Mr. Chairman, I believe this study that I am proposing, along with my
colleague from New Jersey, and with Representative Price's study will
help provide evidence and alternatives for Congress to consider to
ensure that we are taking steps to support education for critically
needed health care professionals.
At this time, I also want to thank the Rules Committee and Chairman
McKeon for considering this amendment, and I urge my colleagues to
support the amendment.
Mr. Chairman, I reserve the balance of my time.
Mr. GEORGE MILLER of California. Mr. Chairman, I claim the time in
opposition, even though I am not opposed to the amendment.
The Acting CHAIRMAN. Without objection, the gentleman from California
is recognized for 5 minutes.
There was no objection.
Mr. GEORGE MILLER of California. Mr. Chairman, I yield such time as
he may consume to the gentleman from New Jersey (Mr. Andrews).
Mr. ANDREWS. Mr. Chairman, I thank my friend for yielding me the
time. I thank him, Mr. Kildee, Chairman McKeon, and Chairman Boehner
before him, for their help in bringing this legislation to the floor.
It is a pleasure to work with my friend from Louisiana on this issue.
I think this issue addresses a poorly thought-up health care policy
we have in this country, which is to say that we want to discourage
people from going into certain aspects of health care professions
because we have a mismatch between the amount of debt they need to earn
their education in that area and the amount of money they are going to
make to pursue that area. A lot of critical specialties in the health
care field, in the physician field especially, are underserved because
the students cannot make that mismatch work in their lives.
The choice between incurring six-figure debt, which is typical of
medical students, and then spending 5 years or more in a residency
program that thoroughly underpays you and thoroughly overworks you is a
policy which is driving people out of some very important, needed
specializations.
My friend and I bring this to the floor as a hypothesis. What we want
the GAO to do is to test that hypothesis and to look at the reasons why
people are underenrolling in long-term residency programs. Mr.
Chairman, I would be very surprised if the finding was anything other
than the fact that the amount of debt that students are incurring is a
major factor in their decision to avoid these longer-term residencies.
This is particularly important at a time when pediatric health and
geriatric health are such huge issues in this country. Many of these
specialties overlap with the care of our very young, prenatal and
pediatric patients, and our elderly who are dealing with increasing
issues of Alzheimer's, dementia and other problems.
So at a time when we most need people in these areas of
specialization and when their residency, by definition, must be
extended so we can truly learn the field, we are driving young
physicians out of these fields because of this mismatch between student
debt and the relatively meager income.
I thank my friend from Louisiana for working with us on this measure.
I look forward to the GAO finishing its work; and hopefully, Mr.
Chairman, we can have a bipartisan effort down the road to make loan
programs more robust and more reasonable from the point of view of
students, so that we can proceed with that.
I thank my friend from California for the time.
Mr. BOUSTANY. Mr. Chairman, I yield myself such time as I may
consume.
I thank my colleague again for bringing up some very important issues
that will relate to access, particularly as we see an aging population
who will require these specialty services, and certainly, we are going
to have some projected shortages.
I believe this GAO study will play an instrumental role in helping to
define why we are looking at some of these shortages over and beyond
indebtedness, but also help us clarify what that degree of indebtedness
would be.
Mr. Chairman, I am very pleased to yield 1 minute to my friend from
Florida (Mr. Keller).
Mr. KELLER. Mr. Chairman, I thank the gentleman for yielding.
Two of the specialties that we are talking about, really, are
neurosurgery and thoracic surgery. There certainly is a shortage of
neurosurgeons in my area in central Florida, and that is a big deal for
someone who is in a car crash, for example, and is taken to a trauma
center and needs appropriate and immediate assistance from a
neurosurgeon within the first key hour.
Now, why is it that we have fewer neurosurgeons? Is it that it is so
expensive? Is it that the specialty is so difficult? Is it that the
insurance premiums they pay are too high? I do not have the answers
today, but I do know this is a problem worth studying, and so I
strongly support Dr. Boustany's amendment and urge my colleagues to
also support it.
Mr. GEORGE MILLER of California. Mr. Chairman, I yield back the
balance of my time.
Mr. BOUSTANY. Mr. Chairman, I yield back.
The Acting CHAIRMAN. The question is on the amendment offered by the
gentleman from Louisiana (Mr. Boustany).
The amendment was agreed to.
Amendment No. 5 Offered by Mr. Boustany
Mr. BOUSTANY. Mr. Chairman, I offer an amendment.
The Acting CHAIRMAN. The Clerk will designate the amendment.
The text of the amendment is as follows:
Amendment No. 5 printed in House Report 109-399 offered by
Mr. Boustany:
Page 189, after line 12, insert the following new
subparagraph (and redesignate the succeeding subparagraph
accordingly):
``(I) Medical specialists.--An individual who--
``(i) has received his or her degree from an accredited
medical school (as accredited by the Liaison Committee on
Medical Education or as defined by this title IV); and
``(ii)(I) has been accepted to, or currently participates
in, a graduate medical education training program or
fellowship (or
[[Page H1275]]
both) to provide health care services (as recognized by the
Accreditation Council for Graduate Medical Education); or
``(II) has been accepted into, or currently participates
in, a graduate medical education program or fellowship (or
both) to provide health care services that--
``(aa) requires more than 5 years of total graduate medical
training; and
``(bb) has fewer United States medical school graduate
applicants than the total number of training and fellowship
positions available in the programs specified in subclause
(I) of this clause.
The Acting CHAIRMAN. Pursuant to House Resolution 741, the gentleman
from Louisiana (Mr. Boustany) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from Louisiana.
Mr. BOUSTANY. Mr. Chairman, I yield myself such time as I may
consume.
Mr. Chairman, I am offering an amendment, along with the gentleman
from New Jersey (Mr. Andrews), again to the bill H.R. 609, and this
would add language to section 421, the Loan Forgiveness for Service in
Areas of National Need.
Currently, this section makes eligible for student loan forgiveness
workers in several important jobs and one health care-related field,
nursing. My amendment would make eligible for loan forgiveness those
medical residents that are entering a program lasting more than 5 years
and are entering a field that is facing a shortfall in filling those
residency positions.
This amendment will provide medical students with a reason to
consider other medical specialties that require more training. Many
medical specialties require 3 or 4 years of training. However, there
are certain specialties and subspecialties that require more training
after the initial program. For instance, in my case, as a thoracic
surgeon, I trained 5 years in general surgery and then another 3 years
in thoracic surgery to become a cardiothoracic surgeon.
Current law only provides loan deferment for 3 years. For certain
medical specialties, that means while students are in the middle of
their residency they are paying back student loans. For many medical
students, this is a concern and a reason to not pursue certain medical
careers.
In the case of cardiothoracic surgery, there are currently about 20
open slots in these residency programs this year, and as each year goes
by, we see fewer and fewer of these positions being filled.
The situation is similar in other specialties, as mentioned earlier
with neurosurgery and certain subspecialties of plastic surgery.
{time} 1415
These are specialties that provide vital care to seniors, critically
ill patients, and other vulnerable populations. If this trend
continues, it will lead to a lack of health care access for seniors,
critically ill patients and other vulnerable populations. These
patients may see a doctor but not necessarily one that has the
experience and adequate training to provide the latest and most
effective care. My amendment aims to prevent this decline in health
care access by providing a small incentive for medical students to
enter these professions with a critical need.
Again, I want to thank the Rules Committee and Chairman McKeon for
considering this amendment. I urge my colleagues to support this, and I
also want to thank my colleague from New Jersey who has offered his
support as well.
Mr. Chairman, I reserve the balance of my time.
Mr. GEORGE MILLER of California. Mr. Chairman, I ask unanimous
consent to claim the time, but I am not opposed to the amendment.
The Acting CHAIRMAN (Mr. Davis of Kentucky). Without objection, the
gentleman from California is recognized for 5 minutes.
There was no objection.
Mr. GEORGE MILLER of California. Mr. Chairman, I yield such time as
he may consume to the gentleman from New Jersey (Mr. Andrews).
Mr. ANDREWS. Thank you, Mr. Miller. I appreciate your help, I
appreciate your yielding the time, and I thank Mr. Kildee, Chairman
McKeon, Chairman Boehner before him, and I thank my friend from
Louisiana for offering this amendment.
This amendment recognizes that there is a public service value to the
work of residents who go into a complex and long-term residency in the
health care field. There is a recognition that these are individuals
who are contributing to the public good in two very important ways: the
first is the specialization with which they come out of school, which
is incredibly important for the health of our population. The second is
that in order to achieve those skills they are deferring their higher
earning years for a very, very considerable period of time, in excess
of 5 years.
These are people with families and household obligations who are
working very long hours, working at a very intense occupation and
specialization, and giving up a significant amount of wealth and
economic opportunity to do so. This is a public service, and it is
important to recognize the public benefit that comes from this.
So I think that Mr. Boustany's idea, in which I heartily join, of
requiring more than 5 years in the residency program in medical
specialties that have shortages recognizes the public service that
these men and women are providing and falls into the other categories
of occupations that are already recognized in the existing section 421
of the law.
I believe that this amendment will result in more talented young men
and women stepping forward and serving in critical and underserved
areas of health care in the country. This will result in an increase in
the quality of our health care in our system and a more moderate degree
of fairness in terms of loan forgiveness for the young men and women
who do so. These are folks who work very, very long hours and incur a
huge amount of debt and are foregoing and giving up benefits that other
families are receiving, and I think it is a worthy consideration for us
to extend this modest loan forgiveness under the right circumstances to
these men and women.
So I would urge a ``yes'' vote on this amendment.
Mr. GEORGE MILLER of California. Mr. Chairman, I yield back the
balance of my time.
Mr. BOUSTANY. Again, I thank my friend and colleague for his
comments. I just want to add some statistics with regard to
cardiothoracic surgery, for the record.
Currently, we have 3,500 practicing cardiothoracic surgeons in the
country. Last year, there were a total of 104 applicants for 139
residency positions. This year, as of this past Friday, there were only
76 applicants for these 139 positions. Current survey data indicates
that over the next decade we will have a 50 percent reduction in the
current cardiovascular surgery workforce as the workforce hits
retirement age.
Again, as we hit this aging population, the demographic tidal wave
that we are facing, we are not going to have heart surgeons that can
back up cardiologists in these hospitals providing life-preserving
care.
So, again, I believe this amendment is a very important addition to
H.R. 609. I appreciate my colleagues on the other side of the aisle
supporting this.
Mr. Chairman, I yield back the balance of my time.
The Acting CHAIRMAN. All time having expired, the question is on the
amendment offered by the gentleman from Louisiana (Mr. Boustany).
The amendment was agreed to.
Amendment No. 6 Offered by Mr. Castle
Mr. CASTLE. Mr. Chairman, I offer an amendment.
The Acting CHAIRMAN. The Clerk will designate the amendment.
The text of the amendment is as follows:
Amendment No. 6 printed in House Report 109-399 offered by
Mr. Castle:
Page 104, after line 2, insert the following new section
(and redesignate the succeeding section accordingly):
SECTION 205. NATIONAL TEACHER CORPS.
Title II (20 U.S.C. 1021 et seq.), as amended by section
204 of this Act, is further amended by adding at the end the
following:
``PART E--NATIONAL TEACHER CORPS
``SEC. 251. PURPOSES.
``The purposes of this part are--
``(1) to raise the number of highly accomplished recent
college graduates teaching in underserved urban and rural
communities in the United States;
``(2) to increase the number of school districts and
communities served by a nationally recruited corps of
outstanding new teachers; and
[[Page H1276]]
``(3) to build a broader pipeline of talented and
experienced future leaders in public education and education
reform.
``SEC. 252. DEFINITIONS.
``In this part:
``(1) In general.--The terms `highly qualified', `local
educational agency', and `Secretary' have the meanings given
the terms in section 9101 of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7801).
``(2) High need.--The term `high need', when used with
respect to a local educational agency, means a local
educational agency experiencing a shortage of highly
qualified teachers, as determined by the Secretary.
``SEC. 253. GRANT PROGRAM AUTHORIZED.
``The Secretary is authorized to award a grant to a highly-
selective national teacher corps to implement and expand its
program of recruiting, selecting, training, and supporting
new teachers. The grantee shall be a highly-selective
national teacher corps that--
``(1) focuses a national recruitment effort on recent
college graduates from all academic majors;
``(2) trains such graduates through intensive summer
institutes;
``(3) places such graduates as teachers in public schools
in school districts of high need local educational agencies
in urban and rural communities across multiple States; and
``(4) supports and measures the progress of such teachers
through intensive professional development.
``SEC. 254. GRANT REQUIREMENTS.
``In carrying out the grant program under this part, the
Secretary shall enter into an agreement with the grantee
under which the grantee agrees to use the grant funds--
``(1) to provide highly qualified teachers to high need
local educational agencies in urban and rural communities;
``(2) to pay the cost of recruiting, selecting, training,
and supporting new teachers; and
``(3) to serve a substantial number and percentage of
underserved students.
``SEC. 255. AUTHORIZED ACTIVITIES.
``Grant funds provided under this part shall be used by the
grantee to carry out each of the following activities:
``(1) Recruiting and selecting teachers through a highly-
selective national process.
``(2) Providing preservice training to selected teachers
through a rigorous summer institute that includes hands-on
teaching experience and significant exposure to education
coursework and theory.
``(3) Placing selected teachers in schools and positions in
high need local education agencies that serve a high
percentage of low-income students.
``(4) Providing ongoing professional development activities
for the selected teachers in the classroom, including regular
classroom observations and feedback, and ongoing training and
support.
``SEC. 256. EVALUATION.
``(a) Annual Report.--The grantee shall provide to the
Secretary an annual report that includes--
``(1) data on the number and quality of the teachers
provided to local educational agencies through the grant
under this part;
``(2) an externally conducted analysis of the satisfaction
of local educational agencies and principals with the
teachers so provided; and
``(3) comprehensive data on the background of the selected
teachers, the training such teachers received, the placement
sites of the teachers, the professional development of the
teachers, and the retention of the teachers.
``(b) Study.--The Secretary shall provide for a study
comparing the academic achievement of students taught by the
teachers selected, trained, and placed under this part with
the academic achievement of students taught by other teachers
in the same schools and positions. The Secretary shall
provide for such a study not less than once every 3 years,
and each such study shall include multiple local education
agencies. Each such study shall meet the peer-review
standards of the education research community.
``SEC. 257. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to carry out this
part $12,000,000 for fiscal year 2007 and such sums as may be
necessary for each succeeding fiscal year.''.
The Acting CHAIRMAN. Pursuant to House Resolution 741, the gentleman
from Delaware (Mr. Castle) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from Delaware.
Mr. CASTLE. Mr. Chairman, I yield myself such time as I may consume.
I am offering my amendment today with the cosponsorship of
Congressmen Regula, Osborne, Van Hollen, and Ford. I support H.R. 609,
and I believe with passage today we will be making some good reforms
for our institutions of higher learning, parents, and students.
This amendment is intended to build upon these reforms and extend
them into our Nation's elementary and secondary schools. Specifically,
our amendment would authorize funding to recruit, select, train and
support a national corps of outstanding recent college graduates of all
academic majors who commit to teach in low-income communities and who
hopefully become lifelong leaders for education.
An example of a national teach corps that would be eligible for this
funding would be Teach for America. This past summer I introduced
legislation which authorizes Teach for America. Currently, funding for
the program has been consistent but piecemeal. The purpose of the bill
and amendment, should the organization be awarded a grant, would be to
provide an efficient funding stream. Ultimately, this will help the
organization grow from its current membership of 3,500 corps members in
over 1,000 schools in 22 regions to 8,000 corps members teaching across
35 high-need communities.
The Teach for America legislation has the support of 145 cosponsors
spanning the political spectrum. The Senate has also expressed support
for the program and has included language in their reauthorization of
the Higher Education Act. It is my hope that today the House will show
our support by including this amendment to H.R. 609.
Support extends beyond Congress. This week I spent some time with
Secretary Spellings who mentioned the importance of encouraging
creative avenues to the classroom and specifically referenced Teach for
America. The First Lady has also taught in a Teach for America
classroom.
What we know to be true is that a highly qualified teacher is
imperative to the achievement of our students. This amendment will help
us to make that more possible across the country. A study by
Mathematica Policy Research showed that corps members effected greater
gains than would typically be expected in a year, especially in math.
This year, 19,000 individuals applied to Teach for America,
including, for example, 10 percent of the senior classes of Yale,
Dartmouth, and Spellman, and 7 percent of the senior class of Caltech.
A majority of these students then stay on in the classroom.
As we as a Nation continue to focus on closing the achievement gap, I
see no better complement than a national teacher corps. I encourage all
my colleagues to join me in supporting the Castle-Regula-Osborne-Van
Hollen-Ford amendment.
Mr. Chairman, I reserve the balance of my time.
Mr. GEORGE MILLER of California. Mr. Chairman, I ask unanimous
consent to claim the time, but I am not opposed to the amendment.
The Acting CHAIRMAN. Without objection, the gentleman from California
is recognized for 5 minutes.
There was no objection.
Mr. GEORGE MILLER of California. Mr. Chairman, I yield 4 minutes to
the gentleman from Maryland (Mr. Van Hollen).
Mr. VAN HOLLEN. Mr. Chairman, I thank my colleague, the ranking
member of the committee, and I am pleased to join with Mr. Castle and
my other colleagues in supporting this amendment, and I want to commend
the gentleman from Delaware for his leadership on this very, very
important issue.
I think it is vital in our Nation that we encourage more and more
young people graduating from college to go into the teaching
profession, to teach throughout our communities, but also to encourage
many of them to go into those communities where they are most needed,
where you have many more at-risk youth than others. That is what this
particular amendment does, and the Teach for America program is a great
example of this idea in action. If you look at their history, you see
it is one of making sure that we do do a better job of getting into
communities with these young teachers.
By 2010, Teach for America will increase the number of highly
accomplished recent college graduates teaching in underserved urban and
rural communities in the United States from 3,500 to 8,000 reaching
nearly 700,000 underserved kindergarten-12th grade students every day.
It recruits at over 500 colleges and universities across the country,
and this year 19,000 individuals of all academic majors applied for the
Teach for America program. They come from colleges all over the country
and are represented with the full geographic diversity of our Nation. I
am personally proud to say that 138
[[Page H1277]]
seniors from the University of Maryland system applied for the Teach
for America program.
And they do a great job of encouraging more people, as I said, to get
into the classroom. If you take a survey, and they did, 10 percent of
those who were accepted to the Teach for America program stated that
they would not have considered a career in education if they had not
participated in this program.
Currently, 60 percent of Teach for America's 10,000 alumni are
working within education to effect fundamental change. Last year's 2005
National Teacher of the Year was a Teach for America alum and is still
teaching math in the District of Columbia public school system, the
same school system he began in 8 years ago. So we want to encourage
these students as they graduate and become teachers to go into these
communities and then stay in those communities.
So I think, Mr. Chairman, in closing, I just want to again commend my
colleagues on both sides of the aisle for their efforts in this area. I
think it is a very, very important initiative and one that I commend to
all our colleagues in this House.
Mr. GEORGE MILLER of California. Reclaiming my time, Mr. Chairman, I
want to thank my colleagues for this amendment. I have had wonderful
experience with the Teach for America teachers in my congressional
district.
This past week I was up in the Lakota Nation on the reservations of
Rosebud and Pine Ridge, and met a number of Teach for America teachers
there and the coordinators. And I think in that case, we always talk
about them being for 2 years, I think almost 30 percent of the teachers
are planning to extend themselves for another year on those
reservations, in Indian and public schools on the Indian reservations,
and they are doing a magnificent job.
So I would urge the passage of this amendment and thank Mr. Castle,
Mr. Osborne, Mr. Ford, Mr. Regula and Mr. Van Hollen for offering this
amendment.
Mr. Chairman, I yield back the balance of my time.
Mr. CASTLE. Mr. Chairman, I yield 1\1/2\ minutes to the distinguished
gentleman from Ohio (Mr. Regula), the chairman of the appropriations
subcommittee on Labor, HHS, and Education.
(Mr. REGULA asked and was given permission to revise and extend his
remarks.)
Mr. REGULA. Mr. Chairman, I thank the gentleman for yielding me the
time, and I want to give great credit to Mr. Castle and the other
sponsors of this amendment because this is an important program. I also
want to mention Wendy Kopp. She was the person who had the vision to
start Teach for America, and it has had a tremendous impact. I won't go
over the same things you have heard already, but it is one of those
things that is making a difference in classrooms across this Nation.
As chairman of the Labor, HHS and Education, I have visited
classrooms with Teach for America teachers, and their enthusiasm, their
involvement has been terrific. I think it will be a great asset to our
Nation's education program to expand this and get more young people
involved. I am just a totally strong supporter of the whole program.
Mr. Chairman, I rise in strong support of this amendment. I believe
an investment in education is an investment in human capital.
Teachers are the heart and soul of education, and we must ensure that
every classroom has a good teacher. This amendment would authorize
funding to recruit, select, train and support a national corps of
outstanding recent college graduates of all academic majors who commit
two years to teach in low-income communities and become lifelong
leaders of education reform. This year, 19,000 individuals applied to
Teach for America and roughly 4,000 were selected to teach in schools.
As many of you know, America faces a growing shortage of qualified
math and science teachers. In a recent international assessment of 15-
year-olds' math problem skills, the United States had the smallest
percentage of top performers and the largest percentage of low
performers compared to the other participating countries.
I've long been a supporter of Teach for America and it is worth
noting that a highly regarded study by Mathematica Policy Research
showed that students taught by Teach for America corps made greater
gains than those of veteran, fully certified teachers.
As the U.S. economy becomes even more reliant on workers with greater
knowledge and technological expertise, it is incumbent upon us to
prepare our students to meet the future demands of the workforce.
As a former teacher, I am very impressed by the Teach for America
program and would urge strong support of my colleagues for this
amendment.
Mr. CASTLE. Mr. Chairman, I yield such time as he may consume to the
distinguished gentleman from Nebraska (Mr. Osborne), who in many ways
has probably taught more students, more young people than any of us.
Mr. OSBORNE. Thank you, Mr. Chairman, and I too urge support of this
important amendment.
As we have learned from implementation of No Child Left Behind, in
many cases school districts with the greatest needs have the most
trouble attracting highly qualified teachers to their communities. This
is true particularly in the inner cities, urban areas, and then in a
district like mine, which is almost entirely rural. So to have more
teachers available, a larger pool, is critical.
As has been mentioned, Teach for America currently has 3,500 members.
And the thing I do not think has been mentioned is that they are
serving roughly 300,000 students around the country. So this is one
program that enables us to capture some of our best and our brightest
young people coming out of college.
This has been a tremendously successful program, and I am very
pleased that the chairman and other members of the committee have
chosen to offer this amendment. I also appreciate Mr. Regula's support.
That is also very important.
Mr. CASTLE. Mr. Chairman, I yield the balance of my time to the
distinguished gentleman from California (Mr. Dreier).
(Mr. DREIER asked and was given permission to revise and extend his
remarks.)
Mr. DREIER. I thank my friend for yielding and, Mr. Chairman, I would
simply like to rise in strong support of this amendment.
I believe that the whole concept of Teach for America, which is
designed to incentivize the top men and women who are gaining their
educations to get out and provide education in communities where it is
desperately needed, is the right thing to do.
And I want to congratulate my good friend from California, Don
Fisher, who has been a driving force behind this, and Wendy Kopp, who
has been working very hard on it. I have met with her and a number of
other people, and I believe this is the kind of model program that will
help us deal with this challenge of ensuring that the United States of
America maintains its competitive edge.
{time} 1430
The Acting CHAIRMAN (Mr. Davis of Kentucky). The question is on the
amendment offered by the gentleman from Delaware (Mr. Castle).
The amendment was agreed to.
Amendment No. 7 Offered by Mr. Cuellar
Mr. CUELLAR. Mr. Chairman, I offer an amendment.
The Acting CHAIRMAN. The Clerk will designate the amendment.
The text of the amendment is as follows:
Amendment No. 7 printed in House Report 109-399 offered by
Mr. Cuellar:
Page 272, after line 25, insert the following new section:
SEC. 497. REPORT TO CONGRESS ON COMPLIANCE WITH THE PAPERWORK
REDUCTION ACT OF 1995.
Title IV is further amended by adding after section 499, as
added by section 496 of this Act, the following new section:
``SEC. 499A. REPORT TO CONGRESS ON THE COMPLIANCE OF THE
STUDENT AID APPLICATION PROCESS WITH THE
REQUIREMENTS OF THE PAPERWORK REDUCTION ACT OF
1995.
``(a) Study and Report.--The Secretary shall commission a
nonpartisan, comprehensive study on the degree to which the
student aid application process under title IV complies with
the requirements of the Paperwork Reduction Act of 1995 (44
U.S.C. 101 note). Not later one year after the date of the
enactment of the College Access and Opportunity Act of 2006,
the Secretary shall report the results of such study to the
Congress.
``(b) Scope.--The study and report to the Congress under
subsection (a) shall thoroughly identify and address the
following:
[[Page H1278]]
``(1) The impact of the technical and computer literacy of
prospective college students on the existing electronic
capabilities offered by the student aid application process
under title IV, including the Free Application for Federal
Student Aid System (FAFSA).
``(2) The effectiveness of the policies and requirements of
the FAFSA system that are intended to reduce the need for
paper and ease the application process.
``(3) Areas in which the electronic system can be improved
to help facilitate a `one-stop shopping' goal for students
seeking financial assistance.''.
The Acting CHAIRMAN. Pursuant to House Resolution 741, the gentleman
from Texas (Mr. Cuellar) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from Texas.
Mr. CUELLAR. Mr. Chairman, I yield myself such time as I may consume.
First of all, I want to thank Mr. Keller and Mr. Miller for the work
they have been doing on this particular bill, H.R. 609.
My amendment is a very straightforward amendment that allows the
student aid application process to be simple and straightforward and
make sure that it complies with the Paperwork Reduction Act of 1995, to
make sure that it meets the expectations of today's students.
We want to make sure that we reduce the paperwork, and when we talk
about student aid, that we minimize the amount of paperwork involved;
and especially when we work on trying to get the free application for
Federal student aid paperwork and the other work to make sure that when
a student is trying to get this information, we reduce the paperwork
and make it as simple as possible.
The second part of the amendment calls for a one-stop center for
finding financial aid for students. As Members know, in order to get
this information, whether you are talking about students, parents, or
counselors across the Nation, it is sometimes difficult to get this
information. The more we can enhance the one-stop center so the
information is in one place, this will make it easier on the students
and make sure that we do one thing, and that is, make student aid
opportunities as accessible and as simple as possible for the students,
the parents and the counselors.
I believe this amendment is acceptable to both Mr. George Miller and
Mr. Keller.
Mr. Chairman, I yield back the balance of my time.
Mr. KELLER. Madam Chairman, I claim the time in opposition, although
I am not in opposition to the amendment.
The Acting CHAIRMAN (Mrs. Miller of Michigan). Without objection, the
gentleman is recognized for 5 minutes.
There was no objection.
Mr. KELLER. Madam Chairman, I yield myself such time as I may
consume.
Simplifying the financial aid process and applying for Pell Grants is
such a worthy objective, something we have been working on very
closely, and we have made a lot of progress in this underlying
legislation to simplify the process.
This amendment makes it an even better bill, and I wholeheartedly
support the amendment and urge my colleagues to do so as well.
Madam Chairman, I yield back the balance of my time.
The Acting CHAIRMAN. The question is on the amendment offered by the
gentleman from Texas (Mr. Cuellar).
The amendment was agreed to.
Amendment No. 8 Offered by Mr. Cuellar
Mr. CUELLAR. Madam Chairman, I offer an amendment.
The Acting CHAIRMAN. The Clerk will designate the amendment.
The text of the amendment is as follows:
Amendment No. 8 printed in House Report 109-399 offered by
Mr. Cuellar:
Page 125, line 25, insert ``or a certification program''
after ``education''.
Page 126, line 2, insert ``or a certification program''
after ``education''.
The Acting CHAIRMAN. Pursuant to House Resolution 741, the gentleman
from Texas (Mr. Cuellar) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from Texas.
Mr. CUELLAR. Madam Chairman, I yield myself such time as I may
consume.
Again, I thank Mr. Keller and Mr. Miller for allowing me to present
this particular amendment. This amendment is very simple. It deals with
the Pell Grant Plus. The Pell Grant Plus is an excellent program that
allows extra financial aid to students that take the extra recommended
courses or the college preparatory courses.
Studies show that students who take the college preparatory courses,
two things are going to happen: one, their success rate in college
increases, and the second part is that the probability or the
possibility of those students going off to college will increase. So
providing this incentive through Pell Grant Plus to make sure that they
take the college preparatory courses is good for all students across
the Nation.
This amendment, what it does is instead of just allowing the academic
courses from universities, this allows students to take the
certificates from universities or colleges across the Nation to be
allowed to take this Pell Grant Plus and to be eligible to receive
Federal student aid.
Examples of certificate programs from my district and across the
United States, Palo Alto College provides certificate programs in
accounting and electromechanical technology. Texas A&M International
University in Laredo allows education certificates in early, middle
school and high school education, and other universities also do this.
This allows the students who take those certificate programs to be
eligible for the Pell Grant Plus.
Again, the Pell Grant Plus is an excellent incentive, and what I am
trying to do is make sure that students across the board take those
college preparatory courses. This will be good for education in
general.
Again, I believe this amendment is acceptable to Mr. Keller and to
Mr. Miller also.
Madam Chairman, I yield back the balance of my time.
Mr. KELLER. Madam Chairman, I claim the time in opposition, although
I am not in opposition.
The Acting CHAIRMAN. Without objection, the gentleman from Florida is
recognized for 5 minutes.
There was no objection.
Mr. KELLER. Madam Chairman, I yield myself such time as I may
consume.
I was proud to offer the Pell Grant Plus section that was included in
the underlying legislation which is going to reward those high-
achieving, low-income students with a few extra dollars to encourage
them to continue their education.
I support this amendment to also allow those folks who are getting a
certificate as part of their education because that would include, for
example, people studying to be skilled nurses. We have a dramatic
nursing shortage throughout the country, and particularly in my home
State of Florida.
Again, this is a good amendment. I would urge my colleagues to
support it.
Madam Chairman, I yield back the balance of my time.
The Acting CHAIRMAN. The question is on the amendment offered by the
gentleman from Texas (Mr. Cuellar).
The amendment was agreed to.
Amendment No. 10 Offered by Ms. Hart
Ms. HART. Madam Chairman, I offer an amendment.
The Acting CHAIRMAN. The Clerk will designate the amendment.
The text of the amendment is as follows:
Amendment No. 10 printed in House Report 109-399 offered by
Ms. Hart:
Page 317, line 16, strike ``and'' after the semicolon; on
line 25, strike the period, close quotation marks, and
following period and insert ``; and''; and after line 25,
insert the following new paragraph:
``(11) establishing and operating pregnant and parenting
student services offices that--
``(A) will serve students who are pregnant or parenting,
prospective parenting students who are anticipating a birth
or adoption, and students who are placing or have placed a
child for adoption; and
``(B) will help students with locating and utilizing child
care, family housing, flexible academic scheduling such as
telecommuting programs, parenting classes and programs, and
post-partum counseling and support groups.''.
The Acting CHAIRMAN. Pursuant to House Resolution 741, the
gentlewoman from Pennsylvania (Ms. Hart) and a Member opposed each will
control 5 minutes.
The Chair recognizes the gentlewoman from Pennsylvania.
Ms. HART. Madam Chairman, I yield myself such time as I may consume.
[[Page H1279]]
I rise in support of the amendment and ask that my colleagues support
it as well, because this amendment would encourage institutions of
higher education to establish and operate pregnant and parenting
student services offices for pregnant students, parenting students,
prospective parenting students who are anticipating a birth or
adoption, and also students who are placing or who have placed their
children up for adoption.
The student servicing center will help students with locating and
utilizing child care, family housing, flexible academic scheduling such
as telecommuting programs, parenting classes, and programs in
postpartum counseling and support groups.
This language will be added as an additional authority under the Fund
for the Improvement of Post-Secondary Education, the FIPSE, which was
established to improve post-secondary education activities.
Madam Chair, 27 percent of all undergraduates are parents; 34 percent
of all graduate students are parents; one-half of undergraduate
students are single parents; and about a third of graduate students are
single parents. This means that approximately 4.5 million undergraduate
and graduate students are parents.
Forty-five percent of the women who have abortions are college-age
women. Many, unfortunately, have them because they fear that they
cannot complete their study. They fear they cannot support the child,
and there are no resources to help them continue their education while
having their child. They also lack the financial resources to afford
child care. The amendment is an important step in providing much-needed
services for these students so they will bear their children and also
finish their education.
Right now there is a lack of campus necessary resources for pregnant
and parenting students. This amendment will be an important first step
in providing these students with these much-needed services, including
family housing; affordable on-campus child care; babysitters; co-ops;
telecommuting options; on-campus parking; maternity coverage in the
student health plans; desks accessible to pregnant women; diaper decks
in men's and women's restrooms; clean, comfortable places for women to
breast feed in private if they choose to do so; and also financial aid,
especially for women living independently from their parents.
This amendment is especially important because families are
profoundly impacted by the education attainment level of the parents.
No other single indicator has the same ability to predict social,
economic and educational outcomes for the children and the families as
the parental education. Education improves the quality of life for
these families, providing increased financial security and
socioeconomic mobility, as well as directly impacting the K-12
performance and post-secondary education attainment rates of their
children.
If we want to move Americans forward, this is something we need to
support. Higher education increases the workplace competitiveness of
these parents in the increasingly complex job market that they face
today and ensures a better educated and diverse workforce.
It also shows that we value our families and we also value meaningful
workplace and school place policies. We believe that by empowering
parents to go to college, we can directly impact the children and
effect social change in families and the larger community in a positive
way.
Student parents face enormous challenges in balancing the demands of
school with family responsibilities. As a result, these parents suffer
high dropout rates, particularly during the first year. In fact, the
U.S. Department of Education studies indicate that when student parents
are able to persevere through the first critical year of school, their
chances of completion are similar to other student groups. These
parents need specialized resources to help them succeed.
The programs that I have outlined are included in this amendment. For
these reasons, I ask my colleagues to support this amendment.
Madam Chairman, I reserve the balance of my time.
Mr. GEORGE MILLER of California. Madam Chairman, I ask unanimous
consent to claim the time, although I am not opposed to the amendment.
The Acting CHAIRMAN. Without objection, the gentleman from California
is recognized for 5 minutes.
There was no objection.
Mr. GEORGE MILLER of California. Madam Chairman, we support the
amendment, and I yield back the balance of my time.
Ms. HART. Madam Chairman, I yield back the balance of my time.
The Acting CHAIRMAN. The question is on the amendment offered by the
gentlewoman from Pennsylvania (Ms. Hart).
The amendment was agreed to.
Amendment No. 11 Offered by Mrs. Musgrave
Mrs. MUSGRAVE. Madam Chairman, I offer an amendment.
The Acting CHAIRMAN. The Clerk will designate the amendment.
The text of the amendment is as follows:
Amendment No. 11 printed in House Report 109-399 offered by
Mrs. Musgrave:
Page 165, line 4, strike ``and''; on line 9, strike the
period and insert ``; and''; and after line 9, insert the
following:
``(7) shall not develop a criteria that discriminates
against a student based on the type of program in which the
student completed his or her secondary education.
The Acting CHAIRMAN. Pursuant to House Resolution 741, the
gentlewoman from Colorado (Mrs. Musgrave) and a Member opposed each
will control 5 minutes.
The Chair recognizes the gentlewoman from Colorado.
Mrs. MUSGRAVE. Madam Chairman, I yield myself such time as I may
consume.
My amendment ensures that all home school students will be considered
as eligible applicants for the Robert C. Byrd Honors Scholarship
Program. The Robert Byrd Honors Scholarship Program recognizes high
school seniors who show the promise of continued excellence in post-
secondary education.
Currently, only those students who were graduates of a public or
private school are eligible for this prestigious scholarship. Students
graduating from alternative programs such as home schools are
ineligible for this scholarship. All graduates should be able to
compete for this scholarship regardless of what type of secondary
program the student has completed.
Studies show that home school students are excellent students. In
recent independent studies, home-schooled students consistently scored,
on average, in the 80th percentile on standard achievement tests. And
yet these excellent students are regularly denied the opportunity to
compete for the Byrd scholarship.
During Senate consideration of the higher education bill several
months ago, this matter was brought to the attention of Senator Byrd
from West Virginia. The Senate acted, with Senator Byrd's support,
approving an amendment to the Byrd scholarship that would make home
school graduates eligible to apply for this important scholarship
program.
This amendment I offer today ensures that under the House's new
Robert Byrd Scholarship proposal, managing agents may not discriminate
against students based upon the type of program in which the student
completed his or her secondary education, including a public school,
private school or home school.
I urge my colleagues to support this amendment.
Mr. McKEON. Madam Chairman, will the gentlewoman yield?
Mrs. MUSGRAVE. I yield to the gentleman from California.
Mr. McKEON. Madam Chairman, I rise to thank the gentlewoman for her
amendment.
One of my daughters has home schooled some of her children, and we
have many friends who home school their children and do a fantastic
job, and I am really happy that they will be able to participate in
this scholarship. I think this improves the bill.
Mr. GEORGE MILLER of California. Madam Chairman, I ask unanimous
consent to claim the time, although I am not opposed to the amendment.
The Acting CHAIRMAN. Without objection, the gentleman from California
is recognized for 5 minutes.
There was no objection.
Mr. GEORGE MILLER of California. Madam Chairman, we support the
[[Page H1280]]
amendment, and I yield back the balance of my time.
{time} 1445
Mrs. MUSGRAVE. Madam Chairman, I yield back the balance of my time.
The Acting CHAIRMAN (Mrs. Miller of Michigan). All time having
expired, the question is on the amendment offered by the gentlewoman
from Colorado (Mrs. Musgrave).
The amendment was agreed to.
Amendment No. 13 Offered by Mr. Sessions
Mr. SESSIONS. Madam Chairman, I offer an amendment.
The Acting CHAIRMAN. The Clerk will designate the amendment.
The text of the amendment is as follows:
Amendment No. 13 printed in House Report 109-399 offered by
Mr. Sessions:
Page 206, after line 11, insert the following new section:
SEC. 447. WORK ASSISTANCE FOR STUDENTS IN COMPREHENSIVE
POSTSECONDARY PROGRAMS FOR STUDENTS WITH MENTAL
RETARDATION.
(a) Amendment.--Part C of title IV (42 U.S.C. 2751 et seq.)
is further amended by adding at the end thereof the following
new section:
``SEC. 449. WORK ASSISTANCE FOR STUDENTS IN COMPREHENSIVE
POSTSECONDARY PROGRAMS FOR STUDENTS WITH MENTAL
RETARDATION.
``(a) Purpose.--It is the purpose of this section to enable
an institution participating under this part that offers a
comprehensive postsecondary program for students with mental
retardation to provide work assistance to such students
enrolled in that program in order to assist these students
with the costs of postsecondary education and improve their
academic and personal skills, independence, and
employability.
``(b) Program Authority.--(1) An institution of higher
education participating under this part may, pursuant to a
plan developed in accordance with subsection (c) and approved
by the Secretary, transfer funds allocated under section 442
for use under this section to award work assistance to
students with mental retardation who are enrolled and
maintaining satisfactory progress in a comprehensive
postsecondary program for students with mental retardation at
that institution.
``(2)(A) Notwithstanding any other provisions of this Act,
the following requirements do not apply to students seeking
work assistance under this section:
``(i) Student eligibility requirements relating to
enrollment in a program leading to a recognized education
credential under section 484(a)(1).
``(ii) Satisfactory progress requirements under sections
484(a)(2) and (c).
``(iii) Student eligibility requirements relating to the
satisfaction of secondary education standards under section
484(d).
``(iv) Determination of need in accordance with part F.
``(v) The common financial reporting form developed and
processed pursuant to section 483, and any related aid
processing, disbursement, and delivery requirements as the
Secretary may specify.
``(vi) Any reporting requirements that the Secretary may
specify.
``(B) Notwithstanding any other provisions of this Act, the
requirement that a program lead to a degree or certificate,
or meet the requirements of section 481(b), shall not apply
to comprehensive postsecondary programs for students with
mental retardation at institutions of higher education that
are otherwise eligible to participate under this part.
``(c) Agreement With the Secretary.--An institution of
higher education that wishes to provide work assistance under
this section shall prepare, and submit to the Secretary for
approval, a plan describing how work assistance will be
awarded under this section to students with mental
retardation who are enrolled in a comprehensive postsecondary
program for students with mental retardation at that
institution. That plan shall include--
``(1) a description of how the institution will determine
which students in the program will receive work assistance,
including what criteria will be used for determining the
student's financial need for the assistance in lieu of a
determination under part F;
``(2) a description of the types of jobs in which students
in the program will be employed, at what rates of
compensation, and the number of hours that a student may
work;
``(3) the maximum dollar amount of assistance that the
institution may award to a student in the program; and
``(4) a requirement that the Federal share of the
compensation of a student in the program shall not exceed 75
percent.
``(d) Definitions.--For the purpose of this section:
``(1) Comprehensive postsecondary program for students with
mental retardation.--The term `comprehensive postsecondary
program for students with mental retardation' means a degree,
certificate, or nondegree program offered by an institution
of higher education that--
``(A) is designed for students with mental retardation who
seek to continue academic, vocational, and independent living
instruction at the institution to prepare for gainful
employment;
``(B) includes an advising and curriculum structure; and
``(C) includes enrollment by the student (through regular
enrollment, auditing courses, participation in internships,
or enrollment in noncredit, nondegree courses) in the
equivalent of not less than half-time enrollment, as defined
by the institution.
``(2) Student with mental retardation.--The term `student
with mental retardation' means a student with significantly
subaverage general intellectual functioning, existing
concurrently with deficits in adaptive behavior and
manifested during the developmental period, that adversely
affects a student's educational performance.
``(3) Satisfactory progress.--A student with mental
retardation enrolled in a comprehensive postsecondary program
for students with mental retardation is maintaining
satisfactory progress if--
``(A) the institution at which that student is enrolled
reviews the progress of the student at the end of each
academic year, or its equivalent, as determined by the
institution; and
``(B) the institution determines that the student is
meeting or exceeding the program requirements and adequately
progressing toward program completion.''.
(b) Effective Date.--The amendments made by subsection (a)
shall be effective for academic year 2007-2008 and succeeding
academic years.
The Acting CHAIRMAN. Pursuant to House Resolution 741, the gentleman
from Texas (Mr. Sessions) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from Texas.
Mr. SESSIONS. Madam Chairman, I would like to, before I really begin
my remarks, thank the gentleman, the chairman of the committee and his
staff who have been very helpful not only in working with me on this
amendment but being supportive of it. I would like to thank the
gentleman from California.
Madam Chairman, I rise today to offer my amendment that would grant
students with intellectual disabilities access to Federal work study
funds for enrollment in comprehensive post-secondary educational
programs. The reauthorization of the Individuals With Disabilities
Education Act, known as IDEA, in 2004 helped ensure that students with
intellectual disabilities are provided every resource necessary to
address their elementary through high school education goals.
However, education for people with disabilities should not end in
high school, which is why this amendment is so important. My amendment
provides these young adults with an opportunity to participate in post-
secondary education programs along with their peers.
Madam Chairman, approximately 94 universities and colleges currently
offer programs for students with intellectual disabilities, enabling
these students to lead productive and independent lives. For example,
Laura Lee, a student with Downs Syndrome, is a junior at George Mason
University's LIFE program, or known as the Learning into the Future
Environments program. She is one of the first students in this
innovative post-secondary program for young adults with intellectual
disabilities, providing these students with not only the experience of
college life in a supportive environment, but also with important life
and employment skills. Laura is taking courses in computers, banking,
employment skills and other subjects that will help her to become as
self-sufficient as possible and to use her future education for
employment endeavors.
I am very proud of Laura's success in the LIFE program at George
Mason University. While Laura is fortunate enough to have the financial
resources to enroll in this program, many students with intellectual
disabilities do not. These students are unable to assess Federal
financial aid because these programs typically do not lead to a post-
secondary degree, or the student may not have a traditional high school
diploma. This amendment recognizes the unique nature of these programs
and removes the barriers in current law from providing work study funds
to each of these students.
My amendment would allow these students to assess work study funds
without creating a new program and, therefore, adding no additional
cost to the government.
This amendment provides flexibility to institutions, granting them
the power to decide if it is appropriate to award work study funds to
students
[[Page H1281]]
with intellectual disabilities enrolled in comprehensive programs on
their campus.
Madam Chairman, I have seen firsthand how IDEA has benefited my own
son, Alex, who is a student at Lakewood Elementary School in Dallas,
Texas. Alex, who is 12 years old, has Downs Syndrome, and he has made
significant academic progress and has been provided with many of the
same educational opportunities as his peers as a result of IDEA. I know
that IDEA will serve as an incredible opportunity for Alex throughout
his K-12 education.
However, I also realize that IDEA will not be there to serve his
needs after high school. Therefore, I am very pleased to stand here
today in recognition of those colleges and universities who are filling
the post-IDEA void for so many young Americans. I am proud to offer
this amendment that will provide many young adults with intellectual
disabilities the ability to access the vital postsecondary programs
that lead to a very fulfilling life.
Madam Chairman, I yield 2 minutes to the gentleman from California
(Mr. McKeon), the chairman of the committee.
Mr. McKEON. Madam Chairman, I thank the gentleman for yielding. And I
want to thank him for his leadership on this issue. We have worked
together on this issue before. I am getting toward the end of my life.
I am a lot older than a lot of the people around here. But in my youth,
I remember when families that had children with Downs Syndrome used to
keep them out of sight. And we have made so much progress. And I have a
nephew that has Downs Syndrome, and I see the love that he has brought
into their family. He is 12 also. And to think that we have come so far
and yet we have an opportunity to go further. And this amendment makes
that possible. And I just want to thank the gentleman for his efforts
in this, and on behalf of all children with Downs Syndrome to give them
the opportunity to go as far as they can, because I think that is
something that, again, improves and enhances the bill. And I appreciate
the gentleman's efforts.
Mr. SESSIONS. Madam Chairman, I reserve the balance of my time.
Mr. GEORGE MILLER of California. Madam Chairman, I ask unanimous
consent to claim the time, but I am not opposed to the amendment.
The Acting CHAIRMAN. Is there objection to the request of the
gentleman from California?
There was no objection.
Mr. GEORGE MILLER of California. Madam Chairman, I yield myself such
time as I may consume.
I want to thank the gentleman for offering this amendment. I think it
is an important addition to this legislation, and I urge my colleagues
to support it.
Madam Chairman, I yield back the balance of my time.
Mr. SESSIONS. Madam Chairman, I yield myself such time as I may
consume.
In addition to the chairman's remarks, I would like to add, if I
could, that from time to time, my son, Alex, is on the floor of the
House of Representatives, and I believe that Alex is a fine
representation, as well as the Members of this body, who take time to
recognize the individual and special talents that not only Alex
possesses as a result of him being a young adult with Downs Syndrome,
but also his love that he extends to people. And this body has always
gone out of their way to express to Alex and make him feel like he was
a part of this body also.
And I would thank the gentleman, both the gentlemen from California,
not only for their agreement with this bill today, but also I think it
extends the knowledge that this body has with the capacity to
understand that thousands of other families that have their own Alex,
that they, if their children have the ability to do something when they
get out of high school, that there would be a program like this. And so
I would like to thank the ranking member and the chairman of our
committee.
Madam Chairman, I yield back the balance of my time.
The Acting CHAIRMAN. All time having expired, the question is on the
amendment offered by the gentleman from Texas (Mr. Sessions).
The amendment was agreed to.
Mr. McKEON. Madam Chairman, I move that the Committee do now rise.
The motion was agreed to.
Accordingly, the Committee rose; and the Speaker pro tempore (Mr.
Sessions) having assumed the chair, Mrs. Miller of Michigan, Acting
Chairman of the Committee of the Whole House on the State of the Union,
reported that that Committee, having had under consideration the bill
(H.R. 609) to amend and extend the Higher Education Act of 1965, had
come to no resolution thereon.
____________________