In the Senate of the United States,
Resolved, That the bill from the House of Representatives (H.R. 4137) entitled “An Act to amend and extend the Higher Education Act of 1965, and for other purposes.”, do pass with the following
AMENDMENT:
(b) Table of contents.—The table of contents for this Act is as follows:
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.).
Except as otherwise provided in this Act or the amendments made by this Act, the amendments made by this Act shall take effect on the date of enactment of this Act.
(a) Amendment.—Section 103 (20 U.S.C. 1003) is amended—
(5) by inserting after paragraph (2) (as redesignated by paragraph (3)) the following:
“(3) CRITICAL FOREIGN LANGUAGE.—The term ‘critical foreign language’ means each of the languages contained in the list of critical languages designated by the Secretary in the Federal Register on August 2, 1985 (50 Fed. Reg. 149, 31412; promulgated under the authority of section 212(d) of the Education for Economic Security Act (repealed by section 2303 of the Augustus F. Hawkins-Robert T. Stafford Elementary and Secondary School Improvement Amendments of 1988)), except that in the implementation of this definition with respect to a specific title, the Secretary may set priorities according to the purposes of such title and the national security, economic competitiveness, and educational needs of the United States.”;
(6) by inserting after paragraph (5) (as redesignated by paragraph (3)) the following:
“(6) DISTANCE EDUCATION.—
“(A) IN GENERAL.—Except as otherwise provided, the term ‘distance education’ means education that uses 1 or more of the technologies described in subparagraph (B)—
(b) Conforming Amendments.—The Act (20 U.S.C. 1001 et seq.) is amended—
(1) in section 131(a)(3)(B) (20 U.S.C. 1015(a)(3)(B)), by striking “Committee on Labor and Human Resources of the Senate and the Committee on Education and the Workforce of the House of Representatives” and inserting “authorizing committees”;
(2) in section 141(d)(4)(B) (20 U.S.C. 1018(d)(4)(B)), by striking “Committee on Education and the Workforce of the House of Representatives and the Committee on Labor and Human Resources of the Senate” and inserting “authorizing committees”;
(3) in section 401(f)(3) (20 U.S.C. 1070a(f)(3)), by striking “to the Committee on Appropriations” and all that follows through “House of Representatives” and inserting “to the Committee on Appropriations of the Senate, the Committee on Appropriations of the House of Representatives, and the authorizing committees”;
(4) in section 428 (20 U.S.C. 1078)—
(A) in subsection (c)(9)(K), by striking “House Committee on Education and the Workforce and the Senate Committee on Labor and Human Resources” and inserting “authorizing committees”;
(5) in section 428A(c) (20 U.S.C. 1078–1(c))—
(A) in the matter preceding subparagraph (A) of paragraph (2), by striking “Chairperson” and all that follows through “House of Representatives” and inserting “members of the authorizing committees”;
(6) in section 432 (20 U.S.C. 1082)—
(7) in section 437(c)(1) (20 U.S.C. 1087(c)(1)), by striking “Committee on Education and the Workforce of the House of Representatives and the Committee on Labor and Human Resources of the Senate” and inserting “authorizing committees”;
(8) in section 439 (20 U.S.C. 1087–2)—
(A) in subsection (d)(1)(E)(iii), by striking “advise the Chairman” and all that follows through “House of Representatives” and inserting “advise the members of the authorizing committees”;
(B) in subsection (r)—
(i) in paragraph (3), by striking “inform the Chairman” and all that follows through “House of Representatives,” and inserting “inform the members of the authorizing committees”;
(ii) in paragraph (5)(B), by striking “plan, to the Chairman” and all that follows through “Education and Labor” and inserting “plan, to the members of the authorizing committees”;
(iii) in paragraph (6)(B)—
(9) in section 455(b)(8)(B) (20 U.S.C. 1087e(b)(8)(B)), by striking “Committee on Labor and Human Resources of the Senate and the Committee on Education and the Workforce of the House of Representatives” and inserting “authorizing committees”;
(10) in section 482(d) (20 U.S.C. 1089(d)), by striking “Committee on Labor and Human Resources of the Senate and the Committee on Education and Labor of the House of Representatives” and inserting “authorizing committees”;
(11) in section 483(c) (20 U.S.C. 1090(c)), by striking “Committee on Labor and Human Resources of the Senate and the Committee on Education and the Workforce of the House of Representatives” and inserting “authorizing committees”;
(12) in section 485 (20 U.S.C. 1092)—
(13) in section 486 (20 U.S.C. 1093)—
(A) in subsection (e), by striking “Committee on Labor and Human Resources of the Senate and the Committee on Education and the Workforce of the House of Representatives” and inserting “authorizing committees”; and
(14) in section 487A(a)(5) (20 U.S.C. 1094a(a)(5)), by striking “Committee on Labor and Human Resources of the Senate and the Committee on Education and the Workforce of the House of Representatives” and inserting “authorizing committees”; and
Section 101 (20 U.S.C. 1001) is amended—
(1) in subsection (a)(3), by inserting “, or awards a degree that is acceptable for admission to a graduate or professional degree program, subject to the review and approval by the Secretary” after “such a degree”; and
(2) by striking subsection (b)(2) and inserting the following:
Section 102 (20 U.S.C. 1002) is amended—
(2) in subsection (b)—
(B) by striking paragraph (2) and inserting the following:
“(2) ADDITIONAL INSTITUTIONS.—The term ‘proprietary institution of higher education’ also includes a proprietary educational institution in any State that, in lieu of the requirement in section 101(a)(1), admits as regular students persons—
(3) by striking subsection (c)(2) and inserting the following:
“(2) ADDITIONAL INSTITUTIONS.—The term ‘postsecondary vocational institution’ also includes an educational institution in any State that, in lieu of the requirement in section 101(a)(1), admits as regular students persons—
Section 112 (20 U.S.C. 1011a) is amended—
(1) in subsection (a)—
(B) by adding at the end the following:
“(2) It is the sense of Congress that—
“(A) the diversity of institutions and educational missions is one of the key strengths of American higher education;
“(B) individual colleges and universities have different missions and each institution should design its academic program in accordance with its educational goals;
(a) In general.—Section 114 (20 U.S.C. 1011c) is amended to read as follows:
“SEC. 114. Accreditation and institutional quality and integrity committee.
“(a) Establishment.—There is established in the Department an Accreditation and Institutional Quality and Integrity Advisory Committee (in this section referred to as the ‘Committee’) to assess the process of accreditation and the institutional eligibility and certification of such institutions under title IV.
“(b) Membership.—
“(1) IN GENERAL.—The Committee shall have 15 members, of which—
“(2) QUALIFICATIONS.—Individuals shall be appointed as members of the Committee on—
“(3) TERMS OF MEMBERS.—The term of office of each member of the Committee shall be for 6 years, except that any member appointed to fill a vacancy occurring prior to the expiration of the term for which the member’s predecessor was appointed shall be appointed for the remainder of such term.
“(4) VACANCY.—A vacancy on the Committee shall be filled in the same manner as the original appointment was made not later than 90 days after the vacancy occurred. If a vacancy occurs in a position to be filled by the Secretary, the Secretary shall publish a Federal Register notice soliciting nominations for the position not later than 30 days after being notified of the vacancy.
“(c) Functions.—The Committee shall—
“(1) advise the Secretary with respect to establishment and enforcement of the standards of accrediting agencies or associations under subpart 2 of part H of title IV;
“(2) advise the Secretary with respect to the recognition of a specific accrediting agency or association;
“(3) advise the Secretary with respect to the preparation and publication of the list of nationally recognized accrediting agencies and associations;
“(4) advise the Secretary with respect to the eligibility and certification process for institutions of higher education under title IV, together with recommendations for improvements in such process;
“(d) Meeting procedures.—
“(1) SCHEDULE.—
“(2) AGENDA.—
“(3) SECRETARY’S DESIGNEE.—
“(A) ATTENDANCE AT MEETING.—The Chairperson shall invite the Secretary’s designee to attend all meetings of the Committee.
“(B) ROLE OF DESIGNEE.—The Secretary’s designee may be present at a Committee meeting to facilitate the exchange and free flow of information between the Secretary and the Committee. The designee shall have no authority over the agenda of the meeting, the items on that agenda, or on the resolution of any agenda item.
“(e) Report and notice.—
“(1) NOTICE.—The Secretary shall annually publish in the Federal Register—
“(2) REPORT.—Not later than September 30 of each year, the Committee shall make an annual report to the Secretary, the authorizing committees, and the public. The annual report shall contain—
Section 120(a)(2) (20 U.S.C. 1011i(a)(2)) is amended—
Section 121(a) (20 U.S.C. 1011j(a)) is amended—
Part C of title I (20 U.S.C. 1015) is amended by adding at the end the following:
“SEC. 132. Transparency in college tuition for consumers.
“(a) Net price.—In this section, the term ‘net price’ means the average yearly tuition and fees paid by a full-time undergraduate student at an institution of higher education, after discounts and grants from the institution, Federal Government, or a State have been applied to the full price of tuition and fees at the institution.
“(b) Higher education price index.—
“(1) IN GENERAL.—Not later than 1 year after the date of enactment of the Higher Education Amendments of 2007, the Commission of the Bureau of Labor Statistics, in consultation with the Commissioner of Education Statistics and representatives of institutions of higher education, shall develop higher education price indices that accurately reflect the annual change in tuition and fees for undergraduate students in the categories of institutions listed in paragraph (2). Such indices shall be updated annually.
“(c) Reporting.—
“(1) IN GENERAL.—The Secretary shall annually report, in a national list and in a list for each State, a ranking of institutions of higher education according to such institutions' change in tuition and fees over the preceding 2 years. The purpose of such lists is to provide consumers with general information on pricing trends among institutions of higher education nationally and in each State.
“(2) COMPILATION.—
“(A) IN GENERAL.—The lists described in paragraph (1) shall be compiled according to the following categories:
“(3) HIGHER EDUCATION PRICE INCREASE WATCH LISTS.—Upon completion of the development of the higher education price indices described in paragraph (1), the Secretary shall annually report, in a national list, and in a list for each State, a ranking of each institution of higher education whose tuition and fees outpace such institution’s applicable higher education price index described in subsection (b). Such lists shall—
“(4) STATE HIGHER EDUCATION APPROPRIATIONS CHART.—The Secretary shall annually report, in charts for each State—
“(d) Net price calculator.—
“(1) DEVELOPMENT.—Not later than 1 year after the date of enactment of the Higher Education Amendments of 2007, the Secretary shall, in consultation with institutions of higher education, develop and make several model net price calculators to help students, families, and consumers determine the net price of an institution of higher education, which institutions of higher education may, at their discretion, elect to use pursuant to paragraph (3).
“(2) CATEGORIES.—The model net price calculators described in paragraph (1) shall be developed for each of the following categories:
“(3) USE OF NET PRICE CALCULATOR BY INSTITUTIONS.—Not later than 3 years after the date of enactment of the Higher Education Amendments of 2007, each institution of higher education that receives Federal funds under this Act shall adopt and use a net price calculator to help students, families, and other consumers determine the net price of such institution of higher education. Such calculator may be—
“(e) Net price reporting in application information.—An institution of higher education that receives Federal funds under this Act shall include, in the materials accompanying an application for admission to the institution, the most recent information regarding the net price of the institution, calculated for each quartile of students based on the income of either the students’ parents or, in the case of independent students (as such term is described in section 480), of the students, for each of the 2 academic years preceding the academic year for which the application is produced.
“(f) Enhanced college information website.—
“(1) IN GENERAL.—
“(A) IN GENERAL.—Not later than 90 days after the date of enactment of the Higher Education Amendments of 2007, the Secretary shall contract with an independent organization with demonstrated experience in the development of consumer-friendly websites to develop improvements to the website known as the College Opportunities On-Line (COOL) so that it better meets the needs of students, families, and consumers for accurate and appropriate information on institutions of higher education.
“(2) UNIVERSITY AND COLLEGE ACCOUNTABILITY NETWORK.—Not later than 1 year after the date of enactment of the Higher Education Amendments of 2007, the Secretary shall develop a model document for annually reporting basic information about an institution of higher education that chooses to participate, to be posted on the college information website and made available to institutions of higher education, students, families, and other consumers. Such document shall be known as the ‘University and College Accountability Network’ (U–CAN), and shall include, the following information about the institution of higher education for the most recent academic year for which the institution has available data, presented in a consumer-friendly manner:
“(B) The total number of undergraduate students who applied, were admitted, and enrolled at the institution.
“(C) Where applicable, reading, writing, mathematics, and combined scores on the SAT or ACT for the middle 50 percent range of the institution’s freshman class.
“(D) Enrollment of full-time, part-time, and transfer students at the institution, at the undergraduate and (where applicable) graduate levels.
“(F) Percentage of enrolled undergraduate students from the State in which the institution is located, from other States, and from other countries.
“(G) Percentage of enrolled undergraduate students at the institution by race and ethnic background.
“(H) Retention rates for full-time and part-time first-time first-year undergraduate students enrolled at the institution.
“(I) Average time to degree or certificate completion for first-time, first-year undergraduate students enrolled at the institution.
“(J) Percentage of enrolled undergraduate students who graduate within 2 years (in the case of 2-year institutions), and 4, 5 and 6 years (in the case of 2 and 4-year institutions).
“(K) Number of students who obtained a certificate or an associate's, bachelor’s, master’s, or doctoral degree at the institution.
“(M) The student-faculty ratio, and number of full-time, part-time, and adjunct faculty at the institution.
“(O) The percentage change in total price in tuition and fees and the net price for an undergraduate at the institution in each of the preceding 5 academic years.
“(P) The total average yearly cost of tuition and fees, room and board, and books and other related costs for an undergraduate student enrolled at the institution, for—
“(Q) The average yearly grant amount (including Federal, State, and institutional aid) for a student enrolled at the institution.
“(R) The average yearly amount of Federal student loans, and other loans provided through the institution, to undergraduate students enrolled at the institution.
“(S) The total yearly grant aid available to undergraduate students enrolled at the institution, from the Federal Government, a State, the institution, and other sources.
“(T) The percentage of undergraduate students enrolled at the institution receiving Federal, State, and institutional grants, student loans, and any other type of student financial assistance provided publicly or through the institution, such as Federal work-study funds.
“(V) The percentage of first-year undergraduate students enrolled at the institution who live on campus and off campus.
“(W) Information on the policies of the institution related to transfer of credit from other institutions.
“(Y) Links to the appropriate sections of the institution’s website that provide information on student activities offered by the institution, such as intercollegiate sports, student organizations, study abroad opportunities, intramural and club sports, specialized housing options, community service opportunities, cultural and arts opportunities on campus, religious and spiritual life on campus, and lectures and outside learning opportunities.
“(g) GAO report.—The Comptroller General of the United States shall—
“(1) conduct a study on the time and cost burdens to institutions of higher education associated with completing the Integrated Postsecondary Education Data System (IPEDS), which study shall—
Part C of title I (20 U.S.C. 1015), as amended by section 108, is further amended by adding at the end the following:
“SEC. 133. Database of student information prohibited.
“(a) Prohibition.—Except as described in (b), nothing in this Act shall be construed to authorize the development, implementation, or maintenance of a Federal database of personally identifiable information on individuals receiving assistance under this Act, attending institutions receiving assistance under this Act, or otherwise involved in any studies or other collections of data under this Act, including a student unit record system, an education bar code system, or any other system that tracks individual students over time.
“(b) Exception.—The provisions of subsection (a) shall not apply to a system (or a successor system) that is necessary for the operation of programs authorized by title II, IV, or VII that were in use by the Secretary, directly or through a contractor, as of the day before the date of enactment of the Higher Education Amendments of 2007.
“(c) State databases.—Nothing in this Act shall prohibit a State or a consortium of States from developing, implementing, or maintaining State-developed databases that track individuals over time, including student unit record systems that contain information related to enrollment, attendance, graduation and retention rates, student financial assistance, and graduate employment outcomes.”.
Part C of title I (as amended by sections 108 and 109) is further amended by adding at the end the following:
“SEC. 134. Clear and easy-to-find information on student financial aid.
“(a) Prominent display.—The Secretary shall ensure that a link to current student financial aid information is displayed prominently on the home page of the Department website.
“(b) Enhanced student financial aid information.—
“(1) IN GENERAL.—Not later than 180 days after the date of enactment of the Higher Education Amendments of 2007, the Secretary shall contract with an independent organization with demonstrated expertise in the development of consumer-friendly websites to develop improvements to the usefulness and accessibility of the information provided by the Department on college financial planning and student financial aid.
“(2) IMPLEMENTATION.—Not later than 1 year after the date of enactment of the Higher Education Amendments of 2007, the Secretary shall implement the improvements developed by the independent organization described under paragraph (1) to the college financial planning and student financial aid website of the Department.
Part C of title I of the Higher Education Act of 1965 (as amended by this title) is further amended by adding at the end the following:
“SEC. 135. State higher education information system pilot program.
“(a) Purpose.—It is the purpose of this section to carry out a pilot program to assist not more than 5 States to develop State-level postsecondary student data systems to—
“(1) improve the capacity of States and institutions of higher education to generate more comprehensive and comparable data, in order to develop better-informed educational policy at the State level and to evaluate the effectiveness of institutional performance while protecting the confidentiality of students’ personally identifiable information; and
“(2) identify how to best minimize the data-reporting burden placed on institutions of higher education, particularly smaller institutions, and to maximize and improve the information institutions receive from the data systems, in order to assist institutions in improving educational practice and postsecondary outcomes.
“(c) Competitive grants.—
“(1) GRANTS AUTHORIZED.—The Secretary shall award grants, on a competitive basis, to not more than 5 eligible entities to enable the eligible entities to—
“(d) Application requirements.—An eligible entity desiring a grant under this section shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary determines is necessary, including a description of—
“(1) how the eligible entity will ensure that student privacy is protected and that individually identifiable information about students, the students' achievements, and the students' families remains confidential in accordance with the Family Educational Rights and Privacy Act of 1974 (20 U.S.C. 1232g); and
“(e) Use of funds.—A grant awarded under this section shall be used to—
“(1) design, develop, and implement the components of a comprehensive postsecondary student data system with the capacity to transmit student information within States;
“(3) select and define common data elements, data quality, and other elements that will enable the data system to—
“(A) serve the needs of institutions of higher education for institutional research and improvement;
Section 141 (20 U.S.C. 1018) is amended—
(2) in subsection (b)—
(A) in paragraph (1)—
(i) in subparagraph (A), by striking “the information systems administered by the PBO, and other functions performed by the PBO” and inserting “the Federal student financial assistance programs authorized under title IV”; and
(B) in paragraph (2)—
(i) in the matter preceding subparagraph (A), by striking “administration of the information and financial systems that support” and inserting “the administration of Federal”;
(ii) in subparagraph (A)—
(I) in the matter preceding clause (i), by striking “of the delivery system for Federal student assistance” and inserting “for the Federal student assistance programs authorized under title IV”;
(II) by striking clauses (i) and (ii) and inserting the following:
(3) in subsection (c)—
(A) in the subsection heading, by striking “Performance Plan and Report” and inserting “Performance Plan, Report, and Briefing”;
(E) by adding at the end the following:
“(4) BRIEFING ON ENFORCEMENT OF STUDENT LOAN PROVISIONS.—The Chief Operating Officer shall provide an annual briefing to the members of the authorizing committees on the steps the PBO has taken and is taking to ensure that lenders are providing the information required under clauses (iii) and (iv) of section 428(c)(3)(C) and sections 428(b)(1)(Z) and 428C(b)(1)(F).”;
Section 142 (20 U.S.C. 1018a) is amended—
(2) by striking subsection (c)(2) and inserting the following:
“(2) FEE FOR SERVICE ARRANGEMENTS.—The Chief Operating Officer shall, when appropriate and consistent with the purposes of the PBO, acquire services related to the functions set forth in section 141(b)(2) from any entity that has the capability and capacity to meet the requirements set by the PBO. The Chief Operating Officer is authorized to pay fees that are equivalent to those paid by other entities to an organization that provides services that meet the requirements of the PBO, as determined by the Chief Operating Officer.”;
(4) in subsection (g)—
(6) in subsection (l), by striking paragraph (3) and inserting the following:
“(3) SINGLE-SOURCE BASIS.—The term ‘single-source basis’, with respect to an award of a contract, means that the contract is awarded to a source after soliciting an offer or offers from, and negotiating with, only such source (although such source is not the only source in the marketplace capable of meeting the need) because such source is the most advantageous source for purposes of the award.”.
Title I (20 U.S.C. 1001 et seq.) is amended by adding at the end the following:
“In this part:
“(1) COST OF ATTENDANCE.—The term ‘cost of attendance’ has the meaning given the term in section 472.
“(2) COVERED INSTITUTION.—The term ‘covered institution’—
“(3) EDUCATIONAL LOAN.—The term ‘educational loan’ means any loan made, insured, or guaranteed under title IV.
“(4) EDUCATIONAL LOAN ARRANGEMENT.—The term ‘educational loan arrangement’ means an arrangement or agreement between a lender and a covered institution—
“(A) under which arrangement or agreement a lender provides or otherwise issues educational loans to the students attending the covered institution or the parents of such students; and
“(5) LENDER.—The term ‘lender’—
“(A) means—
“(i) any lender—
“(II) that is a financial institution, as such term is defined in section 509 of the Gramm-Leach-Bliley Act (15 U.S.C. 6809); and
“SEC. 152. Requirements for lenders and institutions participating in educational loan arrangements.
“(a) Use of lender name.—A covered institution that enters into an educational loan arrangement shall disclose the name of the lender in documentation related to the loan.
“(b) Disclosures.—
“(1) DISCLOSURES BY LENDERS.—Before a lender issues or otherwise provides an educational loan to a student, the lender shall provide the student, in writing, with the disclosures described in paragraph (2).
“(2) DISCLOSURES.—The disclosures required by this paragraph shall include a clear and prominent statement—
“(C) that describes, with respect to each type of educational loan being offered—
“(c) Disclosures to the secretary by lender.—
“(1) IN GENERAL.—Each lender shall, on an annual basis, report to the Secretary any reasonable expenses paid or given under section 435(d)(5)(D), 487(a)(21)(A)(ii), or 487(a)(21)(A)(iv) to any employee who is employed in the financial aid office of a covered institution, or who otherwise has responsibilities with respect to educational loans or other financial aid of the institution. Such reports shall include—
“SEC. 153. Interest rate report for institutions and lenders participating in educational loan arrangements.
“(a) Secretary duties.—
“(1) REPORT AND MODEL FORMAT.—Not later than 180 days after the date of enactment of the Higher Education Amendments of 2007, the Secretary shall—
“(A) prepare a report on the adequacy of the information provided to students and the parents of such students about educational loans, after consulting with students, representatives of covered institutions (including financial aid administrators, registrars, and business officers), lenders, loan servicers, and guaranty agencies;
“(B) include in the report a model format, based on the report's findings, to be used by lenders and covered institutions in carrying out subsections (b) and (c)—
“(i) that provides information on the applicable interest rates and other terms and conditions of the educational loans provided by a lender to students attending the institution, or the parents of such students, disaggregated by each type of educational loans provided to such students or parents by the lender, including—
“(I) the interest rate and terms and conditions of the loans offered by the lender for the upcoming academic year;
“(II) with respect to such loans, any benefits that are contingent on the repayment behavior of the borrower;
“(III) the average amount borrowed from the lender by students enrolled in the institution who obtain loans of such type from the lender for the preceding academic year;
“(b) Lender duties.—Each lender that has an educational loan arrangement with a covered institution shall annually, by a date determined by the Secretary, provide to the covered institution and to the Secretary the information included on the model format for each type of educational loan provided by the lender to students attending the covered institution, or the parents of such students, for the preceding academic year.
“(c) Covered institution duties.—Each covered institution shall—
“(1) prepare and submit to the Secretary an annual report, by a date determined by the Secretary, that includes, for each lender that has an educational loan arrangement with the covered institution and that has submitted to the institution the information required under subsection (b)—
“(2) ensure that the report required under paragraph (1) is made available to the public and provided to students attending or planning to attend the covered institution, and the parents of such students, in time for the student or parent to take such information into account before applying for or selecting an educational loan.”.
(a) Study, assessments, and recommendations.—The Comptroller General of the United States shall—
(1) conduct a study of—
(A) the information that States currently have on the employment of students who have completed postsecondary education programs;
(B) the feasibility of collecting information on students who complete all types of postsecondary education programs (including 2- and 4-year degree, certificate, and professional and graduate programs) at all types of institutions (including public, private nonprofit, and for–profit schools), regarding—
(C) the evaluation systems used by other industries to identify successful programs and challenges, set priorities, monitor performance, and make improvements;
(D) the best means of collecting information from or regarding recent postsecondary graduates, including—
(ii) whether postsecondary graduates could be encouraged to submit voluntary information by allowing a graduate to access aggregated information about other graduates (such as graduates from the graduate's school, with the graduate's degree, or in the graduate's area) if the graduate completes an online questionnaire;
(iii) whether employers could be encouraged to submit information by allowing an employer to access aggregated information about graduates (such as institutions of higher education attended, degrees, or starting pay) if the employer completes an online questionnaire to evaluate the employer's satisfaction with the graduates the employer hires; and
(2) provide assessments and recommendations regarding—
(A) whether successful State cooperative relationships between higher education system offices and State agencies responsible for employment statistics can be encouraged and replicated in other States;
(B) whether there is value in collecting additional information from or about the employment experience of individuals who have recently completed a postsecondary educational program;
(D) if a website is used for such information, whether the website should be run by a governmental agency or contracted out to an independent education or employment organization;
(E) whether a voluntary information system would work, both from the graduates’ and employers’ perspectives;
(F) the value of such information to future students, institutions, accrediting agencies or associations, policymakers, and employers, including how the information would be used and the practical applications of the information;
(a) Percentage pass rate.—
(b) Study.—
(1) IN GENERAL.—Not later than 2 years after the date of enactment of this Act, the Comptroller General of the United States shall—
(2) CONTENTS.—The study conducted under this subsection shall include the following:
(A) The amount of Federal student financial aid dollars that are being spent on graduate medical schools located outside of the United States every year, and the percentage of overall student aid such amount represents.
(B) The percentage of students of such medical schools who pass the examinations administered by the Educational Commission for Foreign Medical Graduates the first time.
(C) The percentage of students of such medical schools who pass the examinations administered by the Educational Commission for Foreign Medical Graduates after taking such examinations multiple times, disaggregated by how many times the students had to take the examinations to pass.
(D) The percentage of recent graduates of such medical schools practicing medicine in the United States, and a description of where the students are practicing and what types of medicine the students are practicing.
SEC. 116. Demonstration and certification regarding the use of certain Federal funds.
(a) Prohibition.—No Federal funds received by an institution of higher education or other postsecondary educational institution may be used to pay any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any Federal action described in subsection (b).
(b) Applicability.—The prohibition in subsection (a) applies with respect to the following Federal actions:
(c) Lobbying and earmarks.—No Federal student aid funding may be used to hire a registered lobbyist or pay any person or entity for securing an earmark.
(d) Demonstration and certification.—Each institution of higher education or other postsecondary educational institution receiving Federal funding, as a condition for receiving such funding, shall annually demonstrate and certify to the Secretary of Education that the requirements of subsections (a) through (c) have been met.
Part A of title II (20 U.S.C. 1021 et seq.) is amended to read as follows:
“SEC. 201. Purposes; definitions.
“(a) Purposes.—The purposes of this part are to—
“(b) Definitions.—In this part:
“(1) ARTS AND SCIENCES.—The term ‘arts and sciences’ means—
“(2) CHILDREN FROM LOW-INCOME FAMILIES.—The term ‘children from low-income families’ means children as described in section 1124(c)(1)(A) of the Elementary and Secondary Education Act of 1965.
“(3) CORE ACADEMIC SUBJECTS.—The term ‘core academic subjects’ has the meaning given the term in section 9101 of the Elementary and Secondary Education Act of 1965.
“(4) EARLY CHILDHOOD EDUCATION PROGRAM.—The term ‘early childhood education program’ means—
“(A) a Head Start program or an Early Head Start program carried out under the Head Start Act (42 U.S.C. 9831 et seq.);
“(5) EARLY CHILDHOOD EDUCATOR.—The term ‘early childhood educator’ means an individual with primary responsibility for the education of children in an early childhood education program.
“(6) EDUCATIONAL SERVICE AGENCY.—The term ‘educational service agency’ has the meaning given the term in section 9101 of the Elementary and Secondary Education Act of 1965.
“(7) ELIGIBLE PARTNERSHIP.—The term ‘eligible partnership’ means an entity that—
“(A) shall include—
“(B) may include any of the following:
“(ix) A high-performing local educational agency, or a consortium of such local educational agencies, that can serve as a resource to the partnership.
“(x) A charter school (as defined in section 5210 of the Elementary and Secondary Education Act of 1965).
“(8) ESSENTIAL COMPONENTS OF READING INSTRUCTION.—The term ‘essential components of reading instruction’ has the meaning given such term in section 1208 of the Elementary and Secondary Education Act of 1965.
“(9) EXEMPLARY TEACHER.—The term ‘exemplary teacher’ has the meaning given such term in section 9101 of the Elementary and Secondary Education Act of 1965.
“(10) HIGH-NEED EARLY CHILDHOOD EDUCATION PROGRAM.—The term ‘high-need early childhood education program’ means an early childhood education program serving children from low-income families that is located within the geographic area served by a high-need local educational agency.
“(11) HIGH-NEED LOCAL EDUCATIONAL AGENCY.—The term ‘high-need local educational agency’ means a local educational agency—
“(A) (i) for which not less than 20 percent of the children served by the agency are children from low-income families;
“(12) HIGH-NEED SCHOOL.—The term ‘high-need school’ means a public elementary school or public secondary school that—
“(13) HIGHLY COMPETENT.—The term ‘highly competent’, when used with respect to an early childhood educator, means an educator—
“(A) with specialized education and training in development and education of young children from birth until entry into kindergarten;
“(14) HIGHLY QUALIFIED.—The term ‘highly qualified’ has the meaning given such term in section 9101 of the Elementary and Secondary Education Act of 1965 and, with respect to special education teachers, in section 602 of the Individuals with Disabilities Education Act.
“(15) INDUCTION PROGRAM.—The term ‘induction program’ means a formalized program for new teachers during not less than the teachers' first 2 years of teaching that is designed to provide support for, and improve the professional performance and advance the retention in the teaching field of, beginning teachers. Such program shall promote effective teaching skills and shall include the following components:
“(B) Periodic, structured time for collaboration with teachers in the same department or field, as well as time for information-sharing among teachers, principals, administrators, and participating faculty in the partner institution.
“(C) The application of empirically based practice and scientifically valid research on instructional practices.
“(D) Opportunities for new teachers to draw directly upon the expertise of teacher mentors, faculty, and researchers to support the integration of empirically based practice and scientifically valid research with practice.
“(E) The development of skills in instructional and behavioral interventions derived from empirically based practice and, where applicable, scientifically valid research.
“(G) Interdisciplinary collaboration among exemplary teachers, faculty, researchers, and other staff who prepare new teachers on the learning process and the assessment of learning.
“(16) LIMITED ENGLISH PROFICIENT.—The term ‘limited English proficient’ has the meaning given such term in section 9101 of the Elementary and Secondary Education Act of 1965.
“(17) PARTNER INSTITUTION.—The term ‘partner institution’ means an institution of higher education, which may include a 2-year institution of higher education offering a dual program with a 4-year institution of higher education, participating in an eligible partnership that has a teacher preparation program—
“(A) whose graduates exhibit strong performance on State-determined qualifying assessments for new teachers through—
“(i) demonstrating that 80 percent or more of the graduates of the program who intend to enter the field of teaching have passed all of the applicable State qualification assessments for new teachers, which shall include an assessment of each prospective teacher’s subject matter knowledge in the content area in which the teacher intends to teach; or
“(18) PRINCIPLES OF SCIENTIFIC RESEARCH.—The term ‘principles of scientific research’ means research that—
“(A) applies rigorous, systematic, and objective methodology to obtain reliable and valid knowledge relevant to education activities and programs;
“(B) presents findings and makes claims that are appropriate to and supported by the methods that have been employed; and
“(C) includes, appropriate to the research being conducted—
“(iii) reliance on measurements or observational methods that provide reliable and generalizable findings;
“(iv) claims of causal relationships only in research designs that substantially eliminate plausible competing explanations for the obtained results, which may include but shall not be limited to random-assignment experiments;
“(v) presentation of studies and methods in sufficient detail and clarity to allow for replication or, at a minimum, to offer the opportunity to build systematically on the findings of the research;
“(19) PROFESSIONAL DEVELOPMENT.—The term ‘professional development’ has the meaning given the term in section 9101 of the Elementary and Secondary Education Act of 1965.
“(20) SCIENTIFICALLY VALID RESEARCH.—The term ‘scientifically valid research’ includes applied research, basic research, and field-initiated research in which the rationale, design, and interpretation are soundly developed in accordance with accepted principles of scientific research.
“(21) TEACHER MENTORING.—The term ‘teacher mentoring’ means the mentoring of new or prospective teachers through a new or established program that—
“(A) includes clear criteria for the selection of teacher mentors who will provide role model relationships for mentees, which criteria shall be developed by the eligible partnership and based on measures of teacher effectiveness;
“(B) provides high-quality training for such mentors, including instructional strategies for literacy instruction;
“(C) provides regular and ongoing opportunities for mentors and mentees to observe each other’s teaching methods in classroom settings during the day in a high-need school in the high-need local educational agency in the eligible partnership;
“(D) provides mentoring to each mentee by a colleague who teaches in the same field, grade, or subject as the mentee;
“(22) TEACHING SKILLS.—The term ‘teaching skills’ means skills that enable a teacher to—
“(C) employ strategies grounded in the disciplines of teaching and learning that—
“(D) conduct an ongoing assessment of student learning, which may include the use of formative assessments, performance-based assessments, project-based assessments, or portfolio assessments, that measure higher-order thinking skills, including application, analysis, synthesis, and evaluation;
“(23) TEACHING RESIDENCY PROGRAM.—The term ‘teaching residency program’ means a school-based teacher preparation program in which a prospective teacher—
“(B) receives concurrent instruction during the year described in subparagraph (A) from the partner institution, which courses may be taught by local educational agency personnel or residency program faculty, in the teaching of the content area in which the teacher will become certified or licensed;
“SEC. 202. Partnership grants.
“(a) Program authorized.—From amounts made available under section 208, the Secretary is authorized to award grants, on a competitive basis, to eligible partnerships, to enable the eligible partnerships to carry out the activities described in subsection (c).
“(b) Application.—Each eligible partnership desiring a grant under this section shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may require. Each such application shall contain—
“(1) a needs assessment of all the partners in the eligible partnership with respect to the preparation, ongoing training, professional development, and retention, of general and special education teachers, principals, and, as applicable, early childhood educators;
“(2) a description of the extent to which the program prepares prospective and new teachers with strong teaching skills;
“(3) a description of the extent to which the program will prepare prospective and new teachers to understand research and data and the applicability of research and data in the classroom;
“(4) a description of how the partnership will coordinate strategies and activities assisted under the grant with other teacher preparation or professional development programs, including those funded under the Elementary and Secondary Education Act of 1965 and the Individuals with Disabilities Education Act, and through the National Science Foundation, and how the activities of the partnership will be consistent with State, local, and other education reform activities that promote student achievement;
“(6) a description of—
“(B) how the partnership will carry out the activities required under subsection (d) or (e) based on the needs identified in paragraph (1), with the goal of improving student achievement;
“(D) how the partnership will align the teacher preparation program with the—
“(E) how faculty at the partner institution will work with, during the term of the grant, highly qualified teachers in the classrooms of schools served by the high-need local educational agency in the partnership to provide high-quality professional development activities;
“(F) how the partnership will design, implement, or enhance a year-long, rigorous, and enriching teaching preservice clinical program component;
“(H) how the partnership will collect, analyze, and use data on the retention of all teachers and early childhood educators in schools and early childhood programs located in the geographic area served by the partnership to evaluate the effectiveness of the partnership's teacher and educator support system; and
“(7) with respect to the induction program required as part of the activities carried out under this section—
“(A) a demonstration that the schools and departments within the institution of higher education that are part of the induction program have relevant and essential roles in the effective preparation of teachers, including content expertise and expertise in teaching;
“(B) a demonstration of the partnership's capability and commitment to the use of empirically based practice and scientifically valid research on teaching and learning, and the accessibility to and involvement of faculty;
“(C) a description of how the teacher preparation program will design and implement an induction program to support all new teachers through not less than the first 2 years of teaching in the further development of the new teachers' teaching skills, including the use of mentors who are trained and compensated by such program for the mentors' work with new teachers; and
“(c) Required use of grant funds.—An eligible partnership that receives a grant under this part shall use grant funds to carry out a program for the pre-baccalaureate preparation of teachers under subsection (d), a teaching residency program under subsection (e), or both such programs.
“(d) Partnership grants for pre-baccalaureate preparation of teachers.—An eligible partnership that receives a grant to carry out an effective program for the pre-baccalaureate preparation of teachers shall carry out a program that includes all of the following:
“(1) REFORMS.—
“(A) IN GENERAL.—Implementing reforms, described in subparagraph (B), within each teacher preparation program and, as applicable, each preparation program for early childhood education programs, of the eligible partnership that is assisted under this section, to hold each program accountable for—
“(i) preparing—
“(I) current or prospective teachers to be highly qualified (including teachers in rural school districts who may teach multiple subjects, special educators, and teachers of students who are limited English proficient who may teach multiple subjects);
“(II) such teachers and, as applicable, early childhood educators, to understand empirically based practice and scientifically valid research on teaching and learning and its applicability, and to use technology effectively, including the use of instructional techniques to improve student achievement; and
“(B) REQUIRED REFORMS.—The reforms described in subparagraph (A) shall include—
“(i) implementing teacher preparation program curriculum changes that improve, evaluate, and assess how well all prospective and new teachers develop teaching skills;
“(ii) using empirically based practice and scientifically valid research, where applicable, about the disciplines of teaching and learning so that all prospective teachers and, as applicable, early childhood educators—
“(III) possess skills to analyze student academic achievement data and other measures of student learning and use such data and measures to improve instruction in the classroom;
“(IV) possess teaching skills and an understanding of effective instructional strategies across all applicable content areas that enable the teachers and early childhood educators to—
“(2) CLINICAL EXPERIENCE AND INTERACTION.—Developing and improving a sustained and high-quality pre-service clinical education program to further develop the teaching skills of all prospective teachers and, as applicable, early childhood educators, involved in the program. Such program shall do the following:
“(A) Incorporate year-long opportunities for enrichment activity or a combination of activities, including—
“(B) Integrate pedagogy and classroom practice and promote effective teaching skills in academic content areas.
“(D) (i) Be offered over the course of a program of teacher preparation;
“(E) Provide support and training for those individuals participating in an activity for prospective teachers described in this paragraph or paragraph (1) or (2), and for those who serve as mentors for such teachers, based on each individual’s experience. Such support may include—
“(i) with respect to a prospective teacher or a mentor, release time for such individual’s participation;
“(3) INDUCTION PROGRAMS FOR NEW TEACHERS.—Creating an induction program for new teachers, or, in the case of an early childhood education program, providing mentoring or coaching for new early childhood educators.
“(4) SUPPORT AND TRAINING FOR PARTICIPANTS IN EARLY CHILDHOOD EDUCATION PROGRAMS.—In the case of an eligible partnership focusing on early childhood educator preparation, implementing initiatives that increase compensation for early childhood educators who attain associate or baccalaureate degrees in early childhood education.
“(e) Partnership grants for the establishment of teaching residency programs.—
“(1) IN GENERAL.—An eligible partnership receiving a grant to carry out an effective teaching residency program shall carry out a program that includes all of the following activities:
“(A) Supporting a teaching residency program described in paragraph (2) for high-need subjects and areas, as determined by the needs of the high-need local educational agency in the partnership.
“(B) Modifying staffing procedures to provide greater flexibility for local educational agency and school leaders to establish effective school-level staffing in order to facilitate placement of graduates of the teaching residency program in cohorts that facilitate professional collaboration, both among graduates of the teaching residency program and between such graduates and mentor teachers in the receiving school.
“(2) TEACHING RESIDENCY PROGRAMS.—
“(A) ESTABLISHMENT AND DESIGN.—A teaching residency program under this paragraph shall be a program based upon models of successful teaching residencies that serves as a mechanism to prepare teachers for success in the high-need schools in the eligible partnership, and shall be designed to include the following characteristics of successful programs:
“(ii) Engagement of teaching residents in rigorous graduate-level coursework to earn a master’s degree while undertaking a guided teaching apprenticeship.
“(iii) Experience and learning opportunities alongside a trained and experienced mentor teacher—
“(I) whose teaching shall complement the residency program so that classroom clinical practice is tightly aligned with coursework;
“(II) who shall have extra responsibilities as a teacher leader of the teaching residency program, as a mentor for residents, and as a teacher coach during the induction program for novice teachers, and for establishing, within the program, a learning community in which all individuals are expected to continually improve their capacity to advance student learning; and
“(iv) The establishment of clear criteria for the selection of mentor teachers based on measures of teacher effectiveness and the appropriate subject area knowledge. Evaluation of teacher effectiveness shall be based on observations of such domains of teaching as the following:
“(I) Planning and preparation, including demonstrated knowledge of content, pedagogy, and assessment, including the use of formative assessments to improve student learning.
“(IV) Analysis of gains in student learning, based on multiple measures, that, when feasible, may include valid and reliable objective measures of the influence of teachers on the rate of student academic progress.
“(V) In the case of mentor candidates who will be mentoring current or future literacy and mathematics coaches or instructors, appropriate skills in the essential components of reading instruction, teacher training in literacy instructional strategies across core subject areas, and teacher training in mathematics instructional strategies, as appropriate.
“(v) Grouping of teaching residents in cohorts to facilitate professional collaboration among such residents.
“(vi) The development of admissions goals and priorities aligned with the hiring objectives of the local educational agency partnering with the program, as well as the instructional initiatives and curriculum of the agency, in exchange for a commitment by the agency to hire graduates from the teaching residency program.
“(B) SELECTION OF INDIVIDUALS AS TEACHER RESIDENTS.—
“(i) ELIGIBLE INDIVIDUAL.—In order to be eligible to be a teacher resident in a teaching residency program under this paragraph, an individual shall—
“(ii) SELECTION CRITERIA.—An eligible partnership carrying out a teaching residency program under this subparagraph shall establish criteria for the selection of eligible individuals to participate in the teaching residency program based on the following characteristics:
“(I) Strong content knowledge or record of accomplishment in the field or subject area to be taught.
“(C) STIPEND AND SERVICE REQUIREMENT.—
“(i) STIPEND.—A teaching residency program under this paragraph shall provide a 1-year living stipend or salary to teaching residents during the 1-year teaching residency program.
“(ii) SERVICE REQUIREMENT.—As a condition of receiving a stipend under this subparagraph, a teaching resident shall agree to teach in a high-need school served by the high-need local educational agency in the eligible partnership for a period of 3 or more years after completing the 1-year teaching residency program.
“(iii) REPAYMENT.—If a teaching resident who received a stipend under this subparagraph does not complete the service requirement described in clause (ii), such individual shall repay to the high-need local educational agency a pro rata portion of the stipend amount for the amount of teaching time that the individual did not complete.
“(f) Allowable use of grant funds.—An eligible partnership that receives a grant under this part may use grant funds provided to carry out the activities described in subsections (d) and (e) to partner with a television public broadcast station, as defined in section 397(6) of the Communications Act of 1934 (47 U.S.C. 397(6)), for the purpose of improving the quality of pre-baccalaureate teacher preparation programs. The partnership may use such funds to enhance the quality of pre-service training for prospective teachers, including through the use of digital educational content and related services.
“(g) Consultation.—
“(1) IN GENERAL.—Members of an eligible partnership that receives a grant under this section shall engage in regular consultation throughout the development and implementation of programs and activities under this section.
“(2) REGULAR COMMUNICATION.—To ensure timely and meaningful consultation, regular communication shall occur among all members of the eligible partnership, including the high-need local educational agency. Such communication shall continue throughout the implementation of the grant and the assessment of programs and activities under this section.
“(h) Construction.—Nothing in this section shall be construed to prohibit an eligible partnership from using grant funds to coordinate with the activities of eligible partnerships in other States or on a regional basis through Governors, State boards of education, State educational agencies, State agencies responsible for early childhood education, local educational agencies, or State agencies for higher education.
“(i) Supplement, Not Supplant.—Funds made available under this section shall be used to supplement, and not supplant, other Federal, State, and local funds that would otherwise be expended to carry out activities under this section.
“SEC. 203. Administrative provisions.
“(a) Duration; Number of Awards; Payments.—
“(2) NUMBER OF AWARDS.—An eligible partnership may not receive more than 1 grant during a 5-year period. Nothing in this title shall be construed to prohibit an individual member, that can demonstrate need, of an eligible partnership that receives a grant under this title from entering into another eligible partnership consisting of new members and receiving a grant with such other eligible partnership before the 5-year period described in the preceding sentence applicable to the eligible partnership with which the individual member has first partnered has expired.
“(b) Peer Review.—
“(1) PANEL.—The Secretary shall provide the applications submitted under this part to a peer review panel for evaluation. With respect to each application, the peer review panel shall initially recommend the application for funding or for disapproval.
“(2) PRIORITY.—In recommending applications to the Secretary for funding under this part, the panel shall give priority—
“(3) SECRETARIAL SELECTION.—The Secretary shall determine, based on the peer review process, which applications shall receive funding and the amounts of the grants. In determining the grant amount, the Secretary shall take into account the total amount of funds available for all grants under this part and the types of activities proposed to be carried out by the eligible partnership.
“(c) Matching requirements.—
“(1) IN GENERAL.—Each eligible partnership receiving a grant under this part shall provide, from non-Federal sources, an amount equal to 100 percent of the amount of the grant, which may be provided in cash or in-kind, to carry out the activities supported by the grant.
“(2) WAIVER.—The Secretary may waive all or part of the matching requirement described in paragraph (1) for any fiscal year for an eligible partnership, if the Secretary determines that applying the matching requirement to the eligible partnership would result in serious hardship or an inability to carry out the authorized activities described in this part.
“(d) Limitation on Administrative Expenses.—An eligible partnership that receives a grant under this part may use not more than 2 percent of the grant funds for purposes of administering the grant.
“SEC. 204. Accountability and evaluation.
“(a) Eligible Partnership Evaluation.—Each eligible partnership submitting an application for a grant under this part shall establish and include in such application, an evaluation plan that includes strong performance objectives. The plan shall include objectives and measures for increasing—
“(3) improvement in the pass rates and scaled scores for initial State certification or licensure of teachers; and
“(4) (A) the percentage of highly qualified teachers hired by the high-need local educational agency participating in the eligible partnership;
“(C) the percentage of such teachers who teach high-need academic subject areas (such as reading, mathematics, science, and foreign language, including less commonly taught languages and critical foreign languages);
“(D) the percentage of such teachers who teach in high-need areas (including special education, language instruction educational programs for limited English proficient students, and early childhood education);
“(b) Information.—An eligible partnership receiving a grant under this part shall ensure that teachers, principals, school superintendents, and faculty and leadership at institutions of higher education located in the geographic areas served by the eligible partnership under this part are provided information about the activities carried out with funds under this part, including through electronic means.
“(c) Revocation of Grant.—If the Secretary determines that an eligible partnership receiving a grant under this part is not making substantial progress in meeting the purposes, goals, objectives, and measures, as appropriate, of the grant by the end of the third year of a grant under this part, then the Secretary shall require such eligible partnership to submit a revised application that identifies the steps the partnership will take to make substantial progress to meet the purposes, goals, objectives, and measures, as appropriate, of this part.
“(d) Evaluation and Dissemination.—The Secretary shall evaluate the activities funded under this part and report the Secretary’s findings regarding the activities to the authorizing committees. The Secretary shall broadly disseminate—
“SEC. 205. Accountability for programs that prepare teachers.
“(a) Institutional and Program Report Cards on the Quality of Teacher Preparation.—
“(1) REPORT CARD.—Each institution of higher education that conducts a traditional teacher preparation program or alternative routes to State certification or licensure program and that enrolls students receiving Federal assistance under this Act shall report annually to the State and the general public, in a uniform and comprehensible manner that conforms with the definitions and methods established by the Secretary, both for traditional teacher preparation programs and alternative routes to State certification or licensure programs, the following information:
“(A) PASS RATES AND SCALED SCORES.—For the most recent year for which the information is available for those students who took the assessments and are enrolled in the traditional teacher preparation program or alternative routes to State certification or licensure program, and for those who have taken the assessments and have completed the traditional teacher preparation program or alternative routes to State certification or licensure program during the 2-year period preceding such year, for each of the assessments used for teacher certification or licensure by the State in which the program is located—
“(i) the percentage of students who have completed 100 percent of the nonclinical coursework and taken the assessment who pass such assessment;
“(iii) the percentage of students taking an assessment who completed the teacher preparation program after enrolling in the program, which shall be made available widely and publicly by the State;
“(B) PROGRAM INFORMATION.—The criteria for admission into the program, the number of students in the program (disaggregated by race and gender), the average number of hours of supervised clinical experience required for those in the program, the number of full-time equivalent faculty and students in the supervised clinical experience, and the total number of students who have been certified or licensed as teachers, disaggregated by subject and area of certification or licensure.
“(C) STATEMENT.—In States that require approval or accreditation of teacher preparation programs, a statement of whether the institution’s program is so approved or accredited, and by whom.
“(D) DESIGNATION AS LOW-PERFORMING.—Whether the program has been designated as low-performing by the State under section 207(a).
“(E) USE OF TECHNOLOGY.—A description of the activities that prepare teachers to effectively integrate technology into curricula and instruction and effectively use technology to collect, manage, and analyze data in order to improve teaching, learning, and decisionmaking for the purpose of increasing student academic achievement.
“(2) REPORT.—Each eligible partnership receiving a grant under section 202 shall report annually on the progress of the eligible partnership toward meeting the purposes of this part and the objectives and measures described in section 204(a).
“(3) FINES.—The Secretary may impose a fine not to exceed $25,000 on an institution of higher education for failure to provide the information described in this subsection in a timely or accurate manner.
“(4) SPECIAL RULE.—In the case of an institution of higher education that conducts a traditional teacher preparation program or alternative routes to State certification or licensure program and has fewer than 10 scores reported on any single initial teacher certification or licensure assessment during an academic year, the institution shall collect and publish information, as required under paragraph (1)(A), with respect to an average pass rate and scaled score on each State certification or licensure assessment taken over a 3-year period.
“(b) State Report Card on the Quality of Teacher Preparation.—
“(1) IN GENERAL.—Each State that receives funds under this Act shall provide to the Secretary, annually, in a uniform and comprehensible manner that conforms with the definitions and methods established by the Secretary, a State report card on the quality of teacher preparation in the State, both for traditional teacher preparation programs and for alternative routes to State certification or licensure programs, which shall include not less than the following:
“(A) A description of reliability and validity of the teacher certification and licensure assessments, and any other certification and licensure requirements, used by the State.
“(B) The standards and criteria that prospective teachers must meet in order to attain initial teacher certification or licensure and to be certified or licensed to teach particular academic subject areas or in particular grades within the State.
“(C) A description of how the assessments and requirements described in subparagraph (A) are aligned with the State’s challenging academic content standards required under section 1111(b)(1) of the Elementary and Secondary Education Act of 1965 and State early learning standards for early childhood education programs.
“(D) For each of the assessments used by the State for teacher certification or licensure—
“(i) for each institution of higher education located in the State and each entity located in the State that offers an alternative route for teacher certification or licensure, the percentage of students at such institution or entity who have completed 100 percent of the nonclinical coursework and taken the assessment who pass such assessment;
“(E) A description of alternative routes to State certification or licensure in the State (including any such routes operated by entities that are not institutions of higher education), if any, including, for each of the assessments used by the State for teacher certification or licensure—
“(F) A description of the State’s criteria for assessing the performance of teacher preparation programs within institutions of higher education in the State. Such criteria shall include indicators of the academic content knowledge and teaching skills of students enrolled in such programs.
“(G) For each teacher preparation program in the State, the criteria for admission into the program, the number of students in the program, disaggregated by race and gender (except that such disaggregation shall not be required in a case in which the number of students in a category is insufficient to yield statistically reliable information or the results would reveal personally identifiable information about an individual student), the average number of hours of supervised clinical experience required for those in the program, and the number of full-time equivalent faculty, adjunct faculty, and students in supervised clinical experience.
“(H) For the State as a whole, and for each teacher preparation program in the State, the number of teachers prepared, in the aggregate and reported separately by—
“(I) Using the data generated under subparagraphs (G) and (H), a description of the extent to which teacher preparation programs are helping to address shortages of highly qualified teachers, by area of certification or licensure, subject, and specialty, in the State’s public schools.
“(J) A description of the activities that prepare teachers to effectively integrate technology into curricula and instruction and effectively use technology to collect, manage, and analyze data in order to improve teaching, learning, and decisionmaking for the purpose of increasing student academic achievement.
“(c) Report of the Secretary on the Quality of Teacher Preparation.—
“(1) REPORT CARD.—The Secretary shall provide to Congress, and publish and make widely available, a report card on teacher qualifications and preparation in the United States, including all the information reported in subparagraphs (A) through (J) of subsection (b)(1). Such report shall identify States for which eligible partnerships received a grant under this part. Such report shall be so provided, published, and made available annually.
“(2) REPORT TO CONGRESS.—The Secretary shall prepare and submit a report to Congress that contains the following:
“(A) A comparison of States’ efforts to improve the quality of the current and future teaching force.
“(3) SPECIAL RULE.—In the case of a teacher preparation program with fewer than 10 scores reported on any single initial teacher certification or licensure assessment during an academic year, the Secretary shall collect and publish information, and make publicly available, with respect to an average pass rate and scaled score on each State certification or licensure assessment taken over a 3-year period.
“(d) Coordination.—The Secretary, to the extent practicable, shall coordinate the information collected and published under this part among States for individuals who took State teacher certification or licensure assessments in a State other than the State in which the individual received the individual’s most recent degree.
“SEC. 205A. Teacher development.
“(a) Annual goals.—As a condition of receiving assistance under title IV, each institution of higher education that conducts a traditional teacher preparation program or alternative routes to State certification or licensure program and that enrolls students receiving Federal assistance under this Act shall set annual quantifiable goals for—
“(b) Assurance.—As a condition of receiving assistance under title IV, each institution described in subsection (a) shall provide an assurance to the Secretary that—
“(1) training provided to prospective teachers responds to the identified needs of the local educational agencies or States where the institution's graduates are likely to teach, based on past hiring and recruitment trends;
“(2) prospective special education teachers receive coursework in core academic subjects and receive training in providing instruction in core academic subjects;
“(c) Public Reporting.—As part of the annual report card required under section 205(a)(1), an institution of higher education described in subsection (a) shall publicly report whether the goals established under such subsection have been met.
“(a) State Assessment.—In order to receive funds under this Act, a State shall have in place a procedure to identify and assist, through the provision of technical assistance, low-performing programs of teacher preparation. Such State shall provide the Secretary an annual list of such low-performing teacher preparation programs that includes an identification of those programs at risk of being placed on such list. Such levels of performance shall be determined solely by the State and may include criteria based on information collected pursuant to this part. Such assessment shall be described in the report under section 205(b).
“(b) Termination of Eligibility.—Any program of teacher preparation from which the State has withdrawn the State’s approval, or terminated the State’s financial support, due to the low performance of the program based upon the State assessment described in subsection (a)—
“(1) shall be ineligible for any funding for professional development activities awarded by the Department;
“(c) Negotiated Rulemaking.—If the Secretary develops any regulations implementing subsection (b)(2), the Secretary shall submit such proposed regulations to a negotiated rulemaking process, which shall include representatives of States, institutions of higher education, and educational and student organizations.
“(d) Application of the Requirements.—The requirements of this section shall apply to both traditional teacher preparation programs and alternative routes to State certification and licensure programs.
“SEC. 207. General provisions.
“(a) Methods.—In complying with sections 205 and 206, the Secretary shall ensure that States and institutions of higher education use fair and equitable methods in reporting and that the reporting methods do not allow identification of individuals.
“(b) Special Rule.—For each State that does not use content assessments as a means of ensuring that all teachers teaching in core academic subjects within the State are highly qualified, as required under section 1119 of the Elementary and Secondary Education Act of 1965 and in accordance with the State plan submitted or revised under section 1111 of such Act, and that each person employed as a special education teacher in the State who teaches elementary school, middle school, or secondary school is highly qualified by the deadline, as required under section 612(a)(14)(C) of the Individuals with Disabilities Education Act,—
“(c) Release of Information to Teacher Preparation Programs.—
“(1) IN GENERAL.—For the purpose of improving teacher preparation programs, a State educational agency that receives funds under this Act, or that participates as a member of a partnership, consortium, or other entity that receives such funds, shall provide to a teacher preparation program, upon the request of the teacher preparation program, any and all pertinent education-related information that—
“(2) CONTENT OF INFORMATION.—The information described in paragraph (1)—
“(A) shall include an identification of specific individuals who graduated from the teacher preparation program to enable the teacher preparation program to evaluate the information provided to the program from the State educational agency with the program’s own data about the specific courses taken by, and field experiences of, the individual graduates; and
“SEC. 208. Authorization of appropriations.
“There are authorized to be appropriated to carry out this part such sums as may be necessary for fiscal year 2008 and each of the 5 succeeding fiscal years.”.
Title II (20 U.S.C. 1021 et seq.) is amended by adding at the end the following:
“(a) Federal control prohibited.—Nothing in this title shall be construed to permit, allow, encourage, or authorize any Federal control over any aspect of any private, religious, or home school, whether or not a home school is treated as a private school or home school under State law. This section shall not be construed to prohibit private, religious, or home schools from participation in programs or services under this title.
Section 311 (20 U.S.C. 1057) is amended—
(2) in subsection (c)—
(A) in paragraph (6), by inserting “, including innovative, customized, remedial education and English language instruction courses designed to help retain students and move the students rapidly into core courses and through program completion” before the period;
Section 312 (20 U.S.C. 1058) is amended—
Section 316 (20 U.S.C. 1059c) is amended—
(1) by striking subsection (b)(3) and inserting the following:
“(3) TRIBAL COLLEGE OR UNIVERSITY.—The term ‘Tribal College or University’ means an institution that—
(2) in subsection (c)(2)—
(A) in subparagraph (B), by inserting before the semicolon at the end the following: “and the acquisition of real property adjacent to the campus of the institution”;
(B) by redesignating subparagraphs (G), (H), (I), (J), (K), and (L) as subparagraphs (H), (I), (J), (K), (L), and (N), respectively;
(D) in subparagraph (L) (as redesignated by subparagraph (B)), by striking “and” after the semicolon;
(3) by striking subsection (d) and inserting
the following: “(d) Application, Plan, and Allocation.— “(1) INSTITUTIONAL ELIGIBILITY.—To be eligible to receive assistance under
this section, a Tribal College or University shall be an eligible institution
under section 312(b). “(2) APPLICATION.— “(3) ALLOCATIONS TO INSTITUTIONS.— “(A) CONSTRUCTION GRANTS.— “(B) ALLOTMENT OF REMAINING FUNDS.— “(i) IN GENERAL.—Except as provided in clause (ii), the
Secretary shall distribute the remaining funds appropriated for any fiscal year
to each eligible institution as follows: “(I) 60 percent of the remaining appropriated
funds shall be distributed among the eligible Tribal Colleges and Universities
on a pro rata basis, based on the respective Indian student counts (as defined
in section 2(a) of the Tribally Controlled College or University Assistance Act
of 1978 (25 U.S.C.
1801(a)) of the Tribal Colleges and Universities; and
Section 317(c)(2) (20 U.S.C. 1059d(c)(2)) is amended—
(a) Grant Program Authorized.—Part A of title III (20 U.S.C. 1057 et seq.) is amended by adding at the end the following:
“SEC. 318. Native American-serving, nontribal institutions.
“(a) Program Authorized.—The Secretary shall provide grants and related assistance to Native American-serving, nontribal institutions to enable such institutions to improve and expand their capacity to serve Native Americans.
“(b) Definitions.—In this section:
“(1) NATIVE AMERICAN.—The term ‘Native American’ means an individual who is of a tribe, people, or culture that is indigenous to the United States.
“(c) Authorized Activities.—
“(1) TYPES OF ACTIVITIES AUTHORIZED.—Grants awarded under this section shall be used by Native American-serving, nontribal institutions to assist such institutions to plan, develop, undertake, and carry out activities to improve and expand such institutions’ capacity to serve Native Americans.
“(2) EXAMPLES OF AUTHORIZED ACTIVITIES.—Such programs may include—
“(A) the purchase, rental, or lease of scientific or laboratory equipment for educational purposes, including instructional and research purposes;
“(B) renovation and improvement in classroom, library, laboratory, and other instructional facilities;
“(C) support of faculty exchanges, and faculty development and faculty fellowships to assist faculty in attaining advanced degrees in the faculty’s field of instruction;
“(d) Application Process.—
“(1) INSTITUTIONAL ELIGIBILITY.—A Native American-serving, nontribal institution desiring to receive assistance under this section shall submit to the Secretary such enrollment data as may be necessary to demonstrate that the institution is a Native American-serving, nontribal institution, along with such other information and data as the Secretary may by regulation require.
“(2) APPLICATIONS.—
“(A) PERMISSION TO SUBMIT APPLICATIONS.—Any institution that is determined by the Secretary to be a Native American-serving, nontribal institution may submit an application for assistance under this section to the Secretary.
“(3) SPECIAL RULES.—
“(A) ELIGIBILITY.—No Native American-serving, nontribal institution that receives funds under this section shall concurrently receive funds under other provisions of this part or part B.
(b) Minimum grant amount.—Section 399 (20 U.S.C. 1068h) is amended by adding at the end the following:
Section 322(4) (20 U.S.C. 1061(4)) is amended by inserting “, in consultation with the Commissioner for Education Statistics” before “and the Commissioner”.
Section 323(a) (20 U.S.C. 1062(a)) is amended—
Section 324 (20 U.S.C. 1063) is amended by adding at the end the following:
“(h) Special Rule on Eligibility.—Notwithstanding any other provision of this section, a part B institution shall not receive an allotment under this section unless the part B institution provides, on an annual basis, data indicating that the part B institution—
Section 326 (20 U.S.C. 1063b) is amended—
(1) in subsection (c)—
(A) in paragraph (2), by inserting “, and for the acquisition and development of real property that is adjacent to the campus for such construction, maintenance, renovation, or improvement” after “services”;
(D) in paragraph (7) (as redesignated by subparagraph (B)), by striking “establish or improve” and inserting “establishing or improving”;
(2) in subsection (e)—
(3) in subsection (f)—
(B) in paragraph (2), by striking “(Q) and (R)” and inserting “(S), (T), (U), (V), (W), (X), (Y), (Z), and (AA)”; and
(C) in paragraph (3)—
(ii) by striking subparagraphs (A) and (B) and inserting the following:
(iii) in subparagraph (C), by striking “(or the equivalent) enrolled in the eligible professional or graduate school” and all that follows through the period and inserting “enrolled in the qualified programs or institutions listed in paragraph (1).”;
(v) by striking subparagraph (E) and inserting the following:
“(E) The percentage that the total number of Black American students and minority students who receive their first professional, master’s, or doctoral degrees from the institution or program in the academic year preceding the academic year for which the determination is made, represents of the total number of Black American students and minority students in the United States who receive their first professional, master’s, or doctoral degrees in the professions or disciplines related to the course of study at such institution or program, respectively, in the preceding academic year.”; and
Section 345 (20 U.S.C. 1066d) is amended—
(3) by adding at the end the following:
“(8) not later than 90 days after the date of enactment of the Higher Education Amendments of 2007, shall submit to the authorizing committees a report on the progress of the Department in implementing the recommendations made by the Government Accountability Office in October 2006 for improving the Historically Black College and Universities Capital Financing Program.”.
Subsection (a) of section 399 (20 U.S.C. 1068h) is amended to read as follows:
“(a) Authorizations.—
“(1) PART A.— (A) There are authorized to be appropriated to carry out part A (other than sections 316, 317, and 318) such sums as may be necessary for fiscal year 2008 and each of the 5 succeeding fiscal years.
“(B) There are authorized to be appropriated to carry out section 316 such sums as may be necessary for fiscal year 2008 and each of the 5 succeeding fiscal years.
“(2) PART B.— (A) There are authorized to be appropriated to carry out part B (other than section 326) such sums as may be necessary for fiscal year 2008 and each of the 5 succeeding fiscal years.
“(3) PART C.—There are authorized to be appropriated to carry out part C such sums as may be necessary for fiscal year 2008 and each of the 5 succeeding fiscal years.
Title III (20 U.S.C. 1051 et seq.) is further amended—
(2) in section 343(e) (20 U.S.C. 1066b(e)), by inserting “Sale of Qualified Bonds.—” before “Notwithstanding”;
(3) in the matter preceding clause (i) of section 365(9)(A) (20 U.S.C. 1067k(9)(A)), by striking “support” and inserting “supports”;
(4) in section 391(b)(7)(E) (20 U.S.C. 1068(b)(7)(E)), by striking “subparagraph (E)” and inserting “subparagraph (D)”;
(5) in the matter preceding subparagraph (A) of section 392(b)(2) (20 U.S.C. 1068a(b)(2)), by striking “eligible institutions under part A institutions” and inserting “eligible institutions under part A”; and
(a) Amendments.—Section 401 (20 U.S.C. 1070a) is amended—
(2) in subsection (b)—
(A) by striking paragraph (2)(A) and inserting the following:
less an amount equal to the amount determined to be the expected family contribution with respect to that student for that year.”;(C) in paragraph (5), by striking “$400, except” and all that follows through the period and inserting “10 percent of the maximum basic grant level specified in the appropriate Appropriation Act for such academic year, except that a student who is eligible for a Federal Pell Grant in an amount that is equal to or greater than 5 percent of such level but less than 10 percent of such level shall be awarded a Federal Pell grant in the amount of 10 percent of such level.”; and
(D) by striking paragraph (6) and inserting the following:
“(6) In the case of a student who is enrolled, on at least a half-time basis and for a period of more than 1 academic year in a single award year in a 2-year or 4-year program of instruction for which an institution of higher education awards an associate or baccalaureate degree, the Secretary shall award such student not more than 2 Federal Pell Grants during that award year to permit such student to accelerate the student’s progress toward a degree. In the case of a student receiving more than 1 Federal Pell Grant in a single award year, the total amount of Federal Pell Grants awarded to such student for the award year may exceed the maximum basic grant level specified in the appropriate appropriations Act for such award year.”; and
(3) in subsection (c), by adding at the end the following:
“(5) The period of time during which a student may receive Federal Pell Grants shall not exceed 18 semesters, or an equivalent period of time as determined by the Secretary pursuant to regulations, which period shall—
Section 401A (20 U.S.C. 1070a–1) is amended—
(3) in subsection (c)—
(A) in the matter preceding paragraph (1), by striking “full-time” and all that follows through “is made” and inserting “student who”;
(D) in paragraph (3)—
(i) by striking subparagraph (A) and inserting the following:
“(A) the first year of a program of undergraduate education at a 2- or 4-year degree-granting institution of higher education (including a program of not less than 1 year for which the institution awards a certificate), has successfully completed, after January 1, 2006, a rigorous secondary school program of study established by a State or local educational agency and recognized as such by the Secretary;”;
(ii) in subparagraph (B)—
(I) in the matter preceding clause (i), by striking “academic” and all that follows through “higher education” and inserting “year of a program of undergraduate education at a 2- or 4-year degree-granting institution of higher education (including a program of not less than 2 years for which the institution awards a certificate)”; and
(iv) by adding at the end the following:
“(D) the third or fourth year of a program of undergraduate education at an institution of higher education (as defined in section 101(a)) that demonstrates, to the satisfaction of the Secretary, that the institution—
“(i) offers a single liberal arts curriculum leading to a baccalaureate degree, under which students are not permitted by the institution to declare a major in a particular subject area, and those students—
“(I) study, in such years, a subject described in subparagraph (C)(i) that is at least equal to the requirements for an academic major at an institution of higher education that offers a baccalaureate degree in such subject, as certified by an appropriate official from the institution; or
“(E) the fifth year of a program of undergraduate education that requires 5 full years of coursework for which a baccalaureate degree is awarded by a degree-granting institution of higher education, as certified by the appropriate official of such institution—
(4) in subsection (d)—
(A) in paragraph (1)—
(i) in subparagraph (A)—
(B) by striking paragraph (2) and inserting the following:
“(2) LIMITATIONS.—
“(A) NO GRANTS FOR PREVIOUS CREDIT.—The Secretary may not award a grant under this section to any student for any year of a program of undergraduate education for which the student received credit before the date of enactment of the Higher Education Reconciliation Act of 2005.
“(B) NUMBER OF GRANTS.—
“(i) FIRST YEAR.—In the case of a student described in subsection (c)(3)(A), the Secretary may not award more than 1 grant to such student for such first year of study.
“(ii) SECOND YEAR.—In the case of a student described in subsection (c)(3)(B), the Secretary may not award more than 1 grant to such student for such second year of study.
(a) Program Authority; Authorization of Appropriations.—Section 402A (20 U.S.C. 1070a–11) is amended—
(1) in subsection (b)—
(B) by striking paragraph (3) and inserting the following:
“(3) MINIMUM GRANTS.—Unless the institution or agency requests a smaller amount, an individual grant authorized under this chapter shall be awarded in an amount that is not less than $200,000, except that an individual grant authorized under section 402G shall be awarded in an amount that is not less than $170,000.”;
(2) in subsection (c)—
(5) by inserting after subsection (e) the
following: “(f) Outcome Criteria.— “(1) USE FOR PRIOR EXPERIENCE
DETERMINATION.—The Secretary
shall use the outcome criteria described in paragraphs (2) and (3) to evaluate
the programs provided by a recipient of a grant under this chapter, and the
Secretary shall determine an eligible entity’s prior experience of high quality
service delivery, as required under subsection (c)(2), based on the outcome
criteria. “(2) DISAGGREGATION OF RELEVANT
DATA.—The outcome criteria
under this subsection shall be disaggregated by low-income students, first
generation college students, and individuals with disabilities, in the schools
and institutions of higher education served by the program to be
evaluated. “(3) CONTENTS OF OUTCOME CRITERIA.—The outcome criteria under this subsection
shall measure, annually and for longer periods, the quality and effectiveness
of programs authorized under this chapter and shall include the
following: “(A) For programs authorized under section 402B,
the extent to which the eligible entity met or exceeded the entity’s objectives
established in the entity’s application for such program regarding— “(B) For programs authorized under section 402C,
the extent to which the eligible entity met or exceeded the entity's objectives
for such program regarding— “(i) the delivery of service to a total number
of students served by the program, as agreed upon by the entity and the
Secretary for the period; “(C) For programs authorized under section
402D— “(i) the extent to which the eligible entity met
or exceeded the entity’s objectives regarding the retention in postsecondary
education of the students served by the program; “(ii) (I) in the case of an entity that is an
institution of higher education offering a baccalaureate degree, the extent to
which the entity met or exceeded the entity’s objectives regarding such
students’ completion of the degree programs in which such students were
enrolled; or “(D) For programs authorized under section 402E,
the extent to which the entity met or exceeded the entity’s objectives for such
program regarding— “(i) the delivery of service to a total number
of students, as agreed upon by the entity and the Secretary for the
period; “(E) For programs authorized under section 402F,
the extent to which the entity met or exceeded the entity’s objectives for such
program regarding— “(i) the enrollment of students without a
secondary school diploma or its recognized equivalent, who were served by the
program, in programs leading to such diploma or equivalent; “(ii) the enrollment of secondary school
graduates who were served by the program in programs of postsecondary
education; “(4) MEASUREMENT OF PROGRESS.—In order to determine the extent to which
an outcome criterion described in paragraphs (2) or (3) is met or exceeded, an
eligible entity receiving assistance under this chapter shall compare the
eligible entity's target for the criterion, as established in the eligible
entity's application, with the results for the criterion, measured as of the
last day of the applicable time period for the
determination.”;
(6) in subsection (g) (as redesignated by paragraph (4))—
(7) in subsection (h) (as redesignated by paragraph (4))—
(B) by inserting before paragraph (3) (as redesignated by subparagraph (A)) the following:
“(1) DIFFERENT CAMPUS.—The term ‘different campus’ means a site of an institution of higher education that—
“(2) DIFFERENT POPULATION.—The term ‘different population’ means a group of individuals, with respect to whom an eligible entity desires to serve through an application for a grant under this chapter, that—
(b) Talent Search.—Section 402B (20 U.S.C. 1070a–12) is amended—
(1) in subsection (a)—
(A) in paragraph (1), by striking “to identify qualified youths with potential for education at the postsecondary level and to encourage such youths” and inserting “to encourage eligible youths”;
(3) by striking subsection (b) and inserting
the following: “(b) Required Services.—Any project assisted under this section
shall provide— “(1) academic tutoring, or connections to high
quality academic tutoring services, to enable students to complete secondary or
postsecondary courses, which may include instruction in reading, writing, study
skills, mathematics, science, and other subjects; “(2) advice and assistance in secondary course
selection and, if applicable, initial postsecondary course selection; “(3) assistance in preparing for college
entrance examinations and completing college admission applications; “(4) (A) information on both the full range of
Federal student financial aid programs (including Federal Pell Grant awards and
loan forgiveness) and resources for locating public and private scholarships;
and “(c) Permissible Services.—Any project assisted under this section may
provide services such as— “(2) information and activities designed to
acquaint youths with the range of career options available to the
youths; “(3) exposure to the campuses of institutions of
higher education, as well as cultural events, academic programs, and other
sites or activities not usually available to disadvantaged youth; “(5) mentoring programs involving elementary or
secondary school teachers or counselors, faculty members at institutions of
higher education, students, or any combination of such persons; and “(6) programs and activities as described in
subsection (b) or paragraphs (1) through (5) of this subsection that are
specially designed for students who are limited English proficient, students
with disabilities, students who are homeless children and youths (as such term
is defined in section 725 of the McKinney-Vento Homeless Assistance Act (42
U.S.C. 11434a)), or students who are in foster care or are aging out of the
foster care system.”;
and
(c) Upward Bound.—Section 402C (20 U.S.C. 1070a–13) is amended—
(1) by striking subsection (b) and inserting
the following: “(b) Required Services.—Any project assisted under this section
shall provide— “(1) academic tutoring to enable students to
complete secondary or postsecondary courses, which may include instruction in
reading, writing, study skills, mathematics, science, and other
subjects; “(3) assistance in preparing for college
entrance examinations and completing college admission applications; “(4) (A) information on both the full range of
Federal student financial aid programs (including Federal Pell Grant awards and
loan forgiveness) and resources for locating public and private scholarships;
and
(2) in subsection (c)—
(4) by inserting after subsection (c) the
following: “(d) Permissible Services.—Any project assisted under this section may
provide such services as— “(1) exposure to cultural events, academic
programs, and other activities not usually available to disadvantaged
youth; “(2) information, activities and instruction
designed to acquaint youths participating in the project with the range of
career options available to the youths; “(4) mentoring programs involving elementary
school or secondary school teachers or counselors, faculty members at
institutions of higher education, students, or any combination of such
persons; “(5) work-study positions where youth
participating in the project are exposed to careers requiring a postsecondary
degree; “(7) programs and activities as described in
subsection (b), subsection (c), or paragraphs (1) through (6) of this
subsection that are specially designed for students who are limited English
proficient, students with disabilities, students who are homeless children and
youths (as such term is defined in section 725 of the McKinney-Vento Homeless
Assistance Act (42
U.S.C. 11434a)), or students who are in foster care or are
aging out of the foster care system.
(5) in the matter preceding paragraph (1) of subsection (f) (as redesignated by paragraph (3)), by striking “upward bound projects under this chapter” and inserting “projects under this section”; and
(6) in subsection (g) (as redesignated by paragraph (3))—
(7) by adding at the end the
following: “(h) Additional
funds.— “(1) AUTHORIZATION.—There
are authorized to be appropriated for the upward bound program under this
chapter, in addition to any amounts appropriated under section 402A(g),
$57,000,000 for each of the fiscal years 2008 through 2011 for the Secretary to
carry out
paragraph (2), except that any amounts that
remain unexpended for such purpose for each of such fiscal years may be
available for technical assistance and administration costs for the upward
bound program under this chapter. “(2) USE OF FUNDS.— “(A) IN
GENERAL.—The amounts made
available by paragraph (1) for a fiscal year shall be available to provide
assistance to applicants for an upward bound project under this chapter for
such fiscal year that—
(d) Student Support Services.—Section 402D (20 U.S.C. 1070a–14) is amended—
(1) in subsection (a)—
(B) by striking paragraph (3) and inserting the following:
“(3) to foster an institutional climate supportive of the success of low-income and first generation college students, students with disabilities, students who are limited English proficient, students who are homeless children and youths (as such term is defined in section 725 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11434a)), and students who are in foster care or are aging out of the foster care system.”; and
(3) by striking subsection (b) and inserting
the following: “(b) Required Services.—A project assisted under this section shall
provide— “(1) academic tutoring to enable students to
complete postsecondary courses, which may include instruction in reading,
writing, study skills, mathematics, science, and other subjects; “(3) (A) information on both the full range of
Federal student financial aid programs (including Federal Pell Grant awards and
loan forgiveness) and resources for locating public and private scholarships;
and “(4) education or counseling services designed
to improve the financial literacy and economic literacy of students, including
financial planning for postsecondary education; “(c) Permissible Services.—A project assisted under this section may
provide services such as— “(1) consistent, individualized personal,
career, and academic counseling, provided by assigned counselors; “(2) information, activities, and instruction
designed to acquaint youths participating in the project with the range of
career options available to the students; “(3) exposure to cultural events and academic
programs not usually available to disadvantaged students; “(4) activities designed to acquaint students
participating in the project with the range of career options available to the
students; “(6) securing temporary housing during breaks in
the academic year for students who are homeless children and youths (as such
term is defined in section 725 of the McKinney-Vento Homeless Assistance Act
(42 U.S.C.
11434a)) or were formerly homeless children and youths and
students who are in foster care or are aging out of the foster care system;
and “(7) programs and activities as described in
subsection (b) or paragraphs (1) through (5) of this subsection that are
specially designed for students who are limited English proficient, students
with disabilities, students who are homeless children and youths (as such term
is defined in section 725 of the McKinney-Vento Homeless Assistance Act (42
U.S.C. 11434a)) or were formerly homeless children and youths, or students who
are in foster care or are aging out of the foster care
system.”;
(e) Postbaccalaureate Achievement Program Authority.—Section 402E (20 U.S.C. 1070a–15) is amended—
(1) in subsection (b)—
(3) by inserting after subsection (b) the
following: “(c) Permissible Services.—A project assisted under this section may
provide services such as— “(1) education or counseling services designed
to improve the financial literacy and economic literacy of students, including
financial planning for postsecondary education;
(4) in the matter preceding paragraph (1) of subsection (d) (as redesignated by paragraph (2)), by striking “postbaccalaureate achievement”;
(f) Educational Opportunity Centers.—Section 402F (20 U.S.C. 1070a–16) is amended—
(2) in subsection (b)—
(D) by striking paragraph (11) (as redesignated by subparagraph (A)) and inserting the following:
“(11) programs and activities as described in paragraphs (1) through (10) that are specially designed for students who are limited English proficient, students with disabilities, or students who are homeless children and youths (as such term is defined in section 725 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11434a)), or programs and activities for students who are in foster care or are aging out of the foster care system.”.
(g) Staff Development Activities.—Section 402G(b)(3) (20 U.S.C. 1070a–17(b)(3)) is amended by inserting “, including strategies for recruiting and serving students who are homeless children and youths (as such term is defined in section 725 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11434a)) and students who are in foster care or are aging out of the foster care system” before the period at the end.
(h) Reports, Evaluations, and Grants for Project Improvement and Dissemination.—Section 402H (20 U.S.C. 1070a–18) is amended—
(1) by striking the section heading and inserting “reports, evaluations, and grants for project improvement and dissemination.”;
(3) by inserting before subsection (b) (as
redesignated by paragraph (2)) the following: “(a) Reports to the authorizing
committees.—The Secretary
shall submit annually, to the authorizing committees, a report that documents
the performance of all programs funded under this chapter. The report
shall— “(1) be submitted not later than 24 months after
the eligible entities receiving funds under this chapter are required to report
their performance to the Secretary; “(2) focus on the programs' performance on the
relevant outcome criteria determined under section 402A(f)(4);
(4) in subsection (b) (as redesignated by paragraph (2)), by striking paragraph (2) and inserting the following:
“(2) PRACTICES.—
“(A) IN GENERAL.—The evaluations described in paragraph (1) shall identify institutional, community, and program or project practices that are particularly effective in—
“(B) PRIMARY PURPOSE.—Any evaluation conducted under this chapter shall have as its primary purpose the identification of particular practices that further the achievement of the outcome criteria determined under section 402A(f)(4).
“(C) DISSEMINATION AND USE OF EVALUATION FINDINGS.—The Secretary shall disseminate to eligible entities and make available to the public the practices identified under subparagraph (B). The practices may be used by eligible entities that receive assistance under this chapter after the dissemination.
(i) Additional Amendment to Postbaccalaureate Achievement Program.—Section 402E(d)(2) (as redesignated by subsection (e)(2)) (20 U.S.C. 1070a–15(d)(2)) is further amended by inserting “, including Native Hawaiians, as defined in section 7207 of the Elementary and Secondary Education Act of 1965, and Pacific Islanders” after “graduate education”.
(a) Early Intervention and College Awareness Program Authorized.—Section 404A (20 U.S.C. 1070a–21) is amended—
(1) by striking subsection (a) and inserting
the following: “(a) Program Authorized.—The Secretary is authorized, in accordance
with the requirements of this chapter, to establish a program that encourages
eligible entities to provide support to eligible low-income students to assist
the students in obtaining a secondary school diploma (or its recognized
equivalent) and to prepare for and succeed in postsecondary education, by
providing—
(b) Requirements.—Section 404B (20 U.S.C. 1070a–22) is amended—
(1) by striking subsection (a) and inserting the following:—
(c) Application.—Section 404C (20 U.S.C. 1070a–23) is amended—
(2) in subsection (a)—
(C) by striking paragraph (2) and inserting the following:
“(2) CONTENTS.—Each application submitted pursuant to paragraph (1) shall be in such form, contain or be accompanied by such information or assurances, and be submitted at such time as the Secretary may require. Each such application shall, at a minimum—
“(A) describe the activities for which assistance under this chapter is sought, including how the eligible entity will carry out the required activities described in section 404D(a);
“(C) provide assurances that adequate administrative and support staff will be responsible for coordinating the activities described in section 404D;
“(D) ensure that activities assisted under this chapter will not displace an employee or eliminate a position at a school assisted under this chapter, including a partial displacement such as a reduction in hours, wages or employment benefits;
“(E) describe, in the case of an eligible entity described in section 404A(c)(2), how the eligible entity will define the cohorts of the students served by the eligible entity pursuant to section 404B(d), and how the eligible entity will serve the cohorts through grade 12, including—
“(F) describe how the eligible entity will coordinate programs with other existing Federal, State, or local programs to avoid duplication and maximize the number of students served;
(4) in subsection (c)(1), by striking “paid to students from State, local, institutional, or private funds under this chapter” and inserting “obligated to students from State, local, institutional, or private funds under this chapter, including pre-existing non-Federal financial assistance programs,”;
(d) Activities.—Section 404D (20 U.S.C. 1070a–24) is amended to read as follows:
“(a) Required Activities.—Each eligible entity receiving a grant under this chapter shall carry out the following:
“(1) Provide information regarding financial aid for postsecondary education to participating students in the cohort described in subsection 404B(d)(1)(A).
“(2) Encourage student enrollment in rigorous and challenging curricula and coursework, in order to reduce the need for remedial coursework at the postsecondary level.
“(b) Optional Activities for States and Partnerships.—An eligible entity that receives a grant under this chapter may use grant funds to carry out 1 or more of the following activities:
“(1) Providing tutoring and supporting mentors, including adults or former participants of a program under this chapter, for eligible students.
“(2) Conducting outreach activities to recruit priority students described in subsection (d) to participate in program activities.
“(4) Supporting the development or implementation of rigorous academic curricula, which may include college preparatory, Advanced Placement, or International Baccalaureate programs, and providing participating students access to rigorous core courses that reflect challenging State academic standards.
“(5) Supporting dual or concurrent enrollment programs between the secondary school and institution of higher education partners of an eligible entity described in section 404A(c)(2), and other activities that support participating students in—
“(7) Introducing eligible students to institutions of higher education, through trips and school-based sessions.
“(9) Providing other activities designed to ensure secondary school completion and postsecondary education enrollment of at-risk children, such as—
“(10) Enabling eligible students to enroll in Advanced Placement or International Baccalaureate courses, or college entrance examination preparation courses.
“(11) Providing services to eligible students in the participating cohort described in section 404B(d)(1)(A), through the first year of attendance at an institution of higher education.
“(12) Fostering and improving parent and family involvement in elementary and secondary education by promoting the advantages of a college education, and emphasizing academic admission requirements and the need to take college preparation courses, through parent engagement and leadership activities.
“(c) Additional Optional Activities for States.—In addition to the required activities described in subsection (a) and the optional activities described in subsection (b), an eligible entity described in section 404A(c)(1) receiving funds under this chapter may use grant funds to carry out 1 or more of the following activities:
“(2) Providing professional development opportunities to individuals working with eligible cohorts of students described in section 404B(d)(1)(A).
“(3) Providing strategies and activities that align efforts in the State to prepare eligible students for attending and succeeding in postsecondary education, which may include the development of graduation and career plans.
“(4) Disseminating information on the use of scientifically based research and best practices to improve services for eligible students.
“(5) (A) Disseminating information on effective coursework and support services that assist students in obtaining the goals described in subparagraph (B)(ii).
“(6) Working to align State academic standards and curricula with the expectations of postsecondary institutions and employers.
“(7) Developing alternatives to traditional secondary school that give students a head start on attaining a recognized postsecondary credential (including an industry certificate, an apprenticeship, or an associate’s or a bachelor’s degree), including school designs that give students early exposure to college-level courses and experiences and allow students to earn transferable college credits or an associate’s degree at the same time as a secondary school diploma.
“(d) Priority Students.—For eligible entities not using a cohort approach, the eligible entity shall treat as priority students any student in middle or secondary school who is eligible—
“(3) for assistance under a State program funded under part A or E of title IV of the Social Security Act (42 U.S.C. 601 et seq., 670 et seq.); or
“(e) Allowable Providers.—In the case of eligible entities described in section 404A(c)(1), the activities required by this section may be provided by service providers such as community-based organizations, schools, institutions of higher education, public and private agencies, nonprofit and philanthropic organizations, businesses, institutions and agencies sponsoring programs authorized under subpart 4, and other organizations the State determines appropriate.”.
(e) Scholarship Component.—Section 404E (20 U.S.C. 1070a–25) is amended—
(3) by inserting after subsection (a) the
following: “(b) Limitation.— “(1) IN GENERAL.—Subject to paragraph (2), each eligible
entity described in section 404A(c)(1) that receives a grant under this chapter
shall use not less than 25 percent and not more than 50 percent of the grant
funds for activities described in section 404D (except for the activity
described in subsection (a)(4) of such section), with the remainder of such
funds to be used for a scholarship program under this section in accordance
with such subsection. “(2) EXCEPTION.—Notwithstanding paragraph (1), the
Secretary may allow an eligible entity to use more than 50 percent of grant
funds received under this chapter for such activities, if the eligible entity
demonstrates that the eligible entity has another means of providing the
students with the financial assistance described in this section and describes
such means in the application submitted under section 404C.
(4) in subsection (d) (as redesignated by paragraph (2)), by striking “the lesser of” and all that follows through the period at the end of paragraph (2) and inserting “the minimum Federal Pell Grant award under section 401 for such award year.”;
(5) by inserting after subsection (d) (as
redesignated by paragraph (2) and amended by paragraph (4)) the
following: “(e) Portability of Assistance.— “(1) IN GENERAL.—Each eligible entity described in section
404A(c)(1) that receives a grant under this chapter shall create or organize a
trust for each cohort described in section 404B(d)(1)(A) for which the grant is
sought in the application submitted by the entity, which trust shall be an
amount that is not less than the minimum scholarship amount described in
subsection (d), multiplied by the number of students participating in the
cohort. “(2) REQUIREMENT FOR PORTABILITY.—Funds contributed to the trust for a cohort
shall be available to a student in the cohort when the student has— “(3) QUALIFIED EDUCATIONAL
EXPENSES.—Funds available to
an eligible student from a trust may be used for— “(4) RETURN OF FUNDS.— “(A) REDISTRIBUTION.— “(i) IN GENERAL.—Trust funds that are not used by an
eligible student within 6 years of the student’s scheduled completion of
secondary school may be redistributed by the eligible entity to other eligible
students. “(ii) RETURN OF EXCESS TO THE
SECRETARY.—If, after meeting
the requirements of paragraph (1) and, if applicable, redistributing excess
funds in accordance with clause (i), an eligible entity has funds remaining,
the eligible entity shall return excess funds to the Secretary for distribution
to other grantees under this chapter. “(B) NONPARTICIPATING ENTITY.—Notwithstanding subparagraph (A), in the
case of an eligible entity described in section 404A(c)(1)(A) that does not
receive assistance under this subpart for 6 fiscal years, the eligible entity
shall return any trust funds not awarded or obligated to eligible students to
the Secretary for distribution to other grantees under this
chapter.”;
and
(f) Repeal of 21st Century Scholar Certificates.—Chapter 2 of subpart 2 of part A of title IV (20 U.S.C. 1070a–21 et seq.) is further amended—
(g) Authorization of Appropriations.—Section 404G (as redesignated by subsection (f)) (20 U.S.C. 1070a–28) is amended by striking “$200,000,000 for fiscal year 1999” and all that follows through the period and inserting “such sums as may be necessary for fiscal year 2008 and each of the 5 succeeding fiscal years.”.
Chapter 3 of subpart 2 of part A of title IV (20 U.S.C. 1070a–31 et seq.) is repealed.
(a) Appropriations Authorized.—Section 413A(b)(1) (20 U.S.C. 1070b(b)(1)) is amended by striking “$675,000,000 for fiscal year 1999” and all that follows through the period and inserting “such sums as may be necessary for fiscal year 2008 and each of the 5 succeeding fiscal years.”.
(b) Allocation of Funds.—
(2) TECHNICAL CORRECTION.—Section 413D(a)(1) (20 U.S.C. 1070b–3(a)(1)) is amended by striking “such institution” and all that follows through the period and inserting “such institution received under subsections (a) and (b) of this section for fiscal year 1999 (as such subsections were in effect with respect to allocations for such fiscal year).”.
(a) Appropriations Authorized.—Section 415A(b)(1) (20 U.S.C. 1070c(b)(1)) is amended to read as follows:
(b) Applications.—Section 415C(b) (20 U.S.C. 1070c–2(b)) is amended—
(c) Grants for Access and Persistence.—Section 415E (20 U.S.C. 1070c–3a) is amended to read as follows:
“SEC. 415E. Grants for access and persistence.
“(a) Purpose.—It is the purpose of this section to expand college access and increase college persistence by making allotments to States to enable the States to—
“(1) expand and enhance partnerships with institutions of higher education, early information and intervention, mentoring, or outreach programs, private corporations, philanthropic organizations, and other interested parties in order to—
“(b) Allotments to States.—
“(1) IN GENERAL.—
“(A) AUTHORIZATION.—From sums reserved under section 415A(b)(2) for each fiscal year, the Secretary shall make an allotment to each State that submits an application for an allotment in accordance with subsection (c) to enable the State to pay the Federal share, as described in paragraph (2), of the cost of carrying out the activities under subsection (d).
“(B) DETERMINATION OF ALLOTMENT.—In making allotments under subparagraph (A), the Secretary shall consider the following:
“(2) FEDERAL SHARE.—
“(A) IN GENERAL.—The Federal share under this section shall be determined in accordance with the following:
“(i) If a State applies for an allotment under this section in partnership with—
“(I) any number of degree granting institutions of higher education in the State whose combined full-time enrollment represents less than a majority of all students attending institutions of higher education in the State; and
“(II) (aa) philanthropic organizations that are located in, or that provide funding in, the State; or
then the Federal share of the cost of carrying out the activities under subsection (d) shall be equal to 50 percent.
“(ii) If a State applies for an allotment under this section in partnership with—
“(I) any number of degree granting institutions of higher education in the State whose combined full-time enrollment represents a majority of all students attending institutions of higher education in the State; and
“(II) (aa) philanthropic organizations that are located in, or that provide funding in, the State; or
then the Federal share of the cost of carrying out the activities under subsection (d) shall be equal to 57 percent.
“(B) NON-FEDERAL SHARE.—
“(i) IN GENERAL.—The non-Federal share under this section may be provided in cash or in kind, fully evaluated and in accordance with this subparagraph.
“(c) Application for Allotment.—
“(1) IN GENERAL.—
“(A) SUBMISSION.—A State that desires to receive an allotment under this section on behalf of a partnership described in paragraph (3) shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require.
“(B) CONTENT.—An application submitted under subparagraph (A) shall include the following:
“(ii) Assurances that the State will provide the non-Federal share from State, institutional, philanthropic, or private funds, of not less than the required share of the cost of carrying out the activities under subsection (d), as determined under subsection (b), in accordance with the following:
“(I) The State shall specify the methods by which non-Federal share funds will be paid, and include provisions designed to ensure that funds provided under this section will be used to supplement, and not supplant, Federal and non-Federal funds available for carrying out the activities under this title.
“(II) A State that uses non-Federal funds to create or expand existing partnerships with nonprofit organizations or community-based organizations in which such organizations match State funds for student scholarships, may apply such matching funds from such organizations toward fulfilling the State’s non-Federal share obligation under this clause.
“(iii) Assurances that early information and intervention, mentoring, or outreach programs exist within the State or that there is a plan to make such programs widely available.
“(iv) A description of the organizational structure that the State has in place to administer the activities under subsection (d), including a description of the system the State will use to track the participation of students who receive grants under this section to degree completion.
“(2) STATE AGENCY.—The State agency that submits an application for a State under section 415C(a) shall be the same State agency that submits an application under paragraph (1) for such State.
“(3) PARTNERSHIP.—In applying for an allotment under this section, the State agency shall apply for the allotment in partnership with—
“(A) not less than 1 public and 1 private degree granting institution of higher education that are located in the State, if applicable;
“(4) ROLES OF PARTNERS.—
“(A) STATE AGENCY.—A State agency that is in a partnership receiving an allotment under this section—
“(B) DEGREE GRANTING INSTITUTIONS OF HIGHER EDUCATION.—A degree granting institution of higher education that is in a partnership receiving an allotment under this section—
“(i) shall—
“(I) recruit and admit participating qualified students and provide such additional institutional grant aid to participating students as agreed to with the State agency;
“(C) PROGRAMS.—An early information and intervention, mentoring, or outreach program that is in a partnership receiving an allotment under this section shall provide direct services, support, and information to participating students.
“(D) PHILANTHROPIC ORGANIZATION OR PRIVATE CORPORATION.—A philanthropic organization or private corporation that is in a partnership receiving an allotment under this section shall provide funds for grants for access and persistence for participating students, or provide funds or support for early information and intervention, mentoring, or outreach programs.
“(d) Authorized Activities.—
“(1) IN GENERAL.—
“(A) ESTABLISHMENT OF PARTNERSHIP.—Each State receiving an allotment under this section shall use the funds to establish a partnership to award grants for access and persistence to eligible low-income students in order to increase the amount of financial assistance such students receive under this subpart for undergraduate education expenses.
“(B) AMOUNT OF GRANTS.—
“(i) PARTNERSHIPS WITH INSTITUTIONS SERVING LESS THAN A MAJORITY OF STUDENTS IN THE STATE.—
“(I) IN GENERAL.—In the case where a State receiving an allotment under this section is in a partnership described in subsection (b)(2)(A)(i), the amount of a grant for access and persistence awarded to a student by such State shall be not less than the amount that is equal to the average undergraduate tuition and mandatory fees at 4-year public institutions of higher education in the State where the student resides (less any amounts of other Federal or State sponsored grants, work study, and scholarships received by the student), and such grant for access and persistence shall be used toward the cost of attendance at an institution of higher education located in the State.
“(II) COST OF ATTENDANCE.—A State that has a program, apart from the partnership under this section, of providing eligible low-income students with grants that are equal to the average undergraduate tuition and mandatory fees at 4-year public institutions of higher education in the State, may increase the amount of grants for access and persistence awarded to students by such State up to an amount that is equal to the average cost of attendance at 4-year public institutions of higher education in the State (less any amounts of other Federal or State sponsored grants, work study, and scholarships received by the student).
“(ii) PARTNERSHIPS WITH INSTITUTIONS SERVING THE MAJORITY OF STUDENTS IN THE STATE.—In the case where a State receiving an allotment under this section is in a partnership described in subsection (b)(2)(A)(ii), the amount of a grant for access and persistence awarded to a student by such State shall be not more than an amount that is equal to the average cost of attendance at 4-year public institutions of higher education in the State where the student resides (less any amounts of other Federal or State sponsored grants, work study, and scholarships received by the student), and such grant for access and persistence shall be used by the student to attend an institution of higher education located in the State.
“(C) SPECIAL RULES.—
“(2) EARLY NOTIFICATION.—
“(A) IN GENERAL.—Each State receiving an allotment under this section shall annually notify low-income students, such as students who are eligible to receive a free lunch under the school lunch program established under the Richard B. Russell National School Lunch Act, in grade 7 through grade 12 in the State, of the students’ potential eligibility for student financial assistance, including a grant for access and persistence, to attend an institution of higher education.
“(B) CONTENT OF NOTICE.—The notification under subparagraph (A)—
“(i) shall include—
“(I) information about early information and intervention, mentoring, or outreach programs available to the student;
“(II) information that a student’s eligibility for a grant for access and persistence is enhanced through participation in an early information and intervention, mentoring, or outreach program;
“(III) an explanation that student and family eligibility for, and participation in, other Federal means-tested programs may indicate eligibility for a grant for access and persistence and other student aid programs;
“(IV) a nonbinding estimate of the total amount of financial aid that a low-income student with a similar income level may expect to receive, including an estimate of the amount of a grant for access and persistence and an estimate of the amount of grants, loans, and all other available types of aid from the major Federal and State financial aid programs;
“(V) an explanation that in order to be eligible for a grant for access and persistence, at a minimum, a student shall—
“(VI) information on any additional requirements (such as a student pledge detailing student responsibilities) that the State may impose for receipt of a grant for access and persistence under this section; and
“(VII) instructions on how to apply for a grant for access and persistence and an explanation that a student is required to file a Free Application for Federal Student Aid authorized under section 483(a) to be eligible for such grant and assistance from other Federal and State financial aid programs; and
“(ii) may include a disclaimer that grant awards for access and persistence are contingent upon—
“(3) ELIGIBILITY.—In determining which students are eligible to receive grants for access and persistence, the State shall ensure that each such student meets not less than 1 of the following:
“(A) Meets not less than 2 of the following criteria, with priority given to students meeting all of the following criteria:
“(i) Has an expected family contribution equal to zero (as described in section 479) or a comparable alternative based upon the State’s approved criteria in section 415C(b)(4).
“(4) GRANT AWARD.—Once a student, including those students who have received early notification under paragraph (2) from the State, applies for admission to an institution that is a partner in the partnership, files a Free Application for Federal Student Aid and any related existing State form, and is determined eligible by the State under paragraph (3), the State shall—
“(5) DURATION OF AWARD.—An eligible student that receives a grant for access and persistence under this section shall receive such grant award for each year of such student’s undergraduate education in which the student remains eligible for assistance under this title, including pursuant to section 484(c), and remains financially eligible as determined by the State, except that the State may impose reasonable time limits to degree completion.
“(e) Use of Funds for Administrative Costs Prohibited.—A State that receives an allotment under this section shall not use any of the allotted funds to pay administrative costs associated with any of the authorized activities described in subsection (d).
“(f) Statutory and Regulatory Relief for Institutions of Higher Education.—The Secretary may grant, upon the request of an institution of higher education that is in a partnership described in subsection (b)(2)(A)(ii) and that receives an allotment under this section, a waiver for such institution from statutory or regulatory requirements that inhibit the ability of the institution to successfully and efficiently participate in the activities of the partnership.
“(g) Applicability Rule.—The provisions of this subpart which are not inconsistent with this section shall apply to the program authorized by this section.
“(h) Maintenance of Effort Requirement.—Each State receiving an allotment under this section for a fiscal year shall provide the Secretary with an assurance that the aggregate amount expended per student or the aggregate expenditures by the State, from funds derived from non-Federal sources, for the authorized activities described in subsection (d) for the preceding fiscal year were not less than the amount expended per student or the aggregate expenditure by the State for the activities for the second preceding fiscal year.
“(i) Special Rule.—Notwithstanding subsection (h), for purposes of determining a State’s share of the cost of the authorized activities described in subsection (d), the State shall consider only those expenditures from non-Federal sources that exceed the State’s total expenditures for need-based grants, scholarships, and work-study assistance for fiscal year 1999 (including any such assistance provided under this subpart).
“(j) Continuation and Transition.—For the 2-year period that begins on the date of enactment of the Higher Education Amendments of 2007, the Secretary shall continue to award grants under section 415E of the Higher Education Act of 1965 as such section existed on the day before the date of enactment of such Act to States that choose to apply for grants under such predecessor section.
Section 418A (20 U.S.C. 1070d–2) is amended—
(1) in subsection (b)—
(B) in paragraph (3)(B), by inserting “(including preparation for college entrance examinations)” after “college program”;
(2) in subsection (c)—
(A) in paragraph (1)—
(B) in paragraph (2)—
(ii) in subparagraph (B), by striking the period at the end and inserting “, and coordinating such services, assistance, and aid with other non-program services, assistance, and aid, including services, assistance, and aid provided by community-based organizations, which may include mentoring and guidance; and”; and
(7) by striking subsection (h) (as redesignated
by paragraph (5)) and inserting the following: “(h) Data Collection.—The Commissioner for Education Statistics
shall— “(1) annually collect data on persons receiving
services authorized under this subpart regarding such persons' rates of
secondary school graduation, entrance into postsecondary education, and
completion of postsecondary education;
(a) Minimum Grant.—Section 419N(b)(2)(B) (20 U.S.C. 1070e(b)(2)(B)) is amended—
(b) Definition of Low-Income Student.—Paragraph (7) of section 419N(b) (20 U.S.C. 1070e(b)) is amended to read as follows:
“(7) DEFINITION OF LOW-INCOME STUDENT.—For the purpose of this section, the term ‘low-income student’ means a student who—
“(A) is eligible to receive a Federal Pell Grant for the award year for which the determination is made; or
Subpart 8 of part A of title IV (20 U.S.C. 1070f et seq.) is repealed.
Section 428 (as amended by this Act) (20 U.S.C. 1078) is further amended—
(1) in subsection (b)—
(A) in paragraph (1)—
(ii) in subparagraph (Y)—
(I) by striking clause (i) and inserting the following:
“(i) the lender shall determine the eligibility of a borrower for a deferment described in subparagraph (M)(i) based on—
“(I) receipt of a request for deferment from the borrower and documentation of the borrower’s eligibility for the deferment;
“(II) receipt of a newly completed loan application that documents the borrower’s eligibility for a deferment;
(iii) by adding at the end the following:
“(Z) provides that the lender shall, at the time the lender grants a deferment to a borrower who received a loan under section 428H and is eligible for a deferment under section 428(b)(1)(M), provide information to the borrower to enable the borrower to understand the impact of capitalization of interest on the borrower’s loan principal and total amount of interest to be paid during the life of the loan.”;
(C) by striking paragraph (3) and inserting the following:
“(3) RESTRICTIONS ON INDUCEMENTS, PAYMENTS, MAILINGS, AND ADVERTISING.—A guaranty agency shall not—
“(A) offer, directly or indirectly, premiums, payments, stock or other securities, prizes, travel, entertainment expenses, tuition repayment, or other inducements to—
“(i) any institution of higher education or the employees of an institution of higher education in order to secure applicants for loans made under this part; or
“(ii) any lender, or any agent, employee, or independent contractor of any lender or guaranty agency, in order to administer or market loans made under this part (other than a loan made under section 428H or a loan made as part of the guaranty agency’s lender-of-last-resort program pursuant to section 439(q)) for the purpose of securing the designation of the guaranty agency as the insurer of such loans;
“(B) conduct unsolicited mailings, by postal or electronic means, of educational loan application forms to students enrolled in secondary school or postsecondary educational institutions, or to the parents of such students, except that applications may be mailed, by postal or electronic means, to students or borrowers who have previously received loans guaranteed under this part by the guaranty agency;
“(C) perform, for an institution of higher education participating in a program under this title, any function that the institution is required to perform under part B, D, or G;
“(D) pay, on behalf of the institution of higher education, another person to perform any function that the institution of higher education is required to perform under part B, D, or G; or
“(E) conduct fraudulent or misleading advertising concerning loan availability, terms, or conditions.
It shall not be a violation of this paragraph for a guaranty agency to provide technical assistance to institutions of higher education comparable to the technical assistance provided to institutions of higher education by the Department.”; and
(2) in subsection (c)—
(B) in paragraph (3)(D)—
(iii) by inserting after clause (ii) the following:
“(iii) the lender shall, at the time of granting a borrower forbearance, provide information to the borrower to enable the borrower to understand the impact of capitalization of interest on the borrower’s loan principal and total amount of interest to be paid during the life of the loan; and
“(iv) the lender shall contact the borrower not less often than once every 180 days during the period of forbearance to inform the borrower of—
“(I) the amount of unpaid principal and the amount of interest that has accrued since the last statement of such amounts provided to the borrower by the lender;
“(III) the amount of interest that will be capitalized, and the date on which capitalization will occur;
(a) Amendments.—Section 428C(b)(1) (20 U.S.C. 1078–3(b)(1)) is amended—
(3) by inserting after subparagraph (E) the following:
“(F) that the lender will disclose, in a clear and conspicuous manner, to borrowers who consolidate loans made under part E of this title—
“(i) that once the borrower adds the borrower’s Federal Perkins Loan to a Federal Consolidation Loan, the borrower will lose all interest-free periods that would have been available, such as those periods when no interest accrues on the Federal Perkins Loan while the borrower is enrolled in school at least half-time, during the grace period, and during periods when the borrower’s student loan repayments are deferred;
“(G) that the lender shall, upon application for a consolidation loan, provide the borrower with information about the possible impact of loan consolidation, including—
“(i) the total interest to be paid and fees to be paid on the consolidation loan, and the length of repayment for the loan;
“(ii) whether consolidation would result in a loss of loan benefits under this part or part D, including loan forgiveness, cancellation, and deferment;
“(iii) in the case of a borrower that plans to include a Federal Perkins Loan under part E in the consolidation loan, that once the borrower adds the borrower’s Federal Perkins Loan to a consolidation loan—
“(I) the borrower will lose all interest–free periods that would have been available for such loan under part E, such as the periods during which no interest accrues on the Federal Perkins Loan while the borrower is enrolled in school at least half-time, the grace period, and the periods during which the borrower’s student loan repayments are deferred under section 464(c)(2); and
Section 428F (20 U.S.C. 1078–6) is amended—
(1) in subsection (a)—
(A) in paragraph (1)(A), by adding at the end the following: “Upon the sale of the loan to an eligible lender, the guaranty agency, and any prior holder of the loan, shall request any consumer reporting agency to which the guaranty agency or holder, as applicable, reported the default of the loan, to remove the record of default from the borrower's credit history.”; and
(2) by adding at the end the
following: “(c) Financial and Economic
Literacy.—Where appropriate as
determined by the institution of higher education in which a borrower is
enrolled, each program described in subsection (b) shall include making
available financial and economic education materials for the borrower,
including making the materials available before, during, or after
rehabilitation of a
loan.”.
Section 430A (20 U.S.C. 1080a) is amended—
(1) in the section heading, by striking “Credit Bureaus” and inserting “Consumer reporting agencies”; and
(2) in subsection (a)—
(A) in the first sentence, by striking “with credit bureau organizations” and inserting “with each consumer reporting agency that compiles and maintains files on consumers on a nationwide basis (as defined in section 603(p) of the Fair Credit Reporting Act (15 U.S.C. 1681a(p))”;
Section 432(m)(1)(D)(i) (20 U.S.C. 1082(m)(1)(D)(i)) is amended by adding at the end the following: “Unless otherwise notified by the Secretary, each institution of higher education that participates in the program under this part or part D may use a master promissory note for loans under this part and part D.”.
Section 433 (20 U.S.C. 1083) is amended by adding at the end the following:
“(f) Borrower Information and Privacy.—Each entity participating in a program under this part that is subject to subtitle A of title V of the Gramm-Leach-Bliley Act (15 U.S.C. 6801 et seq.) shall only use, release, disclose, sell, transfer, or give student information, including the name, address, social security number, or amount borrowed by a borrower or a borrower’s parent, in accordance with the provisions of such subtitle.
“(g) Loan Benefit Disclosures.—
“(1) IN GENERAL.—Each eligible lender, holder, or servicer of a loan made, insured, or guaranteed under this part shall provide the borrower with information on the loan benefit repayment options the lender, holder, or servicer offer, including information on reductions in interest rates—
“(2) INFORMATION.—Such borrower information shall include—
“(C) examples of the impact the interest rate reductions will have on a borrower’s time for repayment and amount of repayment;
Part B (20 U.S.C. 1071 et seq.) is amended by inserting after section 433 (20 U.S.C. 1083) the following:
“SEC. 433A. Consumer education information.
“Each guaranty agency participating in a program under this part, working with the institutions of higher education served by such guaranty agency (or in the case of an institution of higher education that provides loans exclusively through part D, the institution working with a guaranty agency or with the Secretary), shall develop and make available a high-quality educational program and materials to provide training for students in budgeting and financial management, including debt management and other aspects of financial literacy, such as the cost of using very high interest loans to pay for postsecondary education, particularly as budgeting and financial management relates to student loan programs authorized by this title. Nothing in this section shall be construed to prohibit a guaranty agency from using an existing program or existing materials to meet the requirement of this section. The activities described in this section shall be considered default reduction activities for the purposes of section 422.”.
Section 435(d) (20 U.S.C. 1085(d)) is amended—
(1) in paragraph (5)—
(B) by striking subparagraphs (A) and (B) and inserting the following:
“(A) offered, directly or indirectly, points, premiums, payments (including payments for referrals and for processing or finder fees), prizes, stock or other securities, travel, entertainment expenses, tuition repayment, the provision of information technology equipment at below-market value, additional financial aid funds, or other inducements to any institution of higher education or any employee of an institution of higher education in order to secure applicants for loans under this part;
“(B) conducted unsolicited mailings, by postal or electronic means, of student loan application forms to students enrolled in secondary school or postsecondary institutions, or to parents of such students, except that applications may be mailed, by postal or electronic means, to students or borrowers who have previously received loans under this part from such lender;
“(C) entered into any type of consulting arrangement, or other contract to provide services to a lender, with an employee who is employed in the financial aid office of an institution of higher education, or who otherwise has responsibilities with respect to student loans or other financial aid of the institution;
“(D) compensated an employee who is employed in the financial aid office of an institution of higher education, or who otherwise has responsibilities with respect to educational loans or other financial aid of the institution, and who is serving on an advisory board, commission, or group established by a lender or group of lenders for providing such service, except that the eligible lender may reimburse such employee for reasonable expenses incurred in providing such service;
“(E) performed for an institution of higher education any function that the institution of higher education is required to carry out under part B, D, or G;
“(F) paid, on behalf of an institution of higher education, another person to perform any function that the institution of higher education is required to perform under part B, D, or G;
(2) by adding at the end the following:
“(8) SUNSET OF AUTHORITY FOR SCHOOL AS LENDER PROGRAM.—
“(A) SUNSET.—The authority provided under subsection (d)(1)(E) for an institution to serve as an eligible lender, and under paragraph (7) for an eligible lender to serve as a trustee for an institution of higher education or an organization affiliated with an institution of higher education, shall expire on June 30, 2012.
“(B) APPLICATION TO EXISTING INSTITUTIONAL LENDERS.—An institution that was an eligible lender under this subsection, or an eligible lender that served as a trustee for an institution of higher education or an organization affiliated with an institution of higher education under paragraph (7), before June 30, 2012, shall—
“(ii) continue to carry out the institution’s responsibilities for any loans issued by the institution under part B on or before June 30, 2012, except that, beginning on June 30, 2011, the eligible institution or trustee may, notwithstanding any other provision of this Act, sell or otherwise dispose of such loans if all profits from the divestiture are used for need-based grant programs at the institution.
“(C) AUDIT REQUIREMENT.—All institutions serving as an eligible lender under subsection (d)(1)(E) and all eligible lenders serving as a trustee for an institution of higher education or an organization affiliated with an institution of higher education shall annually complete and submit to the Secretary a compliance audit to determine whether—
“(i) the institution or lender is using all proceeds from special allowance payments and interest payments from borrowers, interest subsidies received from the Department, and any proceeds from the sale or other disposition of loans, for need-based aid programs, in accordance with section 435(d)(2)(A)(viii);
(a) FFEL and direct loans.—Section 437(a) (20 U.S.C. 1087) is amended—
(1) by inserting “, or if a student borrower who has received such a loan is unable to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment that can be expected to result in death, has lasted for a continuous period of not less than 60 months, or can be expected to last for a continuous period of not less than 60 months” after “of the Secretary),”; and
(2) by adding at the end the following: “The Secretary may develop such safeguards as the Secretary determines necessary to prevent fraud and abuse in the discharge of liability under this subsection. Notwithstanding any other provision of this subsection, the Secretary may promulgate regulations to resume collection on loans discharged under this subsection in any case in which—
(b) Perkins.—Section 464(c) (20 U.S.C. 1087dd(c)) is amended—
(1) in paragraph (1)(F)—
(B) by inserting “, or if the borrower is unable to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment that can be expected to result in death, has lasted for a continuous period of not less than 60 months, or can be expected to last for a continuous period of not less than 60 months” after “the Secretary”; and
(2) by adding at the end the following:
“(8) The Secretary may develop such additional safeguards as the Secretary determines necessary to prevent fraud and abuse in the cancellation of liability under paragraph (1)(F). Notwithstanding paragraph (1)(F), the Secretary may promulgate regulations to resume collection on loans cancelled under paragraph (1)(F) in any case in which—
Section 441(b) (42 U.S.C. 2751(b)) is amended by striking “$1,000,000,000 for fiscal year 1999” and all that follows through the period and inserting “such sums as may be necessary for fiscal year 2008 and each of the 5 succeeding fiscal years.”.
Section 442(c)(4)(D) (42 U.S.C. 2752(c)(4)(D)) is amended by striking “$450” and inserting “$600”.
Section 443(b)(2) (42 U.S.C. 2753(b)(2)) is amended—
Section 446(a)(1) (42 U.S.C. 2756(a)(1)) is amended by striking “$50,000” and inserting “$75,000”.
Section 448 (42 U.S.C. 2756b) is amended—
(2) in subsection (b)—
(A) in paragraph (1), by striking “under subsection (f)” and inserting “for this section under section 441(b)”; and
(B) in paragraph (2)—
(i) in the matter preceding subparagraph (A), by striking “pursuant to subsection (f)” and inserting “for this section under section 441(b)”;
(ii) in subparagraph (A), by striking “work-learning program” and inserting “comprehensive work-learning-service program”;
(iii) by redesignating subparagraphs (C) through (F) as subparagraphs (D) through (G), respectively;
(iv) by inserting after subparagraph (B) the following:
“(C) support existing and new model student volunteer community service projects associated with local institutions of higher education, such as operating drop-in resource centers that are staffed by students and that link people in need with the resources and opportunities necessary to become self-sufficient; and”;
(3) in subsection (c), by striking “by subsection (f) to use funds under subsection (b)(1)” and inserting “for this section under section 441(b) or to use funds under subsection (b)(1),”;
(4) in subsection (e)—
(A) in paragraph (1)—
(iii) by striking subparagraph (C) and inserting the following:
“(C) requires all resident students, including at least 1⁄2 of all resident students who are enrolled on a full-time basis, to participate in a comprehensive work-learning-service program for not less than 5 hours each week, or not less than 80 hours during each period of enrollment except summer school, unless the student is engaged in a study abroad or externship program that is organized or approved by the institution; and”; and
(B) by striking paragraph (2) and inserting the following:
“(2) the term ‘comprehensive work-learning-service program’ means a student work-learning-service program that—
“(C) includes learning objectives, evaluation, and a record of work performance as part of the student's college record;
Section 461(b)(1) (20 U.S.C. 1087aa(b)(1)) is amended by striking “$250,000,000 for fiscal year 1999” and all that follows through the period and inserting “such sums as may be necessary for each of the fiscal years 2008 through 2012.”.
Section 462(c)(4)(D) (20 U.S.C. 1087bb(c)(4)(D)) is amended by striking “$450” and inserting “$600”.
Section 464 (20 U.S.C. 1087dd) is amended—
Section 465(a) (20 U.S.C. 1087ee(a)) is amended—
(1) in paragraph (2)—
(A) in subparagraph (B), by striking “Head Start Act which” and inserting “Head Start Act, or in a prekindergarten or child care program that is licensed or regulated by the State, that”;
(D) by inserting before the matter following subparagraph (I) (as amended by subparagraph (C)) the following:
“(J) as a full-time faculty member at a Tribal College or University, as that term is defined in section 316;
(a) Amendment.—Section 480(b)(6) (20 U.S.C. 1087vv(b)(6)) is amended by inserting “, except that the value of on-base military housing or the value of basic allowance for housing determined under section 403(b) of title 37, United States Code, received by the parents, in the case of a dependent student, or the student or student's spouse, in the case of an independent student, shall be excluded” before the semicolon.
Section 481(a)(2)(B) (20 U.S.C. 1088(a)(2)(B)) is amended by inserting “and that measures program length in credit hours or clock hours” after “baccalaureate degree”.
Section 482 (20 U.S.C. 1089) is amended by adding at the end the following:
“(e) Compliance Calendar.—Prior to the beginning of each award year, the Secretary shall provide to institutions of higher education a list of all the reports and disclosures required under this Act. The list shall include—
“(1) the date each report or disclosure is required to be completed and to be submitted, made available, or disseminated;
“(4) a description of the content of each report or disclosure sufficient to allow the institution to identify the appropriate individuals to be assigned the responsibility for such report or disclosure;
Section 483 (20 U.S.C. 1090) is amended—
(1) by striking subsections (a) and (b) and
inserting the following: “(a) Common financial aid form development and
processing.— “(1) IN GENERAL.— “(A) COMMON FORMS.—The Secretary, in cooperation with
representatives of agencies and organizations involved in student financial
assistance, shall produce, distribute, and process free of charge common
financial reporting forms as described in this subsection to be used to
determine the need and eligibility of a student for financial assistance under
parts A through E of this title (other than under subpart 4 of part A). The
forms shall be made available to applicants in both paper and electronic
formats. “(2) PAPER FORMAT.— “(A) IN GENERAL.—The Secretary shall encourage applicants to
file the electronic versions of the forms described in paragraph (3), but shall
develop, make available, and process— “(B) EZ FAFSA.— “(i) IN GENERAL.—The Secretary shall develop and use, after
appropriate field testing, a simplified paper application form for applicants
meeting the requirements of section 479(c), which form shall be referred to as
the ‘EZ FAFSA’. “(ii) REQUIRED FEDERAL DATA
ELEMENTS.—The Secretary shall
include on the EZ FAFSA only the data elements required to determine student
eligibility and whether the applicant meets the requirements of section
479(c). “(iii) REQUIRED STATE DATA ELEMENTS.—The Secretary shall include on the EZ FAFSA
such data items as may be necessary to award State financial assistance, as
provided under paragraph (5), except the Secretary shall not include a State's
data if that State does not permit its applicants for State assistance to use
the EZ FAFSA. “(C) PHASE-OUT OF FULL PAPER FAFSA.— “(3) ELECTRONIC VERSIONS.— “(A) IN GENERAL.—The Secretary shall produce, make available
through a broadly available website, and process electronic versions of the
FAFSA and the EZ FAFSA. “(B) MINIMUM QUESTIONS.—The Secretary shall use all available
technology to ensure that a student using an electronic version of the FAFSA
under this paragraph answers only the minimum number of questions
necessary. “(C) REDUCED REQUIREMENTS.—The Secretary shall enable applicants who
meet the requirements of subsection (b) or (c) of section 479 to provide
information on the electronic version of the FAFSA only for the data elements
required to determine student eligibility and whether the applicant meets the
requirements of subsection (b) or (c) of section 479. “(D) STATE DATA.—The Secretary shall include on the
electronic version of the FAFSA the questions needed to determine whether the
applicant is eligible for State financial assistance, as provided under
paragraph (5), except that the Secretary shall not— “(E) FREE AVAILABILITY AND DATA
DISTRIBUTION.—The provisions
of paragraphs (6) and (10) shall apply to the electronic version of the
FAFSA. “(F) USE OF FORMS.—Nothing in this subsection shall be
construed to prohibit the use of the electronic versions of the forms developed
by the Secretary pursuant to this paragraph by an eligible institution,
eligible lender, a guaranty agency, a State grant agency, a private computer
software provider, a consortium of such entities, or such other entity as the
Secretary may designate. Data collected by the electronic versions of such
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 versions 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. “(G) 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
an electronic version of a form developed by the Secretary under 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
form. “(H) SIGNATURE.—Notwithstanding any other provision of this
Act, the Secretary may permit an electronic version of a form developed under
this paragraph to be submitted without a signature, if a signature is
subsequently submitted by the applicant or if the applicant uses a personal
identification number provided by the Secretary under subparagraph (I). “(I) PERSONAL IDENTIFICATION NUMBERS
AUTHORIZED.—The Secretary is
authorized to assign to an applicant a personal identification number— “(J) PERSONAL IDENTIFICATION NUMBER
IMPROVEMENT.—Not later than
180 days after the date of enactment of the Higher Education Amendments of 2007, the
Secretary shall implement a real-time data match between the Social Security
Administration and the Department to minimize the time required for an
applicant to obtain a personal identification number when applying for aid
under this title through an electronic version of a form developed under this
paragraph. “(4) STREAMLINED REAPPLICATION PROCESS.— “(A) IN GENERAL.—The Secretary shall develop streamlined
paper and electronic reapplication forms and processes for an applicant who
applies for financial assistance under this title in the next succeeding
academic year subsequent to an academic year for which such applicant applied
for financial assistance under this title. “(B) UPDATING OF DATA ELEMENTS.—The Secretary shall determine, in
cooperation with States, institutions of higher education, agencies, and
organizations involved in student financial assistance, the data elements that
may be transferred from the previous academic year's application and those data
elements that shall be updated. “(5) STATE REQUIREMENTS.— “(A) IN GENERAL.—Except as provided in paragraphs
(2)(B)(iii), (3)(D), and (4)(B), the Secretary shall include on the forms
developed under this subsection, such State-specific data items as the
Secretary determines are necessary to meet State requirements for need-based
State aid. Such items shall be selected in consultation with State agencies in
order to assist in the awarding of State financial assistance in accordance
with the terms of this subsection. The number of such data items shall not be
less than the number included on the common financial reporting form for the
2005–2006 award year unless a State notifies the Secretary that the State no
longer requires those data items for the distribution of State need-based
aid. “(C) USE OF SIMPLIFIED APPLICATION FORMS
ENCOURAGED.—The Secretary
shall encourage States to take such steps as are necessary to encourage the use
of simplified forms under this subsection, including those forms described in
paragraphs (2)(B) and (3)(C), for applicants who meet the requirements of
subsection (b) or (c) of section 479. “(D) CONSEQUENCES IF STATE DOES NOT ACCEPT
SIMPLIFIED FORMS.—If a State
does not permit an applicant to file a form described in paragraph (2)(B) or
(3)(C) for purposes of determining eligibility for State need-based financial
aid, the Secretary may determine that State-specific questions for such State
will not be included on a form described in paragraph (2)(B) or (3)(B). If the
Secretary makes such determination, the Secretary shall advise the State of the
Secretary's determination. “(6) CHARGES TO STUDENTS AND PARENTS FOR USE OF
FORMS PROHIBITED.—The need and
eligibility of a student for financial assistance under parts A through E
(other than under subpart 4 of part A) may be determined only by using a form
developed by the Secretary under this subsection. Such forms shall be produced,
distributed, and processed by the Secretary, and no parent or student shall be
charged a fee by the Secretary, a contractor, a third-party servicer or private
software provider, or any other public or private entity for the collection,
processing, or delivery of financial aid through the use of such forms. No data
collected on a paper or electronic version of a form developed under this
subsection, or other document that was created to replace, or used to complete,
such a form, and for which a fee was paid, shall be used. “(7) RESTRICTIONS ON USE OF PIN.—No person, commercial entity, or other
entity shall request, obtain, or utilize an applicant's personal identification
number assigned under paragraph (3)(I) for purposes of submitting a form
developed under this subsection on an applicant's behalf. “(8) APPLICATION PROCESSING CYCLE.—The Secretary shall enable students to
submit forms developed under this subsection and initiate the processing of
such forms under this subsection, as early as practicable prior to January 1 of
the student's planned year of enrollment. “(9) EARLY ESTIMATES OF EXPECTED FAMILY
CONTRIBUTIONS.—The Secretary
shall permit an applicant to complete a form described in this subsection in
the years prior to enrollment in order to obtain from the Secretary a
nonbinding estimate of the applicant's expected family contribution, computed
in accordance with part F. Such applicant shall be permitted to update
information submitted on a form described in this subsection using the process
required under paragraph (4). “(10) DISTRIBUTION OF DATA.—Institutions of higher education, guaranty
agencies, and States shall receive, without charge, the data collected by the
Secretary using a form developed under this subsection for the purposes of
processing loan applications and determining need and eligibility for
institutional and State financial aid awards. Entities designated by
institutions of higher education, guaranty agencies, or States to receive such
data shall be subject to all the requirements of this section, unless such
requirements are waived by the Secretary. “(11) THIRD PARTY SERVICERS AND PRIVATE SOFTWARE
PROVIDERS.—To the extent
practicable and in a timely manner, the Secretary shall provide, to private
organizations and consortia that develop software used by institutions of
higher education for the administration of funds under this title, all the
necessary specifications that the organizations and consortia must meet for the
software the organizations and consortia develop, produce, and distribute
(including any diskette, modem, or network communications) which are so used.
The specifications shall contain record layouts for required data. The
Secretary shall develop in advance of each processing cycle an annual schedule
for providing such specifications. The Secretary, to the extent practicable,
shall use multiple means of providing such specifications, including
conferences and other meetings, outreach, and technical support mechanisms
(such as training and printed reference materials). The Secretary shall, from
time to time, solicit from such organizations and consortia means of improving
the support provided by the Secretary.
(2) by redesignating subsections (c) through (e) (as amended by section 101(b)(11)) as subsections (b) through (d), respectively;
(3) in subsection (c) (as redesignated by paragraph (2)), by striking “that is authorized” and all that follows through the period at the end and inserting “or other appropriate provider of technical assistance and information on postsecondary educational services that is authorized under section 663(a) of the Individuals with Disabilities Education Act. Not later than 2 years after the date of enactment of the Higher Education Amendments of 2007, the Secretary shall test and implement, to the extent practicable, a toll-free telephone based system to permit applicants who meet the requirements of 479(c) to submit an application over such system.”;
(4) by striking subsection (d) (as redesignated
by paragraph (2)) and inserting the following: “(d) Assistance in preparation of financial aid
application.— “(1) PREPARATION AUTHORIZED.—Notwithstanding any provision of this Act,
an applicant may use a preparer for consultative or preparation services for
the completion of a form developed under subsection (a) if the preparer
satisfies the requirements of this subsection. “(2) PREPARER IDENTIFICATION
REQUIRED.—If an applicant uses
a preparer for consultative or preparation services for the completion of a
form developed under subsection (a), the preparer shall include the name,
signature, address or employer's address, social security number or employer
identification number, and organizational affiliation of the preparer on the
applicant's form. “(3) ADDITIONAL REQUIREMENTS.—A preparer that provides consultative or
preparation services pursuant to this subsection shall— “(A) clearly inform each individual upon initial
contact, including contact through the Internet or by telephone, that the FAFSA
and EZ FAFSA may be completed for free via paper or electronic versions of the
forms that are provided by the Secretary; “(B) include in any advertising clear and
conspicuous information that the FAFSA and EZ FAFSA may be completed for free
via paper or electronic versions of the forms that are provided by the
Secretary; “(C) if advertising or providing any information
on a website, or if providing services through a website, include on the
website a link to the website described in subsection (a)(3) that provides the
electronic versions of the forms developed under subsection (a); “(4) SPECIAL RULE.—Nothing in this Act shall be construed to
limit preparers of the financial reporting forms required to be made under this
title that meet the requirements of this subsection from collecting source
information from a student or parent, including Internal Revenue Service tax
forms, in providing consultative and preparation services in completing the
forms.”;
and
(5) by adding at the end the following: “(e) Early application and award demonstration
program.— “(1) PURPOSE.—The purpose of the demonstration program
implemented under this subsection is to determine the feasibility of
implementing a comprehensive early application and notification system for all
dependent students and to measure the benefits and costs of such a
system. “(2) PROGRAM AUTHORIZED.—Not later than 2 years after the date of
enactment of the Higher Education Amendments
of 2007, the Secretary shall implement an early application
demonstration program enabling dependent students who wish to participate in
the program— “(A) to complete an application under this
subsection during the academic year that is 2 years prior to the year such
students plan to enroll in an institution of higher education; and “(B) based on the application described in
subparagraph (A), to obtain, not later than 1 year prior to the year of the
students' planned enrollment, information on eligibility for Federal Pell
Grants, Federal student loans under this title, and State and institutional
financial aid for the student's first year of enrollment in an the institution
of higher education. “(3) EARLY APPLICATION AND AWARD.—For all dependent students selected for
participation in the demonstration program who submit a completed FAFSA, or, as
appropriate, an EZ FAFSA, 2 years prior to the year such students plan to
enroll in an institution of higher education, the Secretary shall, not later
than 1 year prior to the year of such planned enrollment— “(A) provide each student who meets the
requirements under section 479(c) with a determination of such
student's— “(4) PARTICIPANTS.—The Secretary shall include, as
participants in the demonstration program— “(B) institutions of higher education within the
selected States that are interested in participating in the demonstration
program, and that can make estimates or commitments of institutional student
financial aid, as appropriate, to students the year before the students'
planned enrollment date; and “(5) APPLICATIONS.—States that are interested in participating
in the demonstration program shall submit an application, to the Secretary at
such time, in such form, and containing such information as the Secretary shall
require. The application shall include— “(A) information on the amount of the State's
need-based student financial assistance available, and the eligibility criteria
for receiving such assistance; “(B) a commitment to make, not later than the
year before the dependent students participating in the demonstration program
plan to enroll in an institution of higher education— “(C) a plan for recruiting institutions of
higher education and secondary schools with different demographic
characteristics to participate in the program; “(D) a plan for selecting institutions of higher
education and secondary schools to participate in the program that— “(i) demonstrate a commitment to encouraging
students to submit a FAFSA, or, as appropriate, an EZ FAFSA, 2 years before the
students' planned date of enrollment in an institution of higher
education; “(iii) in the case of institutions of higher
education— “(6) SPECIAL PROVISIONS.— “(A) DISCRETION OF STUDENT FINANCIAL AID
ADMINISTRATORS.—A financial
aid administrator at an institution of higher education participating in a
demonstration program under this subsection may use the discretion provided
under section 479A as necessary in awarding financial aid to students
participating in the demonstration program. “(B) WAIVERS.—The Secretary is authorized to waive, for
an institution participating in the demonstration program, any requirements
under the title, or regulations prescribed under this title, that would make
the demonstration program unworkable, except that the Secretary shall not waive
any provisions with respect to the maximum award amounts for grants and loans
under this title. “(7) OUTREACH.—The Secretary shall make appropriate
efforts in order to notify States, institutions of higher education, and
secondary schools of the demonstration program. “(8) EVALUATION.—The Secretary shall conduct a rigorous
evaluation of the demonstration program to measure the program's benefits and
adverse effects, as the benefits and effects relate to the purpose of the
program described in paragraph (1). In conducting the evaluation, the Secretary
shall— “(A) identify whether receiving financial aid
awards or estimates, as applicable, 1 year prior to the year in which the
student plans to enroll in an institution of higher education, has a positive
impact on the higher education aspirations and plans of such student; “(B) measure the extent to which using a
student's income information from the year that is 2 years prior to the
student's planned enrollment date had an impact on the ability of States and
institutions to make financial aid awards and commitments; “(C) determine what operational changes would be
required to implement the program on a larger scale; “(f) Use of IRS data and reduced income and
asset information to determine eligibility for student financial aid.— “(1) FORMATION OF STUDY
GROUP.—Not later than 90 days after the date of enactment of the
Higher Education Amendments of 2007, the Comptroller General of the United
States and the Secretary of Education shall convene a study group whose
membership shall include the Secretary of the Treasury, the Director of the
Office of Management and Budget, the Director of the Congressional Budget
Office, representatives of institutions of higher education with expertise in
Federal and State financial aid assistance, State chief executive officers of
higher education with a demonstrated commitment to simplifying the FAFSA, and
such other individuals as the Comptroller General and the Secretary of
Education may designate. “(2) STUDY
REQUIRED.—The Comptroller
General and the Secretary, in consultation with the study group convened under
paragraph (1), shall design and conduct a study to identify and evaluate the
means of simplifying the process of applying for Federal financial aid
available under this title. The study shall focus on developing alternative
approaches for calculating the expected family contribution that use
substantially less income and asset data than the methodology currently used,
as of the time of the study, for determining the expected family
contribution. “(3) OBJECTIVES OF STUDY.—The objectives of the study required under
paragraph (2) are— “(A) to shorten the FAFSA and make it easier and
less time-consuming to complete, thereby increasing higher education access for
low-income students; “(B) to examine the feasibility, and evaluate
the costs and benefits, of using income data from the Internal Revenue Service
to pre-populate the electronic version of the FAFSA; “(4) REQUIRED SUBJECTS OF STUDY.—The study required under paragraph (2)
shall consider— “(A) how the expected family contribution of a
student could be calculated using substantially less income and asset
information than the approach currently used, as of the time of the study, to
calculate the expected family contribution without causing significant
redistribution of Federal grants and subsidized loans under this title, State
aid, or institutional aid, or change in the composition of the group of
recipients of such aid, which alternative approaches for calculating the
expected family contribution shall, to the extent practicable— “(B) how the Internal Revenue Service can
provide income and other data needed to compute an expected family contribution
for taxpayers and dependents of taxpayers to the Secretary of Education, and
when in the application cycle the data can be made available; “(D) the extent to which the use of income data
from 2 years prior to a student's planned enrollment date would change the
expected family contribution computed in accordance with part F, and potential
adjustments to the need analysis formula that would minimize the change; “(E) the extent to which States and institutions
would accept the data provided by the Internal Revenue Service to prepopulate
the electronic version of the FAFSA in determining the distribution of State
and institutional student financial aid funds; “(F) the changes to the electronic version of
the FAFSA and verification processes that would be needed or could be made if
Internal Revenue Service data were used to prepopulate such electronic
version; “(G) the data elements currently collected, as
of the time of the study, on the FAFSA that are needed to determine eligibility
for student aid, or to administer Federal student financial aid programs, but
are not needed to compute an expected family contribution, such as whether
information regarding the student's citizenship or permanent residency status,
registration for selective service, or driver’s license number could be reduced
without adverse effects; “(H) additional steps that can be taken to
simplify the financial aid application process for students who (or, in the
case of dependent students, whose parents) are not required to file an income
tax return for the prior taxable year; “(I) information on the State need for and usage
of the full array of income, asset, and other information currently collected,
as of the time of the study, on the FAFSA, including analyses of— “(i) what data are currently used by States to
determine eligibility for State student financial aid, and whether the data are
used for merit or need-based aid; “(ii) the extent to which the full array of
income and asset information currently collected on the FAFSA play an important
role in the awarding of need-based State financial aid, and whether the State
could use income and asset information that was more limited to support
determinations of eligibility for such State aid programs; “(iv) what State official has the authority to
advise the Department on what the State requires to calculate need-based State
student financial aid; “(v) the extent to which any State-specific
information requirements could be met by completion of a State application
linked to the electronic version of the FAFSA; and “(vi) whether the State can use, as of the time
of the study, or could use, a student's expected family contribution based on
data from 2 years prior to the student's planned enrollment date and a
calculation with reduced data elements and, if not, what additional information
would be needed or what changes would be required; and “(5) USE OF DATA FROM THE INTERNAL REVENUE
SERVICE TO PREPOPULATE FAFSA FORMS.—After the study required under this
subsection has been completed, the Secretary may use Internal Revenue Service
data to prepopulate the electronic version of the FAFSA if the Secretary, in a
joint decision with the Secretary of Treasury, determines that such use will
not significantly negatively impact students, institutions of higher education,
States, or the Federal Government based on each of the following
criteria: “(E) Whether all States and institutions that
currently accept the Federal aid formula accept the use of data from 2 years
prior to the date of a student's planned enrollment in an institution of higher
education to award Federal, State, and institutional aid, and as a result will
not require students to complete any additional forms to receive this
aid.
(a) Amendments.—Section 484 (20 U.S.C. 1091) is amended—
(1) in subsection (d), by adding at the end the following:
“(4) The student shall be determined by the institution of higher education as having the ability to benefit from the education or training offered by the institution of higher education, upon satisfactory completion of 6 credit hours or the equivalent coursework that are applicable toward a degree or certificate offered by the institution of higher education.”;
(2) by striking subsection (l) and inserting
the following: “(l) Courses Offered Through Distance
Education.— “(1) RELATION TO CORRESPONDENCE COURSES.— “(A) IN GENERAL.—A student enrolled in a course of
instruction at an institution of higher education that is offered principally
through distance education and leads to a recognized certificate, or associate,
baccalaureate, or graduate degree, conferred by such institution, shall not be
considered to be enrolled in correspondence courses. “(2) RESTRICTION OR REDUCTIONS OF FINANCIAL
AID.—A student’s eligibility
to receive grants, loans, or work assistance under this title shall be reduced
if a financial aid officer determines under the discretionary authority
provided in section 479A that distance education results in a substantially
reduced cost of attendance to such student. “(3) SPECIAL RULE.—For award years prior to July 1, 2008, the
Secretary shall not take any compliance, disallowance, penalty, or other action
against a student or an eligible institution when such action arises out of
such institution’s prior award of student assistance under this title if the
institution demonstrates to the satisfaction of the Secretary that its course
of instruction would have been in conformance with the requirements of this
subsection.”;
and
(3) by adding at the end the following: “(s) Students with intellectual
disabilities.—Notwithstanding
subsection (a), in order to receive any grant or work assistance under subparts
1 and 3 of part A and part C of this title, a student with an intellectual
disability shall— “(1) be an individual with an intellectual
disability whose mental retardation or other significant cognitive impairment
substantially impacts the individual's intellectual and cognitive
functioning; “(2) (A) be a student eligible for assistance under
the Individuals with Disabilities Education Act who has completed secondary
school; or “(3) be enrolled or accepted for enrollment in a
comprehensive transition and postsecondary education program that— “(A) is designed for students with an
intellectual disability who are seeking to continue academic, vocational, and
independent living instruction at the institution in order to prepare for
gainful employment and independent living; “(C) requires students to participate on at
least a half-time basis, as determined by the institution; or
Section 484A (20 U.S.C. 1091a) is amended—
(2) by adding at the end the following: “(d) Special Rule.—This section shall not apply in the case of
a student who is deceased or to a deceased student’s estate or the estate of
such student’s family. If a student is deceased, then the student’s estate or
the estate of the student’s family shall not be required to repay any financial
assistance under this title, including interest paid on the student’s behalf,
collection costs, or other charges specified in this
title.”.
Section 485 (20 U.S.C. 1092) is amended—
(1) in subsection (a)—
(A) in paragraph (1)—
(v) by adding at the end the following:
“(P) institutional policies and sanctions related to copyright infringement, including—
“(i) an annual disclosure that explicitly informs students that unauthorized distribution of copyrighted material, including unauthorized peer-to-peer file sharing, may subject the students to civil and criminal liabilities;
“(Q) student body diversity at the institution, including information on the percentage of enrolled, full-time students who are—
“(R) the placement in employment of, and types of employment obtained by, graduates of the institution’s degree or certificate programs, gathered from such sources as alumni surveys, student satisfaction surveys, the National Survey of Student Engagement, the Community College Survey of Student Engagement, State data systems, or other relevant sources;
(B) by striking paragraph (4) and inserting the following:
“(4) For purposes of this section, institutions may—
“(A) exclude from the information disclosed in accordance with subparagraph (L) of paragraph (1) the completion or graduation rates of students who leave school to serve in the Armed Forces, on official church missions, or with a recognized foreign aid service of the Federal Government; or
“(B) in cases where the students described in subparagraph (A) represent 20 percent or more of the certificate- or degree-seeking, full-time, undergraduate students at the institution, the institution may recalculate the completion or graduation rates of such students by excluding from the calculation described in paragraph (3) the time period such students were not enrolled due to their service in the Armed Forces, on official church missions, or with a recognized foreign aid service of the Federal Government.”; and
(C) by adding at the end the following:
“(7) The information disclosed under subparagraph (L) of paragraph (1), or reported under subsection (e), shall include information disaggregated by gender, by each major racial and ethnic subgroup, by recipients of a Federal Pell Grant, by recipients of a loan made under this part or part D (other than a loan made under section 428H or a Federal Direct Unsubsidized Stafford Loan) who did not receive a Federal Pell Grant, and by recipients of neither a Federal Pell Grant nor a loan made under this part or part D (other than a loan made under section 428H or a Federal Direct Unsubsidized Stafford Loan), if the number of students in such subgroup or with such status is sufficient to yield statistically reliable information and reporting would not reveal personally identifiable information about an individual student. If such number is not sufficient for such purposes, then the institution shall note that the institution enrolled too few of such students to so disclose or report with confidence and confidentiality.”;
(2) in subsection (b)—
(A) in paragraph (1)(A), by striking the subparagraph designation and all that follows through “465.” and inserting the following:
“(A) Each eligible institution shall, through financial aid offices or otherwise, provide counseling to borrowers of loans that are made, insured, or guaranteed under part B (other than loans made pursuant to section 428C or loans made to parents pursuant to section 428B), or made under part D (other than Federal Direct Consolidation Loans or Federal Direct PLUS Loans made to parents) or E, prior to the completion of the course of study for which the borrower enrolled at the institution or at the time of departure from such institution. The counseling required by this subsection shall include—
“(i) information on the repayment plans available, including a discussion of the different features of each plan and sample information showing the difference in interest paid and total payments under each plan;
“(ii) the average anticipated monthly repayments under the standard repayment plan and, at the borrower’s request, the other repayment plans for which the borrower is eligible;
“(iii) such debt and management strategies as the institution determines are designed to facilitate the repayment of such indebtedness;
“(iv) an explanation that the borrower has the ability to prepay each such loan, pay the loan on a shorter schedule, and change repayment plans;
“(v) the terms and conditions under which the student may obtain full or partial forgiveness or cancellation of principal or interest under sections 428J, 460, and 465 (to the extent that such sections are applicable to the student’s loans);
“(vi) the terms and conditions under which the student may defer repayment of principal or interest or be granted forbearance under subsections (b)(1)(M) and (o) of section 428, 428H(e)(7), subsections (f) and (l) of section 455, and section 464(c)(2), and the potential impact of such deferment or forbearance;
“(viii) information on the effects of using a consolidation loan to discharge the borrower’s loans under parts B, D, and E, including, at a minimum—
“(I) the effects of consolidation on total interest to be paid, fees to be paid, and length of repayment;
(B) by adding at the end the following:
“(3) Each eligible institution shall, during the exit interview required by this subsection, provide to a borrower of a loan made under part B, D, or E a clear and conspicuous notice describing the general effects of using a consolidation loan to discharge the borrower’s student loans, including—
“(A) the effects of consolidation on total interest to be paid, fees to be paid, and length of repayment;
“(B) the effects of consolidation on a borrower’s underlying loan benefits, including loan forgiveness, cancellation, and deferment;
“(C) the ability for the borrower to prepay the loan, pay on a shorter schedule, and to change repayment plans, and that borrower benefit programs may vary among different loan holders;
(4) in subsection (e), by striking paragraph (3) and inserting the following:
“(3) For purposes of this subsection, institutions may—
“(A) exclude from the reporting requirements under paragraphs (1) and (2) the completion or graduation rates of students and student athletes who leave school to serve in the Armed Forces, on official church missions, or with a recognized foreign aid service of the Federal Government; or
“(B) in cases where the students described in subparagraph (A) represent 20 percent or more of the certificate- or degree-seeking, full-time, undergraduate students at the institution, the institution may calculate the completion or graduation rates of such students by excluding from the calculations described in paragraph (1) the time period such students were not enrolled due to their service in the Armed Forces, on official church missions, or with a recognized foreign aid service of the Federal Government.”;
(5) in subsection (f)—
(A) in paragraph (1)—
(i) the matter preceding subparagraph (A), by inserting “, other than a foreign institution of higher education,” after “under this title”; and
(ii) by adding at the end the following:
“(J) A statement of current campus policies regarding immediate emergency response and evacuation procedures, including the use of electronic and cellular communication (if appropriate), which policies shall include procedures—
“(i) to notify the campus community in a reasonable and timely manner in the event of a significant emergency or dangerous situation, involving an immediate threat to the health or safety of students or staff, occurring on the campus;
(C) by inserting after paragraph (14) the following:
(6) by adding at the end the following: “(h) Transfer of Credit Policies.— “(1) DISCLOSURE.—Each institution of higher education
participating in any program under this title shall publicly disclose in a
readable and comprehensible manner the transfer of credit policies established
by the institution which shall include a statement of the institution’s current
transfer of credit policies that includes, at a minimum— “(2) RULE OF CONSTRUCTION.—Nothing in this subsection shall be
construed to— “(A) authorize the Secretary or the
Accreditation and Institutional Quality and Integrity Advisory Committee to
require particular policies, procedures, or practices by institutions of higher
education with respect to transfer of credit; “(i) Disclosure of fire safety standards and
measures.— “(1) ANNUAL FIRE SAFETY REPORTS ON STUDENT
HOUSING REQUIRED.—Each
eligible institution participating in any program under this title shall, on an
annual basis, publish a fire safety report, which shall contain information
with respect to the campus fire safety practices and standards of that
institution, including— “(A) statistics concerning the following in each
on-campus student housing facility during the most recent calendar years for
which data are available— “(B) a description of each on-campus student
housing facility fire safety system, including the fire sprinkler
system; “(2) REPORT TO THE SECRETARY.—Each eligible institution participating in
any program under this title shall, on an annual basis submit to the Secretary
a copy of the statistics required to be made available under subparagraph
(A). “(3) CURRENT INFORMATION TO CAMPUS
COMMUNITY.—Each institution
participating in any program under this title shall— “(4) RESPONSIBILITIES OF THE
SECRETARY.—The Secretary
shall— “(B) in coordination with nationally recognized
fire organizations and representatives of institutions of higher education,
representatives of associations of institutions of higher education, and other
organizations that represent and house a significant number of students— “(5) RULES OF CONSTRUCTION.—Nothing in this subsection shall be
construed to— “(A) authorize the Secretary to require
particular policies, procedures, programs, or practices by institutions of
higher education with respect to fire safety, other than with respect to the
collection, reporting, and dissemination of information required by this
subsection; “(B) affect the Family Educational Rights and
Privacy Act of 1974 or the regulations issued under section 264 of the Health
Insurance Portability and Accountability Act of 1996 (42 U.S.C. 1320d–2
note);
Section 485 (as amended by section 477) is further amended—
(2) by inserting after subsection (a) the
following: “(b) Entrance counseling for borrowers.— “(1) DISCLOSURE REQUIRED PRIOR TO
DISBURSEMENT.— “(A) IN GENERAL.—Each eligible institution shall, at or
prior to the time of a disbursement to a first-time student borrower of a loan
made, insured, or guaranteed under part B or D, ensure that the borrower
receives comprehensive information on the terms and conditions of the loan and
the responsibilities the borrower has with respect to such loan. Such
information shall be provided in simple and understandable terms and may be
provided— “(B) USE OF INTERACTIVE PROGRAMS.—The Secretary shall encourage institutions
to carry out the requirements of subparagraph (A) through the use of
interactive programs that test the borrowers’ understanding of the terms and
conditions of the borrowers' loans under part B or D, using comprehensible
language and displays with clear formatting. “(2) INFORMATION TO BE PROVIDED.—The information provided to the borrower
under paragraph (1)(A) shall include— “(B) in the case of a loan made under section
428B or 428H, a Federal Direct PLUS Loan, or a Federal Direct Unsubsidized
Stafford Loan— “(C) the definition of half-time enrollment at
the institution, during regular terms and summer school, if applicable, and the
consequences of not maintaining half-time enrollment; “(D) an explanation of the importance of
contacting the appropriate institutional offices if the borrower withdraws
prior to completing the borrower’s program of study so that the institution can
provide exit counseling, including information regarding the borrower’s
repayment options and loan consolidation; “(E) the obligation of the borrower to repay the
full amount of the loan even if the borrower does not complete the program in
which the borrower is enrolled;
Section 485B (20 U.S.C. 1092b) is amended—
(1) in subsection (a)—
(3) by inserting after subsection (c) the
following: “(d) Principles for administering the data
system.—In managing the
National Student Loan Data System, the Secretary shall take actions necessary
to maintain confidence in the data system, including, at a minimum— “(1) ensuring that the primary purpose of access
to the data system by guaranty agencies, eligible lenders, and eligible
institutions of higher education is for legitimate program operations, such as
the need to verify the eligibility of a student, potential student, or parent
for loans under part B, D, or E; “(2) prohibiting nongovernmental researchers and
policy analysts from accessing personally identifiable information; “(3) creating a disclosure form for students and
potential students that is distributed when such students complete the common
financial reporting form under section 483, and as a part of the exit
counseling process under section 485(b), that— “(A) informs the students that any title IV
grant or loan the students receive will be included in the National Student
Loan Data System, and instructs the students on how to access that
information; “(B) describes the categories of individuals or
entities that may access the data relating to such grant or loan through the
data system, and for what purposes access is allowed; “(4) requiring guaranty agencies, eligible
lenders, and eligible institutions of higher education that enter into an
agreement with a potential student, student, or parent of such student
regarding a loan under part B, D, or E, to inform the student or parent that
such loan shall be— “(6) developing standardized protocols for
limiting access to the data system that include— “(A) collecting data on the usage of the data
system to monitor whether access has been or is being used contrary to the
purposes of the data system;
(4) by striking subsection (e) (as redesignated
by paragraph (1)) and inserting the following: “(e) Reports to Congress.— “(1) ANNUAL REPORT.—Not later than September 30 of each fiscal
year, the Secretary shall prepare and submit to the appropriate committees of
Congress a report describing— “(A) the results obtained by the establishment
and operation of the National Student Loan Data System authorized by this
section; “(B) the effectiveness of existing privacy
safeguards in protecting student and parent information in the data
system; “(C) the success of any new authorization
protocols in more effectively preventing abuse of the data system; “(2) STUDY.— “(A) IN GENERAL.—The Secretary shall conduct a study
regarding— “(i) available mechanisms for providing students
and parents with the ability to opt in or opt out of allowing eligible lenders
to access their records in the National Student Loan Data System; and “(ii) appropriate protocols for limiting access
to the data system, based on the risk assessment required under subchapter III
of chapter 35 of title 44,
United States Code.
Part G of title IV (20 U.S.C. 1088 et seq.) is further amended by inserting after section 485D (20 U.S.C. 1092c) the following:
“SEC. 485E. Early awareness of financial aid eligibility.
“(a) In General.—The Secretary shall implement, in cooperation with States, institutions of higher education, secondary schools, middle schools, early intervention and outreach programs under this title, other agencies and organizations involved in student financial assistance and college access, public libraries, community centers, employers, and businesses, a comprehensive system of early financial aid information in order to provide students and families with early information about financial aid and early estimates of such students’ eligibility for financial aid from multiple sources. Such system shall include the activities described in subsections (b) and (c).
“(b) Communication of Availability of Aid and Aid Eligibility.—
“(1) STUDENTS WHO RECEIVE BENEFITS.—The Secretary shall—
“(A) make special efforts to notify students, who receive or are eligible to receive benefits under a Federal means-tested benefit program (including the food stamp program under the Food Stamp Act of 1977 (7 U.S.C. 2011 et seq.)) or another such benefit program as determined by the Secretary, of such students’ potential eligibility for a maximum Federal Pell Grant under subpart 1 of part A; and
“(2) MIDDLE SCHOOL STUDENTS.—The Secretary, in cooperation with States, institutions of higher education, other organizations involved in college access and student financial aid, middle schools, and programs under this title that serve middle school students, shall make special efforts to notify students and their parents of the availability of financial aid under this title and, in accordance with subsection (c), shall provide nonbinding estimates of grant and loan aid that an individual may be eligible for under this title upon completion of an application form under section 483(a). The Secretary shall ensure that such information is as accurate as possible and that such information is provided in an age-appropriate format using dissemination mechanisms suitable for students in middle school.
“(3) SECONDARY SCHOOL STUDENTS.—The Secretary, in cooperation with States, institutions of higher education, other organizations involved in college access and student financial aid, secondary schools, and programs under this title that serve secondary school students, shall make special efforts to notify students in secondary school and their parents, as early as possible but not later than such students’ junior year of secondary school, of the availability of financial aid under this title and, in accordance with subsection (c), shall provide nonbinding estimates of the amounts of grant and loan aid that an individual may be eligible for under this title upon completion of an application form under section 483(a). The Secretary shall ensure that such information is as accurate as possible and that such information is provided in an age-appropriate format using dissemination mechanisms suitable for students in secondary school.
“(4) ADULT LEARNERS.—The Secretary, in cooperation with States, institutions of higher education, other organizations involved in college access and student financial aid, employers, workforce investment boards and public libraries, shall make special efforts to provide individuals who would qualify as independent students, as defined in section 480(d), with information regarding the availability of financial aid under this title and, in accordance with subsection (c), with nonbinding estimates of the amounts of grant and loan aid that an individual may be eligible for under this title upon completion of an application form under section 483(a). The Secretary shall ensure that such information—
“(5) PUBLIC AWARENESS CAMPAIGN.—Not later than 2 years after the date of enactment of the Higher Education Amendments of 2007, the Secretary, in coordination with States, institutions of higher education, early intervention and outreach programs under this title, other agencies and organizations involved in student financial aid, local educational agencies, public libraries, community centers, businesses, employers, employment services, workforce investment boards, and movie theaters, shall implement a public awareness campaign in order to increase national awareness regarding the availability of financial aid under this title. The public awareness campaign shall disseminate accurate information regarding the availability of financial aid under this title and shall be implemented, to the extent practicable, using a variety of media, including print, television, radio and the Internet. The Secretary shall design and implement the public awareness campaign based upon relevant independent research and the information and dissemination strategies found most effective in implementing paragraphs (1) through (4).
“(c) Availability of Nonbinding Estimates of Federal Financial Aid Eligibility.—
“(1) IN GENERAL.—The Secretary, in cooperation with States, institutions of higher education, and other agencies and organizations involved in student financial aid, shall provide, via a printed form and the Internet or other electronic means, the capability for individuals to determine easily, by entering relevant data, nonbinding estimates of amounts of grant and loan aid an individual may be eligible for under this title upon completion and processing of an application and enrollment in an institution of higher education.
“(2) DATA ELEMENTS.—The Secretary, in cooperation with States, institutions of higher education, and other agencies and organizations involved in student financial aid, shall determine the data elements that are necessary to create a simplified form that individuals can use to obtain easily nonbinding estimates of the amounts of grant and loan aid an individual may be eligible for under this title.
Section 487 (20 U.S.C. 1094) is amended—
(1) in subsection (a)—
(A) by redesignating paragraphs (21), (22), and (23) as paragraphs (22), (23), and (24), respectively;
(B) by inserting after paragraph (20) the following:
“(21) CODE OF CONDUCT.—
“(A) IN GENERAL.—The institution will establish, follow, and enforce a code of conduct regarding student loans that includes not less than the following:
“(i) REVENUE SHARING PROHIBITION.—The institution is prohibited from receiving anything of value from any lender in exchange for any advantage sought by the lender to make educational loans to a student enrolled, or who is expected to be enrolled, at the institution, except that an institution shall not be prohibited from receiving a philanthropic contribution from a lender if the contribution is not made in exchange for any such advantage.
“(ii) GIFT AND TRIP PROHIBITION.—Any employee who is employed in the financial aid office of the institution, or who otherwise has responsibilities with respect to educational loans or other financial aid of the institution, is prohibited from taking from any lender any gift or trip worth more than nominal value, except for reasonable expenses for professional development that will improve the efficiency and effectiveness of programs under this title and for domestic travel to such professional development.
“(iii) CONTRACTING ARRANGEMENTS.—Any employee who is employed in the financial aid office of the institution, or who otherwise has responsibilities with respect to educational loans or other financial aid of the institution, shall be prohibited from entering into any type of consulting arrangement or other contract to provide services to a lender.
“(iv) ADVISORY BOARD COMPENSATION.—Any employee who is employed in the financial aid office of the institution, or who otherwise has responsibilities with respect to educational loans or other student financial aid of the institution, and who serves on an advisory board, commission, or group established by a lender or group of lenders shall be prohibited from receiving anything of value from the lender or group of lenders, except that the employee may be reimbursed for reasonable expenses incurred in serving on such advisory board, commission or group.
“(B) DESIGNATION.—The institution will designate an individual who shall be responsible for signing an annual attestation on behalf of the institution that the institution agrees to, and is in compliance with, the requirements of the code of conduct described in this paragraph. Such individual shall be the chief executive officer, chief operating officer, chief financial officer, or comparable official, of the institution, and shall annually submit the signed attestation to the Secretary.
(C) in paragraph (24) (as redesignated by subparagraph (A)), by adding at the end the following:
“(D) In the case of a proprietary institution of higher education as defined in section 102(b), the institution shall be considered in compliance with the requirements of subparagraph (A) for any student to whom the institution electronically transmits a message containing a voter registration form acceptable for use in the State in which the institution is located, or an Internet address where such a form can be downloaded, if such information is in an electronic message devoted solely to voter registration.”; and
(D) by adding at the end the following:
“(25) In the case of a proprietary institution of higher education as defined in section 102(b), the institution will, as calculated in accordance with subsection (h)(1), have not less than 10 percent of its revenues from sources other than funds provided under this title, or will be subject to the sanctions described in subsection (h)(2).
“(26) PREFERRED LENDER LISTS.—
“(A) IN GENERAL.—In the case of an institution (including an employee or agent of an institution) that maintains a preferred lender list, in print or any other medium, through which the institution recommends one or more specific lenders for loans made under part B to the students attending the institution (or the parents of such students), the institution will—
“(i) clearly and fully disclose on the preferred lender list—
“(ii) ensure, through the use of the list provided by the Secretary under subparagraph (C), that—
“(B) DEFINITION OF AFFILIATE; CONTROL.—
“(i) DEFINITION OF AFFILIATE.—For the purposes of subparagraph (A)(ii) the term ‘affiliate’ means a person that controls, is controlled by, or is under common control with, another person.
“(ii) CONTROL.—For purposes of subparagraph (A)(ii), a person has control over another person if—
“(I) the person directly or indirectly, or acting through 1 or more others, owns, controls, or has the power to vote 5 percent or more of any class of voting securities of such other person;
“(C) LIST OF LENDER AFFILIATES.—The Secretary, in consultation with the Director of the Federal Deposit Insurance Corporation, shall maintain and update a list of lender affiliates of all eligible lenders, and shall provide such list to the eligible institutions for use in carrying out subparagraph (A).”;
(2) in subsection (c)(1)(A)(i), by inserting “, except that the Secretary may modify the requirements of this clause with regard to an institution outside the United States” before the semicolon at the end;
(4) by inserting after subsection (c) the
following: “(d) Institutional Requirements for
Teach-Outs.— “(1) IN GENERAL.—In the event the Secretary initiates the
limitation, suspension, or termination of the participation of an institution
of higher education in any program under this title under the authority of
subsection (c)(1)(F) or initiates an emergency action under the authority of
subsection (c)(1)(G) and its prescribed regulations, the Secretary shall
require that institution to prepare a teach-out plan for submission to the
institution’s accrediting agency or association in compliance with section
496(c)(4), the Secretary’s regulations on teach-out plans, and the standards of
the institution’s accrediting agency or association. “(2) TEACH-OUT PLAN DEFINED.—In this subsection, the term
‘teach-out plan’ means a written plan that provides for the
equitable treatment of students if an institution of higher education ceases to
operate before all students have completed their program of study, and may
include, if required by the institution’s accrediting agency or association, an
agreement between institutions for such a teach-out plan. “(e) Violation of code of conduct regarding
student loans.— “(1) IN GENERAL.—Upon a finding by the Secretary, after
reasonable notice and an opportunity for a hearing, that an institution of
higher education that has entered into a program participation agreement with
the Secretary under subsection (a) willfully contravened the institution’s
attestation of compliance with the provisions of subsection (a)(21), the
Secretary may impose a penalty described in paragraph (2).
(5) by adding at the end the following: “(h) Implementation of Nontitle IV Revenue
Requirement.— “(1) CALCULATION.—In carrying out subsection (a)(27), a
proprietary institution of higher education (as defined in section 102(b))
shall use the cash basis of accounting and count the following funds as from
sources of funds other than funds provided under this title: “(A) Funds used by students from sources other
than funds received under this title to pay tuition, fees, and other
institutional charges to the institution, provided the institution can
reasonably demonstrate that such funds were used for such purposes. “(B) Funds used by the institution to satisfy
matching-fund requirements for programs under this title. “(C) Funds used by a student from savings plans
for educational expenses established by or on behalf of the student and which
qualify for special tax treatment under the Internal Revenue Code of
1986. “(D) Funds paid by a student, or on behalf of a
student by a party other than the institution, to the institution for an
education or training program that is not eligible for funds under this title,
provided that the program is approved or licensed by the appropriate State
agency or an accrediting agency recognized by the Secretary. “(E) Funds generated by the institution from
institutional activities that are necessary for the education and training of
the institution’s students, if such activities are— “(F) Institutional aid, as follows: “(i) In the case of loans made by the
institution, only the amount of loan repayments received by the institution
during the fiscal year for which the determination is made. “(2) SANCTIONS.— “(A) FAILURE TO MEET REQUIREMENT FOR 1
YEAR.—In addition to such
other means of enforcing the requirements of this title as may be available to
the Secretary, if an institution fails to meet the requirements of subsection
(a)(27) in any year, the Secretary may impose 1 or both of the following
sanctions on the institution: “(B) FAILURE TO MEET REQUIREMENT FOR 2
YEARS.—An institution that
fails to meet the requirements of subsection (a)(27) for 2 consecutive years
shall be ineligible to participate in the programs authorized under this title
until the institution demonstrates, to the satisfaction of the Secretary, that
it is in compliance with subsection (a)(27). “(3) PUBLIC AVAILABILITY OF
INFORMATION.—The Secretary
shall make publicly available, through the means described in subsection (b) of
section 131, any institution that fails to meet the requirements of subsection
(a)(27) in any year as an institution that is failing to meet the minimum
non-Federal source of revenue requirements of such subsection
(a)(27).”.
Section 487A(b) (20 U.S.C. 1094a(b)) is amended—
(3) in paragraph (3)—
(A) in subparagraph (A)—
(D) in subparagraph (B) (as redesignated by subparagraph (C))—
(i) by inserting “, including requirements related to the award process and disbursement of student financial aid (such as innovative delivery systems for modular or compressed courses, or other innovative systems), verification of student financial aid application data, entrance and exit interviews, or other management procedures or processes as determined in the negotiated rulemaking process under section 492” after “requirements in this title”;
Section 488 (20 U.S.C. 1095) is amended in the first sentence—
Section 489(b) (20 U.S.C. 1096(b)) is amended by striking “offsetting the administrative costs of” and inserting “administering”.
Section 491 (20 U.S.C. 1098) is amended—
(1) in subsection (a)(2)—
(6) by adding at the end the following: “(l) Review and Analysis of Regulations.— “(1) RECOMMENDATIONS.—The Advisory Committee shall make
recommendations to the Secretary and Congress for consideration of future
legislative action regarding redundant or outdated regulations under this
title, consistent with the Secretary’s requirements under section 498B. “(2) REVIEW AND ANALYSIS OF
REGULATIONS.—The Advisory
Committee shall conduct a review and analysis of the regulations issued under
this title that are in effect at the time of the review and that apply to the
operations or activities of participants in the programs assisted under this
title. The review and analysis may include a determination of whether the
regulation is duplicative, is no longer necessary, is inconsistent with other
Federal requirements, or is overly burdensome. In conducting the review, the
Advisory Committee shall pay specific attention to evaluating ways in which
regulations under this title affecting institutions of higher education (other
than institutions described in section 102(a)(1)(C)), that have received in
each of the 2 most recent award years prior to the date of enactment of the
Higher Education Amendments of
2007 less than $200,000 in funds through this title, may be
improved, streamlined, or eliminated. “(3) CONSULTATION.— “(A) IN GENERAL.—In carrying out the review and analysis
under paragraph (2), the Advisory Committee shall consult with the Secretary,
relevant representatives of institutions of higher education, and individuals
who have expertise and experience with the regulations issued under this title,
in accordance with subparagraph (B). “(B) REVIEW PANELS.—The Advisory Committee shall convene not
less than 2 review panels of representatives of the groups involved in student
financial assistance programs under this title who have experience and
expertise in the regulations issued under this title to review the regulations
under this title, and to provide recommendations to the Advisory Committee with
respect to the review and analysis under paragraph (2). The panels shall be
made up of experts in areas such as the operations of the financial assistance
programs, the institutional eligibility requirements for the financial
assistance programs, regulations not directly related to the operations or the
institutional eligibility requirements of the financial assistance programs,
and regulations for dissemination of information to students about the
financial assistance programs. “(4) REPORTS TO CONGRESS.—The Advisory Committee shall submit, not
later than 2 years after the completion of the negotiated rulemaking process
required under section 492 resulting from the amendments to this Act made by
the Higher Education Amendments of 2007, a report to the authorizing committees
and the Secretary detailing the expert panels’ findings and recommendations
with respect to the review and analysis under paragraph (2). “(m) Study of Innovative Pathways to
Baccalaureate Degree Attainment.— “(1) STUDY
REQUIRED.—The Advisory
Committee shall conduct a study of the feasibility of increasing baccalaureate
degree attainment rates by reducing the costs and financial barriers to
attaining a baccalaureate degree through innovative programs. “(2) SCOPE
OF STUDY.—The Advisory
Committee shall examine new and existing programs that promote baccalaureate
degree attainment through innovative ways, such as dual or concurrent
enrollment programs, changes made to the Federal Pell Grant program,
simplification of the needs analysis process, compressed or modular scheduling,
articulation agreements, and programs that allow 2-year institutions of higher
education to offer baccalaureate degrees. “(3) REQUIRED ASPECTS OF THE STUDY.—In performing the study described in this
subsection, the Advisory Committee shall examine the following aspects of such
innovative programs: “(B) The degree to which a student’s total cost
of attaining a baccalaureate degree can be reduced by such programs. “(4) CONSULTATION.— “(A) IN GENERAL.—In performing the study described in this
subsection the Advisory Committee shall consult with a broad range of
interested parties in higher education, including parents, students,
appropriate representatives of secondary schools and institutions of higher
education, appropriate State administrators, administrators of dual or
concurrent enrollment programs, and appropriate Department officials. “(5) REPORTS TO CONGRESS.— “(A) INTERIM
REPORT.—The Advisory Committee
shall prepare and submit to the authorizing committees and the Secretary an
interim report, not later than 1 year after the date of enactment of the
Higher Education Amendments of
2007, describing the progress that has been made in conducting
the study required by this subsection and any preliminary findings on the
topics identified under paragraph (2). “(B) FINAL REPORT.—The Advisory Committee shall, not later
than 3 years after the date of enactment of the
Higher Education Amendments of
2007, prepare and submit to the authorizing committees and the
Secretary a final report on the study, including recommendations for
legislative, regulatory, and administrative changes based on findings related
to the topics identified under paragraph
(2).”.
Section 492(a)(1) (20 U.S.C. 1098a(a)(1)) is amended by inserting “State student grant agencies,” after “institutions of higher education,”.
(a) Repeal.—Section 493A (20 U.S.C. 1098c) is repealed.
(b) Redesignation.—Section 493B (20 U.S.C. 1098d) is redesignated as section 493A.
Section 496 (20 U.S.C. 1099b) is amended—
(1) in subsection (a)—
(A) by striking paragraph (4) and inserting the following:
“(4) (A) such agency or association consistently applies and enforces standards that respect the stated mission of the institution of higher education, including religious missions, and that ensure that the courses or programs of instruction, training, or study offered by the institution of higher education, including distance education courses or programs, are of sufficient quality to achieve, for the duration of the accreditation period, the stated objective for which the courses or the programs are offered; and
“(B) if such agency or association has or seeks to include within its scope of recognition the evaluation of the quality of institutions or programs offering distance education, such agency or association shall, in addition to meeting the other requirements of this subpart, demonstrate to the Secretary that—
“(i) the agency or association’s standards effectively address the quality of an institution’s distance education in the areas identified in section 496(a)(5), except that the agency or association shall not be required to have separate standards, procedures or policies for the evaluation of distance education institutions or programs in order to meet the requirements of this subparagraph; and
“(ii) the agency or association requires an institution that offers distance education to have processes through which the institution establishes that the student who registers in a distance education course or program is the same student who participates in and completes the program and receives the academic credit;”;
(B) in paragraph (5), by striking subparagraph (A) and inserting the following:
“(A) success with respect to student achievement in relation to the institution’s mission, which may include different standards for different institutions or programs, as established by the institution, including, as appropriate, consideration of State licensing examinations and job placement rates;”;
(C) by striking paragraph (6) and inserting the following:
“(6) such an agency or association shall establish and apply review procedures throughout the accrediting process, including evaluation and withdrawal proceedings which comply with due process procedures that provide for—
“(A) adequate specification of requirements and deficiencies at the institution of higher education or program examined;
“(B) an opportunity for a written response by any such institution to be included, prior to final action, in the evaluation and withdrawal proceedings;
“(C) upon the written request of an institution, an opportunity for the institution to appeal any adverse action, including denial, withdrawal, suspension, or termination of accreditation, or placement on probation of an institution, at a hearing prior to such action becoming final, before an appeals panel that—
(D) by striking paragraph (8) and inserting the following:
“(8) such agency or association shall make available to the public and the State licensing or authorizing agency, and submit to the Secretary, a summary of agency or association actions, including—
(2) in subsection (c)—
(A) in paragraph (1), by inserting “, including those regarding distance education” after “their responsibilities”;
(C) by inserting after paragraph (1) (as amended by subparagraph (A)) the following:
“(2) ensures that the agency or association’s on-site evaluation for accreditation or reaccreditation includes review of the Federally required information the institution or program provides its current and prospective students;
“(3) monitors the growth of programs at institutions that are experiencing significant enrollment growth;
“(4) requires an institution to submit a teach-out plan for approval to the accrediting agency upon the occurrence of any of the following events:
“(A) The Department notifies the accrediting agency of an action against the institution pursuant to section 487(d).
(E) in subparagraph (9) (as redesignated by subparagraph (B)), by striking the period and inserting “; and”; and
(3) in subsection (g), by adding at the end the following: “Nothing in this section shall be construed to permit the Secretary to establish any criteria that specifies, defines, or prescribes the standards that accrediting agencies or associations shall use to assess any institution’s success with respect to student achievement.”; and
Section 498 (20 U.S.C. 1099c) is amended—
(2) by adding at the end the following: “(k) Treatment of Teach-Outs at Additional
Locations.— “(1) IN GENERAL.—A location of a closed institution of
higher education shall be eligible as an additional location of an eligible
institution of higher education, as defined pursuant to regulations of the
Secretary, for the purposes of a teach-out, if such teach-out has been approved
by the institution’s accrediting agency. “(2) SPECIAL RULE.—An institution of higher education that
conducts a teach-out through the establishment of an additional location
described in paragraph (1) shall be permitted to establish a permanent
additional location at a closed institution and shall not be required—
Section 498A(b) (20 U.S.C. 1099c–1(b)) is amended—
(3) by adding at the end the following:
“(6) provide to an institution of higher education an adequate opportunity to review and respond to any program review report and relevant materials related to the report before any final program review report is issued;
“(7) review and take into consideration an institution of higher education’s response in any final program review report or audit determination, and include in the report or determination—
“(8) maintain and preserve at all times the confidentiality of any program review report until the requirements of paragraphs (6) and (7) are met, and until a final program review is issued, other than to the extent required to comply with paragraph (5), except that the Secretary shall promptly disclose any and all program review reports to the institution of higher education under review.”.
(a) In general.—Title IV (20 U.S.C. 1070 et seq.) is further amended by adding at the end the following:
“SEC. 499A. Access to timely information about loans.
“(a) Regular bill providing pertinent information about a loan.—A lender of a loan made, insured, or guaranteed under this title shall provide the borrower of such loan a bill each month or, in the case of a loan payable less frequently than monthly, a bill that corresponds to each payment installment time period, including a clear and conspicuous notice of—
“(5) the amount of additional interest payments the borrower is expected to pay over the life of the loan;
“(6) the total amount the borrower has paid for the loan, including the amount the borrower has paid in interest, the amount the borrower has paid in fees, and the amount the borrower has paid against the balance, in a brief, borrower-friendly manner;
“(b) Information provided before commencement of repayment.—A lender of a loan made, insured, or guaranteed under this title shall provide to the borrower of such loan, at least one month before the loan enters repayment, a clear and conspicuous notice of not less than the following information:
“(c) Information provided during delinquency.—In addition to any other information required under law, a lender of a loan made, insured, or guaranteed under this title shall provide a borrower in delinquency with a clear and conspicuous notice of the date on which the loan will default if no payment is made, the minimum payment that must be made to avoid default, discharge options to which the borrower may be entitled, resources, including nonprofit organizations, advocates, and counselors (including the Office of the Ombudsman at the Department), where borrowers can receive advice and assistance, if such resources exist.
(a) Evaluation.—If Congress enacts an Act that authorizes the Secretary of Education to carry out a pilot program under which the Secretary establishes a mechanism for an auction of Federal PLUS Loans, then the Comptroller General shall evaluate such pilot program. The evaluation shall determine—
(1) the extent of the savings to the Federal Government that are generated through the pilot program, compared to the cost the Federal Government would have incurred in operating the parent loan program under section 428B of the Higher Education Act of 1965 in the absence of the pilot program;
(2) the number of lenders that participated in the pilot program, and the extent to which the pilot program generated competition among lenders to participate in the auctions under the pilot program;
(3) the effect of the transition to and operation of the pilot program on the ability of—
(A) lenders participating in the pilot program to originate loans made through the pilot program smoothly and efficiently;
(b) Reports.—The Comptroller General shall—
(1) not later than September 1, 2010, submit to the authorizing committees (as defined in section 103 of the Higher Education Act of 1965 (20 U.S.C. 1003)) a preliminary report regarding the findings of the evaluation described in subsection (a);
Section 503(b) (20 U.S.C. 1101b(b)) is amended—
(2) in paragraph (5), by inserting “, including innovative, customized remedial education and English language instruction courses designed to help retain students and move the students rapidly into core courses and through program completion” before the period at the end;
(a) Establishment of Program.—Title V (20 U.S.C. 1101 et seq.) is amended—
(3) by inserting after section 505 the following:
“SEC. 511. Program authority and eligibility.
“(a) Program Authorized.—Subject to the availability of funds appropriated to carry out this part, the Secretary shall award grants, on a competitive basis, to eligible institutions to enable the eligible institutions to carry out the authorized activities described in section 512.
“(b) Eligibility.—For the purposes of this part, an ‘eligible institution’ means an institution of higher education that—
“SEC. 512. Authorized activities.
“Grants awarded under this part shall be used for 1 or more of the following activities:
“(1) Purchase, rental, or lease of scientific or laboratory equipment for educational purposes, including instructional and research purposes.
“(2) Construction, maintenance, renovation, and improvement in classroom, library, laboratory, and other instructional facilities, including purchase or rental of telecommunications technology equipment or services.
“(3) Purchase of library books, periodicals, technical and other scientific journals, microfilm, microfiche, and other educational materials, including telecommunications program materials.
“(4) Support for needy postbaccalaureate students, including outreach, academic support services, mentoring, scholarships, fellowships, and other financial assistance, to permit the enrollment of such students in postbaccalaureate certificate and degree granting programs.
“(5) Support of faculty exchanges, faculty development, faculty research, curriculum development, and academic instruction.
“(6) Creating or improving facilities for Internet or other distance education technologies, including purchase or rental of telecommunications technology equipment or services.
“(7) Collaboration with other institutions of higher education to expand postbaccalaureate certificate and degree offerings.
“(8) Other activities proposed in the application submitted pursuant to section 513 that are approved by the Secretary as part of the review and acceptance of such application.
“SEC. 513. Application and duration.
“(a) Application.—Any eligible institution may apply for a grant under this part by submitting an application to the Secretary at such time and in such manner as the Secretary may require. Such application shall demonstrate how the grant funds will be used to improve postbaccalaureate education opportunities for Hispanic and low-income students and will lead to such students’ greater financial independence.
Section 521(b)(1)(A) (as redesignated by section 502(a)(2)) (20 U.S.C. 1103(b)(1)(A)) is amended by striking “subsection (b)” and inserting “subsection (c)”.
Section 524(a) (as redesignated by section 502(a)(2)) (20 U.S.C. 1103c(a)) is amended by striking “section 503” and inserting “sections 503 and 512”.
Section 528(a) (as redesignated by section 502(a)(2)) (20 U.S.C. 1103g(a)) is amended—
(2) by striking “$62,500,000 for fiscal year 1999” and all that follows through the period and inserting “such sums as may be necessary for fiscal year 2008 and each of the 5 succeeding fiscal years.”;
Section 601 (20 U.S.C. 1121) is amended—
(1) in the section heading, by striking “and purposes” and inserting “; purposes; consultation; survey”;
(3) in subsection (b)(1)(D), by inserting “, including through linkages with overseas institutions” before the semicolon; and
(4) by adding at the end the following: “(c) Consultation.—The Secretary shall, prior to requesting
applications for funding under this title during each grant cycle, consult with
and receive recommendations regarding national need for expertise in foreign
languages and world regions from the head officials of a wide range of Federal
agencies. Such agencies shall provide information to the Secretary regarding
how the agencies utilize expertise and resources provided by grantees under
this title. The Secretary shall take into account such recommendations and
information when requesting applications for funding under this title, and
shall make available to applicants a list of areas identified as areas of
national need. “(d) Survey.—The Secretary shall assist grantees in
developing a survey to administer to students who have participated in programs
under this title to determine postgraduation placement. All grantees, where
applicable, shall administer such survey not less often than annually and
report such data to the
Secretary.”.
Section 602 (20 U.S.C. 1122) is amended—
(1) in subsection (a)—
(2) in subsection (b)—
(B) by striking paragraph (2) and inserting the following:
“(2) ELIGIBLE STUDENTS.—A student receiving a stipend described in paragraph (1) shall be engaged—
“(A) in an instructional program with stated performance goals for functional foreign language use or in a program developing such performance goals, in combination with area studies, international studies, or the international aspects of a professional studies program; and
(3) by striking subsection (d) and inserting
the following: “(d) Allowances.— “(1) GRADUATE LEVEL RECIPIENTS.—A stipend awarded to a graduate level
recipient may include allowances for dependents and for travel for research and
study in the United States and abroad.
(4) by adding at the end the following: “(e) Application.—Each institution or combination of
institutions desiring a grant under this section shall submit an application to
the Secretary at such time, in such manner, and accompanied by such information
and assurances as the Secretary may require. Each application shall include an
explanation of how the activities funded by the grant will reflect diverse
perspectives and a wide range of views and generate debate on world regions and
international affairs. Each application shall also describe how the applicant
will address disputes regarding whether activities funded under the application
reflect diverse perspectives and a wide range of views. Each application shall
also include a description of how the applicant will encourage government
service in areas of national need, as identified by the Secretary, as well as
in needs in the education, business, and nonprofit
sectors.”.
Section 604 (20 U.S.C. 1124) is amended—
(1) in subsection (a)—
(A) in paragraph (2)—
(i) by redesignating subparagraphs (I) through (M) as subparagraphs (J) through (N), respectively; and
(B) in paragraph (7)—
(iii) by adding at the end the following:
“(E) a description of how the applicant will provide information to students regarding federally funded scholarship programs in related areas;
“(F) an explanation of how the activities funded by the grant will reflect diverse perspectives and a wide range of views and generate debate on world regions and international affairs, where applicable;
Section 605(a) (20 U.S.C. 1125(a)) is amended—
(3) by adding at the end the following:
“(10) evaluation of the extent to which programs assisted under this title reflect diverse perspectives and a wide range of views and generate debate on world regions and international affairs;
Section 606 (20 U.S.C. 1126) is amended—
(1) in subsection (a)—
(2) in subsection (b)—
(A) in paragraph (1), by striking “to facilitate access to” and inserting “to acquire, facilitate access to,”;
Section 607 (20 U.S.C. 1127) is amended—
Section 609 (20 U.S.C. 1128a) is amended by adding at the end the following:
Section 610 (20 U.S.C. 1128b) is amended by striking “$80,000,000 for fiscal year 1999” and all that follows through the period and inserting “such sums as may be necessary for fiscal year 2008 and each of the 5 succeeding fiscal years.”.
Section 612(f)(3) (20 U.S.C. 1130–1(f)(3)) is amended by inserting “, and that diverse perspectives will be made available to students in programs under this section” before the semicolon.
Section 613(c) (20 U.S.C. 1130a(c)) is amended by adding at the end the following: “Each such application shall include an assurance that, where applicable, the activities funded by the grant will reflect diverse perspectives and a wide range of views on world regions and international affairs.”.
Section 614 (20 U.S.C. 1130b) is amended—
Section 621 (20 U.S.C. 1131) is amended—
(1) in subsection (c), by adding at the end the following: “Each application shall include a description of how the activities funded by the grant will reflect diverse perspectives and a wide range of views on world regions and international affairs, where applicable.”; and
Section 622 (20 U.S.C. 1131–1) is amended—
(1) in subsection (a)—
(A) by striking “Tribally Controlled Colleges or Universities” and inserting “tribally controlled colleges or universities”; and
(B) by striking “international affairs programs.” and inserting “international affairs, international business, and foreign language study programs, including the teaching of foreign languages, at such colleges, universities, and institutions, respectively, which may include collaboration with institutions of higher education that receive funding under this title.”; and
Section 623(a) (20 U.S.C. 1131a(a)) is amended—
Section 624 (20 U.S.C. 1131b) is amended—
Section 625 (20 U.S.C. 1131c) is amended—
Part C of title VI (20 U.S.C. 1131 et seq.) is further amended—
(2) by inserting after section 625 the following:
“SEC. 626. Financial assistance.
“(a) Authority.—The Institute may provide financial assistance, in the form of summer stipends described in subsection (b) and Ralph Bunche scholarship assistance described in subsection (c), to needy students to facilitate the participation of the students in the Institute’s programs under this part.
“(b) Summer Stipends.—
“(1) REQUIREMENTS.—A student receiving a summer stipend under this section shall use such stipend to defray the student’s cost of participation in a summer institute program funded under this part, including the costs of travel, living, and educational expenses necessary for the student’s participation in such program.
Section 627 (as redesignated by section 617(1)) (20 U.S.C. 1131d) is amended by striking “annually” and inserting “biennially”.
Section 628 (as redesignated by section 617(1)) (20 U.S.C. 1131e) is amended by striking “annual report described in section 626” and inserting “biennial report described in section 627”.
Section 629 (as redesignated by section 617(1)) (20 U.S.C. 1131f) is amended by striking “$10,000,000 for fiscal year 1999” and all that follows through the period and inserting “such sums as may be necessary for fiscal year 2008 and each of the 5 succeeding fiscal years.”.
Section 631 (20 U.S.C. 1132) is amended—
(2) by redesignating paragraphs (2), (3), (4), (5), (6), (8), and (9), as paragraphs (7), (4), (8), (2), (10), (6), and (3), respectively;
(3) in paragraph (2), as redesignated by paragraph (2), by striking “comprehensive language and area center” and inserting “comprehensive foreign language and area or international studies center”;
(4) in paragraph (3), as redesignated by paragraph (2), by striking the period at the end and inserting a semicolon;
Part D of title VI (20 U.S.C. 1132) is amended by adding at the end the following:
“SEC. 632. Assessment; enforcement; rule of construction.
“(a) In General.—The Secretary is authorized to assess and ensure compliance with all the conditions and terms of grants provided under this title. If a complaint regarding activities funded under this title is not resolved under the process outlined in the relevant grantee’s application, such complaint shall be filed with the Department and reviewed by the Secretary. The Secretary shall take the review of such complaints into account when determining the renewal of grants.
“SEC. 633. Evaluation, outreach, and information.
“The Secretary may use not more than 1 percent of the funds made available under this title to carry out program evaluation, national outreach, and information dissemination activities relating to the programs authorized under this title.
“The Secretary shall, in consultation and collaboration with the Secretary of State, the Secretary of Defense, and the heads of other relevant Federal agencies, submit a biennial report that identifies areas of national need in foreign language, area, and international studies as such studies relate to government, education, business, and nonprofit needs, and a plan to address those needs. The report shall be provided to the authorizing committees and made available to the public.”.
Section 700(1)(B)(i) (20 U.S.C. 1133(1)(B)(i)) is amended by inserting “, including those areas critical to United States national and homeland security needs such as mathematics, science, and engineering” before the semicolon at the end.
Section 702(a)(1) (20 U.S.C. 1134a(a)(1)) is amended to read as follows:
“(1) APPOINTMENT.—
“(A) IN GENERAL.—The Secretary shall appoint a Jacob K. Javits Fellows Program Fellowship Board (referred to in this subpart as the ‘Board’) consisting of 9 individuals representative of both public and private institutions of higher education who are especially qualified to serve on the Board.
“(B) QUALIFICATIONS.—In making appointments under subparagraph (A), the Secretary shall—
“(i) give due consideration to the appointment of individuals who are highly respected in the academic community;
Section 703(a) (20 U.S.C. 1134b(a)) is amended by striking “graduate fellowships” and inserting “Graduate Research Fellowship Program”.
Section 705 (20 U.S.C. 1134d) is amended by striking “$30,000,000 for fiscal year 1999” and all that follows through the period and inserting “such sums as may be necessary for fiscal year 2008 and each of the 5 succeeding fiscal years to carry out this subpart.”.
Section 712(b) (20 U.S.C. 1135a(b)) is amended to read as follows:
“(b) Designation of Areas of National Need.—After consultation with appropriate Federal and nonprofit agencies and organizations, including the National Science Foundation, the Department of Defense, the Department of Homeland Security, the National Academy of Sciences, and the Bureau of Labor Statistics, the Secretary shall designate areas of national need. In making such designations, the Secretary shall take into consideration—
“(2) the extent to which other Federal programs support postbaccalaureate study in the area concerned;
Section 714 (20 U.S.C. 1135c) is amended—
Section 715(a)(1) (20 U.S.C. 1135d(a)(1)) is amended—
Section 716 (20 U.S.C. 1135e) is amended by striking “$35,000,000 for fiscal year 1999” and all that follows through the period and inserting “such sums as may be necessary for fiscal year 2008 and each of the 5 succeeding fiscal years to carry out this subpart.”.
Section 721 (20 U.S.C. 1136) is amended—
(2) in the matter preceding paragraph (1) of subsection (b), by inserting “secondary school student or” before “college student”;
(3) in subsection (c)—
(B) by striking paragraph (2) and inserting the following:
“(2) to prepare such students for successful completion of a baccalaureate degree and for study at accredited law schools, and to assist them with the development of analytical skills, writing skills, and study methods to enhance the students' success and promote the students' admission to and completion of law school;”;
(4) in subsection (d)—
(A) in the matter preceding paragraph (1), by inserting “pre-college programs, undergraduate” before “pre-law”;
(5) in subsection (e)(1), by inserting “, including before and during undergraduate study” before the semicolon;
(7) by striking subsection (g) and inserting
the following: “(g) Fellowships and stipends.—The Secretary shall annually establish the
maximum fellowship to be awarded, and stipend to be paid (including allowances
for participant travel and for the travel of the dependents of the
participant), to Thurgood Marshall Fellows or Associates for the period of
participation in summer institutes, midyear seminars, and bar preparation
seminars. A Fellow or Associate may be eligible for such a fellowship or
stipend only if the Thurgood Marshall Fellow or Associate maintains
satisfactory academic progress toward the Juris Doctor or Bachelor of Laws
degree, as determined by the respective institutions (except with respect to a
law school graduate enrolled in a bar preparation
course).”;
and
Section 741 (20 U.S.C. 1138) is amended—
(1) in subsection (a)—
(A) by striking paragraph (3) and inserting the following:
“(3) the establishment and continuation of institutions, programs, consortia, collaborations, and other joint efforts based on the technology of communications, including those efforts that utilize distance education and technological advancements to educate and train postsecondary students (including health professionals serving medically underserved populations);”;
(D) by adding at the end the following:
“(9) the introduction of reforms in remedial education, including English language instruction, to customize remedial courses to student goals and help students progress rapidly from remedial courses into core courses and through program completion; and
(2) by adding at the end the following: “(c) Project GRAD.— “(1) PURPOSES.—The purposes of this subsection are— “(2) DEFINITIONS.—In this subsection: “(3) GRANT AUTHORIZED.—The Secretary is authorized to award a
grant to Project GRAD USA (referred to in this subsection as the
‘grantee’), a nonprofit educational organization that has as its
primary purpose the improvement of secondary school graduation, college
attendance, and college completion rates for at-risk students, to implement and
sustain the integrated education reform program at existing Project GRAD sites,
and to promote the expansion of the Project GRAD program to new sites. “(4) REQUIREMENTS OF GRANT
AGREEMENT.—The Secretary shall
enter into an agreement with the grantee that requires that the grantee
shall— “(A) enter into subcontracts with nonprofit
educational organizations that serve a substantial number or percentage of
at-risk students (referred to in this subsection as
‘subcontractors’), under which the subcontractors agree to
implement the Project GRAD program and provide matching funds for such
programs; and “(B) directly carry out— “(i) activities to implement and sustain the
literacy, mathematics, classroom management, social service, and college access
components of the Project GRAD program; “(5) GRANTEE CONTRIBUTION AND MATCHING
REQUIREMENT.— “(A) IN GENERAL.—The grantee shall provide funds to each
subcontractor based on the number of students served by the subcontractor in
the Project GRAD program, adjusted to take into consideration— “(d) Center for best practices To support single
parent students.— “(1) PROGRAM AUTHORIZED.—The Secretary is authorized to award 1
grant or contract to an institution of higher education to enable such
institution to establish and maintain a center to study and develop best
practices for institutions of higher education to support single parents who
are also students attending such institutions. “(2) INSTITUTION REQUIREMENTS.—The Secretary shall award the grant or
contract under this subsection to a 4-year institution of higher education that
has demonstrated expertise in the development of programs to assist single
parents who are students at institutions of higher education, as shown by the
institution’s development of a variety of targeted services to such students,
including on-campus housing, child care, counseling, advising, internship
opportunities, financial aid, and financial aid counseling and
assistance. “(3) CENTER ACTIVITIES.—The center funded under this section
shall— “(A) assist institutions implementing innovative
programs that support single parents pursuing higher education; “(B) study and develop an evaluation protocol
for such programs that includes quantitative and qualitative
methodologies; “(e) Understanding the Federal regulatory impact
on higher education.— “(1) PURPOSE.—The purpose of this subsection is to help
institutions of higher education understand the regulatory impact of the
Federal Government on such institutions, in order to raise awareness of
institutional legal obligations and provide information to improve compliance
with, and to reduce the duplication and inefficiency of, Federal
regulations. “(2) PROGRAM AUTHORIZED.—The Secretary is authorized to award 1
grant or contract to an institution of higher education to enable the
institution to carry out the activities described in the agreement under
paragraph (4). “(3) INSTITUTION REQUIREMENTS.—The Secretary shall award the grant or
contract under this subsection to an institution of higher education that has
demonstrated expertise in— “(4) REQUIREMENTS OF AGREEMENT.—As a condition of receiving a grant or
contract under this subsection, the institution of higher education shall enter
into an agreement with the Secretary that shall require the institution
to— “(A) monitor Federal regulations, including
notices of proposed rulemaking, for their impact or potential impact on higher
education; “(f) Scholarship program for family members of
veterans or members of the military.— “(1) AUTHORIZATION.—The Secretary shall contract with a
nonprofit organization with demonstrated experience in carrying out the
activities described in this subsection to carry out a program to provide
postsecondary education scholarships for eligible students. “(2) ELIGIBLE STUDENTS.—In this subsection, the term ‘eligible
student’ means an individual who is— “(3) AWARDING OF SCHOLARSHIPS.—Scholarships awarded under this subsection
shall be awarded based on need with priority given to eligible students who are
eligible to receive Federal Pell Grants under subpart 1 of part A of title
IV. “(4) MAXIMUM SCHOLARSHIP AMOUNT.—The maximum scholarship amount awarded to
an eligible student under this subsection for an academic year shall be the
lesser of— “(5) AMOUNTS FOR
SCHOLARSHIPS.—All of the amounts appropriated to carry out this
subsection for a fiscal year shall be used for scholarships awarded under this
subsection, except that a nonprofit organization receiving a contract under
this subsection may use not more than 1 percent of such amounts for the
administrative costs of the
contract.”.
Section 744(c) (20 U.S.C. 1138c) is amended to read as follows:
“(c) Areas of National Need.—Areas of national need shall include, at a minimum, the following:
“(1) Institutional restructuring to improve learning and promote productivity, efficiency, quality improvement, and cost and price control.
“(2) Improvements in academic instruction and student learning, including efforts designed to assess the learning gains made by postsecondary students.
“(3) Articulation between 2- and 4-year institutions of higher education, including developing innovative methods for ensuring the successful transfer of students from 2- to 4-year institutions of higher education.
“(4) Development, evaluation and dissemination of model programs, including model core curricula that—
Section 745 (20 U.S.C. 1138d) is amended by striking “$30,000,000 for fiscal year 1999” and all that follows through the period and inserting “such sums as may be necessary for fiscal year 2008 and each of the 5 succeeding fiscal years.”.
Part C of title VII (20 U.S.C. 1139 et seq.) is repealed.
(a) Grants authorized for demonstration projects To ensure students with disabilities receive a quality higher education.—Section 762 (20 U.S.C. 1140a) is amended—
(1) in subsection (b)—
(A) in paragraph (2)—
(i) in subparagraph (A), by striking “to teach students with disabilities” and inserting “to teach and meet the academic and programmatic needs of students with disabilities in order to improve retention and completion of postsecondary education”;
(iv) in subparagraph (C), as redesignated by clause (ii), by striking the period at the end and inserting “, including data on the postsecondary education of and impact on subsequent employment of students with disabilities. Such research, information, and data shall be made publicly available and accessible.”;
(v) by inserting after subparagraph (C), as redesignated by clause (ii), the following:
“(D) DISTANCE LEARNING.—The development of innovative and effective teaching methods and strategies to provide faculty and administrators with the ability to provide accessible distance education programs or classes that would enhance access of students with disabilities to higher education, including the use of accessible curriculum and electronic communication for instruction and advisement.
(2) by adding at the end the following: “(d) Report.—Not later than 3 years after the date of
enactment of the Higher Education Amendments
of 2007, the Secretary shall prepare and disseminate a report
reviewing the activities of the demonstration projects authorized under this
subpart and providing guidance and recommendations on how successful projects
can be
replicated.”.
(b) Transition programs for students with intellectual disabilities into higher education; coordinating center.—Part D of title VII (20 U.S.C. 1140 et seq.) is further amended—
(3) by adding at the end the following:
“It is the purpose of this subpart to support model demonstration programs that promote the successful transition of students with intellectual disabilities into higher education.
“In this subpart:
“(1) COMPREHENSIVE TRANSITION AND POSTSECONDARY PROGRAM FOR STUDENTS WITH INTELLECTUAL DISABILITIES.—The term ‘comprehensive transition and postsecondary program for students with intellectual disabilities’ means a degree, certificate, or nondegree program offered by an institution of higher education that—
“(A) is designed for students with intellectual disabilities who seek to continue academic, vocational, or independent living instruction at the institution in order to prepare for gainful employment;
“(C) requires the enrollment of the student (through enrollment in credit-bearing courses, auditing or participating in courses, participating in internships, or enrollment in noncredit, nondegree courses) in the equivalent of not less than a half-time course of study, as determined by the institution.
“(2) STUDENT WITH AN INTELLECTUAL DISABILITY.—The term ‘student with an intellectual disability’ means a student whose mental retardation or other significant cognitive impairment substantially impacts the student's intellectual and cognitive functioning.
“SEC. 773. Model comprehensive transition and postsecondary programs for students with intellectual disabilities.
“(a) Grants authorized.—
“(1) IN GENERAL.—The Secretary shall annually award grants, on a competitive basis, to institutions of higher education (or consortia of institutions of higher education), to create or expand high-quality, inclusive model comprehensive transition and postsecondary programs for students with intellectual disabilities.
“(b) Application.—An institution of higher education (or a consortium) desiring a grant under this section shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require.
“(c) Preference.—In awarding grants under this section, the Secretary shall give preference to institutions of higher education (or consortia) that—
“(1) will carry out a model program under the grant in a State that does not already have a comprehensive transition and postsecondary program for students with intellectual disabilities; or
“(2) in the application submitted under subsection (b), agree to incorporate 1 or more the following elements into the model programs carried out under the grant:
“(A) The formation of a partnership with any relevant agency serving students with intellectual disabilities, such as a vocational rehabilitation agency.
“(d) Use of funds.—An institution of higher education (or consortium) receiving a grant under this section shall use the grant funds to establish a model comprehensive transition and postsecondary program for students with intellectual disabilities that—
“(1) serves students with intellectual disabilities, including students with intellectual disabilities who are no longer eligible for special education and related services under the Individuals with Disabilities Education Act;
“(2) provides individual supports and services for the academic and social inclusion of students with intellectual disabilities in academic courses, extracurricular activities, and other aspects of the institution of higher education's regular postsecondary program;
“(3) with respect to the students with intellectual disabilities participating in the model program, provides a focus on—
“(4) integrates person-centered planning in the development of the course of study for each student with an intellectual disability participating in the model program;
“(5) participates with the coordinating center established under section 774 in the evaluation of the model program;
“(6) partners with 1 or more local educational agencies to support students with intellectual disabilities participating in the model program who are still eligible for special education and related services under such Act, including regarding the utilization of funds available under part B of the Individuals with Disabilities Education Act for such students;
“(e) Matching requirement.—An institution of higher education that receives a grant under this section shall provide toward the cost of the model comprehensive transition and postsecondary program for students with intellectual disabilities carried out under the grant, matching funds, which may be provided in cash or in-kind, in an amount not less than 25 percent of the amount of such grant funds.
“(f) Report.—Not later than 3 years after the date of enactment of the Higher Education Amendments of 2007, the Secretary shall prepare and disseminate a report reviewing the activities of the model comprehensive transition and postsecondary programs for students with intellectual disabilities authorized under this subpart and providing guidance and recommendations on how successful programs can be replicated.
“(g) Authorization of appropriations.—There are authorized to be appropriated to carry out this section such sums as may be necessary.
“SEC. 774. Coordinating center for technical assistance, evaluation, and development of accreditation standards.
“(a) In general.—
“(1) AWARD.—The Secretary shall, on a competitive basis, enter into a cooperative agreement with an eligible entity, for the purpose of establishing a coordinating center for technical assistance, evaluation, and development of accreditation standards for institutions of higher education that offer inclusive model comprehensive transition and postsecondary programs for students with intellectual disabilities.
“(b) Requirements of cooperative agreement.—The eligible entity entering into a cooperative agreement under this section shall establish and maintain a center that shall—
“(1) serve as the technical assistance entity for all model comprehensive transition and postsecondary programs for students with intellectual disabilities assisted under section 773;
“(2) provide technical assistance regarding the development, evaluation, and continuous improvement of such programs;
“(3) develop an evaluation protocol for such programs that includes qualitative and quantitative methodology measuring student outcomes and program strengths in the areas of academic enrichment, socialization, independent living, and competitive or supported employment;
“(4) assist recipients of grants under section 773 in efforts to award a meaningful credential to students with intellectual disabilities upon the completion of such programs, which credential takes into consideration unique State factors;
“(5) develop model criteria, standards, and procedures to be used in accrediting such programs that—
“(A) include, in the development of the model criteria, standards, and procedures for such programs, the participation of—
“(6) analyze possible funding streams for such programs and provide recommendations regarding the funding streams;
“(7) develop model memoranda of agreement between institutions of higher education and agencies providing funding for such programs;
“(c) Definition of eligible entity.—In this section, the term ‘eligible entity’ means an entity, or a partnership of entities, that has demonstrated expertise in the fields of higher education, students with intellectual disabilities, the development of comprehensive transition and postsecondary programs for students with intellectual disabilities, and evaluation.
Section 763 (as amended in section 714(c)(3)) (20 U.S.C. 1140b) is further amended—
Section 765 (20 U.S.C. 1140d) is amended by striking “$10,000,000 for fiscal year 1999” and all that follows through the period and inserting “such sums as may be necessary for fiscal year 2008 and each of the 5 succeeding fiscal years.”.
Title VII (20 U.S.C. 1133 et seq.) is further amended by adding at the end the following:
“(a) Grants authorized.—The Secretary is authorized to award grants, on a competitive basis, to eligible entities to enable the eligible entities to develop or improve valid and reliable measures of student achievement for use by institutions of higher education to measure and evaluate learning in higher education.
“(b) Definitions.—In this section:
“(c) Application.—
“(1) IN GENERAL.—Each eligible entity that desires a grant under this part shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may require.
“(2) CONTENTS.—Each application submitted under subsection (a) shall include a description of how the eligible entity—
“(A) will work with relevant experts, including psychometricians, research experts, institutions, associations, and other qualified individuals as determined appropriate by the eligible entity;
“(D) has participated in work in developing or improving assessments to measure student achievement;
“(d) Award basis.—In awarding grants under this section, the Secretary shall take into consideration—
“(e) Use of Funds.—Each eligible entity receiving a grant under this section may use the grant funds—
“(1) to enable the eligible entity to improve the quality, validity, and reliability of existing assessments used by institutions of higher education;
“(f) Matching requirement.—An eligible entity described in subparagraph (A), (B), or (C) of subsection (b)(1) that receives a grant under this section shall provide for each fiscal year, from non-Federal sources, an amount (which may be provided in cash or in kind), to carry out the activities supported by the grant, equal to 50 percent of the amount received for the fiscal year under the grant.
“(g) Supplement, not supplant.—Grant funds provided under this section shall be used to supplement, not supplant, other Federal or State funds.
“(h) Report.—
“(1) REPORT.—The Secretary shall provide an annual report to Congress on the implementation of the grant program assisted under this section.
The Act (20 U.S.C. 1001 et seq.) is amended by adding at the end the following:
“SEC. 811. Mathematics and science scholars program.
“(a) Program Authorized.—The Secretary is authorized to award grants to States, on a competitive basis, to enable the States to award eligible students, who complete a rigorous secondary school curriculum in mathematics and science, scholarships for undergraduate study.
“(b) Eligible Students.—A student is eligible for a scholarship under this section if the student is a full-time undergraduate student in the student’s first and second year of study who has completed a rigorous secondary school curriculum in mathematics and science.
“(c) Rigorous Curriculum.—Each participating State shall determine the requirements for a rigorous secondary school curriculum in mathematics and science described in subsection (b).
“(d) Priority for Scholarships.—The Governor of a State may set a priority for awarding scholarships under this section for particular eligible students, such as students attending schools in high-need areas, students who are from groups underrepresented in the fields of mathematics, science, and engineering, students served by local educational agencies that do not meet or exceed State standards in mathematics and science, or students with regional or geographic needs as determined appropriate by the Governor.
“(f) Matching Requirement.—In order to receive a grant under this section, a State shall provide matching funds for the scholarships awarded under this section in an amount equal to 50 percent of the Federal funds received.
“(g) Authorization.—There are authorized to be appropriated to carry out this section such sums as may be necessary for fiscal year 2008 and each of the 5 succeeding fiscal years.
“SEC. 816. Postsecondary education assessment.
“(a) Contract for Assessment.—The Secretary shall enter into a contract, with an independent, bipartisan organization with specific expertise in public administration and financial management, to carry out an independent assessment of the cost factors associated with the cost of tuition at institutions of higher education.
“(b) Timeframe.—The Secretary shall enter into the contract described in subsection (a) not later than 90 days after the date of enactment of the Higher Education Amendments of 2007.
“(c) Matters Assessed.—The assessment described in subsection (a) shall—
“(1) examine the key elements driving the cost factors associated with the cost of tuition at institutions of higher education during the 2001–2002 academic year and succeeding academic years;
“SEC. 821. Job skill training in high-growth occupations or industries.
“(a) Grants Authorized.—The Secretary is authorized to award grants, on a competitive basis, to eligible partnerships to enable the eligible partnerships to provide relevant job skill training in high-growth industries or occupations.
“(b) Definitions.—In this section:
“(1) ELIGIBLE PARTNERSHIP.—The term ‘eligible partnership’ means a partnership—
“(c) Application.—
“(1) IN GENERAL.—Each eligible partnership that desires a grant under this section shall submit an application to the Secretary at such time, in such manner, and accompanied by such additional information as the Secretary may require.
“(d) Award Basis.—In awarding grants under this section, the Secretary shall—
“(1) ensure an equitable distribution of grant funds under this section among urban and rural areas of the United States; and
“(2) take into consideration the capability of the institution of higher education—
“(A) to offer relevant, high quality instruction and job skill training for students entering a high-growth occupation or industry;
“(e) Use of Funds.—Grant funds provided under this section may be used—
“(1) to expand or create academic programs or programs of training that provide relevant job skill training for high-growth occupations or industries;
“(2) to purchase equipment which will facilitate the development of academic programs or programs of training that provide training for high-growth occupations or industries;
“(3) to support outreach efforts that enable students to attend institutions of higher education with academic programs or programs of training focused on high-growth occupations or industries;
“(f) Requirements.—
“(1) FISCAL AGENT.—For the purpose of this section, the institution of higher education in an eligible partnership shall serve as the fiscal agent and grant recipient for the eligible partnership.
“(g) Authorization of Appropriations.—There are authorized to be appropriated to carry out this part such sums as may be necessary for fiscal year 2008 and each of the 5 succeeding fiscal years.
“SEC. 826. Additional capacity for R.N. students or graduate-level nursing students.
“(a) Authorization.—The Secretary shall award grants to institutions of higher education that offer—
“(b) Determination of number of students and application.—Each institution of higher education that offers a program described in subsection (a) that desires to receive a grant under this section shall—
“(c) Grant amount; award basis.—
“(1) GRANT AMOUNT.—For each academic year after academic year 2006–2007, the Secretary shall provide to each institution of higher education awarded a grant under this section an amount that is equal to $3,000 multiplied by the number of matriculated nursing program students at such institution for such academic year that is more than the average number determined with respect to such institution under subsection (b)(1). Such amount shall be used for the purposes described in subsection (a).
“(2) DISTRIBUTION OF GRANTS AMONG DIFFERENT DEGREE PROGRAMS.—
“(A) IN GENERAL.—Subject to subparagraph (B), from the funds available to award grants under this section for each fiscal year, the Secretary shall—
“(i) use 20 percent of such funds to award grants under this section to institutions of higher education for the purpose of accommodating advanced practice degrees or students in graduate-level nursing programs;
“(B) DISTRIBUTION OF EXCESS FUNDS.—If, for a fiscal year, funds described in clause (i), (ii), or (iii) of subparagraph (A) remain after the Secretary awards grants under this section to all applicants for the particular category of nursing programs described in such clause, the Secretary shall use equal amounts of the remaining funds to award grants under this section to applicants for the remaining categories of nursing programs.
“(d) Prohibition.—
“(e) Authorization of appropriations.—There are authorized to be appropriated to carry out this section such sums as may be necessary.
“SEC. 831. American history for freedom.
“(a) Grants Authorized.—The Secretary is authorized to award 3-year grants, on a competitive basis, to eligible institutions to establish or strengthen postsecondary academic programs or centers that promote and impart knowledge of—
“(b) Definitions.—In this section:
“(1) ELIGIBLE INSTITUTION.—The term ‘eligible institution’ means an institution of higher education as defined in section 101.
“(2) FREE INSTITUTION.—The term ‘free institution’ means an institution that emerged out of Western civilization, such as democracy, constitutional government, individual rights, market economics, religious freedom and religious tolerance, and freedom of thought and inquiry.
“(c) Application.—
“(1) IN GENERAL.—Each eligible institution that desires a grant under this part shall submit an application to the Secretary at such time, in such manner, and accompanied by such additional information as the Secretary may require.
“(2) CONTENTS.—Each application submitted under subsection (a) shall include a description of —
“(A) how funds made available under this part will be used for the activities set forth under subsection (e), including how such activities will increase knowledge with respect to traditional American history, free institutions, or Western civilization;
“(B) how the eligible institution will ensure that information about the activities funded under this part is widely disseminated pursuant to subsection (e)(1)(B);
“(C) any activities to be undertaken pursuant to subsection (e)(2)(A), including identification of entities intended to participate;
“(d) Award Basis.—In awarding grants under this part, the Secretary shall take into consideration the capability of the eligible institution to—
“(1) increase access to quality programming that expands knowledge of traditional American history, free institutions, or Western civilization;
“(e) Use of Funds.—
“(1) REQUIRED USE OF FUNDS.—Funds provided under this part shall be used to—
“(A) establish or strengthen academic programs or centers focused on traditional American history, free institutions, or Western civilization, which may include—
“(B) conduct outreach activities to ensure that information about the activities funded under this part is widely disseminated—
“(i) to undergraduate students (including students enrolled in teacher education programs, if applicable);
“(2) ALLOWABLE USES OF FUNDS.—Funds provided under this part may be used to support—
“(f) Authorization of Appropriations.—For the purpose of carrying out this part, there are authorized to be appropriated such sums as may be necessary for fiscal year 2008 and each of the 5 succeeding fiscal years.
“(a) Definitions.—
“(b) Grants Authorized.—The Secretary is authorized to award a grant to Teach For America, Inc., the national teacher corps of outstanding recent college graduates who commit to teach for 2 years in underserved communities in the United States, to implement and expand its program of recruiting, selecting, training, and supporting new teachers.
“(c) Requirements.—In carrying out the grant program under subsection (b), the Secretary shall enter into an agreement with the grantee under which the grantee agrees to use the grant funds provided under this section—
“(d) Authorized Activities.—
“(1) IN GENERAL.—Grant funds provided under this section shall be used by the grantee to carry out each of the following activities:
“(B) Providing preservice training to the teachers through a rigorous summer institute that includes hands-on teaching experience and significant exposure to education coursework and theory.
“(e) Reports and Evaluations.—
“(1) ANNUAL REPORT.—The grantee shall provide to the Secretary an annual report that includes—
“(A) data on the number and quality of the teachers provided to local educational agencies through a grant under this section;
“(2) STUDY.—
“(f) Authorization of Appropriations.—
“SEC. 841. Patsy T. Mink Fellowship program.
“(a) Purpose.—
“(1) IN GENERAL.—It is the purpose of this section to provide, through eligible institutions, a program of fellowship awards to assist highly qualified minorities and women to acquire the doctoral degree, or highest possible degree available, in academic areas in which such individuals are underrepresented for the purpose of enabling such individuals to enter the higher education professoriate.
“(b) Definitions.—In this section, the term ‘eligible institution’ means an institution of higher education, or a consortium of such institutions, that offers a program of postbaccalaureate study leading to a graduate degree.
“(c) Program Authorized.—
“(1) GRANTS BY SECRETARY.—
“(A) IN GENERAL.—The Secretary shall award grants to eligible institutions to enable such institutions to make fellowship awards to individuals in accordance with the provisions of this section.
“(B) PRIORITY CONSIDERATION.—In awarding grants under this section, the Secretary shall consider the eligible institution’s prior experience in producing doctoral degree, or highest possible degree available, holders who are minorities and women, and shall give priority consideration in making grants under this section to those eligible institutions with a demonstrated record of producing minorities and women who have earned such degrees.
“(2) APPLICATIONS.—
“(A) IN GENERAL.—An eligible institution that desires a grant under this section shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require.
“(B) APPLICATIONS MADE ON BEHALF.—
“(i) IN GENERAL.—The following entities may submit an application on behalf of an eligible institution:
“(II) A graduate school or department of such institution in collaboration with an undergraduate college or university of such institution.
“(3) SELECTION OF APPLICATIONS.—In awarding grants under subsection (a), the Secretary shall—
“(4) DISTRIBUTION AND AMOUNTS OF GRANTS.—
“(A) EQUITABLE DISTRIBUTION.—In awarding grants under this section, the Secretary shall, to the maximum extent feasible, ensure an equitable geographic distribution of awards and an equitable distribution among public and independent eligible institutions that apply for grants under this section and that demonstrate an ability to achieve the purpose of this section.
“(B) SPECIAL RULE.—To the maximum extent practicable, the Secretary shall use not less than 30 percent of the amount appropriated pursuant to subsection (f) to award grants to eligible institutions that—
“(C) ALLOCATION.—In awarding grants under this section, the Secretary shall allocate appropriate funds to those eligible institutions whose applications indicate an ability to significantly increase the numbers of minorities and women entering the higher education professoriate and that commit institutional resources to the attainment of the purpose of this section.
“(D) NUMBER OF FELLOWSHIP AWARDS.—An eligible institution that receives a grant under this section shall make not less than 15 fellowship awards.
“(E) REALLOTMENT.—If the Secretary determines that an eligible institution awarded a grant under this section is unable to use all of the grant funds awarded to the institution, the Secretary shall reallot, on such date during each fiscal year as the Secretary may fix, the unused funds to other eligible institutions that demonstrate that such institutions can use any reallocated grant funds to make fellowship awards to individuals under this section.
“(5) INSTITUTIONAL ALLOWANCE.—
“(A) IN GENERAL.—
“(B) USE OF FUNDS.—Institutional allowances may be expended in the discretion of the eligible institution and may be used to provide, except as prohibited under paragraph (4), academic support and career transition services for individuals awarded fellowships by such institution.
“(d) Fellowship Recipients.—
“(1) AUTHORIZATION.—An eligible institution that receives a grant under this section shall use the grant funds to make fellowship awards to minorities and women who are enrolled at such institution in a doctoral degree, or highest possible degree available, program and—
“(A) intend to pursue a career in instruction at—
“(B) sign an agreement with the Secretary agreeing—
“(2) FAILURE TO COMPLY.—If an individual who receives a fellowship award under this section fails to comply with the agreement signed pursuant to subsection (a)(2), then the Secretary shall do 1 or both of the following:
“(3) WAIVER AND MODIFICATION.—
“(A) REGULATIONS.—The Secretary shall promulgate regulations setting forth criteria to be considered in granting a waiver for the service requirement under subsection (a)(2).
“(4) AMOUNT OF FELLOWSHIP AWARDS.—Fellowship awards under this section shall consist of a stipend in an amount equal to the level of support provided to the National Science Foundation graduate fellows, except that such stipend shall be adjusted as necessary so as not to exceed the fellow’s tuition and fees or demonstrated need (as determined by the institution of higher education where the graduate student is enrolled), whichever is greater.
“(5) ACADEMIC PROGRESS REQUIRED.—An individual student shall not be eligible to receive a fellowship award—
“(e) Rule of Construction.—Nothing in this section shall be construed to require an eligible institution that receives a grant under this section—
“(f) Authorization of Appropriations.—There is authorized to be appropriated to carry out this section such sums as may be necessary for fiscal year 2008 for each of the 5 succeeding fiscal years.
“SEC. 846. Improving college enrollment by secondary schools.
“(a) In general.—The Secretary shall contract with 1 nonprofit organization described in subsection (b) to enable the nonprofit organization—
“(1) to make publicly available the year-to-year higher education enrollment rate trends of secondary school students, disaggregated by secondary school, in full compliance with the Family Education Rights and Privacy Act of 1974;
“(2) to identify not less than 50 urban local educational agencies and 5 States with significant rural populations, each serving a significant population of low-income students, and to carry out a comprehensive needs assessment in the agencies and States of the factors known to contribute to improved higher education enrollment rates, which factors shall include—
“(C) the professional development used by the local educational agency and the State to assist teachers, higher education counselors, and administrators in supporting the transition of secondary students into higher education;
“(D) secondary school student attendance and other factors demonstrated to be associated with enrollment into higher education;
“(3) to provide comprehensive services to improve the school-wide higher education enrollment rates of each of not less than 10 local educational agencies and States, with the federally funded portion of each project declining by not less than 20 percent each year beginning in the second year of the comprehensive services, that—
“(b) Grant recipient criteria.—The recipient of the grant awarded under subsection (a) shall be a nonprofit organization with demonstrated expertise—
“(c) Authorization of appropriations.—There are authorized to be appropriated to carry out this section such sums as are necessary for fiscal year 2008 and each of the 5 succeeding fiscal years.
“SEC. 850. Predominantly Black Institutions.
“(a) Purpose.—It is the purpose of this section to assist Predominantly Black Institutions in expanding educational opportunity through a program of Federal assistance.
“(b) Definitions.—In this section:
“(1) EDUCATIONAL AND GENERAL EXPENDITURES.—The term ‘educational and general expenditures’ has the meaning given the term in section 312.
“(2) ELIGIBLE INSTITUTION.—The term ‘eligible institution’ means an institution of higher education that—
“(B) has an average educational and general expenditure which is low, per full-time equivalent undergraduate student in comparison with the average educational and general expenditure per full-time equivalent undergraduate student of institutions that offer similar instruction, except that the Secretary may apply the waiver requirements described in section 392(b) to this subparagraph in the same manner as the Secretary applies the waiver requirements to section 312(b)(1)(B);
“(C) has an enrollment of undergraduate students that is not less than 40 percent Black American students;
“(4) ENROLLMENT OF NEEDY STUDENTS.—The term ‘enrollment of needy students’ means the enrollment at an eligible institution with respect to which not less than 50 percent of the undergraduate students enrolled in an academic program leading to a degree—
“(A) in the second fiscal year preceding the fiscal year for which the determination is made, were Federal Pell Grant recipients for such year;
“(C) attended a public or nonprofit private secondary school—
“(i) that is in the school district of a local educational agency that was eligible for assistance under part A of title I of the Elementary and Secondary Education Act of 1965 for any year during which the student attended such secondary school; and
“(ii) which for the purpose of this paragraph and for that year was determined by the Secretary (pursuant to regulations and after consultation with the State educational agency of the State in which the school is located) to be a school in which the enrollment of children counted under section 1113(a)(5) of such Act exceeds 30 percent of the total enrollment of such school; or
“(5) FIRST GENERATION COLLEGE STUDENT.—The term ‘first generation college student’ has the meaning given the term in section 402A(g).
“(6) LOW-INCOME INDIVIDUAL.—The term ‘low-income individual’ has the meaning given such term in section 402A(g).
“(7) MEANS-TESTED FEDERAL BENEFIT PROGRAM.—The term ‘means-tested Federal benefit program’ means a program of the Federal Government, other than a program under title IV, in which eligibility for the program’s benefits, or the amount of such benefits, are determined on the basis of income or resources of the individual or family seeking the benefit.
“(8) PREDOMINANTLY BLACK INSTITUTION.—The term ‘Predominantly Black Institution’ means an institution of higher education, as defined in section 101(a)—
“(c) Grant authority.—
“(1) IN GENERAL.—The Secretary is authorized to award grants, from allotments under subsection (e), to Predominantly Black Institutions to enable the Predominantly Black Institutions to carry out the authorized activities described in subsection (d).
“(2) PRIORITY.—In awarding grants under this section the Secretary shall give priority to Predominantly Black Institutions with large numbers or percentages of students described in subsections (b)(2)(A) or (b)(2)(C). The level of priority given to Predominantly Black Institutions with large numbers or percentages of students described in subsection (b)(2)(A) shall be twice the level of priority given to Predominantly Black Institutions with large numbers or percentages of students described in subsection (b)(2)(C).
“(d) Authorized Activities.—
“(1) REQUIRED ACTIVITIES.—Grant funds provided under this section shall be used—
“(A) to assist the Predominantly Black Institution to plan, develop, undertake, and implement programs to enhance the institution’s capacity to serve more low- and middle-income Black American students;
“(B) to expand higher education opportunities for students eligible to participate in programs under title IV by encouraging college preparation and student persistence in secondary school and postsecondary education; and
“(C) to strengthen the financial ability of the Predominantly Black Institution to serve the academic needs of the students described in subparagraphs (A) and (B).
“(2) ADDITIONAL ACTIVITIES.—Grant funds provided under this section shall be used for 1 or more of the following activities:
“(C) Establishing or enhancing a program of teacher education designed to qualify students to teach in a public elementary school or secondary school in the State that shall include, as part of such program, preparation for teacher certification or licensure.
“(3) ENDOWMENT FUND.—
“(A) IN GENERAL.—A Predominantly Black Institution may use not more than 20 percent of the grant funds provided under this section to establish or increase an endowment fund at the institution.
“(B) MATCHING REQUIREMENT.—In order to be eligible to use grant funds in accordance with subparagraph (A), a Predominantly Black Institution shall provide matching funds from non-Federal sources, in an amount equal to or greater than the Federal funds used in accordance with subparagraph (A), for the establishment or increase of the endowment fund.
“(C) COMPARABILITY.—The provisions of part C of title III, regarding the establishment or increase of an endowment fund, that the Secretary determines are not inconsistent with this subsection, shall apply to funds used under subparagraph (A).
“(e) Allotments to Predominantly Black Institutions.—
“(1) FEDERAL PELL GRANT BASIS.—From the amounts appropriated to carry out this section for any fiscal year, the Secretary shall allot to each Predominantly Black Institution having an application approved under subsection (f) a sum that bears the same ratio to one-half of that amount as the number of Federal Pell Grant recipients in attendance at such institution at the end of the academic year preceding the beginning of that fiscal year, bears to the total number of Federal Pell Grant recipients at all such institutions at the end of such academic year.
“(2) GRADUATES BASIS.—From the amounts appropriated to carry out this section for any fiscal year, the Secretary shall allot to each Predominantly Black Institution having an application approved under subsection (f) a sum that bears the same ratio to one-fourth of that amount as the number of graduates for such academic year at such institution, bears to the total number of graduates for such academic year at all such institutions.
“(3) GRADUATES SEEKING A HIGHER DEGREE BASIS.—From the amounts appropriated to carry out this section for any fiscal year, the Secretary shall allot to each Predominantly Black Institution having an application approved under subsection (f) a sum that bears the same ratio to one-fourth of that amount as the percentage of graduates from such institution who are admitted to and in attendance at, not later than 2 years after graduation with an associate's degree or a baccalaureate degree, a baccalaureate degree-granting institution or a graduate or professional school in a degree program in disciplines in which Black American students are underrepresented, bears to the percentage of such graduates for all such institutions.
“(4) MINIMUM ALLOTMENT.—
“(A) IN GENERAL.—Notwithstanding paragraphs (1), (2), and (3), the amount allotted to each Predominantly Black Institution under this section shall not be less than $250,000.
“(B) INSUFFICIENT AMOUNT.—If the amount appropriated pursuant to subsection (i) for a fiscal year is not sufficient to pay the minimum allotment provided under subparagraph (A) for the fiscal year, then the amount of such minimum allotment shall be ratably reduced. If additional sums become available for such fiscal year, such reduced allotment shall be increased on the same basis as the allotment was reduced until the amount allotted equals the minimum allotment required under subparagraph (A).
“(5) REALLOTMENT.—The amount of a Predominantly Black Institution’s allotment under paragraph (1), (2), (3), or (4) for any fiscal year that the Secretary determines will not be required for such institution for the period such allotment is available, shall be available for reallotment to other Predominantly Black Institutions in proportion to the original allotment to such other institutions under this section for such fiscal year. The Secretary shall reallot such amounts from time to time, on such date and during such period as the Secretary determines appropriate.
“(f) Applications.—Each Predominantly Black Institution desiring a grant under this section shall submit an application to the Secretary at such time, in such manner, and containing or accompanied by such information as the Secretary may reasonably require.
“(g) Prohibition.—No Predominantly Black Institution that applies for and receives a grant under this section may apply for or receive funds under any other program under part A or part B of title III.
“(h) Duration and carryover.—Any grant funds paid to a Predominantly Black Institution under this section that are not expended or used for the purposes for which the funds were paid within 10 years following the date on which the grant was awarded, shall be repaid to the Treasury.
“(i) Authorization of appropriations.—There are authorized to be appropriated to carry out this section such sums as may be necessary for fiscal year 2008 and each of 5 succeeding fiscal years.
“This part may be cited as the “Early Childhood Education Professional Development and Career Task Force Act”.
“It is the purpose of this part—
“(1) to improve the quality of the early childhood education workforce by creating a statewide early childhood education professional development and career task force for early childhood education program staff, directors, and administrators; and
“(2) to create—
“(A) a coherent system of core competencies, pathways to qualifications, credentials, degrees, quality assurances, access, and outreach, for early childhood education program staff, directors, and administrators, that is linked to compensation commensurate with experience and qualifications;
“SEC. 853. Definition of early childhood education program.
“In this part, the term ‘early childhood education program’ means—
“(1) a family child care program, center-based child care program, State prekindergarten program, or school-based program, that—
“(a) In general.—The Secretary is authorized to award grants to States in accordance with the provisions of this part to enable such States—
“(c) Equitable geographic distribution.—In awarding grants under this part, the Secretary shall take into consideration providing an equitable geographic distribution of such grants.
“SEC. 855. State task force establishment.
“(a) State Task Force established.—The Governor of a State receiving a grant under this part shall establish, or designate an existing entity to serve as, the State Early Childhood Education Professional Development and Career Task Force (hereafter in this part referred to as the ‘State Task Force’).
“(b) Membership.—The State Task Force shall include a representative of a State agency, an institution of higher education (including an associate or a baccalaureate degree granting institution of higher education), an early childhood education program, a nonprofit early childhood organization, a statewide early childhood workforce scholarship or supplemental initiative, and any other entity or individual the Governor determines appropriate.
“SEC. 856. State task force activities.
“(a) Activities.—The State Task Force shall—
“(1) coordinate and communicate regularly with the State Advisory Council on Early Care and Education (hereafter in this part referred to as ‘State Advisory Council’) or a similar State entity charged with creating a comprehensive system of early care and education in the State, for the purposes of—
“(2) conduct a review of opportunities for and barriers to high quality professional development, training, and higher education degree programs, in early childhood development and learning, including a periodic statewide survey concerning the demographics of individuals working in early childhood education programs in the State, which survey shall include information disaggregated by—
“(3) develop a plan for a comprehensive statewide professional development and career system for individuals working in early childhood education programs or for early childhood education providers, which plan shall include—
“(A) methods of providing outreach to early childhood education program staff, directors, and administrators, including methods for how outreach is provided to non-English speaking providers, in order to enable the providers to be aware of opportunities and resources under the statewide plan;
“(B) developing a unified data collection and dissemination system for early childhood education training, professional development, and higher education programs;
“(C) increasing the participation of early childhood educators in high quality training and professional development by assisting in paying the costs of enrollment in and completion of such training and professional development courses;
“(D) increasing the participation of early childhood educators in postsecondary education programs leading to degrees in early childhood education by providing assistance to pay the costs of enrollment in and completion of such postsecondary education programs, which assistance—
“(E) supporting professional development activities and a career lattice for a variety of early childhood professional roles with varying professional qualifications and responsibilities for early childhood education personnel, including strategies to enhance the compensation of such personnel;
“(F) supporting articulation agreements between 2- and 4-year public and private institutions of higher education and mechanisms to transform other training, professional development, and experience into academic credit;
“(G) developing mentoring and coaching programs to support new educators in and directors of early childhood education programs;
“(H) providing career development advising with respect to the field of early childhood education, including informing an individual regarding—
“(I) enhancing the quality of faculty and coursework in postsecondary programs that lead to an associate, baccalaureate, or graduate degree in early childhood education;
“(J) consideration of the availability of on-line graduate level professional development offered by institutions of higher education with experience and demonstrated expertise in establishing programs in child development, in order to improve the skills and expertise of individuals working in early childhood education programs; and
“(b) Public hearings.—The State Task Force shall hold public hearings and provide an opportunity for public comment on the activities described in the statewide plan described in subsection (a)(3).
“(c) Periodic review.—The State Task Force shall meet periodically to review implementation of the statewide plan and to recommend any changes to the statewide plan the State Task Force determines necessary.
“SEC. 857. State application and report.
“(a) In general.—Each State desiring a grant under this part shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may reasonably require. Each such application shall include a description of—
“(3) other Federal, State, local, and private resources that will be available to support the activities of the State Task Force described in section 856;
“(b) Report to the secretary.—Not later than 2 years after receiving a grant under this part, a State shall submit a report to the Secretary that shall describe—
“(1) other Federal, State, local, and private resources that will be used in combination with a grant under this section to develop or expand the State’s early childhood education professional development and career activities;
“(a) State evaluation.—Each State receiving a grant under this part shall—
“(1) evaluate the activities that are assisted under this part in order to determine—
“(C) the impact of the activities on licensing or regulating requirements for individuals in the field of early childhood development;
“(D) the impact of the activities, and the impact of the statewide plan described in section 856(a)(3), on the quality of education, professional development, and training related to early childhood education programs that are offered in the State;
“(b) Secretary’s evaluation.—Not later than September 30, 2013, the Secretary, in consultation with the Secretary of Health and Human Services, shall prepare and submit to the authorizing committees an evaluation of the State reports submitted under subsection (a)(2).
“SEC. 859. Authorization of appropriations.
“There are authorized to be appropriated to carry out this part such sums as may be necessary for fiscal year 2008 and each of the 5 succeeding fiscal years.
“SEC. 861. Improving science, technology, engineering, and mathematics education with a focus on Alaska Native and Native Hawaiian students.
“(a) Purpose.—The purpose of this section is—
“(b) Definitions.—In this section:
“(1) ALASKA NATIVE.—The term ‘Alaska Native’ has the meaning given the term ‘Native’ in section 3(b) of the Alaska Natives Claims Settlement Act (43 U.S.C. 1602(b)).
“(2) INSTITUTION OF HIGHER EDUCATION.—The term ‘institution of higher education’ has the meaning given the term in section 101(a).
“(3) ELIGIBLE PARTNERSHIP.—The term ‘eligible partnership’ means a partnership that includes—
“(D) 1 or more private entities that—
“(ii) encourage students to pursue education in science, technology, engineering, and mathematics from elementary school through college, and careers in those fields, with the assistance of local technology professionals;
“(c) Grant authorized.—The Secretary is authorized to award a grant to an eligible partnership to enable the eligible partnership to expand programs for the development of science, technology, engineering, or mathematics professionals, from elementary school through college, including existing programs for Alaska Native and Native Hawaiian students.
“(d) Uses of funds.—Grant funds under this section shall be used for 1 or more of the following:
“(1) Development or implementation of cultural, social, or educational transition programs to assist students to transition into college life and academics in order to increase such students' retention rates in the fields of science, technology, engineering, or mathematics, with a focus on Alaska Native or Native Hawaiian students.
“(2) Development or implementation of academic support or supplemental educational programs to increase the graduation rates of students in the fields of science, technology, engineering, or mathematics, with a focus on Alaska Native and Native Hawaiian students.
“(3) Development or implementation of internship programs, carried out in coordination with educational institutions and private entities, to prepare students for careers in the fields of science, technology, engineering, or mathematics, with a focus on programs that serve Alaska Native or Native Hawaiian students.
“(e) Application.—Each eligible partnership that desires a grant under this section shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require.
“(f) Priority.—In awarding grants under this section, the Secretary shall give priority to an eligible partnership that provides 1 or more programs in which 30 percent or more of the program participants are Alaska Native or Native Hawaiian.
“(h) Evaluation and report.—Each eligible partnership that receives a grant under this section shall conduct an evaluation to determine the effectiveness of the programs funded under the grant and shall provide a report regarding the evaluation to the Secretary not later than 6 months after the end of the grant period.
“(i) Authorization of appropriations.—There are authorized to be appropriated to carry out this section such sums as may be necessary for fiscal year 2008 and each of the 5 succeeding fiscal years.
“SEC. 865. Pilot program to increase persistence in community colleges.
“(a) Definitions.—In this section:
“(1) INSTITUTION OF HIGHER EDUCATION.—Except as otherwise provided in this section, the term ‘institution of higher education’ means an institution of higher education, as defined in section 101, that provides a 1- or 2-year program of study leading to a degree or certificate.
“(b) Program authorized.—The Secretary is authorized to award grants, on a competitive basis, to institutions of higher education to enable the institutions of higher education to provide additional monetary and nonmonetary support to eligible students to enable the eligible students to maintain enrollment and complete degree or certificate programs.
“(c) Uses of funds.—
“(1) REQUIRED USES.—Each institution of higher education receiving a grant under this section shall use the grant funds—
“(2) ALLOWABLE USES OF FUNDS.—Grant funds provided under this section may be used—
“(A) to conduct outreach to make students aware of the scholarships and counseling services available under this section and to encourage the students to participate in the program assisted under this section;
“(d) Scholarship requirements.—
“(1) IN GENERAL.—Each scholarship awarded under this section shall—
“(B) be awarded in the amount of $1,000 for each of 2 semesters (prorated for quarters), or $2,000 for an academic year;
“(e) Counseling services.—
“(f) Application.—An 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, including—
“(h) Evaluation.—
“(1) IN GENERAL.—Each institution of higher education receiving a grant under this section shall conduct an annual evaluation of the impact of the grant and shall provide the evaluation to the Secretary. The Secretary shall disseminate to the public the findings, information on best practices, and lessons learned, with respect to the evaluations.
“(2) RANDOM ASSIGNMENT RESEARCH DESIGN.—The evaluation shall be conducted using a random assignment research design with the following requirements:
“(A) When students are recruited for the program, all students will be told about the program and the evaluation.
“(i) Authorization of appropriations.—There are authorized to be appropriated to carry out this section such sums as may be necessary for fiscal year 2008 and each of the 5 succeeding fiscal years.
“SEC. 871. Student safety and campus emergency management.
“(a) Grants authorized.—
“(1) IN GENERAL.—The Secretary is authorized to award grants, on a competitive basis, to institutions of higher education or consortia of institutions of higher education to enable institutions of higher education or consortia to pay the Federal share of the cost of carrying out the authorized activities described in subsection (c).
“(c) Authorized activities.—Each institution of higher education or consortium receiving a grant under this section may use the grant funds to carry out 1 or more of the following:
“(1) Developing and implementing a state-of-the-art emergency communications system for each campus of an institution of higher education or consortium, in order to contact students via cellular, text message, or other state-of-the-art communications methods when a significant emergency or dangerous situation occurs. An institution or consortium using grant funds to carry out this paragraph shall also, in coordination with the appropriate State and local emergency management authorities—
“(A) develop procedures that students, employees, and others on a campus of an institution of higher education or consortium will be directed to follow in the event of a significant emergency or dangerous situation; and
“(B) develop procedures the institution of higher education or consortium shall follow to inform, within a reasonable and timely manner, students, employees, and others on a campus in the event of a significant emergency or dangerous situation, which procedures shall include the emergency communications system described in this paragraph.
“(2) Supporting measures to improve safety at the institution of higher education or consortium, such as—
“(B) security training of personnel and students at the institution of higher education or consortium;
“(d) Application.—Each institution of higher education or consortium desiring a grant under this section shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require.
“(e) Technical assistance.—The Secretary shall coordinate technical assistance provided by State and local emergency management agencies, the Department of Homeland Security, and other agencies as appropriate, to institutions of higher education or consortia that request assistance in developing and implementing the activities assisted under this section.
“(f) Rule of construction.—Nothing in this section shall be construed—
“(g) Authorization of appropriations.—There are authorized to be appropriated to carry out this section such sums as may be necessary for fiscal year 2008 and each of the 5 succeeding fiscal years.
“SEC. 872. Model emergency response policies, procedures, and practices.
“The Secretary of Education, the Attorney General of the United States, and the Secretary of Homeland Security shall jointly have the authority—
Title VIII (as added by section 801) is further amended by adding at the end the following:
“SEC. 876. School of veterinary medicine competitive grant program.
“(a) In general.—The Secretary of Health and Human Services (referred to in this section as the ‘Secretary’) shall award competitive grants to eligible entities for the purpose of improving public health preparedness through increasing the number of veterinarians in the workforce.
“(b) Eligible entities.—To be eligible to receive a grant under subsection (a), an entity shall—
“(1) be—
“(A) a public or other nonprofit school of veterinary medicine that is accredited by a nationally recognized accrediting agency or association recognized by the Secretary of Education pursuant to part H of title IV;
“(B) a public or nonprofit, department of comparative medicine, department of veterinary science, school of public health, or school of medicine that is accredited by a nationally recognized accrediting agency or association recognized by the Secretary of Education pursuant to part H of title IV and that offers graduate training for veterinarians in a public health practice area as determined by the Secretary; or
“(c) Consideration of applications.—The Secretary shall establish procedures to ensure that applications under subsection (b)(2) are rigorously reviewed and that grants are competitively awarded based on—
“(1) the ability of the applicant to increase the number of veterinarians who are trained in specified public health practice areas as determined by the Secretary;
“(d) Preference.—In awarding grants under subsection (a), the Secretary shall give preference to applicants that demonstrate a comprehensive approach by involving more than one school of veterinary medicine, department of comparative medicine, department of veterinary science, school of public health, school of medicine, or residency training program that offers postgraduate training for veterinarians in a public health practice area as determined by the Secretary.
“(e) Use of funds.—Amounts received under a grant under this section shall be used by a grantee to increase the number of veterinarians in the workforce through paying costs associated with the expansion of academic programs at schools of veterinary medicine, departments of comparative medicine, departments of veterinary science, or entities offering residency training programs, or academic programs that offer postgraduate training for veterinarians or concurrent training for veterinary students in specific areas of specialization, which costs may include minor renovation and improvement in classrooms, libraries, and laboratories.
“SEC. 881. Early Federal Pell Grant Commitment Demonstration Program.
“(a) Demonstration program authority.—
“(1) IN GENERAL.—The Secretary is authorized to carry out an Early Federal Pell Grant Commitment Demonstration Program under which—
“(2) GRANTS.—
“(A) IN GENERAL.—From amounts appropriated under subsection (h) for a fiscal year, the Secretary is authorized to award grants to 4 State educational agencies to enable the State educational agencies to pay the administrative expenses incurred in participating in a demonstration program under which 8th grade students who are eligible for a free or reduced price meal described in subsection (b)(1)(B) receive a commitment to receive a Federal Pell Grant early in their academic careers.
“(b) Demonstration project requirements.—Each of the 4 demonstration projects assisted under this section shall meet the following requirements:
“(1) PARTICIPANTS.—
“(2) STUDENT DATA.—The State educational agency shall ensure that student data from local educational agencies serving students who participate in the demonstration project, as well as student data from local educational agencies serving a comparable group of students who do not participate in the demonstration project, are available for evaluation of the demonstration project, except that in no case shall such data be provided in a manner that would reveal personally identifiable information about an individual student.
“(3) FEDERAL PELL GRANT COMMITMENT.—Each student who participates in the demonstration project receives a commitment from the Secretary to receive a Federal Pell Grant during the first academic year that the student is in attendance at an institution of higher education as an undergraduate, if the student applies for Federal financial aid (via the FAFSA or EZ FAFSA) during the student's senior year of secondary school and during succeeding years.
“(4) APPLICATION PROCESS.—The Secretary shall establish an application process to select State educational agencies to participate in the demonstration program and State educational agencies shall establish an application process to select local educational agencies within the State to participate in the demonstration project.
“(5) LOCAL EDUCATIONAL AGENCY PARTICIPATION.—Subject to the 10,000 statewide student limitation described in paragraph (1), a local educational agency serving students, not less than 50 percent of whom are eligible for a free or reduced price meal under the Richard B. Russell National School Lunch Act or the Child Nutrition Act of 1966, shall be eligible to participate in the demonstration project.
“(c) State educational agency applications.—
“(1) IN GENERAL.—Each State educational agency 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.—Each application shall include—
“(A) a description of the proposed targeted information campaign for the demonstration project and a copy of the plan described in subsection (f)(2);
“(B) a description of the student population that will receive an early commitment to receive a Federal Pell Grant under this section;
“(d) Selection considerations.—
“(1) SELECTION OF STATE EDUCATIONAL AGENCIES.—In selecting State educational agencies to participate in the demonstration program under this section, the Secretary shall consider—
“(B) the Department's capacity to oversee and monitor each State educational agency's participation in the demonstration program;
“(C) a State educational agency's—
“(iii) commitment to focusing State resources, in addition to any resources provided under part A of title I of the Elementary and Secondary Education Act of 1965, on students who receive assistance under such part A;
“(2) LOCAL EDUCATIONAL AGENCY.—In selecting local educational agencies to participate in a demonstration project under this section, the State educational agency shall consider—
“(B) the State educational agency's capacity to oversee and monitor each local educational agency's participation in the demonstration project;
“(C) a local educational agency's—
“(iii) commitment to focusing local resources, in addition to any resources provided under part A of title I of the Elementary and Secondary Education Act of 1965, on students who receive assistance under such part A;
“(e) Evaluation.—
“(1) IN GENERAL.—From amounts appropriated under subsection (h) for a fiscal year, the Secretary shall reserve not more than $1,000,000 to award a grant or contract to an organization outside the Department for an independent evaluation of the impact of the demonstration program assisted under this section.
“(3) MATTERS EVALUATED.—The evaluation described in this subsection shall—
“(A) determine the number of individuals who were encouraged by the demonstration program to pursue higher education;
“(C) assess the cost-effectiveness of the demonstration program in improving access to higher education;
“(D) identify the reasons why participants in the demonstration program either received or did not receive a Federal Pell Grant;
“(E) identify intermediate outcomes related to postsecondary education attendance, such as whether participants—
“(F) identify the number of individuals participating in the demonstration program who pursued an associate's degree or a bachelor's degree, or other postsecondary education;
“(f) Targeted information campaign.—
“(1) IN GENERAL.—Each State educational agency receiving a grant under this section shall, in cooperation with the participating local educational agencies within the State and the Secretary, develop a targeted information campaign for the demonstration program assisted under this section.
“(2) PLAN.—Each State educational agency receiving a grant under this section shall include in the application submitted under subsection (c) a written plan for their proposed targeted information campaign. The plan shall include the following:
“(A) OUTREACH.—A description of the outreach to students and their families at the beginning and end of each academic year of the demonstration project, at a minimum.
“(B) DISTRIBUTION.—How the State educational agency plans to provide the outreach described in subparagraph (A) and to provide the information described in subparagraph (C).
“(C) INFORMATION.—The annual provision by the State educational agency to all students and families participating in the demonstration program of information regarding—
“(i) the estimated statewide average cost of attendance for an institution of higher education for each academic year, which cost data shall be disaggregated by—
“(g) Supplement, not supplant.—A State educational agency shall use grant funds received under this section only to supplement the funds that would, in the absence of such funds, be made available from non-Federal sources for students participating in the demonstration program under this section, and not to supplant such funds.
“SEC. 886. Henry Kuualoha Giugni Kupuna Memorial Archives.
“(a) Grants authorized.—The Secretary is authorized to award a grant to the University of Hawaii Academy for Creative Media for the establishment, maintenance, and periodic modernization of the Henry Kuualoha Giugni Kupuna Memorial Archives at the University of Hawaii.
“(b) Use of funds.—The Henry Kuualoha Giugni Kupuna Memorial Archives shall use the grant funds received under this section—
“(1) to facilitate the acquisition of a secure web accessible repository of Native Hawaiian historical data rich in ethnic and cultural significance to the United States for preservation and access by future generations;
“(2) to award scholarships to facilitate access to a postsecondary education for students who cannot afford such education;
“(4) to create educational materials, from the contents of the archives, that are applicable to a broad range of indigenous students, such as Native Hawaiians, Alaskan Natives, and Native American Indians;
“(5) to develop outreach initiatives that introduce the archival collections to elementary schools and secondary schools;
“(6) to develop supplemental web-based resources that define terms and cultural practices innate to Native Hawaiians;
“(7) to rent, lease, purchase, maintain, or repair educational facilities to house the archival collections;
“(8) to rent, lease, purchase, maintain, or repair computer equipment for use by elementary schools and secondary schools in accessing the archival collections;
“(9) to provide pre-service and in-service teacher training to develop a core group of kindergarten through grade 12 teachers who are able to provide instruction in a way that is relevant to the unique background of indigenous students, such as Native Hawaiians, Alaskan Natives, and Native American Indians, in order to—
(a) Development.—Not later than 180 days after the date of enactment of this Act, the Secretary of Education shall establish 1 or more clearinghouses of information on student loans (including loans under parts B and D of title IV of the Higher Education Act of 1965 (20 U.S.C. 1071 et seq. and 1087a et seq.) and private loans, for both undergraduate and graduate students) for use by prospective borrowers or any person desiring information regarding available interest rates and other terms from lenders. Such a clearinghouse shall—
(2) accept nothing of value from any lender, guaranty agency, or any entity affiliated with a lender or guaranty agency, except that the clearinghouse may establish a flat fee to be charged to each listed lender, based on the costs necessary to establish and maintain the clearinghouse;
(3) provide information regarding the interest rates, fees, borrower benefits, and any other matter that the Department of Education determines relevant to enable prospective borrowers to select a lender;
(b) Publication of list.—The Secretary of Education shall publish a list of clearinghouses described in subsection (a) on the website of the Department of Education and such list shall be updated not less often than every 90 days.
(c) Disclosure.—Beginning on the date the first clearinghouse described in subsection (a) is established, each institution of higher education that receives Federal assistance under the Higher Education Act of 1965 (20 U.S.C. 1001 et seq.) and that designates 1 or more lenders as preferred, suggested, or otherwise recommended shall include a standard disclosure developed by the Secretary of Education on all materials that reference such lenders to inform students that the students might find a more attractive loan, with a lower interest rate, by visiting a clearinghouse described in subsection (a).
(d) Report.—Not later than 18 months after the date of enactment of this Act, the Comptroller General of the United States shall submit a report to Congress on whether students are using a clearinghouse described in subsection (a) to find and secure a student loan. The report shall assess whether students could have received a more attractive loan, one with a lower interest rate or better benefits, by using a clearinghouse described in subsection (a) instead of a preferred lender list.
At the end of title VIII (as added by section 801), add the following:
“The purposes of the program under this part are to—
“(1) strengthen the ability of eligible institutions to provide capacity for instruction in digital and wireless network technologies; and
“(2) strengthen the national digital and wireless infrastructure by increasing national investment in telecommunications and technology infrastructure at eligible institutions.
“SEC. 891. Definition of eligible institution.
“In this part, the term ‘eligible institution’ means an institution that is—
“(1) a historically Black college or university that is a part B institution, as defined in section 322;
“(6) an institution determined by the Secretary to have enrolled a substantial number of minority, low-income students during the previous academic year who received a Federal Pell Grant for that year.
“SEC. 892. Minority serving institutions for advanced technology and education.
“(a) Grants authorized.—
“(b) Application and review procedure.—
“(1) IN GENERAL.—To be eligible to receive a grant under this part, an eligible institution shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may reasonably require. The application shall include—
“(2) REGULATIONS.—After consultation with appropriate individuals with expertise in technology and education, the Secretary shall establish a procedure by which to accept and review such applications and publish an announcement of such procedure, including a statement regarding the availability of funds, in the Federal Register.
“(c) Matching requirement.—
“(1) IN GENERAL.—An eligible institution that receives a grant under this part shall agree that, with respect to the costs to be incurred by the institution in carrying out the program for which the grant is awarded, such institution will make available (directly or through donations from public or private entities) non-Federal contributions in an amount equal to 25 percent of the amount of the grant awarded by the Secretary, or $500,000, whichever is the lesser amount.
“(d) Uses of funds.—An eligible institution shall use a grant awarded under this part—
“(1) to acquire equipment, instrumentation, networking capability, hardware and software, digital network technology, wireless technology, and infrastructure;
“(2) to develop and provide educational services, including faculty development, related to science, technology, engineering, and mathematics;
“(3) to provide teacher preparation and professional development, library and media specialist training, and early childhood educator and teacher aide certification or licensure to individuals who seek to acquire or enhance technology skills in order to use technology in the classroom or instructional process to improve student achievement;
“(4) to form consortia or collaborative projects with a State, State educational agency, local educational agency, community-based organization, national nonprofit organization, or business, including a minority business, to provide education regarding technology in the classroom;
“(5) to provide professional development in science, technology, engineering, or mathematics to administrators and faculty of eligible institutions with institutional responsibility for technology education;
“(e) Data collection.—An eligible institution that receives a grant under this part shall provide the Secretary with any relevant institutional statistical or demographic data requested by the Secretary.
“(f) Information dissemination.—The Secretary shall convene an annual meeting of eligible institutions receiving grants under this part for the purposes of—
“(g) Limitation.—An eligible institution that receives a grant under this part that exceeds $2,500,000 shall not be eligible to receive another grant under this part until every other eligible institution that has applied for a grant under this part has received such a grant.
“SEC. 893. Annual report and evaluation.
“(a) Annual report required from recipients.—Each eligible institution that receives a grant under this part shall provide an annual report to the Secretary on the eligible institution's use of the grant.
“(c) Contents of evaluation.—The Secretary, in the evaluation under subsection (b), shall—
“(d) Report to congress.—Not later than 3 years after the date of enactment of the Higher Education Amendments of 2007, the Secretary shall submit a report on the program supported under this part to the authorizing committees that shall include such recommendations, including recommendations concerning the continuing need for Federal support of the program, as may be appropriate.
“SEC. 894. Authorization of appropriations.
“There are authorized to be appropriated to carry out this part such sums as may be necessary for fiscal year 2008 and each of the 5 succeeding fiscal years.”.
Section 104 of the Education of the Deaf Act of 1986 (20 U.S.C. 4304) is amended—
(2) in subsection (a)(1)(A), by inserting “the Laurent Clerc National Deaf Education Center (referred to in this section as the ‘Clerc Center’) to carry out” after “maintain and operate”; and
(3) in subsection (b)—
(A) in the matter preceding subparagraph (A) of paragraph (1), by striking “elementary and secondary education programs” and inserting “Clerc Center”;
(B) in paragraph (2), by striking “elementary and secondary education programs” and inserting “Clerc Center”; and
(C) by adding at the end the following:
“(5) The University, for purposes of the elementary and secondary education programs carried out at the Clerc Center, shall—
“(A) (i) select challenging academic content standards, challenging student academic achievement standards, and academic assessments of a State, adopted and implemented, as appropriate, pursuant to paragraphs (1) and (3) of section 1111(b) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311(b)(1) and (3)) and approved by the Secretary; and
“(B) annually determine whether such programs at the Clerc Center are making adequate yearly progress, as determined according to the definition of adequate yearly progress defined (pursuant to section 1111(b)(2)(C) of such Act (20 U.S.C. 6311(b)(2)(C))) by the State that has adopted and implemented the standards and assessments selected under subparagraph (A)(i); and
Section 105(b)(4) of the Education of the Deaf Act of 1986 (20 U.S.C. 4305(b)(4)) is amended—
(1) by striking “the Act of March 3, 1931 (40 U.S.C. 276a–276a–5) commonly referred to as the Davis-Bacon Act” and inserting “subchapter IV of chapter 31 of title 40, United States Code, commonly referred to as the Davis-Bacon Act”; and
Section 112 of the Education of the Deaf Act of 1986 (20 U.S.C. 4332) is amended—
(1) in subsection (a)—
(A) in paragraph (1)—
(C) by inserting after paragraph (1) the following:
“(2) If, pursuant to the agreement established under paragraph (1), either the Secretary or the Rochester Institute of Technology terminates the agreement, the Secretary shall consider proposals from other institutions of higher education and enter into an agreement with one of those institutions for the establishment and operation of a National Technical Institution for the Deaf.”; and
(2) in subsection (b)—
(A) in paragraph (3), by striking “Committee on Labor and Human Resources of the Senate” and inserting “Committee on Health, Education, Labor, and Pensions of the Senate”; and
(B) in paragraph (5)—
(i) by striking “the Act of March 3, 1931 (40 U.S.C. 276a–276a–5) commonly referred to as the Davis-Bacon Act” and inserting “subchapter IV of chapter 31 of title 40, United States Code, commonly referred to as the Davis-Bacon Act”; and
(a) Cultural Experiences Grants.—Title I of the Education of the Deaf Act of 1986 (20 U.S.C. 4301 et seq.) is amended by adding at the end the following:
“SEC. 121. Cultural experiences grants.
“(a) In General.—The Secretary shall, on a competitive basis, make grants to, and enter into contracts and cooperative agreements with, eligible entities to support the activities described in subsection (b).
“(b) Activities.—In carrying out this section, the Secretary shall support activities providing cultural experiences, through appropriate nonprofit organizations with a demonstrated proficiency in providing such activities, that—
Section 203 of the Education of the Deaf Act of 1986 (20 U.S.C. 4353) is amended—
Section 204 of the Education of the Deaf Act of 1986 (20 U.S.C. 4354) is amended—
(1) in the matter preceding paragraph (1), by striking “Committee on Labor and Human Resources of the Senate” and inserting “Committee on Health, Education, Labor, and Pensions of the Senate”;
Section 205 of the Education of the Deaf Act of 1986 (20 U.S.C. 4355) is amended—
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”.
Section 207(h) of the Education of the Deaf Act of 1986 (20 U.S.C. 4357(h)) is amended by striking “fiscal years 1998 through 2003” each place it appears and inserting “fiscal years 2008 through 2013”.
Section 208(a) of the Education of the Deaf Act of 1986 (20 U.S.C. 4359(a)) is amended by striking “Committee on Labor and Human Resources of the Senate and the Committee on Education and the Workforce of the House of Representatives” and inserting “Committee on Education and Labor of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate”.
Section 209 of the Education of the Deaf Act of 1986 (20 U.S.C. 4359a) is amended—
(1) in subsection (a)—
(C) by adding at the end the following:
“(2) DISTANCE LEARNING.—International students who participate in distance learning courses that are at NTID or the University and who are residing outside of the United States shall—
“(A) not be counted as international students for purposes of the cap on international students under paragraph (1), except that in any school year no United States citizen who applies to participate in distance learning courses that are at the University or NTID shall be denied participation in such courses because of the participation of an international student in such courses; and
(2) by striking subsections (b), (c), and (d),
and inserting the following: “(b) Tuition Surcharge.—Except as provided in subsections (a)(2)(B)
and (c), the tuition for postsecondary international students enrolled in the
University (including undergraduate and graduate students) or NTID shall
include, for academic year 2008–2009 and any succeeding academic year, a
surcharge of—
Section 210(b) of the Education of the Deaf Act of 1986 (20 U.S.C. 4359b(b)) is amended by striking “Committee on Education and the Workforce of the House of Representatives, and the Committee on Labor and Human Resources of the Senate” and inserting “Committee on Education and Labor of the House of Representatives, and the Committee on Health, Education, Labor, and Pensions of the Senate”.
Section 212 of the Education of the Deaf Act of 1986 (20 U.S.C. 4360a) is amended—
(a) Powers and Duties.—Section 1705(b)(3) of the United States Institute of Peace Act (22 U.S.C. 4604(b)(3)) is amended by striking “the Arms Control and Disarmament Agency,”.
(b) Board of Directors.—Section 1706 of the United States Institute of Peace Act (22 U.S.C. 4605) is amended—
The following provisions of title VIII of the Higher Education Amendments of 1998 (Public Law 105–244) are repealed:
(2) Part C (20 U.S.C. 1070 note).
(3) Part F (20 U.S.C. 1862 note).
Section 821 of the Higher Education Amendments of 1998 (20 U.S.C. 1151) is amended to read as follows:
“SEC. 821. Grants to States for improved workplace and community transition training for incarcerated youth offenders.
“(a) Definition.—In this section, the term ‘youth offender’ means a male or female offender under the age of 35, who is incarcerated in a State prison, including a prerelease facility.
“(b) Grant program.—The Secretary of Education (in this section referred to as the ‘Secretary’)—
“(1) shall establish a program in accordance with this section to provide grants to the State correctional education agencies in the States, from allocations for the States under subsection (h), to assist and encourage youth offenders to acquire functional literacy, life, and job skills, through—
“(c) Application.—To be eligible for a grant under this section, a State correctional education agency shall submit to the Secretary a proposal for a youth offender program that—
“(1) identifies the scope of the problem, including the number of youth offenders in need of postsecondary education and vocational training;
“(2) lists the accredited public or private educational institution or institutions that will provide postsecondary educational services;
“(3) lists the cooperating agencies, public and private, or businesses that will provide related services, such as counseling in the areas of career development, substance abuse, health, and parenting skills;
“(4) describes specific performance objectives and evaluation methods (in addition to, and consistent with, any objectives established by the Secretary under subsection (b)(2)) that the State correctional education agency will use in carrying out its proposal, including—
“(A) specific and quantified student outcome measures that are referenced to outcomes for non-program participants with similar demographic characteristics; and
“(B) measures, consistent with the data elements and definitions described in subsection (d)(1)(A), of—
“(i) program completion, including an explicit definition of what constitutes a program completion within the proposal;
“(5) describes how the proposed programs are to be integrated with existing State correctional education programs (such as adult education, graduate education degree programs, and vocational training) and State industry programs;
“(d) Program requirements.—Each State correctional education agency receiving a grant under this section shall—
“(1) annually report to the Secretary regarding—
“(e) Student eligibility.—A youth offender shall be eligible for participation in a program receiving a grant under this section if the youth offender—
“(1) is eligible to be released within 5 years (including a youth offender who is eligible for parole within such time);
“(f) Length of participation.—A State correctional education agency receiving a grant under this section shall provide educational and related services to each participating youth offender for a period not to exceed 5 years, 1 year of which may be devoted to study in a graduate education degree program or to remedial education services for students who have obtained a secondary school diploma or its recognized equivalent. Educational and related services shall start during the period of incarceration in prison or prerelease, and the related services may continue for not more than 1 year after release from confinement.
“(g) Education delivery systems.—State correctional education agencies and cooperating institutions shall, to the extent practicable, use high-tech applications in developing programs to meet the requirements and goals of this section.
“(h) Allocation of funds.—From the funds appropriated pursuant to subsection (i) for each fiscal year, the Secretary shall allot to each State an amount that bears the same relationship to such funds as the total number of students eligible under subsection (e) in such State bears to the total number of such students in all States.
Section 841(c) of the Higher Education Amendments of 1998 (20 U.S.C. 1153(c)) is amended by striking “this section” and all that follows through the period at the end and inserting “this section such sums as may be necessary for fiscal years 2008 through 2013.”.
Section 1543(d) of the Higher Education Amendments of 1992 (20 U.S.C. 1070 note) is amended by striking “to be appropriated” and all that follows through the period at the end and inserting “to be appropriated such sums as may be necessary for fiscal years 2008 through 2013.”.
(a) Clarification of the Definition of National Indian Organization.—Section 2(a)(6) of the Tribally Controlled College or University Assistance Act of 1978 (25 U.S.C. 1801(a)(6)) is amended by striking “in the field of Indian education” and inserting “in the fields of tribally controlled colleges and universities and Indian higher education”.
(b) Indian Student Count.—Section 2(a) of the Tribally Controlled College or University Assistance Act of 1978 (25 U.S.C. 1801(a)) is amended—
(c) Continuing Education.—Section 2(b) of the Tribally Controlled College or University Assistance Act of 1978 (25 U.S.C. 1801(b)) is amended—
(1) in the matter preceding paragraph (1), by striking “paragraph (7) of subsection (a)” and inserting “subsection (a)(8)”;
(2) by striking paragraph (5) and inserting the following:
“(5) DETERMINATION OF CREDITS.—Eligible credits earned in a continuing education program—
“(A) shall be determined as 1 credit for every 10 contact hours in the case of an institution on a quarter system, or 15 contact hours in the case of an institution on a semester system, of participation in an organized continuing education experience under responsible sponsorship, capable direction, and qualified instruction, as described in the criteria established by the International Association for Continuing Education and Training; and
(d) Accreditation Requirement.—Section 103 of the Tribally Controlled College or University Assistance Act of 1978 (25 U.S.C. 1804) is amended—
(e) Technical Assistance contracts.—Section 105 of the Tribally Controlled College or University Assistance Act of 1978 (25 U.S.C. 1805) is amended—
(1) by striking the section designation and heading and all that follows through “The Secretary shall” and inserting the following:
(f) Amount of grants.—Section 108(a) of the Tribally Controlled College or University Assistance Act of 1978 (25 U.S.C. 1808(a)) is amended—
(1) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively, and indenting the subparagraphs appropriately;
(3) in paragraph (1) (as redesignated by paragraphs (1) and (2))—
(g) General provisions reauthorization.—Section 110(a) of the Tribally Controlled College or University Assistance Act of 1978 (25 U.S.C. 1810(a)) is amended—
(h) Endowment program reauthorization.—Section 306(a) of the Tribally Controlled College or University Assistance Act of 1978 (25 U.S.C. 1836(a)) is amended—
(i) Tribal economic development reauthorization.—Section 403 of the Tribal Economic Development and Technology Related Education Assistance Act of 1990 (25 U.S.C. 1852) is amended—
(j) Tribally controlled postsecondary career and technical institutions.—
(1) IN GENERAL.—The Tribally Controlled College or University Assistance Act of 1978 (25 U.S.C. 1801 et seq.) is amended by adding at the end the following:
“SEC. 501. Definition of tribally controlled postsecondary career and technical institution.
“In this title, the term ‘tribally controlled postsecondary career and technical institution’ has the meaning given the term in section 3 of the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2302).
“SEC. 502. Tribally controlled postsecondary career and technical institutions program.
“(a) In general.—Subject to the availability of appropriations, for fiscal year 2008 and each fiscal year thereafter, the Secretary shall—
“(1) subject to subsection (b), select 2 tribally controlled postsecondary career and technical institutions to receive assistance under this title; and
“(2) provide funding to the selected tribally controlled postsecondary career and technical institutions to pay the costs (including institutional support costs) of operating postsecondary career and technical education programs for Indian students at the tribally controlled postsecondary career and technical institutions.
“(b) Selection of certain institutions.—
“(1) REQUIREMENT.—For each fiscal year during which the Secretary determines that a tribally controlled postsecondary career and technical institution described in paragraph (2) meets the definition referred to in section 501, the Secretary shall select that tribally controlled postsecondary career and technical institution under subsection (a)(1) to receive funding under this section.
“(c) Method of payment.—For each applicable fiscal year, the Secretary shall provide funding under this section to each tribally controlled postsecondary career and technical institution selected for the fiscal year under subsection (a)(1) in a lump sum payment for the fiscal year.
“(d) Distribution.—
“(1) IN GENERAL.—For fiscal year 2009 and each fiscal year thereafter, of amounts made available pursuant to section 504, the Secretary shall distribute to each tribally controlled postsecondary career and technical institution selected for the fiscal year under subsection (a)(1) an amount equal to the greater of—
“(2) EXCESS AMOUNTS.—If, for any fiscal year, the amount made available pursuant to section 504 exceeds the sum of the amounts required to be distributed under paragraph (1) to the tribally controlled postsecondary career and technical institutions selected for the fiscal year under subsection (a)(1), the Secretary shall distribute to each tribally controlled postsecondary career and technical institution selected for that fiscal year a portion of the excess amount, to be determined by—
“(A) dividing the excess amount by the aggregate Indian student count (as defined in section 117(h) of the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2327(h)) of such institutions for the prior academic year; and
“SEC. 503. Applicability of other laws.
“(a) In general.—Paragraphs (4) and (7) of subsection (a), and subsection (b), of section 2, sections 105, 108, 111, 112 and 113, and titles II, III, and IV shall not apply to this title.
“(b) Indian self-determination and education assistance.—Funds made available pursuant to this title shall be subject to the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450 et seq.).
“(c) Election To receive.—A tribally controlled postsecondary career and technical institution selected for a fiscal year under section 502(b) may elect to receive funds pursuant to section 502 in accordance with an agreement between the tribally controlled postsecondary career and technical institution and the Secretary under the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450 et seq.) if the agreement is in existence on the date of enactment of the Higher Education Amendments of 2007.
“(d) Other assistance.—Eligibility for, or receipt of, assistance under this title shall not preclude the eligibility of a tribally controlled postsecondary career and technical institutions to receive Federal financial assistance under—
“SEC. 504. Authorization of appropriations.
“There are authorized to be appropriated such sums as are necessary for fiscal year 2008 and each fiscal year thereafter to carry out this title.”.
(2) CONFORMING AMENDMENTS.—Section 117 of the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2327) is amended—
(A) by striking subsection (a) and inserting the following:
“(a) Grant program.—Subject to the availability of appropriations, the Secretary shall make grants under this section, to provide basic support for the education and training of Indian students, to tribally controlled postsecondary career and technical institutions that are not receiving Federal assistance as of the date on which the grant is provided under—
“(1) title I of the Tribally Controlled College or University Assistance Act of 1978 (25 U.S.C. 1802 et seq.); or
(B) by striking subsection (d) and inserting the following:
“(d) Applications.—To be eligible to receive a grant under this section, a tribally controlled postsecondary career and technical institution that is not receiving Federal assistance under title I of the Tribally Controlled College or University Assistance Act (25 U.S.C. 1802 et seq.) or the Navajo Community College Act (25 U.S.C. 640a et seq.) shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require.”.
This subpart may be cited as the “Navajo Nation Higher Education Act of 2006”.
(b) Grants.—Section 3 of the Navajo Community College Act (25 U.S.C. 640b) is amended—
(c) Study of Facilities Needs.—Section 4 of the Navajo Community College Act (25 U.S.C. 640c) is amended—
(d) Authorization of Appropriations.—Section 5 of the Navajo Community College Act (25 U.S.C. 640c–1) is amended—
(1) in subsection (a)—
(A) in paragraph (1), by striking “$2,000,000” and all that follows through the end of the paragraph and inserting “such sums as are necessary for fiscal years 2008 through 2013.”; and
(2) in subsection (b)(1)—
(B) in subparagraph (A)—
(e) Effect on Other Laws.—Section 6 of the Navajo Community College Act (25 U.S.C. 640c–2) is amended—
(f) Payments; Interest.—Section 7 of the Navajo Community College Act (25 U.S.C. 640c–3) is amended by striking “the Navajo Community College” each place it appears and inserting “Diné College”.
“SEC. 428L. Loan repayment for civil legal assistance attorneys.
“(a) Purpose.—The purpose of this section is to encourage qualified individuals to enter and continue employment as civil legal assistance attorneys.
“(b) Definitions.—In this section:
“(1) CIVIL LEGAL ASSISTANCE ATTORNEY.—The term ‘civil legal assistance attorney’ means an attorney who—
“(A) is a full-time employee of a nonprofit organization that provides legal assistance with respect to civil matters to low-income individuals without a fee;
“(c) Program authorized.—The Secretary shall carry out a program of assuming the obligation to repay a student loan, by direct payments on behalf of a borrower to the holder of such loan, in accordance with subsection (d), for any borrower who—
“(d) Terms of agreement.—
“(1) IN GENERAL.—To be eligible to receive repayment benefits under subsection (c), a borrower shall enter into a written agreement with the Secretary that specifies that—
“(A) the borrower will remain employed as a civil legal assistance attorney for a required period of service of not less than 3 years, unless involuntarily separated from that employment;
“(B) if the borrower is involuntarily separated from employment on account of misconduct, or voluntarily separates from employment, before the end of the period specified in the agreement, the borrower will repay the Secretary the amount of any benefits received by such employee under this agreement;
“(C) if the borrower is required to repay an amount to the Secretary under subparagraph (B) and fails to repay such amount, a sum equal to that amount shall be recoverable by the Federal Government from the employee by such methods as are provided by law for the recovery of amounts owed to the Federal Government;
“(2) REPAYMENTS.—
“(3) LIMITATIONS.—
“(A) STUDENT LOAN PAYMENT AMOUNT.—Student loan repayments made by the Secretary under this section shall be made subject to such terms, limitations, or conditions as may be mutually agreed upon by the borrower and the Secretary in an agreement under paragraph (1), except that the amount paid by the Secretary under this section shall not exceed—
“(e) Additional agreements.—
“(f) Award basis; priority.—
“(1) AWARD BASIS.—Subject to paragraph (2), the Secretary shall provide repayment benefits under this section on a first-come, first-served basis, and subject to the availability of appropriations.
This part may be cited as the “John R. Justice Prosecutors and Defenders Incentive Act of 2007”.
Title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3711 et seq.) is amended by inserting after part II (42 U.S.C. 3797cc et seq.) the following:
“SEC. 3001. Grant authorization.
“(a) Purpose.—The purpose of this section is to encourage qualified individuals to enter and continue employment as prosecutors and public defenders.
“(b) Definitions.—In this section:
“(2) PUBLIC DEFENDER.—The term ‘public defender’ means an attorney who—
“(B) is—
“(i) a full-time employee of a State or local agency who provides legal representation to indigent persons in criminal or juvenile delinquency cases (including supervision, education, or training of other persons providing such representation);
“(ii) a full-time employee of a nonprofit organization operating under a contract with a State or unit of local government, who devotes substantially all of his or her full-time employment to providing legal representation to indigent persons in criminal or juvenile delinquency cases, (including supervision, education, or training of other persons providing such representation); or
“(3) STUDENT LOAN.—The term ‘student loan’ means—
“(A) a loan made, insured, or guaranteed under part B of title IV of the Higher Education Act of 1965 (20 U.S.C. 1071 et seq.);
“(c) Program authorized.—The Attorney General shall establish a program by which the Department of Justice shall assume the obligation to repay a student loan, by direct payments on behalf of a borrower to the holder of such loan, in accordance with subsection (d), for any borrower who—
“(d) Terms of agreement.—
“(1) IN GENERAL.—To be eligible to receive repayment benefits under subsection (c), a borrower shall enter into a written agreement that specifies that—
“(A) the borrower will remain employed as a prosecutor or public defender for a required period of service of not less than 3 years, unless involuntarily separated from that employment;
“(B) if the borrower is involuntarily separated from employment on account of misconduct, or voluntarily separates from employment, before the end of the period specified in the agreement, the borrower will repay the Attorney General the amount of any benefits received by such employee under this section;
“(C) if the borrower is required to repay an amount to the Attorney General under subparagraph (B) and fails to repay such amount, a sum equal to that amount shall be recoverable by the Federal Government from the employee (or such employee’s estate, if applicable) by such methods as are provided by law for the recovery of amounts owed to the Federal Government;
“(2) REPAYMENTS.—
“(3) LIMITATIONS.—
“(A) STUDENT LOAN PAYMENT AMOUNT.—Student loan repayments made by the Attorney General under this section shall be made subject to such terms, limitations, or conditions as may be mutually agreed upon by the borrower and the Attorney General in an agreement under paragraph (1), except that the amount paid by the Attorney General under this section shall not exceed—
“(e) Additional agreements.—
“(f) Award basis; priority.—
“(1) AWARD BASIS.—Subject to paragraph (2), the Attorney General shall provide repayment benefits under this section—
“(g) Regulations.—The Attorney General is authorized to issue such regulations as may be necessary to carry out the provisions of this section.
“(h) Study.—Not later than 1 year after the date of enactment of this section, the Government Accountability Office shall study and report to Congress on the impact of law school accreditation requirements and other factors on law school costs and access, including the impact of such requirements on racial and ethnic minorities.
Secretary
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