HR 4137
2-7-08, Bill Passed House 354-58
110th CONGRESS
1st Session
H. R. 4137
To amend and extend the Higher Education Act of 1965, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
November 9, 2007
Mr. GEORGE MILLER of California (for himself and Mr. HINOJOSA)
introduced the following bill; which was referred to the Committee on
Education and Labor, and in addition to the Committees on the
Judiciary, Science and Technology, and Financial Services, for a period
to be subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of the
committee concerned
A BILL
To amend and extend the Higher Education Act of 1965, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title- This Act may be cited as the `College Opportunity and Affordability Act of 2007'.
Sec. 1. Short title; table of contents.
Sec. 2. Reference; Effective date.
TITLE I--TITLE I AMENDMENTS
Sec. 101. Definitions of institution of higher education.
Sec. 102. Additional definitions.
Sec. 103. Treatment of territories and territorial student assistance.
Sec. 104. National Advisory Committee on Institutional Quality and Integrity.
`Sec. 114. National Advisory Committee on Institutional Quality and Integrity.
Sec. 105. Drug and alcohol abuse prevention.
Sec. 106. Prior rights and obligations.
Sec. 107. Improved information concerning the Federal student financial aid website.
Sec. 108. State commitment to affordable college education.
`Sec. 132. State commitment to affordable college education.
Sec. 109. Transparency in college tuition for consumers.
`Sec. 133. Transparency in college tuition for consumers.
Sec. 110. Textbook information.
`Sec. 134. Textbook information.
Sec. 111. Institution and lender reporting and disclosure requirements.
`Part E--Lender and Institution Requirements Relating to Educational Loans
`Sec. 151. Definitions.
`Sec. 152. Requirements for lenders and institutions participating in preferred lender arrangements.
`Sec. 153. Interest rate report for institutions and lenders participating in preferred lender arrangements.
`Sec. 154. Private educational loan disclosure requirements for covered institutions.
`Sec. 155. Integrity provisions.
`Sec. 156. Compliance and enforcement.
Sec. 112. Feasibility study for national electronic student loan marketplace.
TITLE II--TITLE II REVISION
Sec. 201. Revision of title II.
`TITLE II--TEACHER QUALITY ENHANCEMENT
`Sec. 200. Definitions.
`Part A--Teacher Quality Partnership Grants
`Sec. 201. Purposes; Definitions.
`Sec. 202. Partnership grants.
`Sec. 203. Administrative provisions.
`Sec. 204. Accountability and evaluation.
`Sec. 205. Accountability for programs that prepare teachers.
`Sec. 206. Teacher development.
`Sec. 207. State functions.
`Sec. 208. General provisions.
`Sec. 209. Authorization of appropriations.
`Part B--Preparing Teachers for Digital Age Learners
`Sec. 221. Program authorized.
`Sec. 222. Uses of funds.
`Sec. 223. Application requirements.
`Sec. 224. Evaluation.
`Sec. 225. Authorization of appropriations.
`Part C--Enhancing Teacher Education
`Sec. 240. Authorization of appropriations.
`subpart 1--recruiting teachers with math, science, or language majors
`Sec. 241. Program authorized.
`subpart 2--community colleges as partners in teacher education grants
`Sec. 251. Grants to community colleges.
`Sec. 252. Definitions.
`subpart 3--centers of excellence
`Sec. 261. Definitions.
`Sec. 262. Centers of excellence.
`subpart 4--teach for america
`Sec. 271. Teach for America.
`subpart 5--early childhood education professional development and career task force
`Sec. 281. Purpose.
`Sec. 282. Definition of early childhood education program.
`Sec. 283. Grants authorized.
`Sec. 284. State task force establishment.
`Sec. 285. State task force activities.
`Sec. 286. State application and report.
`Sec. 287. Evaluations.
Sec. 202. National Academy of Sciences study of best practices in teacher preparation.
TITLE III--TITLE III AMENDMENTS
Sec. 301. Program purpose.
Sec. 302. Title III grants for American Indian Tribally Controlled Colleges and Universities.
Sec. 303. Predominantly Black Institutions.
`Sec. 318. Predominantly Black Institutions.
Sec. 304. Assistance to Asian American and Pacific Islander-serving institutions.
`Sec. 319. Asian American and Native American Pacific Islander-serving institutions.
Sec. 305. Native American-serving, nontribal institutions.
`Sec. 320. Native American-serving, nontribal institutions.
Sec. 306. Strengthening Historically Black Colleges and Universities.
Sec. 307. Endowment Challenge Grants.
Sec. 308. Programs in STEM fields.
`subpart 2--programs in stem fields
`Sec. 355. YES Partnerships grant program.
`Sec. 356. Promotion of entry into STEM fields.
`Sec. 357. Evaluation and Accountability Plan.
Sec. 309. Technical assistance.
Sec. 310. Waiver authority.
Sec. 311. Authorization of appropriations.
Sec. 312. Technical corrections.
TITLE IV--TITLE IV AMENDMENTS
Part A--Part A Amendments
Sec. 401. Federal Pell Grants.
Sec. 402. Federal TRIO Programs.
Sec. 403. GEARUP Amendments.
Sec. 404. Academic Achievement Incentive Scholarships.
Sec. 405. Federal Supplemental Educational Opportunity Grants.
Sec. 406. Grants for access and persistence.
`Sec. 415E. Grants for access and persistence.
Sec. 407. Special programs for students whose families are engaged in migrant and seasonal farmwork.
Sec. 408. Robert C. Byrd Honors Scholarship Program.
`subpart 6--robert c. byrd american competitiveness program
`Sec. 419A. Robert C. Byrd mathematics and science honors scholarship program.
`Sec. 419B. Mathematics and science incentive program.
`Sec. 419C. Foreign Language Partnerships.
`Sec. 419D. Authorization of appropriations.
Sec. 409. Child care access means parents in school.
Sec. 410. Learning Anytime Anywhere Partnerships.
`Sec. 420P. Program evaluation.
Part B--Federal Family Education Loans
Sec. 421. Limitations on Amounts of Loans Covered by Federal Insurance.
Sec. 422. Federal Interest Subsidies.
Sec. 423. Student loan information.
Sec. 424. Consolidation loan disclosure.
Sec. 425. Loan forgiveness for service in areas of national need.
`Sec. 428K. Loan forgiveness for service in areas of national need.
Sec. 426. Definition of eligible lender.
Sec. 427. Disability determinations.
Part C--College Work/Study
Sec. 441. Reauthorization.
Sec. 442. Additional funds for off-campus community service.
Part D--Federal Direct Student Loans
Sec. 451. Reauthorization.
Sec. 452. Public service job definition.
Part E--Perkins Loans
Sec. 461. Extension of authority.
Sec. 462. Allowance for books and supplies.
Sec. 463. Agreements with institutions.
Sec. 464. Perkins loan terms and conditions.
Sec. 465. Cancellation for public service.
Part F--Need Analysis
Sec. 471. Cost of attendance.
Part G--General Provisions
Sec. 481. Compliance calendar.
Sec. 482. Improvements to paper and electronic forms and processes.
Sec. 483. Increasing access to technology.
Sec. 484. Sense of the Congress; Report.
Sec. 485. Student eligibility.
Sec. 486. Assessment of costs and other charges.
Sec. 487. Institutional and financial assistance information for students.
Sec. 488. Articulation agreements.
`Sec. 486A. Articulation agreements.
Sec. 489. Program participation agreements.
Sec. 490. Regulatory relief and improvement.
Sec. 491. Advisory Committee on Student Financial Assistance.
Sec. 492. Negotiated rulemaking.
Sec. 493. Technical amendment.
Sec. 494. Campus-based digital theft prevention.
`Sec. 494. Campus-based digital theft prevention.
Part H--Program Integrity
Sec. 496. Recognition of accrediting agency or association.
Sec. 497. Accreditation Ombudsman.
`Sec. 497. Accreditation Ombudsman.
Sec. 498. Program review and data.
Sec. 499. Competitive loan auction pilot program evaluation.
TITLE V--TITLE V AMENDMENTS
Sec. 501. Postbaccalaureate opportunities for Hispanic Americans.
`Part B--Promoting Postbaccalaureate Opportunities for Hispanic Americans
`Sec. 511. Purposes.
`Sec. 512. Program authority and eligibility.
`Sec. 513. Authorized activities.
`Sec. 514. Application and duration.
TITLE VI--TITLE VI AMENDMENTS
Sec. 601. International and foreign language studies.
Sec. 602. Business and international education programs.
Sec. 603. Institute for International Public Policy.
`Sec. 621. Program for foreign service professionals.
Sec. 604. Preparing for early foreign language instruction.
`Part D--Preparing for Early Foreign Language Instruction
`Sec. 631. Preparing for early foreign language instruction.
Sec. 605. Evaluation, outreach, and dissemination.
`Sec. 642. Evaluation, outreach, and dissemination.
Sec. 606. Student safety.
`Sec. 643. Student safety.
Sec. 607. Science and technology advanced foreign language education grant program.
`Sec. 644. Science and technology advanced foreign language education grant program.
Sec. 608. Reporting by Institutions.
`Sec. 645. Reporting by Institutions.
Sec. 609. Federal foreign language education marketing campaign.
TITLE VII--TITLE VII AMENDMENTS
Sec. 701. Javits fellowship program.
Sec. 702. Graduate assistance in areas of national need.
Sec. 703. Thurgood Marshall legal educational opportunity program.
Sec. 704. Patsy T. Mink Fellowship program.
`subpart 4--patsy t. mink fellowship program
`Sec. 722. Patsy T. Mink Fellowships.
Sec. 705. Fund for the improvement of postsecondary education.
Sec. 706. Urban-serving research institutions.
`Part C--Urban-Serving Research Institutions
`Sec. 751. Purpose; program authorized.
`Sec. 752. Application for urban-serving research university grants.
`Sec. 753. Allowable activities.
`Sec. 754. Definitions.
`Sec. 755. Authorization of appropriations.
Sec. 707. Programs to ensure students with disabilities receive a quality higher education.
`subpart 1--quality higher education
`subpart 2--national technical assistance center; commission
on accessible materials; programs to support improved access to
materials
`Sec. 766. National Center.
`Sec. 766A. Establishment of advisory
commission on accessible instructional materials in postsecondary
education for students with disabilities.
`Sec. 766B. Model demonstration programs to
support improved access to post-secondary instructional materials for
students with print disabilities.
`Sec. 766C. Authorization of appropriations.
`subpart 3--transition programs for students with intellectual disabilities into higher education; coordinating center
`Sec. 767. Purpose.
`Sec. 768. Definitions.
`Sec. 769. Model comprehensive transition and postsecondary programs for students with intellectual disabilities.
`Sec. 770. Coordinating center for technical assistance, evaluation, and development of accreditation standards.
`Sec. 770A. Authorization of appropriations.
Sec. 708. Subgrants to nonprofit organizations.
Sec. 709. Nursing education.
`Part F--Nursing Education
`Sec. 776. Additional capacity for R.N. students or graduate-level nursing students.
`Sec. 777. Nurse Faculty Pilot Project.
Sec. 710. National study on higher education access and success for students with disabilities.
TITLE VIII--ADDITIONAL PROGRAMS
Sec. 801. Additional programs.
`TITLE VIII--ADDITIONAL PROGRAMS
`Sec. 800. Authorization of appropriations.
`Part A--Low Tuition
`Sec. 801. Incentives and rewards for low tuition.
`Part B--Cooperative Education
`Sec. 811. Statement of purpose; definition.
`Sec. 812. Reservations.
`Sec. 813. Grants for cooperative education.
`Sec. 814. Demonstration and innovation projects; training and resource centers; and research.
`Part C--College Partnership Grants
`Sec. 821. College Partnership Grants Authorized.
`Part D--Student Success Grants
`Sec. 826. Student success grants.
`Part E--Jobs to Careers
`Sec. 831. Grants to create bridges from jobs to careers.
`Part F--Project GRAD
`Sec. 836. Project GRAD.
`Part G--Improving College Enrollment by Secondary Schools
`Sec. 841. Improving college enrollment by secondary schools.
`Part H--Diploma Mill Prevention
`Sec. 851. Purpose; Definitions.
`Sec. 852. Recognized accrediting agencies and institutions.
`Sec. 853. Accrediting agencies.
`Sec. 854. Task Force.
`Sec. 855. Sense of the Congress regarding use by States of the Federal Plan as guidelines.
`Sec. 856. Unfair and deceptive acts and practices regarding diplomas and professional certifications.
`Part I--Student Safety and Campus Emergency Management
`Sec. 861. Student safety and campus emergency management.
`Sec. 862. Model emergency response policies, procedures, and practices.
`Sec. 863. Preparation for future disasters plan by the Secretary.
`Sec. 864. Education disaster and emergency relief loan program.
`Sec. 865. Guidance on mental health disclosures for student safety.
`Part J--Rural Development Grants for Rural Colleges and Universities
`Sec. 871. Purpose.
`Sec. 872. Definitions.
`Sec. 873. Ensuring college access for rural high school graduates.
`Sec. 874. Economic development partnerships.
`Sec. 875. Quality of life in rural areas.
`Sec. 876. Allocation of appropriations.
`Part K--Improving Science, Technology, Engineering, and
Mathematics Education With a Focus on Alaska Native and Native Hawaiian
Students
`Sec. 880. Improving science, technology,
engineering, and mathematics education with a focus on Alaska Native
and Native Hawaiian students.
`Part L--National Database on Financial Assistance For Study of Science, Technology, Engineering, and Mathematics
`Sec. 881. National Database on Financial Assistance For Study of Science, Technology, Engineering, and Mathematics.
`Part M--Training for Realtime Writers
`Sec. 882. Program to promote training and job placement of realtime writers.
`Part N--Centers of Excellence in Veteran Student Success
`Sec. 883. Model Programs for Centers of Excellence in Veteran Student Success.
`Part O--University Sustainability Programs
`subpart 1--sustainability planning grants
`Sec. 884. Grants authorized.
`subpart 2--summit on sustainability
`Sec. 885. Summit on sustainability.
`Part P--Modeling and Simulation Programs
`Sec. 886. Modeling and Simulation.
Sec. 802. Sense of the Congress; report.
Sec. 803. Independent evaluation of distance education programs.
Sec. 804. Encouraging colleges and universities to `go green'.
Sec. 805. Study of costs of environmental, health, and safety standards.
Sec. 806. Study of minority male academic achievement.
Sec. 807. Study on bias in standardized tests.
Sec. 808. Feasibility study on student loans.
Sec. 809. Endowment report.
TITLE IX--AMENDMENTS TO OTHER LAWS
Part A--Education of the Deaf Act of 1986
Sec. 901. Laurent Clerc National Deaf Education Center.
Sec. 902. Agreement with Gallaudet University.
Sec. 903. Agreement for the National Technical Institute for the Deaf.
Sec. 906. Monitoring, evaluation, and reporting.
Sec. 907. Liaison for educational programs.
Sec. 908. Federal endowment programs for Gallaudet University and the National Technical Institute for the Deaf.
Sec. 909. Oversight and effect of agreements.
Sec. 910. International students.
Sec. 911. Research priorities.
Sec. 912. National study on the education of the deaf.
Sec. 913. Authorization of appropriations.
Part B--Indian Education
subpart 1--tribal colleges and universities
Sec. 921. Reauthorization of the Tribally Controlled College or University Assistance Act of 1978.
`Sec. 105. Technical assistance contracts.
`TITLE V--TRIBALLY CONTROLLED POSTSECONDARY CAREER AND TECHNICAL INSTITUTIONS
`Sec. 501. Definition of tribally controlled postsecondary career and technical institution.
`Sec. 502. Tribally controlled postsecondary career and technical institutions program.
`Sec. 503. Applicability of other laws.
`Sec. 504. Authorization of appropriations.
`Sec. 1. Short title.
subpart 2--navajo higher education
Sec. 931. Reauthorization of Navajo Community College Act.
Part C--Higher Education Amendments of 1998; Higher Education Amendments of 1992
Sec. 941. Grants to States for workplace and community transition training for incarcerated youth offenders.
`Sec. 821. Grants to States for improved workplace and community transition training for incarcerated youth offenders.
Sec. 942. Underground railroad.
Sec. 943. Repeals of Expired and Executed Provisions.
Sec. 944. Olympic Scholarships.
Part D--Justice Department Programs
Sec. 951. Loan repayment for prosecutors and defenders.
`Part JJ--Loan Repayment for Prosecutors and Public Defenders
`Sec. 3111. Grant authorization.
Sec. 952. National center for campus public safety.
Sec. 953. Private loan forgiveness.
Part E--Stevenson-Wydler Technology Innovation Act of 1980
Sec. 961. Establishment of Program.
Sec. 962. Authorization of appropriations.
TITLE X--PRIVATE STUDENT LOAN TRANSPARENCY AND IMPROVEMENT
Sec. 1004. Effective dates.
Subtitle A--Preventing Unfair and Deceptive Private Educational Lending Practices and Eliminating Conflicts of Interest
Sec. 1011. Amendment to the Truth in Lending Act.
`140. Preventing unfair and deceptive private educational lending practices and eliminating conflicts of interest.
Sec. 1012. Civil liability.
Subtitle B--Improved Disclosures for Private Educational Loans
Sec. 1021. Private educational loan disclosures and limitations.
Sec. 1022. Application of Truth in Lending Act to all private educational loans.
Subtitle C--Financial Literacy
Sec. 1031. Coordinated education efforts.
Subtitle D--Study and Report on Nonindividual Information
Sec. 1041. Study and report on nonindividual information.
Subtitle E--Incentives For Low-Cost Educational Loans
Sec. 1051. CRA credit for low-cost educational loans.
SEC. 2. REFERENCE; EFFECTIVE DATE.
(a) References- Except as otherwise expressly provided
therein, whenever in this Act an amendment or repeal is expressed in
terms of an amendment to, or repeal of, a section or other provision,
the reference shall be considered to be made to a section or other
provision of the Higher Education Act of 1965 (20 U.S.C. 1001 et seq.).
(b) Effective Date- Except as otherwise provided in this
Act or the amendments made by this Act, the amendments made by this Act
shall be effective on the date of enactment of this Act.
TITLE I--TITLE I AMENDMENTS
SEC. 101. DEFINITIONS OF INSTITUTION OF HIGHER EDUCATION.
(a) Degree Programs- Section 101(a)(3) (20 U.S.C. 1001(a)(3)) 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 new paragraph:
`(2) a public or nonprofit private educational
institution in any State that, in lieu of the requirement in subsection
(a)(1), admits as regular students persons--
`(A) who are beyond the age of compulsory school attendance in the State in which the institution is located; or
`(B) who will be dually or concurrently enrolled in the institution and a secondary school.'.
(b) International Medical Schools- Section 102(a)(2)(A)(i) (20 U.S.C. 1002(a)(2)(A)(i)(II)) is amended--
(1) by striking `or' at the end of subclause (I); and
(2) by striking subclause (II) and inserting the following:
`(II) the institution has or had a clinical
training program that was approved by a State as of January 1, 1992,
and continues to operate a clinical training program in at least one
State, which is approved by that State; or
`(III) that institution--
`(aa) has a clinical training program that was approved by a State before January 1, 2008;
`(bb) certifies only unsubsidized Stafford or PLUS loans to graduate and professional students attending the institution;
`(cc) agrees to reimburse the Secretary for the cost of
any loan defaults for students included in the institution's cohort
default rate during the previous fiscal year; or'.
(c) Conforming Amendment Concerning 90/10 Enforcement- Section 102(b)(1) (20 U.S.C. 1002(b)(1)) is amended--
(1) by adding `and' after the semicolon in subparagraph (D);
(2) by striking `; and' and inserting a period in subparagraph (E); and
(3) by striking subparagraph (F).
(d) Additional Institutions- Section 102 (20 U.S.C. 1002) is further amended--
(1) by striking subsection (b)(2) and inserting the following:
`(2) ADDITIONAL INSTITUTIONS- The term `proprietary
institution of higher education' also includes a proprietary
educational institution in any State that, in lieu of the requirement
in section 101(a)(1), admits as regular students persons--
`(A) who are beyond the age of compulsory school attendance in the State in which the institution is located; or
`(B) who will be dually or concurrently enrolled in the institution and a secondary school.'; and
(2) by striking subsection (c)(2) and inserting the following:
`(2) ADDITIONAL INSTITUTIONS- The term `postsecondary
vocational institution' also includes an educational institution in any
State that, in lieu of the requirement in section 101(a)(1), admits as
regular students persons--
`(A) who are beyond the age of compulsory school attendance in the State in which the institution is located; or
`(B) who will be dually or concurrently enrolled in the institution and a secondary school.'.
SEC. 102. ADDITIONAL DEFINITIONS.
(a) Amendment- Section 103 (20 U.S.C. 1003) is amended--
(1) by adding at the end the following new paragraphs:
`(17) AUTHORIZING COMMITTEES- The term `authorizing
committees' means the Committee on Health, Education, Labor, and
Pensions of the Senate and the Committee on Education and Labor of the
House of Representatives.
`(18) CRITICAL FOREIGN LANGUAGE- 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.
`(19) DISTANCE EDUCATION-
`(A) IN GENERAL- Except as otherwise provided, the
term `distance education' means education that uses 1 or more of the
technologies described in subparagraph (B)--
`(i) to deliver instruction to students who are separated from the instructor; and
`(ii) to support regular and substantive interaction between the students and the instructor, synchronously or asynchronously.
`(B) INCLUSIONS- For the purposes of subparagraph (A), the technologies used may include--
`(ii) one-way and two-way transmissions through
open broadcast, closed circuit, cable, microwave, broadband lines,
fiber optics, satellite, or wireless communications devices;
`(iii) audio conferencing; or
`(iv) video cassette, DVDs, and CD-ROMs, if the
cassette, DVDs, and CD-ROMs are used in a course in conjunction with
the technologies listed in clauses (i) through (iii).
`(20) HIGH-NEED SCHOOL- Except with respect to title
II, the term `high-need school' means a public or nonprofit private
elementary or secondary school which is in a local educational agency
which is eligible for assistance pursuant to title I of the Elementary
and Secondary Education Act of 1965 in the applicable fiscal year, and
which for the purpose of this paragraph and for that year was
determined by the Secretary (pursuant to regulations and after
consultation with the State educational agency of the State in which
the school is located) to be a school in which the enrollment of
children counted under section 1113(a)(5) of the Elementary and
Secondary Education Act of 1965 exceeds 30 percent of the total
enrollment of that school.
`(21) 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.
`(22) UNIVERSAL DESIGN- The term `universal design'
means a concept or philosophy for designing and delivering products and
services that are usable by people with the widest possible range of
functional capabilities, which include products and services that are
directly accessible (without requiring assistive technologies) and
products and services that are interoperable with assistive
technologies.
`(23) UNIVERSAL DESIGN FOR LEARNING- The term
`universal design for learning' means a research-based framework for
designing curriculum (including goals, methods, materials, and
assessments) that--
`(A) provides curricular flexibility in the ways
information is presented, in the ways students respond or demonstrate
knowledge, and in the ways students are engaged; and
`(B) reduces barriers in instruction and
assessment, provides appropriate supports and challenges, and maintains
high achievement standards for all students, including students with
disabilities.'; and
(2) by reordering paragraphs (1) through (16) and the
paragraphs added by paragraph (1) of this subsection in alphabetical
order based on the headings of such paragraphs, and renumbering such
paragraphs as so reordered.
(b) Conforming Amendments- The Act (20 U.S.C. 1001 et seq.) is amended--
(1) in section 131(a)(3)(B) (20 U.S.C. 1015(a)(3)(B)),
by striking `Committee on Labor and Human Resources of the Senate and
the Committee on Education and the Workforce of the House of
Representatives' and inserting `authorizing committees';
(2) in section 141(d)(4)(B) (20 U.S.C. 1018(d)(4)(B)),
by striking `Committee on Education and the Workforce of the House of
Representatives and the Committee on Labor and Human Resources of the
Senate' and inserting `authorizing committees';
(3) in section 401(f)(3) (20 U.S.C. 1070a(f)(3)), by
striking `to the Committee on Appropriations' and all that follows
through `House of Representatives' and inserting `to the Committee on
Appropriations of the Senate, the Committee on Appropriations of the
House of Representatives, and the authorizing committees';
(4) in section 428 (20 U.S.C. 1078)--
(A) in subsection (c)(9)(K), by striking `House
Committee on Education and the Workforce and the Senate Committee on
Labor and Human Resources' and inserting `authorizing committees';
(B) in the matter following paragraph (2) of
subsection (g), by striking `Committee on Labor and Human Resources of
the Senate and the Committee on Education and the Workforce of the
House of Representatives' and inserting `authorizing committees'; and
(C) in subsection (n)(4), by striking `Committee on
Education and the Workforce of the House of Representatives and the
Committee on Labor and Human Resources of the Senate' and inserting
`authorizing committees';
(5) in section 428A(c) (20 U.S.C. 1078-1(c))--
(A) in the matter preceding subparagraph (A) of
paragraph (2), by striking `Chairperson' and all that follows through
`House of Representatives' and inserting `members of the authorizing
committees';
(B) in paragraph (3), by striking `Chairperson' and
all that follows through `House of Representatives' and inserting
`members of the authorizing committees'; and
(C) in paragraph (5), by striking `Chairperson' and
all that follows through `House of Representatives' and inserting
`members of the authorizing committees';
(6) in section 432 (20 U.S.C. 1082)--
(A) in subsection (f)(1)(C), by striking `the
Committee on Education and the Workforce of the House of
Representatives or the Committee on Labor and Human Resources of the
Senate' and inserting `either of the authorizing committees'; and
(B) in the matter following subparagraph (D) of
subsection (n)(3), by striking `Committee on Education and the
Workforce of the House of Representatives and the Committee on Labor
and Human Resources of the Senate' and inserting `authorizing
committees';
(7) in section 437(c)(1) (20 U.S.C. 1087(c)(1)), by
striking `Committee on Education and the Workforce of the House of
Representatives and the Committee on Labor and Human Resources of the
Senate' and inserting `authorizing committees';
(8) in section 439 (20 U.S.C. 1087-2)--
(A) in subsection (d)(1)(E)(iii), by striking
`advise the Chairman' and all that follows through `House of
Representatives' and inserting `advise the members of the authorizing
committees';
(i) in paragraph (3), by striking `inform the
Chairman' and all that follows through `House of Representatives,' and
inserting `inform the members of the authorizing committees';
(ii) in paragraph (5)(B), by striking `plan, to
the Chairman' and all that follows through `Education and Labor' and
inserting `plan, to the members of the authorizing committees';
(iii) in paragraph (6)(B)--
(I) by striking `plan, to the Chairman' and
all that follows through `House of Representatives' and inserting
`plan, to the members of the authorizing committees'; and
(II) by striking `Chairmen and ranking
minority members of such Committees' and inserting `members of the
authorizing committees';
(iv) in paragraph (8)(C), by striking
`implemented to the Chairman' and all that follows through `House of
Representatives, and' and inserting `implemented to the members of the
authorizing committees, and to'; and
(v) in the matter preceding subparagraph (A) of
paragraph (10), by striking `days to the Chairman' and all that follows
through `Education and Labor' and inserting `days to the members of the
authorizing committees'; and
(C) in subsection (s)(2)--
(i) in the matter preceding clause (i) of
subparagraph (A), by striking `Treasury and to the Chairman' and all
that follows through `House of Representatives' and inserting `Treasury
and to the members of the authorizing committees'; and
(ii) in subparagraph (B), by striking `Treasury
and to the Chairman' and all that follows through `House of
Representatives' and inserting `Treasury and to the members of the
authorizing committees';
(9) in section 455(b)(8)(B) (20 U.S.C. 1087e(b)(8)(B)),
by striking `Committee on Labor and Human Resources of the Senate and
the Committee on Education and the Workforce of the House of
Representatives' and inserting `authorizing committees';
(10) in section 482(d) (20 U.S.C. 1089(d)), by striking
`Committee on Labor and Human Resources of the Senate and the Committee
on Education and Labor of the House of Representatives' and inserting
`authorizing committees';
(11) in section 483(c) (20 U.S.C. 1090(c)), by striking
`Committee on Labor and Human Resources of the Senate and the Committee
on Education and the Workforce of the House of Representatives' and
inserting `authorizing committees';
(12) in section 485 (20 U.S.C. 1092)--
(A) in subsection (f)(5)(A), by striking `Committee
on Education and the Workforce of the House of Representatives and the
Committee on Labor and Human Resources of the Senate' and inserting
`authorizing committees'; and
(B) in subsection (g)(4)(B), by striking `Committee
on Education and the Workforce of the House of Representatives and the
Committee on Labor and Human Resources of the Senate' and inserting
`authorizing committees';
(13) in section 486 (20 U.S.C. 1093)--
(A) in subsection (e), by striking `Committee on
Labor and Human Resources of the Senate and the Committee on Education
and the Workforce of the House of Representatives' and inserting
`authorizing committees'; and
(B) in subsection (f)(3)--
(i) in the matter preceding clause (i) of
subparagraph (A), by striking `Committee on Labor and Human Resources
of the Senate and the Committee on Education and the Workforce of the
House of Representatives' and inserting `authorizing committees'; and
(ii) in the matter preceding clause (i) of
subparagraph (B), by striking `Committee on Labor and Human Resources
of the Senate and the Committee on Education and the Workforce of the
House of Representatives' and inserting `authorizing committees';
(14) in section 487A(a)(5) (20 U.S.C. 1094a(a)(5)), by
striking `Committee on Labor and Human Resources of the Senate and the
Committee on Education and the Workforce of the House of
Representatives' and inserting `authorizing committees'; and
(15) in section 498B(d) (20 U.S.C. 1099c-2(d))--
(A) in paragraph (1), by striking `Committee on
Labor and Human Resources of the Senate and the Committee on Education
and the Workforce of the House of Representatives' and inserting
`authorizing committees'; and
(B) in paragraph (2), by striking `Committee on
Labor and Human Resources of the Senate and the Committee on Education
and the Workforce of the House of Representatives' and inserting
`authorizing committees'.
SEC. 103. TREATMENT OF TERRITORIES AND TERRITORIAL STUDENT ASSISTANCE.
Section 113 (20 U.S.C. 1011b) is amended--
(1) by striking `treatment of territories and
territorial student assistance' in the heading of such section and
inserting `territorial waiver authority'; and
(2) by striking `(a) WAIVER AUTHORITY- '; and
(3) by striking subsection (b).
SEC. 104. NATIONAL ADVISORY COMMITTEE ON INSTITUTIONAL QUALITY AND INTEGRITY.
Section 114 (20 U.S.C. 1011c) is amended to read as follows:
`SEC. 114. NATIONAL ADVISORY COMMITTEE ON INSTITUTIONAL QUALITY AND INTEGRITY.
`(a) Establishment- There is established in the Department
a National Advisory Committee on Institutional Quality and Integrity
(in this section referred to as the `Committee') to assess the process
of accreditation and the institutional eligibility and certification of
such institutions under title IV.
`(1) IN GENERAL- The Committee shall have 15 members, of which--
`(A) 5 members shall be appointed by the Secretary;
`(B) 5 members shall be appointed by the Speaker of
the House of Representatives upon the recommendation of the majority
leader and minority leader of the House of Representatives; and
`(C) 5 members shall be appointed by the President
pro tempore of the Senate upon the recommendation of the majority
leader and minority leader of the Senate.
`(2) QUALIFICATIONS- Individuals shall be appointed as members of the Committee on--
`(A) the basis of the individuals' experience, integrity, impartiality, and good judgment;
`(B) from among individuals who are representatives
of, or knowledgeable concerning, education and training beyond
secondary education, representatives of all sectors and types of
institutions of higher education (as defined in section 102); and
`(C) on the basis of the individuals' technical
qualifications, professional standing, and demonstrated knowledge in
the fields of accreditation and administration in higher education.
`(3) TERMS OF MEMBERS- 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.
`(5) INITIAL TERMS- The terms of office for the initial members of the Committee shall be--
`(A) 3 years for members appointed under paragraph (1)(A);
`(B) 4 years for members appointed under paragraph (1)(B); and
`(C) 6 years for members appointed under paragraph (1)(C).
`(6) CHAIRPERSON- The members of the Committee shall select a chairperson from among the members.
`(c) Functions- The Committee shall--
`(1) advise the Secretary with respect to establishment
and enforcement of the standards of accrediting agencies or
associations under subpart 2 of part H of title IV;
`(2) advise the Secretary with respect to the recognition of a specific accrediting agency or association;
`(3) advise the Secretary with respect to the
preparation and publication of the list of nationally recognized
accrediting agencies and associations;
`(4) advise the Secretary with respect to the
eligibility and certification process for institutions of higher
education under title IV, together with recommendations for
improvements in such process;
`(5) advise the Secretary with respect to the relationship between--
`(A) accreditation of institutions of higher education and the certification and eligibility of such institutions; and
`(B) State licensing responsibilities with respect to such institutions;
`(6) take into consideration the complaints, and the
resolution of such complaints, received by the ombudsman described in
section 497 when advising the Secretary with respect to the recognition
of a specific accrediting agency or association; and
`(7) carry out such other advisory functions relating
to accreditation and institutional eligibility as the Secretary may
prescribe in regulation.
`(A) BIANNUAL MEETINGS- The Committee shall meet not less often than twice each year, at the call of the Chairperson.
`(B) PUBLICATION OF DATE- The Committee shall
submit the date and location of each meeting in advance to the
Secretary, and the Secretary shall publish such information in the
Federal Register not later than 30 days before the meeting.
`(A) ESTABLISHMENT- The agenda for a meeting of the
Committee shall be established by the Chairperson and shall be
submitted to the members of the Committee upon notification of the
meeting.
`(B) OPPORTUNITY FOR PUBLIC COMMENT- The agenda
shall include, at a minimum, opportunity for public comment during the
Committee's deliberations.
`(3) 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.
`(4) FEDERAL ADVISORY COMMITTEE ACT- The provisions of
the Federal Advisory Committee Act (5 U.S.C. App.) shall apply to the
Committee, except that section 14 of such Act shall not apply.
`(1) NOTICE- The Secretary shall annually publish in the Federal Register--
`(A) a list containing, for each member of the Committee--
`(ii) the date of the expiration of the member's term of office; and
`(iii) the individual described in subsection (b)(1) who appointed the member; and
`(B) a solicitation of nominations for each expiring term of office on the Committee of a member appointed by the Secretary.
`(2) REPORT- Not later than September 30 of each year,
the Committee shall make an annual report to the Secretary, the
authorizing committees, and the public. The annual report shall
contain--
`(A) a detailed summary of the agenda and
activities of, and the findings and recommendations made by, the
Committee during the preceding fiscal year;
`(B) a list of the date and location of each meeting during the preceding fiscal year;
`(C) a list of the members of the Committee and appropriate contact information; and
`(D) a list of the functions of the Committee,
including any additional functions established by the Secretary through
regulation.
`(f) Termination- The Committee shall terminate on September 30, 2012.'.
SEC. 105. DRUG AND ALCOHOL ABUSE PREVENTION.
Section 120 (20 U.S.C. 1011i) is amended--
(1) in subsection (a)(2)--
(A) in subparagraph (A), by striking `and' after the semicolon;
(B) by redesignating subparagraph (B) as subparagraph (D); and
(C) by inserting after subparagraph (A) (as amended by subparagraph (A) of this paragraph) the following:
`(B) determine the number of drug and alcohol-related incidents and fatalities that--
`(i) occur on the institution's property or as part of any of the institution's activities; and
`(ii) are reported to the institution;
`(C) determine the number and type of sanctions
described in paragraph (1)(E) that are imposed by the institution as a
result of drug and alcohol-related incidents and fatalities on the
institution's property or as part of any of the institution's
activities; and';
(2) in subsection (e)(5), by striking `1999' and inserting `2009'; and
(3) by striking subsection (f).
SEC. 106. PRIOR RIGHTS AND OBLIGATIONS.
Section 121(a) (20 U.S.C. 1011j(a)) is amended--
(1) in paragraph (1), by striking `1999 and for each of
the 4 succeeding fiscal years' and inserting `2009 and for each
succeeding fiscal year'; and
(2) in paragraph (2), by striking `1999 and for each of
the 4 succeeding fiscal years' and inserting `2009 and for each
succeeding fiscal year'.
SEC. 107. IMPROVED INFORMATION CONCERNING THE FEDERAL STUDENT FINANCIAL AID WEBSITE.
Section 131 (20 U.S.C. 1015) is amended by adding at the end the following new subsections:
`(e) Promotion of the Department of Education Federal Student Financial Aid Website- The Secretary--
`(1) shall display a link to the Federal student
financial aid website of the Department of Education in a prominent
place on the homepage of the Department of Education website; and
`(2) may use administrative funds available for the
Department's operations and expenses for the purpose of advertising and
promoting the availability of the Federal student financial aid website.
`(f) Promotion of Availability of Information Concerning Student Financial Aid Programs of Other Departments and Agencies-
`(1) AVAILABILITY OF INFORMATION- The Secretary shall
ensure that the eligibility requirements, application procedures,
financial terms and conditions, and other relevant information for each
non-departmental student financial assistance program are easily
accessible through the Federal student financial aid website and are
incorporated into the search matrix on such website in a manner that
permits students and parents to readily identify the programs that are
appropriate to their needs and eligibility.
`(2) AGENCY RESPONSE- Each Federal department and
agency shall promptly respond to surveys or other requests for the
information required by paragraph (1), and shall identify for the
Secretary any non-departmental student financial assistance program
operated, sponsored, or supported by such Federal department or agency.
`(3) DEFINITION- For purposes of this subsection, the
term `non-departmental student financial assistance program' means any
grant, loan, scholarship, fellowship, or other form of financial aid
for students pursuing a postsecondary education that is--
`(A) distributed directly to the student or to the student's account at the institution of higher education; and
`(B) operated, sponsored, or supported by a Federal department or agency other than the Department of Education.'.
SEC. 108. STATE COMMITMENT TO AFFORDABLE COLLEGE EDUCATION.
Part C of title I (20 U.S.C. 1015) is amended by adding at the end the following new section:
`SEC. 132. STATE COMMITMENT TO AFFORDABLE COLLEGE EDUCATION.
`(a) Maintenance of Effort Required- No State shall reduce
the total amount provided by the State for public institutions of
higher education in such State for any academic year beginning on or
after July 1, 2008, to an amount which is less than the average amount
provided by such State to such institutions of higher education during
the 5 most recent preceding academic years for which satisfactory data
is available.
`(b) Waiver- The Secretary shall waive the requirements of
subsection (a), if the Secretary determines that such a waiver would be
equitable due to exceptional or uncontrollable circumstances, such as a
natural disaster or a precipitous and unforeseen decline in the
financial resources of a State educational agency.
`(c) Violation of Maintenance of Effort- Notwithstanding
any other provision of law, the Secretary of Education shall withhold
from any State that violates subsection (a) and does not receive a
waiver pursuant to subsection (b) any amount that would otherwise be
available to the State under section 415E until such State has made
significant efforts to correct such violation.
`(d) Research Into Cost Containment Methods- The Secretary is authorized--
`(1) to identify methods of cost containment currently
utilized by institutions of higher education and systems of such
institutions, and research into other possible methods of cost
containment;
`(A) the information obtained by such research to such institutions and systems; and
`(B) other research that has identified successful methods of cost containment;
`(3) to publicly recognize institutions of higher education that are doing an effective job at cost containment; and
`(4) to work together with such institutions and systems to implement these methods.'.
SEC. 109. TRANSPARENCY IN COLLEGE TUITION FOR CONSUMERS.
Part C of title I (20 U.S.C. 1015) is further amended by
adding after section 132 (as added by section 108 of this Act) the
following new section:
`SEC. 133. TRANSPARENCY IN COLLEGE TUITION FOR CONSUMERS.
`(a) 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 College Opportunity and Affordability Act 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. Prior to the
completion of the higher education price index, the Secretary is
authorized to use an alternative, comparable index.
`(2) DEVELOPMENT- The higher education price index
under paragraph (1) shall be developed for each of the following
categories:
`(A) 4-year public institutions of higher education.
`(B) 4-year private, nonprofit institutions of higher education.
`(C) 4-year private, for-profit institutions of higher education.
`(D) 2-year public institutions of higher education.
`(E) 2-year private, nonprofit institutions of higher education.
`(F) 2-year private, for-profit institutions of higher education.
`(G) Less than 2-year public institutions of higher education.
`(H) Less than 2-year private, nonprofit institutions of higher education.
`(I) Less than 2-year private, for-profit institutions of higher education.
`(J) All types of institutions described in subparagraphs (A) through (I).
`(1) IN GENERAL- The Secretary shall make publicly
available on an annual basis, in a sortable electronic format on the
College Navigator website, a national list ranking institutions of
higher education according to the percentage change and dollar change
in such institutions' tuition and fees over the preceding 3 years. Such
list shall be capable of being sorted by State, by category as
determined under paragraph (2), by percentage change, and by dollar
change. The purpose of such list is to provide consumers with general
information on pricing trends among institutions of higher education
nationally and in each State.
`(2) CATEGORIES- The categories to be used for the list described in paragraph (1) are the following:
`(A) 4-year public institutions of higher education.
`(B) 4-year private, nonprofit institutions of higher education.
`(C) 4-year private, for-profit institutions of higher education.
`(D) 2-year public institutions of higher education.
`(E) 2-year private, nonprofit institutions of higher education.
`(F) 2-year private, for-profit institutions of higher education.
`(G) Less than 2-year public institutions of higher education.
`(H) Less than 2-year private, nonprofit institutions of higher education.
`(I) Less than 2-year private, for-profit institutions of higher education.
`(3) HIGHER EDUCATION PRICE INCREASE WATCH LISTS-
Effective July 1, 2008, the Secretary shall annually update and make
publicly available on the College Navigator website, the national list
developed under paragraph (1), and the list for each State, ranking
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--
`(A) be known as the `Higher Education Price Increase Watch Lists';
`(B) report the full price of tuition and fees at the institution and the net price;
`(C) include data cells for common expenditures for institutions to utilize;
`(D) where applicable, report the average price of
room and board for students living on campus at the institution, except
that such price shall not be used in determining whether an
institution's cost outpaces such institution's applicable higher
education price index; and
`(E) be compiled by the Secretary in a public
document to be widely published and disseminated in paper form and
through the website of the Department.
`(4) QUALITY EFFICIENCY TASK FORCES-
`(A) REQUIRED- Each institution subject to
paragraph (3) shall establish a quality-efficiency task force to review
the operations of such institution.
`(B) FUNCTIONS- Such task force shall analyze
institutional operating costs in comparison with such costs at other
institutions within the same class of institutions. Such analysis shall
identify areas where, in comparison with other institutions in such
class, the institution operates more expensively to produce a similar
result. Any identified areas shall then be targeted for in-depth
analysis for cost reduction opportunities.
`(C) REPORT- The results of the analysis by a
quality-efficiency task force under this paragraph shall be made
available to the public on the College Navigator website.
`(5) EXEMPTIONS- Notwithstanding paragraph (3), an
institution shall not be placed on the higher education watch list if,
for any 3-year interval for the computed price under paragraph (1)--
`(A) with respect to the class of institutions
described in paragraph (2) to which the institution belongs, the
computed price of the institution is in the lowest quartile of
institutions within such class, as determined by the Secretary, during
the last year of such 3-year interval; or
`(B) the institution has a percentage change in its
full price computed under paragraph (3) that exceeds the higher
education price index, or exceeds the applicable higher education price
index over the same time period, but the dollar amount of the full
price increase is less than $500.
`(6) STATE HIGHER EDUCATION APPROPRIATIONS CHART- The
Secretary shall annually report on the Department's website, in charts
for each State--
`(A) a comparison of the percentage change in State
appropriations per enrolled student in a public institution of higher
education in the State to the percentage change in tuition and fees for
each public institution of higher education in the State for each of
the previous 5 years; and
`(B) the total amount of need-based and merit-based
aid provided by the State to students enrolled in an institution of
higher education in the State.
`(d) Net Price Calculator-
`(1) DEVELOPMENT- Not later than 1 year after the date
of enactment of the College Opportunity and Affordability Act of 2007,
the Secretary shall, in consultation with institutions of higher
education, develop 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:
`(A) 4-year public institutions of higher education.
`(B) 4-year private, nonprofit institutions of higher education.
`(C) 4-year private, for-profit institutions of higher education.
`(D) 2-year public institutions of higher education.
`(E) 2-year private, nonprofit institutions of higher education.
`(F) 2-year private, for-profit institutions of higher education.
`(G) Less than 2-year public institutions of higher education.
`(H) Less than 2-year private, nonprofit institutions of higher education.
`(I) Less than 2-year private, for-profit institutions of higher education.
`(3) USE OF NET PRICE CALCULATOR BY INSTITUTIONS- Not
later than 3 years after the date of enactment of the College
Opportunity and Affordability Act of 2007, each institution of higher
education that receives Federal funds under this Act shall adopt and
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--
`(A) based on a model calculator developed by the Department; or
`(B) developed by the institution of higher education.
`(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) UNIVERSITY AND COLLEGE ACCOUNTABILITY NETWORK- Not
later than 1 year after the date of enactment of the College
Opportunity and Affordability Act of 2007, the Secretary shall develop
a model format for annually publicly displaying 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:
`(A) A statement of the institution's mission and specialties.
`(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.
`(E) Percentage of male and female undergraduate students enrolled at the institution.
`(F) Percentage of enrolled undergraduate students
from the State in which the institution is located, from other States,
and from other countries.
`(G) Percentage of enrolled undergraduate students at the institution by race and ethnic background.
`(H) 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.
`(L) The undergraduate major areas of study with the highest number of degrees awarded.
`(M) The student-faculty ratio, and number of
full-time, part-time, and adjunct faculty, and graduate teaching and
research assistants with instructional responsibilities, at the
institution.
`(N) Percentage of faculty at the institution with the highest degree in their field.
`(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 3 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--
`(i) full-time undergraduate students living on campus;
`(ii) full-time undergraduate students living off-campus; and
`(iii) in the case of students attending a
public institution of higher education, such costs for in-State and
out-of-State students living on and off-campus.
`(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.
`(U) The number of students receiving Federal Pell Grants at the institution.
`(V) The average net price for all undergraduate students enrolled at the institution.
`(W) The percentage of first-year undergraduate students enrolled at the institution who live on campus and off campus.
`(X) Information on the policies of the institution related to transfer of credit from other institutions.
`(Y) Information on campus safety required to be collected under section 485(f).
`(Z) 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.
`(AA) Links to the appropriate sections of the
institution's website that provide information on services offered by
the institution to students during and after college, such as
internship opportunities, career and placement services, and
preparation for further education.
`(2) CONSULTATION- The Secretary shall ensure that
current and prospective college students, family members of such
students, and institutions of higher education are consulted in
carrying out paragraph (1).
`(g) Student Aid Recipient Survey-
`(1) SURVEY REQUIRED- The Secretary shall conduct a
survey of student aid recipients under title IV on a regular cycle and
State-by-State basis, but not less than once every 4 years--
`(A) to identify the population of students receiving Federal student aid;
`(B) to describe the income distribution and other socioeconomic characteristics of federally-aided students;
`(C) to describe the combinations of aid from State, Federal, and private sources received by students from all income groups;
`(D) to describe the debt burden of educational
loan recipients and their capacity to repay their education debts, and
the impact of such debt burden on career choices;
`(E) to describe the role played by the price of
postsecondary education in the determination by students of what
institution to attend; and
`(F) to describe how the increased costs of
textbooks and other instructional materials affects the costs of
postsecondary education to students.
`(2) SURVEY DESIGN- The survey shall be representative
of full-time and part-time, undergraduate, graduate, professional, and
current and former students in all types of institutions, and designed
and administered in consultation with the Congress and the
postsecondary education community.
`(3) DISSEMINATION- The Commissioner of Education
Statistics shall disseminate the information resulting from the survey
in both printed and electronic form.
`(h) Regulations- The Secretary is authorized to issue such
regulations as may be necessary to carry out the provisions of this
section.'.
SEC. 110. TEXTBOOK INFORMATION.
Part C of title I (20 U.S.C. 1015) is further amended by
adding after section 133 (as added by section 109 of this Act) the
following new section:
`SEC. 134. TEXTBOOK INFORMATION.
`(a) Purpose and Intent- The purpose of this section is to
ensure that every student in higher education is offered better and
more timely access to affordable course materials by educating and
informing faculty, students, administrators, institutions of higher
education, bookstores, distributors, and publishers on all aspects of
the selection, purchase, sale, and use of the course materials. It is
the intent of this section--
`(1) to have all involved parties work together to
identify ways to decrease the cost of college textbooks and
supplemental materials for students while protecting the academic
freedom of faculty members to select high quality course materials for
students;
`(A) college textbook publishers and distributors
to work with faculty to promote understanding of the cost to students
of purchasing faculty selected textbooks, including the disclosure of
prices and bundling practices;
`(B) college bookstores to work with faculty to
review timelines and processes for ordering and stocking course
materials, and disclose costs to faculty and students in a timely
manner;
`(C) institutions of higher education to implement numerous options to address college textbook affordability;
`(D) institutions of higher education should work
with student organizations to help students understand the factors
driving textbook costs and available methods and resources to mitigate
the effects of those costs; and
`(E) innovation in the development and use of
course materials (including course materials utilizing the principles
of universal design) and technologies that can help students receive
the full value of their educational investment.
`(b) Definitions- In this section:
`(1) BUNDLE- The term `bundle' means one or more
college textbooks or other supplemental learning materials that may be
packaged together to be sold as course materials for one price.
`(2) COLLEGE TEXTBOOK- The term `college textbook'
means a textbook or a set of textbooks, used for, or in conjunction
with, a course in postsecondary education at an institution of higher
education.
`(3) COURSE SCHEDULE- The term `course schedule' means
a listing of the courses or classes offered by an institution of higher
education for an academic period, as defined by the institution.
`(4) CUSTOM TEXTBOOK- The term `custom textbook' means
a college textbook that is compiled at the direction of a faculty
member or other person or adopting entity in charge of selecting course
materials at an institution of higher education, and may include, alone
or in combination, items such as selections from original instructor
materials, previously copyrighted publisher materials, copyrighted
third-party works, and elements unique to a specific institution, such
as commemorative editions.
`(5) INSTITUTION OF HIGHER EDUCATION- The term
`institution of higher education' has the meaning given the term in
section 102.
`(6) INTEGRATED TEXTBOOK- The term `integrated
textbook' means a college textbook that is combined with materials
developed by a third party which, by third-party contractual
agreements, may not be offered by publishers separately from the
college textbook with which the materials are combined.
`(7) PUBLISHER- The term `publisher' means a publisher
of college textbooks or supplemental materials involved in or affecting
interstate commerce.
`(8) SUBSTANTIAL CONTENT- The term `substantial
content' means parts of a college textbook, such as new chapters,
additional eras of time, new themes, or new subject matter.
`(9) SUPPLEMENTAL MATERIAL- The term `supplemental
material' means educational material developed to accompany a college
textbook, which--
`(A) may include printed materials, computer disks, website access, and electronically distributed materials; and
`(B) is not bound by third-party contractual agreements to be sold in an integrated textbook.
`(c) Publisher Requirements-
`(1) COLLEGE TEXTBOOK PRICING INFORMATION- When a
publisher provides a faculty member or other person or adopting entity
in charge of selecting course materials at an institution of higher
education with information regarding a college textbook or supplemental
material, the publisher shall include, with any such information and in
writing, the following:
`(A) The price at which the publisher would make
the college textbook or supplemental material available to the
bookstore on the campus of, or otherwise associated with, such
institution of higher education.
`(B) The copyright dates of all previous editions of such college textbook, if any.
`(C) The substantial content revisions made between
the current edition of the college textbook or supplemental material
and the previous edition, if any.
`(D) Whether the college textbook or supplemental
material is available in any other format, including paperback and
unbound, and the price at which the publisher would make the college
textbook or supplemental material in the other format available to the
bookstore on the campus of, or otherwise associated with, such
institution of higher education.
`(2) UNBUNDLING OF COLLEGE TEXTBOOKS FROM SUPPLEMENTAL
MATERIALS- A publisher that sells a college textbook and any
supplemental material accompanying such college textbook as a single
bundled item shall also make available the college textbook and each
supplemental material as separate and unbundled items, each separately
priced.
`(3) CUSTOM TEXTBOOKS- To the maximum extent
practicable, publishers shall provide the information required under
this subsection with respect to the development and provision of custom
textbooks.
`(d) Provision of ISBN College Textbook Information in Course Schedules-
`(1) INTERNET COURSE SCHEDULES- Each institution of higher education, to the maximum extent practicable, shall--
`(A) disclose the International Standard Book
Number and retail price information of required and recommended
textbooks, related materials, and supplies for each course listed in
the institution's course schedule used for pre-registration and
registration purposes;
`(B) if the International Standard Book Number is
not available for the items listed in subparagraph (A), the institution
shall use the author, title, publisher, and copyright date; and
`(C) if the institution determines that the
disclosure of the information described in the preceding paragraphs for
a course is not practicable, for a textbook, related material, or
supply, then it should indicate so by placing the designation `To Be
Determined' in lieu of the information required under such paragraphs.
`(2) WRITTEN COURSE SCHEDULES- In the case of an
institution of higher education that receives Federal assistance and
that does not publish the institution's course schedule for the
subsequent academic period on the Internet, the institution of higher
education shall include the information required under paragraph (1) in
any printed version of the institution's course schedule as it is
available at the time of the course schedule's printing.
`(e) Availability of Information for College Bookstores- An
institution of higher education shall make available, as soon as is
practicable, upon the request of any college bookstore, the most
accurate information available regarding--
`(1) the institution's course schedule for the subsequent academic period; and
`(2) for each course or class offered by the institution for the subsequent academic period--
`(A) the information required by subsection (d)(1)
for each college textbook or supplemental material required or
recommended for such course or class;
`(B) the number of students enrolled in such course or class; and
`(C) the maximum student enrollment for such course or class.
`(f) Rule of Construction- Nothing in this section shall be
construed to supercede institutional autonomy or academic freedom of
instructors involved in the selection of college textbooks and
classroom materials.'.
SEC. 111. INSTITUTION AND LENDER REPORTING AND DISCLOSURE REQUIREMENTS.
Title I (20 U.S.C. 1001 et seq.) is amended by adding at the end the following:
`PART E--LENDER AND INSTITUTION REQUIREMENTS RELATING TO EDUCATIONAL LOANS
`SEC. 151. DEFINITIONS.
`(1) COVERED INSTITUTION- The term `covered institution'--
`(A) means any educational institution that offers
a postsecondary educational degree, certificate, or program of study
(including any institution of higher education, as such term is defined
in section 102) and receives any Federal funding or assistance; and
`(B) includes an authorized agent of the
educational institution (including an alumni association, booster club,
or other organization directly or indirectly authorized by such
institution) or an employee of such institution.
`(2) EDUCATIONAL LOAN- The term `educational loan' (except when used as part of the term `private educational loan') means--
`(A) any loan made, insured, or guaranteed under title IV; or
`(B) a private educational loan (as defined in paragraph (6)).
`(3) PREFERRED LENDER ARRANGEMENT- The term `preferred lender arrangement'--
`(A) means an arrangement or agreement between a lender and a covered institution--
`(i) under which arrangement or agreement a
lender provides or otherwise issues educational loans to the students
attending the covered institution or the parents of such students; and
`(ii) which arrangement or agreement relates to
the covered institution recommending, promoting, or endorsing the
educational loan product of the lender; and
`(i) arrangements or agreements with respect to loans under parts D or E of title IV; or
`(ii) arrangements or agreements with respect to loans under section 499(b).
`(A) IN GENERAL- The term `lender'--
`(i) means a creditor, except that such term
shall not include an issuer of credit secured by a dwelling or under an
open end credit plan; and
`(ii) includes an agent of a lender.
`(B) INCORPORATION OF TILA DEFINITIONS- The terms
`creditor', `dwelling' and `open end credit plan' have the meanings
given such terms in section 103 of the Truth in Lending Act (15 U.S.C.
1602).
`(5) OFFICER- The term `officer' includes a director or
trustee of an institution, if such individual is treated as an employee
of the covered institution.
`(6) PRIVATE EDUCATIONAL LOAN- The term `private educational loan' means a private loan provided by a lender that--
`(A) is not made, insured, or guaranteed under title IV; and
`(B) is issued by a lender expressly for
postsecondary educational expenses to a student, or the parent of the
student, regardless of whether the loan involves enrollment
certification by the educational institution that the student attends.
`(7) POSTSECONDARY EDUCATIONAL EXPENSES- The term
`postsecondary educational expenses' means any of the expenses that are
included as part of a student's cost of attendance, as defined under
section 472.
`SEC. 152. REQUIREMENTS FOR LENDERS AND INSTITUTIONS PARTICIPATING IN PREFERRED LENDER ARRANGEMENTS.
`(a) Certification by Lenders- In addition to any other
disclosure required under Federal law, each lender that participates in
one or more preferred lender arrangements shall annually certify its
compliance with the requirements of this Act. Such compliance of such
preferred lender arrangement shall be reported on and attested to
annually by the auditor of such lender in the audit conducted pursuant
to section 428(b)(1)(U)(iii).
`(b) Provision of Loan Information- A lender may not
provide a private educational loan to a student attending a covered
institution with which the lender has a preferred lender arrangement,
or the parent of such student, until the covered institution has
informed the student or parent of their remaining options for borrowing
under title IV, including information on any terms and conditions of
available loans under such title that may be more favorable to the
borrower.
`(c) Use of Institution Name-
`(1) IN GENERAL- A covered institution that has entered
into a preferred lender arrangement with a lender regarding private
educational loans shall not agree to the lender's use of the name,
emblem, mascot, or logo of the institution, or other words, pictures,
or symbols readily identified with the institution, in the marketing of
private educational loans to the students attending the institution in
any way that implies that the institution endorses the private
educational loans offered by the lender.
`(2) APPLICABILITY- Paragraph (1) shall apply to any
preferred lender arrangement, or extension of such arrangement, entered
into or renewed after the date of enactment of the College Opportunity
and Affordability Act of 2007.
`SEC. 153. INTEREST RATE REPORT FOR INSTITUTIONS AND LENDERS PARTICIPATING IN PREFERRED LENDER ARRANGEMENTS.
`(a) Duties of the Secretary-
`(1) REPORT AND MODEL FORMAT- Not later than 180 days
after the date of enactment of the College Opportunity and
Affordability Act of 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) develop and prescribe by regulation a model
disclosure form to be used by lenders and covered institutions in
carrying out subsections (b) and (c) that--
`(i) will be easy for students and parents to read and understand;
`(ii) will be easily usable by lenders, institutions, guaranty agencies, and loan servicers;
`(iii) will provide students and parents with
the relevant, meaningful, and standard information about the terms and
conditions for both Federal and private educational loans;
`(iv) is based on the report's findings and developed in consultation with--
`(II) representatives of covered
institutions, including financial aid administrators, registrars,
business officers, and student affairs officials;
`(V) guaranty agencies; and
`(VI) with respect to the requirements of
clause (vi) concerning private educational loans, the Board of
Governors of the Federal Reserve System;
`(v) provides information on the applicable
interest rates and other terms and conditions of the educational loans
provided by a lender to students attending the institution, or the
parents of such students, disaggregated by each type of educational
loan (including opportunity pools as defined in section 155(f))
provided to such students or parents by the lender, including--
`(I) the rate of interest, or the potential
range of rates of interest, applicable to the loan, and whether such
rates are fixed or variable;
`(II) limitations, if any, on interest rate adjustments, both in terms of frequency and amount, or lack thereof;
`(III) co-borrower requirements, including changes in interest rates;
`(IV) any fees associated with the loan;
`(V) the repayment terms available on the loan;
`(VI) the opportunity for deferment or
forbearance in repayment of the loan, including whether the loan
payments can be deferred if the student is in school;
`(VII) any additional terms and conditions
applied to the loan, including any benefits that are contingent on the
repayment behavior of the borrower;
`(VIII) the annual percentage rate for such
loans, computed determined in the manner required under section 107 of
the Truth in Lending Act (15 U.S.C. 1606);
`(IX) an example of the total cost of the educational loan over the life of the loan which shall be calculated--
`(aa) using a principal amount and the maximum rate of interest actually offered by the lender; and
`(bb) both with and without capitalization of interest, if that is an option for postponing interest payments;
`(X) the consequences for the borrower
of defaulting on a loan, including any limitations on the discharge of
an educational loan in bankruptcy;
`(XI) contact information for the lender; and
`(XII) any philanthropic contributions made
by the lender to the covered institution, including the purpose of the
contribution and any conditions related to its use; and
`(vi) provides, in addition, with respect to
private educational loans, the following information with respect to
loans made by each lender recommended by the covered institution:
`(I) the method of determining the interest rate of the loan;
`(II) potential finance charges, late fees,
penalties, and adjustments to principal, based on defaults or late
payments of the borrower; and
`(III) such other information as the Secretary may require; and
`(C)(i) submit the report and model disclosure form to the authorizing committees; and
`(ii) make the report and model disclosure form available to covered institutions, lenders, and the public.
`(2) MODEL FORM UPDATE- Not later than 1 year after the
submission of the report and model disclosure form described in
paragraph (1)(B), the Secretary shall--
`(A) assess the adequacy of the model disclosure form;
`(B) after consulting with students,
representatives of covered institutions (including financial aid
administrators, registrars, business officers, and student affairs
officials), lenders, loan servicers, guaranty agencies, and the Board
of Governors of the Federal Reserve System--
`(i) prepare a list of any improvements to the model disclosure form that have been identified as beneficial to borrowers; and
`(ii) update the model disclosure form after taking such improvements into consideration; and
`(C)(i) submit the list of improvements and updated model disclosure form to the authorizing committees; and
`(ii) make updated model disclosure form available to covered institutions, lenders, and the public.
`(3) USE OF FORM- The Secretary shall take such steps
as necessary to make the model disclosure form, and any updated model
disclosure form, available to covered institutions and to encourage--
`(A) lenders subject to subsection (b) to use the
model disclosure form or updated model disclosure form (if available)
in providing the information required under subsection (b); and
`(B) covered institutions to use such format in preparing the information reported under subsection (c).
`(4) PROCEDURES- Sections 482(c) and 492 of this Act
shall not apply to the model disclosure form in the regulations
prescribed under paragraph (1)(B), but shall apply to the updating of
such form under paragraph (2).
`(b) Lender Duties- Each lender that has a preferred lender
arrangement with a covered institution shall, by August 1 of each year,
provide to the covered institution and to the Secretary the information
included on the model disclosure form or an updated model disclosure
form (if available) for each type of educational loan (including
opportunity pools as defined in section 155(f)) to be offered by the
lender to students attending the covered institution, or the parents of
such students, for the forthcoming academic year.
`(c) Covered Institution Reports- Each covered institution shall--
`(1) prepare and submit to the Secretary an annual
report, by a date determined by the Secretary, that includes, for each
lender that has a preferred lender arrangement with the covered
institution and that has submitted to the institution the information
required under subsection (b)--
`(A) the information included on the model
disclosure form or updated model disclosure form (if available) for
each type of educational loan provided by the lender to students
attending the covered institution, or the parents of such students; and
`(B) a detailed explanation of why the covered
institution believes the terms and conditions of each type of
educational loan provided pursuant to the agreement are beneficial for
students attending the covered institution, or the parents of such
students; and
`(2) ensure that the report required under paragraph
(1) is made available to the public and provided to students attending
or planning to attend the covered institution, and the parents of such
students, in time for the student or parent to take such information
into account before applying for or selecting an educational loan.
`(d) Disclosures by Covered Institutions- A covered
institution shall disclose, on its website and in the informational
materials described in subsection (e)--
`(A) indicates that students are not limited to or required to use the lenders the institution recommends; and
`(B) the institution is required to process the
documents required to obtain a Federal educational loan from any
eligible lender the student selects;
`(2) at a minimum, all of the information provided by
the model disclosure form prescribed under subsection (a)(1)(B), or
updated model disclosure form (if available), with respect to any
lender recommended by the institution for Federal educational loans
and, as applicable, private educational loans (including opportunity
pools as defined in section 155(f));
`(3) the maximum amount of Federal grant and loan aid available to students in an easy-to-understand format; and
`(4) the institution's cost of attendance (as determined under section 472).
`(e) Informational Materials- The informational materials
described in this subsection are publications, mailings, or electronic
messages or media distributed to prospective or current students and
parents of students that describe or discuss the financial aid
opportunities available to students at an institution of higher
education.
`SEC. 154. PRIVATE EDUCATIONAL LOAN DISCLOSURE REQUIREMENTS FOR COVERED INSTITUTIONS.
`A covered institution that provides information to any
student, or the parent of such student, regarding a private educational
loan from a lender shall, prior to or concurrent with such information--
`(1) inform the student or parent of--
`(A) the student or parent's eligibility for assistance and loans under title IV; and
`(B) the terms and conditions of such private
educational loan that may be less favorable than the terms and
conditions of educational loans for which the student or parent is
eligible, including interest rates, repayment options, and loan
forgiveness; and
`(2) ensure that information regarding such private
educational loan is presented in such a manner as to be distinct from
information regarding loans that are made, insured, or guaranteed under
title IV.
`SEC. 155. INTEGRITY PROVISIONS.
`(a) Institution Code of Conduct Required-
`(1) CODE OF CONDUCT- Each institution of higher
education that participates in the Federal student loan programs under
title IV or has students that obtain private educational loans shall--
`(A) develop a code of conduct in accordance with
paragraph (2) with which its officers, employees, and agents shall
comply with respect to educational loans;
`(B) publish the code of conduct prominently on its website; and
`(C) administer and enforce such code in accordance with the requirements of this subsection.
`(2) CONTENTS OF CODE- The code required by this section shall--
`(A) prohibit a conflict of interest with the
responsibilities of such officer, employee, or agent with respect to
educational loans; and
`(B) at a minimum, include provisions in compliance with the provisions of the following subsections of this section.
`(3) TRAINING AND COMPLIANCE- An institution of higher
education shall administer and enforce a code of conduct required by
this section by, at a minimum, requiring all of its officers,
employees, and agents with responsibilities with respect to educational
loans to obtain training annually in compliance with the code.
`(1) PROHIBITION- No employee, officer, or agent of a
covered institution who is employed in the financial aid office of the
institution, or who otherwise has responsibilities with respect to
educational loans shall solicit or accept any gift from a lender,
guarantor, or servicer of educational loans
`(2) INSPECTOR GENERAL REPORT- The Inspector General of
the Department of Education shall investigate any reported violation of
this subsection and shall annually submit a report to the authorizing
committees identifying all substantiated violations of the gift ban
under paragraph (1), including the lenders and covered institutions
involved in each such violation, for the preceding year.
`(A) IN GENERAL- In this subsection, the term
`gift' means any gratuity, favor, discount, entertainment, hospitality,
loan, or other item having a monetary value of more than a de minimus
amount. The term includes a gift of services, transportation, lodging,
or meals, whether provided in kind, by purchase of a ticket, payment in
advance, or reimbursement after the expense has been incurred.
`(B) EXCEPTIONS- The term `gift' shall not include any of the following:
`(i) Standard informational material related to a loan or financial literacy, such as a brochure.
`(ii) Food, refreshments, training, or
informational material furnished to an officer, employee, or agent of
an institution as an integral part of a training session that is
designed to improve the service of a lender, guarantor, or servicer of
educational loans to the covered institution, if such training
contributes to the professional development of the officer, employee,
or agent of the institution.
`(iii) Favorable terms, conditions, and
borrower benefits on an educational loan provided to a student employed
by the covered institution if such terms, conditions, or benefits are
comparable to those provided to all students of the institution.
`(iv) Exit counseling services provided to
borrowers to meet a covered institution's responsibilities for exit
counseling as required by section 485(b) provided that--
`(I) a covered institution's staff are in control of the counseling (whether in person or via electronic capabilities); and
`(II) such counseling does not promote the products or services of any lender.
`(v) Philanthropic contributions to a covered
institution from a lender, guarantor, or servicer of educational loans
that are unrelated to educational loans, provided, as applicable, that
such contributions are disclosed pursuant to section 153(a)(1) and
section 153(a)(2).
`(C) RULE FOR GIFTS TO FAMILY MEMBERS- For purposes
of this section, a gift to a family member of an officer, employee, or
agent of a covered institution, or a gift to any other individual based
on that individual's relationship with the officer, employee, or agent,
shall be considered a gift to the officer, employee, or agent if--
`(i) the gift is given with the knowledge and acquiescence of the officer, employee, or agent; and
`(ii) the officer, employee, or agent has
reason to believe the gift was given because of the official position
of the officer, employee, or agent.
`(c) Contracting Arrangements Prohibited-
`(1) PROHIBITION- An officer, employee, or agent who is
employed in the financial aid office of a covered institution, or who
otherwise has responsibilities with respect to educational loans, shall
not accept from any lender or affiliate of any lender (as the term
affiliate is defined in section 487(a)) any fee, payment, or other
financial benefit (including the opportunity to purchase stock) as
compensation for any type of consulting arrangement or other contract
to provide services to a lender or on behalf of a lender.
`(2) EXCEPTIONS- Nothing in this subsection shall be construed as prohibiting--
`(A) an officer, employee, or agent of a covered
institution who is not employed in the institution's financial aid
office, or who does not otherwise have responsibilities with respect to
educational loans, from paid or unpaid service on a board of directors
of a lender, guarantor, or servicer of educational loans; or
`(B) an officer, employee, or agent of a lender,
guarantor, or servicer of educational loans from serving on a board of
directors or trustees of a covered institution, provided that the
covered institution has a written conflict of interest policy that
clearly sets forth the procedures to be followed in instances where
such a director's or trustee's personal or business interests with
respect to educational loans may be advanced by an action of the board
of directors or trustees, including a provision that such a board
member or trustee may not participate in any decision to approve any
transaction where such conflicting interests may be advanced.
`(d) Ban on Revenue Sharing Arrangements-
`(1) PROHIBITION- A covered institution shall not enter into any revenue sharing arrangement with any lender.
`(2) DEFINITION- For purposes of this subsection, a
revenue sharing arrangement is an arrangement between a covered
institution and a lender under which--
`(A) a lender provides or issues educational loans to students attending the institution or to parents of such students; and
`(B)(i) the institution recommends the lender or the loan products of the lender; and
`(ii) in exchange, the lender pays a fee or
provides other material benefits, including revenue or profit sharing,
to the institution or officers, employees, or agents of the institution.
`(e) Ban on Staffing Assistance-
`(1) PROHIBITION- A covered institution shall not
request or accept from any lender any assistance with call center
staffing or financial aid office staffing.
`(2) CERTAIN ASSISTANCE PERMITTED- Nothing in paragraph
(1) shall be construed to prohibit a covered institution from
requesting or accepting assistance from a lender related to--
`(A) professional development training for financial aid administrators; or
`(B) providing educational counseling materials,
financial literacy materials, or debt management materials to
borrowers, provided that such materials disclose to borrowers the
identification of any lender that assisted in preparing or providing
such materials.
`(f) Prohibition on Offers of Funds for Private Loans-
`(1) PROHIBITION- A covered institution shall not
request or accept from any lender any offer of funds, including any
opportunity pool, to be used for private educational loans to students
in exchange for the covered institution providing concessions or
promises to the lender with respect to such institution providing the
lender with a specified number of loans, a specified loan volume, or a
preferred lender arrangement for any loan made, insured, or guaranteed
under title IV, and a lender shall not make any such offer.
`(2) DEFINITION- In this subsection, the term
`opportunity pool' means an educational loan made by a private lender
to a student attending the covered institution or the parent of such a
student that is in any manner guaranteed by a covered institution, or
that involves a payment, directly or indirectly, by such an institution
of points, premiums, payments, additional interest, or other financial
support to such lender for the purpose of such lender extending credit
to either the students or the parents of students of the institution.
`(g) Ban on Participation on Advisory Councils- An officer,
employee, or agent who is employed in the financial aid office of a
covered institution, or who otherwise has responsibilities with respect
to educational loans, shall not serve on or otherwise participate with
advisory councils of lenders or affiliates of lenders. Nothing in this
subsection shall prohibit lenders from seeking advice from covered
institutions or groups of covered institutions (including through
telephonic or electronic means, or a meeting) in order to improve
products and services for borrowers, provided there are no gifts or
compensation (including for transportation, lodging, or related
expenses) provided by lenders in connection with seeking this advice
from such institutions. Nothing in this subsection shall prohibit an
employee, officer, or agent of a covered institution from serving on
the board of directors of a lender if required by State law.
`SEC. 156. COMPLIANCE AND ENFORCEMENT.
`(a) Condition of Any Federal Assistance- Notwithstanding
any other provision of law, a covered institution or lender shall
comply with this part as a condition of receiving Federal funds or
assistance provided after the date of enactment of the College
Opportunity and Affordability Act of 2007.
`(b) Penalties- Notwithstanding any other provision of law,
if the Secretary determines, after providing notice and an opportunity
for a hearing for a covered institution or lender, that the covered
institution or lender has violated subsection (a)--
`(1) in the case of a covered institution, or a lender
that does not participate in a loan program under title IV, the
Secretary may impose a civil penalty in an amount of not more than
$25,000; and
`(2) in the case of a lender that does participate in a
program under title IV, the Secretary may limit, terminate, or suspend
the lender's participation in such program.
`(c) Considerations- In taking any action against a covered
institution or lender under subsection (b), the Secretary shall take
into consideration the nature and severity of the violation of
subsection (a).'.
SEC. 112. FEASIBILITY STUDY FOR NATIONAL ELECTRONIC STUDENT LOAN MARKETPLACE.
(a) Study Required- The Secretary of Education shall
conduct a study of the feasibility of developing a National Electronic
Student Loan Marketplace that would provide for one or more of the
following:
(1) a registry of real-time information on Federal
student loans (including loans under parts B and D of title IV) and
private educational loans (as defined in section 151 of the Higher
Education Act of 1965 (as amended by this Act)) for both undergraduate
and graduate students, and parents of students for use by prospective
borrowers or any person desiring information regarding available
interest rates, fees, and other terms from lenders;
(2) means by which lenders that participate in such marketplace would be bound to honor advertised rates or benefits;
(3) a mechanism whereby borrowers and student financial
aid officials could publicly post or otherwise make available for users
accessing the system their comments, opinions, or ratings concerning
their experience as to the quality of lenders' loan products and loan
servicing and other measurements or indicators of customer satisfaction;
(4) a mechanism whereby prospective borrowers could be
matched with lenders that offer highly competitive products and loan
servicing quality, including any procedures and safeguards necessary to
minimize potentially adverse effects of multiple inquiries into
participating borrowers' credit histories recorded by credit reporting
agencies;
(5) options concerning the establishment and ongoing
maintenance of such a system, including whether such system should be
operated by one or more nonprofit or for-profit entities, how these
entities should structure or organize such a system in order to provide
the highest assurance of independence from, and the absence of any
conflicting interest with, lenders participating in such system, and
methods to finance such system at no or minimal cost to consumers and
the Government; and
(6) other features that the Secretary determines could
help prospective borrowers make informed decisions in selecting lenders
from whom to obtain Federal and private educational loans.
(b) Consultation- In conducting the study required by this section, the Secretary of Education shall consult with--
(1) the Federal Trade Commission;
(2) representatives of student loan borrowers;
(3) representatives from institutions of higher
education, including financial aid administrators, registrars, business
officers, and student affairs officials;
(4) Federal and private education loan lenders, loan servicers, and guaranty agencies; and
(5) any other appropriate agency that is a member of
the Financial Literacy and Education Commission established under the
Financial Literacy and Education Improvement Act (20 U.S.C. 9701 et
seq.).
(c) Report- Not later than 6 months after completion of the
model interest rate report format required under section 153(a)(1) of
the Higher Education Act of 1965 (as amended by this Act), the
Secretary of Education shall submit a report to the authorizing
committees concerning the findings of the feasibility study together
with an assessment of the advantages and disadvantages for consumers,
institutions of higher education, lenders, and the government of
establishing such a system.
TITLE II--TITLE II REVISION
SEC. 201. REVISION OF TITLE II.
Title II (20 U.S.C. 1021 et seq.) is amended to read as follows:
`TITLE II--TEACHER QUALITY ENHANCEMENT
`SEC. 200. DEFINITIONS.
`For purposes of this title:
`(1) ARTS AND SCIENCES- The term `arts and sciences' means--
`(A) when referring to an organizational unit of an
institution of higher education, any academic unit that offers 1 or
more academic majors in disciplines or content areas corresponding to
the academic subject matter areas in which teachers provide
instruction; and
`(B) when referring to a specific academic subject
area, the disciplines or content areas in which academic majors are
offered by the arts and sciences organizational unit.
`(2) CHILDREN FROM LOW-INCOME FAMILIES- The term
`children from low-income families' means children as described in
section 1124(c)(1)(A) of the Elementary and Secondary Education Act of
1965.
`(3) CORE ACADEMIC SUBJECTS- The term `core academic
subjects' has the meaning given the term in section 9101 of the
Elementary and Secondary Education Act of 1965.
`(4) EARLY CHILDHOOD EDUCATION PROGRAM- The term `early childhood education program' means--
`(A) a Head Start program or an Early Head Start program carried out under the Head Start Act (42 U.S.C. 9831 et seq.);
`(B) a State licensed or regulated child care program or school; or
`(C) a State prekindergarten program that serves
children from birth through kindergarten and that addresses the
children's cognitive (including language, early literacy, and
pre-numeracy), social, emotional, and physical development.
`(5) EARLY CHILDHOOD EDUCATOR- The term `early
childhood educator' means an individual with primary responsibility for
the education of children in an early childhood education program.
`(6) EDUCATIONAL SERVICE AGENCY- The term `educational
service agency' has the meaning given the term in section 9101 of the
Elementary and Secondary Education Act of 1965.
`(7) ESSENTIAL COMPONENTS OF READING INSTRUCTION- The
term `essential components of reading instruction' has the meaning
given such term in section 1208 of the Elementary and Secondary
Education Act of 1965.
`(8) EXEMPLARY TEACHER- The term `exemplary teacher'
has the meaning given such term in section 9101 of the Elementary and
Secondary Education Act of 1965.
`(9) HIGH-NEED EARLY CHILDHOOD EDUCATION PROGRAM- The
term `high-need early childhood education program' means an early
childhood education program serving children from low-income families
that is located within the geographic area served by a high-need local
educational agency.
`(10) HIGH-NEED LOCAL EDUCATIONAL AGENCY- The term `high-need local educational agency' means a local educational agency--
`(A)(i) for which not less than 20 percent of the children served by the agency are children from low-income families;
`(ii) that serves not fewer than 10,000 children from low-income families; or
`(iii) with a total of less than 600 students in
average daily attendance at the schools that are served by the agency
and all of whose schools are designated with a school locale code of
Rural: Fringe, Rural: Distant, or Rural: Remote, as determined by the
Secretary; and
`(B)(i) for which there is a high percentage of
teachers not teaching in the academic subject areas or grade levels in
which the teachers were trained to teach; or
`(ii) for which there is a high teacher turnover
rate or a high percentage of teachers with emergency, provisional, or
temporary certification or licensure.
`(11) HIGH-NEED SCHOOL- Notwithstanding section 103,
the term `high-need school' means a public elementary school or public
secondary school that--
`(A) is among the highest 25 percent of schools
served by the local educational agency that serves the school, in terms
of the percentage of students from families with incomes below the
poverty line; or
`(B) is designated with a school locale code of
Rural: Fringe, Rural: Distant, or Rural: Remot