109th CONGRESS
1st Session
H. R. 2960
To amend the Higher Education Act of 1965.
IN THE HOUSE OF REPRESENTATIVES
June 17, 2005
Mr. GEORGE MILLER of California (for himself, Mr. KILDEE, Ms. PELOSI, Mr.
OWENS, Mr. PAYNE, Ms. WOOLSEY, Mr. HINOJOSA, Mrs. MCCARTHY, Mr. TIERNEY, Mr.
WU, Mr. KUCINICH, Mr. HOLT, Ms. MCCOLLUM of Minnesota, Mrs. DAVIS of California,
Mr. DAVIS of Illinois, Mr. GRIJALVA, Mr. VAN HOLLEN, Mr. RYAN of Ohio, Mr.
BISHOP of New York, Mr. BARROW, Mr. HIGGINS, Mr. DOGGETT, Ms. MATSUI, Ms.
BALDWIN, Mr. MICHAUD, Mrs. JONES of Ohio, Mr. STARK, Mr. CONYERS, Ms. SOLIS,
Ms. BERKLEY, and Mr. STRICKLAND) introduced the following bill; which was
referred to the Committee on Education and the Workforce
A BILL
To amend the Higher Education Act of 1965.
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 for All
Act'.
Sec. 1. Short title; table of contents.
TITLE I--BOOSTING COLLEGE OPPORTUNITIES
Sec. 102. College affordability and accountability.
`Sec. 132. State commitment to affordable college education.
`Sec. 133. Cost containment strategies.
`Sec. 401A. Incentives and rewards: Pell Plus.
`Sec. 486A. Articulation agreement demonstration program.
Sec. 103. Elimination of loan fees to borrowers.
Sec. 104. Authority to refinance consolidation loans.
Sec. 105. Providing low cost loans.
Sec. 106. Recapture of excess interest.
Sec. 107. Termination of excessive allowances.
Sec. 108. Public service scholarships.
`Sec. 428K. Loan forgiveness for public service employees.
Sec. 109. Significantly simplifying the student aid application process.
Sec. 110. Authorizations of appropriations for campus-based aid.
`Sec. 404H. Authorization of appropriations.
Sec. 111. Special programs for students whose families are engaged in migrant
and seasonal farm work.
Sec. 112. Initiative to enhance college graduation rates and to accelerate
time to degree.
`SUBPART 8--INITIATIVE TO ENHANCE COLLEGE GRADUATION RATES AND TO ACCELERATE
TIME TO DEGREE
`Sec. 419P. Program authorized.
Sec. 113. Consolidation loan lender of choice.
Sec. 114. Establishing additional safeguards on schools acting as lenders
under the Federal Family Education Loan Program.
Sec. 115. Boosting opportunities for low-income parents to pursue college
degrees.
Sec. 116. Support for community service in college work-study program.
Sec. 117. B.J. Stupak Olympic Scholarships.
Sec. 118. Reduction of guaranty agency payments.
TITLE II--TEACHER QUALITY
Sec. 201. Teacher Recruiting and Preparation.
`Part C--TEACH Grants
`Sec. 231. Purposes.
`Sec. 232. Program established.
`Sec. 233. Eligibility and applications for Grants.
`Part D--Recruiting Teachers With Math, Science, or Language Majors
`Sec. 241. Program authorized.
`Sec. 242. Authorization of appropriations.
Sec. 202. Teacher Quality Enhancement Grants.
`Sec. 206. Accountability and evaluation.
`Sec. 207. Accountability for programs that prepare teachers.
`Sec. 208. State functions.
`Sec. 209. General provisions.
TITLE III--ENHANCING COLLEGE OUTREACH
Sec. 301. Federal TRIO Program.
Sec. 303. Leveraging Educational Assistance Partnership.
TITLE IV--OPPORTUNITIES AT HISPANIC-SERVING COLLEGES AND UNIVERSITIES
Sec. 401. Postbaccalaureate opportunities for Hispanic Americans.
`Part B--Promoting Postbaccalaureate Opportunities for Hispanic Americans
`Sec. 511. Findings and purposes.
`Sec. 512. Program authority and eligibility.
`Sec. 513. Authorized activities.
`Sec. 514. Application and duration.
Sec. 402. Authorization of appropriations for Hispanic Serving Institutions.
TITLE V--HISTORICALLY BLACK COLLEGES AND UNIVERSITIES
Sec. 501. Centers of excellence.
`Part E--Centers of Excellence
`Sec. 251. Purposes; definitions.
`Sec. 252. Centers of excellence.
`Sec. 253. Authorization of appropriations.
Sec. 502. Authorization of appropriations.
SEC. 2. REFERENCES.
Except as otherwise expressly provided, whenever in this Act an amendment
or repeal is expressed in terms of an amendment to, or repeal of, a section
or other provision, the reference shall be considered to be made to a section
or other provision of the Higher Education Act of 1965 (20 U.S.C. 1001 et
seq.).
SEC. 3. FINDINGS.
The Congress finds the following:
(1) A college education is more important than ever, and the Federal Government
should significantly increase its investment to make college more affordable
and accessible to all students because--
(A) recent shifts in the economy have increased the demand for college-educated
workers and increased the wage gap between college-educated workers and
those without a degree;
(B) jobs requiring some postsecondary education are expected to account
for about 42 percent of total job growth from 2000 through 2010; and
(C) closing the college participation gap between White and minority students
would result in $85 billion in increased tax revenue.
(2) Increased access to college and better retention rates are necessary
because--
(A) seven times as many students from high-income families graduate from
college by age 24 as students from low-income families;
(B) forty percent of all white students ages 18 through 24 are enrolled
in institutions of higher education, whereas only 30 percent of all African-Americans
and only 16 percent of all Hispanics are enrolled in institutions of higher
education;
(C) nearly 4 out of every 10 Hispanics enrolled full time in 4-year colleges
drop out within 3 years of their initial enrollment;
(D) African-Americans are half as likely as white students to complete
a Bachelor's degree in 4 years; and
(E) low-income students are half as likely as upper-income students to
complete a Bachelor's degree in 4 years.
(3) High loan debt and long work hours threaten college access:
(A) Seventy percent of such Federal student aid was in the form of loans
and less than 20 percent was in the form of grants--while in 1975 grants
accounted for 75 percent of Federal student aid funding.
(B) The maximum Pell grant scholarship is worth nearly $800 less, in real
terms, than the maximum award in 1975-1976.
(C) The typical student now graduates with $19,000 in debt.
(D) Forty-six percent of all students who work in addition to being full-time
students report 25 hours or more a week of employment.
(E) Half of those employed more than 25 hours a week report that working
hurts their grades and retention in college, and students who work more
than 35 hours a week are considerably less likely to complete a year of
college than those who work less than 15 hours a week.
(F) Low-income, college-qualified high school graduates have an annual
`unmet need' of $3,800 in college expenses, expenses not covered by grants,
loans, work, or family savings.
(4) There is a severe shortage of qualified teachers, especially in high-need
fields and low-income areas because--
(A) approximately one-third of America's teachers leave teaching sometime
during their first 3 years of teaching and almost half leave during the
first 5 years;
(B) overall turnover rate for teachers in high-poverty areas is almost
33 percent higher than it is for teachers in all schools; and
(C) in low-poverty secondary schools, approximately one-third of students
are taught by a teacher who lacks either a college degree in the subject
area in which the teacher teaches or certification in such subject area,
while in high-poverty secondary schools, approximately one-half of students
are taught by such a teacher.
TITLE I--BOOSTING COLLEGE OPPORTUNITIES
SEC. 101. PELL GRANTS.
(a) Maximum Grants- Section 401(b)(2)(A) (20 U.S.C. 1070a(b)(2)(A)) is amended
by striking clauses (i) through (v) and inserting the following:
`(i) $7,600 for academic year 2006-2007;
`(ii) $8,600 for academic year 2007-2008;
`(iii) $9,600 for academic year 2008-2009;
`(iv) $10,600 for academic year 2009-2010; and
`(v) $11,600 for academic year 2010-2011,'.
(b) Year-Round Pell Grants- Section 401 is further amended by adding at the
end the following new subsection:
`(k) Year-Round Pell Grants-
`(1) PILOT PROGRAM ESTABLISHED- The Secretary shall establish in accordance
with this subsection a year-round Pell grant pilot program. Any institution
of higher education that desires to participate in the program under this
subsection shall submit an application to the Secretary at such time and
containing or accompanied by such information and assurances as the Secretary
may require. The Secretary may select not more than 500 institutions of
higher education for participation in the program.
`(2) PROGRAM ELEMENTS- With respect to students who are eligible for a Pell
grant under this section and who are enrolled in institutions participating
in the program under this subsection, the Secretary is authorized--
`(A) to award such students two Pell grants in one calendar year to permit
such students to accelerate progress towards their degree or certificate
objectives by enrolling in academic programs for 12 rather than 9 months
of the year at participating institutions; and
`(B) to award such two Pell grants to such students in a total amount
up to 133 percent of the maximum Pell under subsection (b)(2)(A) that
is applicable for the academic year.
`(3) LIMITATION- The Secretary shall limit the awarding of additional Pell
grants under this subsection in a single calendar year to students who attend
bachelor's or associate's degree-granting institutions with the following
characteristics:
`(A) in the case of a bachelor's degree-granting institution, the graduation
rate for the institution of higher education reported by the Integrated
Postsecondary Education Data System for the preceding five academic years
is at least 50 percent;
`(B) in the case of an associate's degree-granting institution, the completion
rate for the institution of higher education reported by the Integrated
Postsecondary Education Data System for the preceding three academic years
has improved by a total of at least five percent; and
`(C) the average time of enrollment required to complete a degree at the
institution--
`(i) among students who enter as freshman and earn bachelor's degrees
is 14 or fewer quarters, or 9 or fewer semesters or the equivalent;
or
`(ii) among students who enter as full-time freshmen and earn associate's
degrees is 8 or fewer quarters, or 7 or fewer semesters equivalent.
`(4) TERMINATION; EVALUATION- The authority of the Secretary under this
subsection shall cease to be effective on October 1, 2011. Not later than
October 1, 2010, the Secretary shall conduct an evaluation of the program
under this subsection and submit to the Congress a report on the results
of such evaluation.'.
(c) Elimination of Tuition Sensitivity Provision- Section 401(b) is further
amended--
(1) by striking paragraph (3); and
(2) by redesignating paragraphs (4) though (8) as paragraphs (3) through
(7), respectively.
SEC. 102. COLLEGE AFFORDABILITY AND ACCOUNTABILITY.
(a) State Commitment to Affordable College Education- Title I is amended by
inserting after section 131 (20 U.S.C. 1015) 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, 2005, to an amount
which is less than the average amount provided by such State to such institutions
of higher education during the academic years between July 1, 1998, and July
1, 2003.
`(b) Withholding of All Education Administrative Funds for Violations- Notwithstanding
any other provision of law, the Secretary of Education shall withhold from
any State that violates subsection (a) any amount that would otherwise be
available to the State for administrative expenses and costs under any Federal
education program until such State has corrected such violation.'.
(b) Cost Containment Strategies- Title I is further amended by inserting after
section 132 (as added by section 4) the following new section:
`SEC. 133. COST CONTAINMENT STRATEGIES.
`(a) Requirements- Each institution of higher education shall in accordance
with the requirements of this section engage in, and report upon, cost containment
strategies. Such strategies may include (but are not limited to) the following
activities:
`(2) joint faculty appointments;
`(3) streamlining administration;
`(4) energy conservation and savings;
`(5) technological innovations; and
`(6) joint degree offerings.
`(b) Five-Year Plans- Within 2 years after the enactment of the Act, each
institution of higher education shall submit a 5-year plan on their cost containment
strategies and any progress made to date to the Secretary of Education.
`(c) Research Into Cost Containment Methods-
`(1) RESEARCH AUTHORIZED- From the funds appropriated under paragraph (2),
the Secretary is authorized--
`(A) to conduct or provide for the conduct of research 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;
`(i) the information obtained by such research to such institutions
and systems; and
`(ii) other research that has identified successful methods of cost
containment;
`(C) to publicly recognize institutions of higher education that are doing
an effective job at cost containment; and
`(D) to work together with such institutions and systems to implement
these methods.
`(2) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated
to carry out this subsection $1,000,000 for fiscal year 2006 and such sums
as may be necessary for each of the 5 succeeding fiscal years.
`(d) Consumer Information-
`(1) ANNUAL REPORT REQUIRED-
`(A) CONTENTS OF REPORT- The Secretary shall annually prepare and publish
a report on college affordability in America. The college affordability
report shall provide, at a minimum, comprehensive information on--
`(i) the sticker price, total price of attendance, net tuition price,
and net access price for every institution of higher education that
participates in the Federal student aid programs under title IV of this
Act;
`(ii) the percentage change in the listed sticker price, total price
of attendance, net tuition price, and net access price over a 3-, 5-,
and 10-year time period for each such institution; and
`(iii) the level of Federal and State support for higher education per
capita and per pupil.
`(B) ADVISORY GROUP- To ensure that the annual college affordability in
America report provides consumer-friendly information, the Secretary shall
convene an advisory group of students, parents, and college officials
to help determine the information that shall be included in the report.
`(2) DATA DISSEMINATION- The Secretary shall make publicly available the
data collected pursuant to this section, including an institution's net
price tuition index as calculated in accordance with subsection (e). Such
data shall be made available in a manner that permits the review and comparison
of data submissions of individual institutions of higher education. Such
data shall be presented in a form that is easily accessible and understandable
and allows parents and students to make informed decisions based on the
average prices for full-time undergraduate students and the institution's
rate of increase in the sticker price, total price of attendance, net tuition
price, and net access price.
`(3) WEBSITE ENHANCEMENT-
`(A) WEBSITE INFORMATION- In order to further enhance public knowledge
and understanding of college affordability, the Secretary shall modify
the college opportunities on line (COOL) web site. The goal of such changes
shall be to make the website the single best source of information about
applying to and paying for a postsecondary education. Such changes shall
make the website more user friendly and facilitate the comparison of multiple
institutions at the same time. Such website shall provide detailed tuition
and student aid data for each institution (including data from the annual
college affordability in America report). As part of improving the website,
the Secretary shall establish an advisory board of students and parents
to guide the redesign. The college price calculator required by paragraph
(4) shall be included on the COOL website.
`(B) AVAILABILITY IN OTHER FORM- In addition, the Secretary shall publish
all of the institutional information found on the COOL website, minus
the college price calculator, and instruct all local educational agencies
to notify all their secondary schools of the publication of the COOL web
site, both on-line and in-print, and of the steps necessary to procure
such information both on-line and in-print.
`(4) COLLEGE PRICE CALCULATOR-
`(A) ESTABLISHMENT- The Secretary shall establish a system for reporting
to prospective students and families on the net tuition price of institutions
of higher education. Using the most recent data available, the Secretary
shall make available the amount of aid typically granted for students
based on family income and college attended. Such information shall be
made available in the form of a web site price calculator that permits
students to be able to enter an institution of higher education and their
family income and be presented the sticker price, net tuition price, and
net access price for students in their income bracket in order to determine
the approximate cost of attending such a school. The calculator shall
include a clear disclaimer that financial aid decisions are made on a
case-by-case basis and that the included calculations are based on previous
years' data and can therefore serve only as general guidelines for the
financial aid that a student may expect to receive.
`(B) INFORMATION DISTRIBUTION BY INSTITUTIONS- Each institution of higher
education shall make available its sticker price, total price of attendance,
net tuition price, and net access price and list examples of what families
in each of the quartile income brackets might be expected to pay in the
net tuition price for the most recent academic year. This information
shall be provided in written form and distributed to all students and
applicants and made widely available to the public.
`(e) Net Tuition Price Index-
`(1) IN GENERAL- The Secretary shall, on the basis of the data submitted
under subsection (a), calculate a net tuition price index for each institution
of higher education submitting such data and shall make the index available
in accordance with subsection (b) as soon as operationally possible on the
Department's college opportunity on line (COOL) website.
`(2) CALCULATION OF INDEX- The net tuition price index shall be equal to
the percentage increase in the net tuition price charged for a first-time,
full-time, full-year undergraduate student between a preceding academic
year and the most recent academic year for which satisfactory data are available.
`(f) Definitions- For the purposes of this section:
`(1) NET ACCESS PRICE- The term `net access price' means the average total
price of attendance for full-time undergraduate students, minus the average
grants, loans, and work-study provided to such students, for any academic
year.
`(2) NET TUITION PRICE- The term `net tuition price' means the average tuition
and fees charged to full-time undergraduate students, minus the average
grants provided to such students, for any academic year.
`(3) STICKER PRICE- The term `sticker price' means the average tuition and
fees charged to full-time undergraduate students by an institution of higher
education for any academic year.
`(4) TOTAL PRICE OF ATTENDANCE- The term `total price of attendance' means
the average tuition and fees charged to full-time undergraduate students,
as well as the average of the other expenses of such students related to
obtaining a higher education, including housing (room and board if the student
lives on campus, or rent or related housing costs if the student does not
live on campus), books, transportation, for any academic year.
`(5) TUITION- The term `tuition' means the average price of or payment for
actual instruction of full-time undergraduate students at an institution
of higher education, for any academic year.'.
(c) Pell Plus- Subpart 1 of part A of title IV is amended by inserting after
section 401 (20 U.S.C. 1070a) the following new section:
`SEC. 401A. INCENTIVES AND REWARDS: PELL PLUS.
`(a) Rewards for Low Tuition- For any institution of higher education that,
for academic year 2005-2006 or any succeeding academic year, such institution's
annual net tuition price increase (expressed as a percentage) for the most
recent academic year for which satisfactory data is available is equal to
or less than the percentage change in the higher education price index for
such academic year, the Secretary shall, notwithstanding any other provision
of the law, provide such institution an amount sufficient to provide a 25
percent increase under subpart 1 of part A of title IV to each Pell Grant
recipient attending such institution for the next award year beginning after
the date of such determination. Each such institution shall distribute any
amounts received under this subsection among such Pell Grant recipients by
increasing the amount of their Pell Grant awards by 25 percent.
`(b) Rewards for Guaranteed Tuition-
`(1) BONUS- For each institution of higher education that the Secretary
of Education determines complies with the requirements of paragraph (2)
or paragraph (3) of this subsection, the Secretary shall, notwithstanding
any other provision of the law, provide such institution an amount sufficient
to provide a 10 percent increase under subpart 1 of part A of title IV to
each Pell Grant recipient attending such institution for the next award
year beginning after the date of such determination. Each such institution
shall distribute any amounts received under this subsection among such Pell
Grant recipients by increasing the amount of their Pell Grant awards by
10 percent.
`(2) 4-YEAR INSTITUTIONS- An institution of higher education that provides
a program of instruction for which it awards a bachelor's degree complies
with the requirements of this paragraph if such institution guarantees that
for any academic year beginning on or after July 1, 2005, and for each of
the 5 succeeding continuous academic years, the net tuition price charged
to an undergraduate student will not exceed--
`(A) the amount that the student was charged for an academic year at the
time he or she first enrolled in the institution of higher education,
plus
`(B) the product of the percentage increase in the higher education price
index for the prior academic year, or the most recent prior academic year
for which data is available, multiplied by the amount determined under
subparagraph (A).
`(3) LESS THAN 4-YEAR INSTITUTIONS- An institution of higher education that
does not provide a program of instruction for which it awards a bachelor's
degree complies with the requirements of this paragraph if such institution
guarantees that for any academic year (or the equivalent) beginning on or
after July 1, 2005, and for each of the 1.5 succeeding continuous academic
years, the net tuition price charged to an undergraduate student will not
exceed--
`(A) the amount that the student was charged for an academic year at the
time he or she first enrolled in the institution of higher education,
plus
`(B) the product of the percentage increase in the higher education price
index for the prior academic year, or the most recent prior academic year
for which data is available, multiplied by the amount determined under
subparagraph (A).
`(c) Maintaining Affordable Tuition- For any institution of higher education
whose increase in the annual net tuition price (expressed as a percentage),
for the most recent academic year for which satisfactory data is available,
is greater than the percentage increase in the higher education price index
for such academic year, the Secretary shall require such institution to submit
to the Secretary the following information, within 6 months of such determination:
`(1) a detailed report on the exact causes for the net tuition price increase
that outlines revenues and expenditures; and
`(2) cost containment strategies to lower net tuition prices.
`(1) NET TUITION PRICE- The term `net tuition price' has the same meaning
as provided in section 133(f).
`(2) HIGHER EDUCATION PRICE INDEX- The term `higher education price index'
means a statistical measure of change over time in the prices of a fixed
market basket of goods and services purchased by colleges and universities
through current fund educational and general expenditures (excluding expenditures
for research), as developed by the Bureau of Labor Statistics pursuant to
section 131(c)(4).'.
(d) Articulation Agreement Demonstration Program- Part G of title IV is amended
by inserting after section 486 (20 U.S.C. 1093) the following new section:
`SEC. 486A. ARTICULATION AGREEMENT DEMONSTRATION PROGRAM.
`(a) Purpose; Definition-
`(1) PURPOSE- It is the purpose of this section to allow demonstration programs
that are monitored by the Department of Education to encourage institutions
of higher education to enter into articulation agreements or consortia groups,
as a means to lower tuition prices to students.
`(2) DEFINITION- For the purposes of this section, the term `articulation
agreement' means an agreement between institutions of higher education that
specifies the acceptability of courses in transfer toward meeting specific
degree requirements.
`(b) Demonstration Programs Authorized-
`(1) IN GENERAL- The Secretary is authorized to select institutions of higher
education, systems of such institutions, or consortia of such institutions
for voluntary participation in an articulation agreement demonstration program.
`(2) ELIGIBLE APPLICANTS-
`(A) ELIGIBLE INSTITUTIONS- Except as provided in subparagraphs (B), (C),
and (D), only an institution of higher education that is eligible to participate
in programs under this title shall be eligible to participate in the articulation
program authorized under this section.
`(B) PROHIBITION- An institution of higher education described in section
102(a)(1)(C) shall not be eligible to participate in the articulation
program authorized under this section.
`(C) SPECIAL RULE- Subject to subparagraph (B), an institution of higher
education that meets the requirements of subsection (a) of section 102,
other than the requirement of paragraph (3)(A) or (3)(B) of such subsection,
and that provides a 2-year or 4-year program of instruction for which
the institution awards an associate or baccalaureate degree, shall be
eligible to participate in the demonstration program authorized under
this section.
`(1) IN GENERAL- Each institution, system, or consortium of institutions
desiring to participate in a demonstration program under this section shall
submit an application to the Secretary at such time and in such manner as
the Secretary may require.
`(2) CONTENTS- Each application shall include--
`(A) a description of the institution, system, or consortium's consultation
with a recognized accrediting agency or association with respect to quality
assurances for the articulation programs to be offered;
`(B) a description of the articulation program to be offered;
`(C) a description of the students to whom the articulation programs will
be offered;
`(D) an assurance that the institution, system, or consortium will offer
full cooperation with the ongoing evaluations of the demonstration program
provided for in this section; and
`(E) such other information as the Secretary may require.
`(1) IN GENERAL- For the first year of the demonstration program authorized
under this section, the Secretary is authorized to select for participation
in the program not more than 100 institutions, systems of institutions,
or consortia of institutions. For the third year of the demonstration program
authorized under this section, the Secretary may select not more than 250
institutions, systems, or consortia, in addition to the institutions, systems,
or consortia selected pursuant to the preceding sentence, to participate
in the demonstration program if the Secretary determines that such expansion
is warranted based on the evaluations conducted in accordance with subsections
(f) and (g).
`(2) CONSIDERATIONS- In selecting institutions to participate in the articulation
program in the first or succeeding years of the program, the Secretary shall
take into account--
`(A) the number and quality of applications received;
`(B) the Department's capacity to oversee and monitor each institution's
participation;
`(i) financial responsibility;
`(ii) administrative capability; and
`(D) the need to ensure the participation of a diverse group of institutions
with respect to size, mission, and geographic distribution.
`(3) PRIORITY- In selecting institutions to participate in the articulation
program in the first or succeeding years of the program, the Secretary shall
give priority to applicants that involve a large number of schools; public
and private agreements; innovative technology to help reduce costs; and,
multi-state projects.
`(4) NOTIFICATION- The Secretary shall make available to the public and
to the Committee on Health, Education, Labor, and Pensions of the Senate
and the Committee on Education and the Workforce of the House of Representatives
a list of institutions, systems or consortia selected to participate in
the articulation program authorized by this section.
`(e) Evaluations and Reports-
`(1) EVALUATION- The Secretary shall evaluate the demonstration programs
authorized under this section on an annual basis. Such evaluations specifically
shall review--
`(A) the extent to which the institution, system or consortium has met
the goals set forth in its application to the Secretary;
`(B) the number and types of institutions participating in the programs
offered;
`(C) the cost containment strategies pursued and the success of such strategies;
and
`(D) the effective use of technologies to keep college prices low, while
maintaining quality.
`(A) IN GENERAL- Within 18 months of the initiation of the demonstration
program, the Secretary shall report to the Committee on Health, Education,
Labor, and Pensions of the Senate and the Committee on Education and the
Workforce of the House of Representatives with respect to the evaluations
of the demonstration programs authorized under this section.
`(B) ADDITIONAL REPORTS- The Secretary shall provide additional reports
to the Committee on Health, Education, Labor, and Pensions of the Senate
and the Committee on Education and the Workforce of the House of Representatives
on an annual basis regarding--
`(i) the demonstration programs authorized under this section; and
`(ii) best practices to contain college costs.'.
(e) Advisory Committee on Student Financial Assistance- Section 491(j) (20
U.S.C. 1098(j)) is amended
(1) by striking `and' at the end of paragraph (4);
(2) by striking the period at the end of paragraph (5) and inserting `;
and'; and
(3) by adding at the end the following new paragraph:
`(6) convene a task force of experts, to be representative of the key constituents
in higher education--
`(A) to determine the best methods to finance higher education in the
long-term;
`(B) to help public institutions utilize long-term budgeting to plan for
the future;
`(C) to review the trends of financing of higher education;
`(D) to define the role played by the States, the Federal Government,
families, and outside entities in financing higher education, and determine
the best methods to strengthen this partnership.'.
SEC. 103. ELIMINATION OF LOAN FEES TO BORROWERS.
(a) Federal Family Education Loan Program- Section 438(c) of the Higher Education
Act of 1965 (20 U.S.C. 1087-1(c)) is amended by adding at the end the following
new paragraph:
`(9) ORIGINATION FEES TERMINATED- Notwithstanding any other provision of
this subsection, with respect to any loan made, insured, or guaranteed under
this part on or after the first July 1 after the date of enactment of the
College Opportunity for All Act--
`(A) no eligible lender may collect directly or indirectly from any borrower
any origination fee with respect to such loan, or any other fee relating
to the origination of a loan however described; and
`(B) the Secretary shall not collect any origination fee from the lender
under this subsection.'.
(b) Federal Direct Loan Program-
(1) AMENDMENT- Section 455(c) of such Act (20 U.S.C. 1087e(c)) is amended
to read as follows:
`(c) Loan Fee- The Secretary shall not collect directly or indirectly from
any borrower any origination fee with respect to such loan, or any other fee
relating to the origination of a loan however described.'.
(2) EFFECTIVE DATE- The amendment made by paragraph (1) shall apply with
respect to any loan made under part D of title IV on an after the first
July 1 after the date of enactment of this Act.
SEC. 104. AUTHORITY TO REFINANCE CONSOLIDATION LOANS.
(a) Consolidation Loan Refinancing-
(1) FFEL CONSOLIDATION LOANS- Section 428C(a)(3)(B) of the Higher Education
Act of 1965 (20 U.S.C. 1078-3(a)(3)(B)) is amended by adding at the end
the following new clause:
`(ii) Notwithstanding clause (i) of this subparagraph, a borrower of a consolidation
loan on which the interest is established at a fixed rate under section
427A, 428C(c), or 455 may obtain a subsequent consolidation loan for the
purposes of refinancing such earlier consolidation loan at a fixed or variable
rate under section 427A(l)(3) or 455(b)(7)(C) if the interest rate on such
earlier consolidation loan exceeds the sum of 3.3 percent and the average
of the bond equivalent rates of the 91-day Treasury bills auctioned for
the previous calendar quarter.'.
(2) PARALLEL TERMS FOR FEDERAL DIRECT CONSOLIDATION LOANS- Section 455(a)
of the Higher Education Act of 1965 (20 U.S.C. 1087e(a)) is amended--
(A) in paragraph (1), by inserting `428C,' after `428B,'; and
(i) by striking `and' at the end of subparagraph (B);
(ii) by redesignating subparagraph (C) as subparagraph (D); and
(iii) by inserting after subparagraph (B) the following:
`(C) section 428C shall be know as `Federal Direct Consolidation Loans'.'.
(b) Consolidation Loan Interest Rates-
(1) FFEL LOANS- Paragraph (3) of section 427A(l) (20 U.S.C. 1077a(l))
is amended to read as follows:
`(3) CONSOLIDATION LOANS-
`(A) BORROWER ELECTION- With respect to any consolidation loan under section
428C for which the application is received by an eligible lender on or
after July 1, 2006 (including an application for a subsequent consolidation
loan under section 428C(a)(3)(B)(ii)), the applicable rate of interest
shall, at the election of the borrower at the time of application for
the loan, be either at the rate determined under subparagraph (B) or the
rate determined under subparagraph (C).
`(B) VARIABLE RATE- Except as provided in subparagraph (D), the rate determined
under this subparagraph shall, during any 12-month period beginning on
July 1 and ending on June 30, be determined on the preceding June 1 and
be equal, for such 12-month period, to--
`(i) the bond equivalent rate of 91-day Treasury bills auctioned at
the final auction held prior to such June 1; plus
except that such rate shall not exceed 6.8 percent.
`(C) FIXED RATE- Except as provided in subparagraph (D), the rate determined
under this subparagraph shall be determined on the date on which the obligation
to repay the loan is signed, and be equal, for the duration of the term
of the loan, to the lesser of--
`(i) the weighted average of the interest rates on the loans consolidated,
rounded to the nearest higher one-eighth of 1 percent; or
`(D) CONSOLIDATION OF PLUS LOANS- In the case of any such consolidation
loan that is used to repay loans each of which was made under section
428B or was a Federal Direct PLUS Loan (or both), the rates determined
under subparagraphs (B) and (C) shall be determined--
`(i) by substituting `3.1 percent' for `2.3 percent'; and
`(ii) by substituting `7.9 percent' for `6.8 percent'.'.
(2) DIRECT LOANS- Subparagraph (C) of section 455(b)(7) (20 U.S.C. 1087e(b)(7))
is amended to read as follows:
`(C) CONSOLIDATION LOANS-
`(i) BORROWER ELECTION- With respect to any consolidation loan under
section 428C for which the application is received by an eligible lender
on or after July 1, 2006 (including an application for a subsequent
consolidation loan under section 428C(a)(3)(B)(ii)), the applicable
rate of interest shall, at the election of the borrower at the time
of application for the loan, be either at the rate determined under
clause (ii) or the rate determined under clause (iii).
`(ii) VARIABLE RATE- Except as provided in clause (iv), the rate determined
under this subparagraph shall, during any 12-month period beginning
on July 1 and ending on June 30, be determined on the preceding June
1 and be equal, for such 12-month period, to--
`(I) the bond equivalent rate of 91-day Treasury bills auctioned at
the final auction held prior to such June 1; plus
except that such rate shall not exceed 6.8 percent.
`(iii) FIXED RATE- Except as provided in clause (iv), the rate determined
under this subparagraph shall be determined on the date on which the
obligation to repay the loan is signed, and be equal, for the duration
of the term of the loan, to the lesser of--
`(I) the weighted average of the interest rates on the loans consolidated,
rounded to the nearest higher one-eighth of 1 percent; or
`(iv) CONSOLIDATION OF PLUS LOANS- In the case of any such Federal Direct
Consolidation Loan that is used to repay loans each of which was made
under section 428B or was a Federal Direct PLUS Loan, the rates determined
under clauses (ii) and (iii) shall be determined--
`(I) by substituting `3.1 percent' for `2.3 percent' in clause (ii)(II);
and
`(II) by substituting `7.9 percent' for `6.8 percent' each place it
appears.'.
SEC. 105. PROVIDING LOW COST LOANS.
(a) FFEL Interest Rates- Section 427A(l) (20 U.S.C. 1077a(l))
is further amended--
(1) by redesignating paragraph (3) (as amended by section 104(b)(1)) as
paragraph (4); and
(2) by striking paragraphs (1) and (2) and inserting the following:
`(1) IN GENERAL- Notwithstanding subsection (h), but subject to paragraph
(2) of this subsection, with respect to any loan made, insured, or guaranteed
under this part (other than a loan made pursuant to section 428B or 428C)
for which the first disbursement is made on or after July 1, 2006, the applicable
rate of interest shall, during any 12-month period beginning on July 1 and
ending on June 30, be determined on the preceding June 1 and be equal to--
`(A) the bond equivalent rate of 91-day Treasury bills auctioned at the
final auction held prior to such June 1; plus
except that such rate shall not exceed 6.8 percent.
`(2) IN SCHOOL AND GRACE PERIOD RULES- Notwithstanding subsection (h), with
respect to any loan under this part (other than a loan made pursuant to
section 428B or 428C) for which the first disbursement is made on or after
July 1, 2006, the applicable rate of interest for interest which accrues--
`(A) prior to the beginning of the repayment period of the loan; or
`(B) during the period in which principal need not be paid (whether or
not such principal is in fact paid) by reason of a provision described
in section 427(a)(2)(C) or 428(b)(1)(M),
shall be determined under paragraph (1) by substituting `1.7 percent' for
`2.3 percent'.
`(3) PLUS LOANS- Notwithstanding subsection (h), with respect to any loan
under section 428B for which the first disbursement is made on or after
July 1, 2006, the applicable rate of interest shall be determined under
paragraph (1)--
`(A) by substituting `3.1 percent' for `2.3 percent'; and
`(B) by substituting `7.9 percent' for `6.8 percent'.'.
(b) Direct Loans- Section 455(b)(7) (20 U.S.C. 1087e(b)(7)) is further amended--
(1) by redesignating subparagraph (C) (as amended by section 104(b)(2))
as subparagraph (D); and
(2) by striking subparagraph (A) and (B) and inserting the following:
`(A) RATES FOR FDSL AND FDUSL- Notwithstanding the preceding paragraphs
of this subsection, for Federal Direct Stafford Loans and Federal Direct
Unsubsidized Stafford Loans for which the first disbursement is made on
or after July 1, 2006, the applicable rate of interest shall, during any
12-month period beginning on July 1 and ending on June 30, be determined
on the preceding June 1 and be equal to--
`(i) the bond equivalent rate of 91-day Treasury bills auctioned at
the final auction held prior to such June 1; plus
except that such rate shall not exceed 6.8 percent.
`(B) IN SCHOOL AND GRACE PERIOD RULES- Notwithstanding the preceding paragraphs
of this subsection, with respect to any Federal Direct Stafford Loan or
Federal Direct Unsubsidized Stafford Loan for which the first disbursement
is made on or after July 1, 2006, the applicable rate of interest for
interest which accrues--
`(i) prior to the beginning of the repayment period of the loan; or
`(ii) during the period in which principal need not be paid (whether
or not such principal is in fact paid) by reason of a provision described
in section 428(b)(1)(M) or 427(a)(2)(C),
shall be determined under subparagraph (A) by substituting `1.7 percent'
for `2.3 percent'.
`(C) PLUS LOANS- Notwithstanding the preceding paragraphs of this subsection,
with respect to Federal Direct PLUS Loan for which the first disbursement
is made on or after October 1, 1998, and before July 1, 2006, the applicable
rate of interest shall be determined under subparagraph (A)--
`(i) by substituting `3.1 percent' for `2.3 percent'; and
`(ii) by substituting `7.9 percent' for `6.8 percent'.'.
SEC. 106. RECAPTURE OF EXCESS INTEREST.
(a) Amendment- Subparagraph (I) of section 438(b)(2) (20 U.S.C. 1087-1(b)(2))
is amended by inserting after clause (vii) the following new clause:
`(viii) RECAPTURE OF EXCESS INTEREST-
`(I) EXCESS CREDITED- With respect to a loan on which the applicable
interest rate is determined under subsection (l) of section
427A and for which the first disbursement of principal is made on
or after July 1, 2006, if the applicable interest rate for any 3-month
period exceeds the special allowance rate applicable to such loan
under this subparagraph for such period, then an adjustment shall
be made by calculating the excess interest in the amount computed
under subclause (II) of this clause, and by crediting the excess interest
to the Government not less often than annually.
`(II) CALCULATION OF EXCESS- The amount of any adjustment of interest
on a loan to be made under this subsection for any quarter shall be
equal to--
`(aa) the applicable interest rate minus the special allowance rate
determined under this subparagraph; multiplied by
`(bb) the average daily principal balance of the loan (not including
unearned interest added to principal) during such calendar quarter; divided
by
`(cc) four.'.
(b) Effective Date- The amendments made by this section shall not apply with
respect to any special allowance payment made under section 438 of the Higher
Education Act of 1965 (20 U.S.C 1087-1) before July 1, 2006.
SEC. 107. TERMINATION OF EXCESSIVE ALLOWANCES.
(a) Amendment- Section 438(b)(2)(B) of the Higher Education Act of 1965 (20
U.S.C. 1087-1(b)(2)(B)) is amended by striking clause (v) and inserting the
following:
`(v) This subparagraph shall not apply to--
`(I) any loan made or purchased after the date of enactment of the
College Opportunity for All Act;
`(II) any loan that had not qualified before such date of enactment
for receipt of a special allowance payment determined under this subparagraph;
or
`(III) any loan made or purchased before such date of enactment with
funds described in the first or second sentence of clause (i) if--
`(aa) the obligation described in the first such sentence has, after
such date of enactment, matured, or been retired or defeased; or
`(bb) the maturity date or the date of retirement of the obligation
described in the first such sentence has, after such date of enactment, been
extended.'.
(b) Continuing Audits of Prior Claims- The Inspector General of the Department
of Education shall conduct an audit of each holder of student loans who, at
any time after September 30, 1993, submitted claims for special allowance
payments under subparagraph (B) of section 438(b)(2) of the Higher Education
Act of 1965 (20 U.S.C. 1087-1(b)(2)(B)), with respect to the claims made pursuant
to such subparagraph. In conducting such audit, the Inspector General shall
use the methodology used in preparing the audit report on special allowance
payments issued in May 2005 (ED-OIG/A05E0017).
SEC. 108. PUBLIC SERVICE SCHOLARSHIPS.
Section 428K (20 U.S.C. 1078-11) is amended to read as follows:
`SEC. 428K. LOAN FORGIVENESS FOR PUBLIC SERVICE EMPLOYEES.
`(a) Purposes- The purposes of this section are--
`(1) to reduce the burden of student debt, particularly for Americans who
dedicate their careers to meeting certain urgent national needs; and
`(2) to attract more excellent individuals into important public service
careers.
`(1) IN GENERAL- The Secretary shall assume the obligation to repay, pursuant
to subsection (c), a loan made under section 428 or 428H, a Federal Direct
Stafford Loan or Federal Direct Unsubsidized Stafford Loan, a Federal Direct
Consolidation Loan, or a Federal Perkins Loan for any new borrower after
the date of enactment of the Higher Education Amendments of 1998, who--
`(A) is employed full time in a qualified public service position described
in paragraph (2); and
`(B) is not in default on a loan for which the borrower seeks forgiveness.
`(2) QUALIFIED PUBLIC SERVICE POSITIONS- For purposes of this section, an
individual shall be treated as employed in a qualified public service position
if the individual is any of the following:
`(A) HIGHLY QUALIFIED TEACHERS IN LOW-INCOME COMMUNITIES AND OF MATHEMATICS,
SCIENCE, AND BILINGUAL AND SPECIAL EDUCATION- An individual who--
`(i)(I) is a public school teacher who is highly qualified as such term
is defined in section 9101 of the Elementary and Secondary Education
Act of 1965; or
`(II) is a teacher who has obtained employment in a nonprofit private
elementary or secondary school who holds at least a bachelors degree
and--
`(aa) has demonstrated subject knowledge and teaching skills in reading,
writing, mathematics, and other areas of the basic elementary school
curriculum if such teacher is an elementary teacher; and
`(bb) has demonstrated a high level of competency in each of the academic
subjects in which the teacher teaches if such teacher is a secondary
school teacher; and
`(ii)(I) has obtained employment as a teacher for service in a public
or nonprofit private elementary or secondary school which is in the
school district of a local educational agency which is eligible in such
year for assistance pursuant to title I of the Elementary and Secondary
Education Act of 1965, and which for the purpose of this paragraph and
for that year has been determined by the Secretary (pursuant to regulations
and after consultation with the State educational agency of the State
in which the school is located) to be a school in which the enrollment
of children counted under section 1113(a)(5) of the Elementary and Secondary
Education Act of 1965 exceeds 40 percent of the total enrollment of
that school; or
`(II) has obtained employment as a full-time teacher of mathematics,
science, or bilingual or special education.
`(B) EARLY CHILDHOOD EDUCATORS- An individual who--
`(i) has received a degree in early childhood education; and
`(ii) has obtained employment in a child care facility, such as employment
as a preschool teacher, in a low-income community.
`(C) NURSES- An individual who has obtained employment--
`(i) in a clinical setting; or
`(ii) as a member of the nursing faculty at an accredited school of
nursing (as those terms are defined in section 801 of the Public Health
Service Act (42 U.S.C. 296)).
`(D) CHILD WELFARE WORKERS- An individual who--
`(i) has completed a degree in social work or related field with a focus
on serving children and families (as determined in accordance with regulations
prescribed by the Secretary); and
`(ii) has obtained employment in public or private child welfare services.
`(E) NUTRITION PROFESSIONALS- An individual who--
`(i) is a certified registered dietician who has completed a degree
in a relevant field; and
`(ii) has obtained employment in a local agency of the special supplemental
nutrition program for women, infants, and children under section 17
of the Child Nutrition Act of 1966 (42 U.S.C. 1786).
`(F) INFANT AND TODDLER SPECIALISTS- An individual who--
`(i) has obtained an associate's or bachelor's degree in a discipline
that would qualify the individual to work in the program under part
C of the Individuals with Disabilities Education Act in the State in
which such individual resides; and
`(ii) has obtained employment in an occupation that is directly related
to such degree and that (I) provides services to infants, toddlers,
and their families under an individualized family service plan under
section 636 of the Individuals with Disabilities Education Act (20 U.S.C.
1436) or an individualized education plan under section 614(d) of such
Act (20 U.S.C. 1414(d)); or (II) provides training or technical assistance
to providers of such services.
`(G) READING SPECIALISTS- An individual who is employed as an elementary
or secondary school teacher who primarily teaches reading and who--
`(i) has obtained a separate reading instruction credential from the
State in which the teacher is employed; and
`(ii) who is certified by the chief administrative officer of the public
or nonprofit private elementary or secondary school in which the borrower
is employed to teach reading--
`(I) as being proficient in teaching the essential components of reading
instruction as defined in section 1208 of the Elementary and Secondary
Education Act of 1965; and
`(II) as having such credential.
`(H) ADDITIONAL PUBLIC SERVANTS- An individual who, as determined by the
Secretary of Education by regulation--
`(i) works in a public service profession that suffers from a critical
lack of qualified personnel;
`(ii) serves a low-income or needy community; and
`(iii) is highly qualified.
`(1) IN GENERAL- The Secretary shall assume the obligation to repay--
`(A) after each of the first or second years of service by an individual
in a qualified public service position, 15 percent of the total amount
of principal and interest of the loans described in subsection (b)(1)
to such individual that are outstanding immediately preceding such first
year of such service;
`(B) after each of the third or fourth years of such service, 20 percent
of such total amount; and
`(C) after the fifth year of such service, 30 percent of such total amount.
`(2) TOTAL OBLIGATION- The Secretary shall repay for an individual under
this section not more than $20,000 in the aggregate of the loan obligation
on loans described in subsection (b)(1).
`(3) TREATMENT OF CONSOLIDATION LOANS- A loan amount for a loan made under
section 428C or for a Federal Direct Consolidation Loan may be a qualified
loan amount for the purposes of this subsection only to the extent that
such loan amount was used to repay a loan described in subsection (b)(1)
for a borrower who meets the requirements of subsection (b), as determined
in accordance with regulations prescribed by the Secretary.
`(4) CONSTRUCTION- Nothing in this section shall be construed to authorize
the refunding of any repayment of a loan made under section 428 or 428H,
a Federal Direct Stafford Loan or Federal Direct Unsubsidized Stafford Loan,
a Federal Direct Loan, or a Federal Perkins Loan.
`(5) INTEREST- If a portion of a loan is repaid by the Secretary under this
section for any year, the proportionate amount of interest on such loan
that accrues for such year shall be repaid by the Secretary.
`(6) INELIGIBILITY OF NATIONAL SERVICE AWARD RECIPIENTS- No student borrower
may, for the same service, receive a benefit under both this section and
subtitle D of title I of the National and Community Service Act of 1990
(42 U.S.C. 12601 et seq.).
`(7) INELIGIBILITY FOR DOUBLE BENEFITS- No borrower may receive a reduction
of loan obligations under both this section and section 428J or 460.
`(8) CONTINUED ELIGIBILITY-
`(A) TEACHERS- Any teacher who performs service in a school that--
`(i) meets the requirements of subsection (b)(2)(A)(ii)(I) in any year
during such service; and
`(ii) in a subsequent year fails to meet the requirements of such subsection,
may continue to teach in such school and shall be eligible for loan forgiveness
pursuant to subsection (b).
`(B) TEACHERS IN LOW-INCOME COMMUNITIES- Any early childhood educator
who performs service in a community that--
`(i) meets the definition of low-income community in any year during
such service; and
`(ii) in a subsequent year fails to meet such definition,
may continue to perform service in such community and shall be eligible
for loan forgiveness pursuant to subsection (b).
`(d) Repayment to Eligible Lenders and Holders- The Secretary shall pay to
each eligible lender or holder for each fiscal year an amount equal to the
aggregate amount of the lender's or holder's loans that are subject to repayment
pursuant to this section for such year.
`(e) Application for Repayment-
`(1) IN GENERAL- Each eligible individual desiring loan repayment under
this section shall submit a complete and accurate application to the Secretary
at such time, in such manner, and containing such information as the Secretary
may require.
`(2) CONDITIONS- An eligible individual may apply for loan repayment under
this section after completing each of the consecutive years of qualifying
service described in subsection (c)(1). The borrower may elect to receive
forbearance while engaged in qualifying service described in subsection
(c)(1) unless the borrower is in deferment while so engaged.
`(3) NOTICE CONCERNING ELIGIBILITY FOR APPLICATION- The Secretary shall
notify education agencies and other public agencies of the benefits available
under this section, and encourage such agencies to notify individuals in
eligible public service positions of such benefits.
`(f) Regulations- The Secretary is authorized to prescribe such regulations
as may be necessary to carry out the provisions of this section. Such regulations
shall require the Secretary to actively inform individuals eligible for the
provisions of this section of the loan forgiveness described under this section.
`(g) Definitions- In this section:
`(1) CHILD CARE FACILITY- The term `child care facility' means a facility,
including a home, that--
`(A) provides child care services; and
`(B) meets applicable State or local government licensing, certification,
approval, or registration requirements, if any.
`(2) CHILD CARE SERVICES- The term `child care services' means activities
and services provided for the education and care of children from birth
through age 5 by an individual who has a degree in early childhood education,
including a preschool teacher.
`(3) CHILD WELFARE SERVICES- The term `child welfare services' has the meaning
given the term in section 425 of the Social Security Act.
`(4) DEGREE- The term `degree' means an associate's or bachelor's degree
awarded by an institution of higher education.
`(5) EARLY CHILDHOOD EDUCATION- The term `early childhood education' means
education in the area of early child development and education, child care,
or any other educational area related to early child education or child
care that the Secretary determines to be appropriate.
`(6) ELIGIBLE NURSE- The term `eligible nurse' means a nurse who meets all
of the following:
`(A) The nurse graduated from--
`(i) an accredited school of nursing (as those terms are defined in
section 801 of the Public Health Service Act (42 U.S.C. 296));
`(ii) a nursing center; or
`(iii) an academic health center that provides nurse training.
`(B) The nurse holds a valid and unrestricted license to practice nursing
in the State in which the nurse practices in a clinical setting.
`(C) The nurse holds 1 or more of the following:
`(i) A graduate degree in nursing, or an equivalent degree.
`(ii) A nursing degree from a collegiate school of nursing (as defined
in section 801 of the Public Health Service Act (42 U.S.C. 296)).
`(iii) A nursing degree from an associate degree school of nursing (as
defined in section 801 of the Public Health Service Act (42 U.S.C. 296)).
`(iv) A nursing degree from a diploma school of nursing (as defined
in section 801 of the Public Health Service Act (42 U.S.C. 296)).
`(7) ELIGIBLE PRESCHOOL PROGRAM PROVIDER- The term `eligible preschool program
provider' means a preschool program provider serving children younger than
the age of compulsory school attendance that is--
`(A) a public or private school;
`(B) a provider that is supported, sponsored, supervised, or administered
by a local educational agency;
`(C) a Head Start agency designated under the Head Start Act (42 U.S.C.
9831 et seq.);
`(D) a nonprofit or community-based organization; or
`(E) a licensed child care center or family child care provider.
`(8) LOW-INCOME COMMUNITY- In this subsection, the term `low-income community'
means a community in which 70 percent of households earn less than 85 percent
of the State median household income.
`(9) PRESCHOOL TEACHER- The term `preschool teacher' means an individual--
`(A) who has received at least an associate's degree in early childhood
education and who is working toward or who has already received a bachelor's
degree in early childhood education; and
`(B) who works for an eligible preschool program provider supporting the
children's cognitive, social, emotional, and physical development to prepare
the children for the transition to kindergarten.
`(10) YEAR- The term `year', where applied to service as a teacher (or service
as a member of an accredited school of nursing (as those terms are defined
in section 801 of the Public Health Service Act (42 U.S.C. 296))), means
an academic year as defined by the Secretary.'.
SEC. 109. SIGNIFICANTLY SIMPLIFYING THE STUDENT AID APPLICATION PROCESS.
(a) Expanding the Auto-Zero and Further Simplifying the Simplified Needs Test-
(1) SIMPLIFIED NEEDS TEST- Section 479 (20 U.S.C. 1087ss) is amended--
(I) by striking clause (i) of subparagraph (A) and inserting the following:
`(i) the student's parents--
`(I) file, or are eligible to file, a form described in paragraph
(3); or
`(II) certify that they are not required to file an income tax return;
or
`(III) or the student received benefits at some time during the previous
12-month period under a means-tested Federal benefit program as defined
under subsection (d); and'; and
(II) by striking clause (i) of subparagraph (B) and inserting the
following:
`(i) the student (and the student's spouse, if any)--
`(I) files, or is eligible to file, a form described in paragraph
(3); or
`(II) certifies that the student (and the student's spouse, if any)
is not required to file an income tax return; or
`(III) received benefits at some time during the previous 12-month
period under a means-tested Federal benefit program as defined under
subsection (d); and'; and
(ii) in paragraph (3), by striking `A student or family files a form
described in this subsection, or subsection (c), as the case may be,
if the student or family, respectively, files' and inserting `In the
case of an independent student, the student, or in the case of a dependent
student, the parent, files a form described in this subsection, or subsection
(c), as the case may be, if the student or parent, as appropriate, files';
(i) in paragraph (1), by striking subparagraphs (A) and (B) and inserting
the following:
`(A) the student's parents--
`(i) file, or are eligible to file, a form described in subsection (b)(3);
or
`(ii) certify that they are not required to file an income tax return;
or
`(iii) or the student received benefits at some time during the previous
12-month period under a means-tested Federal benefit program as defined
under subsection (d); and
`(B) the sum of the adjusted gross income of the parents is less than
or equal to $25,000; or'; and
(ii) in paragraph (2), by striking subparagraphs (A) and (B) and inserting
the following:
`(A) the student (and the student's spouse, if any)--
`(i) files, or is eligible to file, a form described in subsection (b)(3);
or
`(ii) certifies that the student (and the student's spouse, if any)
is not required to file an income tax return; or
`(iii) received benefits at some time during the previous 12-month period
under a means-tested Federal benefit program as defined under subsection
(d); and
`(B) the sum of the adjusted gross income of the student and spouse (if
appropriate) is less than or equal to $25,000.'; and
(iii) by inserting after the last sentence of such subsection the following:
`The Secretary shall annually adjust the income level necessary to qualify
an applicant for the zero expected family contribution under this subsection.
The income level shall be adjusted according to increases in the Consumer
Price Index, as specified in section 478(f).'; and
(C) by adding at the end the following new subsections:
`(d) Means-Tested Federal Benefit Program- For the purposes of this section,
the term `means-tested Federal benefit program' means a mandatory spending
program of the Federal Government in which eligibility for the program's benefits,
or the amount of such benefits, or both, are determined on the basis of income
or resources of the individual or family seeking the benefit, and includes
the supplemental security income program under title XVI of the Social Security
Act, the food stamp program under the Food Stamp Act of 1977, the free and
reduced price school lunch program established under the Richard B. Russell
National School Lunch Act, the temporary assistance to needy families program
established under part A of title IV of the Social Security Act, and the women,
infants and children program established under Section 17 of the Child Nutrition
Act of 1966.
`(e) Reporting Requirements- The Secretary shall regularly evaluate the impact
of the eligibility guidelines in subsections (b)(1)(A)(i), (b)(1)(B)(i), (c)(1)(A)
and (c)(2)(A) of this section. In particular, the Secretary shall evaluate
whether the means-tested Federal benefit programs (as defined by subsection
(d)) ensure that the Simplified Needs Test continues to be targeted to the
maximum number of low- and moderate-income students.'.
(b) Improvements to Paper and Electronic Forms-
(1) COMMON FINANCIAL AID FORM DEVELOPMENT AND PROCESSING- Section 483 (20
U.S.C. 1090) is amended--
(i) by striking paragraphs (1), (2), and (5);
(ii) by redesignating paragraphs (3), (4), (6), and (7), as paragraphs
(9), (10), (11), and (12), respectively;
(iii) by inserting before paragraph (9), as redesignated by subparagraph
(B), the following:
`(1) IN GENERAL- The Secretary, in cooperation with representatives of agencies
and organizations involved in student financial assistance, shall produce,
distribute, and process free of charge common financial reporting forms
as described in this subsection to be used for application and reapplication
to determine the need and eligibility of a student for financial assistance
under parts A through E (other than subpart 4 of part A). These forms shall
be made available to applicants in both paper and electronic formats and
shall be referred to as the `Free Application for Federal Student Aid' or
the `FAFSA' .
`(2) EARLY ESTIMATES- The Secretary shall permit applicants to complete
such forms as described in this subsection in the years prior to enrollment
in order to obtain an estimate of the family contribution, as defined by
section 473. Such applicants shall be permitted to update information submitted
on forms described in this subsection using the process required under paragraph
(5)(A).
`(A) IN GENERAL- The Secretary shall produce, distribute, and process
common forms in paper format to meet the requirements of paragraph (1).
The Secretary shall develop a common paper form for applicants who do
not meet the requirements of subparagraph (B).
`(i) IN GENERAL- The Secretary shall develop and use a simplified paper
application form, to be known as the `EZ FAFSA', to be used for applicants
meeting the requirements of section 479(c).
`(ii) REDUCED DATA REQUIREMENTS- The EZ FAFSA shall permit an applicant
to submit for financial assistance purposes, only the data elements
required to make a determination of whether the applicant meets the
requirements under section 479(c).
`(iii) STATE DATA- The Secretary shall include on the EZ FAFSA such
data items as may be necessary to award State financial assistance,
as provided under paragraph (6), except that the Secretary shall not
include a State's data if that State does not permit its applicants
for State assistance to use the EZ FAFSA.
`(iv) FREE AVAILABILITY AND PROCESSING- The provisions of paragraph
(7) shall apply to the EZ FAFSA, and the data collected by means of
the EZ FAFSA shall be available to institutions of higher education,
guaranty agencies, and States in accordance with paragraph (9).
`(v) TESTING- The Secretary shall conduct appropriate field testing
on the EZ FAFSA.
`(C) PROMOTING THE USE OF ELECTRONIC FAFSA-
`(i) IN GENERAL- The Secretary shall make all efforts to encourage all
applicants to utilize the electronic forms described in paragraph (4).
`(ii) MAINTENANCE OF THE FAFSA IN A PRINTABLE ELECTRONIC FILE- The Secretary
shall maintain a version of the paper forms described in subparagraphs
(A) and (B) in a printable electronic file that is easily portable.
The printable electronic file will be made easily accessible and downloadable
to students on the same website used to provide students with the electronic
application forms described in paragraph (4) of this subsection. The
Secretary shall enable students to submit a form created under this
subparagraph that is downloaded and printed from an electronic file
format in order to meet the filing requirements of this section and
in order to receive aid from programs under this title.
`(iii) REPORTING REQUIREMENT- The Secretary shall report annually to
Congress on the impact of the digital divide on students completing
applications for title IV aid described under this paragraph and paragraph
(4). The Secretary will also report on the steps taken to eliminate
the digital divide and phase out the paper form described in subparagraph
(A) of this paragraph. The Secretary's report will specifically address
the impact of the digital divide on the following student populations:
independent students, adults, and dependent students.
`(A) IN GENERAL- The Secretary shall produce, distribute, and process
common forms in electronic format to meet the requirements of paragraph
(1). The Secretary shall develop common electronic forms for applicants
who do not meet the requirements of subparagraph (C) of this paragraph.
`(B) STATE DATA- The Secretary shall include on the common electronic
forms space for information that needs to be submitted from the applicant
to be eligible for State financial assistance, as provided under paragraph
(6), except the Secretary shall not require applicants to complete data
required by any State other than the applicant's State of residence.
`(C) SIMPLIFIED APPLICATIONS: FAFSA ON THE WEB-
`(i) IN GENERAL- The Secretary shall develop and use a simplified electronic
application form to be used by applicants meeting the requirements under
subsection (c) of section 479 and an additional, separate simplified
electronic application form to be used by applicants meeting the requirements
under subsection (b) of section 479.
`(ii) REDUCED DATA REQUIREMENTS- The simplified electronic application
forms shall permit an applicant to submit for financial assistance purposes,
only the data elements required to make a determination of whether the
applicant meets the requirements under subsection (b) or (c) of section
479.
`(iii) STATE DATA- The Secretary shall include on the simplified electronic
application forms such data items as may be necessary to award state
financial assistance, as provided under paragraph (6), except that the
Secretary shall not require applicants to complete data required by
any State other than the applicant's state of residence.
`(iv) AVAILABILITY AND PROCESSING- The data collected by means of the
simplified electronic application forms shall be available to institutions
of higher education, guaranty agencies, and States in accordance with
paragraph (9).
`(v) TESTING- The Secretary shall conduct appropriate field testing
on the forms developed under this subparagraph.
`(D) USE OF FORMS- Nothing in this subsection shall be construed to prohibit
the use of the forms developed by the Secretary pursuant to this paragraph
by an eligible institution, eligible lender, guaranty agency, State grant
agency, private computer software provider, a consortium thereof, or such
other entities as the Secretary may designate.
`(E) PRIVACY- The Secretary shall ensure that data collection under this
paragraph complies with section 552a of title 5, United States Code, and
that any entity using the electronic version of the forms developed by
the Secretary pursuant to this paragraph shall maintain reasonable and
appropriate administrative, technical, and physical safeguards to ensure
the integrity and confidentiality of the information, and to protect against
security threats, or unauthorized uses or disclosures of the information
provided on the electronic version of the forms. Data collected by such
electronic version of the forms shall be used only for the application,
award, and administration of aid awarded under this title, State aid awarded
under section 415C, or aid awarded by eligible institutions or such entities
as the Secretary may designate. No data collected by such electronic version
of the forms shall be used for making final aid awards under this title
until such data have been processed by the Secretary or a contractor or
designee of the Secretary, except as may be permitted under this title.
`(F) SIGNATURE- Notwithstanding any other provision of this Act, the Secretary
may permit an electronic form under this paragraph to be submitted without
a signature, if a signature is subsequently submitted by the applicant
or if the applicant uses a personal identification number provided by
the Secretary under subparagraph (G) of this paragraph.
`(G) PERSONAL IDENTIFICATION NUMBERS AUTHORIZED- The Secretary may assign
to applicants personal identification numbers--
`(i) to enable the applicants to use such numbers in lieu of a signature
for purposes of completing a form under this paragraph;
`(ii) to enable the applicants to use such numbers in lieu of a signature
for purposes of completing forms required by States under section 415C;
and
`(iii) for any purpose determined by the Secretary to enable the Secretary
to carry out this title.
`(A) STREAMLINED REAPPLICATION PROCESS-
`(i) IN GENERAL- The Secretary shall develop streamlined reapplication
forms and processes, including both paper and electronic reapplication
processes, consistent with the requirements of this subsection, for
an applicant who applies for financial assistance under this title in
the next succeeding academic year subsequent to the year in which such
applicant first applied for financial assistance under this title.
`(ii) MECHANISMS FOR REAPPLICATION- The Secretary shall develop appropriate
mechanisms to support reapplication.
`(iii) IDENTIFICATION OF UPDATED DATA- The Secretary shall determine,
in cooperation with States, institutions of higher education, agencies,
and organizations involved in student financial assistance, the data
elements that can be updated from the previous academic year's application.
`(iv) REDUCED DATA AUTHORIZED- Nothing in this title shall be construed
as limiting the authority of the Secretary to reduce the number of data
elements required of reapplicants.
`(v) ZERO FAMILY CONTRIBUTION- Applicants determined to have a zero
family contribution pursuant to section 479(c) shall not be required
to provide any financial data in a reapplication form, except that which
is necessary to determine eligibility under such section.
`(B) REDUCTION OF DATA ELEMENTS-
`(i) REDUCTION REQUIRED- Of the number of data elements on the FAFSA
on the date of enactment of the College Opportunity for All Act (including
questions on the FAFSA for the purposes described in paragraph (6)),
the Secretary, in cooperation with representatives of agencies and organizations
involved in student financial assistance, shall reduce the number of
such data elements by 50 percent within 5 years after such date of enactment.
Reductions of data elements under paragraph (3)(B), (4)(C), or (5)(A)(iv)
shall not be counted towards such 50 percent reduction unless those
data elements are reduced for all applicants.
`(ii) REPORT- The Secretary shall submit a report on the process of
this reduction to each House of Congress within 2 years after such date
of enactment.
`(A) IN GENERAL- The Secretary shall include on the forms developed under
this subsection, such State-specific nonfinancial data items as the Secretary
determines are necessary to meet State requirements for need-based State
aid under section 415C, except as provided in paragraphs (3)(B)(iii) and
(4)(C)(iii) of this subsection. Such items shall be selected in consultation
with State agencies that submit applications under section 415C in order
to assist in the awarding of State financial assistance in accordance
with the terms of this subsection, except as provided in paragraphs (3)(B)(iii)
and (4)(C)(iii) of this subsection. The number of such data items shall
not be less than the number included on the form on October 7, 1998, unless
a State notifies the Secretary that the State no longer requires those
data items for the distribution of State need-based aid.
`(B) ANNUAL REVIEW- The Secretary shall conduct an annual review process
to determine which forms and nonfinancial data items the States require
to award need-based State aid and other application requirements that
the States may impose.
`(C) STATE USE OF SIMPLIFIED FORMS- The Secretary shall encourage states
to take such steps as necessary to encourage the use of simplified application
forms, including those described in paragraphs (3)(B) and (4)(C), to meet
the requirements under subsection (b) or (c) of section 479.
`(D) FEDERAL REGISTER NOTICE- The Secretary shall publish on an annual
basis a notice in the Federal Register requiring State agencies to inform
the Secretary--
`(i) if the State agency is unable to permit applicants to utilize the
simplified application forms described in paragraphs (3)(B) and (4)(C);
and
`(ii) of the State-specific nonfinancial data that the State agency
requires for delivery of State need-based financial aid.
`(E) STATE NOTIFICATION TO THE SECRETARY-
`(i) IN GENERAL- Each State agency that submits an application under
section 415C shall notify the Secretary--
`(I) whether the State permits an applicant to file a form described
in paragraph (3)(B) or (4)(A) of this subsection for purposes of determining
eligibility for State need-based grant aid; and
`(II) the State-specific nonfinancial data that the State agency requires
for delivery of State need-based financial aid.
`(ii) ACCEPTANCE OF FORMS- In the event that a State does not permit
an applicant to file a form described in paragraph (3)(B) or (4)(A)
of this subsection for purposes of determining eligibility for State
need-based grant aid--
`(I) the State shall notify the Secretary if the State is not permitted
to do so because of either State law or because of agency policy;
and
`(II) the notification under subclause (I) shall include an estimate
of the program cost to permit applicants to complete simplified application
forms under paragraphs (3)(B) and (4)(A) of this subsection.
`(iii) LACK OF NOTIFICATION BY THE STATE- If a State does not notify
the Secretary pursuant to clause (i), the Secretary shall--
`(I) permit residents of that State to complete simplified application
forms under paragraphs (3)(B) and (4)(A) of this subsection; and
`(II) not require any resident of that State to complete any nonfinancial
data previously required by that State under this section.
`(7) CHARGES TO STUDENTS AND PARENTS FOR USE OF FORMS PROHIBITED-
`(A) FEES PROHIBITED- The FAFSA, in whatever form (including the EZ-FAFSA,
paper, electronic, simplified, or reapplication), shall be produced, distributed,
and processed by the Secretary and no parent or student shall be charged
a fee for the collection, processing, or delivery of financial aid through
the use of the FAFSA. The need and eligibility of a student for financial
assistance under parts A through E of this title (other than under subpart
4 of part A) may only be determined by using the FAFSA developed by the
Secretary pursuant to this subsection. No student may receive assistance
under parts A through E of this title (other than under subpart 4 of part
A), except by use of the FAFSA developed by the Secretary pursuant to
this subsection. No data collected on a form for which a fee is charged
shall be used to complete the FAFSA.
`(B) NOTICE- Any entity that provides to students and parents, or charges
students or parents for, any value-added services with respect to or in
connection with the FAFSA, such as completion of the FAFSA, submission
of the FAFSA, or tracking of the FAFSA for a student, shall provide to
students and parents clear and conspicuous notice that--
`(i) the FAFSA is a free Federal student aid application;
`(ii) the FAFSA can be completed without professional assistance; and
`(iii) includes the current Internet address for the FAFSA on the Department's
web site.
`(8) APPLICATION PROCESSING CYCLE- The Secretary shall enable students to
submit a form created under this subsection in order to meet the filing
requirements of this section and in order to receive aid from programs under
this title and shall initiate the processing of applications under this
subsection as early as practicable prior to January 1 of the student's planned
year of enrollment.';
(B) by adding at the end of subsection (a) the following paragraph:
`(13) EARLY APPLICATION AND AWARD DEMONSTRATION PROGRAM-
`(A) PROGRAM REQUIRED- The Secretary shall, no later than two years after
the date of enactment of the College Opportunity for All Act, implement
an early application demonstration program enabling dependent students
to complete applications under this subsection in their junior year of
high school, or in the academic year that is two years prior to their
intended year of enrollment, and to be eligible to receive aid under this
title and such aid as may be available from participants, including State
financial assistance as provided under section 415C and other aid provided
by participating institutions.
`(B) PURPOSE AND OBJECTIVES- The purpose of the demonstration program
under this paragraph shall be to measure the benefits, in terms of student
aspirations and plans to attend college, and the adverse effects, in terms
of program costs, integrity, distribution, and delivery of aid under this
title, of implementing an early application system for all dependent students
that allows dependent students to apply for financial aid using information
from the year prior to the year prior to enrollment. Additional objectives
associated with implementation of the demonstration program are the following:
`(i) Measure the feasibility of enabling dependent students to apply
for Federal, State, and institutional financial aid in their junior
year of high school, using information from the year prior to the year
prior to enrollment, by completing any of the application forms under
this subsection.
`(ii) Determine the feasibility, benefits, and adverse effects of implementing
a data match with the Internal Revenue Service (IRS).
`(iii) Identify whether receiving final financial aid awards no later
than the fall of the senior year provides students with additional time
to compete for the limited resources available for State and institutional
financial aid and positively impacts the college aspirations and plans
of these students.
`(iv) Measure the impact of using income information from the year prior
to the year prior to enrollment on--
`(I) eligibility for financial aid under this title and for other
institutional aid; and
`(II) the cost of financial aid programs under this title.
`(iv) Effectively evaluate the benefits and adverse effects of the demonstration
program on program costs, integrity, distribution, and delivery of aid.
`(C) PARTICIPANTS- The Secretary shall select States and institutions
within those States to participate in the demonstration program under
this paragraph that are participating in the programs under this title
and that are willing to make final financial aid awards to students based
on their application information from the year prior to the year prior
to enrollment. The Secretary shall also select as participants in the
demonstration program secondary schools and dependent students that are
located in the participating States.
`(D) APPLICATION PROCESS- The Secretary shall insure that the following
provisions are included in the demonstration program:
`(i) Participating States and institutions shall allow participating
students to apply for financial aid during their junior year of high
school using information from the year prior to the year prior to enrollment
and all provisions available under this title and shall award final
financial aid awards to participating students based on the applications
provided under this demonstration program.
`(ii) Participating States and institutions shall not require students
participating in this demonstration program to complete an additional
application in the year prior to enrollment in order to receive State
aid under section 415C and any other institutional aid.
`(iii) Financial aid administrators at participating institutions shall
be allowed to use their discretion in awarding financial aid to participating
students, as outlined under section 479A and section 480(d)(7).
`(E) DATA MATCH WITH THE INTERNAL REVENUE SERVICE- The Secretary shall
include in this demonstration project a data match with the Internal Revenue
Service in order to verify data provided by participating students and
gauge the feasibility of implementing such a data match for all students
applying for aid under this title.
`(F) EVALUATION- The Secretary shall conduct a rigorous evaluation of
this demonstration program in order to measure its benefits and adverse
effects as indicated under subparagraph (A).
`(G) OUTREACH- The Secretary shall make appropriate efforts in order to
notify States of the demonstration program under this paragraph. Upon
determination of participating States, the Secretary shall continue to
make efforts to notify institutions and dependent students within participating
States of the opportunity to participate in the demonstration program
and of the participation requirements.'
(C) by striking subsection (b);
(D) by redesignating subsections (c), (d), and (e) as subsections (b),
(c), and (d), respectively.
(2) MASTER CALENDAR- Section 482(a)(1)(B) (20 U.S.C. 1089) is amended to
read as follows:
`(B) by March 1: proposed modifications, updates, and notices pursuant
to sections 479(c)(2)(C), 478, and 483(a)(6) published in the Federal
Register;'.
(c) Increasing Access to Technology- Section 483 (20 U.S.C. 1087ss) is further
amended by adding at the end the following:
`(e) Addressing the Digital Divide- The Secretary shall utilize savings accrued
by moving more applicants to the electronic forms described in subsection
(a)(4) to improve access to the electronic forms described in subsection (a)(4)
for applicants meeting the requirements of section 479(c).'
(d) Simplify the Treatment of Income: Reducing Untaxed Income and Benefits-
Subsection (b) of section 480 (20 U.S.C. 1087vv(b)) is amended to read as
follows:
`(b) Untaxed Income and Benefits-
`(1) The term `untaxed income and benefits' means--
`(A) child support received;
`(B) workman's compensation;
`(C) veteran's benefits such as death pension, dependency, and indemnity
compensation, but excluding veterans' education benefits as defined in
subsection (c);
`(D) interest on tax-free bonds;
`(E) housing, food, and other allowances (excluding rent subsidies for
low-income housing) for military, clergy, and others (including cash payments
and cash value of benefits);
`(F) cash support or any money paid on the student`s behalf, except, for
dependent students, funds provided by the student's parents;
`(G) untaxed portion of pensions;
`(H) payments to individual retirement accounts and Keogh accounts excluded
from income for Federal income tax purposes; and
`(I) any other untaxed income and benefits, such as Black Lung Benefits,
Refugee Assistance, railroad retirement benefits, or Job Training Partnership
Act noneducational benefits or benefits received through participation
in employment and training activities under title I of the Workforce Investment
Act of 1998.
`(2) The term `untaxed income and benefits' shall not include the amount
of additional child tax credit claimed for Federal income tax purposes.'.
(e) Reducing the Number of Questions- Section 484 (20 U.S.C. 1091) is amended
by striking subsection (r).
(f) Allowance for State and Other Taxes-
(1) ALLOWANCE FOR STATE AND LOCAL TAXES- Section 478 (20 U.S.C. 1087rr)
is amended--
(A) by striking subsection (g); and
(B) by redesignating subsection (h) as subsection (g).
(2) HOLDING STUDENTS HARMLESS- Section 475(c) (20 U.S.C. 1087oo(c)) is amended--
(i) by striking subparagraph (B); and
(ii) by redesignating subparagraphs (C), (D), (E), and (F) as subparagraphs
(B), (C), (D), and (E), respectively;
(B) by striking paragraph (2);
(C) by striking paragraph (4) and inserting the following:
`(4) INCOME PROTECTION ALLOWANCE- The income protection allowance is determined
by the following table (or a successor table prescribed by the Secretary
under section 478):
`Income Protection Allowance
---------------------------------------------------------------------------------------------------------
Family Size Number in College
(including student) 1 2 3 4 5 For each additional subtract:
---------------------------------------------------------------------------------------------------------
2 $15,207 $12,599 $3,641
3 18,937 16,350 $13,742
4 23,388 20,779 18,193 $15,596
5 27,595 24,986 22,400 19,802 $17,216
6 32,268 29,670 27,084 24,487 21,900
For each additional add: 2,586 2,586 2,586 2,586 2,586 ';
---------------------------------------------------------------------------------------------------------
(D) by redesignating paragraphs (3), (4) and (5) as paragraphs (2), (3)
and (4), respectively.
(3) DEPENDENT STUDENT INCREASE IN INCOME PROTECTION ALLOWANCE- Section 475(g)
(20 U.S.C. 1087oo(g)) is amended--
(i) by striking subparagraph (B);
(ii) by striking subparagraph (D) and inserting the following:
`(D) an income protection allowance of $2,589 (or a successor amount prescribed
by the Secretary under section 478);'; and
(iii) by redesignating subparagraphs (C), (D), (E), and (F) as subparagraphs
(B), (C), (D), and (E), respectively;
(B) by striking paragraph (3); and
(C) by redesignating paragraphs (4), (5), and (6) as paragraphs (3), (4),
and (5), respectively.
(4) INDEPENDENT STUDENT (WITHOUT DEPENDENTS) INCREASE IN INCOME PROTECTION
ALLOWANCE- Section 476(b) (20 U.S.C. 1087pp(b)) is amended--
(A) in subparagraph (A) of paragraph (1)--
(i) by striking clause (ii);
(ii) by striking subclauses (I), (II) and (III) of clause (iv) and inserting
the following:
`(I) $5,874 for single students;
`(II) $5,874 for married students who are both enrolled pursuant to
subsection (a)(2); and
`(III) $9,395 for married students where one is enrolled pursuant
to subsection (a)(2);'; and
(iii) by redesignating clauses (iii), (iv), (v), (vi), as clauses (ii),
(iii), (iv), and (v), respectively;
(B) by striking paragraph (2); and
(C) by redesignating paragraphs (3), (4), and (5) as paragraphs (2), (3),
and (4), respectively.
(5) INDEPENDENT STUDENT (WITH DEPENDENTS) INCREASE IN INCOME PROTECTION
ALLOWANCE- Section 477(b) (20 U.S.C. 1087qq(b)) is amended--
(i) by striking subparagraph (B); and
(ii) by redesignating (C), (D), (E), and (F) as subparagraphs (B), (C),
(D), and (E), respectively;
(B) by striking paragraph (2);
(C) by striking paragraph (4) and inserting the following:
`(4) INCOME PROTECTION ALLOWANCE- The income protection allowance is determined
by the following table (or a successor table prescribed by the Secretary
under section 478):
`Income Protection Allowance
---------------------------------------------------------------------------------------------------------
Family Size Number in College
(including student) 1 2 3 4 5 For each additional subtract:
---------------------------------------------------------------------------------------------------------
2 $16,935 $12,599 $3,641
3 18,937 16,350 $13,742
4 23,384 20,779 18,193 $15,596
5 27,596 24,986 22,400 19,802 $17,216
6 32,268 29,670 27,084 24,487 21,900
For each additional add: 2,586 2,586 2,586 2,586 2,586 ';
---------------------------------------------------------------------------------------------------------
(D) by redesignating paragraphs (3), (4), and (5) as paragraphs (2), (3),
and (4), respectively.
(6) CONFORMING AMENDMENT: UPDATES- Section 478(b) (20 U.S.C. 1087rr(b))
is amended--
(i) by striking `1993-1994' and inserting `2005-2006';
(ii) by striking `475(c)(4) and 477(b)(4)' and inserting `475(c)(3)
and 477(b)(3)'; and
(iii) by striking `December 1992' and inserting `December 2004'; and
(i) by striking `2000-2001' and inserting `2005-2006';
(ii) by striking `475(g)(2)(D) and 476(b)(1)(A)(iv)' and inserting `475(g)(2)(C)
and 476(b)(1)(A)(iii)'; and
(iii) by striking `December 1999' and inserting `December 2004'.
(g) Relief for Working Students-
(1) DEPENDENT STUDENTS- Paragraph (4) of section 475(g) (20 U.S.C. 1087oo(g)(4)),
as redesignated by subsection (f)(3)(C), is amended to read as follows:
`(4) the student's available income (determined in accordance with paragraph
(1) of this subsection) is assessed at 40 percent.'
(2) INDEPENDENT STUDENTS WITHOUT DEPENDENTS OTHER THAN A SPOUSE- Paragraph
(4) of section 476(b) (20 U.S.C. 1087pp(b)), as redesignated by subsection
(f)(3)(C), is amended to read as follows:
`(4) ASSESSMENT OF AVAILABLE INCOME- The family's available income (determined
in accordance with paragraph (1)(A) of this subsection) is assessed at 40
percent.'.
(h) Simplifying for Students With Special Circumstances- Section 480 (20 U.S.C.
1087vv) is amended by striking subsection (d) and inserting the following:
`(d) Independent Student-
`(1) DEFINITION- The term `independent' when used with respect to a student,
means any individual who--
`(A) is 24 years of age or older by December 31 of the award year;
`(B) is an orphan, in foster care, or a ward of the court, or was in foster
care or a ward of the court until the individual reached the age of 18;
`(C) is an emancipated youth as defined by his or her state of legal residence
or is in legal guardianship as defined by section 475(7) of the Social
Security Act;
`(D) is a veteran of the Armed Forces of the United States (as defined
in subsection (c)(1));
`(E) is a graduate or professional student;
`(F) is a married individual;
`(G) has legal dependents other than a spouse; or
`(H) is a student for whom a financial aid administrator makes a documented
determination of independence by reason of unusual circumstances.
`(2) SIMPLIFYING THE DEPENDENCY OVERRIDE PROCESS- Nothing in this subsection
shall prohibit a financial aid administrator to make a determination of
independence, as defined in paragraph (1)(H), based upon a documented determination
of independence, as defined in paragraph (1)(H), previously made by another
financial aid administrator in the same application year.'.
(i) Tailoring Electronic Applications for Students With Special Circumstances-
Section 483(a) of the Higher Education Act is further amended by inserting
after paragraph (13), as added by subsection (b)(1)(B) of this section, the
following new paragraph:
`(14) APPLICATIONS FOR STUDENTS SEEKING A DOCUMENTED DETERMINATION OF INDEPENDENCE-
In the case of dependent students seeking a documented determination of
independence by a financial aid administrator (as defined by section 480(d)),
nothing in this section shall prohibit the Secretary from--
`(A) allowing such students to indicate their special circumstance on
an electronic form developed pursuant for this section;
`(B) collecting and processing on a preliminary basis data provided by
such students using the electronic forms developed pursuant for this section;
and
`(C) distributing such data to institutions of higher education, guaranty
agencies, and States for the purposes of processing loan applications
and determining need and eligibility for institutional and State financial
aid awards on a preliminary basis, pending a documented determination
of independence by a financial aid administrator.'.
SEC. 110. AUTHORIZATIONS OF APPROPRIATIONS FOR CAMPUS-BASED AID.
(a) Federal TRIO Program Authorizations- Section 402A(f) (20 U.S.C. 1070a-11(f))
is amended--
(1) by striking `$700,000,000 for fiscal year 1999' and inserting `$1,250,000,000
for fiscal year 2004'; and
(2) by striking `4 succeeding fiscal years' and inserting `5 succeeding
fiscal years'.
(b) GEARUP- Section 404H (20 U.S.C. 1070a-28) is amended to read as follows:
`SEC. 404H. AUTHORIZATION OF APPROPRIATIONS.
`There are authorized to be appropriated to carry out this chapter--
`(1) $500,000,000 for fiscal year 2006; and
`(2) such sums as may be necessary for each of the 5 succeeding fiscal years.'.
(c) Federal Supplemental Educational Opportunity Grants-
(1) AUTHORIZATION- Section 413A(b)(1) (20 U.S.C. 1070b(b)(1)) is amended--
(A) by striking `$675,000,000 for fiscal year 1999' and inserting `$1,000,000,000
for fiscal year 2006'; and
(B) by striking `4 succeeding fiscal years' and inserting `5 succeeding
fiscal years'.
(2) MAXIMUM GRANT- Section 413B(a)(2) (20 U.S.C. 1070b-1(a)(2)) is amended
by striking `$4,000' and inserting `$8,000'.
(d) College Work-Study- Section 441(b) (20 U.S.C. 2751(b)) is amended to read
as follows:
`(b) Authorization of Appropriations- There are authorized to be appropriated
to carry out this part--
`(1) $1,500,000,000 for fiscal year 2006; and
`(2) such sums as may be necessary for each of the 5 succeeding fiscal years.'.
SEC. 111. SPECIAL PROGRAMS FOR STUDENTS WHOSE FAMILIES ARE ENGAGED IN MIGRANT
AND SEASONAL FARM WORK.
Section 418A (20 U.S.C. 1070d-2) is amended--
(1) in subsection (b)(1)(B)(i), by inserting `or whose spouse' after `themselves';
(2) in subsection (b)(3)(B), by inserting `, including preparation for college
entrance exams,' after `program';
(3) in subsection (b)(8), by inserting `, including child care and transportation'
after `students';
(4) by striking `and' at the end of subsection (b)(7), by striking the period
at the end of subsection (b)(8) and inserting `; and', and by adding at
the end of subsection (b) the following new paragraph:
`(9) follow up activity and reporting requirements, except that not more
than 2 percent of the funds provided under this section may be used for
such purposes.';
(5) in subsection (c)(1)(A), by inserting `or whose spouse' after `themselves';
(6) in subsection (c)(2)(B), by inserting `(including mentoring and guidance
of such students)' after `services';
(7) in subsection (c)(2), by striking `and' at the end of subparagraph (A),
by striking the period at the end of subparagraph (B) and inserting `; and',
and by adding at the end of subsection (c)(2) the following new subparagraph:
`(C) for students in any program that does not award a bachelor's degree,
encouraging the transfer to, and persistence in, such a program, and monitoring
the rate of such transfer, persistence, and completion.'; and
(A) in paragraph (1), by striking `$15,000,000 for fiscal year 1999 and
such sums as may be necessary for each of the 4 succeeding fiscal years'
and inserting `$24,000,000 for fiscal year 2006 and such sums as may be
necessary for each of the 5 succeeding fiscal years'; and
(B) in paragraph (2), by striking `$5,000,000 for fiscal year 1999 and
such sums as may be necessary for each of the 4 succeeding fiscal years'
and inserting `$16,000,000 for fiscal year 2006 and such sums as may be
necessary for each of the 5 succeeding fiscal years'.
SEC. 112. INITIATIVE TO ENHANCE COLLEGE GRADUATION RATES AND TO ACCELERATE
TIME TO DEGREE.
Part A of title IV is amended by inserting after subpart 7 the following new
subpart:
`Subpart 8--Initiative to Enhance College Graduation Rates and to Accelerate
Time to Degree
`SEC. 419P. PROGRAM AUTHORIZED.
`(a) Purpose- It is the purpose of this subpart to establish a six-year demonstration
initiative to test whether Federal financial aid can be leveraged more effectively
to reduce postsecondary remediation rates and improve degree attainment rates
for low-income students and former high school dropouts by allowing income-eligible
high school students to use Federal grants to get a head start on college.
`(b) Definition of an Early College High School- A secondary school is eligible
for purposes of this subpart if such school--
`(1) is a secondary school that has an enrollment of high school-aged students--
`(A) all of which are taking at least 50 percent of their courses at the
college level over 4 or 5 years; and
`(B) all of which, upon their graduation from high school, are working
towards earning an associates degree or up to 2 years of transferable
college credit; or
`(2) is a secondary school that--
`(A) has a partnership agreement establishing co-governance of the demonstration
sites between local educational agencies, secondary schools, postsecondary
institutions, or other partnering agencies (or any combination thereof),
including through a non-profit intermediary facilitating such partnerships;
`(B) supports cohorts of students in a coherent course of study with strong
individualized services supporting students;
`(C) encourages accelerated accumulation of college credits;
`(D) allows students to earn both a high school diploma and college credit
through a coherent course of study enabling the attainment of credit towards
a postsecondary degree or credential;
`(E) provides services to underrepresented populations such as students
eligible for Pell grants, first-generation college students, students
from school districts with high concentrations of poverty, English language
learners, or former high school dropouts; and
`(F) includes the participation of postsecondary institutions that are
in good standing under the Title IV programs.
`(c) Application- An early college high school which is a local education
agency or a local education agency on behalf of an early college high school
which desires to receive a grant under this section may submit an application
to the Secretary at such time and containing such information as the Secretary
may require. Such application shall require applicants to establish goals
for how many students will participate in the program, and goals for the academic
progress of participating students toward earning their high school diploma
and associate's degree, or transferable college credit, or both.
`(d) Selection of Grant Recipients- The Secretary shall select grant recipients
on a competitive basis. In making grants under this section the Secretary
shall award grants in an amount not less than $1,000,000.
`(1) ANNUAL EVALUATION- The Secretary of Education shall evaluate the programs
under this section on an annual basis. Such evaluations shall include--
`(A) the extent to which the institution, or partnership has met the goals
set forth in its application to the Secretary;
`(B) the number of students participating in the program offered, including
the progress of participating students towards earning their high school
diploma and their associate's degree, or transferable college credit,
or both; and
`(C) as consistent with the goals set forth in the application to the
Secretary, the number of former high school drop outs participating in
the program.
`(2) OTHER EVALUATIONS- Within 18 months of the start of the demonstration
initiative, the Secretary of Education shall report to the Committee on
Education and the Workforce of the House of Representatives and the Committee
on Health, Education, Labor, and Pensions of the Senate with respect to--
`(A) the evaluation of the demonstration program under this section; and
`(B) any proposed statutory changes to enhance the success of the programs
under this section.
`(f) Authorization- There are authorized to be appropriated to carry out this
subpart $100,000,000 for fiscal year 2006 and such sums as may be necessary
for each of the 5 succeeding fiscal years.'.
SEC. 113. CONSOLIDATION LOAN LENDER OF CHOICE.
(a) Student Loan Borrower Choice of Loan Consolidator- Section 428C(b)(1)(A)
of the Higher Education Act of 1965 (20 U.S.C. 1078-3(b)(1)(A)) is amended
by striking `and (i) the lender holds' and all that follows through `selected
for consolidation)'.
(b) Consolidation Loan Disclosure by Lenders- Section 428C(b)(1) of the Higher
Education Act of 1965 (20 U.S.C. 1078-3(b)(1)) is amended--
(1) by striking `and' at the end of subparagraph (E);
(2) by redesignating subparagraph (F) as subparagraph (G); and
(3) by inserting after subparagraph (E) the following new subparagraph:
`(F) that each applicant for a consolidation loan will be provided a clear
and conspicuous notice, in such form as the Secretary shall prescribe,
describing--
`(i) the effects of a consolidation loan and its available repayment
plans on the borrower's interest rate;
`(ii) the amount of his or her monthly and total payments, total interest
accrued, and the length of the repayment term;
`(iii) the ability of the student borrower to pre-pay loans; and
`(iv) the differences between variable and fixed interest rates;'.
(c) Disclosures by Institutions During Exit Counseling- Section 485(b) of
the Higher Education Act of 1965 (20 U.S.C. 1092(b)) is amended by adding
at the end the following new paragraph:
`(3) Each eligible institution shall provide to the borrower of a loan made
under part B, D, or E, during the exit interview required by this subsection,
a clear and conspicuous notice, in such form as the Secretary shall prescribe,
describing the effect of using a consolidation loan to discharge the borrower's
student loans, and including, with respect to a series of loan amounts ranges--
`(A) the differences between fixed and variable interest rates;
`(B) the effects of consolidation loan and its available repayment plans
on the borrower's interest rate, the amount of his or her monthly and total
payments, total interest accrued, and the length of repayment term; and
`(C) the ability of the student to prepay loans.'.
SEC. 114. ESTABLISHING ADDITIONAL SAFEGUARDS ON SCHOOLS ACTING AS LENDERS
UNDER THE FEDERAL FAMILY EDUCATION LOAN PROGRAM.
Section 435(d)(2) (20 U.S.C. 1085(d)(2)) is amended to read as follows:
`(2) REQUIREMENTS FOR ELIGIBLE INSTITUTIONS-
`(A) IN GENERAL- To be an eligible lender under this part, an eligible
institution
`(i) shall employ at least one person whose full-time responsibilities
are limited to the administration of programs of financial aid for students
attending such institution;
`(ii) shall not be a home study school;
`(iii) shall make loans to not more than 50 percent of the undergraduate
students at the institution;
`(iv) shall not make a loan, other than a loan to a graduate or professional
student, unless the borrower has previously received a loan from the
school;
`(v) shall award any contract for financing, servicing, administration,
or administration of loans under this title on a competitive basis;
`(vi) shall offer loans which carry a reduced origination fee, or a
lower interest rate, or both, than are authorized under the provisions
of this title;
`(vii) shall not have a cohort default rate (as defined in section 435(m))
greater than 10 percent;
`(viii) shall use any proceeds from special allowance payments and interest
payments from borrowers, and any proceeds from the sale or other disposition
of loans, for need-based grant programs; and
`(ix) shall, for any year for which the institution engages in activities
as an eligible lender, provide for a compliance audit conducted in accordance
with section 428(b)(1)(U)(iii)(I), and the regulations thereunder, and
submit the results of such audit to the Secretary.
`(B) ADMINISTRATIVE EXPENSES- An eligible lender under subparagraph (A)
shall be permitted to use a portion of the proceeds described in subparagraph
(A)(viii) for reasonable and direct administrative expenses.
`(C) SUPPLEMENT, NOT SUPPLANT- An eligible lender under subparagraph (A)
shall ensure that the proceeds described in subparagraph (A)(viii) are
used to supplement, and not to supplant, non-Federal funds that would
otherwise be used for need-based grant programs.'.
SEC. 115. BOOSTING OPPORTUNITIES FOR LOW-INCOME PARENTS TO PURSUE COLLEGE
DEGREES.
(a) Minimum Grant- Section 419N(b)(2)(B) (20 U.S.C. 1070e(b)(2)(B)) is amended
by striking `$10,000' and inserting `$30,000'.
(b) Eligible Institutions- Section 419N(b)(4) is amended by striking `$350,000'
and inserting `$250,000'.
(c) Income Eligibility- Section 419N(b)(7) is amended by striking `who is
eligible to receive' and inserting `whose income qualifies for eligibility
for'.
(d) Publicity- Section 419N(b) is further amended by adding at the end the
following new paragraph:
`(8) PUBLICITY- The Secretary shall publicize the availability of grants
under this section in appropriate periodicals, in addition to publication
in the Federal Register, and shall inform appropriate educational organizations
of such availability.'.
(e) Authorization of Appropriations- Section 419N(g) is amended by striking
`$45,000,000 for fiscal year 1999' and inserting `$75,000,000 for fiscal year
2006'.
SEC. 116. SUPPORT FOR COMMUNITY SERVICE IN COLLEGE WORK-STUDY PROGRAM.
(a) Authorization of Appropriations-
(1) AMENDMENT- Section 441(b) (20 U.S.C. 2751(b)) is amended to read as
follows:
`(b) Authorization of Appropriations-
`(1) IN GENERAL- There are authorized to be appropriated to carry out this
part (other than for community service competitive grants)--
`(A) $1,500,000,000 for fiscal year 2006; and
`(B) such sums as may be necessary for each of the 5 succeeding fiscal
years.
`(2) COMMUNITY SERVICE COMPETITIVE GRANTS- There are authorized to be appropriated
to make community service competitive grants under section 447(b)--
`(A) $350,000,000 for fiscal year 2006; and
`(B) such sums as may be necessary for each of the 5 succeeding fiscal
years.'.
(2) CONFORMING AMENDMENTS- Section 442 (42 U.S.C. 2752) is amended by striking
`section 441(b)' each place it appears and inserting `section 441(b)(1)'.
(b) Competitive Community Service Grants- Section 447 (42 U.S.C. 2756a) is
amended--
(1) by striking `Each institution' and inserting the following:
`(a) Use of Administrative Funds- '; and
(2) by adding at the end the following new subsection:
`(b) Competitive Grants to Further Enhance Community Service-
`(1) GRANTS AUTHORIZED- From the amounts appropriated under section 441(b)(2),
the Secretary is authorized to award competitive grants to institutions
that dedicate a significantly greater proportion of their allocations under
section 442 to providing community service opportunities under this part.
`(2) MINIMUM GRANT; DURATION- The minimum grant the Secretary shall award
under this subsection shall be $500,000, except that the Secretary may increase
such amount based on the number of participants and the level of community
service. A grant awarded under this subsection shall be for a single academic
year, but such grants may be continued in subsequent years to successful
competitors.
`(3) APPLICATIONS; AGREEMENTS- Any institution of higher education desiring
to obtain a grant under this subsection shall submit an application therefor
to the Secretary at such time, in such form, and containing or accompanied
by such information and agreements as the Secretary may require.'.
SEC. 117. B.J. STUPAK OLYMPIC SCHOLARSHIPS.
Section 1543(d) of the Higher Education Amendments of 1992 (20 U.S.C. 1070
note) is amended by striking `1999' and inserting `2006'.
SEC. 118. REDUCTION OF GUARANTY AGENCY PAYMENTS.
(a) Insurance Percentages- Subparagraph (G) of section 428(b)(1) (20 U.S.C.
1078(b)(1)(G)) is amended to read as follows:
`(G) insures 98 percent of the unpaid principal of loans insured under
the program, except that--
`(i) such program shall insure 100 percent of the unpaid principal of
loans made with funds advanced pursuant to section 428(j) or 439(q);
and
`(ii) with respect to any loan for which the first disbursement of principal
is made on or after October 1, 2006, the preceding provisions of this
subparagraph shall be applied--
`(I) by substituting `95 percent' for `98 percent'; and
`(II) by substituting `97 percent' for `100 percent';'.
(b) Retention of Collections- Subparagraph (B) of section 428(c)(6) (20 U.S.C.
1078(c)(6)(B)) is amended to read as follows:
`(B) an amount equal to the following percentage of such payments for
use in accordance with section 422B--
`(i) from October 1, 2003, until September 30, 2006, inclusive, 23 percent;
`(ii) from October 1, 2006, until September 30, 2008, inclusive, 20
percent;
`(iii) from October 1, 2008, until September 30, 2010, inclusive, 18
percent; and
`(iv) after September 30, 2010, 16 percent.'.
TITLE II--TEACHER QUALITY
SEC. 201. TEACHER RECRUITING AND PREPARATION.
(a) TEACH Grants- Title II of the Higher Education Act of 1965 (20 U.S.C.
1021 et seq.) is amended by adding at the end the following new part:
`PART C--TEACH GRANTS
`SEC. 231. PURPOSES.
`The purposes of the part are--
`(1) to improve student academic achievement;
`(2) to help recruit and prepare teachers to meet the national demand for
a highly qualified teacher in every classroom; and
`(3) to increase opportunities for Americans of all educational, ethnic,
class, and geographic backgrounds to become highly qualified teachers.
`SEC. 232. PROGRAM ESTABLISHED.
`(1) PAYMENTS REQUIRED- For each of the fiscal years 2006 through 2013,
the Secretary shall pay to each eligible institution such sums as may be
necessary to pay to each eligible student (defined in accordance with section
484) who files an application and agreement in accordance with section 233,
and qualifies under subsection (a)(2) of such section, a TEACH Grant in
the amount of $4,000 for each academic year during which that student is
in attendance at an institution of higher education.
`(2) REFERENCE- Grants made under this part shall be known as `Teacher Education
Assistance for College and Higher Education Grants' or `TEACH Grants'.
`(b) Payment Methodology-
`(1) PREPAYMENT- Not less than 85 percent of such sums shall be advanced
to eligible institutions prior to the start of each payment period and shall
be based upon an amount requested by the institution as needed to pay eligible
students until such time as the Secretary determines and publishes in the
Federal Register with an opportunity for comment, an alternative payment
system that provides payments to institutions in an accurate and timely
manner, except that this sentence shall not be construed to limit the authority
of the Secretary to place an institution on a reimbursement system of payment.
`(2) DIRECT PAYMENT- Nothing in this section shall be interpreted to prohibit
the Secretary from paying directly to students, in advance of the beginning
of the academic term, an amount for which they are eligible, in cases where
the eligible institution elects not to participate in the disbursement system
required by paragraph (1).
`(3) DISTRIBUTION OF GRANTS TO STUDENTS- Payments under this part shall
be made, in accordance with regulations promulgated by the Secretary for
such purpose, in such manner as will best accomplish the purpose of this
part. Any disbursement allowed to be made by crediting the student's account
shall be limited to tuition and fees and, in the case of institutionally
owned housing, room and board. The student may elect to have the institution
provide other such goods and services by crediting the student's account.
`(c) Reductions in Amount-
`(1) PART TIME STUDENTS- In any case where a student attends an institution
of higher education on less than a full-time basis (including a student
who attends an institution of higher education on less than a half-time
basis) during any academic year, the amount of the TEACH Grant for which
that student is eligible shall be reduced in proportion to the degree to
which that student is not so attending on a full-time basis, in accordance
with a schedule of reductions established by the Secretary for the purposes
of this part, computed in accordance with this part. Such schedule of reductions
shall be established by regulation and published in the Federal Register
in accordance with section 482 of this Act.
`(2) NO EXCEEDING COST- No TEACH Grant under this part shall exceed the
the cost of attendance (as defined in section 472) at the institution at
which that student is in attendance. If, with respect to any student, it
is determined that the amount of a TEACH Grant exceeds the cost of attendance
for that year, the amount of the TEACH Grant shall be reduced until the
TEACH Grant does not exceed the cost of attendance at such institution.
`(d) Period of Eligibility for Grants-
`(1) UNDERGRADUATE STUDENTS- The period during which an undergraduate student
may receive TEACH Grants shall be the period required for the completion
of the first undergraduate baccalaureate course of study being pursued by
that student at the institution at which the student is in attendance except
that--
`(A) any period during which the student is enrolled in a noncredit or
remedial course of study as defined in paragraph (3) shall not be counted
for the purpose of this paragraph; and
`(B) the total amount that a student may receive under this part for undergraduate
study shall not exceed $16,000.
`(2) GRADUATE STUDENTS- The period during which a graduate student may receive
TEACH Grants shall be the period required for the completion of a master's
degree course of study being pursued by that student at the institution
at which the student is in attendance, except that the total amount that
a student may receive under this part for graduate study shall not exceed
$8,000.
`(3) REMEDIAL COURSE; STUDY ABROAD- Nothing in this section shall exclude
from eligibility courses of study which are noncredit or remedial in nature
(including courses in English language acquisition) which are determined
by the institution to be necessary to help the student be prepared for the
pursuit of a first undergraduate baccalaureate degree or certificate or,
in the case of courses in English language instruction, to be necessary
to enable the student to utilize already existing knowledge, training, or
skills. Nothing in this section shall exclude from eligibility programs
of study abroad that are approved for credit by the home institution at
which the student is enrolled.
`SEC. 233. ELIGIBILITY AND APPLICATIONS FOR GRANTS.
`(a) Applications; Demonstration of Eligibility-
`(1) FILING REQUIRED- The Secretary shall from time to time set dates by
which students shall file applications for TEACH Grants under this part.
Each student desiring a TEACH Grant for any year shall file an application
therefore containing such information and assurances as the Secretary may
deem necessary to enable the Secretary to carry out the functions and responsibilities
of this part.
`(2) DEMONSTRATION OF ELIGIBILITY- Each such application shall contain such
information as is necessary to demonstrate that--
`(A) if the applicant is an enrolled student--
`(i) the student is an eligible student for purposes of section 484
(other than subsection (r) of such section);
`(I) has a grade point average that is determined, under standards
prescribed by the Secretary, to be comparable to a 3.25 average on
a zero to 4.0 scale, except that, if the student is in the first year
of a program of undergraduate education, such grade point average
shall be determined on the basis of the student's cumulative high
school grade point average; or
`(II) displayed high academic aptitude by receiving a score above
the 75th percentile on at least one of the batteries in a undergraduate
or graduate school admissions test; and
`(iii) the student is completing coursework and other requirements necessary
to begin a career in teaching, or plans to complete such coursework
and requirements prior to graduating; or
`(B) if the applicant is a current or prospective teacher applying for
a grant to obtain a graduate degree--
`(i) the applicant is a teacher or a retiree from another occupation
with expertise in a field in which there is a shortage of teachers,
such as math, science, special education, English language acquisition,
or another high-need subject; or
`(ii) the applicant is or was a teacher who is using high-quality alternative
certification routes, such as Teach for America, to get certified.
`(b) Agreements to Serve- Each application under subsection (a) shall contain
or be accompanied by an agreement by the applicant that--
`(1) the applicant will--
`(A) serve as a full-time teacher for a total of not less than 4 academic
years within 8 years after completing the course of study for which the
applicant received a TEACH Grant under this part;
`(i) in a school described in section 465(a)(2)(A); and
`(ii) in any of the following fields: mathematics, science, a foreign
language, bilingual education, or special education, or as a reading
specialist, or another field documented as high-need by the Federal
Government, State government, or local education agency and submitted
to the Secretary;
`(C) submit evidence of such employment in the form of a certification
by the chief administrative officer of the school upon completion of each
year of such service; and
`(D) comply with the requirements for being a highly qualified teacher
as defined in section 9101 of the Elementary and Secondary Education Act
of 1965; and
`(2) in the event that the applicant is determined to have failed or refused
to carry out such service obligation, the sum of the amounts of such Grants
will be treated as a loan and collected from the applicant in accordance
with subsection (c) and the regulations thereunder.
`(c) Repayment for Failure to Complete Service- In the event that any recipient
of an TEACH Grant fails or refuses to comply with the service obligation in
the agreement under subsection (b), the sum of the amounts of such Grants
provided to such recipient shall be treated as a Direct Loan under part D
of title IV, and shall be subject to repayment in accordance with terms and
conditions specified by the Secretary in regulations under this part.'.
(b) Recruiting Teachers With Math, Science, or Language Major- Title II of
the Higher Education Act of 1965 is further amended by adding after part C
(as added by subsection (a)) the following new part:
`PART D--RECRUITING TEACHERS WITH MATH, SCIENCE, OR LANGUAGE MAJORS
`SEC. 241. PROGRAM AUTHORIZED.
`(a) Grants Authorized- From the amounts appropriated under section 242, the
Secretary shall make competitive grants to institutions of higher education
to improve the availability and recruitment of teachers from among students
majoring in math, science, foreign languages, special education, or teaching
the English language to students with limited English proficiency. In making
such grants, the Secretary shall give priority to programs that focus on preparing
teachers in subjects in which there is a shortage of highly qualified teachers
and that prepare students to teach in high-need schools.
`(b) Application- Any institution of higher education desiring to obtain a
grant under this part shall submit to the Secretary an application at such
time, in such form, and containing such information and assurances as the
Secretary may require, which shall--
`(1) include reporting on baseline production of teachers with expertise
in math, science, a foreign language, or teaching English language learners;
and
`(2) establish a goal and timeline for increasing the number of such teachers
who are prepared by the institution.
`(c) Use of Funds- Funds made available by grant under this part--
`(1) shall be used to create new recruitment incentives to teaching from
other majors, with an emphasis on high-need subjects such as math, science,
foreign languages, and teaching the English language to students with limited
English proficiency;
`(2) may be used to upgrade curriculum in order to provide all students
studying to become teachers with high-quality instructional strategies for
teaching reading and teaching the English language to students with limited
English proficiency, and for modifying instruction to teach students with
special needs;
`(3) may be used to integrate school of education faculty with other arts
and science faculty in math, science, foreign languages, and teaching the
English language to students with limited English proficiency through steps
such as--
`(A) dual appointments for faculty between schools of education and schools
of arts and science; and
`(B) integrating coursework with clinical experience; and
`(4) may be used to develop strategic plans between schools of education
and local school districts to better prepare teachers for high-need schools,
including the creation of professional development partnerships for training
new teachers in state-of-the-art practice.
`SEC. 242. AUTHORIZATION OF APPROPRIATIONS.
`There are authorized to be appropriated to make grants under this part $200,000,000
for fiscal year 2006 and such sums as may be necessary for each of the 5 succeeding
fiscal years.'.
(c) Part A Authorization- Section 210 of the Higher Education Act of 1965
(20 U.S.C. 1030) is amended--
(1) by striking `$300,000,000 for fiscal year 1999' and inserting `$400,000,000
for fiscal year 2006'; and
(2) by striking `4 succeeding' and inserting `5 succeeding'.
SEC. 202. TEACHER QUALITY ENHANCEMENT GRANTS.
Part A of title II of the Higher Education Act of 1965 is amended by striking
sections 206 through 209 (20 U.S.C. 1026-1029) and inserting the following:
`SEC. 206. ACCOUNTABILITY AND EVALUATION.
`(a) State Grant Accountability Report- An eligible State that receives a
grant under section 202 shall submit an annual accountability report to the
Secretary, the Committee on Health, Education, Labor, and Pensions of the
Senate, and the Committee on Education and the Workforce of the House of Representatives.
Such report shall include a description of the degree to which the eligible
State, in using funds provided under such section, has made substantial progress
in meeting the following goals:
`(1) PERCENTAGE OF HIGHLY QUALIFIED TEACHERS- Increasing the percentage
of highly qualified teachers in the State as required by section 1119 of
the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6319).
`(2) STUDENT ACADEMIC ACHIEVEMENT- Increasing student academic achievement
for all students, which may be measured through the use of value-added assessments,
as defined by the eligible State.
`(3) RAISING STANDARDS- Raising the State academic standards required to
enter the teaching profession as a highly qualified teacher.
`(4) INITIAL CERTIFICATION OR LICENSURE- Increasing success in the pass
rate for initial State teacher certification or licensure, or increasing
the numbers of qualified individuals being certified or licensed as teachers
through alternative routes to certification and licensure.
`(5) DECREASING TEACHER SHORTAGES- Decreasing shortages of highly qualified
teachers in poor urban and rural areas.
`(6) INCREASING OPPORTUNITIES FOR RESEARCH-BASED PROFESSIONAL DEVELOPMENT-
Increasing opportunities for enhanced and ongoing professional development
that--
`(A) improves the academic content knowledge of teachers in the subject
areas in which the teachers are certified or licensed to teach or in which
the teachers are working toward certification or licensure to teach; and
`(B) promotes strong teaching skills.
`(7) TECHNOLOGY INTEGRATION- Increasing the number of teachers prepared
effectively to integrate technology into curricula and instruction and who
use technology to collect, manage, and analyze data to improve teaching,
learning, and parental involvement decisionmaking for the purpose of increasing
student academic achievement.
`(b) Eligible Partnership Evaluation- Each eligible partnership applying for
a grant under section 203 shall establish, and include in the application
submitted under section 203(c), an evaluation plan that includes strong performance
objectives. The plan shall include objectives and measures for--
`(1) increased student achievement for all students, as measured by the
partnership;
`(2) increased teacher retention in the first 3 years of a teacher's career;
`(3) increased success in the pass rate for initial State certification
or licensure of teachers;
`(4) increased percentage of highly qualified teachers; and
`(5) increasing the number of teachers trained effectively to integrate
technology into curricula and instruction and who use technology to collect,
manage, and analyze data to improve teaching, learning, and decisionmaking
for the purpose of improving student academic achievement.
`(c) Revocation of Grant-
`(1) REPORT- Each eligible State or eligible partnership receiving a grant
under section 202 or 203 shall report annually on the progress of the eligible
State or eligible partnership toward meeting the purposes of this part and
the goals, objectives, and measures described in subsections (a) and (b).
`(A) ELIGIBLE STATES AND ELIGIBLE APPLICANTS- If the Secretary determines
that an eligible State or eligible applicant is not making substantial
progress in meeting the purposes, goals, objectives, and measures, as
appropriate, by the end of the second year of a grant under this part,
then the grant payment shall not be made for the third year of the grant.
`(B) ELIGIBLE PARTNERSHIPS- If the Secretary determines that an eligible
partnership is not making substantial progress in meeting the purposes,
goals, objectives, and measures, as appropriate, by the end of the third
year of a grant under this part, then the grant payments shall not be
made for any succeeding year of the grant.
`(d) Evaluation and Dissemination- The Secretary shall evaluate the activities
funded under this part and report annually the Secretary's findings regarding
the activities to the Committee on Health, Education, Labor, and Pensions
of the Senate and the Committee on Education and the Workforce of the House
of Representatives. The Secretary shall broadly disseminate successful practices
developed by eligible States and eligible partnerships under this part, and
shall broadly disseminate information regarding such practices that were found
to be ineffective.
`SEC. 207. ACCOUNTABILITY FOR PROGRAMS THAT PREPARE TEACHERS.
`(a) State Report Card on the Quality of Teacher and Principal Preparation-
Each State that receives funds under this Act shall provide to the Secretary
annually, in a uniform and comprehensible manner that conforms with the definitions
and methods established by the Secretary, a State report card on the quality
of teacher preparation in the State, both for traditional certification or
licensure programs and for alternative certification or licensure programs,
which shall include at least the following:
`(1) A description of the teacher and principal certification and licensure
assessments, and any other certification and licensure requirements, used
by the State.
`(2) The standards and criteria that prospective teachers and principals
must meet in order to attain initial teacher and principal certification
or licensure and to be certified or licensed to teach particular subjects
or in particular grades within the State.
`(3) A demonstration of the extent to which the assessments and requirements
described in paragraph (1) are aligned with the State's standards and assessments
for students.
`(4) The percentage of students who have completed at least 50 percent of
the requirements for a teacher preparation program at an institution of
higher education or alternative certification program and who have taken
and passed each of the assessments used by the State for teacher certification
and licensure, and the passing score on each assessment that determines
whether a candidate has passed that assessment.
`(5) For students who have completed at least 50 percent of the requirements
for a teacher preparation program at an institution of higher education
or alternative certification program, and who have taken and passed each
of the assessments used by the State for teacher certification and licensure,
each such institution's and each such program's average raw score, ranked
by teacher preparation program, which shall be made available widely and
publicly.
`(6) A description of each State's alternative routes to teacher certification,
if any, and the number and percentage of teachers certified through each
alternative certification route who pass State teacher certification or
licensure assessments.
`(7) For each State, a description of proposed criteria for assessing the
performance of teacher and principal preparation programs in the State,
including indicators of teacher and principal candidate skills, placement
and retention rates (to the extent feasible), and academic content knowledge
and evidence of gains in student academic achievement.
`(8) For each teacher preparation program in the State, the number of students
in the program, the number of minority students in the program, the average
number of hours of supervised practice teaching required for those in the
program, and the number of full-time equivalent faculty, adjunct faculty,
and students in supervised practice teaching.
`(9) For the State as a whole, and for each teacher preparation program
in the State, the number of teachers prepared, in the aggregate and reported
separately by--
`(A) number of minority students;
`(B) level (elementary or secondary);
`(D) subject or subjects for which the student has been prepared to teach;
and
`(E) teacher candidates who speak a language other than English and have
been trained specifically to teach English-language learners.
`(10) The State shall refer to the data generated for paragraph (9) to report
on the extent to which teacher preparation programs are helping to address
shortages of qualified teachers, by level, subject, and specialty, in the
State's public schools, especially in poor urban and rural areas as required
by section 206(a)(5).
`(b) Report of the Secretary on the Quality of Teacher Preparation-
`(1) REPORT CARD- The Secretary shall provide to Congress, and publish and
make widely available, a report card on teacher qualifications and preparation
in the United States, including all the information reported in paragraphs
(1) through (11) of subsection (a). Such report shall identify States for
which eligible States and eligible partnerships received a grant under this
part. Such report shall be so provided, published and made available annually.
`(2) REPORT TO CONGRESS- The Secretary shall report to Congress--
`(A) a comparison of States efforts to improve teaching quality; and
`(B) regarding the national mean and median scores on any standardized
test that is used in more than 1 State for teacher certification or licensure.
`(3) SPECIAL RULE- In the case of programs with fewer than 10 students who
have completed at least 50 percent of the requirements for a teacher preparation
program taking any single initial teacher certification or licensure assessment
during an academic year, the Secretary shall collect and publish information
with respect to an average pass rate on State certification or licensure
assessments taken over a 3-year period.
`(c) Coordination- The Secretary, to the extent practicable, shall coordinate
the information collected and published under this part among States for individuals
who took State teacher certification or licensure assessments in a State other
than the State in which the individual received the individual's most recent
degree.
`(d) Institution and Program Report Cards on Quality of Teacher Preparation-
`(1) REPORT CARD- Each institution of higher education or alternative certification
program that conducts a teacher preparation program that enrolls students
receiving Federal assistance under this Act shall report annually to the
State and the general public, in a uniform and comprehensible manner that
conforms with the definitions and methods established by the Secretary,
both for traditional certification or licensure programs and for alternative
certification or licensure programs, the following information, disaggregated
by major racial and ethnic groups:
`(A) PASS RATE- (i) For the most recent year for which the information
is available, the pass rate of each student who has completed at least
50 percent of the requirements for the teacher preparation program on
the teacher certification or licensure assessments of the State in which
the institution is located, but only for those students who took those
assessments within 3 years of receiving a degree from the institution
or completing the program.
`(ii) A comparison of the institution or program's pass rate for students
who have completed at least 50 percent of the requirements for the teacher
preparation program with the average pass rate for institutions and programs
in the State.
`(iii) A comparison of the institution or program's average raw score
for students who have completed at least 50 percent of the requirements
for the teacher preparation program with the average raw scores for institutions
and programs in the State.
`(iv) In the case of programs with fewer than 10 students who have completed
at least 50 percent of the requirements for a teacher preparation program
taking any single initial teacher certification or licensure assessment
during an academic year, the institution shall collect and publish information
with respect to an average pass rate on State certification or licensure
assessments taken over a 3-year period.
`(v) A report on the number of times candidates have to take the test
before passing.
`(B) PROGRAM INFORMATION- The number of students in the program, the average
number of hours of supervised practice teaching required for those in
the program, and the number of full-time equivalent faculty and students
in supervised practice teaching.
`(C) STATEMENT- In States that require approval or accreditation of teacher
education programs, a statement of whether the institution's program is
so approved or accredited, and by whom.
`(D) DESIGNATION AS LOW-PERFORMING- Whether the program has been designated
as low-performing by the State under section 208(a).
`(2) REQUIREMENT- The information described in paragraph (1) shall be reported
through publications such as school catalogs and promotional materials sent
to potential applicants, secondary school guidance counselors, and prospective
employers of the institution's program graduates, including materials sent
by electronic means.
`(3) FINES- In addition to the actions authorized in section 487(c), the
Secretary may impose a fine not to exceed $25,000 on an institution of higher
education for failure to provide the information described in this subsection
in a timely or accurate manner.
`(e) Data Quality- Either--
`(1) the Governor of the State; or
`(2) in the case of a State for which the constitution or law of such State
designates another individual, entity, or agency in the State to be responsible
for teacher certification and preparation activity, such individual, entity,
or agency;
shall attest annually, in writing, as to the reliability, validity, integrity,
and accuracy of the data submitted pursuant to this section.
`SEC. 208. STATE FUNCTIONS.
`(a) State Assessment- In order to receive funds under this Act, a State shall
have in place a procedure to identify and assist, through the provision of
technical assistance, low-performing programs of teacher preparation within
institutions of higher education. Such State shall provide the Secretary an
annual list of such low-performing institutions that includes an identification
of those institutions at risk of being placed on such list. Such levels of
performance shall be determined solely by the State and may include criteria
based upon information collected pursuant to this part. Such assessment shall
be described in the report under section 207(a). A State receiving Federal
funds under this title shall develop plans to close or reconstitute underperforming
programs of teacher preparation within institutions of higher education.
`(b) Termination of Eligibility- Any institution of higher education that
offers a program of teacher preparation in which the State has withdrawn the
State's approval or terminated the State's financial support due to the low
performance of the institution's teacher preparation program based upon the
State assessment described in subsection (a)--
`(1) shall be ineligible for any funding for professional development activities
awarded by the Department of Education; and
`(2) shall not be permitted to accept or enroll any student who receives
aid under title IV of this Act in the institution's teacher preparation
program.
`SEC. 209. GENERAL PROVISIONS.
`In complying with sections 207 and 208, the Secretary shall ensure that States
and institutions of higher education use fair and equitable methods in reporting
and that the reporting methods do not allow identification of individuals.'.
TITLE III--ENHANCING COLLEGE OUTREACH
SEC. 301. FEDERAL TRIO PROGRAM.
(a) TRIO Duration of Grant- Section 402A(b) (20 U.S.C. 1070a-11(b)) is amended
by striking paragraph (2) and inserting the following:
`(2) DURATION- Grants or contracts made under this chapter shall be awarded
for a period of 5 years, except that--
`(A) grants made under section 402G shall be awarded for a period of 2
years; and
`(B) grants under section 402H shall be awarded for a period determined
by the Secretary.'.
(b) Minimum Grants- Section 402A(b)(3) is amended--
(1) by striking `$170,000' and inserting `$200,000';
(2) by striking `$180,000' and inserting `$210,000'; and
(3) by striking `$190,000' and inserting `$220,000'.
(c) Maximum Upward Bound Stipends- Section 402C(e) (20 U.S.C. 1070a-13(e))
is amended--
(1) by striking `$60' and inserting `$100'; and
(2) by striking `$40' and inserting `$60'.
(d) Maximum Mcnair Stipends- Section 402E(e)(1) (20 U.S.C. 1070a-15(e)(1))
is amended by striking `$2,800' and inserting `$5,000'.
SEC. 302. GEARUP.
(a) Current Grantees- Section 404A(b)(1) (20 U.S.C. 1070a-21(b)(1)) is amended--
(1) by inserting `6-year' after `shall make'; and
(2) by adding at the end the following: `An eligible entity that has received
an award under this section, has performed successfully, and still has a
need for an award may apply for an additional award under this section.'.
(b) Eligible Entity Plans- Section 404C(a)(2) (20 U.S.C. 1070a-23(a)(2)) is
amended--
(1) by striking `and' at the end of subparagraph (A);
(2) by redesignating subparagraph (B) as subparagraph (C); and
(3) by inserting after subparagraph (A) the following new subparagraph:
`(B) describe activities for coordinating, complementing, and enhancing
services under this chapter provided by other eligible entities in the
State; and'.
SEC. 303. LEVERAGING EDUCATIONAL ASSISTANCE PARTNERSHIP.
(a) Authorization of Appropriations- Section 415A(b)(1) (20 U.S.C. 1070c(b)(1))
is amended--
(1) by striking `$105,000,000 for fiscal year 1999' and inserting `$200,000,000
for fiscal year 2004'; and
(2) by striking `4 succeeding fiscal years' and inserting `5 succeeding
fiscal years'.
(b) Maximum Grant- Section 415C(b)(2) (20 U.S.C. 1070c-2(b)(2)) is amended
by striking `$5,000' and inserting `$12,500'.
TITLE IV--OPPORTUNITIES AT HISPANIC-SERVING COLLEGES AND UNIVERSITIES
SEC. 401. POSTBACCALAUREATE OPPORTUNITIES FOR HISPANIC AMERICANS.
(a) Establishment of Program- Title V of the Higher Education Act is amended--
(1) by redesignating part B as part C;
(2) by redesignating section 511 through 518 as sections 521 through 528,
respectively; and
(3) inserting after section 505 (20 U.S.C. 1101d) the following new part:
`PART B--PROMOTING POSTBACCALAUREATE OPPORTUNITIES FOR HISPANIC AMERICANS
`SEC. 511. FINDINGS AND PURPOSES.
`(a) Findings- Congress finds the following:
`(1) According to the United States Census, by the year 2050 one in four
Americans will be of Hispanic origin.
`(2) Despite the dramatic increase in the Hispanic population in the United
States, the National Center for Education Statistics reported that in 1999,
Hispanics accounted for only 4 percent of the master's degrees, 3 percent
of the doctor's degrees, and 5 percent of first-professional degrees awarded
in the United States.
`(3) Although Hispanics constitute 10 percent of the college enrollment
in the United States, they comprise 3 only percent of instructional faculty
in college and universities.
`(4) The future capacity for research and advanced study in the United States
will require increasing the number of Hispanics pursuing postbaccalaureate
studies.
`(5) Hispanic-serving institutions are leading the nation in increasing
the number of Hispanics attaining graduate and professional degrees.
`(6) Among Hispanics who received master's degrees in 1999-2000, 25 percent
earned them at Hispanic-serving institutions.
`(7) Between 1991 and 2000, the number of Hispanic students earning master's
degrees at Hispanic-serving institutions grew 136 percent, the number receiving
doctor's degrees grew by 85 percent, and the number earning first-professional
degrees grew by 47 percent.
`(8) It is in the National interest to expand the capacity of Hispanic-serving
institutions to offer graduate and professional degree programs.
`(b) Purposes- The purposes of this part are--
`(1) to expand postbaccalaureate educational opportunities for, and improve
the academic attainment of, Hispanic students; and
`(2) to expand and enhance the postbaccalaureate academic offerings, program
quality, that are educating the majority of Hispanic college students and
helping large numbers of Hispanic students and other low-income individuals
complete postsecondary degrees.
`SEC. 512. PROGRAM AUTHORITY AND ELIGIBILITY.
`(a) Program Authorized- Subject to the availability of funds appropriated
to carry out this part, the Secretary shall award competitive grants to Hispanic-serving
institutions that offer postbaccalaureate certifications or degrees.
`(b) Eligibility- For the purposes of this part, an `eligible institution'
means an institution of higher education that--
`(1) is an eligible institution under section 502; and
`(2) offers a postbaccalaureate certificate or degree granting program.
`SEC. 513. AUTHORIZED ACTIVITIES.
`Grants awarded under this part shall be used for one or more of the following
activities:
`(1) Purchase, rental, or lease of scientific or laboratory equipment for
educational purposes, including instructional and research purposes.
`(2) Construction, maintenance, renovation, and improvement in classroom,
library, laboratory, and other instructional facilities, including purchase
or rental of telecommunications technology equipment or services.
`(3) Purchase of library books, periodicals, technical and other scientific
journals, microfilm, microfiche, and other educational materials, including
telecommunications program materials.
`(4) Support for needy postbaccalaureate students including outreach, academic
support services, mentoring, scholarships, fellowships, and other financial
assistance to permit the enrollment of such students in postbaccalaureate
certificate and degree granting programs.
`(5) Support of faculty exchanges, faculty development, faculty research,
curriculum development, and academic instruction.
`(6) Creating or improving facilities for Internet or other distance learning
academic instruction capabilities, including purchase or rental of telecommunications
technology equipment or services.
`(7) Collaboration with other institutions of higher education to expand
postbaccalaureate certificate and degree offerings.
`(8) Other activities proposed in the application submitted pursuant to
section 514 that--
`(A) contribute to carrying out the purposes of this part; and
`(B) are approved by the Secretary as part of the review and acceptance
of such application.
`SEC. 514. APPLICATION AND DURATION.
`(a) Application- Any eligible institution may apply for a grant under this
part by submitting an application to the Secretary at such time and in such
manner as determined by the Secretary. Such application shall demonstrate
how the grant funds will be used to improve postbaccalaureate education opportunities
for Hispanic and low-income students and will lead to greater financial independence.
`(b) Duration- Grants under this part shall be awarded for a period not to
exceed 5 years.
`(c) Limitation- The Secretary shall not award more than 1 grant under this
part in any fiscal year to any Hispanic-serving institution.'.
(b) Cooperative Arrangements- Section 524 of such Act (as redesignated by
subsection (a)(2)) (20 U.S.C. 1103c) is amended by inserting `and section
513' after `section 503'.
SEC. 402. AUTHORIZATION OF APPROPRIATIONS FOR HISPANIC SERVING INSTITUTIONS.
(a) Authorization of Appropriations- Subsection (a) of section 528 of such
Act (as redesignated by section 401(a)(2)) (20 U.S.C. 1103g) is amended to
read as follows:
`(1) PART A- There are authorized to be appropriated to carry out part A
of this title $175,000,000 for fiscal year 2005 and such sums as may be
necessary for each of the 5 succeeding fiscal years.
`(2) PART B- There are authorized to be appropriated to carry out part B
of this title $125,000,000 for fiscal year 2005 and such sums as may be
necessary for each of the 5 succeeding fiscal years.'.
(b) Definitions- Section 502(a) of the Higher Education Act of 1965 (20 U.S.C.
1101a(a)) is amended--
(A) by inserting `and' after the semicolon at the end of subparagraph
(A);
(B) by striking `; and' at the end of subparagraph (B) and inserting a
period; and
(C) by striking subparagraph (C); and
(2) by striking paragraph (7).
(c) Reducing Regulatory Barriers for Hispanic-Serving Institutions- Section
503(b) of the Higher Education Act of 1965 (20 U.S.C. 1101b(a)) is amended
by striking paragraph (7) and inserting the following:
`(7) Articulation agreements and student support programs designed to facilitate
the transfer from two-year to four-year institutions.'.
(d) Elimination of Wait-Out Period- Subsection (a) of section 504 of the Higher
Education Act of 1965 (20 U.S.C. 1101c(a)) is amended to read as follows:
`(a) Award Period- The Secretary may award a grant to a Hispanic-serving institution
under this title for 5 years.'.
(e) Application Priority- Section 521(d) of the Higher Education Act of 1965
(as redesignated by section 401(a)(2)) (20 U.S.C. 1103(d)) is amended by striking
`(from funds other than funds provided under this title)'.
TITLE V--HISTORICALLY BLACK COLLEGES AND UNIVERSITIES
SEC. 501. CENTERS OF EXCELLENCE.
Title II is amended by inserting after part D as added by section 201 of this
Act the following new part:
`PART E--CENTERS OF EXCELLENCE
`SEC. 251. PURPOSES; DEFINITIONS.
`(a) Purposes- The purposes of this part are--
`(1) to help recruit and prepare teachers, including minority teachers,
to meet the national demand for a highly qualified teacher in every classroom;
and
`(2) to increase opportunities for Americans of all educational, ethnic,
class, and geographic backgrounds to become highly qualified teachers.
`(b) Definitions- As used in this part:
`(1) ELIGIBLE INSTITUTION- The term `eligible institution' means--
`(A) an institution of higher education that has a teacher preparation
program that meets the requirements of section 203(b)(2) and that is--
`(i) a part B institution (as defined in section 322);
`(ii) a Hispanic-serving institution (as defined in section 502);
`(iii) a Tribal College or University (as defined in section 316);
`(iv) an Alaska Native-serving institution (as defined in section 317(b));
or
`(v) a Native Hawaiian-serving institution (as defined in section 317(b));
`(B) a consortium of institutions described in subparagraph (A); or
`(C) an institution described in subparagraph (A), or a consortium described
in subparagraph (B), in partnership with any other institution of higher
education, but only if the center of excellence established under section
252 is located at an institution described in subparagraph (A).
`(2) HIGHLY QUALIFIED- The term `highly qualified' has the meaning given
such term in section 9101 of the Elementary and Secondary Education Act
of 1965 (20 U.S.C. 7801).
`(3) SCIENTIFICALLY BASED READING RESEARCH- The term `scientifically based
reading research' has the meaning given such term in section 1208 of the
Elementary and Secondary Education Act of 1965 (20 U.S.C. 6368).
`(4) SCIENTIFICALLY BASED RESEARCH- The term `scientifically based research'
has the meaning given such term in section 9101 of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7801).
`SEC. 252. CENTERS OF EXCELLENCE.
`(a) Program Authorized- From the amounts appropriated to carry out this part,
the Secretary is authorized to award competitive grants to eligible institutions
to establish centers of excellence.
`(b) Use of Funds- Grants provided by the Secretary under this part shall
be used to ensure that current and future teachers are highly qualified, by
carrying out one or more of the following activities:
`(1) Implementing reforms within teacher preparation programs to ensure
that such programs are preparing teachers who are highly qualified, are
able to understand scientifically based research, and are able to use advanced
technology effectively in the classroom, including use for instructional
techniques to improve student academic achievement, by--
`(A) retraining faculty; and
`(B) designing (or redesigning) teacher preparation programs that--
`(i) prepare teachers to close student achievement gaps, are based on
rigorous academic content, scientifically based research (including
scientifically based reading research), and challenging State student
academic content standards; and
`(ii) promote strong teaching skills.
`(2) Providing sustained and high-quality preservice clinical experience,
including the mentoring of prospective teachers by exemplary teachers, substantially
increasing interaction between faculty at institutions of higher education
and new and experienced teachers, principals, and other administrators at
elementary schools or secondary schools, and providing support, including
preparation time, for such interaction.
`(3) Developing and implementing initiatives to promote retention of highly
qualified teachers and principals, including minority teachers and principals,
including programs that provide--
`(A) teacher or principal mentoring from exemplary teachers or principals;
or
`(B) induction and support for teachers and principals during their first
3 years of employment as teachers or principals, respectively.
`(4) Awarding scholarships based on financial need to help students pay
the costs of tuition, room, board, and other expenses of completing a teacher
preparation program.
`(5) Disseminating information on effective practices for teacher preparation
and successful teacher certification and licensure assessment preparation
strategies.
`(6) Activities authorized under sections 202, 203, and 204.
`(c) Application- Any eligible institution desiring a grant under this section
shall submit an application to the Secretary at such a time, in such a manner,
and accompanied by such information the Secretary may require.
`(d) Minimum Grant Amount- The minimum amount of each grant under this part
shall be $1,500,000.
`(e) Limitation on Administrative Expenses- An eligible institution that receives
a grant under this part may not use more than 2 percent of the grant funds
for purposes of administering the grant.
`(f) Regulations- The Secretary shall prescribe such regulations as may be
necessary to carry out this part.
`SEC. 253. AUTHORIZATION OF APPROPRIATIONS.
`There are authorized to be appropriated to carry out this part $20,000,000
for fiscal year 2006 and such sums as may be necessary for each of the 5 succeeding
fiscal years.'.
SEC. 502. AUTHORIZATION OF APPROPRIATIONS.
(a) Authorizations of Appropriations- Section 399(a) (20 U.S.C. 1068h(a)(2))
is amended--
(1) by striking paragraphs (1), (2), and (3) and inserting the following:
`(1) PART A- (A) There are authorized to be appropriated to carry out part
A (other than section 316 and 317)--
`(i) $170,000,000 for fiscal year 2006; and
`(ii) such sums as may be necessary for each of the 5 succeeding fiscal
years.
`(B) There are authorized to be appropriated to carry out section 316--
`(i) $45,000,000 for fiscal year 2006; and
`(ii) such sums as may be necessary for each of the 5 succeeding fiscal
years.
`(C) There are authorized to be appropriated to carry out section 317--
`(i) $20,000,000 for fiscal year 2006; and
`(ii) such sums as may be necessary for each of the 5 succeeding fiscal
years.
`(2) PART B- (A) There are authorized to be appropriated to carry out part
B (other than section 326)--
`(i) $270,000,000 for fiscal year 2006; and
`(ii) such sums as may be necessary for each of the 5 succeeding fiscal
years.
`(B) There are authorized to be appropriated to carry out section 326--
`(i) $90,000,000 for fiscal year 2006; and
`(ii) such sums as may be necessary for each of the 5 succeeding fiscal
years.
`(3) PART C- There are authorized to be appropriated to carry out part C--
`(A) $30,000,000 for fiscal year 2006; and
`(B) such sums as may be necessary for each of the 5 succeeding fiscal
years.'; and
(2) by striking paragraph (5) and inserting the following:
`(5) PART E- There are authorized to be appropriated to carry out part E--
`(A) $40,000,000 for fiscal year 2006; and
`(B) such sums as may be necessary for each of the 5 succeeding fiscal
years.'.
(b) Authorized Uses of Funds for Title III- Section 323(a) (20 U.S.C. 1062(a))
is amended--
(1) by redesignating paragraph (12) as paragraph (13); and
(2) by inserting after paragraph (11) the following new paragraph:
`(12) Technical assistance services, including financial management, enrollment
management, strategic planning, replication of best practices, and other
needed services, except that the amount expended under this paragraph shall
not exceed 2 percent of the institution's annual award under this part.'.
END