For other versions of this document, see http://wikileaks.org/wiki/CRS-RL34283 ------------------------------------------------------------------------------ Order Code RL34283 Higher Education Act Reauthorization in the 110th Congress: A Comparison of Major Proposals Updated July 30, 2008 Blake Alan Naughton, Coordinator Analyst in Education Policy Domestic Social Policy Division Rebecca R. Skinner, David P. Smole, Jeffrey J. Kuenzi, and Ann Lordeman Specialists in Education Policy Domestic Social Policy Division Higher Education Act Reauthorization in the 110th Congress: A Comparison of Major Proposals Summary The Higher Education Act of 1965 (HEA) as amended, authorizes the federal government's major federal student aid programs (Title IV), as well as other programs which provide institutional aid and support (Titles II, III and V). In addition, the HEA authorizes services and support to less-advantaged students (select Title IV programs), and to students pursuing international education and certain graduate and professional degrees (Titles VI and VII). The programs authorized by the HEA are administered by the U.S. Department of Education (ED), and made available an estimated 66% ($86 billion) of all federal, state and institutional aid awarded to postsecondary students in 2006-2007 (excluding tax benefits). The 108th and 109th Congresses each considered but did not complete the HEA reauthorization process. For the 110th Congress, the Higher Education Amendments of 2007 (S. 1642) was introduced by Senator Kennedy on June 18, 2007; approved by the Senate Health, Education, Labor, and Pensions Committee (HELP) on July 10; and passed by the full Senate on July 24, 2007. Similarly, the College Opportunity and Affordability Act of 2008 (H.R. 4137) was introduced by Representative Miller on November 9, 2007; approved by the House Education and Labor Committee on November 15, 2007; and passed by the full House on February 7, 2008. A conference committee approved a compromise on July 29, 2008, recommending an amended H.R. 4137, to be called the Higher Education Opportunity Act, to both chambers for approval. This report provides a side-by-side comparison of the HEA reauthorization proposals in the Senate-passed version of S. 1642 and the House-passed version of H.R. 4137 to current law. The side-by-side is generally organized to correspond with the organization of S. 1642. This report will be updated following major legislative developments. Key CRS Staff Members on Higher Education Issues Major Areas of Responsibility Contact Telephone Student loans (FFEL and DL), campus- David Smole 7-0624 based student aid programs (FSEOG, FWS, and Perkins loans), and postsecondary education finance Pell Grants, need analysis, college cost Blake Naughton 7-0376 and price, institutional eligibility, minority-serving institutions, community colleges, LEAP, graduate education programs, FIPSE, and general higher education issues TRIO, GEAR-UP, international education, Jeff Kuenzi 7-8645 and teacher quality Postsecondary students with disabilities Ann Lordeman 7-2323 Contents Overview . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Title I . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Title II . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Titles III and V . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Title IV . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Part A: Grants to Students . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Part B: Federal Family Education Loan Program . . . . . . . . . . . . . 5 Part E: Perkins Loans . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Part F: Need Analysis . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Part G: General Provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Part H: Program Integrity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Title VI . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Title VII . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Table 1. Comparison of Current Law, S. 1642 and H.R. 4137 . . . . . . . . . . . . . . . 7 Title I: General Provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Institutions of Higher Education (IHEs) . . . . . . . . . . . . . . . . . . . . 7 Additional Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 Protection of Student Speech and Association Rights . . . . . . . . . 10 National Advisory Committee on Institutional Quality and Integrity (NACIQI) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 Drug and Alcohol Abuse Prevention . . . . . . . . . . . . . . . . . . . . . . 12 State Commitment to Affordable College Education . . . . . . . . . 13 Transparency in College Tuition for Consumers . . . . . . . . . . . . . 14 Textbook Information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 Student Information Databases . . . . . . . . . . . . . . . . . . . . . . . . . . 19 Endowment Reporting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 In-State Tuition for Members of the Armed Forces . . . . . . . . . . . 19 Easy-to-Find Information on Student Financial Aid . . . . . . . . . . 19 State Higher Education Information System Pilot Program . . . . 20 Performance Based Organization (PBO) . . . . . . . . . . . . . . . . . . . 20 Requirements for Lenders and Institutions Participating in Educational Loan Arrangements . . . . . . . . . . . . . . . . . . . 21 Title II: Teacher Quality Enhancement . . . . . . . . . . . . . . . . . . . . . . . . 25 Teacher Quality Partnership Grants . . . . . . . . . . . . . . . . . . . . . . . 25 Partnership Grants . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 Accountability for Programs that Prepare Teachers . . . . . . . . . . 31 Preparing Tomorrow's Teachers to Use Technology . . . . . . . . . 32 Enhancing Teacher Education . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 Title III: Institutional Aid . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 Strengthening Institutions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 American Indian Tribally Controlled Colleges and Universities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 Alaska Native and Native Hawaiian-Serving Institutions . . . . . . 35 Native American-Serving, Non-Tribal Institutions . . . . . . . . . . . 35 Historically Black Colleges and Universities (HBCUs) . . . . . . . 36 Historically Black Colleges and Universities, Professional or Graduate Institutions . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 Historically Black College and University Capital Financing Program . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 Predominantly Black Institutions (PBIs) . . . . . . . . . . . . . . . . . . . 38 Asian American and Native American Pacific Islander- Serving Institutions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 Endowment Challenge Grants for Institutions Eligible Under Part A or Part B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39 Programs in STEM Fields . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39 Waiver Authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40 Title IV: Student Assistance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 Federal Pell Grants . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 Academic Competitiveness (AC) and Science Mathematics Access to Retain Talent (SMART) Grants . . . . . . . . . . . . . 42 Federal TRIO Programs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43 Gaining Early Awareness and Readiness for Undergraduate Programs (GEAR UP) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45 Academic Achievement Incentive Scholarships . . . . . . . . . . . . . 47 Federal Supplemental Educational Opportunity Grants (FSEOG) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47 Leveraging Educational Assistance Partnership (LEAP) Program . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48 Special Programs for Students Whose Families Are Engaged in Migrant and Seasonal Farmwork . . . . . . . . . . . . . . . . . . . 49 Robert C. Byrd Honors Scholarship Program . . . . . . . . . . . . . . . 50 Mathematics and Science Incentive Program . . . . . . . . . . . . . . . 51 Foreign Language Partnerships . . . . . . . . . . . . . . . . . . . . . . . . . . 51 Adjunct Teacher Corps . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52 Child Care Access Means Parents in School . . . . . . . . . . . . . . . . 52 Learning Anytime Anywhere Partnerships . . . . . . . . . . . . . . . . . 52 Teacher Education Assistance for College and Higher Education (TEACH) Grants . . . . . . . . . . . . . . . . . . . . . . . . . 53 Federal Family Education Loan (FFEL) Program and William D. Ford Direct Loan (DL) Program . . . . . . . . . . . . 53 Federal Work-Study (FWS) Programs . . . . . . . . . . . . . . . . . . . . . 61 Federal Perkins Loans . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62 Need Analysis: Cost of attendance . . . . . . . . . . . . . . . . . . . . . . . 65 Need Analysis: Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65 Definition of an Academic Year . . . . . . . . . . . . . . . . . . . . . . . . . 66 Compliance Calendar . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66 Forms and Regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66 Student Eligibility . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69 Data Analysis on Access to Federal Student Aid for Certain Populations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72 Statute of Limitations and State Court Judgments . . . . . . . . . . . . 72 Institutional Refunds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72 Institutional and Financial Assistance Information for Students . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73 Program Participation Agreement (PPA) . . . . . . . . . . . . . . . . . . . 77 Regulatory Relief and Improvement: Quality Assurance Program (QAP) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82 Transfer of Allotments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82 Advisory Committee on Student Financial Assistance (ACSFA) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 83 Campus-Based Digital Theft Prevention . . . . . . . . . . . . . . . . . . . 83 Recognition of Accrediting Agency or Association . . . . . . . . . . 83 Administrative Capacity Standard . . . . . . . . . . . . . . . . . . . . . . . . 87 Accreditation Ombudsman . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 88 Program Review and Data . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 88 Timely Information About Loans . . . . . . . . . . . . . . . . . . . . . . . . 89 Title V: Developing Institutions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 89 Hispanic Serving Institutions (HSIs) . . . . . . . . . . . . . . . . . . . . . . 89 Title VI: International Education Programs . . . . . . . . . . . . . . . . . . . . 90 International and Foreign Language Studies . . . . . . . . . . . . . . . . 90 Graduate and Undergraduate Language and Area Centers and Programs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 90 Business and International Education Programs . . . . . . . . . . . . . 92 Institute for International Public Policy . . . . . . . . . . . . . . . . . . . . 93 Title VII: Graduate and Postsecondary Improvement Programs . . . . 95 Graduate Student and Program Assistance . . . . . . . . . . . . . . . . . 95 Fund for the Improvement of Postsecondary Education (FIPSE) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 96 Urban Community Service Program . . . . . . . . . . . . . . . . . . . . . . 97 Demonstration Projects to Ensure Students with Disabilities Receive a Quality Higher Education . . . . . . . . . . . . . . . . . . 97 Research Grants . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 98 Nursing Education . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 98 Title VIII: Miscellaneous Additional Programs . . . . . . . . . . . . . . . . . . 99 Mathematics and Science Scholars Program . . . . . . . . . . . . . . . . 99 Postsecondary Education Assessment . . . . . . . . . . . . . . . . . . . . . 99 Job Skill Training in High-Growth Occupations or Industries . . 99 Additional Capacity for R.N. Students or Graduate-Level Nursing Students . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 99 American History for Freedom . . . . . . . . . . . . . . . . . . . . . . . . . 100 Teach For America . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100 Patsy T. Mink Fellowship Program . . . . . . . . . . . . . . . . . . . . . . 100 Improving College Enrollment by Secondary Schools . . . . . . . 101 Predominantly Black Institutions (PBIs) . . . . . . . . . . . . . . . . . . 102 Early Childhood Education Professional Development and Career Task Force . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 103 Improving Science, Technology, Engineering, and Mathematics (STEM) Education with a Focus on Alaska Native and Native Hawaiian Students . . . . . . . . . . 103 Pilot Program to Increase Persistence in Community Colleges . 103 Student Safety and Campus Emergency Management . . . . . . . 104 School of Veterinary Medicine Competitive Grant Program . . 105 Early Federal Pell Grant Commitment Demonstration Program . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 105 Henry Kuualoha Giugni Kupuna Memorial Archives . . . . . . . . 105 Student Loan Clearinghouse . . . . . . . . . . . . . . . . . . . . . . . . . . . 106 Minority Serving Institutions for Advanced Technology and Education . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 106 Low Tuition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 107 Cooperative Education . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 107 College Partnership Grants . . . . . . . . . . . . . . . . . . . . . . . . . . . . 108 Student Success Grants . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 109 Jobs to Careers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 109 Project GRAD . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 109 Diploma Mill Prevention . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 110 Rural Development Grants for Rural Colleges and Universities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 111 National Database on Financial Assistance for Study of Science, Technology, Engineering, and Mathematics . . . . 111 Training for Realtime Writers . . . . . . . . . . . . . . . . . . . . . . . . . . 111 Centers of Excellence in Veteran Student Success . . . . . . . . . . 112 University Sustainability Programs . . . . . . . . . . . . . . . . . . . . . . 112 Modeling and Simulation Programs . . . . . . . . . . . . . . . . . . . . . 112 Business Workforce Partnerships . . . . . . . . . . . . . . . . . . . . . . . 113 Path to Success Program . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 113 National Undergraduate Fellows Program . . . . . . . . . . . . . . . . . 113 Readmission Requirements for Service Members . . . . . . . . . . . 114 Pilot Program for Course Material Rental . . . . . . . . . . . . . . . . . 114 Studies and Reports . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 115 Title IX: Amendments to Other Laws . . . . . . . . . . . . . . . . . . . . . . . . 116 Education of the Deaf Act of 1986 (EDA) . . . . . . . . . . . . . . . . 116 Higher Education Amendments of 1998 . . . . . . . . . . . . . . . . . . 118 Grants to States for Workplace and Community Transition Training for Incarcerated Youth Offenders . . . . . . . . . . . . 119 Tribally Controlled College or University Assistance Act of 1978 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 119 Navajo Community College Act . . . . . . . . . . . . . . . . . . . . . . . . 120 Loan Repayment for Prosecutors and Public Defenders . . . . . . 120 National Center for Campus Public Safety . . . . . . . . . . . . . . . . 121 Stevenson-Wydler Technology Innovation Act of 1980 . . . . . . 121 Title X: Private Student Loan Transparency and Improvement . . . . 121 Higher Education Act Reauthorization in the 110th Congress: A Comparison of Major Proposals The Higher Education Act of 1965 (HEA) as amended, authorizes the federal government's major federal student aid programs (Title IV), as well as other programs which provide institutional aid and support (Titles II, III, and V). In addition, the HEA authorizes services and support to less-advantaged students (select Title IV programs) and to students pursuing international education and certain graduate and professional degrees (Titles VI and VII). The programs authorized by the HEA are administered by the U.S. Department of Education (ED), and made available an estimated 66% ($86 billion) of all federal, state, and institutional aid awarded to postsecondary students in 2006-2007 (excluding tax benefits).1 For additional information about the HEA see CRS Report RL34214, A Primer on the Higher Education Act, by Blake Alan Naughton. The HEA was last comprehensively reauthorized by the Higher Education Amendments of 1998 (P.L. 105-244), which expired September 30, 2003. Since the initial expiration of the authorization, there have been several temporary extensions,2 the last of which -- P.L. 110-256 -- authorizes the programs and activities of the HEA through July 31, 2008. Most recently, S. 3352 was passed by the Senate on July 28 and passed by the House on July 30. If signed by the President, the authorization of the HEA would be extended to August 15, 2008. The 108th and 109th Congresses each considered but did not complete the HEA reauthorization process. For the 110th Congress, the Higher Education Amendments of 2007 (S. 1642) was introduced by Senator Kennedy, chairman of the Senate Health, Education, Labor, and Pensions (HELP) Committee, on June 18, 2007, approved by the HELP Committee on July 10, 2007 (S.Rept. 110-231), and passed by the full Senate on July 24, 2007. Similarly, Representative Miller, chairman of the House Education and Labor Committee, introduced the College Opportunity and Affordability Act of 2007 (H.R. 4137) on November 9, 2007, and it was approved by the committee on November 15, 2007 (H.Rept. 110-500). H.R. 4137 (with its 1 The College Board, Trends in Student Aid 2007. 2 The original termination date for most of the provisions of the HEA was September 30, 2003, which was the original date enacted by the Higher Education Amendments of 1998. This termination date was extended through FY2004 by the General Education Provisions Act (GEPA). A series of subsequent measures -- P.L. 108-366, P.L. 109-81, P.L. 109-150, P.L. 109-212. P.L. 109-238, P.L. 109-292, P.L. 110-44, P.L. 110-51, P.L. 110-109, P.L. 110- 198, P.L. 110-230, P.L. 110-238, and P.L. 110-256 -- have temporarily extended the HEA program and provision authority. CRS-2 name changed to the College Opportunity and Affordability Act of 2008) passed the full House on February 7, 2008. On July 29, 2008, conferees were named and met to reach agreement on differences between the two bills. The conference committee reported an amended version of H.R. 4137 and renamed the legislation as the Higher Education Opportunity Act (H.Rept. 110-803). Similar to the occurrence during the 109th Congress, during the first session of the 110th Congress the reauthorization of the HEA became heavily intertwined with the budget reconciliation process, as both the Senate HELP Committee and the House Education and Labor Committee reported reconciliation recommendations that made numerous changes to programs and provisions contained in the HEA. The College Cost Reduction and Access Act (CCRAA) of 2007 (P.L. 110-84) was signed into law on September 27, 2007.3 The CCRAA made significant changes to the Federal Family Education Loan (FFEL) program, the William D. Ford Federal Direct Loan (DL) program, Pell Grant program, and the federal need analysis formula. Notably, the CCRAA also reauthorized the Pell Grant program through Fiscal Year (FY) 2017. The Higher Education Reconciliation Act (HERA), passed as part of the Deficit Reduction Act of 2005 (P.L. 109-171), which was signed into law on February 8, 2006, extended several program authorization provisions within the FFEL and DL programs.4 Sweeping amendments affecting some of the HEA's major programs have been adopted through the two aforementioned reconciliation measures. In addition, significant changes to the student loan programs were enacted as a part of the Ensuring Continued Access to Student Loans Act (ECASLA) of 2008 (P.L. 110-227), which addressed concerns about the availability of student loans given current economic conditions, including changes to loan terms and the lender of last resort provisions.5 As a result of HERA, CCRAA, and ECASLA, the current reauthorization bills are less focused on some of the larger HEA programs than has typically been the case in other reauthorizations. It should also be noted that changes adopted through the CCRAA were passed by the full Senate on July 20, 2007, four days prior to the passage of the Senate HEA reauthorization bill; thus some of the provisions contained in S. 1642 were addressed in the CCRAA. These provisions are noted where applicable. This report provides a side-by-side comparison of the HEA reauthorization proposals in the Senate-passed version of S. 1642 and the House-passed version of 3 For additional information about the changes made to HEA programs through the CCRAA, see CRS Report RL34077, Student Loans, Student Aid, and FY2008 Budget Reconciliation, by Adam Stoll, David P. Smole, and Charmaine Mercer. 4 For additional information about the changes made to HEA programs through the HERA, see CRS Report RS22308, Student Loans and FY2006 Budget Reconciliation, by Adam Stoll. 5 For additional information about the changes made to HEA programs through ECASLA, see CRS Report RL34452, Proposals to Ensure the Availability of Federal Student Loans During an Economic Downturn: A Brief Overview of H.R. 5715 and S. 2815, by David P. Smole. CRS-3 H.R. 4137 to current law. The side-by-side generally corresponds with the organization of S. 1642, thus the provisions included in Table 1 correspond to the layout of S. 1642. To locate a particular program or provision in Table 1, it is suggested that you locate the program/provision in the table of contents, which includes a specific page number for all HEA titles, both existing and proposed titles, as well as the major programs and provisions that are being reauthorized. The report begins with a brief overview of the titles and major programs of the HEA, and includes a short summary of the larger issues and proposed changes in S. 1642 and H.R. 4137 for each title. Unless otherwise noted, the proposed changes identified in the section that follows are contained in both the Senate and House reauthorization bills. It is important to note that the side-by-side comparison, which is presented in Table 1, is intended to provide a summary of the larger issues and changes addressed in the two bills as they compare to current law. Thus, this analysis does not attempt to capture all of the changes that would be made by the proposed bills. The phrase "Similar to Senate/House provision" is used in Table 1 to denote that the proposed provision in one bill is substantively comparable to the other bill, and there are no major differences, unless otherwise noted. Finally, S. 1642 and H.R. 4137 both include provisions that extend the authorization of appropriations for most HEA programs for several years, often until FY2013. Specific program authorizations, however, are not discussed in this report. Overview There are seven titles of the HEA that authorize numerous programs and provisions designed to provide assistance to postsecondary students and institutions. The seven titles of the HEA are as follows: ! Title I -- General Provisions ! Title II -- Teacher Quality Enhancement ! Title III -- Institutional Aid ! Title IV -- Student Assistance ! Title V -- Developing Institutions ! Title VI -- International Education Programs; and ! Title VII -- Graduate and Postsecondary Improvement Programs. Title I. Title I primarily provides the general provisions and definitions that govern most of the programs authorized by the HEA. For example, it includes many of the institutional reporting requirements, important definitions such as "institution of higher education" (IHE) and authorizes a performance based organization (PBO) to administer federal student aid within ED. The major changes proposed include the following: CRS-4 ! Modification of the definitions of an IHE, including elimination of the requirement that proprietary institutions earn at least 10% of their revenue from non-Title IV sources (referred to as the 90/10 rule) as a condition of Title IV eligibility. ! Establishment of new requirements related to making college tuition information available to the public, including the development of higher education price indices and net price calculators. ! Establishment of new disclosure and reporting requirements for lenders and institutions participating in educational loan arrangements. Title II. Title II is the source of grants for improving teacher education programs, strengthening teacher recruitment efforts, and providing training for prospective teachers. This title also includes the reporting requirements for states and IHEs regarding quality of teacher education programs. The major changes proposed include the following: ! Elimination of the Title II-A State and Recruitment grants. ! Modification of the definition of a "high-need local educational agency" (LEA) as an eligible entity for the Partnership grant program to include large, high-poverty LEAs or small, rural LEAs. ! Modification of use of funds for Partnership grants to include support for a pre-baccalaureate preparation program, a teacher residency program, and a leadership development program (House only). ! Introduction of additional accountability, evaluation, and reporting requirements regarding traditional teacher preparation programs and new requirements for programs offering alternative routes to certification. Titles III and V. Titles III and V are the primary sources of institutional support authorized by the HEA. Both titles award grants to IHEs to strengthen their academic, administrative, and financial capabilities. Title III includes provisions for IHEs that serve large numbers of needy students, tribal colleges and universities, Alaska Native and Native Hawaiian-serving institutions, and historically black colleges and universities. Title V authorizes funds for Hispanic-serving institutions. The major changes proposed include the following: ! Establishment of the Promoting Postbaccalaureate Opportunities for Hispanic Students program. ! In the Senate bill, establishment of a new program, the Native American-serving non-tribal institution program. Title IV. Programs authorized under Title IV are the primary source of federal aid to support postsecondary education. The largest Title IV student aid programs are the Pell Grant program and the FFEL and DL programs. Additionally, there are several other smaller student aid programs, Federal Supplemental Educational Opportunity Grants (FSEOG), Federal Work-Study (FWS), and Federal Perkins Loans -- collectively known as the campus-based programs, and the Leveraging Educational Assistance Partnership (LEAP) program. Title IV also authorizes CRS-5 programs for student services. The federal TRIO programs and the Gaining Early Awareness and Readiness for Undergraduate Programs (GEAR UP) both provide less-advantaged students with support services to help them complete high school, and enter and persist through college. The major changes proposed include the following. Part A: Grants to Students. ! Authorization of up to two Pell Grant awards in a single academic year for select students. ! In the Senate bill, expansion of eligibility for Academic Competitiveness and National Science and Mathematics Access to Retain Talent (SMART) grants to include students who are enrolled half-time, pursuing a one-year or two-year certificate, or are enrolled in programs that require five years of study. Part B: Federal Family Education Loan Program. ! Establishment of additional requirements pertaining to the disclosure of additional information to borrowers regarding the capitalization of interest on federal student loans and the consequences of consolidating federal student loans. ! Establishment of new loan forgiveness and repayment programs. Part E: Perkins Loans. ! Expansion of the types of public service occupations for which Perkins Loans may be canceled. ! In the House bill, increasing the annual and aggregate loan limits for Perkins Loans. Part F: Need Analysis. ! Modification of the definition of room and board to include a room and board allowance for students who live in housing located on a military base or who receive a basic allowance for housing. ! Exclusion of the value of military housing or a military housing allowance received by a student or his/her parent from consideration as untaxed income or benefits in the need analysis formula. Part G: General Provisions. ! Addition of several requirements regarding information IHEs must make available to enrolled and prospective students, including the institution's transfer of credit policy, copyright infringement policies, campus emergency response and evacuation policies, and fire safety practices and standards. ! Addition of new requirements for the Program Participation Agreement (PPA), such as the inclusion of the 90/10 rule for proprietary schools, and a code of conduct for student loans. CRS-6 Part H: Program Integrity. ! Addition of several new accreditation provisions including those related to the stated mission of the IHE, distance education, public disclosure of an IHE's transfer of credit policy, and due process requirements for an IHE opposing an adverse action taken by an accrediting agency. Title VI. Title VI authorizes a variety of grants to IHEs and related entities to enhance instruction in foreign language and area studies. The international education program reflects the special priority placed by the federal government on foreign language and area studies, especially with respect to diplomacy, national security, and trade competitiveness. The major changes proposed include ! Addition of a requirement that undergraduate students engaged in intermediate or advanced study be eligible for fellowships currently limited to graduate students. Title VII. There are three graduate fellowship programs authorized under Title VII that are focused on specific graduate and professional degrees. In addition, the title authorizes the Fund for the Improvement of Postsecondary Education (FIPSE). The major changes proposed include the following: ! Establishment of new programs and authorized uses of funds under FIPSE, including a scholarship program for families of veterans and members of the military. In addition to these seven titles, both S. 1642 and H.R. 4137 would establish a new title to the HEA, Title VIII, which would include many new programs and other miscellaneous provisions. Title IX of both bills and Title X of the House bill would not create a new title of the HEA, but would amend other acts (including non-HEA programs and provisions created by the Higher Education Amendments of 1998). These three titles are discussed last in Table 1 to denote that they currently are not a part of the HEA. CRS-7 Table 1. Comparison of Current Law, S. 1642 and H.R. 4137 Current Law Senate-Passed (S. 1642) House-Passed (H.R. 4137) Title I: General Provisions. Institutions of Higher Education (IHEs). Selected provisions from the Section 101 Includes the following changes to this definition: Similar to Senate provision. definition of an IHE: ! Expands criteria for institutional ! An IHE must provide a program eligibility under Section 101 to Further expands the criteria for students who may for which the institution awards IHEs that provide a degree that is be admitted as regular students to explicitly a bachelor's degree or provides acceptable for admission to a include homeschooled students meeting the not less than a two-year graduate or professional degree requirements of Section 484(d)(3). program of study that is program if reviewed and acceptable for full credit toward approved by the Secretary. a bachelor's degree. ! Expands criteria for students who ! Admits as regular students only may be admitted as regular individuals who have a students to include students certificate of graduation from a dually or concurrently enrolled in secondary school or its an IHE and a secondary school. recognized equivalent; persons above the age of compulsory attendance may also be admitted as regular students. CRS-8 Current Law Senate-Passed (S. 1642) House-Passed (H.R. 4137) For institutions outside the United States (U.S.) Retains current law. Adds nursing schools to the types of institutions that are considered an IHE for the purposes of located outside of the U.S. that are not required to Title IV in the federal family educational loan be public or private nonprofit institutions. program (FFEL), the Secretary shall establish criteria for the approval of these institutions and for the determination that such institutions are comparable to an IHE as defined in section 101, except that a graduate medical school or a veterinary school located outside of the U.S. is not required to be a public or private nonprofit institution. Graduate medical schools located outside the Extends the second criterion to require that the Similar to Senate provision, except also adds a U.S. may participate in the FFEL program if: (1) institution has also continuously operated a third set of criteria for graduate medical schools the institution meets specific requirements related clinical training program in at least one state and located outside of the U.S. to meet to participate to student enrollment and passage rates on a that is approved by such state. in FFEL. The requirements include having a particular examination; or (2) the institution has a clinical training program approved by a state clinical training program that was approved by a before January 1, 2008; certifying only state as of January 1, 1992. unsubsidized Stafford or PLUS loans to graduate and professional students; and agreeing to reimburse the Secretary for the cost of any loan defaults for students included in the institution's cohort default rate for the previous fiscal year. (Note: See also proposed changes to calculation of cohort default rates in "Federal Family Education Loan (FFEL) Program and William D. Ford Federal Direct Loan (DL) Program" under Title IV in this table.) CRS-9 Current Law Senate-Passed (S. 1642) House-Passed (H.R. 4137) No similar provision. No similar provision. Adds the following criteria that nursing schools located outside the U. S. must meet to participate in FFEL: (1) have an agreement with hospitals or eligible nursing schools in the U.S.; (2) have students complete their clinical training at these hospitals or nursing schools; (3) certify only unsubsidized Stafford or PLUS loans for enrolled students; and (4) agree to reimburse the Secretary for the cost of any loan defaults to the extent that the institution's cohort default rate exceeds 5%. (Note: See also proposed changes to calculation of cohort default rates in "Federal Family Education Loan (FFEL) Program and William D. Ford Federal Direct Loan (DL) Program" under Title IV in this table.) Proprietary institutions are required to derive at Eliminates the 90/10 rules as a condition of Similar to Senate provision. least 10% of their revenue from non-Title IV institutional eligibility for proprietary institutions. sources of funds. (Commonly referred to as the 90/10 rule.) (Note: The 90/10 rule is relocated to the PPA). To participate in Title IV, both proprietary Expands admission criteria to include students Similar to Senate provision. institutions and postsecondary vocational dually or concurrently enrolled in an IHE and a institutions must admit as regular students, only secondary school. individuals who have a certificate of graduation from a secondary school or its recognized equivalent. Persons above the age of compulsory attendance may also be admitted as regular students. CRS-10 Current Law Senate-Passed (S. 1642) House-Passed (H.R. 4137) Additional Definitions. No similar provision. Defines "authorizing committees," "critical Similar to Senate provision, except does not foreign language," "distance education," and define "poverty line." Also, adds definitions for "poverty line." "disconnected students," "high-need school," "limited English proficient," "universal design," and "universal design for learning." Protection of Student Speech and Association Rights. A sense of Congress addresses the protection of Expands the current sense of Congress in several Retains current law. student speech and association rights. ways, including specifying that the diversity of institutions and educational missions is a strength of U.S. higher education, IHEs have different missions and should design their academic programs in accordance with their education goals; colleges should facilitate the free and open exchange of ideas; students should not be intimidated, harassed, or discouraged from speaking out; and students should be treated "equally and fairly." Modifies existing language to require that the imposition of any sanctions of students be done "objectively and fairly." CRS-11 Current Law Senate-Passed (S. 1642) House-Passed (H.R. 4137) National Advisory Committee on Institutional Quality and Integrity (NACIQI). The Secretary appoints the 15 members of Renames NACIQI the Accreditation and Retains current committee name. NACIQI for three-year terms of office. The Institutional Quality and Integrity Advisory committee advises the Secretary in several areas Committee. related to accreditation, including providing guidance related to the establishment and Specifies that 5 members would be appointed by Specifies that there will be 17 members, with 6 enforcement of the standards of accrediting the Secretary, 5 members appointed by the House members being appointed by the Secretary, 6 agencies for Title IV purposes, advising the of Representatives, and 5 members appointed by appointed by the House of Representatives Secretary regarding the recognition of a specific the Senate. (majority and minority leader each recommend 3 accrediting agency, and development of a list of members), and 6 appointed by the Senate nationally recognized accrediting agencies, (majority and minority leader each recommend 3 developing and recommending standards and members). criteria for specific categories of institutions for which no recognized accrediting agency exists, (Note: The number of members to be appointed making recommendations related to the eligibility by the Secretary, House, and Senate exceeds the and certification process, and advising the total number of committee members). Secretary regarding the relationship between accreditation and the certification and eligibility Each member serves for six years. Similar to Senate provision. of IHEs, and IHEs and state licensing. Eliminates as a responsibility, development of Similar to Senate provision, except adds that the standards and criteria for specific categories of committee will take into consideration institutions for which no recognized accrediting complaints and the resolution of such complaints agency exists. by the Accreditation Ombudsman when advising the Secretary. CRS-12 Current Law Senate-Passed (S. 1642) House-Passed (H.R. 4137) No similar provision. No similar provision. States that the committee may not recommend the denial of an application for recognition by an accrediting agency for any reason other than those included in section 596. (Note: This should probably be a reference to section 496 which includes the statutory requirements for recognition.) Drug and Alcohol Abuse Prevention. No similar provision. Requires IHEs to determine the number of drug Similar to Senate provision. and alcohol-related incidents and fatalities that occur on the IHE's property or as part of the IHE's activities and are reported to the IHE as part of the IHE's biennial review of its drug and alcohol abuse prevention program. Also requires IHEs to determine the number and type of sanctions imposed in response to drug and alcohol-related incidents and fatalities that occur on the IHE's property or as part of the IHE's activities during its biennial program review. CRS-13 Current Law Senate-Passed (S. 1642) House-Passed (H.R. 4137) State Commitment to Affordable College Education. No similar provision. No similar provision. Establishes two maintenance of effort (MOE) requirements that, after July 1, 2008, states must meet to receive funding under the proposed Grants for Access and Persistence (GAP) program. First, state funding provided for public IHEs (for non-capital and non-research and development expenses or costs) must be not be less than the average amount provided during the 5 most recent preceding academic years. Second, state funding provided for private IHEs, for student financial aid for paying the costs associated with postsecondary education, must not be less than the average amount provided during the 5 most recent preceding academic years. MOE requirements may be waived for exceptional or uncontrollable circumstances. If a state does not meet the MOE requirements, the Secretary shall withhold funds that would be available to the state for the GAP program until the state has made significant efforts to correct the situation. No similar provision. No similar provision. Authorizes the Secretary to identify cost containment strategies being used by institutions, to disseminate such information, to recognize institutions doing an effective job at cost containment, and to work with institutions to implement effective strategies. CRS-14 Current Law Senate-Passed (S. 1642) House-Passed (H.R. 4137) Transparency in College Tuition for Consumers. No similar provision. Requires the Commissioner of the Bureau of Similar to Senate provision, except refers to the Labor Statistics (BLS) to develop higher education indices as the postsecondary education price price indices that accurately reflect the annual indices, and the Secretary authorized to use an change in tuition and fees for undergraduate "alternative, comparable index" while the students by specific institutional sectors (i.e., level required indices are being developed. Also and control of the institution). expands the list of institutional sectors for which indices must be developed. No similar provision. Requires the Secretary to annually publish a Requires the Secretary to create three lists national list and a list for each state, that ranks annually and make them publicly available on the IHEs based on the percentage and dollar changes College Navigator. These lists include (1) a list in tuition and fees over the preceding two years. of the top 5% of institutions by category (e.g., Data must be reported by institutional sector. public four-year) that have the highest tuition and fees, (2) a list of the top 5% of institutions by category that have the lowest tuition and fees, and (3) a list of the top 5% of institutions in each category that have the largest percentage increase in tuition and fees over a three-year period. No similar provision. IHEs whose increase in tuition and fees exceeds No similar provision. that of its applicable higher education price index would be placed on the "Higher Education Price Increase Watch List." These lists must include the full price of tuition and fees, net price, and the average price of room and board on campus, if applicable. CRS-15 Current Law Senate-Passed (S. 1642) House-Passed (H.R. 4137) No similar provision. No similar provision. Requires IHEs whose percentage increase in tuition and fees over a three-year period are in the highest 5% of increases in each category to provide the Secretary with a description of the factors contributing to the increase in tuition and fees. Each of these IHEs is also required to establish a quality efficiency task force to review institutional operating costs and identify areas for cost savings. The task force must submit a report to the Secretary regarding its review and analysis. The Secretary must make the information publicly available on the College Navigator website. No similar provision. No similar provision. Includes two exemptions to the requirement that IHEs in the top 5% of institutions in each category based on the percentage change in tuition and fees over a three-year interval be included on an annual list and subject to reporting requirements for (1) an IHE whose price is in the lowest quartile of institutions in its sector for the last year of the three-year period; and (2) for an IHE whose increase in tuition and fees over the three-year interval is less than $500. No similar provision. Requires the Secretary to annually report for each Similar to Senate provision. state a comparison of the percentage change in state appropriations per enrolled student in public IHEs to the percentage change in tuition and fees for each public IHE for the previous five years. Also requires Secretary to report the total amount of need-based and merit-based aid provided by the state to students enrolled in each public IHE. CRS-16 Current Law Senate-Passed (S. 1642) House-Passed (H.R. 4137) No similar provision. Requires the Secretary to develop net price Requires the Secretary to develop a net price calculators for each institutional sector not later calculator not later than one year after the date of than one year after the date of enactment. Not enactment. Not later than three years after the later than three years after the date of enactment, date of enactment, each IHE receiving federal each IHE receiving federal funds under the HEA funds under the HEA must adopt and use the net must adopt and use a net price calculator price calculator developed by ED. developed by ED or by the IHE. No similar provision. Requires an IHE receiving funds authorized by the No similar provision. HEA to include in its application materials the most recent information regarding the net price of the institution calculated for each income quartile based on the income of the students' parents (dependent students) or the income of the students (independent students) for each of the two academic years preceding the academic year for which the application is produced. No similar provision. Requires the Secretary to contract with an No similar provision. independent organization with expertise in the development of consumer-friendly websites to develop improvements to the College Opportunities On-Line (COOL) website. No later than one year after the date of enactment, the Secretary must implement these recommendations. (Note: Since this bill was passed, COOL has been renamed the College Navigator.) CRS-17 Current Law Senate-Passed (S. 1642) House-Passed (H.R. 4137) No similar provision. Requires the Secretary to create a model Requires the Secretary to collect specific data document, the University and College elements from IHEs through the Integrated Accountability Network (U-CAN), that IHEs may Postsecondary Education Data System (IPEDS). use to voluntarily report basic institutional These data elements are similar to those that are information on an annual basis. The data elements included under the U-CAN provision in the included in U-CAN generally address student Senate bill, but the House bill includes three admissions, student characteristics, retention and additional data elements. completion rates, major areas of study, faculty data, price, financial aid, transfer of credit policies, campus safety, student activities offered by the institution, and services offered to students during and after college. No similar provision. No similar provision. Requires the Secretary to make publicly available on an annual basis on the College Navigator website a higher education pricing summary page that includes specific data for all IHEs participating in Title IV programs, such as tuition and fees for the upcoming academic year and net price by income category. No similar provision. No similar provision. Establishes income categories for institutional data reporting purposes. Requires the Secretary to provide all IHEs participating in a Title IV student aid program with income categories adjusted for inflation on an annual basis. No similar provision. Requires the Government Accountability Office No similar provision. (GAO) to examine the institutional time and cost burden associated with completing the Integrated Postsecondary Education Data System (IPEDS) survey. CRS-18 Current Law Senate-Passed (S. 1642) House-Passed (H.R. 4137) Provides for a survey of student aid recipients on Retains current law. Requires that the survey be conducted at least a regular basis, at least once every three years. once every four years. Expands the purposes of the study to examine the affect of debt burden on career choices, the role of price in the choice of a postsecondary education institution, and how the increased cost of textbooks affects costs for students. No similar provision. No similar provision. Adds a sense of Congress regarding consumer information about IHEs, stating that IHEs should participate in efforts to provide "concise, easily accessible, on-line consumer information" to prospective students that is consistent across institutions. Textbook Information. No similar provision. No similar provision. Creates a textbook information program designed to ensure that students have better and more timely access to course materials. Requires, for example, publishers to provide specific information about pricing and adhere to new requirements related to the bundling of materials. IHEs must provide, to the extent practicable, information on course materials for each courses listed in the course schedule. They must also make specific information about course materials and enrollment levels available to college bookstores, upon request. CRS-19 Current Law Senate-Passed (S. 1642) House-Passed (H.R. 4137) Student Information Databases. No similar provision. Prohibits the development of a federal database of Similar to Senate provision. student information, except for specific exempted purposes, such as the National Student Loan Data System. This prohibition does not extend to the development of state databases of student information. Endowment Reporting. No similar provision. No similar provision. Requires each IHE to report annually to the Secretary on expenditures from any institutional endowment funds for the purpose of reducing the costs of programs of instruction, including endowment funds used for grant aid. In-State Tuition for Members of the Armed Forces. No similar provision. No similar provision. Requires that for members of the Armed Forces on active duty for more than 30 days, whose domicile or permanent duty station is in a state, dependents (of such a member) may not be charged more than in-state rates by a public IHE in that state. Easy-to-Find Information on Student Financial Aid. No similar provision. Requires a link to student financial aid Similar to Senate provision. Also authorizes information be displayed on ED's homepage. administrative funds for operations and expenses to be used for promoting the availability of the student aid website. CRS-20 Current Law Senate-Passed (S. 1642) House-Passed (H.R. 4137) No similar provision. Requires the Secretary to contract with an No similar provision. organization with expertise in consumer-friendly websites to improve the usefulness and accessibility of ED information on college planning and student financial aid. No later than one year after enactment, the Secretary must implement the improvements and publicize the availability of information. No similar provision. No similar provision. Requires the Secretary to compile relevant information about student financial assistance programs available through other federal agencies and make the information accessible through the federal student financial aid website. State Higher Education Information System Pilot Program. No similar provision. Creates a competitive grant program to assist up to Similar to Senate provision. five states with developing state level postsecondary student data systems. Performance Based Organization (PBO). Establishes that the Performance-Based Establishes that the functions of the PBO in ED Retains current law. Organization (PBO) shall be a discrete are now referred to as "administrative and management unit responsible for managing the oversight" functions, not "operational." The PBO operational functions supporting the programs will also be responsible for the administration of authorized under Title IV. federal student financial assistance programs. No similar provision. Directs the PBO to utilize procurement systems No similar provision. that streamline operations, improve internal controls, and enhance management. CRS-21 Current Law Senate-Passed (S. 1642) House-Passed (H.R. 4137) Requirements for Lenders and Institutions Participating in Educational Loan Arrangements. No similar provision. Requires Title IV-eligible institutions that receive Prohibits a covered institution that enters into a federal funding or assistance (referred to as preferred lender arrangement regarding private "covered IHEs"), and enter into a loan educational loans (after the date of enactment), arrangement with a lender -- under which the IHE from agreeing to allow the lender to use the recommends the lender's loans and receives a institution's name or likeness in the marketing of material benefit from the lender -- to disclose the private educational loans to students attending the name of the lender in loan documentation. institution in any way that implies the institution's endorsement of the private educational loans. No similar provision. No similar provision. Requires FFEL program lenders that participate in one or more preferred lender arrangements to annually certify compliance with the requirements of the HEA. No similar provision. Requires Title IV lenders to annually report to the No similar provision. Secretary, any reasonable expenses paid or given to IHE personnel with responsibilities for educational loans. Secretary must annually compile and transmit this information to the authorizing committees. No similar provision. No similar provision. Requires the Secretary to display on the Department of Education website, and to provide to colleges and universities, information to be used for counseling and consumer information for prospective borrowers. CRS-22 Current Law Senate-Passed (S. 1642) House-Passed (H.R. 4137) No similar provision. No similar provision. Requires covered IHEs that provide information to students or their parents about private educational loans to also inform them about their eligibility for assistance and loans under Title IV, and to specify the terms and conditions of such private educational loans that may be less favorable than the terms and conditions of educational loans for which they may be eligible. Requires the presentation of information on private educational loans to be distinct from information on Title IV loans. CRS-23 Current Law Senate-Passed (S. 1642) House-Passed (H.R. 4137) No similar provision. Requires the reporting of information on Similar to Senate provisions except that the educational loan arrangements, including: model format for use by lenders and covered ! reporting by the Secretary on the IHEs to report information about educational adequacy of information about loans applies to private loans as well. educational loans provided to students and their families; ! development by the Secretary of a model format for use by lenders and covered IHEs to report information about educational loans; ! annual reporting by lenders to the Secretary and each covered IHE with which they have a student loan arrangement, of the information included in the model format for each type of loan they provided to students attending covered IHEs; and ! annual reporting by covered IHEs to the Secretary, and public release of the information provided to them by each lender with which they have a student loan arrangement, and a detailed explanation of why terms and conditions are better for the student. CRS-24 Current Law Senate-Passed (S. 1642) House-Passed (H.R. 4137) No similar provision. No similar provision. Requires covered IHEs to disclose certain information on their websites and in informational materials, including ! that students are neither limited nor required to use the lenders recommended by the IHE, and that the IHE is required to process federal education loan documents from any eligible lender; ! all information from the model disclosure form with respect to any lender recommended by the IHE for federal or private educational loans; ! maximum amounts of federal grant and loan aid available to students; and ! the IHE's cost of attendance (COA). CRS-25 Current Law Senate-Passed (S. 1642) House-Passed (H.R. 4137) Title II: Teacher Quality Enhancement. Teacher Quality Partnership Grants. Defines "Eligible Partnership" as an entity that Amends the definition of a high need LEA to read Similar to Senate provision except that part (iv) shall include "(i) a partner institution; (ii) a as follows: "shall include -- (i) a high-need local reads: "a school, department, or program of school of arts and sciences; and (iii) a high-need educational agency; (ii) a high-need school or a education within such partner institution or a local educational agency." The definition also consortium of high-need schools served by the teacher professional development program within includes a list of eligible partners including high-need local educational agency or, as such partner institution." The House provision charter schools, businesses, and teacher applicable, a high-need early childhood education also includes alternative certification programs in organizations. program; (iii) a partner institution; (iv) a school, the list of eligible partners. department, or program of education within such partner institution; and (v) a school or department of arts and sciences within such partner institution." Defines "High-Need Local Educational Agency" Amends the definition of a high-need LEA to read Similar to Senate provision except the House as one that serves a school in, "an area in which as follows: "a local educational agency -- (A)(i) uses different locale codes and refers to them by there is: (A) a high percentage of individuals for which not less than 20 percent of the children their labels rather than by their numbers; that is, from families with incomes below the poverty served by the agency are children from part (A)(iii) of the House definition reads, "with a line; (B) a high percentage of secondary school low-income families; (ii) that serves not fewer total of less than 600 students in average daily teachers not teaching in the content area in which than 10,000 children from low-income families; or attendance at the schools that are served by the the teachers were trained to teach; or (C) a high (iii) with a total of less than 600 students in agency and all of whose schools are designated teacher turnover rate." average daily attendance at the schools that are with a school locale code of `Rural: Fringe,' served by the agency and all of whose schools are `Rural: Distant,' or `Rural: Remote,' as designated with a school locale code of 6, 7, or 8, determined by the Secretary." as determined by the Secretary; and (B)(i) for which there is a high percentage of teachers not teaching in the academic subject areas or grade levels in which the teachers were trained to teach; or (ii) for which there is a high teacher turnover rate or a high percentage of teachers with emergency, provisional, or temporary certification or licensure." CRS-26 Current Law Senate-Passed (S. 1642) House-Passed (H.R. 4137) Defines "Partner Institution" as a private Amends the definition of partner institution as Same as the Senate provision except the House independent or State-supported public IHE that follows: "may include a two-year institution of also includes in the definition of partner demonstrates that graduates from its teacher higher education offering a dual program with a 4- institution those institutions providing training program exhibit strong performance on year institution of higher education." professional development to current teachers that state qualifying assessments and are required to require collaborative seminars lead by faculty of participate in intensive clinical experience. arts and sciences. No similar provision. Defines the following terms: "Children from Low- Similar to Senate provision except the House Income Families," "Core Academic Subjects," does not include definitions for "Limited English "Early Childhood Education Program," "Early Proficient" or "Principals of Scientific Research." Childhood Educator," "Educational Service The House also states that the "Teacher Agency," "Essential Components of Reading Mentoring" program, "provides paid release time Instruction," "Exemplary Teacher," "High-Need for mentors." Early Childhood Education Program," "High- Need School," "Highly Competent," "Highly Qualified," "Induction Program," "Limited English Proficient," "Principals of Scientific Research," "Professional Development," "Scientifically Valid Research," "Teacher Mentoring," "Teaching Skills," and "Teaching Residency Program." No similar provision. No similar provision. Includes a "Rule of Construction" which states, "Nothing in this title shall be construed to alter or otherwise affect the rights, remedies, and procedures afforded to the employees of local educational agencies under Federal, State, or local laws (including applicable regulations or court orders) or under the terms of collective bargaining agreements, memoranda of understanding, or other agreements between such employees and their employers, including, but not limited to, the right of employees of local educational agencies to engage in collective bargaining with their employers." CRS-27 Current Law Senate-Passed (S. 1642) House-Passed (H.R. 4137) Partnership Grants. Funds appropriated for Title II, Part A are for Eliminates the state and recruitment grants and Same as the Senate provision. state, partnership, and recruitment grants awarded changes the title of Part A to "Teacher Quality on a competitive basis. Partnership Grants." Authorizes the Secretary to award competitive Requires funds to be used for carrying out a Similar to the Senate provision except the House grants to eligible partnerships. Requires funds to program for the Pre-Baccalaureate Preparation of includes several provisions that describe the be used for implementing reform of teacher Teachers, a Teaching Residency Program, or both. purposes of the program and use of funds for preparation programs, providing clinical training rural, multi-subject, AP/IB teachers, or experience including mentoring of prospective Pre-Baccalaureate Program is similar to the those who work with students who are learning teachers, and providing professional development partnership program but adds more detailed (or otherwise) disabled, limited English that improves content knowledge for current language on accountability and use of funds for proficient, or from underrepresented populations. teachers. Also allows funds to be used for reforms. Expands the required uses of funds for preparing teachers to work with diverse clinical experience and adds new required uses for Provides additional language regarding the use of populations, involving parents in program induction, support, and recruitment. funds for teacher recruitment in the Pre- reform, disseminating information, coordinating Baccalaureate program including reform efforts, developing school management Teaching Residency Program gives new teachers underrepresented populations, rural communities, and leadership, and recruiting new teachers into and prospective mid-career professionals a one- shortage subject areas, mid-career professions, the profession. year stipend to receive intensive training toward a former military personnel, and recent college master's degree and requires that they teach for a graduates. Also includes an additional use of minimum of three years in a high-need school. funds for literacy training. The program would also give experienced teachers the opportunity to serve as mentor teachers in House specifies that the Teacher Residency exchange for full relief from their usual teaching Program may include consideration of applicants duties. who reflect the communities in which they will teach. No similar provision. Adds a new allowable use of Partnership grant No similar provision. funds for grantees to partner with a television public broadcast station to improve teacher preparation. CRS-28 Current Law Senate-Passed (S. 1642) House-Passed (H.R. 4137) No similar provision. No similar provision. Adds a new Development of Leadership Program for partnerships which prepare superintendents, principals, and other school administrators. Eligible participants must be enrolled or a recent graduate from an IHE, mid-career professionals with strong content knowledge or record of professional accomplishment, current teachers desiring to become principals, or current principals desiring to become superintendents. Funds appropriated for Title II, Part A are for Eliminates the state and recruitment grants and Same as the Senate provision. state, partnership, and recruitment grants awarded changes the title of Part A to "Teacher Quality on a competitive basis. Partnership Grants." Authorizes the Secretary to award competitive Authorizes the Secretary to award competitive Authorizes the Secretary to award competitive grants to eligible partnerships. grants to eligible partnerships. Requires funds to grants to eligible partnerships. Requires funds to be used for carrying out a program for the Pre- be used for carrying out a program for the Pre- Baccalaureate Preparation of Teachers, a Teaching Baccalaureate Preparation of Teachers, a Residency Program, or both. Teaching Residency Program, a leadership development program, or a combination of two or more such programs. CRS-29 Current Law Senate-Passed (S. 1642) House-Passed (H.R. 4137) Requires funds to be used for implementing Pre-Baccalaureate Programs supported through Similar to the Senate provision except the House reform of teacher preparation programs, partnerships are to carry out reforms and clinical includes several provisions that describe the providing clinical experience including experience similar to the current partnership purposes of the program and use of funds for mentoring of prospective teachers, and providing program but adds more detailed language on training rural, multi-subject, AP/IB teachers, or professional development that improves content accountability and use of funds for reforms. those who work with students who are learning knowledge for current teachers. Also allows Expands the required uses of funds to include (or otherwise) disabled, limited English funds to be used for preparing teachers to work clinical experience and adds new requirement for proficient, or from underrepresented populations. with diverse populations, involving parents in supported programs to include induction, support, Provides additional language regarding the use of program reform, disseminating information, and recruitment components. funds for teacher recruitment in the Pre- coordinating reform efforts, developing school Baccalaureate program including management and leadership, and recruiting new underrepresented populations, rural communities, teachers into the profession. shortage subject areas, mid-career professions, former military personnel, and recent college graduates. Also includes an additional permissible use of funds for literacy training. No similar provision. Teaching Residency Program gives new teachers Similar to Senate except House specifies that the and prospective mid-career professionals a one- Teacher Residency Program may include year stipend to receive intensive training toward a consideration of applicants who reflect the master's degree and requires that they teach for a communities in which they will teach; explicitly minimum of three years in a high-need school limits stipends to one year; and further requires served by a high-need LEA in the partnership. service in a high-need field, certification of The program would also give experienced teachers service, and status as a "highly qualified teacher" the opportunity to serve as mentor teachers in according to ESEA §9101 prior to service. exchange for full relief from their usual teaching duties. No similar provision. No similar provision. Adds a new Development of Leadership Program for partnerships which prepare superintendents, principals, and other school administrators. Eligible participants must be enrolled or a recent graduate from an IHE, mid-career professionals with strong content knowledge or record of professional accomplishment, current teachers desiring to become principals, or current principals desiring to become superintendents. CRS-30 Current Law Senate-Passed (S. 1642) House-Passed (H.R. 4137) No similar provision. Adds a new allowable use of Partnership grant No similar provision. funds for grantees to partner with a television public broadcast station to improve teacher preparation. Grantees may receive an award under each of the Partnerships may receive only one grant during a Same as Senate provision. state, partnership, and recruitment programs only five-year period; however, an eligible partner may once. be a member of multiple partnerships. Priority for awards is given to partnerships that Priority for awards is given to partnerships that Priority for awards is given to partnerships whose include businesses and requires the Secretary to include businesses and community organizations, teacher preparation programs have a rigorous consider an equitable geographic distribution of and promote an equitable geographic distribution selection process, and partnerships that include the grants throughout the U.S. of grants among rural and urban areas. businesses and community organizations, or promote an equitable geographic distribution of grants among rural and urban areas. Requires grantees to provide matching funds, Requires grantees to provide matching funds, from Same as Senate provision. from non-federal sources, in an amount equal to non-federal sources, in an amount equal to 100% 25% of the grant for the first year of the grant, of the amount of the grant and gives the Secretary 35% for the second year, and 50% for each authority to waive this requirement for any fiscal succeeding year. year in which it would result in serious hardship or an inability to carry out the authorized activities. CRS-31 Current Law Senate-Passed (S. 1642) House-Passed (H.R. 4137) Accountability for Programs that Prepare Teachers. Requires that IHEs that conduct traditional Adds programs that offer alternative routes to state Similar to Senate provision except the House teacher preparation programs and enroll students certification and licensure to the list of programs requires that the Report Card also include receiving federal assistance under the HEA to that must report this information. Requires that information on teacher training for those who annually produce a Report Card on the status of the Report Card include "scaled scores" in teach students with disabilities. passage rates for teacher preparation students addition to passage rates of those still enrolled in a taking assessments within three years of leaving program or who have completed in the last two the program, program and accreditation years, to disaggregate program information by information, and designation of low-performing race and gender, and to describe activities programs among other things. employed to prepare teachers to use technology. Requires states that receive funds under the HEA Adds to the descriptions of the required Similar to Senate provision except the House to produce a Report Card on the quality of information that must be included on the Report adds information on preparation for teaching teacher preparation programs in the state Card and prohibits the Secretary from creating a disabled and limited English proficient students including a description of assessments used for national list or ranking states or schools based on to the reporting requirements as well as language certification, pass rates on such assessments, these reports. on data quality. alternative routes to certification, and criteria for assessing program performance. No similar provision. Requires IHEs and programs for alternative routes Same as Senate provision. to certification that enroll students receiving federal assistance under the HEA to (1) set annual quantifiable goals for meeting teacher shortages, (2) provide assurances to the Secretary that the training provided addresses these goals, and (3) publicly report whether the goals have been met. Requires states receiving funds under the HEA Specifies that students who are enrolled in a Similar to Senate provision except the House annually provide the Secretary a list of program at the time of termination of financial provides additional criteria on which the state low-performing teacher preparation programs support shall receive "transitional support." may determine levels of performance. that includes an identification of those programs at risk of being placed on such list. Makes state- designated, low-performing programs ineligible for ED professional development funds and unable to enroll students receiving Title IV aid. CRS-32 Current Law Senate-Passed (S. 1642) House-Passed (H.R. 4137) No similar provision. Requires state education agencies receiving funds Same as Senate provision. under the HEA to release all pertinent education- related information requested by a teacher preparation program concerning the program's graduates or the program itself. Preparing Tomorrow's Teachers to Use Technology. Funds appropriated for Title II, Part B are used to Retains current law. Changes title to "Preparing Teachers for Digital award five-year competitive grants to consortia of Age Learners." Limits awards to $2,000,000, public and private entities to prepare teachers to over three-years with a possible one-year use technology. Grantees are required to cover at renewal. Eliminates the 50% non-federal least 50% of the cost of the program from matching requirement. Also provides more non-federal sources. Grantees are required to use details about the program goals and use of funds. funds to prepare prospective teachers to use advanced technology to prepare all students to meet state and local academic standards and to evaluate program effectiveness. Grantees may use funds to prepare teachers in wider aspects of the use of technology in curricula and instruction, to develop alternative teacher development paths and achievement-based standards, and to provide technical assistance. Enhancing Teacher Education. No similar provision. No similar provision. Authorizes a new "Recruiting Teachers with Math, Science, or Language Majors" program which would award grants to IHEs to provide incentives for students in these majors to go into teaching, upgrade curriculum, integrate faculty, and retrain teachers. CRS-33 Current Law Senate-Passed (S. 1642) House-Passed (H.R. 4137) No similar provision. No similar provision. Authorizes a new "Community Colleges as Partners in Teacher Education Grants" program which would award grants to partnerships of community colleges, four-year IHEs, and either an SEA, LEA, or teacher organization. Funds may be used for a number of activities including curriculum development, clinical experience, professional development, and articulation agreements between community colleges and 4- year institutions. No similar provision. No similar provision. Authorizes a new "Hawkins Centers of Educational Excellence" program which would award grants to certain minority-serving institutions (MSIs) to reform teacher preparation programs, provide clinical experience, promote teacher retention, and award scholarships. No similar provision. The Senate authorizes a new "Teach for America" The House authorizes a program entitled "Teach program under Title VIII. A side-by-side for America" under Title II. comparison of these provisions is located under the section entitled "Teach for America" in Title VIII of this table. No similar provision. The Senate authorizes a new "Early Childhood The House authorizes a program entitled "Early Education Professional Development and Career Childhood Education Professional Development Task Force" program under Title VIII. A and Career Task Force" under Title II. side-by-side comparison of these provisions is located under the section entitled "Early Childhood Education Professional Development and Career Task Force" in Title VIII of this table. No similar provision. No similar provision. Authorizes a new "Teach to Reach" program which would award grants to IHEs to improve the preparation of general education teachers to provide instruction to students with disabilities. CRS-34 Current Law Senate-Passed (S. 1642) House-Passed (H.R. 4137) Title III: Institutional Aid. Strengthening Institutions. Secretary may award grants to any eligible Expands eligibility to include any eligible Same as Senate provision. institution with an application approved under institution with an application approved under all section 351 (Minority Science and Engineering other sections of Title III. Improvement Program). No similar provision. Expands authorized activities to include remedial Similar to Senate provision. education, English language instruction courses, and education or counseling services designed to improve financial literacy and economic literacy of students or students' parents, among other things. American Indian Tribally Controlled Colleges and Universities. Tribal College or University (TCU) has the same Defines a TCU as: an institution that qualifies for Same as Senate provision. meaning as tribally controlled college or funding under the TCCUAA or the Navajo university in Section 2 of the Tribally Controlled Community College Assistance Act of 1978 or, is College or University Assistance Act of 1978 cited in section 532 of the EELGSA. (TCCUAA) and includes institutions listed in the Equity in Educational Land-Grant Status Act of 1994 (EELGSA). No similar provision. Expands authorized activities to include Expands authorized activities to include acquisition of real property and education or construction, maintenance, and renovation of counseling services designed to improve financial classrooms, libraries and other instructional literacy and economic literacy of students or facilities, and to improve facilities for Internet students' parents, among other things. use or other distance learning purposes. CRS-35 Current Law Senate-Passed (S. 1642) House-Passed (H.R. 4137) The Secretary shall ensure maximum and Establishes a new allocation formula whereby the Similar to Senate provision. equitable distribution of funds among all eligible Secretary can reserve 30% of the appropriation for institutions. one-year construction grants. Remaining funds should be allocated as follows: 60% based on Indian student count and 40% equally distributed among eligible TCUs. The minimum grant would be $500,000. Alaska Native and Native Hawaiian-Serving Institutions. No similar provision. Expands the authorized activities to include No similar provision. education or counseling services designed to improve financial literacy and economic literacy of students or students' parents, among other things. Native American-Serving, Non-Tribal Institutions. The Native American-serving, non-tribal Similar to program created by CCRAA, except Similar to program created by CCRAA (with no institutions program provides grants to eligible specifies that the minimum grant would be minimum grant specified), and establishes the IHEs. Eligible institutions must have at least 10% $200,000 and establishes the program in Title III. program in Title III. Native American students and cannot be a TCU as defined in Section 316. Native American defined as an individual who is of a tribe, people, or culture indigenous to the United States. Establishes program in Title IV. (Note: This program was added by the CCRAA, P.L. 110-84.) CRS-36 Current Law Senate-Passed (S. 1642) House-Passed (H.R. 4137) Historically Black Colleges and Universities (HBCUs). The phrase "professional and academic areas in Requires the Secretary to also consult with the Same as Senate provision. which Blacks are underrepresented" shall be Commissioner for Education Statistics. determined by the Secretary and the Commissioner of the BLS, on the basis of the most recent available satisfactory data, as professional and academic areas in which the percentage of Black Americans who have been educated, trained, and employed is less than the percentage of Blacks in the general population. No similar provision. Expands the authorized activities to include Similar to Senate provision. education or counseling services designed to improve financial literacy and economic literacy of students or students' parents, among other things. Provides formula for allotting funds. Adds new requirement that to receive the annual States that if the Part B institution did not enroll allotment, HBCUs must annually provide data on any Pell Grant recipients, or graduate any the following: number of Pell Grant recipients, students in the previous academic year, or send number of graduates from the preceding year, and any students to graduate or professional school, the number of students who enrolled in a graduate the IHE shall not receive a grant. or professional program within last five years. Specifies that if the data submitted to receive the allotment are insufficient to justify an award in excess of $500,000, the IHE would receive $500,000, except if the amount of the award as determined by the formula would be less than $250,000 the IHE would receive $250,000. CRS-37 Current Law Senate-Passed (S. 1642) House-Passed (H.R. 4137) Historically Black Colleges and Universities, Professional or Graduate Institutions. No similar provision. Expands the authorized activities to include Similar to Senate provision. education or counseling services designed to improve financial literacy and economic literacy of students or students' parents, among other things. There are 18 existing eligible grantees. Expands the list of eligible graduate and Similar to the Senate provision except the professional schools/programs (Part B, Section following IHEs are added: Alabama State 326) to include Alabama State University; Coppin University; Bowie State University; Delaware State University; Delaware State University; State University; Fayetteville State University, Prairie View A&M University; Langston Langston University; Prairie View A&M University; West Virginia State University; and University; and University of the District of Grambling State University, Kentucky State Columbia Law School. University, Fayetteville State University. Annually, the first $26.6 million appropriated is Retains current law. Changes funding structure to reserve the first reserved for the 16 institutions in the program $54.5 million appropriated for the 18 grantees prior to the 1998 amendments; the next $2 that existed prior to 2008. From additional million is reserved for two institutions added by amounts appropriated $6.0 million for the 6 the 1998 amendments. newly added IHEs. Historically Black College and University Capital Financing Program. No similar provision. Requires the Secretary to submit an annual report No similar provision. to the authorizing committees no later than 90 days after the date of enactment, that provides ED's progress in implementing the recommendations made by the GAO for improving the HBCU Capital Financing Program. CRS-38 Current Law Senate-Passed (S. 1642) House-Passed (H.R. 4137) Total outstanding principal and unpaid accrued Retains current law. Increases the amount authorized for outstanding interest on the loans cannot exceed $375 million loan principal and interest to $1.1 billion. Also (of this amount, $250 million is allotted for increases the amount that is reserved for private private HBCUs and $125 million is for public IHEs to approximately $733 million, and HBCUs). approximately $366 million for public IHEs. No similar provision. Retains current law. Adds provisions to cap collateralization requirements, establish reserve accounts, and allow for forbearance and deferment. Also expands the program's advisory board membership. Predominantly Black Institutions (PBIs). A program entitled, "Predominantly Black The Senate authorizes a similar program under The House authorizes a similar program for PBIs Institutions" was added by the College Cost Title VIII. A side-by-side comparison of these under Title III. Reduction and Access Act, P.L. 110-84. provisions is located under the section entitled "Predominantly Black Institutions" in Title VIII of this table. Asian American and Native American Pacific Islander-Serving Institutions. Asian American and Native American Pacific No similar provision. Similar to program created by CCRAA (with no Islander-serving institutions. minimum grant specified), and establishes the program in Title III. Eligible institutions must be eligible under section 312(b) and at the time of application have at least 10% Asian American and Native American Pacific Islander undergraduate students. Establishes program in Title IV. (Note: This program was added by the CCRAA, P.L. 110-84.) CRS-39 Current Law Senate-Passed (S. 1642) House-Passed (H.R. 4137) Endowment Challenge Grants for Institutions Eligible Under Part A or Part B. The purposes of the endowment challenge grants Retains current law. Increases the maximum grant amount to $1.0 are to either establish or increase endowments, million and increases the minimum grant amount and to increase independence and to $500,000. self-sufficiency. Grants cannot exceed $500,000 and the minimum grant is $50,000. Programs in STEM Fields. No similar provision. No similar provision. Creates new program, YES Partnership Grant program, that provides support to eligible partnerships to support minority youth engagement in science, technology, engineering and mathematics, through out-reach and hands-on experiential learning. Partnership must include at least one IHE eligible for assistance under Title III or V; at least one high need LEA; and at least two community organizations. Minimum grant would be $500,000. CRS-40 Current Law Senate-Passed (S. 1642) House-Passed (H.R. 4137) Waiver Authority. No similar provision. No similar provision. Allows the Secretary to waive select requirements for IHEs affected by a Gulf Hurricane disaster. Specifically the Secretary shall waive the following for each FY2009 through 2013: ! data requirements for eligibility under section 312(b); ! wait-out period for Part A grants; ! allotment requirements for Part B; and ! the use of the funding formula for the HBCU graduate and professional institutions. CRS-41 Current Law Senate-Passed (S. 1642) House-Passed (H.R. 4137) Title IV: Student Assistance. Federal Pell Grants. The tuition sensitivity provision as previously Includes provision to eliminate tuition sensitivity. No similar provision. implemented, reduced the amount of the Pell award for a small number of low-income students attending IHEs with very low tuition charges. (Note: This provision was eliminated by the College Cost Reduction and Access Act, P.L. 110-84.) Program authority expires in FY2017. The most The program authority for Pell is extended to Similar to Senate provision except that the recent authorized maximum Pell Grant (Pell) 2013. The authorized maximum Pell award is as authorized maximum Pell award is $9,000 for award is $5,800 for academic year 2003-2004. follows: $5,400 for academic year 2008-2009; each of the academic years. $5,700 for 2009-2010; $6,000 for 2010-2011; and (Note: The program's authority was extended by $6,300 for 2011-2012. the College Cost Reduction and Access Act, P.L. 110-84.) Minimum authorized Pell award is $400. Changes the minimum Pell award to 10% of the No similar provision. appropriated maximum Pell award, unless a recipient qualifies for an award between 5% and 10% in which case recipient would receive 10%. No similar provision. Provides up to two Pell Grant awards in a single Similar to Senate provision except the House academic year for students who enroll at least provision does not specify that a student must be half-time in a four-year or two-year institution. enrolled at least half-time. No similar provision. Limits Pell receipt to 18 semesters or equivalent No similar provision. determined by the Secretary. Limit is determined without regard for attendance status (full-time or part-time) and would include time prior to the date of enactment. CRS-42 Current Law Senate-Passed (S. 1642) House-Passed (H.R. 4137) No similar provision. No similar provision. Sets Expected Family Contribution (EFC) automatically to $0 for dependents whose parent or guardian was killed in military service in Iraq or Afghanistan. No similar provision. No similar provision. Individuals who are involuntarily subjected to civil commitment upon completion of incarceration for forcible or non-forcible sexual offenses are ineligible for a Pell Grant. Academic Competitiveness (AC) and Science Mathematics Access to Retain Talent (SMART) Grants. Secretary is authorized to award grants to Pell- Removes the term "academic" from all references Similar to Senate provision. eligible U.S. citizens, who are enrolled full-time to year of study in the AC and SMART grant in an undergraduate program. First and second program provisions. Extends eligibility to eligible year undergraduates receive an AC grant and non-citizens and those enrolled on at least a half- students in their third or fourth year receive a time basis. SMART grant. First-year students who were previously enrolled Retains current law. Extends eligibility to students who were in an undergraduate program are ineligible for previously enrolled in a program of AC or SMART. undergraduate education as a part of their secondary education. No similar provision. Extends eligibility to students enrolled in No similar provision. certificate programs lasting at least one year (AC grant) or lasting at least two years (SMART grant). No similar provision. Extends eligibility for SMART grants to students Same as Senate provision. studying qualified subjects who are enrolled in IHEs that do not permit declaration of a major. No similar provision. Extends a fifth year of eligibility for SMART No similar provision. grants to students in programs that require five full years of course work. CRS-43 Current Law Senate-Passed (S. 1642) House-Passed (H.R. 4137) No similar provision. Requires that IHEs make payments for AC and No similar provision. SMART grants in the same manner as Pell . Rigorous curriculum must be established by a Retains current law. Requires that the rigorous curriculum must State or LEA and recognized by the Secretary. prepare students for college and work beyond the basic graduation requirements, and that it is recognized by the designated State official. Also, states that for private school or home school, the designated school official must recognize the curriculum and that it must be consistent with State law. Any foreign language that the Secretary, in Removes the requirement that the foreign Same as Senate provision. consultation with the Director of National language must be approved by the Secretary and Intelligence, determines is critical to the national the Director of National Intelligence, and states security of the U.S., is an acceptable major for that the foreign language must be critical. the SMART program. Federal TRIO Programs. Authorizes the Secretary to award grants for the Extends the grant period to five years and Same as Senate provision except the House also following TRIO programs: Talent Search, increases the minimum grant amount to $200,000 synchronizes Trio award cycles and requires that Upward Bound, Student Support Services, for all programs except the staff development the Secretary consider participant need in making McNair Postbaccalaureate Achievement, and grants, which has a minimum of $170,000. awards. Educational Opportunity Centers for a four-year period with a minimum grant amount between $170,000 and $190,000. No similar provision. Requires the Secretary to establish outcome Same as Senate provision except the House criteria for measuring the quality and effectiveness further requires the Secretary to allow rejected of the TRIO programs. Outcome criteria must be applicants the opportunity to appeal the funding disaggregated by the following categories: low- decision. income, first generation, and individuals with disabilities. Further requires that programs be assessed on how they meet or exceed their objectives as measured against an eligible entity's stated target outcomes. CRS-44 Current Law Senate-Passed (S. 1642) House-Passed (H.R. 4137) Authorizes numerous permissible services for Creates a new set of required services (in addition Amends permissible services to include activities TRIO programs, including assistance with to other permissible services) for each of the TRIO specifically designed for "groups of persons from academic matters, applications for college programs that includes assistance with academic disadvantaged backgrounds that have particular admission, financial aid, and personal and career matters, applications for college admission, lower educational access or outcomes." counseling. financial aid, and financial literacy. No similar provision. Establishes priority for Upward Bound projects Requires Secretary to cease implementation or that include at least 30% of first-time students enforcement of the absolute priority for Upward who have a high risk of academic failure. Bound participant selection (the absolute priority Prohibits the Secretary from denying participation gave preference to projects with at least 30% of in Upward Bound to a student who enters the first-time students who have a high risk of program for the first time after the ninth grade. academic failure and limited initial program enrollment to 9th and 10th graders) and evaluation published in Federal Register on September 22, 2006. Further prevents the Secretary from recompeting awards that were granted under absolute priority. CRS-45 Current Law Senate-Passed (S. 1642) House-Passed (H.R. 4137) Secretary is authorized to award contracts to Requires the Secretary to submit an annual report Similar to Senate provision except the House evaluate the effectiveness of the TRIO programs on the program's delivery of services, specifies that the Secretary shall consider the and disseminate the results of these evaluations. participating students' secondary and burden placed on the program participants and postsecondary school enrollment and completion, approval by the IHE's approval board when and academic performance. The report must designing the evaluation. include the following: ! Disaggregated data by individual Also modifies evaluation requirements, including project performance, including a prohibition against requiring grantees to recruit descriptive, longitudinal, and students to serve as an evaluation control group. multi-cohort information, and be comparable to the national population of low-income, first generation students and students with disabilities. ! National performance data with the primary purpose of identifying and highlighting best practices for increasing college access and persistence through implementation of the programs. Secretary prohibited from requiring an eligible TRIO grant applicant to recruit students to serve as a control group in an evaluation. However, the Secretary is allowed to give priority to entities that voluntarily elect to participate in an evaluation using a control group. Gaining Early Awareness and Readiness for Undergraduate Programs (GEAR UP). The Secretary is required to give priority to Eliminates this priority. Changes priority to include all entities that eligible entities that previously carried out GEAR carried out GEAR UP programs prior to the date UP programs prior to the Higher Education of enactment. Amendments of 1998. CRS-46 Current Law Senate-Passed (S. 1642) House-Passed (H.R. 4137) Requires the Secretary to allocate at least 33% of Eliminates this requirement and requires the Retains current law. available funds for both State and Partnership Secretary to consider the geographic distribution grants. and the distribution of awards between urban and rural applicants. Limits the amount of funds that State and Applies this limitation only to State grantees. Also Retains current law. Partnership grantees can use for early gives the Secretary authority to allow State intervention to not less than 25% and not more grantees to exceed the 50% use of funds for early than 50% of the amount available for distribution. intervention. No similar provision. Grantees must ensure that grants will be used to No similar provision. supplement and not supplant federal, state and other local funds used for similar activities and programming. Eligible entities must submit a plan to the Specifies that the contents of an application must Retains current law. Secretary which contains a description of "the include a description of how the entity meets the activities for which assistance is sought" and scholarship requirements, a demonstration of "provides such additional assurances as the adequate staffing for coordinating activities, an Secretary determines necessary." assurance that activities would not displace employees or eliminate positions at schools, a description of how the entity defines the targeted cohort and serves the cohort through grade 12, and a description of program coordination with existing federal, state, and local projects. Requires State grantees to establish and maintain Requires grantees to notify students of the Sets the scholarship amount to be at least equal to a scholarship component that provides students eligibility requirements to receive a scholarship the minimum Pell grant. with funds equal to 75% of the state's COA or and to create or organize a trust for each cohort of the maximum Pell award. students. No similar provision. No similar provision. Requires that grantees provide continuous services through the first year at an IHE. CRS-47 Current Law Senate-Passed (S. 1642) House-Passed (H.R. 4137) Eligible entities must match not less than 50% of No similar provision. Authorizes grantees and applicants to request a the cost of the program, with state, local , and reduction of the matching percentage requirement institutional funds. if they can demonstrate a change in circumstances. No similar provision. No similar provision. Encourages IHEs to provide student aid to participants in their first year at an IHE by treating every non-federal dollar as two dollars for the purpose of satisfying the matching requirement. Academic Achievement Incentive Scholarships. Scholarships to students during the first two Retains current law. Repeals provision. academic years of undergraduate education. Students must be Pell-eligible and have graduated in the top 10% of their secondary school graduating class. Federal Supplemental Educational Opportunity Grants (FSEOG). The Secretary is authorized to allocate up to 10% Removes this provision. Retains current law. of the amount appropriated for programs authorized under Title IV, Part A when the appropriation exceeds $700 million, among IHEs from which 50% or more Pell recipients either graduate or transfer to four-year IHEs. The allowance for books and supplies used in Increases the allowance for books and supplies to Same as Senate provision. calculating each IHE's average COA for $600. purposes of allocating funds to IHEs according to "fair share" allocation procedures is $450. CRS-48 Current Law Senate-Passed (S. 1642) House-Passed (H.R. 4137) Leveraging Educational Assistance Partnership (LEAP) Program. Grants to students may not exceed $5,000 per Increases maximum grant per academic year to the Similar to Senate provision except no reference academic year. lesser of $12,500 or the student's COA. to COA. The funding for Special Leveraging Educational Replaces SLEAP with "Grants for Access and Similar to Senate provision, except the federal Assistance Partnership (SLEAP) is authorized Persistence" program. share of funds is 57% for states that apply in from amounts appropriated for LEAP that are in partnership with IHEs whose combined excess of $30 million. Authorized activities include partnerships with enrollment represents less than half of all IHEs, private corporations, philanthropic students enrolled in the state; and 66.6% for State SLEAP programs may consist of the organizations, and other entities to coordinate states that apply in partnership with IHEs whose following activities: increasing the dollar amount financial assistance to low-income students; combined enrollment represents more than half of of grants under the LEAP program; carrying out encouraging the participation of low-income all students enrolled in the state. transition programs from secondary school to students in early information and intervention postsecondary education for needy students; mentoring, or outreach programs. carrying out early intervention, mentoring, and career education programs; and awarding merit or States must apply in partnership with private academic scholarships to needy students. The corporations or philanthropic organizations, and federal share of funds may not exceed 33a% and IHEs. states must meet MOE requirements. The federal share of funds is 50% for states that apply in partnership with IHEs whose combined enrollment represents less than half of all students enrolled in the state; and 57% for states that apply in partnership with IHEs whose combined enrollment represents more than half of all students enrolled in the state. CRS-49 Current Law Senate-Passed (S. 1642) House-Passed (H.R. 4137) Special Programs for Students Whose Families Are Engaged in Migrant and Seasonal Farmwork. Under the High School Equivalency Program Changes provision to include immediate family Similar to Senate provision. (HEP) and the College Assistance Migrant who have spent a minimum of 75 days during the Program (CAMP), recruitment services may be past 24 months in migrant or seasonal farmwork. used to reach individuals who have themselves or whose parents have spent a minimum of 75 days during the past 24 months in migrant or seasonal farmwork. CAMP grant recipients must provide followup Adds requirements that grant recipients must Similar to Senate provision. services for migrant students after they complete coordinate services with non-program services and their first year of college. aid provided by community based organizations, and that grant recipients must encourage students to transfer from two-year IHEs to four-year IHEs and monitor transfer rates. The minimum grant amount for HEP or CAMP is Increases minimum grant amount for both Similar to Senate provision. $150,000. programs to $180,000. No similar provision. Allows the Secretary to retain up to ˝ of 1% of Similar to Senate provision, but also requires the funds appropriated for HEP and CAMP for Secretary to make available at least 45% of the outreach activities, technical assistance, and remaining funds for HEP grants and at least 45% professional development programs. of the remaining funds for CAMP grants. Any funds remaining after the aforementioned reservation and allocations must be used to make HEP or CAMP grants based on the number, quality, and promise of the applications. Requires the National Center for Education Specifies that data must be collected and the Similar to Senate provision. Statistics to collect postsecondary education data specific data that must be collected. Also requires on migrant students. the Secretary to submit a report to Congress at least once every two years. CRS-50 Current Law Senate-Passed (S. 1642) House-Passed (H.R. 4137) Robert C. Byrd Honors Scholarship Program. Four-year, merit-based scholarships are awarded Expands eligibility to include home-schooled Redesignates program as "Robert C. Byrd by the state, to high school students who students. Mathematics and Science Honors Scholarship demonstrate academic achievement and show Program" and changes eligibility criteria to promise of continued achievement. students studying for baccalaureate and graduate degrees in physical, life, or computer sciences; mathematics; or engineering. Establishes a nonprofit organization as a managing agent of the program. Extends award eligibility (subject to satisfactory academic progress and program length) from four to five years. Mandates that students who do not complete their degree program or who do not work in a related field for five years must repay the award to the managing agent. CRS-51 Current Law Senate-Passed (S. 1642) House-Passed (H.R. 4137) Mathematics and Science Incentive Program. No similar provision. No similar provision. Establishes a new Mathematics and Science Incentive program, under which the Secretary will pay up to $5,000 in interest on FFEL and DL program loans for new borrowers who agree to serve for 5 consecutive years as highly qualified teachers of science, technology, engineering, or mathematics in high need LEAs; or as mathematics, science, or engineering professionals. Foreign Language Partnerships. No similar provision. No similar provision. Establishes the Foreign Language Partnership program which authorizes the Secretary to award competitive grants to IHEs in partnership with one or more LEAs to establish teacher preparation programs in critical foreign languages. Funds are to be used to recruit teachers and provide learning opportunities for students. Grantees must fulfill a 100% non- federal matching requirement. CRS-52 Current Law Senate-Passed (S. 1642) House-Passed (H.R. 4137) Adjunct Teacher Corps. No similar provision. No similar provision. Establishes an Adjunct Teacher Corps program which authorizes the Secretary to award competitive grants to an LEA or an LEA in partnership with a public or private educational organization or business to create teaching opportunities for mid-career professionals with expertise in math, science, and critical foreign languages. Funds are to be used to identify, recruit, and train such professionals to become teachers. Child Care Access Means Parents in School. The Secretary is authorized to provide grants to Specifies a minimum grant award of $30,000 Raises minimum grant to $30,000. Lowers total assist IHEs in providing campus-based child care when the appropriation exceeds $20 million. level of Pell funds to $250,000 for IHE services to low-income students. An IHE is Also, expands definition of a low-income students eligibility. Expands definition of low-income eligible for a grant if the total amount of Pell to include those who would be eligible for Pell but students to include those "whose income qualifies funds awarded to students enrolled at the IHE for enrollment in graduate level programs or for for eligibility for Pell." equals or exceeds $350,000. The minimum grant temporary U.S. status. is $10,000. Learning Anytime Anywhere Partnerships. The Secretary is authorized to make grants to Program is repealed. Same as Senate provision. partnerships to enhance the delivery and quality of career-oriented lifelong learning through technology. CRS-53 Current Law Senate-Passed (S. 1642) House-Passed (H.R. 4137) Teacher Education Assistance for College and Higher Education (TEACH) Grants. The Secretary is authorized to disperse grants to No similar provision. Makes technical amendments and requires the IHEs or directly to eligible teacher candidates. Secretary to (1) provide applicants with a plain- Grant converts to loan if recipient does not fulfill language disclosure form that describes the agreement to teach full-time in a high-need field TEACH Grant award, the service obligation, and for four years. the loan repayment requirements, and (2) conduct an evaluation of the program. (Note: This program was added by the CCRAA, P.L. 110-84.) Federal Family Education Loan (FFEL) Program and William D. Ford Direct Loan (DL) Program. Authority to make subsidized loans expires Retains current law. Extends authority to make subsidized FFEL loans September 30, 2012; except for new loans to through September 30, 2013; except for new existing borrowers, in which case authority loans to existing borrowers, in which case expires September 20, 2016. authority is extended through September 20, 2017. Authority to make Consolidation Loans expires Retains current law. Extends authority to make FFEL Consolidation September 30, 2012. Loans through September 30, 2013. Funds are authorized for administrative costs for Retains current law. Extends authorization for administrative costs for the FFEL and DL programs through FY2011. the FFEL and DL programs through FY2013. No similar provision. No similar provision. Requires FFEL lenders, secondary markets, holders, and guaranty agencies, if requested by an IHE or third party servicer working for the IHE to prevent defaults, to provide to the requestor, free of charge, any student loan information maintained by the entity pertaining to Title IV loans made to a borrower. Requires safeguarding of student loan information; and restricts the use and sharing of such information by third party servicers. CRS-54 Current Law Senate-Passed (S. 1642) House-Passed (H.R. 4137) No similar provision. Requires FFEL lenders to provide borrowers of No similar provision. unsubsidized Stafford loans who are eligible for a deferment with information on how the (Note: A fairly comparable provision is included capitalization of interest may impact the total in "Requirements for Lenders and Institutions amount to be repaid. Participating in Educational Loan Arrangements" under Title I of this table.) Certain restrictions on inducements, mailings, Revises restrictions on inducement, payments, Retains current law. and advertising apply to FFEL guaranty agencies. mailings, and advertising by guaranty agencies to include other items, such as stock or other securities, prizes, travel, entertainment expenses, and tuition payment. Revises the prohibition on unsolicited mailings to apply to mailings by postal or electronic means. Prohibits guaranty agencies from performing or paying another person to perform any function the IHE is required to perform under Title IV, Parts B, D, or G. FFEL guaranty agreements must contain certain Adds requirement for lenders to provide borrowers Retains current law. provisions regarding the form of forbearance with specific information when granting granted by lenders. forbearance, including information about the impact of the capitalization of interest; and, at least once every 180 days, information on the accrual of interest. Certain requirements apply to agreements with Requires lenders to disclose in a clear and Similar to Senate provision except House lenders regarding consolidation loans. conspicuous manner, information on any loan provision limits applicability to loans made under benefits that would be lost by borrowers who Title IV, Part E. consolidate loans that were made under Title IV, Parts B, D, or E. CRS-55 Current Law Senate-Passed (S. 1642) House-Passed (H.R. 4137) The Secretary may enter into a voluntary flexible Retains current law. Requires the Secretary, in consultation with agreement with a guaranty agency under HEA, § guaranty agencies participating in voluntary 428A in lieu of agreements under § 428(a)&(c), flexible agreements, to annually report to the and under which the Secretary may waive or authorizing committees on program outcomes modify certain requirements. that voluntary flexible agreements have had with respect to program integrity; program and cost efficiencies; delinquency prevention; default aversion; consumer education programs; and the availability and delivery of student financial aid. Repayment of a PLUS Loan commences not later Retains current law. Specifies that repayment of a PLUS Loan to a than 60 days after the date of disbursement, parent borrower commences not later than 60 subject to deferment periods for which a parent or days after disbursement; and that repayment of a student borrower may be eligible. PLUS Loan to a graduate or professional student commences six months and one day after the borrower ceases to carry at least one-half a full-time academic workload. A special rule provides authority for single Retains current law. Amends the special rule providing authority for disbursement of student loans in certain single disbursement of student loans in certain circumstances in which IHEs have had a cohort circumstances in which IHEs have had a cohort default rate of 10% or less for the 3 most recent default rate of 10% or less for the 3 most recent fiscal years. fiscal years, by substituting 15% for 10%, beginning October 1, 2011. An exemption to the provision prohibiting the Amends the exemption to the provision first installment of student loans to first year prohibiting the first installment of student loans undergraduates until 30 days after the beginning from being disbursed to first year undergraduate of their program of study is available to IHEs students until 30 days after the beginning of their with cohort default rates of less than 10% for the program of study, by substituting 15% for 10%, 3 most recent fiscal years. beginning Oct. 1, 2011. The Secretary, guaranty agencies, lenders, and Replaces "credit bureaus" with "consumer Retains current law. subsequent loan holders are required to enter into reporting agencies;" and requires reporting of the agreements with credit bureaus to exchange type of loan, the repayment status of the loan, and information concerning student borrowers. any other information required by federal law. CRS-56 Current Law Senate-Passed (S. 1642) House-Passed (H.R. 4137) The Secretary's financial transactions and the Retains current law. Prohibits the Secretary from entering into any settlement of claims approved by the Secretary settlement agreement of any claim that exceeds are final. $1 million, unless the Secretary has asked for a review and opinion by the Attorney General. Eligible FFEL lenders are required to disclose In addition to existing requirements, permits Retains current law. certain information to borrowers regarding the eligible lenders subject to Title V-A of the terms and conditions of their loans. Gramm-Leach-Bliley Act to only use, release, disclose, sell, transfer, or give student information (e.g., name, address, social security number, or amount borrowed) as permitted by that subtitle. Eligible FFEL lenders are required to disclose Requires eligible lenders, loan holders, and Retains current law. certain information to borrowers regarding the servicers to provide borrowers with certain terms and conditions of their loans. information on borrower benefits they offer, such as interest rate reductions and any limitations on such benefits. No similar provision. Requires FFEL guaranty agencies working with Same as Senate provision, but also requires IHEs they serve; and the Secretary working with guaranty agencies to develop specific programs IHEs in the DL program, to develop programs and designed to prevent delinquencies and avert materials for providing students with training on defaults. budgeting, financial management, debt management, and financial literacy. Such activities shall be considered default reduction activities for purposes of section 422. An IHE loses eligibility to participate in Title IV Retains current law. Amends the cohort default rate threshold programs if its cohort default rate is equal to or percentage at which IHEs lose eligibility under greater than 25% for three consecutive years. Title IV to 30% for FY2012 and after. CRS-57 Current Law Senate-Passed (S. 1642) House-Passed (H.R. 4137) No similar provision. No similar provision. Requires IHEs whose cohort default rate is greater than or equal to the threshold percentage (25% through FY2011; 30% thereafter) for any fiscal year to establish a default prevention task force to prepare a plan to reduce the IHEs cohort default rate. Requires IHEs whose cohort default rate is greater than or equal to the threshold percentage for 2 consecutive fiscal years to have their default prevention task force review and revise their default reduction plan, and to submit the revised plan to the Secretary for review. Generally, an eligible lender is defined as a Revises restrictions on inducement, payments, Revises the definition of "eligible lender" to national or state chartered bank, a mutual savings mailings, and advertising by eligible lenders to include national and state chartered banks with bank, a savings and loan association, a stock address other items, such as payments for assets of less than $1 billion. savings bank, or a credit union. referrals, finder fees, prizes, stock or other securities, travel, entertainment expenses, tuition A lender can be disqualified for various reasons, payment, and additional financial aid funds. including offering, directly or indirectly, points, Expands the prohibition on unsolicited mailings to premiums, payments, or other inducements, to apply to mailings by postal or electronic means. any IHE or other party to secure applicants for FFEL loans. Prohibits eligible lenders from entering into consulting arrangements or other contracts with employees of IHEs' financial aid offices; and from performing any function the IHE is required to perform under HEA, Parts B, D, or G. Restricts compensation provided by lenders to students and employees of IHEs' financial aid offices. IHEs may be eligible lenders; and eligible lenders Terminates this authority on June 30, 2012. Retains current law. may serve as trustees for IHEs. CRS-58 Current Law Senate-Passed (S. 1642) House-Passed (H.R. 4137) ! Cohort default rates are Retains current law. Revises calculation of cohort default rate, calculated on the basis of effective FY2008, to be calculated on the basis borrowers who default on their of borrowers who default on their loans before loans by the end of the first the end of the second fiscal year after the fiscal fiscal year after they enter year in which they enter repayment. repayment. ! The Secretary is required to Similar to current law except the Secretary must annually publish cohort default also publish "life of cohort default rate" data, rate data for categories of IHEs. which show the percentage of borrowers who default on their loans before the end of each succeeding fiscal year. FFEL and DL loans borrowers who die or Specifies that in addition to FFEL and DL loans Specifies that FFEL and DL borrowers who become permanently and totally disabled (as being discharged in the case of a student who dies receive a permanent total disability rating from determined in accordance with regulations) may or becomes permanently and totally disabled, such the Secretary of Veterans Affairs, and provide have their loans discharged. loans will also be discharged in the case of a such documentation to the Secretary, shall be student borrower who is unable to engage in any considered permanently and totally disabled for substantial gainful activity by reason of any the discharge of student loans, and shall not be medically determinable physical or mental required to present additional documentation. impairment that can be expected to result in death, and has lasted or can be expected to last at least 60 months. CRS-59 Current Law Senate-Passed (S. 1642) House-Passed (H.R. 4137) No similar provision. No similar provision. Establishes a Loan Forgiveness for Service in Areas of National Need program, and authorizes the Secretary to forgive up to $2,000 in FFEL or DL student loan debt (other than PLUS Loans borrowed on behalf of a dependent student), per year of full-time employment in an area of national need, with a maximum of $10,000 over five years of service. Areas of national need include early childhood educators; nurses; foreign language specialists; librarians; highly qualified teachers; child welfare workers; speech-language pathologists; national service participants; school counselors; certain public sector employees; nutrition professionals; medical specialists; physical therapists; and superintendents, principals, and other (school) administrators. No similar provision. No similar provision. Establishes a new Loan Forgiveness for Volunteer Mentoring program under which the Secretary shall forgive FFEL or DL student loan debt (other than parent PLUS Loans) in the amount of $10 per hour of mentoring, (with a maximum of $10,000 per borrower) for borrowers who attend a recognized community college and who commit to volunteering as a mentor of an at-risk child for a period of at least 1 school year. CRS-60 Current Law Senate-Passed (S. 1642) House-Passed (H.R. 4137) No similar provision. Establishes a Loan Repayment for Civil Legal Similar to Senate provision. Assistance Attorneys, under which the Secretary would assume the obligation to repay loans made under Title IV, Parts B, D, or E, for borrowers employed full-time, for not less than three years, as civil legal assistance attorney. The Secretary may repay up to $6,000 per year; with an aggregate total of $40,000. No similar provision. No similar provision. Provides that interest shall not accrue on DL program loans that are disbursed on or after October 1, 2008, for borrowers serving on active duty or performing qualifying National Guard duty during a war or other military operation or national emergency; and for borrowers serving in an area of hostilities qualifying for special pay. No similar provision. No similar provision. Requires a financial and compliance audit of all DL program loans owned by ED; and all contracts pertaining to the DL program. Requires the Secretary to make available annual budget justifications and quarterly reports pertaining to the administration of the DL program. Requires the Secretary to report annually to Congress on the impact of the DL program on the national debt. No similar provision. No similar provision. Requires the Secretary and the Secretary of the Treasury to conduct a joint evaluation of the Competitive Loan Auction Pilot program; and to submit reports to the authorizing committees. CRS-61 Current Law Senate-Passed (S. 1642) House-Passed (H.R. 4137) Federal Work-Study (FWS) Programs. The allowance for books and supplies used in Increases the allowance for books and supplies to Similar to Senate provision. calculating each IHE's average COA for the $600. purpose of allocating funds according to the "fair share" allocation procedures is $450. IHEs must use at least 7% of their FWS Revises the criteria upon which the Secretary may Revises the definition of "community services" to allocation to compensate students employed in grant a waiver, such that waivers may be granted include "responding to the needs of the community service; and must operate at least one if enforcement would cause hardship for students community, which may include activities in tutoring or family literacy project. These at the IHE; or if the IHE certifies that 15% or preparation for and during emergencies and requirements may be waived if the Secretary more of its full-time students participate in natural disasters." determines that enforcement would cause specified community service or tutoring and hardship for students at the IHE. literacy activities. Requires IHEs to operate at least 1 civic education and participation project in meeting its requirement to use at least 7% of their FWS allocation to compensate students employed in community service. No similar provision. No similar provision. Establishes a new Off-Campus Community Service Grant program under which the Secretary may award grants to IHEs to recruit and compensate students for off-campus community service employment. No similar provision. No similar provision. Authorizes the Secretary to award grants to IHEs to recruit and compensate students for off- campus community service employment, with priority for the support of early childhood education activities, and activities in preparation for and during emergencies and natural disasters. IHEs may use not more than 10% or $50,000 of Permits IHEs to use not more than 10% or Retains current law. their FWS allocations for job location and $75,000 of their FWS allocations for job location development programs. and development programs. CRS-62 Current Law Senate-Passed (S. 1642) House-Passed (H.R. 4137) Certain requirements apply to "work-learning" Revises requirements applicable to work colleges, Similar to Senate provision. programs operated by work colleges. including: ! referring to programs as "comprehensive work-learning- service programs;" ! limiting eligibility to public or private four-year, degree- granting IHEs; and ! requiring resident students to participate in comprehensive work-learning-service programs for not less than 5 hours per week, or 80 hours per period of enrollment. Federal Perkins Loans. The allowance for books and supplies used in Increases the allowance for books and supplies to Similar to Senate provision. calculating each IHE's average COA for the $600. purpose of allocating funds according to the "fair share" allocation procedures is $450. CRS-63 Current Law Senate-Passed (S. 1642) House-Passed (H.R. 4137) According to agreements with IHEs for the Retains current law. Provides that if an IHE has not knowingly failed payment of federal capital contributions, if an to maintain an acceptable collection record with IHE has not knowingly failed to maintain an respect to a defaulted Perkins Loan, the Secretary acceptable collection record with respect to a may allow the IHE to refer the loan to the defaulted loan, the Secretary may allow the IHE Secretary, without recompense, except that the to amount collected (less collection costs) shall be ! transfer the loan to the Secretary repaid to the referring IHE within 180 days of for collection and the proceeds collection and shall be treated as an additional (less collection costs) may be federal capital contribution. reallocated to other IHEs, or ! refer the loan to the Secretary Limits the authority of the Secretary to require for collection and the proceeds the mandatory assignment of Perkins Loans. (less collection costs) shall be repaid to the IHE and treated as an additional capital contribution. Perkins Loan limits are Retains current law. Increases loan limits to ! $4,000 per year for ! $5,500 per year for undergraduate students; and undergraduate students; and $6,000 per year for graduate and $8,000 per year for graduate and professional students. professional students. ! $20,000 aggregate for ! $27,500 aggregate for undergraduate students who undergraduate students who have completed two years of have completed two years of study; $40,000 aggregate for study; $60,000 aggregate for graduate and professional graduate and professional students; and $8,000 aggregate students; and $11,000 aggregate for all other students. for all other students. Perkins Loan borrowers must request a Eliminates this provision. Same as Senate provision. forbearance in writing. Perkins Loan borrowers may rehabilitate a Retains current law. Reduces the amount of time to 9 on-time, defaulted loan by making 12 on-time, consecutive, monthly payments. consecutive, monthly payments. CRS-64 Current Law Senate-Passed (S. 1642) House-Passed (H.R. 4137) Perkins Loans may be cancelled for employment Expands occupations for which Perkins Loans Similar to Senate provision, except loan in certain types of public service jobs. may be cancelled at the rate of 15% per year of cancellation at the rate at the rate of 15% for the service to include first and second years of service; 20% for the ! full-time staff member in a pre- third and fourth years of service; and 30% for the kindergarten or child care fifth year of service is also provided to full-time program that is licensed or fire fighters. regulated by the state. Expands occupations for which Perkins Loans may be cancelled at the rate at the rate of 15% for the first and second years of service; 20% for the third and fourth years of service; and 30% for the fifth year of service to include ! full-time faculty member at a TCU; ! librarian with a master's degree in library science, and employed in a school served under Title I of the ESEA, or a public library serving a Title I school; and ! full-time speech language therapist with a master's degree working exclusively in Title I schools; and ! service as a member of the armed forces in an area of hostility (currently 12˝% per year for up to four years). CRS-65 Current Law Senate-Passed (S. 1642) House-Passed (H.R. 4137) Perkins Loans borrowers who die or become Specifies that in addition to Perkins loans being Specifies that borrowers who receive a permanent permanently and totally disabled (as determined discharged in the case of a student who dies or total disability rating from the Secretary of in accordance with regulations) may have their becomes permanently and totally disabled, such Veterans Affairs, and who provide such loans discharged. loans will also be discharged in the case of a documentation to the Secretary, shall be student borrower who is unable to engage in any considered permanently and totally disabled for substantial gainful activity by reason of any the discharge of student loans; and that such medically determinable physical or mental borrowers shall not be required to present impairment that can be expected to result in death, additional documentation. and has lasted or can be expected to last at least 60 months. Need Analysis: Cost of attendance. Defines an allowance for room and board costs Expands definition to include a room and board Same as Senate provision. incurred by a student without dependents who allowance for students who live in housing located resides at home and for students who live on- on a military base or who receive a basic campus in institutionally owned and operated allowance for housing. The allowance would be housing. based on the reasonable expenses incurred solely for board, not for room. Need Analysis: Definitions. Untaxed Income and Benefits: The term untaxed Excludes the value of military housing or a Same as Senate provision. income and benefits means, "... housing, food, military housing allowance received by a student and other allowances for military, clergy, and or his/her parent, from consideration as untaxed others." income or benefits in the need analysis formula. Total income is equal to adjusted gross income Retains current law. Specifies that the term "total income" with plus untaxed income and benefits for the respect to dislocated workers is equal to preceding tax year minus excludable income. estimated untaxed income and benefits for the current tax year minus estimated excludable income for the current year. CRS-66 Current Law Senate-Passed (S. 1642) House-Passed (H.R. 4137) Definition of an Academic Year. On a case-by-case basis, the Secretary may Clarifies that the Secretary may only reduce the No similar provision. reduce the minimum number of weeks of number of weeks of instruction for programs that instruction in an academic year from 30 weeks to measure program length in credit hours or clock 26 weeks, for good cause, for IHEs providing a hours. The Secretary may not waive the two-year or four-year program of instruction for requirement for IHEs that solely measure student which the institution awards an associate's or learning based on direct assessment. bachelor's degree. Compliance Calendar. No similar provision. Requires the Secretary prior to the beginning of Similar to Senate provision. each award year, to provide IHEs with a list of all reports and disclosures required under the HEA, including the date each report or disclosure is due, required recipients of each report or disclosure, the required content of each report or disclosure, references to statutory authority, and applicable regulations. Forms and Regulations. No similar provision. Requires the Secretary to develop an EZ-Free Similar to Senate provision except the House Application for Federal Student Aid (FAFSA) for provision would apply to individuals who are individuals eligible for automatic-zero expected eligible for auto-zero EFC and simplified needs family contribution (auto-zero EFC). The form test (SNT). shall only contain elements necessary to determine student eligibility for federal student aid and if the applicant is eligible for auto-zero EFC. Secretary shall include state specific data on the EZ-FAFSA, if state allows residents to use EZ-FAFSA to apply for state aid. CRS-67 Current Law Senate-Passed (S. 1642) House-Passed (H.R. 4137) No similar provision. Develops a simplified electronic form for Same as Senate provision. auto-zero EFC and SNT-eligible applicants. Secretary shall only include state specific data on the simplified electronic version if State allows residents to use simplified version to apply for state aid. No similar provision. The Secretary shall phase-out printing the full Similar to Senate provision except House does paper FAFSA at such time as he/she determines it not include a provision for phasing out printing is not cost effective to print the full version. Prior the full paper FAFSA. to the phase-out and after, the Secretary shall maintain a paper form on the Internet. Any savings produced shall be used to help to improve access to electronic forms for students who qualify for auto-zero EFC. No similar provision. The Secretary shall encourage states to utilize the Same as Senate provision. simplified forms to award state aid. States that do not permit the use of the forms must inform the Secretary of the reason(s) for not allowing. If state fails to inform the Secretary, Secretary can allow applicants from that state to complete the simplified application and not answer the state-specific questions. No similar provision. Within 180 days of the date of enactment, the No similar provision. Secretary shall implement a real-time data match between the Social Security Administration and ED to minimize the time required to receive a personal identification number. No similar provision. The Secretary shall determine, in cooperation with No similar provision. the states, IHEs and organizations involved in student financial assistance, the data elements that can be updated from the previous year's FAFSA. CRS-68 Current Law Senate-Passed (S. 1642) House-Passed (H.R. 4137) No similar provision. Applicants can complete FAFSA in the years prior Same as Senate provision. to enrolling in postsecondary education to obtain a non-binding expected family contribution (EFC). No similar provision. The Secretary is authorized to include space for No similar provision. parent's social security number and date of birth on the FAFSA. No similar provision. Any entity that provides any value-added service Similar to Senate provision except the House such as completion or submission of the FAFSA does not specify that entities cannot charge shall provide a clear and conspicuous notice that recipients who qualify for SNT or auto-zero EFC. the FAFSA is free; can be completed without professional assistance; and provide a link to ED's website. Also, such entities cannot charge recipients who qualify for SNT or auto-zero EFC. No similar provision. The Secretary shall implement an early application Same as Senate provision. demonstration study program that enables dependent students to complete a FAFSA two years prior to enrollment in an IHE. The Secretary shall partner with states, IHEs and secondary schools. No similar provision. The Secretary shall evaluate the demonstration Similar to Senate provision. program to measure the program's benefits and adverse effects. The evaluation should: identify whether financial awards or estimates, as applicable, have a positive impact on the higher education aspirations and plans of the student; determine whether using income data from two years prior would impact the state's and IHEs ability to make financial aid awards and commitments; focus on simplifying the financial aid application process; and developing alternative approaches to calculating the EFC. CRS-69 Current Law Senate-Passed (S. 1642) House-Passed (H.R. 4137) No similar provision. Upon conclusion of the study the Secretary in joint Sense of the Congress that ED and the Secretary decision with the Secretary of the Treasury may of Treasury should work together to develop a use Internal Revenue Service (IRS) data to pre- process by which ED would be able to obtain populate the FAFSA if such use would not student's financial information from the IRS, negatively impact students, IHEs, states or the with the student's permission, to assist with federal government on each of the following completing the FAFSA. Secretary should also criteria: program costs; re-distributive effects on report to Congress within one year on the students; accuracy of aid determinations. Also progress of these efforts. should reduce burden to FAFSA filers. No similar provision. No similar provision. The Secretary shall prepare a report on the adequacy of the financial aid offer letters IHEs provide to students and their family. Included in the report should be a model form which includes COA, tuition and fees, books and supplies, amount of aid that does not have to be repaid, types and amounts of loans, etc. Student Eligibility. A student is considered to have satisfactorily Retains current law. Specifies that the student must successfully pass completed a drug rehabilitation program if it the two unannounced drug tests. includes two unannounced drug tests. No similar provision. No similar provision. Secretary shall require all IHEs to provide each student upon enrollment with a separate clear and conspicuous notice about the penalties associated with drug convictions. Students from the Republic of the Marshall Retains current law. Eliminates the exemption for students from the Islands (RMI), the Federated States of Republic of the Marshall Islands and the Micronesia (FSM), and the Republic of Palau Federated States of Micronesia. (Palau) do not have to provide their social security number when applying for federal student aid. CRS-70 Current Law Senate-Passed (S. 1642) House-Passed (H.R. 4137) Students who are citizens of RMI, FSM, and No similar provision. Specifies that this provision applies to students Palau shall be eligible for assistance under from Palau, and only for federal student aid under subparts 1 and 3 of part A and part C until Title IV subpart 1 of part A. The provision would September 30, 2004. expire September 30, 2009. (Note: The Compact of Free Association Amendments of 2003, P.L. 108-188 makes similar provisions for RMI and FSM until FY2023) A student who is not a high school graduate may Allows IHEs to determine that a student has the Retains current law. be eligible for federal student aid if it is ability to benefit from postsecondary education if determined that the student has the ability to the student satisfactorily completes six credit benefit from postsecondary education based on hours or the equivalent coursework applicable the student's score on a specific examination, by toward a degree or certificate offered by the IHE. meeting a state's standards for making this determination, or by completing secondary school through home schooling. A student enrolled in a course of instruction at an Changes the current law reference of Similar to Senate provision. IHE that is offered in whole or in part through "telecommunications" to "distance education" to telecommunications and leads to a recognized be consistent with the newly added definition of certificate or degree shall not be considered to be distance education and specifies that students enrolled in correspondence courses. enrolled in a course of instruction offered "principally through distance education" that leads to a recognized degree or certificate would not be considered to be enrolled in correspondence courses. CRS-71 Current Law Senate-Passed (S. 1642) House-Passed (H.R. 4137) No similar provision. Authorizes students with intellectual disabilities, Similar to Senate provision but limits who would not otherwise qualify, as eligible for participation to federal grant or work assistance federal grant or work assistance under subparts 1 under section 401 and subpart 3 of part A and and 3 of Part A and Part C of Title IV. part C of Title IV. Eliminates certain student eligibility requirements In addition to the exemptions in the Senate bill, to receive aid including being accepted for the House also exempts students who are not high enrollment in a program leading to a recognized school graduates. Requires the Secretary to issue credential and maintaining satisfactory academic regulations for programs enrolling students with progress. intellectual disabilities to enable the programs to be considered eligible programs for the purposes Intellectual disability defined as a person who: has of the aforementioned federal student aid a cognitive impairment that substantially affects programs even if they do not meet existing intellectual and cognitive functioning; is eligible program eligibility requirements for these aid for assistance under the Individuals with programs (e.g., instructional time requirements.) Disabilities and Education and Improvement Act (IDEA) and completed secondary school or who is no longer eligible for IDEA because of age; and is enrolled or accepted for enrollment in a comprehensive transition or postsecondary education program that meets requirements such as preparing students for gainful employment. CRS-72 Current Law Senate-Passed (S. 1642) House-Passed (H.R. 4137) Data Analysis on Access to Federal Student Aid for Certain Populations. No similar provision. No similar provision. Requires the Secretary in consultation with the Central Processing System, to analyze FAFSA data, specifically the number and characteristics of students who were denied federal student aid due to a drug conviction. Data are to be maintained annually, and updated at least once per year. Statute of Limitations and State Court Judgments. Certain provisions ensure that obligations to Protects IHEs that participate in the Perkins Loan Same as Senate provision except no provision for repay loans and grant overpayments are enforced. program against a defense raised by a borrower deceased students. For example, in collecting on a defaulted FFEL based on a claim of infancy. program loan, a guaranty agency or the Secretary shall not be subject to a defense raised by a In the case of a deceased student, neither the borrower based on a claim of infancy due to student's estate nor the student's estate shall be having borrowed a loan prior to reaching the age required to repay any Title IV aid, student loan of legal majority. interest, or collection costs. Institutional Refunds. If an IHE determines that a student did not begin Provides an IHE with the option of also Retains current law. the withdrawal process or failed to notify the determining that the HEA requirements related to institution of his/her intent to withdraw due to the return of Title IV funds do not apply to the student illness, accident, or other circumstances student. beyond the student's control, the IHE may determine the appropriate withdrawal date. CRS-73 Current Law Senate-Passed (S. 1642) House-Passed (H.R. 4137) Institutional and Financial Assistance Information for Students. Establishes requirements for information that Requires institutions to also disclose information Retains current law. must be disclosed to prospective and current about any plans the institution has for improving students upon request. its academic programs. No similar provision. Requires IHEs to make available to current and Similar to Senate provision. prospective students the institution's policies and sanctions related to copyright infringement. No similar provision. Requires IHEs to make available to current and No similar provision. prospective students, upon request, information on student body diversity, employment of graduates, types of graduate and professional education pursued by graduates of four-year degree programs, and student retention rates. No similar provision. No similar provision. Requires IHEs to make available to current and prospective students, upon request, their policies regarding meningococcal vaccinations. Requires IHEs to make available to current and Requires IHEs to disaggregate data by gender, No similar provision. prospective students, upon request, data on the race/ethnicity, receipt of Pell, receipt of specific completion or graduation rates of certificate or federal student loans, and receipt of other federal degree-seeking, full-time undergraduate students. aid. IHEs must provide exit counseling for borrowers, Adds additional requirements to be discussed Retains current law. which must include a discussion of the average through exit counseling, including loan anticipated monthly repayment amount, a review prepayment requirements, consequences of (Note: A fairly comparable provision, that would of repayment options, and information on partial default, information about loan consolidation, and apply to lenders rather than IHEs, is included in cancellations or deferment of repayments. Each information about the National Student Loan Data "Requirements for Lenders and Institutions institution must require students receiving Title System (NSLDS). Requires that the IHE provide Participating in Educational Loan Arrangements" IV loans to participate in an exit interview. the borrower with a "clear and conspicuous under Title I of this table.) notice" regarding the effects of using a consolidation loan. CRS-74 Current Law Senate-Passed (S. 1642) House-Passed (H.R. 4137) The Secretary must compile and disseminate Requires the Secretary to also collect and Retains current law. information on state and other prepaid tuition and disseminate information on state grant assistance. savings plans. IHEs may exclude from their reports on the Adds that if these students represent 20% or more Similar to Senate provision. completion and graduation rates of students and of certificate or degree-seeking, full-time, student athletes, students or student athletes who undergraduate students, the IHE may recalculate leave school to serve in the armed forces, on the completion and graduation rates of such official church missions, or with a recognized students by excluding the time period during foreign aid service of the federal government. which they were not enrolled due to service in the armed forces, on an official church mission, or with a recognized foreign aid service of the federal government. All IHEs participating in Title IV must disclose Excludes foreign institutions from this Similar to Senate provision. their campus security policies and campus crime requirement. statistics. No similar provision. No similar provision. Requires IHEs to provide current and prospective students with a statement of the IHE's current policies regarding campus law enforcement, including the authority of the law enforcement personnel, the working relationship between campus security personnel with state and local law enforcement agencies and whether a written agreement exists with such agencies, and the IHE's plans to coordinate with state and local law enforcement in the investigation of a felony or report of a missing student. CRS-75 Current Law Senate-Passed (S. 1642) House-Passed (H.R. 4137) No similar provision. Requires IHEs to include a statement of their Similar to Senate provision but requires the policies regarding immediate emergency response campus community to be notified within 30 and evacuation procedures. Among other things, minutes in the event of an emergency or these policies must include procedures to notify dangerous situation occurring on-campus, off- the campus community in a "timely and campus, or on public property. responsive manner" in the event of an emergency or dangerous situation occurring on-campus and procedures to test emergency response and evacuation procedures annually. No similar provision. Requires each IHE to publicly disclose its transfer Similar to Senate provision. of credit policies, which must include the disclosure of any criteria used to evaluate the transfer of credit (e.g., the accreditation held by the sending institution) and a list of IHEs with which the IHE has established articulation agreements. No similar provision. Prohibits the Secretary or the Accreditation and Prohibits the Secretary or NACIQI from Institutional Quality and Integrity Advisory requiring particular policies, procedures, or Committee (formerly NACIQI) from requiring practices by IHEs regarding transfer of credit. particular policies, procedures, or practices by IHEs regarding transfer of credit. No similar provision. States that the disclosure of the transfer of credit Similar to Senate provision. policy by the IHE does not: (1) permit ED to exercise any direction, supervision, or control over the curriculum, instruction, administration, or personnel at any IHE or over any accrediting agency; (2) limit the application of the General Education Provisions Act; or (3) provide students with legally enforceable rights to require an IHE to accept a transfer of credit. CRS-76 Current Law Senate-Passed (S. 1642) House-Passed (H.R. 4137) No similar provision. Requires IHEs to annually disclose information on Similar to Senate provision but adds a fire safety practices and standards. requirement prohibiting retaliation by an IHE or its employees, officers, and agents against an individual for the purpose of interfering with the implementation of fire safety standards and measures or because an individual has complained, testified, assisted, or otherwise participated in an investigation, proceeding, or hearing. No similar provision. No similar provision. Requires IHE to implement missing person procedures. No similar provision. No similar provision. Requires IHEs to provide each student, upon enrollment, with a "separate, clear, and conspicuous written notice" that provides information on the penalties associated with drug-related offenses. No similar provision. No similar provision. Requires IHEs to provide each student, within two weeks of being notified by the Secretary that the student has been convicted of a drug-related offense that resulted in the loss of eligibility for Title IV aid, with a "separate, clear, and conspicuous written notice" that notifies the student of the loss of Title IV eligibility and discusses ways to regain Title IV eligibility. No similar provision. No similar provision. Requires the Secretary to carry out an articulation agreement program with states, in cooperation with public IHEs, to develop, enhance, and implement comprehensive articulation agreements among such IHEs in a state, and (to the extent practicable) across state lines, by 2010. CRS-77 Current Law Senate-Passed (S. 1642) House-Passed (H.R. 4137) No similar provision. Requires IHEs to provide entrance counseling for No similar provision. first-time student borrowers of Title IV part B or part D loans. Program Participation Agreement (PPA). No similar provision. Requires IHEs participating in Title IV to Requires IHEs that participate in a Title IV loan establish and make publicly available a code of program, or have students who obtain private conduct regarding student loans. Major educational loans, to develop, publish, components of codes of conduct include the administer, and enforce a Code of Conduct following: pertaining to educational loans. Major ! revenue sharing prohibition; components of codes of conduct include the ! gift and trip prohibition; following: ! contracting arrangement ! revenue sharing prohibition; prohibition; ! gift and trip prohibition; ! advisory board compensation ! contracting arrangement prohibition; and prohibition; ! requirements for interaction with ! advisory board compensation borrowers. prohibition; ! ban on staffing assistance; and ! prohibition on offers of funds for private loans. CRS-78 Current Law Senate-Passed (S. 1642) House-Passed (H.R. 4137) No similar provision. Provides that if an IHE has willfully contravened Requires covered IHEs and lenders to comply its attestation of compliance with the code of with Title IV as a condition of receiving Federal conduct, the Secretary my limit, suspend, or funds or assistance provided after the date of terminate the IHE's eligibility for the Title IV loan enactment. Specifies penalties for violation of programs. the code of conduct. ! For covered IHEs and lenders that do not participate in a Title IV program, the Secretary may impose a civil penalty of not more than $27,500. ! For lenders that do participate in a Title IV program, the Secretary may impose a civil penalty of not more than $27,500, or may limit, terminate, or suspend the lender's participation in the Title IV program. No similar provision. Adds new reporting and disclosure requirements Adds new reporting and disclosure requirements applicable to IHEs that maintain a preferred lender applicable to IHEs that maintain a preferred list for loans made under Part B. lender list for loans made under Part B and for private loans. No similar provision. Requires IHEs to establish and make publicly No similar provision is added to the PPA. available a code of conduct regarding student loans that addresses issues such as, revenue (Note: A fairly comparable provision is included sharing, contracting arrangements, and advisory in "Requirements for Lenders and Institutions board compensation. Participating in Educational Loan Arrangements" under Title I of this table.) Requires institutions to provide voter registration Allows propriety institutions to comply with the Similar to Senate provision except would apply information to students. requirement by transmitting voter registration to all IHEs. information electronically. CRS-79 Current Law Senate-Passed (S. 1642) House-Passed (H.R. 4137) Proprietary institutions are required to earn 10% Moves the 90/10 rule from Title I to the PPA, and Similar to Senate provision. of their revenue from non-Title IV sources of subjects proprietary institutions violating this rule revenue as a condition of institutional eligibility; to sanctions. also referred to as the 90/10 rule. (Note: By making this change, the 90/10 rule is no longer an institutional eligibility requirement.) Requires the Secretary to issue regulations Permits the Secretary to modify the requirements Similar to Senate provision but also provides the regarding financial and compliance audits of for a foreign institution. Secretary with the option of waiving institutions. requirements for foreign institutions whose students receive less than $500,000 in Title IV loans. No similar provision. Adds requirements for IHEs related to teach-outs. No similar provision. Defines a teach-out plan as a written plan providing for the equitable treatment of students if an IHE ceases operations before all students have completed their program of study. No similar provision. Requires that IHEs that violate their code of No similar provision is added to the PPA. conduct regarding students loans have their eligibility to participate in the federal student loan (Note: A fairly comparable provision is included programs limited, suspended, or terminated. in "Requirements for Lenders and Institutions Participating in Educational Loan Arrangements" under Title I of this table.) No similar provision. No similar provision. Requires institutions to annually report on the number and percent of students: taking classes online or through distance education, taking courses exclusively online or through distance education, and the number and percent of courses offered online or through distance education. No similar provision. No similar provision. Requires institutions to disclose to the alleged victim of a violent crime or non-forcible sex offense the final results of any disciplinary proceedings conducted by the institution against the alleged perpetrator. CRS-80 Current Law Senate-Passed (S. 1642) House-Passed (H.R. 4137) No similar provision. Requires the cash basis of accounting to be used Similar to Senate provision. for purposes of determining compliance with the (Note: Requirements related to the 90/10 rule are 90/10 rule. currently addressed through regulations.) No similar provision. Permits institutions to count the following funds Similar to Senate provisions except the House: as non-Title IV revenue for purposes of ! Specifically prohibits the IHE determining compliance with the 90/10 rule: from counting funds that it uses ! non-Title IV aid used by students to satisfy matching to pay their institutional charges; requirements for Title IV ! funds used by institutions to programs; and satisfy matching requirements ! Only permits IHEs to count for Title IV programs; institutional scholarships, ! funds used by students from a including tuition discounts, 529 plan to pay institutional based on merit or financial charges; need, that are distributed from ! funds paid by a student to the an established restricted institution for a training program account. that is not eligible for Title IV funds but is approved or licensed by the appropriate state agency or accrediting agency; recognized by the Secretary ! funds generated by the institution from activities that are necessary for the education and training of students; ! amount of loan repayment received by the institution during the relevant fiscal year; ! institutional scholarship funds distributed from an established restricted account; and ! tuition discounts provided based on academic merit or financial need. CRS-81 Current Law Senate-Passed (S. 1642) House-Passed (H.R. 4137) No similar provision. No similar provision. Specifies funds that may not be included in determining compliance with the 90/10 rule (e.g., LEAP funds and institutional funds used to match Title IV program funds). No similar provision. Requires institutions that fail to comply with the Similar to Senate provision but also requires an 90/10 rule in any year to be placed on provisional institution to demonstrate its compliance with certification and subjected to increased monitoring financial responsibility requirements. and reporting requirements. No similar provision. Institutions that fail to comply with the 90/10 rule Similar to Senate provision but institutions must for two consecutive years lose their Title IV demonstrate compliance with all eligibility eligibility until the institution demonstrates requirements for at least three fiscal years prior to compliance with the 90/10 rule. regaining Title IV eligibility. No similar provision. Requires the Secretary to publicly disclose the Similar to Senate provision. name of any institution that fails to comply with the 90/10 rule in a given year. No similar provision. No similar provision. Requires the Secretary to annually submit to Congress the 90/10 rule revenue calculations for each institution required to comply with the 90/10 rule. No similar provision. No similar provision. Requires IHEs to establish a policy on the disposal or disposition of all technology assets which may contain personal and sensitive student data. No similar provision. No similar provision. Requires an institution to provide each admitted student considering enrollment in an undergraduate or graduate program with tuition and fee information for multiple years or for a single year with non-binding multi-year estimates of net costs after the award of all financial aid. CRS-82 Current Law Senate-Passed (S. 1642) House-Passed (H.R. 4137) No similar provision. No similar provision. Requires the Secretary to issue regulations to provide for the review of an institution's compliance with provisions governing the enrollment of students who are not high school graduates if it is determined through required financial and compliance audits that more than 5% of the institution's enrollment qualified for Title IV aid based on ability to benefit from postsecondary education provisions. Regulatory Relief and Improvement: Quality Assurance Program (QAP). The QAP provides participating IHEs with an Authorizes the Secretary to continue the voluntary Similar to Senate provision, but requires the alternative management approach by which participation of experimental sites in existence termination of any currently participating sites individual IHEs can develop their own systems prior to the enactment of this act. Any activities determined by the Secretary to not have fulfilled for processing and disbursing student financial approved by the Secretary prior to that date that the purpose of the program by June 30, 2009. aid, verifying financial data, and providing have not fulfilled the purpose of the program must entrance and exit interviews. be discontinued by June 30, 2008. Also requires the Secretary to review and submit a biennial report to the authorizing committees on the experience of participating IHEs. Authorizes the Secretary to periodically select additional IHEs for voluntary participation in the QAP. Transfer of Allotments. IHEs may transfer up to 25% of their Perkins Allows IHEs to transfer up to 25% of their Allows IHEs to transfer up to 25% of their FWS Loan FCC allotment to FSEOG and/or FWS; and FSEOG allotment to FWS. allotment to federal capital contributions for the up to 25% of their FWS allotment to FSEOG. Federal Perkins Loan program. CRS-83 Current Law Senate-Passed (S. 1642) House-Passed (H.R. 4137) Advisory Committee on Student Financial Assistance (ACSFA). ACSFA currently provides extensive knowledge Expands the purpose of the ACSFA to include Same as Senate provision. and understanding of federal, state, and providing knowledge and understanding of early institutional programs for postsecondary student intervention programs and making assistance, among other things. recommendations that will result in early awareness for low and moderate-income students of their eligibility for assistance. No similar provision. Requires the ACSFA to conduct a study of No similar provision. innovative pathways to baccalaureate degree attainment, such as dual enrollment, Pell program changes, and compressed or modular scheduling, among other things. Campus-Based Digital Theft Prevention. No similar provision. No similar provision. Requires each IHE to make information available about policies and procedures related to illegal downloading and distribution of copyrighted materials. Authorizes the Secretary to make grants to IHEs or consortia of IHEs or enter into contracts with IHEs, consortia of IHEs, or other organizations to support prevention and education programs related to campus-based digital theft prevention. Recognition of Accrediting Agency or Association. Accrediting agencies are required to consistently Requires accrediting agencies to respect the stated Similar to Senate provision. apply and enforce standards to ensure courses and mission of the institution, including religious programs, including distance education courses missions, when applying and enforcing standards. and programs, are of sufficient quality to achieve their stated objectives for the duration of the accreditation period. CRS-84 Current Law Senate-Passed (S. 1642) House-Passed (H.R. 4137) No similar provision. Requires an accrediting agency that already has or Similar to Senate provision, but adds that an seeks to include the evaluation of distance accrediting agency is not required to obtain the education programs within its scope of recognition approval of the Secretary to expand its scope of to demonstrate to the Secretary that its standards accreditation to include distance education, effectively address the quality of distance provided the accrediting agency notifies the education programs in the same areas in which it Secretary in writing regarding the change in evaluates classroom-based programs. It does not scope. require accrediting agencies to have separate standards for courses or programs offered by distance education. No similar provision. Requires an accrediting agency to require that Similar to Senate provision. IHEs offering distance education programs establish that a student registered for a distance education course is the same student that participates in, completes, and receives credit for the course. Accrediting agencies are required to assess the Requires accrediting agencies to examine an Similar to Senate provision. IHE's success regarding student achievement in IHE's success regarding student achievement in relation to the institution's mission, including, as relation to the institution's mission, which may appropriate, course completion, state licensing include different standards for different exams, and job placement rates. institutions or programs, as established by the institution, including, as appropriate, consideration of state licensing examinations and job placement rates. CRS-85 Current Law Senate-Passed (S. 1642) House-Passed (H.R. 4137) Accrediting agencies are required to apply Modifies due process requirements for an Similar to Senate provisions except: procedures throughout the accrediting process institution opposing an adverse action to include ! adds that the specification of that comply with due process including: ! opportunity for a written requirements must include clear ! adequate specification of response that would be included, and consistent standards for an requirements and deficiencies at prior to final action, in the institution to be accredited the IHE or program being evaluation and withdrawal evaluated; proceedings; ! notice of an opportunity for a ! upon written request by the IHE, hearing by any such IHE; an opportunity to appeal any ! right to appeal an adverse action adverse action at a hearing prior against any such IHE; and to the action becoming final, ! right to representation by before an appeals panel that does counsel for any such IHE. not include members of the accrediting agency's decision- making body that made the adverse decision and that is subject to a conflict of interest policy; and ! right to representation by counsel during an appeal of an adverse action. CRS-86 Current Law Senate-Passed (S. 1642) House-Passed (H.R. 4137) An accrediting agency must make a summary of Requires the agency to make the summary Similar to Senate provision. any review that results in final denial, publicly available and available to the state termination, or suspension of accreditation, and licensing or authorizing agency, and submit to the the comments of the affected institution, Secretary, a summary of agency actions including: available to the public, upon request, and to the ! the award of accreditation or Secretary and state licensing or authorizing reaccreditation; agency. ! final denial, withdrawal, suspension, or termination of accreditation, or placement on probation of an IHE, and any findings made in relation to the action taken, and any official comments of the affected IHE; and ! any other adverse action taken with respect to an IHE. Requires an accrediting agency to ensure that Specifies that accreditation team members should Similar to Senate provision. accreditation team members are well-trained and also be well-trained and knowledgeable about knowledgeable regarding their responsibilities. their responsibilities related to distance education. No similar provision. Requires on-site evaluations to include a review of No similar provision. the federally required information that the institution or program provides to current and prospective students. No similar provision. Requires accrediting agencies to monitor Similar to Senate provision. programs at IHEs that are experiencing significant enrollment growth. No similar provision. Requires an IHE to submit a teach-out plan for Similar to Senate provision. approval by the accrediting agency if specific events occur, such as the accrediting agency withdraws accreditation or the IHE notifies the accrediting agency that it will be closing. CRS-87 Current Law Senate-Passed (S. 1642) House-Passed (H.R. 4137) No similar provision. Requires accrediting agencies, as part of Similar to Senate provision. accreditation or re-accreditation reviews, to confirm that the IHE has publicly disclosed its transfer of credit policy and that the policy specifically states the criteria used by the IHE regarding transfer of credit from another IHE. No similar provision. No similar provision. Requires the accrediting agency to review and consider an IHE's response to an accreditation decision and include a written statement addressing the IHE's response that states the basis for the determination and includes a copy of the IHE's response. No similar provision. No similar provision. Prohibits an accrediting agency from making a determination including an adverse action based upon an unpublished or undocumented policy, practice, or precedent. No similar provision. Prohibits the Secretary from establishing any Similar to Senate provision. criteria that "specifies, denies, or prescribes" the standards an accrediting agency will use to assess an institution's success with respect to student achievement. No similar provision. Prohibits the Secretary from issuing regulations Similar to Senate provision. related to standards used by the accrediting agency to evaluate the institution with respect to student achievement, curricula, faculty, etc. (section 496(a)(5)). Administrative Capacity Standard. No similar provision. Adds provisions related to the use of a closed IHE No similar provision. as a location for conducting a teach-out. CRS-88 Current Law Senate-Passed (S. 1642) House-Passed (H.R. 4137) Accreditation Ombudsman. No similar provision. No similar provision. Creates an Accreditation Ombudsman to provide timely assistance to IHEs, accrediting agencies, and other participants in the accreditation process who have a grievance related to the accreditation process. Program Review and Data. The Secretary must conduct program reviews of Adds that the Secretary must provide an IHE with Similar to Senate provision but requires that audit IHEs. an adequate opportunity to review and respond to findings be open to review. review report and relevant materials before a final program review is issued. The IHE's response House provision does not include an exception to must be reviewed and considered in any final the confidentiality requirements to inform the program review or audit determination. The report state or accrediting agency when the Secretary or determination must include a written statement takes action against an institution. addressing the IHE's response, a statement of the basis for the report or determination, and a copy of the IHE's response. The confidentiality of any program review report must be maintained until these steps are taken and a final program review is issued, except to inform the state or accrediting agency when the Secretary takes an action against an IHE. Requires the Secretary to promptly disclose all program review reports to the institution under consideration. CRS-89 Current Law Senate-Passed (S. 1642) House-Passed (H.R. 4137) Timely Information About Loans. No similar provision. Requires lenders of a loan made, insured, or Requires the holder of FFEL program loans, and guaranteed under Title IV to provide specific the Secretary with respect to DL program loans information to the borrower at designated times, and Perkins loans, to contact the borrower each including pertinent information about the loan for year after five years has passed since the each payment installment period, information at borrower selected a repayment plan other than least one month prior to the commencement of the standard repayment plan or the income-based repayment, information provided during repayment plan, to ascertain if the borrower is delinquency, and information provided at least able to select a repayment plan with a shorter twice during default. repayment period that would reduce the total interest paid on the borrower's loan or loans. Requires lenders of Title IV loans to provide specified information to borrowers about their loans before repayment begins; and during repayment of their loans. Borrowers having difficulty repaying must be provided information on available repayment options, including forbearance. Title V: Developing Institutions. Hispanic Serving Institutions (HSIs). Lists authorized activities for grants to HSIs. Expands authorized activities to include education No similar provision. or counseling services designed to improve financial literacy and economic literacy of students or students' parents and articulation agreements and student support programs designed to facilitate the transfer from a two-year to a four-year IHE. CRS-90 Current Law Senate-Passed (S. 1642) House-Passed (H.R. 4137) No similar provision. Establishes the Promoting Postbaccalaureate Same as Senate provision. Opportunities for Hispanic Students. The program would provide competitive grants for HSIs offering postbaccalaureate degrees and certificates. Program would be similar in nature to the existing program for HBCUs. Title VI: International Education Programs. International and Foreign Language Studies. Findings state that the "dramatic post-Cold War Removes "post-Cold War" and adds language on Similar to Senate provision except the House also changes in the world's geopolitical and economic "linkages with overseas institutions." adds "international business and landscape" are justification for federal support competitiveness" to the list of areas of study to be for programs of international and foreign coordinated with "programs of the federal language studies. government." No similar provision. Requires the Secretary to consult with appropriate No similar provision. federal agencies to determine national priorities and assist programs funded under this title to develop surveys of participants to determine placement after graduation. Graduate and Undergraduate Language and Area Centers and Programs. Language and Area Centers support: activities to Adds "support for instructors of less commonly Similar to Senate provision except the House improve teaching and research materials; taught languages" to the list of authorized adds "projects that support in students an curriculum planning and development; linkages activities. understanding of science and technology in with overseas institutions; travel support for coordination with foreign language proficiency" visiting scholars; professional development; and to the list of authorized activities. summer institutes. Outreach Grants provide additional grants to Adds state and local educational agencies and Similar to Senate provision except the House also Centers to support linkages and outreach to federal or state scholarship programs to the list of adds colleges of education and teacher various educational, governmental, and trade entities with which Centers should provide professional development as authorized partners. organizations. linkages and outreach. CRS-91 Current Law Senate-Passed (S. 1642) House-Passed (H.R. 4137) Graduate Fellowship for Foreign Language and Removes "graduate" from the name of these Similar to Senate provision. Area or International Studies awards are reserved fellowships and expands eligibility to for graduate students. undergraduate students engaged in "intermediate or advanced study of a less commonly taught language." No similar provision. Allows undergraduate stipends to be used for No similar provision. educational programs abroad that are linked to their course of study and promote foreign language fluency. No similar provision. Requires IHEs seeking a grant under Language No similar provision. and Area Centers and Programs to include an explanation of how the activities funded by the grant will reflect diverse perspectives and a wide range of views. Undergraduate International Studies and Foreign Expands the list of activities for which grantees Similar to Senate provision. Language Grants to IHEs may be used for a may use funds to include education programs number of activities to enhance undergraduate abroad (provided they are linked to the overall international and foreign language studies. goals of the undergraduate program and promote foreign language fluency) and limits the use of funds for this purpose to not more than 10% of grant funds. Specifies several assurances that must be Adds four additional application requirements Retains current law. included in a grant application. including how the funded activities "will reflect diverse perspectives and a wide range of views." Not more than 10% of the Part A appropriation Increases the amount to 20% of the Part A Eliminates this provision. may be used to support undergraduate programs. appropriation . CRS-92 Current Law Senate-Passed (S. 1642) House-Passed (H.R. 4137) Authorizes the Secretary to conduct research that Adds the following to the description, "evaluation Similar to Senate provision with regard to data contributes to achieving the purposes of Part A. of the extent to which programs funded under this but does not include the language on diverse title reflect diverse perspectives and generate perspectives. debate on world regions and international affairs" and "systematic collection, analysis, and dissemination of data." The Secretary is authorized to make Amends the definition of a consortium to include Similar to Senate provision. Technological Innovation grants to IHEs, public an IHE and one other entity which may be a "non- or non-profit private libraries, or consortia of profit educational organization" and adds to the such institutions or libraries to collect, organize, list of authorized activities to include establishing preserve, and widely disseminate information on linkages between IHEs and non-profit educational world regions. organizations. No similar provision. No similar provision. Authorizes the Secretary to waive or reduce the non-federal matching requirement for institutions eligible to receive assistance under Titles III or V. Requires the Secretary to set selection criteria for Requires the Secretary to "also consider an Requires the Secretary to "take into account the grants made under Section 602 which "meet the applicant's record of placing students into service degree to which activities of centers, programs, differing objectives of graduate and in areas of national need and an applicant's stated and fellowships at institutions of higher education undergraduate institutions." efforts to increase the number of such students that address national needs, generate and disseminate go into such service." information, and foster debate on international issues." Business and International Education Programs. Authorizes the Secretary to award grants to Retains current law. Amends the authorized activities to include Centers for International Business which support "technological management and manufacturing the teaching of international business and foreign software systems," and adds outreach to IHEs language training. eligible for funds under Titles III or V. Secretary can also waive or reduce the non-federal matching requirement for institutions eligible to receive assistance under Titles III or Title V. CRS-93 Current Law Senate-Passed (S. 1642) House-Passed (H.R. 4137) Authorizes the Secretary to award Education and Retains current law. Authorizes the Secretary to waive or reduce the Training grants to IHEs to promote linkages non-Federal matching requirement for between these institutions and the American institutions eligible to receive assistance under business community engaged in international Titles III or V. economic activity. No similar provision. Requires submitted applications to include "an No similar provision. assurance that, where applicable, the activities funded by the grant will reflect diverse perspectives and a wide range of views on world regions and international affairs." Institute for International Public Policy. The Institute for International Public Policy Retains current law. Changes the name to "Program for Foreign (Institute) conducts the Minority Foreign Service Service Professionals" and expands the purpose Professional Development program at certain to include increasing the participation of MSIs to "increase the numbers of African underrepresented populations in the international American and other underrepresented minorities service. Also specifies that tribally controlled in the international service." colleges, Alaska native and native Hawaiian- serving institutions, and HSIs are eligible recipients. Authorizes the Secretary to determine the form, Requires that applications include "a description Retains current law. timing, and content of applications. of how the activities funded by the grant will reflect diverse perspectives and a wide range of views." Secretary authorized to waive the 50% non-federal matching requirement. Requires the Institute to award Institutional Adds collaboration among institutions to the Similar to Senate provision. Development grants to certain MSIs. description of these grants. Requires the Institute to conduct a Study Abroad Retains current law. Specifies that Alaska native, native Hawaiian- program for students who attend a MSI in their serving institutions, and HSIs are to be included. junior year. CRS-94 Current Law Senate-Passed (S. 1642) House-Passed (H.R. 4137) Requires the Institute to provide a master's Replaces "masters" with "advanced" degree in the Similar to Senate provision. degree in International Relations program. program name and description and authorizes doctoral study in "exceptional circumstances." Requires the Institute to provide internships for Retains current law. Adds Alaskan native, Hawaiian native, and HSIs students attending certain MSIs and establishes to the description of the program; eliminates the an Interagency Committee on Minority Careers in Interagency Committee; and names student International Affairs. interns "Ralph J. Bunche Fellows." No similar provision. Authorizes the Institute to provide financial No similar provision. assistance to students in the form of summer stipends of up to $3,000 or Ralph Bunche scholarships of up to $5,000 per academic year. No similar provision. No similar provision. Establishes a new "Preparing for Early Foreign Language Instruction" program that authorizes the Secretary to award five-year competitive grants to partnerships between foreign language departments and LEAs. Priority would be given to "high-need" LEAs. No similar provision. No similar provision. Establishes a new "Science and Technology Advanced Foreign Language Education Grant" program that authorizes the Secretary to award grants to IHEs to support programs that combine understanding of science and technology, foreign language proficiency, and international scientific collaboration. No similar provision. Establishes new assessment, evaluation, and Similar to Senate bill. reporting requirements for all of Title VI. Not more than 1% of funds appropriated for Title VI may be used for evaluation. CRS-95 Current Law Senate-Passed (S. 1642) House-Passed (H.R. 4137) Title VII: Graduate and Postsecondary Improvement Programs. Graduate Student and Program Assistance. Jacob K. Javits Fellowship Program -- The Requires that the Fellowship Board include Similar to Senate provision. Secretary is authorized to award fellowships for members from diverse institutions and geographic graduate study in the arts, humanities, and social regions and at least one member from an sciences. institution eligible for a grant under Titles III or V. Graduate Assistance in Areas of National Need Amends procedure for designating areas of Amends procedure for designating areas of (GAANN) -- The Secretary is authorized to national need, specifying consultation with the national need, specifying a priority for grants that award grants to IHEs and other entities to support National Science Foundation, the Departments of train teachers in fields of math, science, special graduate programs in areas of national need. Defense and Homeland Security, the National education, or limited English proficiency. Academy of Sciences, and the BLS. Also specifies that master's degrees are included in the program. Thurgood Marshall Legal Educational Expands scope of authorized activities to include Expands scope of authorized activities to pay Opportunity Program -- The Secretary is service to secondary school students, to emphasize stipends to participants. authorized to award grants to provide undergraduates' preparation for admission to law low-income, minority, or disadvantaged college school, and to pay stipends to participants. students with financial assistance to gain access to and complete law school. No similar provision. No similar provision. Establishes a new program that authorizes the Secretary to award competitive grants to qualifying IHEs to support "Masters Degrees Programs at Historically Black Colleges and Universities and Other Minority Serving Institutions." Specifies a list of HBCUs and MSIs that are eligible. Grants are for five years, renewable for another five years, and would provide fellowships to students in STEM and health fields. IHEs receiving grants under Sec. 326 are ineligible. CRS-96 Current Law Senate-Passed (S. 1642) House-Passed (H.R. 4137) No similar provision. The Senate authorizes a new "Patsy T. Mink The House authorizes a program entitled "Patsy Fellowship Program"under Title VIII. A side-by- T. Mink Fellowship Program" under Title VII. side comparison of these provisions is located under the section entitled "Patsy T. Mink Fellowship Program" in Title VIII of this table. Fund for the Improvement of Postsecondary Education (FIPSE). The Secretary is authorized to make grants and Adds authorized uses of funds to include (1) Similar to Senate provision, with additional enter into awards for contracts under FIPSE. establish and continue technologically-mediated authorized uses to include (4) assessment of collaborations; (2) reform remedial and English teacher education programs; (5) pilot programs to language instruction; and (3) create consortia of reduce illegal downloading of copyrighted IHEs to establish interdisciplinary programs on content; (6) support of increased fire safety; (7) poverty. feasibility study of creating an organization to monitor gender and racial equality in faculty and administration; (8) demonstration housing programs for homeless and foster youth; and (9) promotion of cultural diversity in entertainment. No similar provision. Establishes a new program to support integrated Similar to Senate provision, except that the secondary-postsecondary graduation reform House authorizes the program under Title VIII. programs, with funds going to Project GRAD (See section entitled, "Project GRAD" under USA (a non-profit). Title VIII of this table.) No similar provision. Establishes a new program to create, at an IHE, a Similar to Senate provision. Center for Best Practices to Support Single-Parent Students. No similar provision. Establishes a new program to create, at an IHE, a No similar provision. clearinghouse for Understanding the Federal Regulatory Impact on Higher Education. CRS-97 Current Law Senate-Passed (S. 1642) House-Passed (H.R. 4137) No similar provision. Establishes a new FIPSE program to create, Similar to Senate provision. through a non-profit organization, a scholarship program for family members of veterans or members of the military. No similar provision. Amends areas of national need for which grants Adds to areas of national need for which grants for special projects may be awarded by adding for special projects may be awarded to include instructional improvement and assessment and projects to teach "traditional American history." specifying model programs to include model core curricula. Urban Community Service Program. Program provides funds to IHEs in urban areas to Repeals this program. Replaces with grant program for "Urban-Serving enable them to work with organizations to devise Research Institutions" to expand research and and implement solutions to the problems in their other urban-service initiatives in partnerships communities. with other public and non-profit organizations. Demonstration Projects to Ensure Students with Disabilities Receive a Quality Higher Education. Program provides funds to support demonstration Expands authorized activities to include the Similar to Senate provision projects that provide technical assistance and development of innovative teaching methods and professional development for faculty and strategies to ensure the smooth transition of administrators in IHEs to provide individuals students with disabilities from high school to with disabilities a quality postsecondary postsecondary education; and strategies to make education. distance education programs or classes more available to students with disabilities. No similar provision. Adds a new subpart that establishes a grant Similar to Senate provision program and coordinating center transition programs for students with intellectual disabilities. CRS-98 Current Law Senate-Passed (S. 1642) House-Passed (H.R. 4137) No similar provision. No similar provision. Adds a new subpart that creates a national technical assistance center to improve the post- secondary recruitment, retention, and completion of students with disabilities; creates an advisory commission on accessibility of post-secondary instructional materials; and authorizes model demonstration programs to improve access to such materials. Research Grants. No similar provision. Authorizes the Secretary to award competitive No similar provision. grants "to develop or improve valid and reliable measures of student achievement for use by IHEs to measure and evaluate learning in higher education." Nursing Education. No similar provision. The Senate authorizes a new nursing education The House authorizes a program entitled program under Title VIII. A side-by-side "Additional Capacity for R.N. Students or comparison of these provisions is located under Graduate-Level Nursing Students" under Title the section entitled "Additional Capacity for R.N. VII. Students or Graduate-Level Nursing Students" in Title VIII of this table. No similar provision. No similar provision. Establishes a Nurse Faculty Pilot Project which authorizes the Secretary to award competitive grants to fund scholarships and release time for nurses studying for advanced degrees with the intention of becoming faculty. CRS-99 Current Law Senate-Passed (S. 1642) House-Passed (H.R. 4137) Title VIII: Miscellaneous Additional Programs. Mathematics and Science Scholars Program. No similar provision. Establishes a new program that authorizes the No similar provision. Secretary to award competitive grants to states. States would award $1,000 to first and second- year undergraduate students who complete a rigorous high school program in math and science. States must match 50% of federal funds. Postsecondary Education Assessment. No similar provision. Authorizes the Secretary to contract with a No similar provision. bipartisan organization to study the cost factors associated with tuition at IHEs. Job Skill Training in High-Growth Occupations or Industries. No similar provision. Establishes a new program that authorizes the No similar provision. Secretary to award competitive grants to IHEs and local workforce board partnerships for development of job training programs in high- growth industries. Additional Capacity for R.N. Students or Graduate-Level Nursing Students. No similar provision. Establishes a new program that authorizes the Similar to Senate provision, except that the Secretary to award competitive grants to nursing House authorizes the program under Title VII. programs to expand faculty and facilities. (See section entitled, "Nursing Education" under Title VII of this table.) CRS-100 Current Law Senate-Passed (S. 1642) House-Passed (H.R. 4137) American History for Freedom. No similar provision. Establishes a new program that authorizes the No similar provision. Secretary to award competitive grants to IHEs to establish or strengthen programs that promote: "(1) traditional American history; (2) the history and nature of, and threats to, free institutions; or (3) the history and achievements of Western Civilization." Teach For America. No similar provision. The Secretary is authorized to award a grant to Similar to Senate provision, except that the Teach For America, Inc., to implement and House authorizes the program under Title II. expand its program of recruiting, selecting, (See section entitled, "Enhancing Teacher training, and supporting new teachers; and to Education"under Title II of this table.) study the program's effectiveness. Patsy T. Mink Fellowship Program. No similar provision. Establishes a new program to award competitive Similar to Senate provision, except that at least grants to IHEs for fellowships to minorities and 50% of funds would be reserved for IHEs eligible women seeking doctoral degrees with the intent of for a grant under Titles III or V and the House entering the professoriate. Fellowship recipients authorizes the program under Title VII. (See must sign a service agreement. At least 30% of section entitled, "Graduate Student and Program funds would be reserved for IHEs eligible for a Assistance" under Title VII of this table.). grant under Titles III or V. CRS-101 Current Law Senate-Passed (S. 1642) House-Passed (H.R. 4137) Improving College Enrollment by Secondary Schools. No similar provision. Authorizes the Secretary to contract with a non- Similar to Senate provision. profit organization to conduct a needs assessment and provide comprehensive services to urban school districts and rural states in order to improve college-going rates of participating schools. CRS-102 Current Law Senate-Passed (S. 1642) House-Passed (H.R. 4137) Predominantly Black Institutions (PBIs). The predominantly black institutions program Similar to program created by CCRAA, except Similar to Senate provision, except that the (PBIs) provides funds to eligible IHEs. PBI is specifies that the minimum grant would be House authorizes the program under Title III. defined as: an IHE with a minimum of 1,000 $250,000 and establishes the program in Title (See section entitled, "Predominantly Black undergraduate students; 40% must be black; 50% VIII. Institutions" under Title III of this table.) must be either low-income or first-generation; and at least 50% must be enrolled in an educational program leading to an associates or baccalaureate degree. Funds are allocated as follows: 50% of the funds are based upon the PBI's number of Pell Grant recipients compared with the number of Pell Grant recipients at all PBIs. 25% is for the number of graduates at the respective PBI as a proportion of all graduates from PBIs. Final 25% is contingent upon the percentage of the PBI's graduates who within two years of graduating from the PBI enroll in a baccalaureate degree program or graduate or professional degree program in a discipline in which blacks are underrepresented, compared with the percentage at all PBIs. Program currently authorized by Title IV. (Note: This program was added by the CCRAA, P.L. 110-84.) CRS-103 Current Law Senate-Passed (S. 1642) House-Passed (H.R. 4137) Early Childhood Education Professional Development and Career Task Force. No similar provision. Establishes a new program that authorizes the Similar to Senate provision, except that the Secretary to award competitive grants to states to House authorizes the program under Title II and establish task forces to develop comprehensive specifies grants last for three years. (See section statewide plans for professional development and entitled, "Enhancing Teacher Education" under careers for early childhood education providers, Title II of this table). including scholarships to students for up to $17,500. Grants are for five years. Improving Science, Technology, Engineering, and Mathematics (STEM) Education with a Focus on Alaska Native and Native Hawaiian Students. No similar provision. Establishes a new program that authorizes the Similar to Senate provision. Secretary to award competitive grants to partnerships (STEM schools/colleges, two-year IHEs, and private career organizations) to develop or expand STEM programs and academic support services and internships for STEM students, with a focus on Alaska Native and Native Hawaiian students. Pilot Program to Increase Persistence in Community Colleges. No similar provision. Establishes a pilot program that authorizes the No similar provision. Secretary to award competitive grants to IHEs for scholarships ($2,000 per year for two years) and counseling services for low-income students with dependents. The program is to be evaluated using a random assignment experimental design. CRS-104 Current Law Senate-Passed (S. 1642) House-Passed (H.R. 4137) Student Safety and Campus Emergency Management. No similar provision. Establishes a new program that authorizes the Similar to Senate provision. Secretary, in consultation with the Attorney General and the Secretary of Homeland Security, as appropriate, to award two-year competitive grants to IHEs, to be matched by non-federal sources, for emergency communication systems or improved safety training and response. No similar provision. No similar provision. Requires the Secretary to develop a disaster relief plan to ensure that procedures are in place to address the needs of IHEs in the event the President declares a major disaster or emergency. No similar provision. No similar provision. Establishes an Education Disaster and Emergency Relief Loan Program for IHEs that incur a loss as a result of a federally declared major disaster or emergency. Funds received by IHEs can be used for construction, replacement, and renovation; faculty salaries and retention incentives; and reimbursement for lost revenue, including lost tuition revenue. IHEs affected by the Gulf Coast hurricanes of 2005 are eligible to receive this assistance. No similar provision. No similar provision. Requires the Secretary to provide guidelines on the role of IHEs regarding the disclosure of education records in the event a student poses a significant risk or harm to himself/herself or others. The guidelines must state that IHEs cannot be held liable for information disclosed in "good faith." CRS-105 Current Law Senate-Passed (S. 1642) House-Passed (H.R. 4137) School of Veterinary Medicine Competitive Grant Program. No similar provision. Establishes a new program that authorizes the No similar provision. Secretary of Health and Human Services to award competitive grants to veterinary schools or residency programs for veterinarians to increase the number of veterinarians in the workforce. Early Federal Pell Grant Commitment Demonstration Program. No similar provision. Authorizes the Secretary to establish an Early No similar provision. federal Pell Commitment Demonstration Program and award grants to four state educational agencies to pay the administrative expenses of program participation. The program would provide 8th grade students who are eligible for free or reduced price lunch with a commitment to receive a Pell Grant during their first year of undergraduate study, provided the student applies for federal financial aid during the student's senior year of high school. Each state would identify two cohorts of 8th grade students to participate in the program. Henry Kuualoha Giugni Kupuna Memorial Archives. No similar provision. Authorizes the Secretary to award a grant to the No similar provision. University of Hawaii Academy for Creative Media for the establishment, maintenance, and periodic modernization of the memorial archives. CRS-106 Current Law Senate-Passed (S. 1642) House-Passed (H.R. 4137) Student Loan Clearinghouse. No similar provision. Requires the Secretary to establish at least one Requires the Secretary to study and report on the clearinghouse of information on student loans, feasibility of developing a National Electronic including Title IV student loans and private loans, Student Loan Marketplace, which would make for undergraduate and graduate students that available a range of information on federal and provides information on available interest rates private educational loans. and other terms from lenders. IHEs receiving federal assistance under the HEA that designate one or more lenders as preferred, suggested, or recommended, must include a disclosure on all materials that reference such lenders, that informs students they may be able to find a more attractive loan by visiting the clearinghouse. Minority Serving Institutions for Advanced Technology and Education. No similar provision. Establishes a new program that authorizes the Similar to Senate provision, except the House Secretary to award competitive grants, with a names the program the "Minority Serving matching requirement, to MSIs to strengthen their Institution Digital and Wireless Technology ability to provide capacity for instruction in digital Opportunity Program; and authorizes the and wireless technologies and to increase the program in Title IX. (See section entitled, national investment in telecommunications and "Stevenson-Wydler Technology Innovation Act technology infrastructure at MSIs. of 1980" under Title IX of this table.) CRS-107 Current Law Senate-Passed (S. 1642) House-Passed (H.R. 4137) Low Tuition. No similar provision. No similar provision. Establishes a new program that authorizes the Secretary to award grants to IHEs that have an annual percentage increase in net tuition that is equal to or lower than the percentage change in the relevant postsecondary education price index for that sector. Funds received by the institution must be used to provide need-based grant aid to Pell-eligible students. No similar provision. No similar provision. Establishes a new program that authorizes the Secretary to award non-competitive grants to IHEs that comply with specific caps on the annual percentage increase in net tuition over a specified number of years. Funds received by the institution must be used to provide need-based aid to Pell-eligible students. No similar provision. No similar provision. Establishes reporting requirements for IHEs that (1) have an annual percentage increase in net tuition that exceeds the percentage increase in the relevant postsecondary education price index for that sector, and (2) have a tuition that is not in the lowest quartile of comparable institutions. Cooperative Education. No similar provision. No similar provision. Establishes a new program that authorizes the Secretary to award competitive grants to IHEs or combinations of IHEs that would pay a share of the cost of planning, establishing, expanding, or implementing cooperative education programs. Maximum grant would be $500,000. CRS-108 Current Law Senate-Passed (S. 1642) House-Passed (H.R. 4137) No similar provision. No similar provision. Establishes a new program that authorizes the Secretary to award competitive grants to IHEs operating an existing cooperating education program to pay for planning, establishing, expanding, or implementing cooperative education programs. Grant amounts are determined based on an IHE's share of all students placed in cooperative education jobs during the preceding fiscal year. The minimum grant amount is $1,000, and the maximum grant amount is $75,000, and may not exceed 25% of an IHE's cooperative education program's personnel and operation budget for the preceding fiscal year. No similar provision. No similar provision. Authorizes the Secretary to make grants or enter into contracts for demonstration programs, training and resource centers, and research related to cooperative education. College Partnership Grants. No similar provision. No similar provision. Establishes a new program that authorizes the Secretary to award competitive grants to eligible partnerships of IHEs to support the development and implementation of articulation agreements. CRS-109 Current Law Senate-Passed (S. 1642) House-Passed (H.R. 4137) Student Success Grants. No similar provision. No similar provision. Establishes a pilot program that authorizes the Secretary to award competitive grants to eligible IHEs to help low-income students persist and complete postsecondary education and training programs through coaching programs. Grants would be $1,500 per student, per year, for five years, with a 25% non-federal matching requirement. The program is to be evaluated with an experimental or quasi-experimental design. Jobs to Careers. No similar provision. No similar provision. Establishes a new program that authorizes the Secretary to award competitive grants to IHEs to create workforce bridge programs from developmental coursework to occupational certificate programs. Grants are three to five years, with a priority for IHEs with more than half of students enrolling in developmental coursework. Project GRAD. No similar provision. The Senate authorizes a new "Project GRAD" The House authorizes a program entitled "Project program under Title VII. A side-by-side GRAD" under Title VIII. comparison of these provisions is located under the section entitled "Fund for the Improvement of Postsecondary Education (FIPSE)" in Title VII of this table. CRS-110 Current Law Senate-Passed (S. 1642) House-Passed (H.R. 4137) Diploma Mill Prevention. No similar provision. No similar provision. Establishes a program to protect IHEs, businesses, individuals, and others from any individual claiming to possess a legitimate academic degree that was actually issued by an entity functioning as a diploma mill. No similar provision. No similar provision. Requires the Secretary to provide the Secretary of Homeland Security as well as other federal agencies, with lists of recognized accrediting agencies, Title IV eligible institutions, and, to the extent possible, foreign degree-granting institutions meeting specific requirements to enable federal agencies to determine, for immigration and federal employment and hiring, the legitimacy of degree-granting institutions and their degrees. No similar provision. No similar provision. Establishes the Diploma Mill Task Force to develop guidelines to be used for developing federal legislation to identify degree-granting institutions as legitimate or fraudulent for federal purposes. Requires the Task Force to develop a "strategic diploma integrity protection plan" to address the sale and use of fraudulent degrees for federal purposes. No similar provision. No similar provision. Includes a sense of Congress statement that each state should implement a "strategic diploma integrity plan" similar to any plan enacted by Congress. CRS-111 Current Law Senate-Passed (S. 1642) House-Passed (H.R. 4137) No similar provision. No similar provision. Requires the Secretary to request the Federal Trade Commission to develop a plan to address diploma mills based on section 18 of the Federal Trade Commission Act (15 U.S.C. 57a) which addresses unfair or deceptive acts or practices in or affecting commerce. Rural Development Grants for Rural Colleges and Universities. No similar provision. No similar provision. Establishes a new program that authorizes the Secretary to award competitive grants to rural IHEs in partnership with rural LEAs, rural educational service agencies, regional employers, or non-profit organizations. Grants must be used to improve enrollment rates among graduates of rural high schools and nontraditional students at rural IHEs. National Database on Financial Assistance for Study of Science, Technology, Engineering, and Mathematics. No similar provision. No similar provision. Requires the Secretary to establish and maintain on the ED website a searchable database of scholarships, fellowships, and other assistance for undergraduate and graduate students in STEM fields. Training for Realtime Writers. No similar provision. No similar provision. Establishes a new program that authorizes the Secretary of Commerce to award competitive grants to IHEs for training and placing students in realtime writing jobs. Grants may not exceed $1,500,000 over two years. CRS-112 Current Law Senate-Passed (S. 1642) House-Passed (H.R. 4137) Centers of Excellence in Veteran Student Success. No similar provision. No similar provision. Establishes a new program that authorizes the Secretary to award competitive grants to IHEs to establish model programs for serving the needs students who are veterans. University Sustainability Programs. No similar provision. No similar provision. Establishes a new program that authorizes the Secretary to award competitive grants to IHEs and partnerships to design and implement environmental sustainability practices. Grant amounts are between $250,000 and $2,000,000 over four years. No similar provision. No similar provision. Requires the Secretary to convene a summit on sustainability in higher education not later than September 30, 2008. Modeling and Simulation Programs. No similar provision. No similar provision. Establishes a new program that authorizes the Secretary to award competitive grants to IHEs to create and enhance modeling and simulation programs. Grants are for not less than $750,000 for at least three years, and have 25% by non- federal source matching requirement. No similar provision. No similar provision. Requires the Secretary to establish a task force to raise awareness of and define the study of modeling and simulation. CRS-113 Current Law Senate-Passed (S. 1642) House-Passed (H.R. 4137) Business Workforce Partnerships. No similar provision. No similar provision. Establishes a new program that authorizes the Secretary to award competitive grants to IHEs in partnership with businesses, local workforce investment boards, and labor organizations to develop pathways from education and training to high-demand occupations. Grants are between 3 and five years. No similar provision. No similar provision. Requires Secretaries of Education and of Labor to report to Congress within three years of enactment, with recommendations for amending the HEA and related vocational, education, and training acts to facilitate linkages between colleges and workforce development. Path to Success Program. No similar provision. No similar provision. Establishes a new program that authorizes the Secretary to award competitive grants to community colleges in partnership with juvenile justice centers to provide reentry education and services to juveniles convicted of gang-related offenses. Grants are for two years. National Undergraduate Fellows Program. No similar provision. No similar provision. Establishes a new program that authorizes the Secretary to award competitive grants to IHEs to facilitate careers in student affairs administration for underrepresented students. Requires the Secretary to award a competitive grant to a national organization to support the program. CRS-114 Current Law Senate-Passed (S. 1642) House-Passed (H.R. 4137) Readmission Requirements for Service Members. No similar provision. No similar provision. Any IHE that requires reservists or members of the Armed Forces in retired status who are called or ordered to active duty, resulting in the interruption of their education, to reapply for admission after the conclusion of such active duty must justify this requirement in writing to the Secretary. Pilot Program for Course Material Rental. No similar provision. No similar provision. Establishes a new program that authorizes the Secretary to award competitive grants to 10 IHEs in partnership with bookstores to provide the option for students to rent textbooks and other materials. CRS-115 Current Law Senate-Passed (S. 1642) House-Passed (H.R. 4137) Studies and Reports. No similar provision. No similar provision. Requires the Secretary, through grants, contracts, or agreements with other agencies to conduct studies and issue related reports, including: ! Feasability of "IDEA Loan" income- contingent repayment through tax withholding; ! Evaluation of distance education versus traditional education; ! Compliance costs of environmental, health, safety standards; ! Minority male academic achievement; ! Identifying any race, ethnicity, and gender bias in standardized tests; ! Feasibility study on selecting or renegotiating interest terms on student loans; ! Institutional endowments composition, growth, and spending; and ! Longitudinal study on the correctional postsecondary education. ! Regional sensitivity in the needs analysis formula. ! Teacher preparation for teaching students with dyslexia. ! Borrower repayment plans. ! Nursing school capacity. ! Impact of student loan debt on public service. ! Amount and scope of federal regulations and reporting requirements for IHEs. CRS-116 Current Law Senate-Passed (S. 1642) House-Passed (H.R. 4137) Title IX: Amendments to Other Laws. Education of the Deaf Act of 1986 (EDA). Section 104 of the EDA refers to elementary and Renames the section the "Laurent Clerc National Same as Senate provision. secondary education programs. Deaf Education Center" and all references to elementary and secondary education programs are replaced by references to the "Clerc Center." Subsections lists administrative requirements for Creates an additional requirement to the Similar as Senate provision. Would add option Center. subsection on "Administrative requirements" for Gallaudet University to develop the standards requiring Gallaudet University to select and and assessment, subject to the Secretary's implement a state's academic standards and approval. assessments for programs at the Center and Adds exception to report requirement if results determine and publicize whether programs are are not statistically reliable or if individual making adequate yearly progress based on these information would be revealed. standards. Authorizes the National Technical Institute for The current operator of the center, Rochester Similar to Senate provision but would not specify the Deaf (NTID). Institute of Technology (RIT) would be specified RIT in the act in the act. No similar provision. Requires the Secretary to re-compete the operation Same as Senate provision. of NTID if either the Secretary or RIT terminates the agreement. No similar provision. Creates a new section that authorizes the Secretary No similar provision. to make grants to eligible non-profit entities for "cultural experiences" for deaf children and adults. CRS-117 Current Law Senate-Passed (S. 1642) House-Passed (H.R. 4137) Provides for enrollment of international students Adds a new provision exempting international Same as Senate provision. at Gallaudet and NTID and caps the number of students participating in distance learning through such students. Gallaudet or NTID from counting against the enrollment cap except that such students shall not displace a U.S. citizen applying for such courses. In addition, international students participating in distance learning would not be charged the tuition surcharge other international students at these institutions must pay. International students must pay a tuition The 100% surcharge would be continued for Same as Senate provision. surcharge of 100% except for certain students students from "non-developing countries." The from "developing countries" for whom the 50% surcharge for students from "developing institution may reduce the surcharge to 50%. countries" would be mandated, rather than being at the institution's discretion for certain students. Beginning with the 2008-2009 academic year, the surcharges would be reduced to 50% and 25%, respectively, for students who demonstrate "need" and make "a good faith effort" to obtain aid from their home governments. "Developing country" is defined as having not Definition would be updated to $4,825 in 1999 Same as Senate provision. more than a per capita income of $4,000 in 1990 dollars. dollars. Authorizes a national study on the education of Retains current law. Amends and reauthorize this study for FY2008 the deaf. and FY2009. CRS-118 Current Law Senate-Passed (S. 1642) House-Passed (H.R. 4137) Higher Education Amendments of 1998. The Secretary is required to conduct numerous Repeals provisions for the following studies: Similar to Senate provision except the House studies of selected topics. ! Study of Market Mechanisms in only repeals the first four studies. the Federal Student Loan programs ! Study of the Feasability of Alternative Financial Instruments for Determining Lender Yields ! Student Related Debt Study ! Study of Transfer of Credits ! Study of Opportunities for Participation in Athletics Programs ! Study of the Effectiveness of Cohort Default Rates for Institutions with few Student Loan Borrowers ! Education Welfare Study Title VIII authorizes various types of programs, Repeals the following programs and provisions: Similar to Senate provision except the House and includes a Sense of the Congress regarding ! Community Scholarship only repeals the first two provisions. House also good character. Mobilization; repeals the Web-based education commission. ! Improving United States Understanding of Science Engineering and Technology in East Asia ! Sense of the Congress regarding good character CRS-119 Current Law Senate-Passed (S. 1642) House-Passed (H.R. 4137) Grants to States for Workplace and Community Transition Training for Incarcerated Youth Offenders. Youth are currently defined as persons 25 or Changes the definition of "youth" to include Expands eligibility from youth to all incarcerated younger. persons under the age of 35. individuals. Also, changes the name to "Grants for Improved Workplace and Community Transition Training for Incarcerated Individuals." Each state can receive $1,500 maximum, Increases the amount that each state can receive Same as Senate provision. annually for each eligible student for tuition, for each eligible student to $3,000 annually, for books, and essential materials. tuition, books, and essential materials. Tribally Controlled College or University Assistance Act of 1978. No similar provision. Defines "Indian student" to mean a student who is Same as Senate provision. a member of an Indian tribe, or a biological child of a member of an Indian tribe. No similar provision. Expands the definition of an eligible grantee to Same as Senate provision. specify that the tribally controlled college must also be accredited by a nationally recognized accrediting association or an association recognized by the Secretary. Grant amount of $6,000 per Indian student. Increases the grant amount per Indian student Same as Senate provision. count to $8,000. No similar provision. Creates a new Subtitle V on Tribally Controlled Same as Senate provision. Postsecondary Career and Technical Institutions. "Tribally controlled postsecondary career and technical institution" aligns with the definition of the term in the Carl D. Perkins Career and Technical Education Act. CRS-120 Current Law Senate-Passed (S. 1642) House-Passed (H.R. 4137) Navajo Community College Act. The purpose of the act is to provide support for Strikes Navajo Community College and specifies Same as Senate provision. the education of members of the Navajo tribe, by that the support will be directed to Diné College. supporting the Navajo Community College. Loan Repayment for Prosecutors and Public Defenders. No similar provision. Amends Title I of the Omnibus Crime Control and Same as Senate provision. Safe Streets Act of 1968 to establish a Loan Repayment for Prosecutors and Public Defenders program. The Attorney General would assume the obligation to repay federal student loans owed by full-time state and local prosecutors and public defenders who agree to service agreements of at least three years. A maximum of $10,000 per year, and $60,000 aggregate may be repaid. No similar provision. No similar provision. Authorizes the Attorney General to award grants to establish and operate a National Center for Campus Public Safety. Individuals employed by the government and No similar provision. Specifies that this section does not prohibit IHEs entities that pay or supplement the salaries of from providing, nor employees of the federal government employees are subject to penalties executive branch, independent agencies, or the for bribery, gifts, and conflicts of interest. The District of Columbia government, from receiving section also identifies certain types of pay and from an IHE, student loan repayment or benefit transactions that are not prohibited. forbearance for the performance of public service. CRS-121 Current Law Senate-Passed (S. 1642) House-Passed (H.R. 4137) National Center for Campus Public Safety. No similar provision. No similar provision. Authorizes the Attorney General to make grants through the Office of Community Oriented Policing Services to establish and operate a National Center for Campus Public Safety. Stevenson-Wydler Technology Innovation Act of 1980. No similar provision. The Senate authorizes a new "Minority Serving The House authorizes a program entitled Institutions for Advanced Technology and "Minority Serving Institution Digital and Education" program under Title VIII. A side-by- Wireless Technology Opportunity Program" side comparison of these provisions is located under Title IX. under the section entitled "Minority Serving Institutions for Advanced Technology and Education" in Title VIII of this table. Title X: Private Student Loan Transparency and Improvement. The Truth in Lending Act (TILA) requires Retains current law. Amends the TILA to creditors to disclose certain information about ! impose a gift ban on private covered financial transactions so that consumers educational lenders; may make informed decisions about the use of ! prohibit co-branding of private and cost of credit. educational loans between covered IHEs and private educational lenders; ! prohibit IHE personnel with responsibility for private educational loans from serving on lender advisory councils; and ! prohibit pre-payment fees on private educational loans. CRS-122 Current Law Senate-Passed (S. 1642) House-Passed (H.R. 4137) The TILA requires creditors to disclose certain Retains current law. Extends TILA civil liability to lenders of private information regarding consumer credit not under educational loans for failure to comply with open end credit plans. terms and disclosure requirements with respect to private educational loans. Amends TILA to permit borrowers of private educational loans to sue for damages regarding violations of the terms of disclosure with respect to private educational loans until one year following the date on which the first payment of principal is due on the loan. Credit transactions in which the total amount Retains current law. Amends TILA to exclude private educational financed exceeds $25,000, (with certain loans from exempted transactions, under TILA. exceptions), are exempted transactions to which TILA does not apply. No similar provision. No similar provision. Amends TILA to require that in applications and solicitations for private educational loans, specified information about the terms and conditions of such loans must be clearly and conspicuously disclosed by the creditor to the borrower. No similar provision. No similar provision. Requires Title IV institutions of higher education to certify the enrollment and cost of attendance of borrowers for the extension of credit of private educational loans. No similar provision. No similar provision. Requires the Secretary of the Treasury and appropriate member agencies of the Financial Literacy and Education Commission to coordinate financial literacy education efforts; and to report to Congress on the state of financial education among students enrolled at IHEs. CRS-123 Current Law Senate-Passed (S. 1642) House-Passed (H.R. 4137) No similar provision. No similar provision. Requires the Comptroller General to study and report to Congress on the inclusion of nonindividual factors (e.g., IHE cohort default rates, accreditation, and graduation rates) in the underwriting criteria used to determine the pricing of private educational loans. The Community Reinvestment Act (CRA) Retains current law. Amends the CRA to require federal financial requires federal financial supervisory agencies to supervisory agencies to consider low-cost examine how the institutions they regulate meet educational loans provided to low-income the credit needs of the entire community they borrowers in their examinations of the serve, including low- and moderate-income institutions they regulate. neighborhoods. ------------------------------------------------------------------------------ For other versions of this document, see http://wikileaks.org/wiki/CRS-RL34283