Order Code RL34283
Higher Education Act Reauthorization in the 110th
Congress: A Comparison of Major Proposals
December 13, 2007
Charmaine Mercer and
Blake Alan Naughton, Coordinators
Domestic Social Policy Division
Rebecca R. Skinner, David P. Smole,
Jeffrey J. Kuenzi, and Richard N. Apling
Specialists in Education Policy
Domestic Social Policy Division

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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
10th, and passed by the full Senate on July 24, 2007. Similarly, Representative
Miller, 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.
This report provides a side-by-side comparison of the HEA reauthorization
proposals in the Senate-passed version of S. 1642 and the House committee-passed
version of H.R. 4137 to current law. The side-by-side is generally organized to
correspond with the organization of S. 1642. As a reminder that the side-by-side
compares a Senate-passed bill to a House committee-reported bill, we have presented
the text discussing provisions in H.R. 4137 in italics.
This report will be updated following major legislative developments.

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Key CRS Staff Members
on Higher Education Issues
Contact
Major Areas of Responsibility
Telephone
Adam Stoll
Student loans
7-4375
Charmaine Mercer
Pell grants, need analysis, minority-
7-4894
serving institutions, and general higher
education issues
David Smole
Student loans, campus-based student
7-0624
aid programs, and postsecondary
education finance
Rebecca Skinner
Institutional eligibility for federal
7-6600
student aid, college cost and price,
distance education, appropriations, and
campus crime and safety
Jeff Kuenzi
TRIO, GEAR-UP, international
7-8645
education, and teacher quality
Blake Naughton
Accountability, community colleges,
7-0376
LEAP, college cost and price, graduate
education programs, and FIPSE

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Contents
Overview . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
Title I . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
Title II . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
Titles III and V . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
Title IV . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
Part A: Grants to Students . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
Part B: Federal Family Education Loan Program . . . . . . . . . . . . . 4
Part E: Perkins Loans . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
Part F: Need Analysis . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
Part G: General Provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
Part H: Program Integrity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
Title VI . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
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 . . . . . . . . . . . . . 13
Textbook Information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
Student Information Databases . . . . . . . . . . . . . . . . . . . . . . . . . . 17
Easy-to-Find Information on Student Financial Aid . . . . . . . . . . 17
State Higher Education Information System Pilot Program . . . . 18
Performance Based Organization (PBO) . . . . . . . . . . . . . . . . . . . 18
Requirements for Lenders and Institutions Participating
in Educational Loan Arrangements . . . . . . . . . . . . . . . . . . . 18
Title II: Teacher Quality Enhancement . . . . . . . . . . . . . . . . . . . . . . . . 24
Teacher Quality Partnership Grants . . . . . . . . . . . . . . . . . . . . . . . 24
Partnership Grants . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
Accountability for Programs that Prepare Teachers . . . . . . . . . . 29
Preparing Tomorrow’s Teachers to Use Technology . . . . . . . . . 30
Enhancing Teacher Education . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
Title III: Institutional Aid . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
Strengthening Institutions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
American Indian Tribally Controlled Colleges and
Universities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
Alaska Native and Native Hawaiian-Serving Institutions . . . . . . 33
Native American-Serving, Non-Tribal Institutions . . . . . . . . . . . 33
Historically Black Colleges and Universities (HBCUs) . . . . . . . 33
Historically Black Colleges and Universities, Professional
or Graduate Institutions . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34

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Historically Black College and University Capital Financing
Program . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
Predominantly Black Institutions (PBIs) . . . . . . . . . . . . . . . . . . . 36
Asian American and Native American Pacific
Islander-Serving Institutions . . . . . . . . . . . . . . . . . . . . . . . . 36
Endowment Challenge Grants for Institutions Eligible
Under Part A or Part B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
Programs in STEM Fields . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
Waiver Authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
Title IV: Student Assistance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
Federal Pell Grants . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
Academic Competitiveness (AC) and Science Mathematics
Access to Retain Talent (SMART) Grants . . . . . . . . . . . . . 39
Federal TRIO Programs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
Gaining Early Awareness and Readiness for Undergraduate
Programs (GEAR UP) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
Academic Achievement Incentive Scholarships . . . . . . . . . . . . . 44
Federal Supplemental Educational Opportunity Grants
(FSEOG) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
Leveraging Educational Assistance Partnership (LEAP)
Program . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
Special Programs for Students Whose Families are Engaged
in Migrant and Seasonal Farmwork . . . . . . . . . . . . . . . . . . . 46
Robert C. Byrd Honors Scholarship Program . . . . . . . . . . . . . . . 47
Mathematics and Science Incentive Program . . . . . . . . . . . . . . . 48
Foreign Language Partnerships . . . . . . . . . . . . . . . . . . . . . . 48
Child Care Access Means Parents in School . . . . . . . . . . . . . . . . 48
Learning Anytime Anywhere Partnerships . . . . . . . . . . . . . . . . . 49
Teacher Education Assistance for College and
Higher Education (TEACH) Grants . . . . . . . . . . . . . . . . . . . 49
Federal Family Education Loan (FFEL) Program and
William D. Ford Direct Loan (DL) Program . . . . . . . . . . . . 49
Federal Work-Study (FWS) Programs . . . . . . . . . . . . . . . . . . . . . 55
Federal Perkins Loans . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56
Need Analysis: Cost of attendance . . . . . . . . . . . . . . . . . . . . . . . 59
Need Analysis: Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59
Definition of an Academic Year . . . . . . . . . . . . . . . . . . . . . . . . . 59
Compliance Calendar . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60
Forms and Regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60
Student Eligibility . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63
Data Analysis on Access to Federal Student Aid for
Certain Populations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66
Statute of Limitations and State Court Judgments . . . . . . . . . . . . 66
Institutional Refunds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66
Institutional and Financial Assistance Information for Students . 67
Program Participation Agreement (PPA) . . . . . . . . . . . . . . . . . . . 71
Regulatory Relief and Improvement: Quality Assurance
Program (QAP) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76
Transfer of Allotments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76
Advisory Committee on Student Financial Assistance
(ACSFA) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76

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Campus-Based Digital Theft Prevention . . . . . . . . . . . . . . . . . . . 77
Recognition of Accrediting Agency or Association . . . . . . . . . . 77
Administrative Capacity Standard . . . . . . . . . . . . . . . . . . . . . . . . 81
Accreditation Ombudsman . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82
Program Review and Data . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82
Timely Information About Loans . . . . . . . . . . . . . . . . . . . . . . . . 83
Title V: Developing Institutions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 83
Hispanic Serving Institutions (HSIs) . . . . . . . . . . . . . . . . . . . . . . 83
Title VI: International Education Programs . . . . . . . . . . . . . . . . . . . . 84
International and Foreign Language Studies . . . . . . . . . . . . . . . . 84
Graduate and Undergraduate Language and Area Centers
and Programs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 84
Business and International Education Programs . . . . . . . . . . . . . 86
Institute for International Public Policy . . . . . . . . . . . . . . . . . . . . 87
Title VII: Graduate and Postsecondary Improvement Programs . . . . 89
Graduate Student and Program Assistance . . . . . . . . . . . . . . . . . 89
Fund for the Improvement of Postsecondary Education
(FIPSE) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 90
Urban Community Service Program . . . . . . . . . . . . . . . . . . . . . . 91
Demonstration Projects to Ensure Students with Disabilities
Receive a Quality Higher Education . . . . . . . . . . . . . . . . . . 91
Research Grants . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 92
Nursing Education . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 92
Title VIII: Miscellaneous Additional Programs . . . . . . . . . . . . . . . . . . 92
Mathematics and Science Scholars Program . . . . . . . . . . . . . . . . 92
Postsecondary Education Assessment . . . . . . . . . . . . . . . . . . . . . 93
Job Skill Training in High-Growth Occupations or Industries . . 93
Additional Capacity for R.N. Students or Graduate-Level
Nursing Students . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 93
American History for Freedom . . . . . . . . . . . . . . . . . . . . . . . . . . 93
Teach For America . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 94
Patsy T. Mink Fellowship Program . . . . . . . . . . . . . . . . . . . . . . . 94
Improving College Enrollment by Secondary Schools . . . . . . . . 94
Predominantly Black Institutions (PBIs) . . . . . . . . . . . . . . . . . . . 95
Early Childhood Education Professional Development
and Career Task Force . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 96
Improving Science, Technology, Engineering, and
Mathematics (STEM) Education with a Focus on
Alaska Native and Native Hawaiian Students . . . . . . . . . . . 96
Pilot Program to Increase Persistence in Community Colleges . . 96
Student Safety and Campus Emergency Management . . . . . . . . 97
School of Veterinary Medicine Competitive Grant Program . . . 98
Early Federal Pell Grant Commitment Demonstration
Program . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 98
Henry Kuualoha Giugni Kupuna Memorial Archives . . . . . . . . . 98
Student Loan Clearinghouse . . . . . . . . . . . . . . . . . . . . . . . . . . . . 99
Minority Serving Institutions for Advanced Technology
and Education . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 99
Low Tuition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100
Cooperative Education . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100
College Partnership Grants . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101

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Student Success Grants . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 102
Jobs to Careers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 102
Project GRAD . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 102
Diploma Mill Prevention . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 102
Rural Development Grants for Rural Colleges and
Universities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 104
National Database on Financial Assistance for Study of
Science, Technology, Engineering, and Mathematics . . . . 104
Training for Realtime Writers . . . . . . . . . . . . . . . . . . . . . . . . . . 104
Centers of Excellence in Veteran Student Success . . . . . . . . . . 104
University Sustainability Programs . . . . . . . . . . . . . . . . . . . . . . 105
Modeling and Simulation Programs . . . . . . . . . . . . . . . . . . . . . 105
Business Workforce Partnerships . . . . . . . . . . . . . . . . . . . . . . . 105
National Undergraduate Fellows Program . . . . . . . . . . . . . . . . . 106
Readmission Requirements for Service Members . . . . . . . . . . . 106
Studies and Reports . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 107
Title IX: Amendments to Other Laws . . . . . . . . . . . . . . . . . . . . . . . . 108
Education of the Deaf Act of 1986 (EDA) . . . . . . . . . . . . . . . . 108
Higher Education Amendments of 1998 . . . . . . . . . . . . . . . . . . 110
Grants to States for Workplace and Community Transition
Training for Incarcerated Youth Offenders . . . . . . . . . . . . 111
Tribally Controlled College or University Assistance Act
of 1978 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 111
Navajo Community College Act . . . . . . . . . . . . . . . . . . . . . . . . 112
Loan Repayment for Prosecutors and Public Defenders . . . . . . 112
National Center for Campus Public Safety . . . . . . . . . . . . . . . . 113
Stevenson-Wydler Technology Innovation Act of 1980 . . . . . . 113
Title X: Private Student Loan Transparency and Improvement . . . . 113

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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 Charmaine Mercer and Rebecca Skinner.
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
Most recently, the HEA was extended by the Third Higher Education Extension Act
of 2007 (P.L. 110-109), which authorizes the programs and activities of the HEA
through March 31, 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, 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.
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, and P.L. 110-109 —
have temporarily extended the HEA program and provision authority.

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CRS-2
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 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. As a
result, 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 committee-reported
version of H.R. 4137 to current law. As a reminder that the side-by-side compares
a Senate-passed bill to a House committee-reported bill, we have presented the text
discussing the provisions in H.R. 4137 in italics. Additionally, the side-by-side
generally corresponds with the organization of S. 1642, thus the provisions included
in Table 1 correspond to the layout of the 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.
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.

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CRS-3
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:
! 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 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:

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CRS-4
! Elimination of the State and Recruitment grants and all Title II-A
funds that are directed to the current Partnership grant program.
! 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:
! 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
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.

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CRS-5
! In the House bill, establishment of a Loan Forgiveness for Service
in Areas of National Need program and a Loan Repayment for Civil
Legal Assistance Attorneys program.
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.
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.

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CRS-6
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.

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CRS-7
Table 1. Comparison of Current Law, S. 1642 and H.R. 4137
Current Law
Senate-Passed (S. 1642)
House Education and Labor Committee-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
for which the institution awards
IHEs that provide a degree that is
a bachelor’s degree or provides
acceptable for admission to a
not less than a two-year
graduate or professional degree
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.

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CRS-8
Current Law
Senate-Passed (S. 1642)
House Education and Labor Committee-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
Title IV in the federal family educational loan
to 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 Direct Loan (DL) Program” under Title IV
in Table 1.)

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CRS-9
Current Law
Senate-Passed (S. 1642)
House Education and Labor Committee-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 Direct Loan (DL) Program” under Title IV
in Table 1.)
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.

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CRS-10
Current Law
Senate-Passed (S. 1642)
House Education and Labor Committee-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.”
“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 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.”

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CRS-11
Current Law
Senate-Passed (S. 1642)
House Education and Labor Committee-Passed
(H.R. 4137)
National Advisory Committee on Institutional Quality and Integrity (NACIQI).
The Secretary appoints the 15 members of
! Renames NACIQI the
! Retains current committee
NACIQI for three-year terms of office. The
Accreditation and Institutional
name.
committee advises the Secretary in several areas
Quality and Integrity Advisory
! Specifies that there will be 17
related to accreditation, including providing
Committee.
members, with 6 members being
guidance related to the establishment and
! Specifies that 5 members would
appointed by the Secretary, 6
enforcement of the standards of accrediting
be appointed by the Secretary, 5
appointed by the House of
agencies for Title IV purposes, advising the
members appointed by the House
Representatives (majority and
Secretary regarding the recognition of a specific
of Representatives, and 5
minority leader each
accrediting agency, and development of a list of
members appointed by the
recommend 3 members), and 6
nationally recognized accrediting agencies,
Senate.
appointed by the Senate
developing and recommending standards and
! Each member serves for six
(majority and minority leader
criteria for specific categories of institutions for
years.
each recommend 3 members).
which no recognized accrediting agency exists,
! Eliminates as a responsibility,
(Note: The number of members to be appointed
making recommendations related to the eligibility
development of standards and
by the Secretary, House, and Senate exceeds the
and certification process, and advising the
criteria for specific categories of
total number of committee members).
Secretary regarding the relationship between
institutions for which no
! Similar to Senate provision.
accreditation and the certification and eligibility
recognized accrediting agency
! Similar to Senate provision,
of IHEs, and IHEs and state licensing.
exists.
except adds that the committee
will take into consideration
complaints and the resolution of
such complaints by the
Accreditation Ombudsman when
advising the Secretary.

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CRS-12
Current Law
Senate-Passed (S. 1642)
House Education and Labor Committee-Passed
(H.R. 4137)
No similar provision.
No similar provision.
States that the committee may not deny 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. 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.

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CRS-13
Current Law
Senate-Passed (S. 1642)
House Education and Labor Committee-Passed
(H.R. 4137)
State Commitment to Affordable College Education.
No similar provision.
No similar provision.
Requires states to meet maintenance of effort
(MOE) requirements related to state funding for
public institutions. The MOE provision requires
state support for public institutions to equal or
exceed the average amount provided to public
institutions during the five most recent academic
years or during the preceding academic year.
Failure to meet MOE requirements results in the
state losing funds available to it under the
Leveraging Educational Assistance Partnership
program.
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.
Transparency in College Tuition for Consumers.
No similar provision.
Requires the Commissioner of the Bureau of
Similar to Senate provision, except Secretary
Labor Statistics (BLS) to develop higher education
authorized to use an “alternative, comparable
price indices that accurately reflect the annual
index” while the required indices are being
change in tuition and fees for undergraduate
developed. Also expands the list of institutional
students by specific institutional sectors (i.e., level
sectors for which indices must be developed.
and control of the institution).

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CRS-14
Current Law
Senate-Passed (S. 1642)
House Education and Labor Committee-Passed
(H.R. 4137)
No similar provision.
Requires the Secretary to annually publish a
Similar to Senate provision, except specifies that
national list and a list for each state, that ranks
the list must be published on the College
IHEs based on the percentage and dollar changes
Navigator site. The list must also be sortable by
in tuition and fees over the preceding two years.
state, institutional sector, percentage change in
Data must be reported by institutional sector.
tuition and fees, and dollar change in tuition and
fees.
No similar provision.
IHEs whose increase in tuition and fees exceeds
Similar to Senate provision, but lists must also
that of its applicable higher education price index
include data on common expenditures for
would be placed on the “Higher Education Price
institutions.
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.
No similar provision.
No similar provision.
Each IHE placed on the higher education price
increase watch list must establish a quality-
efficiency task force to review the operations of
the institution, including examining operating
costs compared with other IHEs. The results of
the review must be made available on the College
Navigator.
No similar provision.
No similar provision.
Includes exemptions related to the watch lists for:
an IHE whose price is in the lowest quartile of
institutions in its sector; or for an institution that
exceeds its relevant price index by a dollar
amount that is less than $500; or whose increase
in price is no more than the average of the index
plus $500 per year.

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CRS-15
Current Law
Senate-Passed (S. 1642)
House Education and Labor Committee-Passed
(H.R. 4137)
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.
No similar provision.
Requires the Secretary to develop net price
Similar to Senate provision.
calculators for each institutional sector no later
than one year after the date of enactment. Not
later than three years after the date of enactment,
IHEs receiving federal funds under the HEA must
adopt and use a net price calculator developed by
ED or by the IHE.
No similar provision.
Requires an IHE receiving funds authorized by the
Similar to Senate 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.

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CRS-16
Current Law
Senate-Passed (S. 1642)
House Education and Labor Committee-Passed
(H.R. 4137)
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.)
No similar provision.
Requires the Secretary to create a model
Similar to Senate provision, but adds three
document, the University and College
additional data elements (e.g., number of students
Accountability Network (U-CAN), that IHEs may
receiving Pell Grants).
use to annually report basic institutional
information. IHEs are not required to participate in
this data collection effort.
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.
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.

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CRS-17
Current Law
Senate-Passed (S. 1642)
House Education and Labor Committee-Passed
(H.R. 4137)
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.
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.
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.
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.

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CRS-18
Current Law
Senate-Passed (S. 1642)
House Education and Labor Committee-Passed
(H.R. 4137)
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
No similar 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.
Requirements for Lenders and Institutions Participating in Educational Loan Arrangements.
No similar provision.
Requires Title IV-eligible institutions that receive
Similar to Senate provision except specifies that
federal funding or assistance (referred to as
IHEs cannot allow a lender to use the IHE’s
“covered IHEs”), and enter into a loan
name or identity for marketing purposes in any
arrangement with a lender — under which the IHE
way that implies an institutional endorsement of
recommends the lender’s loans and receives a
private loans.
material benefit from the lender — to disclose the
name of the lender in loan documentation.

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CRS-19
Current Law
Senate-Passed (S. 1642)
House Education and Labor Committee-Passed
(H.R. 4137)
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.
Eligible lenders must provide a note or other
Requires Title IV lenders to provide written
! Similar to Senate provision
written agreement providing certain information
disclosures to prospective borrowers about the
except lenders must disclose
about the loan (section 435(d)). Additionally,
terms and conditions of loans, including interest
certain loan information to
IHEs are required to provide exit counseling to
rates, loan costs and fees, capitalization of interest,
borrowers before and during
borrowers (section 485(b)).
repayment plans, and repayment benefits, prior to
repayment; and contact
making a loan.
borrowers each year after 5
years has passed since a
borrower elected to repay to
ascertain if a plan with a
shorter repayment period would
reduce total interest payments
for the borrower.
! Requires IHEs to provide
student loan counseling to
prospective borrowers.
! Requires the Secretary to make
student loan counseling
information available to IHEs.
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.

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CRS-20
Current Law
Senate-Passed (S. 1642)
House Education and Labor Committee-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.

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CRS-21
Current Law
Senate-Passed (S. 1642)
House Education and Labor Committee-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.

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CRS-22
Current Law
Senate-Passed (S. 1642)
House Education and Labor Committee-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).

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CRS-23
Current Law
Senate-Passed (S. 1642)
House Education and Labor Committee-Passed
(H.R. 4137)
No similar provision.
No similar provision.
Requires IHEs that participate in federal student
loan programs or that have students who obtain
(Note: A fairly comparable provision is included
private educational loans to develop, publish,
in “Program Participation Agreement (PPA)”
administer, and enforce a Code of Conduct
under Title IV of Table 1.)
pertaining to educational loans, which shall:
! Prohibit conflicts of interest
with respect to educational
loans;
! Prohibit personnel with
responsibilities for educational
loans from soliciting or
accepting gifts from lenders,
guarantors, or servicers of
educational loans; and require
the Inspector General to
investigate any reported
violations.
! Prohibit contracting
arrangements between
responsible personnel (with
certain exceptions) from
receiving compensation for any
type of consulting arrangement.
! Prohibit covered IHEs from
entering into a revenue sharing
agreement with any lender.
! Prohibit covered IHEs from
requesting or accepting call
center or financial aid office
staffing assistance from any
lender.

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CRS-24
Current Law
Senate-Passed (S. 1642)
House Education and Labor Committee-Passed
(H.R. 4137)
No similar provision.
No similar provision.
Requires covered IHEs and lenders to comply
with Lender and Institutional Requirements
Relating to Educational Loans as a condition of
receiving federal funds or assistance. In the case
of noncompliance, the Secretary may limit,
terminate, or suspend participation in Title IV
loan programs; and impose a civil penalty of not
more than $25,000 for lenders, and for covered
IHEs that do not participate in a Title IV loan
program.
No similar provision.
No similar provision.
Requires the Secretary to study and report on the
feasibility of developing a National Electronic
Student Loan Marketplace, which would make
available a range of information on federal and
private educational loans.
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
organizations.
program; (iii) a partner institution; (iv) a school,
in 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.”

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CRS-25
Current Law
Senate-Passed (S. 1642)
House Education and Labor Committee-Passed
(H.R. 4137)
Defines “High-Need Local Educational Agency”
Amends the definition of a high-need LEA to read
Similar to Senate provision except the House uses
as one that serves a school in, “an area in which
as follows: “a local educational agency — (A)(i)
different locale codes and refers to them by their
there is: (A) a high percentage of individuals
for which not less than 20 percent of the children
labels rather than by their numbers; i.e., part
from families with incomes below the poverty
served by the agency are children from
(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.”
Defines “Partner Institution” as a private
Amends the definition as follows: “may include a
Same as the Senate provision.
independent or State-supported public IHE that
2-year institution of higher education offering a
demonstrates that graduates from its teacher
dual program with a 4-year institution of higher
training program exhibit strong performance on
education.”
state qualifying assessments and are required to
participate in intensive clinical experience.

---

CRS-26
Current Law
Senate-Passed (S. 1642)
House Education and Labor Committee-Passed
(H.R. 4137)
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
Childhood Educator,” “Educational Service
Research.” The House also states that the
Agency,” “Essential Components of Reading
“Teacher Mentoring” program, “provides paid
Instruction,” “Exemplary Teacher,” “High-Need
release time 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 Education and Labor Committee-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
grants to eligible partnerships. Requires funds to
program for the Pre-Baccalaureate Preparation of
except the House includes
be used for implementing reform of teacher
Teachers, a Teaching Residency Program, or both.
several provisions that describe
preparation programs, providing clinical
! Pre-Baccalaureate Program is
the purposes of the program and
experience including mentoring of prospective
similar to the partnership
use of funds for training rural,
teachers, and providing professional development
program but adds more detailed
multi-subject, AP/IB teachers,
that improves content knowledge for current
language on accountability and
or those who work with students
teachers. Also allows funds to be used for
use of funds for reforms.
who are learning (or otherwise)
preparing teachers to work with diverse
Expands the required uses of
disabled, limited English
populations, involving parents in program
funds for clinical experience and
proficient, or from
reform, disseminating information, coordinating
adds new required uses for
underrepresented populations.
reform efforts, developing school management
induction, support, and
! Provides additional language
and leadership, and recruiting new teachers into
recruitment.
regarding the use of funds for
the profession.
! Teaching Residency Program
teacher recruitment in the Pre-
gives new teachers and
Baccalaureate program
prospective mid-career
including underrepresented
professionals a one-year stipend
populations, rural communities,
to receive intensive training
shortage subject areas, mid-
toward a master’s degree and
career professions, former
requires that they teach for a
military personnel, and recent
minimum of three years in a
college graduates. Also includes
high-need school. The program
an additional use of funds for
would also give experienced
literacy training.
teachers the opportunity to serve
! House specifies that the Teacher
as mentor teachers in exchange
Residency Program may include
for full relief from their usual
consideration of applicants who
teaching duties.
reflect the communities in which
they will teach.

---

CRS-28
Current Law
Senate-Passed (S. 1642)
House Education and Labor Committee-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.
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.
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
include businesses and requires the Secretary to
include businesses and community organizations,
whose teacher preparation programs have a
consider an equitable geographic distribution of
and promote an equitable geographic distribution
rigorous selection process, and partnerships that
the grants throughout the U.S.
of grants among rural and urban areas.
include 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-29
Current Law
Senate-Passed (S. 1642)
House Education and Labor Committee-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-30
Current Law
Senate-Passed (S. 1642)
House Education and Labor Committee-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 5-year competitive grants to consortia of
Age Learners.” Limits awards to $2,000,000,
public and private entities to prepare teachers to
over 3-years with a possible 1-year renewal.
use technology. Grantees are required to cover at
Eliminates the 50% non-federal matching
least 50% of the cost of the program from
requirement. Also provides more details about
non-federal sources. Grantees are required to use
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-31
Current Law
Senate-Passed (S. 1642)
House Education and Labor Committee-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, 4-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 House authorizes a program entitled “Teach for America” under Title II. The Senate authorizes a
similar program under Title VIII. A side-by-side comparison of these provisions is located under the
section entitled “Teach for America” in Title VIII of Table 1.
No similar provision.
The House authorizes a program entitled "Early Childhood Education Professional Development and
Career Task Force" under Title II. The Senate authorizes a similar program under Title VIII. A
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 Table 1.
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).

---

CRS-32
Current Law
Senate-Passed (S. 1642)
House Education and Labor Committee-Passed
(H.R. 4137)
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.
The Secretary shall ensure maximum and
Establishes a new allocation formula whereby the
Similar to Senate provision except there is no
equitable distribution of funds among all eligible
Secretary can reserve 30% of the appropriation for
provision for the one-year construction grants.
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.

---

CRS-33
Current Law
Senate-Passed (S. 1642)
House Education and Labor Committee-Passed
(H.R. 4137)
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 U.S. Establishes
program in Title IV.
(Note: This program was added by the CCRAA,
P.L. 110-84.)
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.

---

CRS-34
Current Law
Senate-Passed (S. 1642)
House Education and Labor Committee-Passed
(H.R. 4137)
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
allotment, HBCUs must annually provide data on
institution did not enroll any
the following: number of Pell Grant recipients,
Pell Grant recipients, or
number of graduates from the preceding year, and
graduate any students in the
the number of students who enrolled in a graduate
previous academic year, or send
or professional program within last five years.
any students to graduate or
professional school, the IHE
shall not receive a grant.
! 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.
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.

---

CRS-35
Current Law
Senate-Passed (S. 1642)
House Education and Labor Committee-Passed
(H.R. 4137)
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; Langston University; Prairie
Prairie View A&M University; Langston
View A&M University; and University of the
University; West Virginia State University; and
District of Columbia Law School.
Grambling State University, Kentucky State
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.
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.

---

CRS-36
Current Law
Senate-Passed (S. 1642)
House Education and Labor Committee-Passed
(H.R. 4137)
Predominantly Black Institutions (PBIs).
A program entitled, “Predominantly Black Institutions” was added by the College Cost Reduction and Access Act, P.L. 110-84. The House authorizes a
similar program for PBIs under Title III. The Senate authorizes a similar program under Title VIII. A side-by-side comparison of these provisions is
located under the section entitled “Predominantly Black Institutions” in Title VIII of Table 1.
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.)
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.

---

CRS-37
Current Law
Senate-Passed (S. 1642)
House Education and Labor Committee-Passed
(H.R. 4137)
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.
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 fiscal year 2009 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-38
Current Law
Senate-Passed (S. 1642)
House Education and Labor Committee-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-39
Current Law
Senate-Passed (S. 1642)
House Education and Labor Committee-Passed
(H.R. 4137)
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.
No similar provision.
Requires that IHEs make payments for AC and
No similar provision.
SMART grants in the same manner as Pell .

---

CRS-40
Current Law
Senate-Passed (S. 1642)
House Education and Labor Committee-Passed
(H.R. 4137)
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.
following TRIO programs: Talent Search,
increases the minimum grant amount to $200,000
Upward Bound, Student Support Services,
for all programs except the staff development
McNair Postbaccalaureate Achievement, and
grants, which has a minimum of $170,000.
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.
criteria for measuring the quality and effectiveness
of the TRIO programs. Outcome criteria must be
disaggregated by the following categories: low-
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-41
Current Law
Senate-Passed (S. 1642)
House Education and Labor Committee-Passed
(H.R. 4137)
Authorizes numerous services for TRIO
Creates a new set of required services for each of
No similar provision.
programs, including assistance with academic
the TRIO programs that includes assistance with
matters, applications for college admission,
academic matters, applications for college
financial aid, and personal and career counseling.
admission, financial aid, and financial literacy.
No similar provision.
Establishes priority for Upward Bound projects
Requires Secretary to rescind absolute priority
that include at least 30% of first-time students
for Upward Bound participant selection (that at
who have a high risk of academic failure.
least 30% of first-time students who have a high
Prohibits the Secretary from denying participation
risk of academic failure and limiting initial
in Upward Bound to a student who enters the
program enrollment to 9th and 10th graders) and
program for the first time after the ninth grade.
evaluation published in Federal Register on
September 22, 2006.

---

CRS-42
Current Law
Senate-Passed (S. 1642)
House Education and Labor Committee-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
descriptive, longitudinal, and
recruit students to serve as an evaluation control
multi-cohort information, and be
group.
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-43
Current Law
Senate-Passed (S. 1642)
House Education and Labor Committee-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
Retains current law.
a scholarship component that provides students
eligibility requirements to receive a scholarship
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-44
Current Law
Senate-Passed (S. 1642)
House Education and Labor Committee-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
institutional funds.
requirement 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-45
Current Law
Senate-Passed (S. 1642)
House Education and Labor Committee-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
! Authorized activities include
partnership with IHEs whose combined
excess of $30 million.
partnerships with IHEs, private
enrollment represents less than half of all
corporations, philanthropic
students enrolled in the state; and 66.6% for
State SLEAP programs may consist of the
organizations, and other entities
states that apply in partnership with IHEs whose
following activities: increasing the dollar amount
to coordinate financial assistance
combined enrollment represents more than half
of grants under the LEAP program; carrying out
to low-income students;
of all students enrolled in the state.
transition programs from secondary school to
encouraging the participation of
postsecondary education for needy students;
low-income students in early
carrying out early intervention, mentoring, and
information and intervention
career education programs; and awarding merit or
mentoring, or outreach programs.
academic scholarships to needy students. The
federal share of funds may not exceed 33a% and
! States must apply in partnership
states must meet MOE requirements.
with private corporations or
philanthropic organizations, and
IHEs.
! 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-46
Current Law
Senate-Passed (S. 1642)
House Education and Labor Committee-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 2-year IHEs to 4-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 ½ of 1% of
Similar to Senate provision.
funds appropriated for HEP and CAMP for
outreach activities, technical assistance, and
professional development programs.
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 2 years.

---

CRS-47
Current Law
Senate-Passed (S. 1642)
House Education and Labor Committee-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
by the state, to high school students who
students.
“Robert C. Byrd Mathematics
demonstrate academic achievement and show
and Science Honors Scholarship
promise of continued achievement.
Program” and changes
eligibility criteria to 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 4 to 5 years.
! Mandates that students who do
not complete their degree
program or who do not work in
a related field for 5 years must
repay the award to the
managing agent.

---

CRS-48
Current Law
Senate-Passed (S. 1642)
House Education and Labor Committee-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.
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 eligibility.
services to low-income students. An IHE is
Also, expands definition of a low-income students
Expands definition of low-income students to
eligible for a grant if the total amount of Pell
to include those who would be eligible for Pell but
include those “whose income qualifies for
funds awarded to students enrolled at the IHE
for enrollment in graduate level programs or for
eligibility for Pell.”
equals or exceeds $350,000. The minimum grant
temporary U.S. status.
is $10,000.

---

CRS-49
Current Law
Senate-Passed (S. 1642)
House Education and Labor Committee-Passed
(H.R. 4137)
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.
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 conduct an evaluation of the
Grant converts to loan if recipient does not fulfill
program.
agreement to teach full-time in a high-need field
for four years.
(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.

---

CRS-50
Current Law
Senate-Passed (S. 1642)
House Education and Labor Committee-Passed
(H.R. 4137)
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.
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 Table 1.)
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.

---

CRS-51
Current Law
Senate-Passed (S. 1642)
House Education and Labor Committee-Passed
(H.R. 4137)
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.
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.
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
(Note: A fairly comparable provision, that would
certain information to borrowers regarding the
servicers to provide borrowers with certain
apply to IHEs in addition to lenders and loan
terms and conditions of their loans.
information on borrower benefits they offer, such
holders, is included in “Requirements for
as interest rate reductions and any limitations on
Lenders and Institutions Participating in
such benefits.
Educational Loan Arrangements” under Title I of
Table 1.)

---

CRS-52
Current Law
Senate-Passed (S. 1642)
House Education and Labor Committee-Passed
(H.R. 4137)
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.
Generally, an eligible lender is defined as a
! Revises restrictions on
! Revises the definition of
national or state chartered bank, a mutual savings
inducement, payments, mailings,
“eligible lender” to include
bank, a savings and loan association, a stock
and advertising by eligible
national and state chartered
savings bank, or a credit union.
lenders to address other items,
banks with assets of less than $1
such as payments for referrals,
billion.
A lender can be disqualified for various reasons,
finder fees, prizes, stock or other
including offering, directly or indirectly, points,
securities, travel, entertainment
(Note: A fairly comparable provision, that would
premiums, payments, or other inducements, to
expenses, tuition payment, and
apply to IHEs rather than lenders and requires
any IHE or other party to secure applicants for
additional financial aid funds.
IHEs to develop, publish, administer, and enforce
FFEL loans.
Expands the prohibition on
a Code of Conduct, is included in “Requirements
unsolicited mailings to apply to
for Lenders and Institutions Participating in
mailings by postal or electronic
Educational Loan Arrangements” under Title I of
means.
Table 1.)
! 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.

---

CRS-53
Current Law
Senate-Passed (S. 1642)
House Education and Labor Committee-Passed
(H.R. 4137)
IHEs may be eligible lenders; and eligible lenders
Terminates this authority on June 30, 2012.
Retains current law.
may serve as trustees for IHEs.
! Cohort default rates are
Retains current law.
! Revises calculation of cohort
calculated on the basis of
default rate to be calculated on
borrowers who default on their
the basis of borrowers who
loans by the end of the first
default on their loans before the
fiscal year after they enter
third fiscal year after the fiscal
repayment.
year in which they enter
! The Secretary is required to
repayment.
annually publish cohort default
! Similar to current law except
rate data for categories of IHEs.
the Secretary must also publish
“life of cohort default rate”
data, 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 borrowers who are unable to engage
Specifies that borrowers who receive a
become permanently and totally disabled (as
in gainful activity due to a medically determinable
permanent total disability rating from the
determined in accordance with regulations) may
physical or mental impairment, expected to result
Secretary of Veterans Affairs, and provide such
have their loans discharged.
in death, which has lasted or is expected to last
documentation to the Secretary, shall be
continuously for 60 months, shall have their loans
considered permanently and totally disabled for
discharged.
the discharge of student loans, and shall not be
required to present additional documentation.

---

CRS-54
Current Law
Senate-Passed (S. 1642)
House Education and Labor Committee-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 5
years of service.
Areas of national need include early childhood
educators, nurses, foreign language specialists,
librarians, certain highly qualified teachers,
child welfare workers, speech-language
pathologists, national service participants, school
counselors, certain public sector employees,
nutrition professionals, medical specialists, and
mental health professionals.
No similar provision.
No similar provision.
Establishes a Loan Repayment for Civil Legal
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 3 years, as
civil legal assistance attorney. The Secretary
may repay up to $6,000 per year; with an
aggregate total of $40,000.

---

CRS-55
Current Law
Senate-Passed (S. 1642)
House Education and Labor Committee-Passed
(H.R. 4137)
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.
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.

---

CRS-56
Current Law
Senate-Passed (S. 1642)
House Education and Labor Committee-Passed
(H.R. 4137)
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.
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-57
Current Law
Senate-Passed (S. 1642)
House Education and Labor Committee-Passed
(H.R. 4137)
According to agreements with IHEs for the
Retains current law.
! Revises the agreements to
payment of federal capital contributions, if an
authorize the Secretary to allow
IHE has not knowingly failed to maintain an
an IHE to refer a loan to the
acceptable collection record with respect to a
Secretary for collection and the
defaulted loan, the Secretary may allow the IHE
proceeds (less collection costs)
to
shall be repaid to the IHE and
! transfer the loan to the Secretary
treated as additional capital
for collection and the proceeds
contribution.
(less collection costs) may be
! Restricts the authority of the
reallocated to other IHEs, or
Secretary to prescribe fiscal
! refer the loan to the Secretary
controls requiring IHEs to
for collection and the proceeds
assign Perkins Loans to the
(less collection costs) shall be
Department, except in
repaid to the IHE and treated as
circumstances specified at HEA,
an additional capital
sections 463(a)(4)&(5).
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
professional students.
and 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
for all other students.
aggregate 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-58
Current Law
Senate-Passed (S. 1642)
House Education and Labor Committee-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 to include a
cancellation is also provided to full-time fire
! full-time staff member in a pre-
fighters.
kindergarten or child care
program that is licensed or
regulated by the state;
! 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.
Provides loan cancellation for these occupations,
and for service as a member of the armed forces in
an area of hostility, at the rate of 15% for the 1st
and 2nd years of service; 20% for the 3rd and 4th
years of service; and 30% for the 5th year of
service.
Perkins Loans borrowers who die or become
Specifies that borrowers who are unable to engage
Specifies that borrowers who receive a
permanently and totally disabled (as determined
in gainful activity due to a medically determinable
permanent total disability rating from the
in accordance with regulations) may have their
physical or mental impairment expected to result
Secretary of Veterans Affairs, and who provide
loans discharged.
in death, which has lasted or is expected to last
such documentation to the Secretary, shall be
continuously for 60 months, shall have their loans
considered permanently and totally disabled for
discharged.
the discharge of student loans; and that such
borrowers shall not be required to present
additional documentation.

---

CRS-59
Current Law
Senate-Passed (S. 1642)
House Education and Labor Committee-Passed
(H.R. 4137)
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.
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.

---

CRS-60
Current Law
Senate-Passed (S. 1642)
House Education and Labor Committee-Passed
(H.R. 4137)
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.
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.

---

CRS-61
Current Law
Senate-Passed (S. 1642)
House Education and Labor Committee-Passed
(H.R. 4137)
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.
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.

---

CRS-62
Current Law
Senate-Passed (S. 1642)
House Education and Labor Committee-Passed
(H.R. 4137)
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-63
Current Law
Senate-Passed (S. 1642)
House Education and Labor Committee-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, with
negatively impact students, IHEs, states or the
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-64
Current Law
Senate-Passed (S. 1642)
House Education and Labor Committee-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
subparts 1 and 3 of part A and part C until
under Title IV subpart 1 of part A. The provision
September 30, 2004.
would 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 fiscal year
2023)
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-65
Current Law
Senate-Passed (S. 1642)
House Education and Labor Committee-Passed
(H.R. 4137)
No similar provision.
! Authorizes students with
! Similar to Senate provision but
intellectual disabilities, who
limits participation to federal
would not otherwise qualify, as
grant or work assistance under
eligible for federal grant or work
section 401 and subpart 3 of
assistance under subparts 1 and 3
part A and part C of Title IV.
of Part A and Part C of Title IV.
! In addition to the exemptions in
! Eliminates certain student
the Senate bill, the House also
eligibility requirements to
exempts students who are not
receive aid including being
high school graduates.
accepted for enrollment in a
Requires the Secretary to issue
program leading to a recognized
regulations for programs
credential and maintaining
enrolling students with
satisfactory academic progress.
intellectual disabilities to
! Intellectual disability defined as
enable the programs to be
a person who: has a cognitive
considered eligible programs
impairment that substantially
for the purposes of the
affects intellectual and cognitive
aforementioned federal student
functioning; is eligible for
aid programs even if they do not
assistance under the Individuals
meet existing program
with Disabilities and Education
eligibility requirements for
and Improvement Act (IDEA)
these aid programs (e.g.,
and completed secondary school
instructional time
or who is no longer eligible for
requirements.)
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-66
Current Law
Senate-Passed (S. 1642)
House Education and Labor Committee-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
Same as Senate provision except no provision for
repay loans and grant overpayments are enforced.
Loan program against a defense raised by a
deceased students.
For example, in collecting on a defaulted FFEL
borrower based on a claim of infancy.
program loan, a guaranty agency or the Secretary
! In the case of a deceased student, neither the
shall not be subject to a defense raised by a
student’s estate nor the student’s estate shall
borrower based on a claim of infancy due to
be required to repay any Title IV aid, student
having borrowed a loan prior to reaching the age
loan interest, or collection costs.
of legal majority.
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-67
Current Law
Senate-Passed (S. 1642)
House Education and Labor Committee-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.
its academic programs.
No similar provision.
Requires IHEs to develop policies and sanctions
Similar to Senate provision.
related to copyright infringement.
No similar provision.
Requires IHEs to provide current and prospective
No similar provision.
students 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.
Requires IHEs to provide current and prospective
Requires IHEs to disaggregate data by gender,
No similar provision.
students with data on the completion or
race/ethnicity, receipt of Pell, receipt of specific
graduation rates of certificate or degree-seeking,
federal student loans, and receipt of other federal
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
IV loans to participate in an exit interview.
the borrower with a “clear and conspicuous
Arrangements” under Title I of Table 1.)
notice” regarding the effects of using a
consolidation loan.
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.

---

CRS-68
Current Law
Senate-Passed (S. 1642)
House Education and Labor Committee-Passed
(H.R. 4137)
IHEs may exclude from their reports on the
Adds that if these students represent 20% or more
Retains current law.
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.
Requires institutions to provide statistics on nine
Retains current law.
Expands the list of crimes to include
types of criminal offenses (e.g., murder, robbery).
intimidation; larceny-theft; destruction, damage,
or vandalism of property; and simple assault.
Requires institutions to report whether the victim
Retains current law.
Requires hate crime statistics to be reported by
of a crime was intentionally selected because of
degree-granting institutions only.
the individual’s actual or perceived race, gender,
religion, sexual orientation, ethnicity, or
disability.

---

CRS-69
Current Law
Senate-Passed (S. 1642)
House Education and Labor Committee-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 the Secretary to annually report to the
Similar to Senate provision.
authorizing committees regarding institutional
compliance with the disclosure of campus security
policies and crime statistics, and the Secretary’s
monitoring of such compliance.
No similar provision.
Allows the Secretary to work with the Attorney
Similar to Senate provision.
General to address the development and
dissemination of information about best practices
related to campus crime and safety.
No similar provision.
No similar provision.
Prohibits retaliation by an IHE or its employees,
officers, and agents against an individual for the
purpose of interfering with the implementation of
campus security policies or crime statistics
reporting provisions or because an individual has
complained, testified, assisted, or otherwise
participated in an investigation, proceeding, or
hearing.

---

CRS-70
Current Law
Senate-Passed (S. 1642)
House Education and Labor Committee-Passed
(H.R. 4137)
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.
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.

---

CRS-71
Current Law
Senate-Passed (S. 1642)
House Education and Labor Committee-Passed
(H.R. 4137)
No similar provision.
No similar provision.
Creates a program to encourage the
development, enhancement, and implementation
of articulation agreements among public
institutions to the extent practicable by 2010.
Requires the Secretary to study articulation
agreements at public, private nonprofit, and
private for-profit institutions.
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 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 Table 1.)
Requires institutions to provide voter registration
Allows propriety institutions to comply with the
Similar to Senate provision except would apply to
information to students.
requirement by transmitting voter registration
all IHEs.
information electronically.
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.)

---

CRS-72
Current Law
Senate-Passed (S. 1642)
House Education and Labor Committee-Passed
(H.R. 4137)
No similar provision.
Adds requirements related to preferred lender lists
No similar provision is added to the PPA.
maintained by IHEs. For example, IHEs must
disclose why each lender is on the preferred lender
(Note: A fairly comparable provision is included
list.
in “Requirements for Lenders and Institutions
Participating in Educational Loan
Arrangements” under Title I of Table 1.)
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 Table 1.)
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.

---

CRS-73
Current Law
Senate-Passed (S. 1642)
House Education and Labor Committee-Passed
(H.R. 4137)
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.
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.)

---

CRS-74
Current Law
Senate-Passed (S. 1642)
House Education and Labor Committee-Passed
(H.R. 4137)
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
! Does not include a provision for
for Title IV programs;
using tuition discounts that it
! funds used by students from a
provides that are based on
529 plan to pay institutional
academic merit or financial
charges;
need.
! funds paid by a student to the
institution for a training program
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-75
Current Law
Senate-Passed (S. 1642)
House Education and Labor Committee-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
compliance with the 90/10 rule.
to 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 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.

---

CRS-76
Current Law
Senate-Passed (S. 1642)
House Education and Labor Committee-Passed
(H.R. 4137)
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
No similar provision.
Loan FCC allotment to FSEOG and/or FWS; and
FSEOG allotment to FWS.
up to 25% of their FWS allotment to FSEOG.
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.

---

CRS-77
Current Law
Senate-Passed (S. 1642)
House Education and Labor Committee-Passed
(H.R. 4137)
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 designed to reduce and
eliminate illegal downloading and distribution of
intellectual property.
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.
No similar provision.
Requires an accrediting agency that already has or
Similar to Senate provision.
seeks to include the evaluation of distance
education programs within its scope of recognition
to demonstrate to the Secretary that its standards
effectively address the quality of distance
education programs in the same areas in which it
evaluates classroom-based programs. It does not
require IHEs to have separate standards for
courses or programs offered by distance
education.

---

CRS-78
Current Law
Senate-Passed (S. 1642)
House Education and Labor Committee-Passed
(H.R. 4137)
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
Retains current law.
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-79
Current Law
Senate-Passed (S. 1642)
House Education and Labor Committee-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-80
Current Law
Senate-Passed (S. 1642)
House Education and Labor Committee-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 must provide 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-81
Current Law
Senate-Passed (S. 1642)
House Education and Labor Committee-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-82
Current Law
Senate-Passed (S. 1642)
House Education and Labor Committee-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
IHEs.
an adequate opportunity to review and respond to
audit 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-83
Current Law
Senate-Passed (S. 1642)
House Education and Labor Committee-Passed
(H.R. 4137)
Timely Information About Loans.
No similar provision.
Requires lenders of a loan made, insured, or
No similar provision.
guaranteed under Title IV to provide specific
information to the borrower at designated times,
(Note: A fairly comparable provision, that would
including pertinent information about the loan for
apply to IHEs rather than lenders, is included in
each payment installment period, information at
“Requirements for Lenders and Institutions
least one month prior to the commencement of
Participating in Educational Loan
repayment, information provided during
Arrangements” under Title I of Table 1.)
delinquency, and information provided at least
twice during default.
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-84
Current Law
Senate-Passed (S. 1642)
House Education and Labor Committee-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-85
Current Law
Senate-Passed (S. 1642)
House Education and Labor Committee-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-86
Current Law
Senate-Passed (S. 1642)
House Education and Labor Committee-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
undergraduate institutions.”
efforts to increase the number of such students that
education address national needs, generate and
go into such service.”
disseminate 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-87
Current Law
Senate-Passed (S. 1642)
House Education and Labor Committee-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-88
Current Law
Senate-Passed (S. 1642)
House Education and Labor Committee-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 5-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-89
Current Law
Senate-Passed (S. 1642)
House Education and Labor Committee-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
award grants to IHEs and other entities to support
National Science Foundation, the Departments of
that train teachers in fields of math, science,
graduate programs in areas of national need.
Defense and Homeland Security, the National
special education, or limited English proficiency.
Academy of Sciences, and the BLS.
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.
The House authorizes a program entitled “Patsy T. Mink Fellowship Program” under Title VII. The
Senate authorizes a similar program under Title VIII. A side-by-side comparison of these provisions is
located under the section entitled “Patsy T. Mink Fellowship Program” in Title VIII of Table 1.

---

CRS-90
Current Law
Senate-Passed (S. 1642)
House Education and Labor Committee-Passed
(H.R. 4137)
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
language instruction; and (3) create consortia of
to 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 Table 1.)
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.
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.

---

CRS-91
Current Law
Senate-Passed (S. 1642)
House Education and Labor Committee-Passed
(H.R. 4137)
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.
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.

---

CRS-92
Current Law
Senate-Passed (S. 1642)
House Education and Labor Committee-Passed
(H.R. 4137)
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 House authorizes a program entitled “Additional Capacity for R.N. Students or Graduate-Level
Nursing Students” under Title VII. The Senate authorizes a similar program under Title VIII. A side-
by-side comparison of these provisions is located under the section entitled “Additional Capacity for
R.N. Students or Graduate-Level Nursing Students” in Title VIII of Table 1.
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.
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.

---

CRS-93
Current Law
Senate-Passed (S. 1642)
House Education and Labor Committee-Passed
(H.R. 4137)
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 Table 1.)
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.”

---

CRS-94
Current Law
Senate-Passed (S. 1642)
House Education and Labor Committee-Passed
(H.R. 4137)
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 Table 1.)
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 Table 1.).
grant under Titles III or V.
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-95
Current Law
Senate-Passed (S. 1642)
House Education and Labor Committee-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 Table 1.)
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-96
Current Law
Senate-Passed (S. 1642)
House Education and Labor Committee-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 3 years. (See section
statewide plans for professional development and
entitled, "Enhancing Teacher Education" under
careers for early childhood education providers,
Title II of Table 1.
including scholarships to students for up to
$17,500. Grants are for 5 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-97
Current Law
Senate-Passed (S. 1642)
House Education and Labor Committee-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-98
Current Law
Senate-Passed (S. 1642)
House Education and Labor Committee-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-99
Current Law
Senate-Passed (S. 1642)
House Education and Labor Committee-Passed
(H.R. 4137)
Student Loan Clearinghouse.
No similar provision.
Requires the Secretary to establish at least one
No similar provision.
clearinghouse of information on student loans,
including Title IV student loans and private loans,
for undergraduate and graduate students that
provides information on available interest rates
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 of
technology infrastructure at MSIs.
1980” under Title IX of Table 1.)

---

CRS-100
Current Law
Senate-Passed (S. 1642)
House Education and Labor Committee-Passed
(H.R. 4137)
Low Tuition.
No similar provision.
No similar provision.
Establishes a new program that authorizes the
Secretary to award competitive 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 higher
education price index for that sector. Funds
received by the institution must be used to
provide need-based 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
have an annual percentage increase in net tuition
that exceeds the percentage increase in the
relevant higher education price index for that
sector.
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-101
Current Law
Senate-Passed (S. 1642)
House Education and Labor Committee-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-102
Current Law
Senate-Passed (S. 1642)
House Education and Labor Committee-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 5
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 3 to 5 years,
with a priority for IHEs with more than half of
students enrolling in developmental coursework.
Project GRAD.
No similar provision.
The House authorizes a program entitled “Project GRAD” under Title VIII. The Senate authorizes a
similar program under Title VII. A side-by-side comparison of these provisions is located under the
section entitled “Fund for the Improvement of Postsecondary Education (FIPSE)” in Title VII of Table
1.
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.

---

CRS-103
Current Law
Senate-Passed (S. 1642)
House Education and Labor Committee-Passed
(H.R. 4137)
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.
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.

---

CRS-104
Current Law
Senate-Passed (S. 1642)
House Education and Labor Committee-Passed
(H.R. 4137)
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.
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.

---

CRS-105
Current Law
Senate-Passed (S. 1642)
House Education and Labor Committee-Passed
(H.R. 4137)
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 4 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 3 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.
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 5 years.

---

CRS-106
Current Law
Senate-Passed (S. 1642)
House Education and Labor Committee-Passed
(H.R. 4137)
No similar provision.
No similar provision.
Requires Secretaries of Education and of Labor
to report to Congress within 3 years of
enactment, with recommendations for amending
the HEA and related vocational, education, and
training acts to facilitate linkages between
colleges and workforce development.
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.
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.

---

CRS-107
Current Law
Senate-Passed (S. 1642)
House Education and Labor Committee-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.

---

CRS-108
Current Law
Senate-Passed (S. 1642)
House Education and Labor Committee-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-109
Current Law
Senate-Passed (S. 1642)
House Education and Labor Committee-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-110
Current Law
Senate-Passed (S. 1642)
House Education and Labor Committee-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 only
studies of selected topics.
! Study of Market Mechanisms in
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 only
and includes a Sense of the Congress regarding
! Community Scholarship
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-111
Current Law
Senate-Passed (S. 1642)
House Education and Labor Committee-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-112
Current Law
Senate-Passed (S. 1642)
House Education and Labor Committee-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.
No similar provision.
Amends Title I of the Omnibus Crime Control and
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 3 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-113
Current Law
Senate-Passed (S. 1642)
House Education and Labor Committee-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 Policy
Services to establish and operate a National
Center for Campus Public Safety.
Stevenson-Wydler Technology Innovation Act of 1980.
No similar provision.
The House authorizes a program entitled “Minority Serving Institution Digital and Wireless
Technology Opportunity Program” under Title IX. The Senate authorizes a similar program under
Title VIII. A side-by-side comparison of these provisions is located under the section entitled
“Minority Serving Institutions for Advanced Technology and Education” in Title VIII of Table 1.
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 covered IHEs from
and cost of credit.
engaging in revenue sharing;
! prohibit co-branding of private
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-114
Current Law
Senate-Passed (S. 1642)
House Education and Labor Committee-Passed
(H.R. 4137)
The TILA requires creditors to disclose certain
Retains current law.
Amends the TILA to
information regarding consumer credit not under
! require the disclosure of
open end credit plans.
certain information about the
cost of credit regarding private
educational loans in loan
applications and solicitations,
and upon loan approval and
consummation;
! require private educational
lenders to notify IHEs in writing
of any proposed extension of
credit to borrowers of $1,000 or
more;
! grants borrowers of private
educational loans 30 days after
approval to accept the terms of
the loan and to consummate the
transaction without change; and
! grant borrowers of private
educational loans a 3 day right
to cancel.
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.
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-115
Current Law
Senate-Passed (S. 1642)
House Education and Labor Committee-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.

---