

Order Code RL34283
Higher Education Act Reauthorization in the 110th
Congress: A Comparison of Major Proposals
Updated July 30, 2008
Blake Alan Naughton, Coordinator
Analyst in Education Policy
Domestic Social Policy Division
Rebecca R. Skinner, David P. Smole,
Jeffrey J. Kuenzi, and Ann Lordeman
Specialists in Education Policy
Domestic Social Policy Division
Higher Education Act Reauthorization in the 110th
Congress: A Comparison of Major Proposals
Summary
The Higher Education Act of 1965 (HEA) as amended, authorizes the federal
government’s major federal student aid programs (Title IV), as well as other
programs which provide institutional aid and support (Titles II, III and V). In
addition, the HEA authorizes services and support to less-advantaged students (select
Title IV programs), and to students pursuing international education and certain
graduate and professional degrees (Titles VI and VII). The programs authorized by
the HEA are administered by the U.S. Department of Education (ED), and made
available an estimated 66% ($86 billion) of all federal, state and institutional aid
awarded to postsecondary students in 2006-2007 (excluding tax benefits).
The 108th and 109th Congresses each considered but did not complete the HEA
reauthorization process. For the 110th Congress, the Higher Education Amendments
of 2007 (S. 1642) was introduced by Senator Kennedy on June 18, 2007; approved
by the Senate Health, Education, Labor, and Pensions Committee (HELP) on July 10;
and passed by the full Senate on July 24, 2007. Similarly, the College Opportunity
and Affordability Act of 2008 (H.R. 4137) was introduced by Representative Miller
on November 9, 2007; approved by the House Education and Labor Committee on
November 15, 2007; and passed by the full House on February 7, 2008. A
conference committee approved a compromise on July 29, 2008, recommending an
amended H.R. 4137, to be called the Higher Education Opportunity Act, to both
chambers for approval.
This report provides a side-by-side comparison of the HEA reauthorization
proposals in the Senate-passed version of S. 1642 and the House-passed version of
H.R. 4137 to current law. The side-by-side is generally organized to correspond with
the organization of S. 1642.
This report will be updated following major legislative developments.
Key CRS Staff Members on Higher Education Issues
Major Areas of Responsibility
Contact
Telephone
Student loans (FFEL and DL), campus-
David Smole
7-0624
based student aid programs (FSEOG,
FWS, and Perkins loans), and
postsecondary education finance
Pell Grants, need analysis, college cost
Blake Naughton
7-0376
and price, institutional eligibility,
minority-serving institutions, community
colleges, LEAP, graduate education
programs, FIPSE, and general higher
education issues
TRIO, GEAR-UP, international education,
Jeff Kuenzi
7-8645
and teacher quality
Postsecondary students with disabilities
Ann Lordeman
7-2323
Contents
Overview . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
Title I . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
Title II . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
Titles III and V . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
Title IV . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
Part A: Grants to Students . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
Part B: Federal Family Education Loan Program . . . . . . . . . . . . . 5
Part E: Perkins Loans . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
Part F: Need Analysis . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
Part G: General Provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
Part H: Program Integrity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
Title VI . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
Title VII . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
Table 1. Comparison of Current Law, S. 1642 and H.R. 4137 . . . . . . . . . . . . . . . 7
Title I: General Provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
Institutions of Higher Education (IHEs) . . . . . . . . . . . . . . . . . . . . 7
Additional Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
Protection of Student Speech and Association Rights . . . . . . . . . 10
National Advisory Committee on Institutional Quality
and Integrity (NACIQI) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
Drug and Alcohol Abuse Prevention . . . . . . . . . . . . . . . . . . . . . . 12
State Commitment to Affordable College Education . . . . . . . . . 13
Transparency in College Tuition for Consumers . . . . . . . . . . . . . 14
Textbook Information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
Student Information Databases . . . . . . . . . . . . . . . . . . . . . . . . . . 19
Endowment Reporting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
In-State Tuition for Members of the Armed Forces . . . . . . . . . . . 19
Easy-to-Find Information on Student Financial Aid . . . . . . . . . . 19
State Higher Education Information System Pilot Program . . . . 20
Performance Based Organization (PBO) . . . . . . . . . . . . . . . . . . . 20
Requirements for Lenders and Institutions Participating
in Educational Loan Arrangements . . . . . . . . . . . . . . . . . . . 21
Title II: Teacher Quality Enhancement . . . . . . . . . . . . . . . . . . . . . . . . 25
Teacher Quality Partnership Grants . . . . . . . . . . . . . . . . . . . . . . . 25
Partnership Grants . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
Accountability for Programs that Prepare Teachers . . . . . . . . . . 31
Preparing Tomorrow’s Teachers to Use Technology . . . . . . . . . 32
Enhancing Teacher Education . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
Title III: Institutional Aid . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
Strengthening Institutions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
American Indian Tribally Controlled Colleges
and Universities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
Alaska Native and Native Hawaiian-Serving Institutions . . . . . . 35
Native American-Serving, Non-Tribal Institutions . . . . . . . . . . . 35
Historically Black Colleges and Universities (HBCUs) . . . . . . . 36
Historically Black Colleges and Universities, Professional
or Graduate Institutions . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
Historically Black College and University Capital Financing
Program . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
Predominantly Black Institutions (PBIs) . . . . . . . . . . . . . . . . . . . 38
Asian American and Native American Pacific Islander-
Serving Institutions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
Endowment Challenge Grants for Institutions Eligible
Under Part A or Part B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
Programs in STEM Fields . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
Waiver Authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
Title IV: Student Assistance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
Federal Pell Grants . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
Academic Competitiveness (AC) and Science Mathematics
Access to Retain Talent (SMART) Grants . . . . . . . . . . . . . 42
Federal TRIO Programs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
Gaining Early Awareness and Readiness for Undergraduate
Programs (GEAR UP) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
Academic Achievement Incentive Scholarships . . . . . . . . . . . . . 47
Federal Supplemental Educational Opportunity Grants
(FSEOG) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47
Leveraging Educational Assistance Partnership (LEAP)
Program . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48
Special Programs for Students Whose Families Are Engaged
in Migrant and Seasonal Farmwork . . . . . . . . . . . . . . . . . . . 49
Robert C. Byrd Honors Scholarship Program . . . . . . . . . . . . . . . 50
Mathematics and Science Incentive Program . . . . . . . . . . . . . . . 51
Foreign Language Partnerships . . . . . . . . . . . . . . . . . . . . . . . . . . 51
Adjunct Teacher Corps . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
Child Care Access Means Parents in School . . . . . . . . . . . . . . . . 52
Learning Anytime Anywhere Partnerships . . . . . . . . . . . . . . . . . 52
Teacher Education Assistance for College and Higher
Education (TEACH) Grants . . . . . . . . . . . . . . . . . . . . . . . . . 53
Federal Family Education Loan (FFEL) Program and
William D. Ford Direct Loan (DL) Program . . . . . . . . . . . . 53
Federal Work-Study (FWS) Programs . . . . . . . . . . . . . . . . . . . . . 61
Federal Perkins Loans . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62
Need Analysis: Cost of attendance . . . . . . . . . . . . . . . . . . . . . . . 65
Need Analysis: Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65
Definition of an Academic Year . . . . . . . . . . . . . . . . . . . . . . . . . 66
Compliance Calendar . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66
Forms and Regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66
Student Eligibility . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69
Data Analysis on Access to Federal Student Aid for
Certain Populations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72
Statute of Limitations and State Court Judgments . . . . . . . . . . . . 72
Institutional Refunds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72
Institutional and Financial Assistance Information
for Students . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73
Program Participation Agreement (PPA) . . . . . . . . . . . . . . . . . . . 77
Regulatory Relief and Improvement: Quality Assurance
Program (QAP) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82
Transfer of Allotments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82
Advisory Committee on Student Financial Assistance
(ACSFA) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 83
Campus-Based Digital Theft Prevention . . . . . . . . . . . . . . . . . . . 83
Recognition of Accrediting Agency or Association . . . . . . . . . . 83
Administrative Capacity Standard . . . . . . . . . . . . . . . . . . . . . . . . 87
Accreditation Ombudsman . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 88
Program Review and Data . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 88
Timely Information About Loans . . . . . . . . . . . . . . . . . . . . . . . . 89
Title V: Developing Institutions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 89
Hispanic Serving Institutions (HSIs) . . . . . . . . . . . . . . . . . . . . . . 89
Title VI: International Education Programs . . . . . . . . . . . . . . . . . . . . 90
International and Foreign Language Studies . . . . . . . . . . . . . . . . 90
Graduate and Undergraduate Language and Area Centers
and Programs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 90
Business and International Education Programs . . . . . . . . . . . . . 92
Institute for International Public Policy . . . . . . . . . . . . . . . . . . . . 93
Title VII: Graduate and Postsecondary Improvement Programs . . . . 95
Graduate Student and Program Assistance . . . . . . . . . . . . . . . . . 95
Fund for the Improvement of Postsecondary Education
(FIPSE) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 96
Urban Community Service Program . . . . . . . . . . . . . . . . . . . . . . 97
Demonstration Projects to Ensure Students with Disabilities
Receive a Quality Higher Education . . . . . . . . . . . . . . . . . . 97
Research Grants . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 98
Nursing Education . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 98
Title VIII: Miscellaneous Additional Programs . . . . . . . . . . . . . . . . . . 99
Mathematics and Science Scholars Program . . . . . . . . . . . . . . . . 99
Postsecondary Education Assessment . . . . . . . . . . . . . . . . . . . . . 99
Job Skill Training in High-Growth Occupations or Industries . . 99
Additional Capacity for R.N. Students or Graduate-Level
Nursing Students . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 99
American History for Freedom . . . . . . . . . . . . . . . . . . . . . . . . . 100
Teach For America . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100
Patsy T. Mink Fellowship Program . . . . . . . . . . . . . . . . . . . . . . 100
Improving College Enrollment by Secondary Schools . . . . . . . 101
Predominantly Black Institutions (PBIs) . . . . . . . . . . . . . . . . . . 102
Early Childhood Education Professional Development and
Career Task Force . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 103
Improving Science, Technology, Engineering, and
Mathematics (STEM) Education with a Focus on
Alaska Native and Native Hawaiian Students . . . . . . . . . . 103
Pilot Program to Increase Persistence in Community Colleges . 103
Student Safety and Campus Emergency Management . . . . . . . 104
School of Veterinary Medicine Competitive Grant Program . . 105
Early Federal Pell Grant Commitment Demonstration
Program . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 105
Henry Kuualoha Giugni Kupuna Memorial Archives . . . . . . . . 105
Student Loan Clearinghouse . . . . . . . . . . . . . . . . . . . . . . . . . . . 106
Minority Serving Institutions for Advanced Technology
and Education . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 106
Low Tuition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 107
Cooperative Education . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 107
College Partnership Grants . . . . . . . . . . . . . . . . . . . . . . . . . . . . 108
Student Success Grants . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 109
Jobs to Careers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 109
Project GRAD . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 109
Diploma Mill Prevention . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 110
Rural Development Grants for Rural Colleges
and Universities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 111
National Database on Financial Assistance for Study of
Science, Technology, Engineering, and Mathematics . . . . 111
Training for Realtime Writers . . . . . . . . . . . . . . . . . . . . . . . . . . 111
Centers of Excellence in Veteran Student Success . . . . . . . . . . 112
University Sustainability Programs . . . . . . . . . . . . . . . . . . . . . . 112
Modeling and Simulation Programs . . . . . . . . . . . . . . . . . . . . . 112
Business Workforce Partnerships . . . . . . . . . . . . . . . . . . . . . . . 113
Path to Success Program . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 113
National Undergraduate Fellows Program . . . . . . . . . . . . . . . . . 113
Readmission Requirements for Service Members . . . . . . . . . . . 114
Pilot Program for Course Material Rental . . . . . . . . . . . . . . . . . 114
Studies and Reports . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 115
Title IX: Amendments to Other Laws . . . . . . . . . . . . . . . . . . . . . . . . 116
Education of the Deaf Act of 1986 (EDA) . . . . . . . . . . . . . . . . 116
Higher Education Amendments of 1998 . . . . . . . . . . . . . . . . . . 118
Grants to States for Workplace and Community Transition
Training for Incarcerated Youth Offenders . . . . . . . . . . . . 119
Tribally Controlled College or University Assistance Act
of 1978 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 119
Navajo Community College Act . . . . . . . . . . . . . . . . . . . . . . . . 120
Loan Repayment for Prosecutors and Public Defenders . . . . . . 120
National Center for Campus Public Safety . . . . . . . . . . . . . . . . 121
Stevenson-Wydler Technology Innovation Act of 1980 . . . . . . 121
Title X: Private Student Loan Transparency and Improvement . . . . 121
Higher Education Act Reauthorization
in the 110th Congress:
A Comparison of Major Proposals
The Higher Education Act of 1965 (HEA) as amended, authorizes the federal
government’s major federal student aid programs (Title IV), as well as other
programs which provide institutional aid and support (Titles II, III, and V). In
addition, the HEA authorizes services and support to less-advantaged students (select
Title IV programs) and to students pursuing international education and certain
graduate and professional degrees (Titles VI and VII). The programs authorized by
the HEA are administered by the U.S. Department of Education (ED), and made
available an estimated 66% ($86 billion) of all federal, state, and institutional aid
awarded to postsecondary students in 2006-2007 (excluding tax benefits).1 For
additional information about the HEA see CRS Report RL34214, A Primer on the
Higher Education Act, by Blake Alan Naughton.
The HEA was last comprehensively reauthorized by the Higher Education
Amendments of 1998 (P.L. 105-244), which expired September 30, 2003. Since the
initial expiration of the authorization, there have been several temporary extensions,2
the last of which — P.L. 110-256 — authorizes the programs and activities of the
HEA through July 31, 2008. Most recently, S. 3352 was passed by the Senate on
July 28 and passed by the House on July 30. If signed by the President, the
authorization of the HEA would be extended to August 15, 2008.
The 108th and 109th Congresses each considered but did not complete the HEA
reauthorization process. For the 110th Congress, the Higher Education Amendments
of 2007 (S. 1642) was introduced by Senator Kennedy, chairman of the Senate
Health, Education, Labor, and Pensions (HELP) Committee, on June 18, 2007,
approved by the HELP Committee on July 10, 2007 (S.Rept. 110-231), and passed
by the full Senate on July 24, 2007. Similarly, Representative Miller, chairman of
the House Education and Labor Committee, introduced the College Opportunity and
Affordability Act of 2007 (H.R. 4137) on November 9, 2007, and it was approved
by the committee on November 15, 2007 (H.Rept. 110-500). H.R. 4137 (with its
1 The College Board, Trends in Student Aid 2007.
2 The original termination date for most of the provisions of the HEA was September 30,
2003, which was the original date enacted by the Higher Education Amendments of 1998.
This termination date was extended through FY2004 by the General Education Provisions
Act (GEPA). A series of subsequent measures — P.L. 108-366, P.L. 109-81, P.L. 109-150,
P.L. 109-212. P.L. 109-238, P.L. 109-292, P.L. 110-44, P.L. 110-51, P.L. 110-109, P.L. 110-
198, P.L. 110-230, P.L. 110-238, and P.L. 110-256 — have temporarily extended the HEA
program and provision authority.
CRS-2
name changed to the College Opportunity and Affordability Act of 2008) passed the
full House on February 7, 2008.
On July 29, 2008, conferees were named and met to reach agreement on
differences between the two bills. The conference committee reported an amended
version of H.R. 4137 and renamed the legislation as the Higher Education
Opportunity Act (H.Rept. 110-803).
Similar to the occurrence during the 109th Congress, during the first session of
the 110th Congress the reauthorization of the HEA became heavily intertwined with
the budget reconciliation process, as both the Senate HELP Committee and the
House Education and Labor Committee reported reconciliation recommendations that
made numerous changes to programs and provisions contained in the HEA. The
College Cost Reduction and Access Act (CCRAA) of 2007 (P.L. 110-84) was signed
into law on September 27, 2007.3 The CCRAA made significant changes to the
Federal Family Education Loan (FFEL) program, the William D. Ford Federal Direct
Loan (DL) program, Pell Grant program, and the federal need analysis formula.
Notably, the CCRAA also reauthorized the Pell Grant program through Fiscal Year
(FY) 2017. The Higher Education Reconciliation Act (HERA), passed as part of the
Deficit Reduction Act of 2005 (P.L. 109-171), which was signed into law on
February 8, 2006, extended several program authorization provisions within the
FFEL and DL programs.4 Sweeping amendments affecting some of the HEA’s major
programs have been adopted through the two aforementioned reconciliation
measures. In addition, significant changes to the student loan programs were enacted
as a part of the Ensuring Continued Access to Student Loans Act (ECASLA) of 2008
(P.L. 110-227), which addressed concerns about the availability of student loans
given current economic conditions, including changes to loan terms and the lender
of last resort provisions.5 As a result of HERA, CCRAA, and ECASLA, the current
reauthorization bills are less focused on some of the larger HEA programs than has
typically been the case in other reauthorizations.
It should also be noted that changes adopted through the CCRAA were passed
by the full Senate on July 20, 2007, four days prior to the passage of the Senate HEA
reauthorization bill; thus some of the provisions contained in S. 1642 were addressed
in the CCRAA. These provisions are noted where applicable.
This report provides a side-by-side comparison of the HEA reauthorization
proposals in the Senate-passed version of S. 1642 and the House-passed version of
3 For additional information about the changes made to HEA programs through the CCRAA,
see CRS Report RL34077, Student Loans, Student Aid, and FY2008 Budget Reconciliation,
by Adam Stoll, David P. Smole, and Charmaine Mercer.
4 For additional information about the changes made to HEA programs through the HERA,
see CRS Report RS22308, Student Loans and FY2006 Budget Reconciliation, by Adam
Stoll.
5 For additional information about the changes made to HEA programs through ECASLA,
see CRS Report RL34452, Proposals to Ensure the Availability of Federal Student Loans
During an Economic Downturn: A Brief Overview of H.R. 5715 and S. 2815, by David P.
Smole.
CRS-3
H.R. 4137 to current law. The side-by-side generally corresponds with the
organization of S. 1642, thus the provisions included in Table 1 correspond to the
layout of S. 1642. To locate a particular program or provision in Table 1, it is
suggested that you locate the program/provision in the table of contents, which
includes a specific page number for all HEA titles, both existing and proposed titles,
as well as the major programs and provisions that are being reauthorized.
The report begins with a brief overview of the titles and major programs of the
HEA, and includes a short summary of the larger issues and proposed changes in S.
1642 and H.R. 4137 for each title. Unless otherwise noted, the proposed changes
identified in the section that follows are contained in both the Senate and House
reauthorization bills.
It is important to note that the side-by-side comparison, which is presented in
Table 1, is intended to provide a summary of the larger issues and changes addressed
in the two bills as they compare to current law. Thus, this analysis does not attempt
to capture all of the changes that would be made by the proposed bills. The phrase
“Similar to Senate/House provision” is used in Table 1 to denote that the proposed
provision in one bill is substantively comparable to the other bill, and there are no
major differences, unless otherwise noted. Finally, S. 1642 and H.R. 4137 both
include provisions that extend the authorization of appropriations for most HEA
programs for several years, often until FY2013. Specific program authorizations,
however, are not discussed in this report.
Overview
There are seven titles of the HEA that authorize numerous programs and
provisions designed to provide assistance to postsecondary students and institutions.
The seven titles of the HEA are as follows:
! Title I — General Provisions
! Title II — Teacher Quality Enhancement
! Title III — Institutional Aid
! Title IV — Student Assistance
! Title V — Developing Institutions
! Title VI — International Education Programs; and
! Title VII — Graduate and Postsecondary Improvement Programs.
Title I. Title I primarily provides the general provisions and definitions that
govern most of the programs authorized by the HEA. For example, it includes many
of the institutional reporting requirements, important definitions such as “institution
of higher education” (IHE) and authorizes a performance based organization (PBO)
to administer federal student aid within ED. The major changes proposed include the
following:
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! Modification of the definitions of an IHE, including elimination of
the requirement that proprietary institutions earn at least 10% of
their revenue from non-Title IV sources (referred to as the 90/10
rule) as a condition of Title IV eligibility.
! Establishment of new requirements related to making college tuition
information available to the public, including the development of
higher education price indices and net price calculators.
! Establishment of new disclosure and reporting requirements for
lenders and institutions participating in educational loan
arrangements.
Title II. Title II is the source of grants for improving teacher education
programs, strengthening teacher recruitment efforts, and providing training for
prospective teachers. This title also includes the reporting requirements for states
and IHEs regarding quality of teacher education programs. The major changes
proposed include the following:
! Elimination of the Title II-A State and Recruitment grants.
! Modification of the definition of a “high-need local educational
agency” (LEA) as an eligible entity for the Partnership grant
program to include large, high-poverty LEAs or small, rural LEAs.
! Modification of use of funds for Partnership grants to include
support for a pre-baccalaureate preparation program, a teacher
residency program, and a leadership development program (House
only).
! Introduction of additional accountability, evaluation, and reporting
requirements regarding traditional teacher preparation programs and
new requirements for programs offering alternative routes to
certification.
Titles III and V. Titles III and V are the primary sources of institutional
support authorized by the HEA. Both titles award grants to IHEs to strengthen their
academic, administrative, and financial capabilities. Title III includes provisions for
IHEs that serve large numbers of needy students, tribal colleges and universities,
Alaska Native and Native Hawaiian-serving institutions, and historically black
colleges and universities. Title V authorizes funds for Hispanic-serving institutions.
The major changes proposed include the following:
! Establishment of the Promoting Postbaccalaureate Opportunities for
Hispanic Students program.
! In the Senate bill, establishment of a new program, the Native
American-serving non-tribal institution program.
Title IV. Programs authorized under Title IV are the primary source of federal
aid to support postsecondary education. The largest Title IV student aid programs
are the Pell Grant program and the FFEL and DL programs. Additionally, there are
several other smaller student aid programs, Federal Supplemental Educational
Opportunity Grants (FSEOG), Federal Work-Study (FWS), and Federal Perkins
Loans — collectively known as the campus-based programs, and the Leveraging
Educational Assistance Partnership (LEAP) program. Title IV also authorizes
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programs for student services. The federal TRIO programs and the Gaining Early
Awareness and Readiness for Undergraduate Programs (GEAR UP) both provide
less-advantaged students with support services to help them complete high school,
and enter and persist through college. The major changes proposed include the
following.
Part A: Grants to Students.
! Authorization of up to two Pell Grant awards in a single academic
year for select students.
! In the Senate bill, expansion of eligibility for Academic
Competitiveness and National Science and Mathematics Access to
Retain Talent (SMART) grants to include students who are enrolled
half-time, pursuing a one-year or two-year certificate, or are enrolled
in programs that require five years of study.
Part B: Federal Family Education Loan Program.
! Establishment of additional requirements pertaining to the disclosure
of additional information to borrowers regarding the capitalization
of interest on federal student loans and the consequences of
consolidating federal student loans.
! Establishment of new loan forgiveness and repayment programs.
Part E: Perkins Loans.
! Expansion of the types of public service occupations for which
Perkins Loans may be canceled.
! In the House bill, increasing the annual and aggregate loan limits for
Perkins Loans.
Part F: Need Analysis.
! Modification of the definition of room and board to include a room
and board allowance for students who live in housing located on a
military base or who receive a basic allowance for housing.
! Exclusion of the value of military housing or a military housing
allowance received by a student or his/her parent from consideration
as untaxed income or benefits in the need analysis formula.
Part G: General Provisions.
! Addition of several requirements regarding information IHEs must
make available to enrolled and prospective students, including the
institution’s transfer of credit policy, copyright infringement
policies, campus emergency response and evacuation policies, and
fire safety practices and standards.
! Addition of new requirements for the Program Participation
Agreement (PPA), such as the inclusion of the 90/10 rule for
proprietary schools, and a code of conduct for student loans.
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Part H: Program Integrity.
! Addition of several new accreditation provisions including those
related to the stated mission of the IHE, distance education, public
disclosure of an IHE’s transfer of credit policy, and due process
requirements for an IHE opposing an adverse action taken by an
accrediting agency.
Title VI. Title VI authorizes a variety of grants to IHEs and related entities to
enhance instruction in foreign language and area studies. The international education
program reflects the special priority placed by the federal government on foreign
language and area studies, especially with respect to diplomacy, national security, and
trade competitiveness. The major changes proposed include
! Addition of a requirement that undergraduate students engaged in
intermediate or advanced study be eligible for fellowships currently
limited to graduate students.
Title VII. There are three graduate fellowship programs authorized under Title
VII that are focused on specific graduate and professional degrees. In addition, the
title authorizes the Fund for the Improvement of Postsecondary Education (FIPSE).
The major changes proposed include the following:
! Establishment of new programs and authorized uses of funds under
FIPSE, including a scholarship program for families of veterans and
members of the military.
In addition to these seven titles, both S. 1642 and H.R. 4137 would establish a
new title to the HEA, Title VIII, which would include many new programs and other
miscellaneous provisions. Title IX of both bills and Title X of the House bill would
not create a new title of the HEA, but would amend other acts (including non-HEA
programs and provisions created by the Higher Education Amendments of 1998).
These three titles are discussed last in Table 1 to denote that they currently are not
a part of the HEA.
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Table 1. Comparison of Current Law, S. 1642 and H.R. 4137
Current Law
Senate-Passed (S. 1642)
House-Passed (H.R. 4137)
Title I: General Provisions.
Institutions of Higher Education (IHEs).
Selected provisions from the Section 101
Includes the following changes to this definition:
Similar to Senate provision.
definition of an IHE:
! Expands criteria for institutional
! An IHE must provide a program
eligibility under Section 101 to
Further expands the criteria for students who may
for which the institution awards
IHEs that provide a degree that is
be admitted as regular students to explicitly
a bachelor’s degree or provides
acceptable for admission to a
include homeschooled students meeting the
not less than a two-year
graduate or professional degree
requirements of Section 484(d)(3).
program of study that is
program if reviewed and
acceptable for full credit toward
approved by the Secretary.
a bachelor’s degree.
! Expands criteria for students who
! Admits as regular students only
may be admitted as regular
individuals who have a
students to include students
certificate of graduation from a
dually or concurrently enrolled in
secondary school or its
an IHE and a secondary school.
recognized equivalent; persons
above the age of compulsory
attendance may also be admitted
as regular students.
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Current Law
Senate-Passed (S. 1642)
House-Passed (H.R. 4137)
For institutions outside the United States (U.S.)
Retains current law.
Adds nursing schools to the types of institutions
that are considered an IHE for the purposes of
located outside of the U.S. that are not required to
Title IV in the federal family educational loan
be public or private nonprofit institutions.
program (FFEL), the Secretary shall establish
criteria for the approval of these institutions and
for the determination that such institutions are
comparable to an IHE as defined in section 101,
except that a graduate medical school or a
veterinary school located outside of the U.S. is
not required to be a public or private nonprofit
institution.
Graduate medical schools located outside the
Extends the second criterion to require that the
Similar to Senate provision, except also adds a
U.S. may participate in the FFEL program if: (1)
institution has also continuously operated a
third set of criteria for graduate medical schools
the institution meets specific requirements related
clinical training program in at least one state and
located outside of the U.S. to meet to participate
to student enrollment and passage rates on a
that is approved by such state.
in FFEL. The requirements include having a
particular examination; or (2) the institution has a
clinical training program approved by a state
clinical training program that was approved by a
before January 1, 2008; certifying only
state as of January 1, 1992.
unsubsidized Stafford or PLUS loans to graduate
and professional students; and agreeing to
reimburse the Secretary for the cost of any loan
defaults for students included in the institution’s
cohort default rate for the previous fiscal year.
(Note: See also proposed changes to calculation
of cohort default rates in “Federal Family
Education Loan (FFEL) Program and William D.
Ford Federal Direct Loan (DL) Program” under
Title IV in this table.)
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Current Law
Senate-Passed (S. 1642)
House-Passed (H.R. 4137)
No similar provision.
No similar provision.
Adds the following criteria that nursing schools
located outside the U. S. must meet to participate
in FFEL: (1) have an agreement with hospitals or
eligible nursing schools in the U.S.; (2) have
students complete their clinical training at these
hospitals or nursing schools; (3) certify only
unsubsidized Stafford or PLUS loans for enrolled
students; and (4) agree to reimburse the Secretary
for the cost of any loan defaults to the extent that
the institution’s cohort default rate exceeds 5%.
(Note: See also proposed changes to calculation
of cohort default rates in “Federal Family
Education Loan (FFEL) Program and William D.
Ford Federal Direct Loan (DL) Program” under
Title IV in this table.)
Proprietary institutions are required to derive at
Eliminates the 90/10 rules as a condition of
Similar to Senate provision.
least 10% of their revenue from non-Title IV
institutional eligibility for proprietary institutions.
sources of funds. (Commonly referred to as the
90/10 rule.)
(Note: The 90/10 rule is relocated to the PPA).
To participate in Title IV, both proprietary
Expands admission criteria to include students
Similar to Senate provision.
institutions and postsecondary vocational
dually or concurrently enrolled in an IHE and a
institutions must admit as regular students, only
secondary school.
individuals who have a certificate of graduation
from a secondary school or its recognized
equivalent. Persons above the age of compulsory
attendance may also be admitted as regular
students.
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Current Law
Senate-Passed (S. 1642)
House-Passed (H.R. 4137)
Additional Definitions.
No similar provision.
Defines “authorizing committees,” “critical
Similar to Senate provision, except does not
foreign language,” “distance education,” and
define “poverty line.” Also, adds definitions for
“poverty line.”
“disconnected students,” “high-need school,”
“limited English proficient,” “universal design,”
and “universal design for learning.”
Protection of Student Speech and Association Rights.
A sense of Congress addresses the protection of
Expands the current sense of Congress in several
Retains current law.
student speech and association rights.
ways, including specifying that the diversity of
institutions and educational missions is a strength
of U.S. higher education, IHEs have different
missions and should design their academic
programs in accordance with their education
goals; colleges should facilitate the free and open
exchange of ideas; students should not be
intimidated, harassed, or discouraged from
speaking out; and students should be treated
“equally and fairly.” Modifies existing language to
require that the imposition of any sanctions of
students be done “objectively and fairly.”
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Current Law
Senate-Passed (S. 1642)
House-Passed (H.R. 4137)
National Advisory Committee on Institutional Quality and Integrity (NACIQI).
The Secretary appoints the 15 members of
Renames NACIQI the Accreditation and
Retains current committee name.
NACIQI for three-year terms of office. The
Institutional Quality and Integrity Advisory
committee advises the Secretary in several areas
Committee.
related to accreditation, including providing
guidance related to the establishment and
Specifies that 5 members would be appointed by
Specifies that there will be 17 members, with 6
enforcement of the standards of accrediting
the Secretary, 5 members appointed by the House
members being appointed by the Secretary, 6
agencies for Title IV purposes, advising the
of Representatives, and 5 members appointed by
appointed by the House of Representatives
Secretary regarding the recognition of a specific
the Senate.
(majority and minority leader each recommend 3
accrediting agency, and development of a list of
members), and 6 appointed by the Senate
nationally recognized accrediting agencies,
(majority and minority leader each recommend 3
developing and recommending standards and
members).
criteria for specific categories of institutions for
which no recognized accrediting agency exists,
(Note: The number of members to be appointed
making recommendations related to the eligibility
by the Secretary, House, and Senate exceeds the
and certification process, and advising the
total number of committee members).
Secretary regarding the relationship between
accreditation and the certification and eligibility
Each member serves for six years.
Similar to Senate provision.
of IHEs, and IHEs and state licensing.
Eliminates as a responsibility, development of
Similar to Senate provision, except adds that the
standards and criteria for specific categories of
committee will take into consideration
institutions for which no recognized accrediting
complaints and the resolution of such complaints
agency exists.
by the Accreditation Ombudsman when advising
the Secretary.
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Current Law
Senate-Passed (S. 1642)
House-Passed (H.R. 4137)
No similar provision.
No similar provision.
States that the committee may not recommend
the denial of an application for recognition by an
accrediting agency for any reason other than
those included in section 596.
(Note: This should probably be a reference to
section 496 which includes the statutory
requirements for recognition.)
Drug and Alcohol Abuse Prevention.
No similar provision.
Requires IHEs to determine the number of drug
Similar to Senate provision.
and alcohol-related incidents and fatalities that
occur on the IHE’s property or as part of the IHE’s
activities and are reported to the IHE as part of the
IHE’s biennial review of its drug and alcohol
abuse prevention program. Also requires IHEs to
determine the number and type of sanctions
imposed in response to drug and alcohol-related
incidents and fatalities that occur on the IHE’s
property or as part of the IHE’s activities during
its biennial program review.
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Current Law
Senate-Passed (S. 1642)
House-Passed (H.R. 4137)
State Commitment to Affordable College Education.
No similar provision.
No similar provision.
Establishes two maintenance of effort (MOE)
requirements that, after July 1, 2008, states must
meet to receive funding under the proposed
Grants for Access and Persistence (GAP)
program. First, state funding provided for public
IHEs (for non-capital and non-research and
development expenses or costs) must be not be
less than the average amount provided during the
5 most recent preceding academic years. Second,
state funding provided for private IHEs, for
student financial aid for paying the costs
associated with postsecondary education, must
not be less than the average amount provided
during the 5 most recent preceding academic
years. MOE requirements may be waived for
exceptional or uncontrollable circumstances. If a
state does not meet the MOE requirements, the
Secretary shall withhold funds that would be
available to the state for the GAP program until
the state has made significant efforts to correct
the situation.
No similar provision.
No similar provision.
Authorizes the Secretary to identify cost
containment strategies being used by institutions,
to disseminate such information, to recognize
institutions doing an effective job at cost
containment, and to work with institutions to
implement effective strategies.
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Current Law
Senate-Passed (S. 1642)
House-Passed (H.R. 4137)
Transparency in College Tuition for Consumers.
No similar provision.
Requires the Commissioner of the Bureau of
Similar to Senate provision, except refers to the
Labor Statistics (BLS) to develop higher education
indices as the postsecondary education price
price indices that accurately reflect the annual
indices, and the Secretary authorized to use an
change in tuition and fees for undergraduate
“alternative, comparable index” while the
students by specific institutional sectors (i.e., level
required indices are being developed. Also
and control of the institution).
expands the list of institutional sectors for which
indices must be developed.
No similar provision.
Requires the Secretary to annually publish a
Requires the Secretary to create three lists
national list and a list for each state, that ranks
annually and make them publicly available on the
IHEs based on the percentage and dollar changes
College Navigator. These lists include (1) a list
in tuition and fees over the preceding two years.
of the top 5% of institutions by category (e.g.,
Data must be reported by institutional sector.
public four-year) that have the highest tuition and
fees, (2) a list of the top 5% of institutions by
category that have the lowest tuition and fees,
and (3) a list of the top 5% of institutions in each
category that have the largest percentage increase
in tuition and fees over a three-year period.
No similar provision.
IHEs whose increase in tuition and fees exceeds
No similar provision.
that of its applicable higher education price index
would be placed on the “Higher Education Price
Increase Watch List.” These lists must include the
full price of tuition and fees, net price, and the
average price of room and board on campus, if
applicable.
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Current Law
Senate-Passed (S. 1642)
House-Passed (H.R. 4137)
No similar provision.
No similar provision.
Requires IHEs whose percentage increase in
tuition and fees over a three-year period are in the
highest 5% of increases in each category to
provide the Secretary with a description of the
factors contributing to the increase in tuition and
fees. Each of these IHEs is also required to
establish a quality efficiency task force to review
institutional operating costs and identify areas for
cost savings. The task force must submit a report
to the Secretary regarding its review and analysis.
The Secretary must make the information
publicly available on the College Navigator
website.
No similar provision.
No similar provision.
Includes two exemptions to the requirement that
IHEs in the top 5% of institutions in each
category based on the percentage change in
tuition and fees over a three-year interval be
included on an annual list and subject to reporting
requirements for (1) an IHE whose price is in the
lowest quartile of institutions in its sector for the
last year of the three-year period; and (2) for an
IHE whose increase in tuition and fees over the
three-year interval is less than $500.
No similar provision.
Requires the Secretary to annually report for each
Similar to Senate provision.
state a comparison of the percentage change in
state appropriations per enrolled student in public
IHEs to the percentage change in tuition and fees
for each public IHE for the previous five years.
Also requires Secretary to report the total amount
of need-based and merit-based aid provided by the
state to students enrolled in each public IHE.
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Current Law
Senate-Passed (S. 1642)
House-Passed (H.R. 4137)
No similar provision.
Requires the Secretary to develop net price
Requires the Secretary to develop a net price
calculators for each institutional sector not later
calculator not later than one year after the date of
than one year after the date of enactment. Not
enactment. Not later than three years after the
later than three years after the date of enactment,
date of enactment, each IHE receiving federal
each IHE receiving federal funds under the HEA
funds under the HEA must adopt and use the net
must adopt and use a net price calculator
price calculator developed by ED.
developed by ED or by the IHE.
No similar provision.
Requires an IHE receiving funds authorized by the
No similar provision.
HEA to include in its application materials the
most recent information regarding the net price of
the institution calculated for each income quartile
based on the income of the students’ parents
(dependent students) or the income of the students
(independent students) for each of the two
academic years preceding the academic year for
which the application is produced.
No similar provision.
Requires the Secretary to contract with an
No similar provision.
independent organization with expertise in the
development of consumer-friendly websites to
develop improvements to the College
Opportunities On-Line (COOL) website. No later
than one year after the date of enactment, the
Secretary must implement these
recommendations.
(Note: Since this bill was passed, COOL has been
renamed the College Navigator.)
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Current Law
Senate-Passed (S. 1642)
House-Passed (H.R. 4137)
No similar provision.
Requires the Secretary to create a model
Requires the Secretary to collect specific data
document, the University and College
elements from IHEs through the Integrated
Accountability Network (U-CAN), that IHEs may
Postsecondary Education Data System (IPEDS).
use to voluntarily report basic institutional
These data elements are similar to those that are
information on an annual basis. The data elements
included under the U-CAN provision in the
included in U-CAN generally address student
Senate bill, but the House bill includes three
admissions, student characteristics, retention and
additional data elements.
completion rates, major areas of study, faculty
data, price, financial aid, transfer of credit
policies, campus safety, student activities offered
by the institution, and services offered to students
during and after college.
No similar provision.
No similar provision.
Requires the Secretary to make publicly available
on an annual basis on the College Navigator
website a higher education pricing summary page
that includes specific data for all IHEs
participating in Title IV programs, such as tuition
and fees for the upcoming academic year and net
price by income category.
No similar provision.
No similar provision.
Establishes income categories for institutional
data reporting purposes. Requires the Secretary
to provide all IHEs participating in a Title IV
student aid program with income categories
adjusted for inflation on an annual basis.
No similar provision.
Requires the Government Accountability Office
No similar provision.
(GAO) to examine the institutional time and cost
burden associated with completing the Integrated
Postsecondary Education Data System (IPEDS)
survey.
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Current Law
Senate-Passed (S. 1642)
House-Passed (H.R. 4137)
Provides for a survey of student aid recipients on
Retains current law.
Requires that the survey be conducted at least
a regular basis, at least once every three years.
once every four years. Expands the purposes of
the study to examine the affect of debt burden on
career choices, the role of price in the choice of a
postsecondary education institution, and how the
increased cost of textbooks affects costs for
students.
No similar provision.
No similar provision.
Adds a sense of Congress regarding consumer
information about IHEs, stating that IHEs should
participate in efforts to provide “concise, easily
accessible, on-line consumer information” to
prospective students that is consistent across
institutions.
Textbook Information.
No similar provision.
No similar provision.
Creates a textbook information program designed
to ensure that students have better and more
timely access to course materials. Requires, for
example, publishers to provide specific
information about pricing and adhere to new
requirements related to the bundling of materials.
IHEs must provide, to the extent practicable,
information on course materials for each courses
listed in the course schedule. They must also
make specific information about course materials
and enrollment levels available to college
bookstores, upon request.
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Current Law
Senate-Passed (S. 1642)
House-Passed (H.R. 4137)
Student Information Databases.
No similar provision.
Prohibits the development of a federal database of
Similar to Senate provision.
student information, except for specific exempted
purposes, such as the National Student Loan Data
System. This prohibition does not extend to the
development of state databases of student
information.
Endowment Reporting.
No similar provision.
No similar provision.
Requires each IHE to report annually to the
Secretary on expenditures from any institutional
endowment funds for the purpose of reducing the
costs of programs of instruction, including
endowment funds used for grant aid.
In-State Tuition for Members of the Armed Forces.
No similar provision.
No similar provision.
Requires that for members of the Armed Forces
on active duty for more than 30 days, whose
domicile or permanent duty station is in a state,
dependents (of such a member) may not be
charged more than in-state rates by a public IHE
in that state.
Easy-to-Find Information on Student Financial Aid.
No similar provision.
Requires a link to student financial aid
Similar to Senate provision. Also authorizes
information be displayed on ED’s homepage.
administrative funds for operations and expenses
to be used for promoting the availability of the
student aid website.
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Current Law
Senate-Passed (S. 1642)
House-Passed (H.R. 4137)
No similar provision.
Requires the Secretary to contract with an
No similar provision.
organization with expertise in consumer-friendly
websites to improve the usefulness and
accessibility of ED information on college
planning and student financial aid. No later than
one year after enactment, the Secretary must
implement the improvements and publicize the
availability of information.
No similar provision.
No similar provision.
Requires the Secretary to compile relevant
information about student financial assistance
programs available through other federal
agencies and make the information accessible
through the federal student financial aid website.
State Higher Education Information System Pilot Program.
No similar provision.
Creates a competitive grant program to assist up to
Similar to Senate provision.
five states with developing state level
postsecondary student data systems.
Performance Based Organization (PBO).
Establishes that the Performance-Based
Establishes that the functions of the PBO in ED
Retains current law.
Organization (PBO) shall be a discrete
are now referred to as “administrative and
management unit responsible for managing the
oversight” functions, not “operational.” The PBO
operational functions supporting the programs
will also be responsible for the administration of
authorized under Title IV.
federal student financial assistance programs.
No similar provision.
Directs the PBO to utilize procurement systems
No similar provision.
that streamline operations, improve internal
controls, and enhance management.
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Current Law
Senate-Passed (S. 1642)
House-Passed (H.R. 4137)
Requirements for Lenders and Institutions Participating in Educational Loan Arrangements.
No similar provision.
Requires Title IV-eligible institutions that receive
Prohibits a covered institution that enters into a
federal funding or assistance (referred to as
preferred lender arrangement regarding private
“covered IHEs”), and enter into a loan
educational loans (after the date of enactment),
arrangement with a lender — under which the IHE
from agreeing to allow the lender to use the
recommends the lender’s loans and receives a
institution’s name or likeness in the marketing of
material benefit from the lender — to disclose the
private educational loans to students attending the
name of the lender in loan documentation.
institution in any way that implies the
institution’s endorsement of the private
educational loans.
No similar provision.
No similar provision.
Requires FFEL program lenders that participate
in one or more preferred lender arrangements to
annually certify compliance with the
requirements of the HEA.
No similar provision.
Requires Title IV lenders to annually report to the
No similar provision.
Secretary, any reasonable expenses paid or given
to IHE personnel with responsibilities for
educational loans. Secretary must annually
compile and transmit this information to the
authorizing committees.
No similar provision.
No similar provision.
Requires the Secretary to display on the
Department of Education website, and to provide
to colleges and universities, information to be
used for counseling and consumer information
for prospective borrowers.
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Current Law
Senate-Passed (S. 1642)
House-Passed (H.R. 4137)
No similar provision.
No similar provision.
Requires covered IHEs that provide information
to students or their parents about private
educational loans to also inform them about their
eligibility for assistance and loans under Title IV,
and to specify the terms and conditions of such
private educational loans that may be less
favorable than the terms and conditions of
educational loans for which they may be eligible.
Requires the presentation of information on
private educational loans to be distinct from
information on Title IV loans.
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Current Law
Senate-Passed (S. 1642)
House-Passed (H.R. 4137)
No similar provision.
Requires the reporting of information on
Similar to Senate provisions except that the
educational loan arrangements, including:
model format for use by lenders and covered
! reporting by the Secretary on the
IHEs to report information about educational
adequacy of information about
loans applies to private loans as well.
educational loans provided to
students and their families;
! development by the Secretary of
a model format for use by
lenders and covered IHEs to
report information about
educational loans;
! annual reporting by lenders to
the Secretary and each covered
IHE with which they have a
student loan arrangement, of the
information included in the
model format for each type of
loan they provided to students
attending covered IHEs; and
! annual reporting by covered
IHEs to the Secretary, and public
release of the information
provided to them by each lender
with which they have a student
loan arrangement, and a detailed
explanation of why terms and
conditions are better for the
student.
CRS-24
Current Law
Senate-Passed (S. 1642)
House-Passed (H.R. 4137)
No similar provision.
No similar provision.
Requires covered IHEs to disclose certain
information on their websites and in
informational materials, including
! that students are neither limited
nor required to use the lenders
recommended by the IHE, and
that the IHE is required to
process federal education loan
documents from any eligible
lender;
! all information from the model
disclosure form with respect to
any lender recommended by the
IHE for federal or private
educational loans;
! maximum amounts of federal
grant and loan aid available to
students; and
! the IHE’s cost of attendance
(COA).
CRS-25
Current Law
Senate-Passed (S. 1642)
House-Passed (H.R. 4137)
Title II: Teacher Quality Enhancement.
Teacher Quality Partnership Grants.
Defines “Eligible Partnership” as an entity that
Amends the definition of a high need LEA to read
Similar to Senate provision except that part (iv)
shall include “(i) a partner institution; (ii) a
as follows: “shall include — (i) a high-need local
reads: “a school, department, or program of
school of arts and sciences; and (iii) a high-need
educational agency; (ii) a high-need school or a
education within such partner institution or a
local educational agency.” The definition also
consortium of high-need schools served by the
teacher professional development program within
includes a list of eligible partners including
high-need local educational agency or, as
such partner institution.” The House provision
charter schools, businesses, and teacher
applicable, a high-need early childhood education
also includes alternative certification programs in
organizations.
program; (iii) a partner institution; (iv) a school,
the list of eligible partners.
department, or program of education within such
partner institution; and (v) a school or department
of arts and sciences within such partner
institution.”
Defines “High-Need Local Educational Agency”
Amends the definition of a high-need LEA to read
Similar to Senate provision except the House
as one that serves a school in, “an area in which
as follows: “a local educational agency — (A)(i)
uses different locale codes and refers to them by
there is: (A) a high percentage of individuals
for which not less than 20 percent of the children
their labels rather than by their numbers; that is,
from families with incomes below the poverty
served by the agency are children from
part (A)(iii) of the House definition reads, “with a
line; (B) a high percentage of secondary school
low-income families; (ii) that serves not fewer
total of less than 600 students in average daily
teachers not teaching in the content area in which
than 10,000 children from low-income families; or
attendance at the schools that are served by the
the teachers were trained to teach; or (C) a high
(iii) with a total of less than 600 students in
agency and all of whose schools are designated
teacher turnover rate.”
average daily attendance at the schools that are
with a school locale code of ‘Rural: Fringe,’
served by the agency and all of whose schools are
‘Rural: Distant,’ or ‘Rural: Remote,’ as
designated with a school locale code of 6, 7, or 8,
determined by the Secretary.”
as determined by the Secretary; and (B)(i) for
which there is a high percentage of teachers not
teaching in the academic subject areas or grade
levels in which the teachers were trained to teach;
or (ii) for which there is a high teacher turnover
rate or a high percentage of teachers with
emergency, provisional, or temporary certification
or licensure.”
CRS-26
Current Law
Senate-Passed (S. 1642)
House-Passed (H.R. 4137)
Defines “Partner Institution” as a private
Amends the definition of partner institution as
Same as the Senate provision except the House
independent or State-supported public IHE that
follows: “may include a two-year institution of
also includes in the definition of partner
demonstrates that graduates from its teacher
higher education offering a dual program with a 4-
institution those institutions providing
training program exhibit strong performance on
year institution of higher education.”
professional development to current teachers that
state qualifying assessments and are required to
require collaborative seminars lead by faculty of
participate in intensive clinical experience.
arts and sciences.
No similar provision.
Defines the following terms: “Children from Low-
Similar to Senate provision except the House
Income Families,” “Core Academic Subjects,”
does not include definitions for “Limited English
“Early Childhood Education Program,” “Early
Proficient” or “Principals of Scientific Research.”
Childhood Educator,” “Educational Service
The House also states that the “Teacher
Agency,” “Essential Components of Reading
Mentoring” program, “provides paid release time
Instruction,” “Exemplary Teacher,” “High-Need
for mentors.”
Early Childhood Education Program,” “High-
Need School,” “Highly Competent,” “Highly
Qualified,” “Induction Program,” “Limited
English Proficient,” “Principals of Scientific
Research,” “Professional Development,”
“Scientifically Valid Research,” “Teacher
Mentoring,” “Teaching Skills,” and “Teaching
Residency Program.”
No similar provision.
No similar provision.
Includes a “Rule of Construction” which states,
“Nothing in this title shall be construed to alter or
otherwise affect the rights, remedies, and
procedures afforded to the employees of local
educational agencies under Federal, State, or
local laws (including applicable regulations or
court orders) or under the terms of collective
bargaining agreements, memoranda of
understanding, or other agreements between such
employees and their employers, including, but
not limited to, the right of employees of local
educational agencies to engage in collective
bargaining with their employers.”
CRS-27
Current Law
Senate-Passed (S. 1642)
House-Passed (H.R. 4137)
Partnership Grants.
Funds appropriated for Title II, Part A are for
Eliminates the state and recruitment grants and
Same as the Senate provision.
state, partnership, and recruitment grants awarded
changes the title of Part A to “Teacher Quality
on a competitive basis.
Partnership Grants.”
Authorizes the Secretary to award competitive
Requires funds to be used for carrying out a
Similar to the Senate provision except the House
grants to eligible partnerships. Requires funds to
program for the Pre-Baccalaureate Preparation of
includes several provisions that describe the
be used for implementing reform of teacher
Teachers, a Teaching Residency Program, or both.
purposes of the program and use of funds for
preparation programs, providing clinical
training rural, multi-subject, AP/IB teachers, or
experience including mentoring of prospective
Pre-Baccalaureate Program is similar to the
those who work with students who are learning
teachers, and providing professional development
partnership program but adds more detailed
(or otherwise) disabled, limited English
that improves content knowledge for current
language on accountability and use of funds for
proficient, or from underrepresented populations.
teachers. Also allows funds to be used for
reforms. Expands the required uses of funds for
preparing teachers to work with diverse
clinical experience and adds new required uses for
Provides additional language regarding the use of
populations, involving parents in program
induction, support, and recruitment.
funds for teacher recruitment in the Pre-
reform, disseminating information, coordinating
Baccalaureate program including
reform efforts, developing school management
Teaching Residency Program gives new teachers
underrepresented populations, rural communities,
and leadership, and recruiting new teachers into
and prospective mid-career professionals a one-
shortage subject areas, mid-career professions,
the profession.
year stipend to receive intensive training toward a
former military personnel, and recent college
master’s degree and requires that they teach for a
graduates. Also includes an additional use of
minimum of three years in a high-need school.
funds for literacy training.
The program would also give experienced teachers
the opportunity to serve as mentor teachers in
House specifies that the Teacher Residency
exchange for full relief from their usual teaching
Program may include consideration of applicants
duties.
who reflect the communities in which they will
teach.
No similar provision.
Adds a new allowable use of Partnership grant
No similar provision.
funds for grantees to partner with a television
public broadcast station to improve teacher
preparation.
CRS-28
Current Law
Senate-Passed (S. 1642)
House-Passed (H.R. 4137)
No similar provision.
No similar provision.
Adds a new Development of Leadership Program
for partnerships which prepare superintendents,
principals, and other school administrators.
Eligible participants must be enrolled or a recent
graduate from an IHE, mid-career professionals
with strong content knowledge or record of
professional accomplishment, current teachers
desiring to become principals, or current
principals desiring to become superintendents.
Funds appropriated for Title II, Part A are for
Eliminates the state and recruitment grants and
Same as the Senate provision.
state, partnership, and recruitment grants awarded
changes the title of Part A to “Teacher Quality
on a competitive basis.
Partnership Grants.”
Authorizes the Secretary to award competitive
Authorizes the Secretary to award competitive
Authorizes the Secretary to award competitive
grants to eligible partnerships.
grants to eligible partnerships. Requires funds to
grants to eligible partnerships. Requires funds to
be used for carrying out a program for the Pre-
be used for carrying out a program for the Pre-
Baccalaureate Preparation of Teachers, a Teaching
Baccalaureate Preparation of Teachers, a
Residency Program, or both.
Teaching Residency Program, a leadership
development program, or a combination of two or
more such programs.
CRS-29
Current Law
Senate-Passed (S. 1642)
House-Passed (H.R. 4137)
Requires funds to be used for implementing
Pre-Baccalaureate Programs supported through
Similar to the Senate provision except the House
reform of teacher preparation programs,
partnerships are to carry out reforms and clinical
includes several provisions that describe the
providing clinical experience including
experience similar to the current partnership
purposes of the program and use of funds for
mentoring of prospective teachers, and providing
program but adds more detailed language on
training rural, multi-subject, AP/IB teachers, or
professional development that improves content
accountability and use of funds for reforms.
those who work with students who are learning
knowledge for current teachers. Also allows
Expands the required uses of funds to include
(or otherwise) disabled, limited English
funds to be used for preparing teachers to work
clinical experience and adds new requirement for
proficient, or from underrepresented populations.
with diverse populations, involving parents in
supported programs to include induction, support,
Provides additional language regarding the use of
program reform, disseminating information,
and recruitment components.
funds for teacher recruitment in the Pre-
coordinating reform efforts, developing school
Baccalaureate program including
management and leadership, and recruiting new
underrepresented populations, rural communities,
teachers into the profession.
shortage subject areas, mid-career professions,
former military personnel, and recent college
graduates. Also includes an additional
permissible use of funds for literacy training.
No similar provision.
Teaching Residency Program gives new teachers
Similar to Senate except House specifies that the
and prospective mid-career professionals a one-
Teacher Residency Program may include
year stipend to receive intensive training toward a
consideration of applicants who reflect the
master’s degree and requires that they teach for a
communities in which they will teach; explicitly
minimum of three years in a high-need school
limits stipends to one year; and further requires
served by a high-need LEA in the partnership.
service in a high-need field, certification of
The program would also give experienced teachers
service, and status as a “highly qualified teacher”
the opportunity to serve as mentor teachers in
according to ESEA §9101 prior to service.
exchange for full relief from their usual teaching
duties.
No similar provision.
No similar provision.
Adds a new Development of Leadership Program
for partnerships which prepare superintendents,
principals, and other school administrators.
Eligible participants must be enrolled or a recent
graduate from an IHE, mid-career professionals
with strong content knowledge or record of
professional accomplishment, current teachers
desiring to become principals, or current
principals desiring to become superintendents.
CRS-30
Current Law
Senate-Passed (S. 1642)
House-Passed (H.R. 4137)
No similar provision.
Adds a new allowable use of Partnership grant
No similar provision.
funds for grantees to partner with a television
public broadcast station to improve teacher
preparation.
Grantees may receive an award under each of the
Partnerships may receive only one grant during a
Same as Senate provision.
state, partnership, and recruitment programs only
five-year period; however, an eligible partner may
once.
be a member of multiple partnerships.
Priority for awards is given to partnerships that
Priority for awards is given to partnerships that
Priority for awards is given to partnerships whose
include businesses and requires the Secretary to
include businesses and community organizations,
teacher preparation programs have a rigorous
consider an equitable geographic distribution of
and promote an equitable geographic distribution
selection process, and partnerships that include
the grants throughout the U.S.
of grants among rural and urban areas.
businesses and community organizations, or
promote an equitable geographic distribution of
grants among rural and urban areas.
Requires grantees to provide matching funds,
Requires grantees to provide matching funds, from
Same as Senate provision.
from non-federal sources, in an amount equal to
non-federal sources, in an amount equal to 100%
25% of the grant for the first year of the grant,
of the amount of the grant and gives the Secretary
35% for the second year, and 50% for each
authority to waive this requirement for any fiscal
succeeding year.
year in which it would result in serious hardship or
an inability to carry out the authorized activities.
CRS-31
Current Law
Senate-Passed (S. 1642)
House-Passed (H.R. 4137)
Accountability for Programs that Prepare Teachers.
Requires that IHEs that conduct traditional
Adds programs that offer alternative routes to state
Similar to Senate provision except the House
teacher preparation programs and enroll students
certification and licensure to the list of programs
requires that the Report Card also include
receiving federal assistance under the HEA to
that must report this information. Requires that
information on teacher training for those who
annually produce a Report Card on the status of
the Report Card include “scaled scores” in
teach students with disabilities.
passage rates for teacher preparation students
addition to passage rates of those still enrolled in a
taking assessments within three years of leaving
program or who have completed in the last two
the program, program and accreditation
years, to disaggregate program information by
information, and designation of low-performing
race and gender, and to describe activities
programs among other things.
employed to prepare teachers to use technology.
Requires states that receive funds under the HEA
Adds to the descriptions of the required
Similar to Senate provision except the House
to produce a Report Card on the quality of
information that must be included on the Report
adds information on preparation for teaching
teacher preparation programs in the state
Card and prohibits the Secretary from creating a
disabled and limited English proficient students
including a description of assessments used for
national list or ranking states or schools based on
to the reporting requirements as well as language
certification, pass rates on such assessments,
these reports.
on data quality.
alternative routes to certification, and criteria for
assessing program performance.
No similar provision.
Requires IHEs and programs for alternative routes
Same as Senate provision.
to certification that enroll students receiving
federal assistance under the HEA to (1) set annual
quantifiable goals for meeting teacher shortages,
(2) provide assurances to the Secretary that the
training provided addresses these goals, and (3)
publicly report whether the goals have been met.
Requires states receiving funds under the HEA
Specifies that students who are enrolled in a
Similar to Senate provision except the House
annually provide the Secretary a list of
program at the time of termination of financial
provides additional criteria on which the state
low-performing teacher preparation programs
support shall receive “transitional support.”
may determine levels of performance.
that includes an identification of those programs
at risk of being placed on such list. Makes state-
designated, low-performing programs ineligible
for ED professional development funds and
unable to enroll students receiving Title IV aid.
CRS-32
Current Law
Senate-Passed (S. 1642)
House-Passed (H.R. 4137)
No similar provision.
Requires state education agencies receiving funds
Same as Senate provision.
under the HEA to release all pertinent education-
related information requested by a teacher
preparation program concerning the program’s
graduates or the program itself.
Preparing Tomorrow’s Teachers to Use Technology.
Funds appropriated for Title II, Part B are used to
Retains current law.
Changes title to “Preparing Teachers for Digital
award five-year competitive grants to consortia of
Age Learners.” Limits awards to $2,000,000,
public and private entities to prepare teachers to
over three-years with a possible one-year
use technology. Grantees are required to cover at
renewal. Eliminates the 50% non-federal
least 50% of the cost of the program from
matching requirement. Also provides more
non-federal sources. Grantees are required to use
details about the program goals and use of funds.
funds to prepare prospective teachers to use
advanced technology to prepare all students to
meet state and local academic standards and to
evaluate program effectiveness. Grantees may
use funds to prepare teachers in wider aspects of
the use of technology in curricula and instruction,
to develop alternative teacher development paths
and achievement-based standards, and to provide
technical assistance.
Enhancing Teacher Education.
No similar provision.
No similar provision.
Authorizes a new “Recruiting Teachers with
Math, Science, or Language Majors” program
which would award grants to IHEs to provide
incentives for students in these majors to go into
teaching, upgrade curriculum, integrate faculty,
and retrain teachers.
CRS-33
Current Law
Senate-Passed (S. 1642)
House-Passed (H.R. 4137)
No similar provision.
No similar provision.
Authorizes a new “Community Colleges as
Partners in Teacher Education Grants” program
which would award grants to partnerships of
community colleges, four-year IHEs, and either
an SEA, LEA, or teacher organization. Funds
may be used for a number of activities including
curriculum development, clinical experience,
professional development, and articulation
agreements between community colleges and 4-
year institutions.
No similar provision.
No similar provision.
Authorizes a new “Hawkins Centers of
Educational Excellence” program which would
award grants to certain minority-serving
institutions (MSIs) to reform teacher preparation
programs, provide clinical experience, promote
teacher retention, and award scholarships.
No similar provision.
The Senate authorizes a new “Teach for America”
The House authorizes a program entitled “Teach
program under Title VIII. A side-by-side
for America” under Title II.
comparison of these provisions is located under
the section entitled “Teach for America” in Title
VIII of this table.
No similar provision.
The Senate authorizes a new “Early Childhood
The House authorizes a program entitled “Early
Education Professional Development and Career
Childhood Education Professional Development
Task Force” program under Title VIII. A
and Career Task Force” under Title II.
side-by-side comparison of these provisions is
located under the section entitled “Early
Childhood Education Professional Development
and Career Task Force” in Title VIII of this table.
No similar provision.
No similar provision.
Authorizes a new “Teach to Reach” program
which would award grants to IHEs to improve the
preparation of general education teachers to
provide instruction to students with disabilities.
CRS-34
Current Law
Senate-Passed (S. 1642)
House-Passed (H.R. 4137)
Title III: Institutional Aid.
Strengthening Institutions.
Secretary may award grants to any eligible
Expands eligibility to include any eligible
Same as Senate provision.
institution with an application approved under
institution with an application approved under all
section 351 (Minority Science and Engineering
other sections of Title III.
Improvement Program).
No similar provision.
Expands authorized activities to include remedial
Similar to Senate provision.
education, English language instruction courses,
and education or counseling services designed to
improve financial literacy and economic literacy
of students or students’ parents, among other
things.
American Indian Tribally Controlled Colleges and Universities.
Tribal College or University (TCU) has the same
Defines a TCU as: an institution that qualifies for
Same as Senate provision.
meaning as tribally controlled college or
funding under the TCCUAA or the Navajo
university in Section 2 of the Tribally Controlled
Community College Assistance Act of 1978 or, is
College or University Assistance Act of 1978
cited in section 532 of the EELGSA.
(TCCUAA) and includes institutions listed in the
Equity in Educational Land-Grant Status Act of
1994 (EELGSA).
No similar provision.
Expands authorized activities to include
Expands authorized activities to include
acquisition of real property and education or
construction, maintenance, and renovation of
counseling services designed to improve financial
classrooms, libraries and other instructional
literacy and economic literacy of students or
facilities, and to improve facilities for Internet
students’ parents, among other things.
use or other distance learning purposes.
CRS-35
Current Law
Senate-Passed (S. 1642)
House-Passed (H.R. 4137)
The Secretary shall ensure maximum and
Establishes a new allocation formula whereby the
Similar to Senate provision.
equitable distribution of funds among all eligible
Secretary can reserve 30% of the appropriation for
institutions.
one-year construction grants. Remaining funds
should be allocated as follows: 60% based on
Indian student count and 40% equally distributed
among eligible TCUs. The minimum grant would
be $500,000.
Alaska Native and Native Hawaiian-Serving Institutions.
No similar provision.
Expands the authorized activities to include
No similar provision.
education or counseling services designed to
improve financial literacy and economic literacy
of students or students’ parents, among other
things.
Native American-Serving, Non-Tribal Institutions.
The Native American-serving, non-tribal
Similar to program created by CCRAA, except
Similar to program created by CCRAA (with no
institutions program provides grants to eligible
specifies that the minimum grant would be
minimum grant specified), and establishes the
IHEs. Eligible institutions must have at least 10%
$200,000 and establishes the program in Title III.
program in Title III.
Native American students and cannot be a TCU
as defined in Section 316. Native American
defined as an individual who is of a tribe, people,
or culture indigenous to the United States.
Establishes program in Title IV.
(Note: This program was added by the CCRAA,
P.L. 110-84.)
CRS-36
Current Law
Senate-Passed (S. 1642)
House-Passed (H.R. 4137)
Historically Black Colleges and Universities (HBCUs).
The phrase “professional and academic areas in
Requires the Secretary to also consult with the
Same as Senate provision.
which Blacks are underrepresented” shall be
Commissioner for Education Statistics.
determined by the Secretary and the
Commissioner of the BLS, on the basis of the
most recent available satisfactory data, as
professional and academic areas in which the
percentage of Black Americans who have been
educated, trained, and employed is less than the
percentage of Blacks in the general population.
No similar provision.
Expands the authorized activities to include
Similar to Senate provision.
education or counseling services designed to
improve financial literacy and economic literacy
of students or students’ parents, among other
things.
Provides formula for allotting funds.
Adds new requirement that to receive the annual
States that if the Part B institution did not enroll
allotment, HBCUs must annually provide data on
any Pell Grant recipients, or graduate any
the following: number of Pell Grant recipients,
students in the previous academic year, or send
number of graduates from the preceding year, and
any students to graduate or professional school,
the number of students who enrolled in a graduate
the IHE shall not receive a grant.
or professional program within last five years.
Specifies that if the data submitted to receive the
allotment are insufficient to justify an award in
excess of $500,000, the IHE would receive
$500,000, except if the amount of the award as
determined by the formula would be less than
$250,000 the IHE would receive $250,000.
CRS-37
Current Law
Senate-Passed (S. 1642)
House-Passed (H.R. 4137)
Historically Black Colleges and Universities, Professional or Graduate Institutions.
No similar provision.
Expands the authorized activities to include
Similar to Senate provision.
education or counseling services designed to
improve financial literacy and economic literacy
of students or students’ parents, among other
things.
There are 18 existing eligible grantees.
Expands the list of eligible graduate and
Similar to the Senate provision except the
professional schools/programs (Part B, Section
following IHEs are added: Alabama State
326) to include Alabama State University; Coppin
University; Bowie State University; Delaware
State University; Delaware State University;
State University; Fayetteville State University,
Prairie View A&M University; Langston
Langston University; Prairie View A&M
University; West Virginia State University; and
University; and University of the District of
Grambling State University, Kentucky State
Columbia Law School.
University, Fayetteville State University.
Annually, the first $26.6 million appropriated is
Retains current law.
Changes funding structure to reserve the first
reserved for the 16 institutions in the program
$54.5 million appropriated for the 18 grantees
prior to the 1998 amendments; the next $2
that existed prior to 2008. From additional
million is reserved for two institutions added by
amounts appropriated $6.0 million for the 6
the 1998 amendments.
newly added IHEs.
Historically Black College and University Capital Financing Program.
No similar provision.
Requires the Secretary to submit an annual report
No similar provision.
to the authorizing committees no later than 90
days after the date of enactment, that provides
ED’s progress in implementing the
recommendations made by the GAO for
improving the HBCU Capital Financing Program.
CRS-38
Current Law
Senate-Passed (S. 1642)
House-Passed (H.R. 4137)
Total outstanding principal and unpaid accrued
Retains current law.
Increases the amount authorized for outstanding
interest on the loans cannot exceed $375 million
loan principal and interest to $1.1 billion. Also
(of this amount, $250 million is allotted for
increases the amount that is reserved for private
private HBCUs and $125 million is for public
IHEs to approximately $733 million, and
HBCUs).
approximately $366 million for public IHEs.
No similar provision.
Retains current law.
Adds provisions to cap collateralization
requirements, establish reserve accounts, and
allow for forbearance and deferment.
Also expands the program’s advisory board
membership.
Predominantly Black Institutions (PBIs).
A program entitled, “Predominantly Black
The Senate authorizes a similar program under
The House authorizes a similar program for PBIs
Institutions” was added by the College Cost
Title VIII. A side-by-side comparison of these
under Title III.
Reduction and Access Act, P.L. 110-84.
provisions is located under the section entitled
“Predominantly Black Institutions” in Title VIII of
this table.
Asian American and Native American Pacific Islander-Serving Institutions.
Asian American and Native American Pacific
No similar provision.
Similar to program created by CCRAA (with no
Islander-serving institutions.
minimum grant specified), and establishes the
program in Title III.
Eligible institutions must be eligible under
section 312(b) and at the time of application have
at least 10% Asian American and Native
American Pacific Islander undergraduate
students.
Establishes program in Title IV.
(Note: This program was added by the CCRAA,
P.L. 110-84.)
CRS-39
Current Law
Senate-Passed (S. 1642)
House-Passed (H.R. 4137)
Endowment Challenge Grants for Institutions Eligible Under Part A or Part B.
The purposes of the endowment challenge grants
Retains current law.
Increases the maximum grant amount to $1.0
are to either establish or increase endowments,
million and increases the minimum grant amount
and to increase independence and
to $500,000.
self-sufficiency. Grants cannot exceed $500,000
and the minimum grant is $50,000.
Programs in STEM Fields.
No similar provision.
No similar provision.
Creates new program, YES Partnership Grant
program, that provides support to eligible
partnerships to support minority youth
engagement in science, technology, engineering
and mathematics, through out-reach and hands-on
experiential learning. Partnership must include at
least one IHE eligible for assistance under Title
III or V; at least one high need LEA; and at least
two community organizations. Minimum grant
would be $500,000.
CRS-40
Current Law
Senate-Passed (S. 1642)
House-Passed (H.R. 4137)
Waiver Authority.
No similar provision.
No similar provision.
Allows the Secretary to waive select
requirements for IHEs affected by a Gulf
Hurricane disaster. Specifically the Secretary
shall waive the following for each FY2009
through 2013:
! data requirements for eligibility
under section 312(b);
! wait-out period for Part A
grants;
! allotment requirements for Part
B; and
! the use of the funding formula
for the HBCU graduate and
professional institutions.
CRS-41
Current Law
Senate-Passed (S. 1642)
House-Passed (H.R. 4137)
Title IV: Student Assistance.
Federal Pell Grants.
The tuition sensitivity provision as previously
Includes provision to eliminate tuition sensitivity.
No similar provision.
implemented, reduced the amount of the Pell
award for a small number of low-income students
attending IHEs with very low tuition charges.
(Note: This provision was eliminated by the
College Cost Reduction and Access Act, P.L.
110-84.)
Program authority expires in FY2017. The most
The program authority for Pell is extended to
Similar to Senate provision except that the
recent authorized maximum Pell Grant (Pell)
2013. The authorized maximum Pell award is as
authorized maximum Pell award is $9,000 for
award is $5,800 for academic year 2003-2004.
follows: $5,400 for academic year 2008-2009;
each of the academic years.
$5,700 for 2009-2010; $6,000 for 2010-2011; and
(Note: The program’s authority was extended by
$6,300 for 2011-2012.
the College Cost Reduction and Access Act, P.L.
110-84.)
Minimum authorized Pell award is $400.
Changes the minimum Pell award to 10% of the
No similar provision.
appropriated maximum Pell award, unless a
recipient qualifies for an award between 5% and
10% in which case recipient would receive 10%.
No similar provision.
Provides up to two Pell Grant awards in a single
Similar to Senate provision except the House
academic year for students who enroll at least
provision does not specify that a student must be
half-time in a four-year or two-year institution.
enrolled at least half-time.
No similar provision.
Limits Pell receipt to 18 semesters or equivalent
No similar provision.
determined by the Secretary. Limit is determined
without regard for attendance status (full-time or
part-time) and would include time prior to the date
of enactment.
CRS-42
Current Law
Senate-Passed (S. 1642)
House-Passed (H.R. 4137)
No similar provision.
No similar provision.
Sets Expected Family Contribution (EFC)
automatically to $0 for dependents whose parent
or guardian was killed in military service in Iraq
or Afghanistan.
No similar provision.
No similar provision.
Individuals who are involuntarily subjected to
civil commitment upon completion of
incarceration for forcible or non-forcible sexual
offenses are ineligible for a Pell Grant.
Academic Competitiveness (AC) and Science Mathematics Access to Retain Talent (SMART) Grants.
Secretary is authorized to award grants to Pell-
Removes the term “academic” from all references
Similar to Senate provision.
eligible U.S. citizens, who are enrolled full-time
to year of study in the AC and SMART grant
in an undergraduate program. First and second
program provisions. Extends eligibility to eligible
year undergraduates receive an AC grant and
non-citizens and those enrolled on at least a half-
students in their third or fourth year receive a
time basis.
SMART grant.
First-year students who were previously enrolled
Retains current law.
Extends eligibility to students who were
in an undergraduate program are ineligible for
previously enrolled in a program of
AC or SMART.
undergraduate education as a part of their
secondary education.
No similar provision.
Extends eligibility to students enrolled in
No similar provision.
certificate programs lasting at least one year (AC
grant) or lasting at least two years (SMART
grant).
No similar provision.
Extends eligibility for SMART grants to students
Same as Senate provision.
studying qualified subjects who are enrolled in
IHEs that do not permit declaration of a major.
No similar provision.
Extends a fifth year of eligibility for SMART
No similar provision.
grants to students in programs that require five full
years of course work.
CRS-43
Current Law
Senate-Passed (S. 1642)
House-Passed (H.R. 4137)
No similar provision.
Requires that IHEs make payments for AC and
No similar provision.
SMART grants in the same manner as Pell .
Rigorous curriculum must be established by a
Retains current law.
Requires that the rigorous curriculum must
State or LEA and recognized by the Secretary.
prepare students for college and work beyond the
basic graduation requirements, and that it is
recognized by the designated State official. Also,
states that for private school or home school, the
designated school official must recognize the
curriculum and that it must be consistent with
State law.
Any foreign language that the Secretary, in
Removes the requirement that the foreign
Same as Senate provision.
consultation with the Director of National
language must be approved by the Secretary and
Intelligence, determines is critical to the national
the Director of National Intelligence, and states
security of the U.S., is an acceptable major for
that the foreign language must be critical.
the SMART program.
Federal TRIO Programs.
Authorizes the Secretary to award grants for the
Extends the grant period to five years and
Same as Senate provision except the House also
following TRIO programs: Talent Search,
increases the minimum grant amount to $200,000
synchronizes Trio award cycles and requires that
Upward Bound, Student Support Services,
for all programs except the staff development
the Secretary consider participant need in making
McNair Postbaccalaureate Achievement, and
grants, which has a minimum of $170,000.
awards.
Educational Opportunity Centers for a four-year
period with a minimum grant amount between
$170,000 and $190,000.
No similar provision.
Requires the Secretary to establish outcome
Same as Senate provision except the House
criteria for measuring the quality and effectiveness
further requires the Secretary to allow rejected
of the TRIO programs. Outcome criteria must be
applicants the opportunity to appeal the funding
disaggregated by the following categories: low-
decision.
income, first generation, and individuals with
disabilities. Further requires that programs be
assessed on how they meet or exceed their
objectives as measured against an eligible entity’s
stated target outcomes.
CRS-44
Current Law
Senate-Passed (S. 1642)
House-Passed (H.R. 4137)
Authorizes numerous permissible services for
Creates a new set of required services (in addition
Amends permissible services to include activities
TRIO programs, including assistance with
to other permissible services) for each of the TRIO
specifically designed for “groups of persons from
academic matters, applications for college
programs that includes assistance with academic
disadvantaged backgrounds that have particular
admission, financial aid, and personal and career
matters, applications for college admission,
lower educational access or outcomes.”
counseling.
financial aid, and financial literacy.
No similar provision.
Establishes priority for Upward Bound projects
Requires Secretary to cease implementation or
that include at least 30% of first-time students
enforcement of the absolute priority for Upward
who have a high risk of academic failure.
Bound participant selection (the absolute priority
Prohibits the Secretary from denying participation
gave preference to projects with at least 30% of
in Upward Bound to a student who enters the
first-time students who have a high risk of
program for the first time after the ninth grade.
academic failure and limited initial program
enrollment to 9th and 10th graders) and evaluation
published in Federal Register on September 22,
2006. Further prevents the Secretary from
recompeting awards that were granted under
absolute priority.
CRS-45
Current Law
Senate-Passed (S. 1642)
House-Passed (H.R. 4137)
Secretary is authorized to award contracts to
Requires the Secretary to submit an annual report
Similar to Senate provision except the House
evaluate the effectiveness of the TRIO programs
on the program’s delivery of services,
specifies that the Secretary shall consider the
and disseminate the results of these evaluations.
participating students’ secondary and
burden placed on the program participants and
postsecondary school enrollment and completion,
approval by the IHE’s approval board when
and academic performance. The report must
designing the evaluation.
include the following:
! Disaggregated data by individual
Also modifies evaluation requirements, including
project performance, including
a prohibition against requiring grantees to recruit
descriptive, longitudinal, and
students to serve as an evaluation control group.
multi-cohort information, and be
comparable to the national
population of low-income, first
generation students and students
with disabilities.
! National performance data with
the primary purpose of
identifying and highlighting best
practices for increasing college
access and persistence through
implementation of the programs.
Secretary prohibited from requiring an eligible
TRIO grant applicant to recruit students to serve
as a control group in an evaluation. However, the
Secretary is allowed to give priority to entities that
voluntarily elect to participate in an evaluation
using a control group.
Gaining Early Awareness and Readiness for Undergraduate Programs (GEAR UP).
The Secretary is required to give priority to
Eliminates this priority.
Changes priority to include all entities that
eligible entities that previously carried out GEAR
carried out GEAR UP programs prior to the date
UP programs prior to the Higher Education
of enactment.
Amendments of 1998.
CRS-46
Current Law
Senate-Passed (S. 1642)
House-Passed (H.R. 4137)
Requires the Secretary to allocate at least 33% of
Eliminates this requirement and requires the
Retains current law.
available funds for both State and Partnership
Secretary to consider the geographic distribution
grants.
and the distribution of awards between urban and
rural applicants.
Limits the amount of funds that State and
Applies this limitation only to State grantees. Also
Retains current law.
Partnership grantees can use for early
gives the Secretary authority to allow State
intervention to not less than 25% and not more
grantees to exceed the 50% use of funds for early
than 50% of the amount available for distribution.
intervention.
No similar provision.
Grantees must ensure that grants will be used to
No similar provision.
supplement and not supplant federal, state and
other local funds used for similar activities and
programming.
Eligible entities must submit a plan to the
Specifies that the contents of an application must
Retains current law.
Secretary which contains a description of “the
include a description of how the entity meets the
activities for which assistance is sought” and
scholarship requirements, a demonstration of
“provides such additional assurances as the
adequate staffing for coordinating activities, an
Secretary determines necessary.”
assurance that activities would not displace
employees or eliminate positions at schools, a
description of how the entity defines the targeted
cohort and serves the cohort through grade 12, and
a description of program coordination with
existing federal, state, and local projects.
Requires State grantees to establish and maintain
Requires grantees to notify students of the
Sets the scholarship amount to be at least equal to
a scholarship component that provides students
eligibility requirements to receive a scholarship
the minimum Pell grant.
with funds equal to 75% of the state’s COA or
and to create or organize a trust for each cohort of
the maximum Pell award.
students.
No similar provision.
No similar provision.
Requires that grantees provide continuous
services through the first year at an IHE.
CRS-47
Current Law
Senate-Passed (S. 1642)
House-Passed (H.R. 4137)
Eligible entities must match not less than 50% of
No similar provision.
Authorizes grantees and applicants to request a
the cost of the program, with state, local , and
reduction of the matching percentage requirement
institutional funds.
if they can demonstrate a change in
circumstances.
No similar provision.
No similar provision.
Encourages IHEs to provide student aid to
participants in their first year at an IHE by
treating every non-federal dollar as two dollars
for the purpose of satisfying the matching
requirement.
Academic Achievement Incentive Scholarships.
Scholarships to students during the first two
Retains current law.
Repeals provision.
academic years of undergraduate education.
Students must be Pell-eligible and have graduated
in the top 10% of their secondary school
graduating class.
Federal Supplemental Educational Opportunity Grants (FSEOG).
The Secretary is authorized to allocate up to 10%
Removes this provision.
Retains current law.
of the amount appropriated for programs
authorized under Title IV, Part A when the
appropriation exceeds $700 million, among IHEs
from which 50% or more Pell recipients either
graduate or transfer to four-year IHEs.
The allowance for books and supplies used in
Increases the allowance for books and supplies to
Same as Senate provision.
calculating each IHE’s average COA for
$600.
purposes of allocating funds to IHEs according to
“fair share” allocation procedures is $450.
CRS-48
Current Law
Senate-Passed (S. 1642)
House-Passed (H.R. 4137)
Leveraging Educational Assistance Partnership (LEAP) Program.
Grants to students may not exceed $5,000 per
Increases maximum grant per academic year to the
Similar to Senate provision except no reference
academic year.
lesser of $12,500 or the student’s COA.
to COA.
The funding for Special Leveraging Educational
Replaces SLEAP with “Grants for Access and
Similar to Senate provision, except the federal
Assistance Partnership (SLEAP) is authorized
Persistence” program.
share of funds is 57% for states that apply in
from amounts appropriated for LEAP that are in
partnership with IHEs whose combined
excess of $30 million.
Authorized activities include partnerships with
enrollment represents less than half of all
IHEs, private corporations, philanthropic
students enrolled in the state; and 66.6% for
State SLEAP programs may consist of the
organizations, and other entities to coordinate
states that apply in partnership with IHEs whose
following activities: increasing the dollar amount
financial assistance to low-income students;
combined enrollment represents more than half of
of grants under the LEAP program; carrying out
encouraging the participation of low-income
all students enrolled in the state.
transition programs from secondary school to
students in early information and intervention
postsecondary education for needy students;
mentoring, or outreach programs.
carrying out early intervention, mentoring, and
career education programs; and awarding merit or
States must apply in partnership with private
academic scholarships to needy students. The
corporations or philanthropic organizations, and
federal share of funds may not exceed 33a% and
IHEs.
states must meet MOE requirements.
The federal share of funds is 50% for states that
apply in partnership with IHEs whose combined
enrollment represents less than half of all students
enrolled in the state; and 57% for states that apply
in partnership with IHEs whose combined
enrollment represents more than half of all
students enrolled in the state.
CRS-49
Current Law
Senate-Passed (S. 1642)
House-Passed (H.R. 4137)
Special Programs for Students Whose Families Are Engaged in Migrant and Seasonal Farmwork.
Under the High School Equivalency Program
Changes provision to include immediate family
Similar to Senate provision.
(HEP) and the College Assistance Migrant
who have spent a minimum of 75 days during the
Program (CAMP), recruitment services may be
past 24 months in migrant or seasonal farmwork.
used to reach individuals who have themselves or
whose parents have spent a minimum of 75 days
during the past 24 months in migrant or seasonal
farmwork.
CAMP grant recipients must provide followup
Adds requirements that grant recipients must
Similar to Senate provision.
services for migrant students after they complete
coordinate services with non-program services and
their first year of college.
aid provided by community based organizations,
and that grant recipients must encourage students
to transfer from two-year IHEs to four-year IHEs
and monitor transfer rates.
The minimum grant amount for HEP or CAMP is
Increases minimum grant amount for both
Similar to Senate provision.
$150,000.
programs to $180,000.
No similar provision.
Allows the Secretary to retain up to ½ of 1% of
Similar to Senate provision, but also requires the
funds appropriated for HEP and CAMP for
Secretary to make available at least 45% of the
outreach activities, technical assistance, and
remaining funds for HEP grants and at least 45%
professional development programs.
of the remaining funds for CAMP grants. Any
funds remaining after the aforementioned
reservation and allocations must be used to make
HEP or CAMP grants based on the number,
quality, and promise of the applications.
Requires the National Center for Education
Specifies that data must be collected and the
Similar to Senate provision.
Statistics to collect postsecondary education data
specific data that must be collected. Also requires
on migrant students.
the Secretary to submit a report to Congress at
least once every two years.
CRS-50
Current Law
Senate-Passed (S. 1642)
House-Passed (H.R. 4137)
Robert C. Byrd Honors Scholarship Program.
Four-year, merit-based scholarships are awarded
Expands eligibility to include home-schooled
Redesignates program as “Robert C. Byrd
by the state, to high school students who
students.
Mathematics and Science Honors Scholarship
demonstrate academic achievement and show
Program” and changes eligibility criteria to
promise of continued achievement.
students studying for baccalaureate and graduate
degrees in physical, life, or computer sciences;
mathematics; or engineering.
Establishes a nonprofit organization as a
managing agent of the program.
Extends award eligibility (subject to satisfactory
academic progress and program length) from four
to five years.
Mandates that students who do not complete their
degree program or who do not work in a related
field for five years must repay the award to the
managing agent.
CRS-51
Current Law
Senate-Passed (S. 1642)
House-Passed (H.R. 4137)
Mathematics and Science Incentive Program.
No similar provision.
No similar provision.
Establishes a new Mathematics and Science
Incentive program, under which the Secretary
will pay up to $5,000 in interest on FFEL and DL
program loans for new borrowers who agree to
serve for 5 consecutive years as highly qualified
teachers of science, technology, engineering, or
mathematics in high need LEAs; or as
mathematics, science, or engineering
professionals.
Foreign Language Partnerships.
No similar provision.
No similar provision.
Establishes the Foreign Language Partnership
program which authorizes the Secretary to award
competitive grants to IHEs in partnership with
one or more LEAs to establish teacher
preparation programs in critical foreign
languages. Funds are to be used to recruit
teachers and provide learning opportunities for
students. Grantees must fulfill a 100% non-
federal matching requirement.
CRS-52
Current Law
Senate-Passed (S. 1642)
House-Passed (H.R. 4137)
Adjunct Teacher Corps.
No similar provision.
No similar provision.
Establishes an Adjunct Teacher Corps program
which authorizes the Secretary to award
competitive grants to an LEA or an LEA in
partnership with a public or private educational
organization or business to create teaching
opportunities for mid-career professionals with
expertise in math, science, and critical foreign
languages. Funds are to be used to identify,
recruit, and train such professionals to become
teachers.
Child Care Access Means Parents in School.
The Secretary is authorized to provide grants to
Specifies a minimum grant award of $30,000
Raises minimum grant to $30,000. Lowers total
assist IHEs in providing campus-based child care
when the appropriation exceeds $20 million.
level of Pell funds to $250,000 for IHE
services to low-income students. An IHE is
Also, expands definition of a low-income students
eligibility. Expands definition of low-income
eligible for a grant if the total amount of Pell
to include those who would be eligible for Pell but
students to include those “whose income qualifies
funds awarded to students enrolled at the IHE
for enrollment in graduate level programs or for
for eligibility for Pell.”
equals or exceeds $350,000. The minimum grant
temporary U.S. status.
is $10,000.
Learning Anytime Anywhere Partnerships.
The Secretary is authorized to make grants to
Program is repealed.
Same as Senate provision.
partnerships to enhance the delivery and quality
of career-oriented lifelong learning through
technology.
CRS-53
Current Law
Senate-Passed (S. 1642)
House-Passed (H.R. 4137)
Teacher Education Assistance for College and Higher Education (TEACH) Grants.
The Secretary is authorized to disperse grants to
No similar provision.
Makes technical amendments and requires the
IHEs or directly to eligible teacher candidates.
Secretary to (1) provide applicants with a plain-
Grant converts to loan if recipient does not fulfill
language disclosure form that describes the
agreement to teach full-time in a high-need field
TEACH Grant award, the service obligation, and
for four years.
the loan repayment requirements, and (2) conduct
an evaluation of the program.
(Note: This program was added by the CCRAA,
P.L. 110-84.)
Federal Family Education Loan (FFEL) Program and William D. Ford Direct Loan (DL) Program.
Authority to make subsidized loans expires
Retains current law.
Extends authority to make subsidized FFEL loans
September 30, 2012; except for new loans to
through September 30, 2013; except for new
existing borrowers, in which case authority
loans to existing borrowers, in which case
expires September 20, 2016.
authority is extended through September 20,
2017.
Authority to make Consolidation Loans expires
Retains current law.
Extends authority to make FFEL Consolidation
September 30, 2012.
Loans through September 30, 2013.
Funds are authorized for administrative costs for
Retains current law.
Extends authorization for administrative costs for
the FFEL and DL programs through FY2011.
the FFEL and DL programs through FY2013.
No similar provision.
No similar provision.
Requires FFEL lenders, secondary markets,
holders, and guaranty agencies, if requested by an
IHE or third party servicer working for the IHE to
prevent defaults, to provide to the requestor, free
of charge, any student loan information
maintained by the entity pertaining to Title IV
loans made to a borrower. Requires safeguarding
of student loan information; and restricts the use
and sharing of such information by third party
servicers.
CRS-54
Current Law
Senate-Passed (S. 1642)
House-Passed (H.R. 4137)
No similar provision.
Requires FFEL lenders to provide borrowers of
No similar provision.
unsubsidized Stafford loans who are eligible for a
deferment with information on how the
(Note: A fairly comparable provision is included
capitalization of interest may impact the total
in “Requirements for Lenders and Institutions
amount to be repaid.
Participating in Educational Loan Arrangements”
under Title I of this table.)
Certain restrictions on inducements, mailings,
Revises restrictions on inducement, payments,
Retains current law.
and advertising apply to FFEL guaranty agencies.
mailings, and advertising by guaranty agencies to
include other items, such as stock or other
securities, prizes, travel, entertainment expenses,
and tuition payment. Revises the prohibition on
unsolicited mailings to apply to mailings by postal
or electronic means. Prohibits guaranty agencies
from performing or paying another person to
perform any function the IHE is required to
perform under Title IV, Parts B, D, or G.
FFEL guaranty agreements must contain certain
Adds requirement for lenders to provide borrowers
Retains current law.
provisions regarding the form of forbearance
with specific information when granting
granted by lenders.
forbearance, including information about the
impact of the capitalization of interest; and, at
least once every 180 days, information on the
accrual of interest.
Certain requirements apply to agreements with
Requires lenders to disclose in a clear and
Similar to Senate provision except House
lenders regarding consolidation loans.
conspicuous manner, information on any loan
provision limits applicability to loans made under
benefits that would be lost by borrowers who
Title IV, Part E.
consolidate loans that were made under Title IV,
Parts B, D, or E.
CRS-55
Current Law
Senate-Passed (S. 1642)
House-Passed (H.R. 4137)
The Secretary may enter into a voluntary flexible
Retains current law.
Requires the Secretary, in consultation with
agreement with a guaranty agency under HEA, §
guaranty agencies participating in voluntary
428A in lieu of agreements under § 428(a)&(c),
flexible agreements, to annually report to the
and under which the Secretary may waive or
authorizing committees on program outcomes
modify certain requirements.
that voluntary flexible agreements have had with
respect to program integrity; program and cost
efficiencies; delinquency prevention; default
aversion; consumer education programs; and the
availability and delivery of student financial aid.
Repayment of a PLUS Loan commences not later
Retains current law.
Specifies that repayment of a PLUS Loan to a
than 60 days after the date of disbursement,
parent borrower commences not later than 60
subject to deferment periods for which a parent or
days after disbursement; and that repayment of a
student borrower may be eligible.
PLUS Loan to a graduate or professional student
commences six months and one day after the
borrower ceases to carry at least one-half a
full-time academic workload.
A special rule provides authority for single
Retains current law.
Amends the special rule providing authority for
disbursement of student loans in certain
single disbursement of student loans in certain
circumstances in which IHEs have had a cohort
circumstances in which IHEs have had a cohort
default rate of 10% or less for the 3 most recent
default rate of 10% or less for the 3 most recent
fiscal years.
fiscal years, by substituting 15% for 10%,
beginning October 1, 2011.
An exemption to the provision prohibiting the
Amends the exemption to the provision
first installment of student loans to first year
prohibiting the first installment of student loans
undergraduates until 30 days after the beginning
from being disbursed to first year undergraduate
of their program of study is available to IHEs
students until 30 days after the beginning of their
with cohort default rates of less than 10% for the
program of study, by substituting 15% for 10%,
3 most recent fiscal years.
beginning Oct. 1, 2011.
The Secretary, guaranty agencies, lenders, and
Replaces “credit bureaus” with “consumer
Retains current law.
subsequent loan holders are required to enter into
reporting agencies;” and requires reporting of the
agreements with credit bureaus to exchange
type of loan, the repayment status of the loan, and
information concerning student borrowers.
any other information required by federal law.
CRS-56
Current Law
Senate-Passed (S. 1642)
House-Passed (H.R. 4137)
The Secretary’s financial transactions and the
Retains current law.
Prohibits the Secretary from entering into any
settlement of claims approved by the Secretary
settlement agreement of any claim that exceeds
are final.
$1 million, unless the Secretary has asked for a
review and opinion by the Attorney General.
Eligible FFEL lenders are required to disclose
In addition to existing requirements, permits
Retains current law.
certain information to borrowers regarding the
eligible lenders subject to Title V-A of the
terms and conditions of their loans.
Gramm-Leach-Bliley Act to only use, release,
disclose, sell, transfer, or give student information
(e.g., name, address, social security number, or
amount borrowed) as permitted by that subtitle.
Eligible FFEL lenders are required to disclose
Requires eligible lenders, loan holders, and
Retains current law.
certain information to borrowers regarding the
servicers to provide borrowers with certain
terms and conditions of their loans.
information on borrower benefits they offer, such
as interest rate reductions and any limitations on
such benefits.
No similar provision.
Requires FFEL guaranty agencies working with
Same as Senate provision, but also requires
IHEs they serve; and the Secretary working with
guaranty agencies to develop specific programs
IHEs in the DL program, to develop programs and
designed to prevent delinquencies and avert
materials for providing students with training on
defaults.
budgeting, financial management, debt
management, and financial literacy. Such
activities shall be considered default reduction
activities for purposes of section 422.
An IHE loses eligibility to participate in Title IV
Retains current law.
Amends the cohort default rate threshold
programs if its cohort default rate is equal to or
percentage at which IHEs lose eligibility under
greater than 25% for three consecutive years.
Title IV to 30% for FY2012 and after.
CRS-57
Current Law
Senate-Passed (S. 1642)
House-Passed (H.R. 4137)
No similar provision.
No similar provision.
Requires IHEs whose cohort default rate is
greater than or equal to the threshold percentage
(25% through FY2011; 30% thereafter) for any
fiscal year to establish a default prevention task
force to prepare a plan to reduce the IHEs cohort
default rate.
Requires IHEs whose cohort default rate is
greater than or equal to the threshold percentage
for 2 consecutive fiscal years to have their default
prevention task force review and revise their
default reduction plan, and to submit the revised
plan to the Secretary for review.
Generally, an eligible lender is defined as a
Revises restrictions on inducement, payments,
Revises the definition of “eligible lender” to
national or state chartered bank, a mutual savings
mailings, and advertising by eligible lenders to
include national and state chartered banks with
bank, a savings and loan association, a stock
address other items, such as payments for
assets of less than $1 billion.
savings bank, or a credit union.
referrals, finder fees, prizes, stock or other
securities, travel, entertainment expenses, tuition
A lender can be disqualified for various reasons,
payment, and additional financial aid funds.
including offering, directly or indirectly, points,
Expands the prohibition on unsolicited mailings to
premiums, payments, or other inducements, to
apply to mailings by postal or electronic means.
any IHE or other party to secure applicants for
FFEL loans.
Prohibits eligible lenders from entering into
consulting arrangements or other contracts with
employees of IHEs’ financial aid offices; and from
performing any function the IHE is required to
perform under HEA, Parts B, D, or G.
Restricts compensation provided by lenders to
students and employees of IHEs’ financial aid
offices.
IHEs may be eligible lenders; and eligible lenders
Terminates this authority on June 30, 2012.
Retains current law.
may serve as trustees for IHEs.
CRS-58
Current Law
Senate-Passed (S. 1642)
House-Passed (H.R. 4137)
! Cohort default rates are
Retains current law.
Revises calculation of cohort default rate,
calculated on the basis of
effective FY2008, to be calculated on the basis
borrowers who default on their
of borrowers who default on their loans before
loans by the end of the first
the end of the second fiscal year after the fiscal
fiscal year after they enter
year in which they enter repayment.
repayment.
! The Secretary is required to
Similar to current law except the Secretary must
annually publish cohort default
also publish “life of cohort default rate” data,
rate data for categories of IHEs.
which show the percentage of borrowers who
default on their loans before the end of each
succeeding fiscal year.
FFEL and DL loans borrowers who die or
Specifies that in addition to FFEL and DL loans
Specifies that FFEL and DL borrowers who
become permanently and totally disabled (as
being discharged in the case of a student who dies
receive a permanent total disability rating from
determined in accordance with regulations) may
or becomes permanently and totally disabled, such
the Secretary of Veterans Affairs, and provide
have their loans discharged.
loans will also be discharged in the case of a
such documentation to the Secretary, shall be
student borrower who is unable to engage in any
considered permanently and totally disabled for
substantial gainful activity by reason of any
the discharge of student loans, and shall not be
medically determinable physical or mental
required to present additional documentation.
impairment that can be expected to result in death,
and has lasted or can be expected to last at least 60
months.
CRS-59
Current Law
Senate-Passed (S. 1642)
House-Passed (H.R. 4137)
No similar provision.
No similar provision.
Establishes a Loan Forgiveness for Service in
Areas of National Need program, and authorizes
the Secretary to forgive up to $2,000 in FFEL or
DL student loan debt (other than PLUS Loans
borrowed on behalf of a dependent student), per
year of full-time employment in an area of
national need, with a maximum of $10,000 over
five years of service.
Areas of national need include early childhood
educators; nurses; foreign language specialists;
librarians; highly qualified teachers; child welfare
workers; speech-language pathologists; national
service participants; school counselors; certain
public sector employees; nutrition professionals;
medical specialists; physical therapists; and
superintendents, principals, and other (school)
administrators.
No similar provision.
No similar provision.
Establishes a new Loan Forgiveness for
Volunteer Mentoring program under which the
Secretary shall forgive FFEL or DL student loan
debt (other than parent PLUS Loans) in the
amount of $10 per hour of mentoring, (with a
maximum of $10,000 per borrower) for
borrowers who attend a recognized community
college and who commit to volunteering as a
mentor of an at-risk child for a period of at least 1
school year.
CRS-60
Current Law
Senate-Passed (S. 1642)
House-Passed (H.R. 4137)
No similar provision.
Establishes a Loan Repayment for Civil Legal
Similar to Senate provision.
Assistance Attorneys, under which the Secretary
would assume the obligation to repay loans made
under Title IV, Parts B, D, or E, for borrowers
employed full-time, for not less than three years,
as civil legal assistance attorney. The Secretary
may repay up to $6,000 per year; with an
aggregate total of $40,000.
No similar provision.
No similar provision.
Provides that interest shall not accrue on DL
program loans that are disbursed on or after
October 1, 2008, for borrowers serving on active
duty or performing qualifying National Guard
duty during a war or other military operation or
national emergency; and for borrowers serving in
an area of hostilities qualifying for special pay.
No similar provision.
No similar provision.
Requires a financial and compliance audit of all
DL program loans owned by ED; and all
contracts pertaining to the DL program.
Requires the Secretary to make available annual
budget justifications and quarterly reports
pertaining to the administration of the DL
program.
Requires the Secretary to report annually to
Congress on the impact of the DL program on the
national debt.
No similar provision.
No similar provision.
Requires the Secretary and the Secretary of the
Treasury to conduct a joint evaluation of the
Competitive Loan Auction Pilot program; and to
submit reports to the authorizing committees.
CRS-61
Current Law
Senate-Passed (S. 1642)
House-Passed (H.R. 4137)
Federal Work-Study (FWS) Programs.
The allowance for books and supplies used in
Increases the allowance for books and supplies to
Similar to Senate provision.
calculating each IHE’s average COA for the
$600.
purpose of allocating funds according to the “fair
share” allocation procedures is $450.
IHEs must use at least 7% of their FWS
Revises the criteria upon which the Secretary may
Revises the definition of “community services” to
allocation to compensate students employed in
grant a waiver, such that waivers may be granted
include “responding to the needs of the
community service; and must operate at least one
if enforcement would cause hardship for students
community, which may include activities in
tutoring or family literacy project. These
at the IHE; or if the IHE certifies that 15% or
preparation for and during emergencies and
requirements may be waived if the Secretary
more of its full-time students participate in
natural disasters.”
determines that enforcement would cause
specified community service or tutoring and
hardship for students at the IHE.
literacy activities.
Requires IHEs to operate at least 1 civic
education and participation project in meeting its
requirement to use at least 7% of their FWS
allocation to compensate students employed in
community service.
No similar provision.
No similar provision.
Establishes a new Off-Campus Community
Service Grant program under which the Secretary
may award grants to IHEs to recruit and
compensate students for off-campus community
service employment.
No similar provision.
No similar provision.
Authorizes the Secretary to award grants to IHEs
to recruit and compensate students for off-
campus community service employment, with
priority for the support of early childhood
education activities, and activities in preparation
for and during emergencies and natural disasters.
IHEs may use not more than 10% or $50,000 of
Permits IHEs to use not more than 10% or
Retains current law.
their FWS allocations for job location and
$75,000 of their FWS allocations for job location
development programs.
and development programs.
CRS-62
Current Law
Senate-Passed (S. 1642)
House-Passed (H.R. 4137)
Certain requirements apply to “work-learning”
Revises requirements applicable to work colleges,
Similar to Senate provision.
programs operated by work colleges.
including:
! referring to programs as
“comprehensive work-learning-
service programs;”
! limiting eligibility to public or
private four-year, degree-
granting IHEs; and
! requiring resident students to
participate in comprehensive
work-learning-service programs
for not less than 5 hours per
week, or 80 hours per period of
enrollment.
Federal Perkins Loans.
The allowance for books and supplies used in
Increases the allowance for books and supplies to
Similar to Senate provision.
calculating each IHE’s average COA for the
$600.
purpose of allocating funds according to the “fair
share” allocation procedures is $450.
CRS-63
Current Law
Senate-Passed (S. 1642)
House-Passed (H.R. 4137)
According to agreements with IHEs for the
Retains current law.
Provides that if an IHE has not knowingly failed
payment of federal capital contributions, if an
to maintain an acceptable collection record with
IHE has not knowingly failed to maintain an
respect to a defaulted Perkins Loan, the Secretary
acceptable collection record with respect to a
may allow the IHE to refer the loan to the
defaulted loan, the Secretary may allow the IHE
Secretary, without recompense, except that the
to
amount collected (less collection costs) shall be
! transfer the loan to the Secretary
repaid to the referring IHE within 180 days of
for collection and the proceeds
collection and shall be treated as an additional
(less collection costs) may be
federal capital contribution.
reallocated to other IHEs, or
! refer the loan to the Secretary
Limits the authority of the Secretary to require
for collection and the proceeds
the mandatory assignment of Perkins Loans.
(less collection costs) shall be
repaid to the IHE and treated as
an additional capital
contribution.
Perkins Loan limits are
Retains current law.
Increases loan limits to
! $4,000 per year for
! $5,500 per year for
undergraduate students; and
undergraduate students; and
$6,000 per year for graduate and
$8,000 per year for graduate and
professional students.
professional students.
! $20,000 aggregate for
! $27,500 aggregate for
undergraduate students who
undergraduate students who
have completed two years of
have completed two years of
study; $40,000 aggregate for
study; $60,000 aggregate for
graduate and professional
graduate and professional
students; and $8,000 aggregate
students; and $11,000 aggregate
for all other students.
for all other students.
Perkins Loan borrowers must request a
Eliminates this provision.
Same as Senate provision.
forbearance in writing.
Perkins Loan borrowers may rehabilitate a
Retains current law.
Reduces the amount of time to 9 on-time,
defaulted loan by making 12 on-time,
consecutive, monthly payments.
consecutive, monthly payments.
CRS-64
Current Law
Senate-Passed (S. 1642)
House-Passed (H.R. 4137)
Perkins Loans may be cancelled for employment
Expands occupations for which Perkins Loans
Similar to Senate provision, except loan
in certain types of public service jobs.
may be cancelled at the rate of 15% per year of
cancellation at the rate at the rate of 15% for the
service to include
first and second years of service; 20% for the
! full-time staff member in a pre-
third and fourth years of service; and 30% for the
kindergarten or child care
fifth year of service is also provided to full-time
program that is licensed or
fire fighters.
regulated by the state.
Expands occupations for which Perkins Loans
may be cancelled at the rate at the rate of 15% for
the first and second years of service; 20% for the
third and fourth years of service; and 30% for the
fifth year of service to include
! full-time faculty member at a
TCU;
! librarian with a master’s degree
in library science, and employed
in a school served under Title I
of the ESEA, or a public library
serving a Title I school; and
! full-time speech language
therapist with a master’s degree
working exclusively in Title I
schools; and
! service as a member of the armed
forces in an area of hostility
(currently 12½% per year for up
to four years).
CRS-65
Current Law
Senate-Passed (S. 1642)
House-Passed (H.R. 4137)
Perkins Loans borrowers who die or become
Specifies that in addition to Perkins loans being
Specifies that borrowers who receive a permanent
permanently and totally disabled (as determined
discharged in the case of a student who dies or
total disability rating from the Secretary of
in accordance with regulations) may have their
becomes permanently and totally disabled, such
Veterans Affairs, and who provide such
loans discharged.
loans will also be discharged in the case of a
documentation to the Secretary, shall be
student borrower who is unable to engage in any
considered permanently and totally disabled for
substantial gainful activity by reason of any
the discharge of student loans; and that such
medically determinable physical or mental
borrowers shall not be required to present
impairment that can be expected to result in death,
additional documentation.
and has lasted or can be expected to last at least 60
months.
Need Analysis: Cost of attendance.
Defines an allowance for room and board costs
Expands definition to include a room and board
Same as Senate provision.
incurred by a student without dependents who
allowance for students who live in housing located
resides at home and for students who live on-
on a military base or who receive a basic
campus in institutionally owned and operated
allowance for housing. The allowance would be
housing.
based on the reasonable expenses incurred solely
for board, not for room.
Need Analysis: Definitions.
Untaxed Income and Benefits: The term untaxed
Excludes the value of military housing or a
Same as Senate provision.
income and benefits means, “... housing, food,
military housing allowance received by a student
and other allowances for military, clergy, and
or his/her parent, from consideration as untaxed
others.”
income or benefits in the need analysis formula.
Total income is equal to adjusted gross income
Retains current law.
Specifies that the term “total income” with
plus untaxed income and benefits for the
respect to dislocated workers is equal to
preceding tax year minus excludable income.
estimated untaxed income and benefits for the
current tax year minus estimated excludable
income for the current year.
CRS-66
Current Law
Senate-Passed (S. 1642)
House-Passed (H.R. 4137)
Definition of an Academic Year.
On a case-by-case basis, the Secretary may
Clarifies that the Secretary may only reduce the
No similar provision.
reduce the minimum number of weeks of
number of weeks of instruction for programs that
instruction in an academic year from 30 weeks to
measure program length in credit hours or clock
26 weeks, for good cause, for IHEs providing a
hours. The Secretary may not waive the
two-year or four-year program of instruction for
requirement for IHEs that solely measure student
which the institution awards an associate’s or
learning based on direct assessment.
bachelor’s degree.
Compliance Calendar.
No similar provision.
Requires the Secretary prior to the beginning of
Similar to Senate provision.
each award year, to provide IHEs with a list of all
reports and disclosures required under the HEA,
including the date each report or disclosure is due,
required recipients of each report or disclosure, the
required content of each report or disclosure,
references to statutory authority, and applicable
regulations.
Forms and Regulations.
No similar provision.
Requires the Secretary to develop an EZ-Free
Similar to Senate provision except the House
Application for Federal Student Aid (FAFSA) for
provision would apply to individuals who are
individuals eligible for automatic-zero expected
eligible for auto-zero EFC and simplified needs
family contribution (auto-zero EFC). The form
test (SNT).
shall only contain elements necessary to determine
student eligibility for federal student aid and if the
applicant is eligible for auto-zero EFC. Secretary
shall include state specific data on the EZ-FAFSA,
if state allows residents to use EZ-FAFSA to apply
for state aid.
CRS-67
Current Law
Senate-Passed (S. 1642)
House-Passed (H.R. 4137)
No similar provision.
Develops a simplified electronic form for
Same as Senate provision.
auto-zero EFC and SNT-eligible applicants.
Secretary shall only include state specific data on
the simplified electronic version if State allows
residents to use simplified version to apply for
state aid.
No similar provision.
The Secretary shall phase-out printing the full
Similar to Senate provision except House does
paper FAFSA at such time as he/she determines it
not include a provision for phasing out printing
is not cost effective to print the full version. Prior
the full paper FAFSA.
to the phase-out and after, the Secretary shall
maintain a paper form on the Internet. Any
savings produced shall be used to help to improve
access to electronic forms for students who qualify
for auto-zero EFC.
No similar provision.
The Secretary shall encourage states to utilize the
Same as Senate provision.
simplified forms to award state aid. States that do
not permit the use of the forms must inform the
Secretary of the reason(s) for not allowing. If state
fails to inform the Secretary, Secretary can allow
applicants from that state to complete the
simplified application and not answer the
state-specific questions.
No similar provision.
Within 180 days of the date of enactment, the
No similar provision.
Secretary shall implement a real-time data match
between the Social Security Administration and
ED to minimize the time required to receive a
personal identification number.
No similar provision.
The Secretary shall determine, in cooperation with
No similar provision.
the states, IHEs and organizations involved in
student financial assistance, the data elements that
can be updated from the previous year’s FAFSA.
CRS-68
Current Law
Senate-Passed (S. 1642)
House-Passed (H.R. 4137)
No similar provision.
Applicants can complete FAFSA in the years prior
Same as Senate provision.
to enrolling in postsecondary education to obtain a
non-binding expected family contribution (EFC).
No similar provision.
The Secretary is authorized to include space for
No similar provision.
parent’s social security number and date of birth
on the FAFSA.
No similar provision.
Any entity that provides any value-added service
Similar to Senate provision except the House
such as completion or submission of the FAFSA
does not specify that entities cannot charge
shall provide a clear and conspicuous notice that
recipients who qualify for SNT or auto-zero EFC.
the FAFSA is free; can be completed without
professional assistance; and provide a link to ED’s
website. Also, such entities cannot charge
recipients who qualify for SNT or auto-zero EFC.
No similar provision.
The Secretary shall implement an early application
Same as Senate provision.
demonstration study program that enables
dependent students to complete a FAFSA two
years prior to enrollment in an IHE. The Secretary
shall partner with states, IHEs and secondary
schools.
No similar provision.
The Secretary shall evaluate the demonstration
Similar to Senate provision.
program to measure the program’s benefits and
adverse effects. The evaluation should: identify
whether financial awards or estimates, as
applicable, have a positive impact on the higher
education aspirations and plans of the student;
determine whether using income data from two
years prior would impact the state’s and IHEs
ability to make financial aid awards and
commitments; focus on simplifying the financial
aid application process; and developing alternative
approaches to calculating the EFC.
CRS-69
Current Law
Senate-Passed (S. 1642)
House-Passed (H.R. 4137)
No similar provision.
Upon conclusion of the study the Secretary in joint
Sense of the Congress that ED and the Secretary
decision with the Secretary of the Treasury may
of Treasury should work together to develop a
use Internal Revenue Service (IRS) data to pre-
process by which ED would be able to obtain
populate the FAFSA if such use would not
student’s financial information from the IRS,
negatively impact students, IHEs, states or the
with the student’s permission, to assist with
federal government on each of the following
completing the FAFSA. Secretary should also
criteria: program costs; re-distributive effects on
report to Congress within one year on the
students; accuracy of aid determinations. Also
progress of these efforts.
should reduce burden to FAFSA filers.
No similar provision.
No similar provision.
The Secretary shall prepare a report on the
adequacy of the financial aid offer letters IHEs
provide to students and their family. Included in
the report should be a model form which includes
COA, tuition and fees, books and supplies,
amount of aid that does not have to be repaid,
types and amounts of loans, etc.
Student Eligibility.
A student is considered to have satisfactorily
Retains current law.
Specifies that the student must successfully pass
completed a drug rehabilitation program if it
the two unannounced drug tests.
includes two unannounced drug tests.
No similar provision.
No similar provision.
Secretary shall require all IHEs to provide each
student upon enrollment with a separate clear and
conspicuous notice about the penalties associated
with drug convictions.
Students from the Republic of the Marshall
Retains current law.
Eliminates the exemption for students from the
Islands (RMI), the Federated States of
Republic of the Marshall Islands and the
Micronesia (FSM), and the Republic of Palau
Federated States of Micronesia.
(Palau) do not have to provide their social
security number when applying for federal
student aid.
CRS-70
Current Law
Senate-Passed (S. 1642)
House-Passed (H.R. 4137)
Students who are citizens of RMI, FSM, and
No similar provision.
Specifies that this provision applies to students
Palau shall be eligible for assistance under
from Palau, and only for federal student aid under
subparts 1 and 3 of part A and part C until
Title IV subpart 1 of part A. The provision would
September 30, 2004.
expire September 30, 2009.
(Note: The Compact of Free Association
Amendments of 2003, P.L. 108-188 makes
similar provisions for RMI and FSM until
FY2023)
A student who is not a high school graduate may
Allows IHEs to determine that a student has the
Retains current law.
be eligible for federal student aid if it is
ability to benefit from postsecondary education if
determined that the student has the ability to
the student satisfactorily completes six credit
benefit from postsecondary education based on
hours or the equivalent coursework applicable
the student’s score on a specific examination, by
toward a degree or certificate offered by the IHE.
meeting a state’s standards for making this
determination, or by completing secondary
school through home schooling.
A student enrolled in a course of instruction at an
Changes the current law reference of
Similar to Senate provision.
IHE that is offered in whole or in part through
“telecommunications” to “distance education” to
telecommunications and leads to a recognized
be consistent with the newly added definition of
certificate or degree shall not be considered to be
distance education and specifies that students
enrolled in correspondence courses.
enrolled in a course of instruction offered
“principally through distance education” that leads
to a recognized degree or certificate would not be
considered to be enrolled in correspondence
courses.
CRS-71
Current Law
Senate-Passed (S. 1642)
House-Passed (H.R. 4137)
No similar provision.
Authorizes students with intellectual disabilities,
Similar to Senate provision but limits
who would not otherwise qualify, as eligible for
participation to federal grant or work assistance
federal grant or work assistance under subparts 1
under section 401 and subpart 3 of part A and
and 3 of Part A and Part C of Title IV.
part C of Title IV.
Eliminates certain student eligibility requirements
In addition to the exemptions in the Senate bill,
to receive aid including being accepted for
the House also exempts students who are not high
enrollment in a program leading to a recognized
school graduates. Requires the Secretary to issue
credential and maintaining satisfactory academic
regulations for programs enrolling students with
progress.
intellectual disabilities to enable the programs to
be considered eligible programs for the purposes
Intellectual disability defined as a person who: has
of the aforementioned federal student aid
a cognitive impairment that substantially affects
programs even if they do not meet existing
intellectual and cognitive functioning; is eligible
program eligibility requirements for these aid
for assistance under the Individuals with
programs (e.g., instructional time requirements.)
Disabilities and Education and Improvement Act
(IDEA) and completed secondary school or who is
no longer eligible for IDEA because of age; and is
enrolled or accepted for enrollment in a
comprehensive transition or postsecondary
education program that meets requirements such
as preparing students for gainful employment.
CRS-72
Current Law
Senate-Passed (S. 1642)
House-Passed (H.R. 4137)
Data Analysis on Access to Federal Student Aid for Certain Populations.
No similar provision.
No similar provision.
Requires the Secretary in consultation with the
Central Processing System, to analyze FAFSA
data, specifically the number and characteristics
of students who were denied federal student aid
due to a drug conviction. Data are to be
maintained annually, and updated at least once
per year.
Statute of Limitations and State Court Judgments.
Certain provisions ensure that obligations to
Protects IHEs that participate in the Perkins Loan
Same as Senate provision except no provision for
repay loans and grant overpayments are enforced.
program against a defense raised by a borrower
deceased students.
For example, in collecting on a defaulted FFEL
based on a claim of infancy.
program loan, a guaranty agency or the Secretary
shall not be subject to a defense raised by a
In the case of a deceased student, neither the
borrower based on a claim of infancy due to
student’s estate nor the student’s estate shall be
having borrowed a loan prior to reaching the age
required to repay any Title IV aid, student loan
of legal majority.
interest, or collection costs.
Institutional Refunds.
If an IHE determines that a student did not begin
Provides an IHE with the option of also
Retains current law.
the withdrawal process or failed to notify the
determining that the HEA requirements related to
institution of his/her intent to withdraw due to
the return of Title IV funds do not apply to the
student illness, accident, or other circumstances
student.
beyond the student’s control, the IHE may
determine the appropriate withdrawal date.
CRS-73
Current Law
Senate-Passed (S. 1642)
House-Passed (H.R. 4137)
Institutional and Financial Assistance Information for Students.
Establishes requirements for information that
Requires institutions to also disclose information
Retains current law.
must be disclosed to prospective and current
about any plans the institution has for improving
students upon request.
its academic programs.
No similar provision.
Requires IHEs to make available to current and
Similar to Senate provision.
prospective students the institution’s policies and
sanctions related to copyright infringement.
No similar provision.
Requires IHEs to make available to current and
No similar provision.
prospective students, upon request, information on
student body diversity, employment of graduates,
types of graduate and professional education
pursued by graduates of four-year degree
programs, and student retention rates.
No similar provision.
No similar provision.
Requires IHEs to make available to current and
prospective students, upon request, their policies
regarding meningococcal vaccinations.
Requires IHEs to make available to current and
Requires IHEs to disaggregate data by gender,
No similar provision.
prospective students, upon request, data on the
race/ethnicity, receipt of Pell, receipt of specific
completion or graduation rates of certificate or
federal student loans, and receipt of other federal
degree-seeking, full-time undergraduate students.
aid.
IHEs must provide exit counseling for borrowers,
Adds additional requirements to be discussed
Retains current law.
which must include a discussion of the average
through exit counseling, including loan
anticipated monthly repayment amount, a review
prepayment requirements, consequences of
(Note: A fairly comparable provision, that would
of repayment options, and information on partial
default, information about loan consolidation, and
apply to lenders rather than IHEs, is included in
cancellations or deferment of repayments. Each
information about the National Student Loan Data
“Requirements for Lenders and Institutions
institution must require students receiving Title
System (NSLDS). Requires that the IHE provide
Participating in Educational Loan Arrangements”
IV loans to participate in an exit interview.
the borrower with a “clear and conspicuous
under Title I of this table.)
notice” regarding the effects of using a
consolidation loan.
CRS-74
Current Law
Senate-Passed (S. 1642)
House-Passed (H.R. 4137)
The Secretary must compile and disseminate
Requires the Secretary to also collect and
Retains current law.
information on state and other prepaid tuition and
disseminate information on state grant assistance.
savings plans.
IHEs may exclude from their reports on the
Adds that if these students represent 20% or more
Similar to Senate provision.
completion and graduation rates of students and
of certificate or degree-seeking, full-time,
student athletes, students or student athletes who
undergraduate students, the IHE may recalculate
leave school to serve in the armed forces, on
the completion and graduation rates of such
official church missions, or with a recognized
students by excluding the time period during
foreign aid service of the federal government.
which they were not enrolled due to service in the
armed forces, on an official church mission, or
with a recognized foreign aid service of the federal
government.
All IHEs participating in Title IV must disclose
Excludes foreign institutions from this
Similar to Senate provision.
their campus security policies and campus crime
requirement.
statistics.
No similar provision.
No similar provision.
Requires IHEs to provide current and prospective
students with a statement of the IHE’s current
policies regarding campus law enforcement,
including the authority of the law enforcement
personnel, the working relationship between
campus security personnel with state and local
law enforcement agencies and whether a written
agreement exists with such agencies, and the
IHE’s plans to coordinate with state and local law
enforcement in the investigation of a felony or
report of a missing student.
CRS-75
Current Law
Senate-Passed (S. 1642)
House-Passed (H.R. 4137)
No similar provision.
Requires IHEs to include a statement of their
Similar to Senate provision but requires the
policies regarding immediate emergency response
campus community to be notified within 30
and evacuation procedures. Among other things,
minutes in the event of an emergency or
these policies must include procedures to notify
dangerous situation occurring on-campus, off-
the campus community in a “timely and
campus, or on public property.
responsive manner” in the event of an emergency
or dangerous situation occurring on-campus and
procedures to test emergency response and
evacuation procedures annually.
No similar provision.
Requires each IHE to publicly disclose its transfer
Similar to Senate provision.
of credit policies, which must include the
disclosure of any criteria used to evaluate the
transfer of credit (e.g., the accreditation held by
the sending institution) and a list of IHEs with
which the IHE has established articulation
agreements.
No similar provision.
Prohibits the Secretary or the Accreditation and
Prohibits the Secretary or NACIQI from
Institutional Quality and Integrity Advisory
requiring particular policies, procedures, or
Committee (formerly NACIQI) from requiring
practices by IHEs regarding transfer of credit.
particular policies, procedures, or practices by
IHEs regarding transfer of credit.
No similar provision.
States that the disclosure of the transfer of credit
Similar to Senate provision.
policy by the IHE does not: (1) permit ED to
exercise any direction, supervision, or control over
the curriculum, instruction, administration, or
personnel at any IHE or over any accrediting
agency; (2) limit the application of the General
Education Provisions Act; or (3) provide students
with legally enforceable rights to require an IHE
to accept a transfer of credit.
CRS-76
Current Law
Senate-Passed (S. 1642)
House-Passed (H.R. 4137)
No similar provision.
Requires IHEs to annually disclose information on
Similar to Senate provision but adds a
fire safety practices and standards.
requirement prohibiting retaliation by an IHE or
its employees, officers, and agents against an
individual for the purpose of interfering with the
implementation of fire safety standards and
measures or because an individual has
complained, testified, assisted, or otherwise
participated in an investigation, proceeding, or
hearing.
No similar provision.
No similar provision.
Requires IHE to implement missing person
procedures.
No similar provision.
No similar provision.
Requires IHEs to provide each student, upon
enrollment, with a “separate, clear, and
conspicuous written notice” that provides
information on the penalties associated with
drug-related offenses.
No similar provision.
No similar provision.
Requires IHEs to provide each student, within
two weeks of being notified by the Secretary that
the student has been convicted of a drug-related
offense that resulted in the loss of eligibility for
Title IV aid, with a “separate, clear, and
conspicuous written notice” that notifies the
student of the loss of Title IV eligibility and
discusses ways to regain Title IV eligibility.
No similar provision.
No similar provision.
Requires the Secretary to carry out an articulation
agreement program with states, in cooperation
with public IHEs, to develop, enhance, and
implement comprehensive articulation
agreements among such IHEs in a state, and (to
the extent practicable) across state lines, by 2010.
CRS-77
Current Law
Senate-Passed (S. 1642)
House-Passed (H.R. 4137)
No similar provision.
Requires IHEs to provide entrance counseling for
No similar provision.
first-time student borrowers of Title IV part B or
part D loans.
Program Participation Agreement (PPA).
No similar provision.
Requires IHEs participating in Title IV to
Requires IHEs that participate in a Title IV loan
establish and make publicly available a code of
program, or have students who obtain private
conduct regarding student loans. Major
educational loans, to develop, publish,
components of codes of conduct include the
administer, and enforce a Code of Conduct
following:
pertaining to educational loans. Major
! revenue sharing prohibition;
components of codes of conduct include the
! gift and trip prohibition;
following:
! contracting arrangement
! revenue sharing prohibition;
prohibition;
! gift and trip prohibition;
! advisory board compensation
! contracting arrangement
prohibition; and
prohibition;
! requirements for interaction with
! advisory board compensation
borrowers.
prohibition;
! ban on staffing assistance; and
! prohibition on offers of funds
for private loans.
CRS-78
Current Law
Senate-Passed (S. 1642)
House-Passed (H.R. 4137)
No similar provision.
Provides that if an IHE has willfully contravened
Requires covered IHEs and lenders to comply
its attestation of compliance with the code of
with Title IV as a condition of receiving Federal
conduct, the Secretary my limit, suspend, or
funds or assistance provided after the date of
terminate the IHE’s eligibility for the Title IV loan
enactment. Specifies penalties for violation of
programs.
the code of conduct.
! For covered IHEs and lenders
that do not participate in a Title
IV program, the Secretary may
impose a civil penalty of not
more than $27,500.
! For lenders that do participate in
a Title IV program, the
Secretary may impose a civil
penalty of not more than
$27,500, or may limit,
terminate, or suspend the
lender’s participation in the
Title IV program.
No similar provision.
Adds new reporting and disclosure requirements
Adds new reporting and disclosure requirements
applicable to IHEs that maintain a preferred lender
applicable to IHEs that maintain a preferred
list for loans made under Part B.
lender list for loans made under Part B and for
private loans.
No similar provision.
Requires IHEs to establish and make publicly
No similar provision is added to the PPA.
available a code of conduct regarding student
loans that addresses issues such as, revenue
(Note: A fairly comparable provision is included
sharing, contracting arrangements, and advisory
in “Requirements for Lenders and Institutions
board compensation.
Participating in Educational Loan Arrangements”
under Title I of this table.)
Requires institutions to provide voter registration
Allows propriety institutions to comply with the
Similar to Senate provision except would apply
information to students.
requirement by transmitting voter registration
to all IHEs.
information electronically.
CRS-79
Current Law
Senate-Passed (S. 1642)
House-Passed (H.R. 4137)
Proprietary institutions are required to earn 10%
Moves the 90/10 rule from Title I to the PPA, and
Similar to Senate provision.
of their revenue from non-Title IV sources of
subjects proprietary institutions violating this rule
revenue as a condition of institutional eligibility;
to sanctions.
also referred to as the 90/10 rule.
(Note: By making this change, the 90/10 rule is no
longer an institutional eligibility requirement.)
Requires the Secretary to issue regulations
Permits the Secretary to modify the requirements
Similar to Senate provision but also provides the
regarding financial and compliance audits of
for a foreign institution.
Secretary with the option of waiving
institutions.
requirements for foreign institutions whose
students receive less than $500,000 in Title IV
loans.
No similar provision.
Adds requirements for IHEs related to teach-outs.
No similar provision.
Defines a teach-out plan as a written plan
providing for the equitable treatment of students if
an IHE ceases operations before all students have
completed their program of study.
No similar provision.
Requires that IHEs that violate their code of
No similar provision is added to the PPA.
conduct regarding students loans have their
eligibility to participate in the federal student loan
(Note: A fairly comparable provision is included
programs limited, suspended, or terminated.
in “Requirements for Lenders and Institutions
Participating in Educational Loan Arrangements”
under Title I of this table.)
No similar provision.
No similar provision.
Requires institutions to annually report on the
number and percent of students: taking classes
online or through distance education, taking
courses exclusively online or through distance
education, and the number and percent of courses
offered online or through distance education.
No similar provision.
No similar provision.
Requires institutions to disclose to the alleged
victim of a violent crime or non-forcible sex
offense the final results of any disciplinary
proceedings conducted by the institution against
the alleged perpetrator.
CRS-80
Current Law
Senate-Passed (S. 1642)
House-Passed (H.R. 4137)
No similar provision.
Requires the cash basis of accounting to be used
Similar to Senate provision.
for purposes of determining compliance with the
(Note: Requirements related to the 90/10 rule are
90/10 rule.
currently addressed through regulations.)
No similar provision.
Permits institutions to count the following funds
Similar to Senate provisions except the House:
as non-Title IV revenue for purposes of
! Specifically prohibits the IHE
determining compliance with the 90/10 rule:
from counting funds that it uses
! non-Title IV aid used by students
to satisfy matching
to pay their institutional charges;
requirements for Title IV
! funds used by institutions to
programs; and
satisfy matching requirements
! Only permits IHEs to count
for Title IV programs;
institutional scholarships,
! funds used by students from a
including tuition discounts,
529 plan to pay institutional
based on merit or financial
charges;
need, that are distributed from
! funds paid by a student to the
an established restricted
institution for a training program
account.
that is not eligible for Title IV
funds but is approved or licensed
by the appropriate state agency
or accrediting agency;
recognized by the Secretary
! funds generated by the institution
from activities that are necessary
for the education and training of
students;
! amount of loan repayment
received by the institution during
the relevant fiscal year;
! institutional scholarship funds
distributed from an established
restricted account; and
! tuition discounts provided based
on academic merit or financial
need.
CRS-81
Current Law
Senate-Passed (S. 1642)
House-Passed (H.R. 4137)
No similar provision.
No similar provision.
Specifies funds that may not be included in
determining compliance with the 90/10 rule (e.g.,
LEAP funds and institutional funds used to match
Title IV program funds).
No similar provision.
Requires institutions that fail to comply with the
Similar to Senate provision but also requires an
90/10 rule in any year to be placed on provisional
institution to demonstrate its compliance with
certification and subjected to increased monitoring
financial responsibility requirements.
and reporting requirements.
No similar provision.
Institutions that fail to comply with the 90/10 rule
Similar to Senate provision but institutions must
for two consecutive years lose their Title IV
demonstrate compliance with all eligibility
eligibility until the institution demonstrates
requirements for at least three fiscal years prior to
compliance with the 90/10 rule.
regaining Title IV eligibility.
No similar provision.
Requires the Secretary to publicly disclose the
Similar to Senate provision.
name of any institution that fails to comply with
the 90/10 rule in a given year.
No similar provision.
No similar provision.
Requires the Secretary to annually submit to
Congress the 90/10 rule revenue calculations for
each institution required to comply with the
90/10 rule.
No similar provision.
No similar provision.
Requires IHEs to establish a policy on the
disposal or disposition of all technology assets
which may contain personal and sensitive student
data.
No similar provision.
No similar provision.
Requires an institution to provide each admitted
student considering enrollment in an
undergraduate or graduate program with tuition
and fee information for multiple years or for a
single year with non-binding multi-year estimates
of net costs after the award of all financial aid.
CRS-82
Current Law
Senate-Passed (S. 1642)
House-Passed (H.R. 4137)
No similar provision.
No similar provision.
Requires the Secretary to issue regulations to
provide for the review of an institution’s
compliance with provisions governing the
enrollment of students who are not high school
graduates if it is determined through required
financial and compliance audits that more than
5% of the institution’s enrollment qualified for
Title IV aid based on ability to benefit from
postsecondary education provisions.
Regulatory Relief and Improvement: Quality Assurance Program (QAP).
The QAP provides participating IHEs with an
Authorizes the Secretary to continue the voluntary
Similar to Senate provision, but requires the
alternative management approach by which
participation of experimental sites in existence
termination of any currently participating sites
individual IHEs can develop their own systems
prior to the enactment of this act. Any activities
determined by the Secretary to not have fulfilled
for processing and disbursing student financial
approved by the Secretary prior to that date that
the purpose of the program by June 30, 2009.
aid, verifying financial data, and providing
have not fulfilled the purpose of the program must
entrance and exit interviews.
be discontinued by June 30, 2008. Also requires
the Secretary to review and submit a biennial
report to the authorizing committees on the
experience of participating IHEs. Authorizes the
Secretary to periodically select additional IHEs for
voluntary participation in the QAP.
Transfer of Allotments.
IHEs may transfer up to 25% of their Perkins
Allows IHEs to transfer up to 25% of their
Allows IHEs to transfer up to 25% of their FWS
Loan FCC allotment to FSEOG and/or FWS; and
FSEOG allotment to FWS.
allotment to federal capital contributions for the
up to 25% of their FWS allotment to FSEOG.
Federal Perkins Loan program.
CRS-83
Current Law
Senate-Passed (S. 1642)
House-Passed (H.R. 4137)
Advisory Committee on Student Financial Assistance (ACSFA).
ACSFA currently provides extensive knowledge
Expands the purpose of the ACSFA to include
Same as Senate provision.
and understanding of federal, state, and
providing knowledge and understanding of early
institutional programs for postsecondary student
intervention programs and making
assistance, among other things.
recommendations that will result in early
awareness for low and moderate-income students
of their eligibility for assistance.
No similar provision.
Requires the ACSFA to conduct a study of
No similar provision.
innovative pathways to baccalaureate degree
attainment, such as dual enrollment, Pell program
changes, and compressed or modular scheduling,
among other things.
Campus-Based Digital Theft Prevention.
No similar provision.
No similar provision.
Requires each IHE to make information available
about policies and procedures related to illegal
downloading and distribution of copyrighted
materials. Authorizes the Secretary to make
grants to IHEs or consortia of IHEs or enter into
contracts with IHEs, consortia of IHEs, or other
organizations to support prevention and
education programs related to campus-based
digital theft prevention.
Recognition of Accrediting Agency or Association.
Accrediting agencies are required to consistently
Requires accrediting agencies to respect the stated
Similar to Senate provision.
apply and enforce standards to ensure courses and
mission of the institution, including religious
programs, including distance education courses
missions, when applying and enforcing standards.
and programs, are of sufficient quality to achieve
their stated objectives for the duration of the
accreditation period.
CRS-84
Current Law
Senate-Passed (S. 1642)
House-Passed (H.R. 4137)
No similar provision.
Requires an accrediting agency that already has or
Similar to Senate provision, but adds that an
seeks to include the evaluation of distance
accrediting agency is not required to obtain the
education programs within its scope of recognition
approval of the Secretary to expand its scope of
to demonstrate to the Secretary that its standards
accreditation to include distance education,
effectively address the quality of distance
provided the accrediting agency notifies the
education programs in the same areas in which it
Secretary in writing regarding the change in
evaluates classroom-based programs. It does not
scope.
require accrediting agencies to have separate
standards for courses or programs offered by
distance education.
No similar provision.
Requires an accrediting agency to require that
Similar to Senate provision.
IHEs offering distance education programs
establish that a student registered for a distance
education course is the same student that
participates in, completes, and receives credit for
the course.
Accrediting agencies are required to assess the
Requires accrediting agencies to examine an
Similar to Senate provision.
IHE’s success regarding student achievement in
IHE’s success regarding student achievement in
relation to the institution’s mission, including, as
relation to the institution’s mission, which may
appropriate, course completion, state licensing
include different standards for different
exams, and job placement rates.
institutions or programs, as established by the
institution, including, as appropriate, consideration
of state licensing examinations and job placement
rates.
CRS-85
Current Law
Senate-Passed (S. 1642)
House-Passed (H.R. 4137)
Accrediting agencies are required to apply
Modifies due process requirements for an
Similar to Senate provisions except:
procedures throughout the accrediting process
institution opposing an adverse action to include
! adds that the specification of
that comply with due process including:
! opportunity for a written
requirements must include clear
! adequate specification of
response that would be included,
and consistent standards for an
requirements and deficiencies at
prior to final action, in the
institution to be accredited
the IHE or program being
evaluation and withdrawal
evaluated;
proceedings;
! notice of an opportunity for a
! upon written request by the IHE,
hearing by any such IHE;
an opportunity to appeal any
! right to appeal an adverse action
adverse action at a hearing prior
against any such IHE; and
to the action becoming final,
! right to representation by
before an appeals panel that does
counsel for any such IHE.
not include members of the
accrediting agency’s decision-
making body that made the
adverse decision and that is
subject to a conflict of interest
policy; and
! right to representation by counsel
during an appeal of an adverse
action.
CRS-86
Current Law
Senate-Passed (S. 1642)
House-Passed (H.R. 4137)
An accrediting agency must make a summary of
Requires the agency to make the summary
Similar to Senate provision.
any review that results in final denial,
publicly available and available to the state
termination, or suspension of accreditation, and
licensing or authorizing agency, and submit to the
the comments of the affected institution,
Secretary, a summary of agency actions including:
available to the public, upon request, and to the
! the award of accreditation or
Secretary and state licensing or authorizing
reaccreditation;
agency.
! final denial, withdrawal,
suspension, or termination of
accreditation, or placement on
probation of an IHE, and any
findings made in relation to the
action taken, and any official
comments of the affected IHE;
and
! any other adverse action taken
with respect to an IHE.
Requires an accrediting agency to ensure that
Specifies that accreditation team members should
Similar to Senate provision.
accreditation team members are well-trained and
also be well-trained and knowledgeable about
knowledgeable regarding their responsibilities.
their responsibilities related to distance education.
No similar provision.
Requires on-site evaluations to include a review of
No similar provision.
the federally required information that the
institution or program provides to current and
prospective students.
No similar provision.
Requires accrediting agencies to monitor
Similar to Senate provision.
programs at IHEs that are experiencing significant
enrollment growth.
No similar provision.
Requires an IHE to submit a teach-out plan for
Similar to Senate provision.
approval by the accrediting agency if specific
events occur, such as the accrediting agency
withdraws accreditation or the IHE notifies the
accrediting agency that it will be closing.
CRS-87
Current Law
Senate-Passed (S. 1642)
House-Passed (H.R. 4137)
No similar provision.
Requires accrediting agencies, as part of
Similar to Senate provision.
accreditation or re-accreditation reviews, to
confirm that the IHE has publicly disclosed its
transfer of credit policy and that the policy
specifically states the criteria used by the IHE
regarding transfer of credit from another IHE.
No similar provision.
No similar provision.
Requires the accrediting agency to review and
consider an IHE’s response to an accreditation
decision and include a written statement
addressing the IHE’s response that states the
basis for the determination and includes a copy of
the IHE’s response.
No similar provision.
No similar provision.
Prohibits an accrediting agency from making a
determination including an adverse action based
upon an unpublished or undocumented policy,
practice, or precedent.
No similar provision.
Prohibits the Secretary from establishing any
Similar to Senate provision.
criteria that “specifies, denies, or prescribes” the
standards an accrediting agency will use to assess
an institution’s success with respect to student
achievement.
No similar provision.
Prohibits the Secretary from issuing regulations
Similar to Senate provision.
related to standards used by the accrediting agency
to evaluate the institution with respect to student
achievement, curricula, faculty, etc. (section
496(a)(5)).
Administrative Capacity Standard.
No similar provision.
Adds provisions related to the use of a closed IHE
No similar provision.
as a location for conducting a teach-out.
CRS-88
Current Law
Senate-Passed (S. 1642)
House-Passed (H.R. 4137)
Accreditation Ombudsman.
No similar provision.
No similar provision.
Creates an Accreditation Ombudsman to provide
timely assistance to IHEs, accrediting agencies,
and other participants in the accreditation process
who have a grievance related to the accreditation
process.
Program Review and Data.
The Secretary must conduct program reviews of
Adds that the Secretary must provide an IHE with
Similar to Senate provision but requires that audit
IHEs.
an adequate opportunity to review and respond to
findings be open to review.
review report and relevant materials before a final
program review is issued. The IHE’s response
House provision does not include an exception to
must be reviewed and considered in any final
the confidentiality requirements to inform the
program review or audit determination. The report
state or accrediting agency when the Secretary
or determination must include a written statement
takes action against an institution.
addressing the IHE’s response, a statement of the
basis for the report or determination, and a copy of
the IHE’s response. The confidentiality of any
program review report must be maintained until
these steps are taken and a final program review is
issued, except to inform the state or accrediting
agency when the Secretary takes an action against
an IHE. Requires the Secretary to promptly
disclose all program review reports to the
institution under consideration.
CRS-89
Current Law
Senate-Passed (S. 1642)
House-Passed (H.R. 4137)
Timely Information About Loans.
No similar provision.
Requires lenders of a loan made, insured, or
Requires the holder of FFEL program loans, and
guaranteed under Title IV to provide specific
the Secretary with respect to DL program loans
information to the borrower at designated times,
and Perkins loans, to contact the borrower each
including pertinent information about the loan for
year after five years has passed since the
each payment installment period, information at
borrower selected a repayment plan other than
least one month prior to the commencement of
the standard repayment plan or the income-based
repayment, information provided during
repayment plan, to ascertain if the borrower is
delinquency, and information provided at least
able to select a repayment plan with a shorter
twice during default.
repayment period that would reduce the total
interest paid on the borrower’s loan or loans.
Requires lenders of Title IV loans to provide
specified information to borrowers about their
loans before repayment begins; and during
repayment of their loans. Borrowers having
difficulty repaying must be provided information
on available repayment options, including
forbearance.
Title V: Developing Institutions.
Hispanic Serving Institutions (HSIs).
Lists authorized activities for grants to HSIs.
Expands authorized activities to include education
No similar provision.
or counseling services designed to improve
financial literacy and economic literacy of
students or students’ parents and articulation
agreements and student support programs
designed to facilitate the transfer from a two-year
to a four-year IHE.
CRS-90
Current Law
Senate-Passed (S. 1642)
House-Passed (H.R. 4137)
No similar provision.
Establishes the Promoting Postbaccalaureate
Same as Senate provision.
Opportunities for Hispanic Students. The program
would provide competitive grants for HSIs
offering postbaccalaureate degrees and
certificates. Program would be similar in nature to
the existing program for HBCUs.
Title VI: International Education Programs.
International and Foreign Language Studies.
Findings state that the “dramatic post-Cold War
Removes “post-Cold War” and adds language on
Similar to Senate provision except the House also
changes in the world’s geopolitical and economic
“linkages with overseas institutions.”
adds “international business and
landscape” are justification for federal support
competitiveness” to the list of areas of study to be
for programs of international and foreign
coordinated with “programs of the federal
language studies.
government.”
No similar provision.
Requires the Secretary to consult with appropriate
No similar provision.
federal agencies to determine national priorities
and assist programs funded under this title to
develop surveys of participants to determine
placement after graduation.
Graduate and Undergraduate Language and Area Centers and Programs.
Language and Area Centers support: activities to
Adds “support for instructors of less commonly
Similar to Senate provision except the House
improve teaching and research materials;
taught languages” to the list of authorized
adds “projects that support in students an
curriculum planning and development; linkages
activities.
understanding of science and technology in
with overseas institutions; travel support for
coordination with foreign language proficiency”
visiting scholars; professional development; and
to the list of authorized activities.
summer institutes.
Outreach Grants provide additional grants to
Adds state and local educational agencies and
Similar to Senate provision except the House also
Centers to support linkages and outreach to
federal or state scholarship programs to the list of
adds colleges of education and teacher
various educational, governmental, and trade
entities with which Centers should provide
professional development as authorized partners.
organizations.
linkages and outreach.
CRS-91
Current Law
Senate-Passed (S. 1642)
House-Passed (H.R. 4137)
Graduate Fellowship for Foreign Language and
Removes “graduate” from the name of these
Similar to Senate provision.
Area or International Studies awards are reserved
fellowships and expands eligibility to
for graduate students.
undergraduate students engaged in “intermediate
or advanced study of a less commonly taught
language.”
No similar provision.
Allows undergraduate stipends to be used for
No similar provision.
educational programs abroad that are linked to
their course of study and promote foreign
language fluency.
No similar provision.
Requires IHEs seeking a grant under Language
No similar provision.
and Area Centers and Programs to include an
explanation of how the activities funded by the
grant will reflect diverse perspectives and a wide
range of views.
Undergraduate International Studies and Foreign
Expands the list of activities for which grantees
Similar to Senate provision.
Language Grants to IHEs may be used for a
may use funds to include education programs
number of activities to enhance undergraduate
abroad (provided they are linked to the overall
international and foreign language studies.
goals of the undergraduate program and promote
foreign language fluency) and limits the use of
funds for this purpose to not more than 10% of
grant funds.
Specifies several assurances that must be
Adds four additional application requirements
Retains current law.
included in a grant application.
including how the funded activities “will reflect
diverse perspectives and a wide range of views.”
Not more than 10% of the Part A appropriation
Increases the amount to 20% of the Part A
Eliminates this provision.
may be used to support undergraduate programs.
appropriation .
CRS-92
Current Law
Senate-Passed (S. 1642)
House-Passed (H.R. 4137)
Authorizes the Secretary to conduct research that
Adds the following to the description, “evaluation
Similar to Senate provision with regard to data
contributes to achieving the purposes of Part A.
of the extent to which programs funded under this
but does not include the language on diverse
title reflect diverse perspectives and generate
perspectives.
debate on world regions and international affairs”
and “systematic collection, analysis, and
dissemination of data.”
The Secretary is authorized to make
Amends the definition of a consortium to include
Similar to Senate provision.
Technological Innovation grants to IHEs, public
an IHE and one other entity which may be a “non-
or non-profit private libraries, or consortia of
profit educational organization” and adds to the
such institutions or libraries to collect, organize,
list of authorized activities to include establishing
preserve, and widely disseminate information on
linkages between IHEs and non-profit educational
world regions.
organizations.
No similar provision.
No similar provision.
Authorizes the Secretary to waive or reduce the
non-federal matching requirement for institutions
eligible to receive assistance under Titles III or
V.
Requires the Secretary to set selection criteria for
Requires the Secretary to “also consider an
Requires the Secretary to “take into account the
grants made under Section 602 which “meet the
applicant’s record of placing students into service
degree to which activities of centers, programs,
differing objectives of graduate and
in areas of national need and an applicant’s stated
and fellowships at institutions of higher education
undergraduate institutions.”
efforts to increase the number of such students that
address national needs, generate and disseminate
go into such service.”
information, and foster debate on international
issues.”
Business and International Education Programs.
Authorizes the Secretary to award grants to
Retains current law.
Amends the authorized activities to include
Centers for International Business which support
“technological management and manufacturing
the teaching of international business and foreign
software systems,” and adds outreach to IHEs
language training.
eligible for funds under Titles III or V. Secretary
can also waive or reduce the non-federal
matching requirement for institutions eligible to
receive assistance under Titles III or Title V.
CRS-93
Current Law
Senate-Passed (S. 1642)
House-Passed (H.R. 4137)
Authorizes the Secretary to award Education and
Retains current law.
Authorizes the Secretary to waive or reduce the
Training grants to IHEs to promote linkages
non-Federal matching requirement for
between these institutions and the American
institutions eligible to receive assistance under
business community engaged in international
Titles III or V.
economic activity.
No similar provision.
Requires submitted applications to include “an
No similar provision.
assurance that, where applicable, the activities
funded by the grant will reflect diverse
perspectives and a wide range of views on world
regions and international affairs.”
Institute for International Public Policy.
The Institute for International Public Policy
Retains current law.
Changes the name to “Program for Foreign
(Institute) conducts the Minority Foreign Service
Service Professionals” and expands the purpose
Professional Development program at certain
to include increasing the participation of
MSIs to “increase the numbers of African
underrepresented populations in the international
American and other underrepresented minorities
service. Also specifies that tribally controlled
in the international service.”
colleges, Alaska native and native Hawaiian-
serving institutions, and HSIs are eligible
recipients.
Authorizes the Secretary to determine the form,
Requires that applications include “a description
Retains current law.
timing, and content of applications.
of how the activities funded by the grant will
reflect diverse perspectives and a wide range of
views.” Secretary authorized to waive the 50%
non-federal matching requirement.
Requires the Institute to award Institutional
Adds collaboration among institutions to the
Similar to Senate provision.
Development grants to certain MSIs.
description of these grants.
Requires the Institute to conduct a Study Abroad
Retains current law.
Specifies that Alaska native, native Hawaiian-
program for students who attend a MSI in their
serving institutions, and HSIs are to be included.
junior year.
CRS-94
Current Law
Senate-Passed (S. 1642)
House-Passed (H.R. 4137)
Requires the Institute to provide a master’s
Replaces “masters” with “advanced” degree in the
Similar to Senate provision.
degree in International Relations program.
program name and description and authorizes
doctoral study in “exceptional circumstances.”
Requires the Institute to provide internships for
Retains current law.
Adds Alaskan native, Hawaiian native, and HSIs
students attending certain MSIs and establishes
to the description of the program; eliminates the
an Interagency Committee on Minority Careers in
Interagency Committee; and names student
International Affairs.
interns “Ralph J. Bunche Fellows.”
No similar provision.
Authorizes the Institute to provide financial
No similar provision.
assistance to students in the form of summer
stipends of up to $3,000 or Ralph Bunche
scholarships of up to $5,000 per academic year.
No similar provision.
No similar provision.
Establishes a new “Preparing for Early Foreign
Language Instruction” program that authorizes
the Secretary to award five-year competitive
grants to partnerships between foreign language
departments and LEAs. Priority would be given
to “high-need” LEAs.
No similar provision.
No similar provision.
Establishes a new “Science and Technology
Advanced Foreign Language Education Grant”
program that authorizes the Secretary to award
grants to IHEs to support programs that combine
understanding of science and technology, foreign
language proficiency, and international scientific
collaboration.
No similar provision.
Establishes new assessment, evaluation, and
Similar to Senate bill.
reporting requirements for all of Title VI. Not
more than 1% of funds appropriated for Title VI
may be used for evaluation.
CRS-95
Current Law
Senate-Passed (S. 1642)
House-Passed (H.R. 4137)
Title VII: Graduate and Postsecondary Improvement Programs.
Graduate Student and Program Assistance.
Jacob K. Javits Fellowship Program — The
Requires that the Fellowship Board include
Similar to Senate provision.
Secretary is authorized to award fellowships for
members from diverse institutions and geographic
graduate study in the arts, humanities, and social
regions and at least one member from an
sciences.
institution eligible for a grant under Titles III or V.
Graduate Assistance in Areas of National Need
Amends procedure for designating areas of
Amends procedure for designating areas of
(GAANN) — The Secretary is authorized to
national need, specifying consultation with the
national need, specifying a priority for grants that
award grants to IHEs and other entities to support
National Science Foundation, the Departments of
train teachers in fields of math, science, special
graduate programs in areas of national need.
Defense and Homeland Security, the National
education, or limited English proficiency.
Academy of Sciences, and the BLS.
Also specifies that master’s degrees are included
in the program.
Thurgood Marshall Legal Educational
Expands scope of authorized activities to include
Expands scope of authorized activities to pay
Opportunity Program — The Secretary is
service to secondary school students, to emphasize
stipends to participants.
authorized to award grants to provide
undergraduates’ preparation for admission to law
low-income, minority, or disadvantaged college
school, and to pay stipends to participants.
students with financial assistance to gain access
to and complete law school.
No similar provision.
No similar provision.
Establishes a new program that authorizes the
Secretary to award competitive grants to
qualifying IHEs to support “Masters Degrees
Programs at Historically Black Colleges and
Universities and Other Minority Serving
Institutions.” Specifies a list of HBCUs and
MSIs that are eligible. Grants are for five years,
renewable for another five years, and would
provide fellowships to students in STEM and
health fields. IHEs receiving grants under Sec.
326 are ineligible.
CRS-96
Current Law
Senate-Passed (S. 1642)
House-Passed (H.R. 4137)
No similar provision.
The Senate authorizes a new “Patsy T. Mink
The House authorizes a program entitled “Patsy
Fellowship Program”under Title VIII. A side-by-
T. Mink Fellowship Program” under Title VII.
side comparison of these provisions is located
under the section entitled “Patsy T. Mink
Fellowship Program” in Title VIII of this table.
Fund for the Improvement of Postsecondary Education (FIPSE).
The Secretary is authorized to make grants and
Adds authorized uses of funds to include (1)
Similar to Senate provision, with additional
enter into awards for contracts under FIPSE.
establish and continue technologically-mediated
authorized uses to include (4) assessment of
collaborations; (2) reform remedial and English
teacher education programs; (5) pilot programs to
language instruction; and (3) create consortia of
reduce illegal downloading of copyrighted
IHEs to establish interdisciplinary programs on
content; (6) support of increased fire safety; (7)
poverty.
feasibility study of creating an organization to
monitor gender and racial equality in faculty and
administration; (8) demonstration housing
programs for homeless and foster youth; and (9)
promotion of cultural diversity in entertainment.
No similar provision.
Establishes a new program to support integrated
Similar to Senate provision, except that the
secondary-postsecondary graduation reform
House authorizes the program under Title VIII.
programs, with funds going to Project GRAD
(See section entitled, “Project GRAD” under
USA (a non-profit).
Title VIII of this table.)
No similar provision.
Establishes a new program to create, at an IHE, a
Similar to Senate provision.
Center for Best Practices to Support Single-Parent
Students.
No similar provision.
Establishes a new program to create, at an IHE, a
No similar provision.
clearinghouse for Understanding the Federal
Regulatory Impact on Higher Education.
CRS-97
Current Law
Senate-Passed (S. 1642)
House-Passed (H.R. 4137)
No similar provision.
Establishes a new FIPSE program to create,
Similar to Senate provision.
through a non-profit organization, a scholarship
program for family members of veterans or
members of the military.
No similar provision.
Amends areas of national need for which grants
Adds to areas of national need for which grants
for special projects may be awarded by adding
for special projects may be awarded to include
instructional improvement and assessment and
projects to teach “traditional American history.”
specifying model programs to include model core
curricula.
Urban Community Service Program.
Program provides funds to IHEs in urban areas to
Repeals this program.
Replaces with grant program for “Urban-Serving
enable them to work with organizations to devise
Research Institutions” to expand research and
and implement solutions to the problems in their
other urban-service initiatives in partnerships
communities.
with other public and non-profit organizations.
Demonstration Projects to Ensure Students with Disabilities Receive a Quality Higher Education.
Program provides funds to support demonstration
Expands authorized activities to include the
Similar to Senate provision
projects that provide technical assistance and
development of innovative teaching methods and
professional development for faculty and
strategies to ensure the smooth transition of
administrators in IHEs to provide individuals
students with disabilities from high school to
with disabilities a quality postsecondary
postsecondary education; and strategies to make
education.
distance education programs or classes more
available to students with disabilities.
No similar provision.
Adds a new subpart that establishes a grant
Similar to Senate provision
program and coordinating center transition
programs for students with intellectual disabilities.
CRS-98
Current Law
Senate-Passed (S. 1642)
House-Passed (H.R. 4137)
No similar provision.
No similar provision.
Adds a new subpart that creates a national
technical assistance center to improve the post-
secondary recruitment, retention, and completion
of students with disabilities; creates an advisory
commission on accessibility of post-secondary
instructional materials; and authorizes model
demonstration programs to improve access to
such materials.
Research Grants.
No similar provision.
Authorizes the Secretary to award competitive
No similar provision.
grants “to develop or improve valid and reliable
measures of student achievement for use by IHEs
to measure and evaluate learning in higher
education.”
Nursing Education.
No similar provision.
The Senate authorizes a new nursing education
The House authorizes a program entitled
program under Title VIII. A side-by-side
“Additional Capacity for R.N. Students or
comparison of these provisions is located under
Graduate-Level Nursing Students” under Title
the section entitled “Additional Capacity for R.N.
VII.
Students or Graduate-Level Nursing Students” in
Title VIII of this table.
No similar provision.
No similar provision.
Establishes a Nurse Faculty Pilot Project which
authorizes the Secretary to award competitive
grants to fund scholarships and release time for
nurses studying for advanced degrees with the
intention of becoming faculty.
CRS-99
Current Law
Senate-Passed (S. 1642)
House-Passed (H.R. 4137)
Title VIII: Miscellaneous Additional Programs.
Mathematics and Science Scholars Program.
No similar provision.
Establishes a new program that authorizes the
No similar provision.
Secretary to award competitive grants to states.
States would award $1,000 to first and second-
year undergraduate students who complete a
rigorous high school program in math and science.
States must match 50% of federal funds.
Postsecondary Education Assessment.
No similar provision.
Authorizes the Secretary to contract with a
No similar provision.
bipartisan organization to study the cost factors
associated with tuition at IHEs.
Job Skill Training in High-Growth Occupations or Industries.
No similar provision.
Establishes a new program that authorizes the
No similar provision.
Secretary to award competitive grants to IHEs and
local workforce board partnerships for
development of job training programs in high-
growth industries.
Additional Capacity for R.N. Students or Graduate-Level Nursing Students.
No similar provision.
Establishes a new program that authorizes the
Similar to Senate provision, except that the
Secretary to award competitive grants to nursing
House authorizes the program under Title VII.
programs to expand faculty and facilities.
(See section entitled, “Nursing Education” under
Title VII of this table.)
CRS-100
Current Law
Senate-Passed (S. 1642)
House-Passed (H.R. 4137)
American History for Freedom.
No similar provision.
Establishes a new program that authorizes the
No similar provision.
Secretary to award competitive grants to IHEs to
establish or strengthen programs that promote:
“(1) traditional American history; (2) the history
and nature of, and threats to, free institutions; or
(3) the history and achievements of Western
Civilization.”
Teach For America.
No similar provision.
The Secretary is authorized to award a grant to
Similar to Senate provision, except that the
Teach For America, Inc., to implement and
House authorizes the program under Title II.
expand its program of recruiting, selecting,
(See section entitled, “Enhancing Teacher
training, and supporting new teachers; and to
Education”under Title II of this table.)
study the program’s effectiveness.
Patsy T. Mink Fellowship Program.
No similar provision.
Establishes a new program to award competitive
Similar to Senate provision, except that at least
grants to IHEs for fellowships to minorities and
50% of funds would be reserved for IHEs eligible
women seeking doctoral degrees with the intent of
for a grant under Titles III or V and the House
entering the professoriate. Fellowship recipients
authorizes the program under Title VII. (See
must sign a service agreement. At least 30% of
section entitled, “Graduate Student and Program
funds would be reserved for IHEs eligible for a
Assistance” under Title VII of this table.).
grant under Titles III or V.
CRS-101
Current Law
Senate-Passed (S. 1642)
House-Passed (H.R. 4137)
Improving College Enrollment by Secondary Schools.
No similar provision.
Authorizes the Secretary to contract with a non-
Similar to Senate provision.
profit organization to conduct a needs assessment
and provide comprehensive services to urban
school districts and rural states in order to improve
college-going rates of participating schools.
CRS-102
Current Law
Senate-Passed (S. 1642)
House-Passed (H.R. 4137)
Predominantly Black Institutions (PBIs).
The predominantly black institutions program
Similar to program created by CCRAA, except
Similar to Senate provision, except that the
(PBIs) provides funds to eligible IHEs. PBI is
specifies that the minimum grant would be
House authorizes the program under Title III.
defined as: an IHE with a minimum of 1,000
$250,000 and establishes the program in Title
(See section entitled, “Predominantly Black
undergraduate students; 40% must be black; 50%
VIII.
Institutions” under Title III of this table.)
must be either low-income or first-generation;
and at least 50% must be enrolled in an
educational program leading to an associates or
baccalaureate degree.
Funds are allocated as follows: 50% of the funds
are based upon the PBI’s number of Pell Grant
recipients compared with the number of Pell
Grant recipients at all PBIs. 25% is for the
number of graduates at the respective PBI as a
proportion of all graduates from PBIs. Final 25%
is contingent upon the percentage of the PBI’s
graduates who within two years of graduating
from the PBI enroll in a baccalaureate degree
program or graduate or professional degree
program in a discipline in which blacks are
underrepresented, compared with the percentage
at all PBIs.
Program currently authorized by Title IV.
(Note: This program was added by the CCRAA,
P.L. 110-84.)
CRS-103
Current Law
Senate-Passed (S. 1642)
House-Passed (H.R. 4137)
Early Childhood Education Professional Development and Career Task Force.
No similar provision.
Establishes a new program that authorizes the
Similar to Senate provision, except that the
Secretary to award competitive grants to states to
House authorizes the program under Title II and
establish task forces to develop comprehensive
specifies grants last for three years. (See section
statewide plans for professional development and
entitled, “Enhancing Teacher Education” under
careers for early childhood education providers,
Title II of this table).
including scholarships to students for up to
$17,500. Grants are for five years.
Improving Science, Technology, Engineering, and Mathematics (STEM) Education with a Focus on Alaska Native and Native
Hawaiian Students.
No similar provision.
Establishes a new program that authorizes the
Similar to Senate provision.
Secretary to award competitive grants to
partnerships (STEM schools/colleges, two-year
IHEs, and private career organizations) to develop
or expand STEM programs and academic support
services and internships for STEM students, with a
focus on Alaska Native and Native Hawaiian
students.
Pilot Program to Increase Persistence in Community Colleges.
No similar provision.
Establishes a pilot program that authorizes the
No similar provision.
Secretary to award competitive grants to IHEs for
scholarships ($2,000 per year for two years) and
counseling services for low-income students with
dependents. The program is to be evaluated using
a random assignment experimental design.
CRS-104
Current Law
Senate-Passed (S. 1642)
House-Passed (H.R. 4137)
Student Safety and Campus Emergency Management.
No similar provision.
Establishes a new program that authorizes the
Similar to Senate provision.
Secretary, in consultation with the Attorney
General and the Secretary of Homeland Security,
as appropriate, to award two-year competitive
grants to IHEs, to be matched by non-federal
sources, for emergency communication systems or
improved safety training and response.
No similar provision.
No similar provision.
Requires the Secretary to develop a disaster relief
plan to ensure that procedures are in place to
address the needs of IHEs in the event the
President declares a major disaster or emergency.
No similar provision.
No similar provision.
Establishes an Education Disaster and Emergency
Relief Loan Program for IHEs that incur a loss as
a result of a federally declared major disaster or
emergency. Funds received by IHEs can be used
for construction, replacement, and renovation;
faculty salaries and retention incentives; and
reimbursement for lost revenue, including lost
tuition revenue. IHEs affected by the Gulf Coast
hurricanes of 2005 are eligible to receive this
assistance.
No similar provision.
No similar provision.
Requires the Secretary to provide guidelines on
the role of IHEs regarding the disclosure of
education records in the event a student poses a
significant risk or harm to himself/herself or
others. The guidelines must state that IHEs
cannot be held liable for information disclosed in
“good faith.”
CRS-105
Current Law
Senate-Passed (S. 1642)
House-Passed (H.R. 4137)
School of Veterinary Medicine Competitive Grant Program.
No similar provision.
Establishes a new program that authorizes the
No similar provision.
Secretary of Health and Human Services to award
competitive grants to veterinary schools or
residency programs for veterinarians to increase
the number of veterinarians in the workforce.
Early Federal Pell Grant Commitment Demonstration Program.
No similar provision.
Authorizes the Secretary to establish an Early
No similar provision.
federal Pell Commitment Demonstration Program
and award grants to four state educational
agencies to pay the administrative expenses of
program participation. The program would
provide 8th grade students who are eligible for free
or reduced price lunch with a commitment to
receive a Pell Grant during their first year of
undergraduate study, provided the student applies
for federal financial aid during the student’s senior
year of high school. Each state would identify two
cohorts of 8th grade students to participate in the
program.
Henry Kuualoha Giugni Kupuna Memorial Archives.
No similar provision.
Authorizes the Secretary to award a grant to the
No similar provision.
University of Hawaii Academy for Creative Media
for the establishment, maintenance, and periodic
modernization of the memorial archives.
CRS-106
Current Law
Senate-Passed (S. 1642)
House-Passed (H.R. 4137)
Student Loan Clearinghouse.
No similar provision.
Requires the Secretary to establish at least one
Requires the Secretary to study and report on the
clearinghouse of information on student loans,
feasibility of developing a National Electronic
including Title IV student loans and private loans,
Student Loan Marketplace, which would make
for undergraduate and graduate students that
available a range of information on federal and
provides information on available interest rates
private educational loans.
and other terms from lenders.
IHEs receiving federal assistance under the HEA
that designate one or more lenders as preferred,
suggested, or recommended, must include a
disclosure on all materials that reference such
lenders, that informs students they may be able to
find a more attractive loan by visiting the
clearinghouse.
Minority Serving Institutions for Advanced Technology and Education.
No similar provision.
Establishes a new program that authorizes the
Similar to Senate provision, except the House
Secretary to award competitive grants, with a
names the program the “Minority Serving
matching requirement, to MSIs to strengthen their
Institution Digital and Wireless Technology
ability to provide capacity for instruction in digital
Opportunity Program; and authorizes the
and wireless technologies and to increase the
program in Title IX. (See section entitled,
national investment in telecommunications and
“Stevenson-Wydler Technology Innovation Act
technology infrastructure at MSIs.
of 1980” under Title IX of this table.)
CRS-107
Current Law
Senate-Passed (S. 1642)
House-Passed (H.R. 4137)
Low Tuition.
No similar provision.
No similar provision.
Establishes a new program that authorizes the
Secretary to award grants to IHEs that have an
annual percentage increase in net tuition that is
equal to or lower than the percentage change in
the relevant postsecondary education price index
for that sector. Funds received by the institution
must be used to provide need-based grant aid to
Pell-eligible students.
No similar provision.
No similar provision.
Establishes a new program that authorizes the
Secretary to award non-competitive grants to
IHEs that comply with specific caps on the
annual percentage increase in net tuition over a
specified number of years. Funds received by the
institution must be used to provide need-based
aid to Pell-eligible students.
No similar provision.
No similar provision.
Establishes reporting requirements for IHEs that
(1) have an annual percentage increase in net
tuition that exceeds the percentage increase in the
relevant postsecondary education price index for
that sector, and (2) have a tuition that is not in the
lowest quartile of comparable institutions.
Cooperative Education.
No similar provision.
No similar provision.
Establishes a new program that authorizes the
Secretary to award competitive grants to IHEs or
combinations of IHEs that would pay a share of
the cost of planning, establishing, expanding, or
implementing cooperative education programs.
Maximum grant would be $500,000.
CRS-108
Current Law
Senate-Passed (S. 1642)
House-Passed (H.R. 4137)
No similar provision.
No similar provision.
Establishes a new program that authorizes the
Secretary to award competitive grants to IHEs
operating an existing cooperating education
program to pay for planning, establishing,
expanding, or implementing cooperative
education programs. Grant amounts are
determined based on an IHE’s share of all
students placed in cooperative education jobs
during the preceding fiscal year. The minimum
grant amount is $1,000, and the maximum grant
amount is $75,000, and may not exceed 25% of
an IHE’s cooperative education program’s
personnel and operation budget for the preceding
fiscal year.
No similar provision.
No similar provision.
Authorizes the Secretary to make grants or enter
into contracts for demonstration programs,
training and resource centers, and research
related to cooperative education.
College Partnership Grants.
No similar provision.
No similar provision.
Establishes a new program that authorizes the
Secretary to award competitive grants to eligible
partnerships of IHEs to support the development
and implementation of articulation agreements.
CRS-109
Current Law
Senate-Passed (S. 1642)
House-Passed (H.R. 4137)
Student Success Grants.
No similar provision.
No similar provision.
Establishes a pilot program that authorizes the
Secretary to award competitive grants to eligible
IHEs to help low-income students persist and
complete postsecondary education and training
programs through coaching programs. Grants
would be $1,500 per student, per year, for five
years, with a 25% non-federal matching
requirement. The program is to be evaluated
with an experimental or quasi-experimental
design.
Jobs to Careers.
No similar provision.
No similar provision.
Establishes a new program that authorizes the
Secretary to award competitive grants to IHEs to
create workforce bridge programs from
developmental coursework to occupational
certificate programs. Grants are three to five
years, with a priority for IHEs with more than
half of students enrolling in developmental
coursework.
Project GRAD.
No similar provision.
The Senate authorizes a new “Project GRAD”
The House authorizes a program entitled “Project
program under Title VII. A side-by-side
GRAD” under Title VIII.
comparison of these provisions is located under
the section entitled “Fund for the Improvement of
Postsecondary Education (FIPSE)” in Title VII of
this table.
CRS-110
Current Law
Senate-Passed (S. 1642)
House-Passed (H.R. 4137)
Diploma Mill Prevention.
No similar provision.
No similar provision.
Establishes a program to protect IHEs,
businesses, individuals, and others from any
individual claiming to possess a legitimate
academic degree that was actually issued by an
entity functioning as a diploma mill.
No similar provision.
No similar provision.
Requires the Secretary to provide the Secretary of
Homeland Security as well as other federal
agencies, with lists of recognized accrediting
agencies, Title IV eligible institutions, and, to
the extent possible, foreign degree-granting
institutions meeting specific requirements to
enable federal agencies to determine, for
immigration and federal employment and hiring,
the legitimacy of degree-granting institutions and
their degrees.
No similar provision.
No similar provision.
Establishes the Diploma Mill Task Force to
develop guidelines to be used for developing
federal legislation to identify degree-granting
institutions as legitimate or fraudulent for federal
purposes. Requires the Task Force to develop a
“strategic diploma integrity protection plan” to
address the sale and use of fraudulent degrees for
federal purposes.
No similar provision.
No similar provision.
Includes a sense of Congress statement that each
state should implement a “strategic diploma
integrity plan” similar to any plan enacted by
Congress.
CRS-111
Current Law
Senate-Passed (S. 1642)
House-Passed (H.R. 4137)
No similar provision.
No similar provision.
Requires the Secretary to request the Federal
Trade Commission to develop a plan to address
diploma mills based on section 18 of the Federal
Trade Commission Act (15 U.S.C. 57a) which
addresses unfair or deceptive acts or practices in
or affecting commerce.
Rural Development Grants for Rural Colleges and Universities.
No similar provision.
No similar provision.
Establishes a new program that authorizes the
Secretary to award competitive grants to rural
IHEs in partnership with rural LEAs, rural
educational service agencies, regional employers,
or non-profit organizations. Grants must be used
to improve enrollment rates among graduates of
rural high schools and nontraditional students at
rural IHEs.
National Database on Financial Assistance for Study of Science, Technology, Engineering, and Mathematics.
No similar provision.
No similar provision.
Requires the Secretary to establish and maintain
on the ED website a searchable database of
scholarships, fellowships, and other assistance for
undergraduate and graduate students in STEM
fields.
Training for Realtime Writers.
No similar provision.
No similar provision.
Establishes a new program that authorizes the
Secretary of Commerce to award competitive
grants to IHEs for training and placing students in
realtime writing jobs. Grants may not exceed
$1,500,000 over two years.
CRS-112
Current Law
Senate-Passed (S. 1642)
House-Passed (H.R. 4137)
Centers of Excellence in Veteran Student Success.
No similar provision.
No similar provision.
Establishes a new program that authorizes the
Secretary to award competitive grants to IHEs to
establish model programs for serving the needs
students who are veterans.
University Sustainability Programs.
No similar provision.
No similar provision.
Establishes a new program that authorizes the
Secretary to award competitive grants to IHEs
and partnerships to design and implement
environmental sustainability practices. Grant
amounts are between $250,000 and $2,000,000
over four years.
No similar provision.
No similar provision.
Requires the Secretary to convene a summit on
sustainability in higher education not later than
September 30, 2008.
Modeling and Simulation Programs.
No similar provision.
No similar provision.
Establishes a new program that authorizes the
Secretary to award competitive grants to IHEs to
create and enhance modeling and simulation
programs. Grants are for not less than $750,000
for at least three years, and have 25% by non-
federal source matching requirement.
No similar provision.
No similar provision.
Requires the Secretary to establish a task force to
raise awareness of and define the study of
modeling and simulation.
CRS-113
Current Law
Senate-Passed (S. 1642)
House-Passed (H.R. 4137)
Business Workforce Partnerships.
No similar provision.
No similar provision.
Establishes a new program that authorizes the
Secretary to award competitive grants to IHEs in
partnership with businesses, local workforce
investment boards, and labor organizations to
develop pathways from education and training to
high-demand occupations. Grants are between 3
and five years.
No similar provision.
No similar provision.
Requires Secretaries of Education and of Labor to
report to Congress within three years of
enactment, with recommendations for amending
the HEA and related vocational, education, and
training acts to facilitate linkages between
colleges and workforce development.
Path to Success Program.
No similar provision.
No similar provision.
Establishes a new program that authorizes the
Secretary to award competitive grants to
community colleges in partnership with juvenile
justice centers to provide reentry education and
services to juveniles convicted of gang-related
offenses. Grants are for two years.
National Undergraduate Fellows Program.
No similar provision.
No similar provision.
Establishes a new program that authorizes the
Secretary to award competitive grants to IHEs to
facilitate careers in student affairs administration
for underrepresented students. Requires the
Secretary to award a competitive grant to a
national organization to support the program.
CRS-114
Current Law
Senate-Passed (S. 1642)
House-Passed (H.R. 4137)
Readmission Requirements for Service Members.
No similar provision.
No similar provision.
Any IHE that requires reservists or members of
the Armed Forces in retired status who are called
or ordered to active duty, resulting in the
interruption of their education, to reapply for
admission after the conclusion of such active
duty must justify this requirement in writing to
the Secretary.
Pilot Program for Course Material Rental.
No similar provision.
No similar provision.
Establishes a new program that authorizes the
Secretary to award competitive grants to 10 IHEs
in partnership with bookstores to provide the
option for students to rent textbooks and other
materials.
CRS-115
Current Law
Senate-Passed (S. 1642)
House-Passed (H.R. 4137)
Studies and Reports.
No similar provision.
No similar provision.
Requires the Secretary, through grants, contracts,
or agreements with other agencies to conduct
studies and issue related reports, including:
! Feasability of “IDEA Loan” income-
contingent repayment through tax
withholding;
! Evaluation of distance education versus
traditional education;
! Compliance costs of environmental, health,
safety standards;
! Minority male academic achievement;
! Identifying any race, ethnicity, and gender
bias in standardized tests;
! Feasibility study on selecting or
renegotiating interest terms on student
loans;
! Institutional endowments composition,
growth, and spending; and
! Longitudinal study on the correctional
postsecondary education.
! Regional sensitivity in the needs analysis
formula.
! Teacher preparation for teaching students
with dyslexia.
! Borrower repayment plans.
! Nursing school capacity.
! Impact of student loan debt on public
service.
! Amount and scope of federal regulations
and reporting requirements for IHEs.
CRS-116
Current Law
Senate-Passed (S. 1642)
House-Passed (H.R. 4137)
Title IX: Amendments to Other Laws.
Education of the Deaf Act of 1986 (EDA).
Section 104 of the EDA refers to elementary and
Renames the section the “Laurent Clerc National
Same as Senate provision.
secondary education programs.
Deaf Education Center” and all references to
elementary and secondary education programs are
replaced by references to the “Clerc Center.”
Subsections lists administrative requirements for
Creates an additional requirement to the
Similar as Senate provision. Would add option
Center.
subsection on “Administrative requirements”
for Gallaudet University to develop the standards
requiring Gallaudet University to select and
and assessment, subject to the Secretary’s
implement a state’s academic standards and
approval.
assessments for programs at the Center and
Adds exception to report requirement if results
determine and publicize whether programs are
are not statistically reliable or if individual
making adequate yearly progress based on these
information would be revealed.
standards.
Authorizes the National Technical Institute for
The current operator of the center, Rochester
Similar to Senate provision but would not specify
the Deaf (NTID).
Institute of Technology (RIT) would be specified
RIT in the act
in the act.
No similar provision.
Requires the Secretary to re-compete the operation
Same as Senate provision.
of NTID if either the Secretary or RIT terminates
the agreement.
No similar provision.
Creates a new section that authorizes the Secretary
No similar provision.
to make grants to eligible non-profit entities for
“cultural experiences” for deaf children and
adults.
CRS-117
Current Law
Senate-Passed (S. 1642)
House-Passed (H.R. 4137)
Provides for enrollment of international students
Adds a new provision exempting international
Same as Senate provision.
at Gallaudet and NTID and caps the number of
students participating in distance learning through
such students.
Gallaudet or NTID from counting against the
enrollment cap except that such students shall not
displace a U.S. citizen applying for such courses.
In addition, international students participating in
distance learning would not be charged the tuition
surcharge other international students at these
institutions must pay.
International students must pay a tuition
The 100% surcharge would be continued for
Same as Senate provision.
surcharge of 100% except for certain students
students from “non-developing countries.” The
from “developing countries” for whom the
50% surcharge for students from “developing
institution may reduce the surcharge to 50%.
countries” would be mandated, rather than being
at the institution’s discretion for certain students.
Beginning with the 2008-2009 academic year, the
surcharges would be reduced to 50% and 25%,
respectively, for students who demonstrate “need”
and make “a good faith effort” to obtain aid from
their home governments.
“Developing country” is defined as having not
Definition would be updated to $4,825 in 1999
Same as Senate provision.
more than a per capita income of $4,000 in 1990
dollars.
dollars.
Authorizes a national study on the education of
Retains current law.
Amends and reauthorize this study for FY2008
the deaf.
and FY2009.
CRS-118
Current Law
Senate-Passed (S. 1642)
House-Passed (H.R. 4137)
Higher Education Amendments of 1998.
The Secretary is required to conduct numerous
Repeals provisions for the following studies:
Similar to Senate provision except the House
studies of selected topics.
! Study of Market Mechanisms in
only repeals the first four studies.
the Federal Student Loan
programs
! Study of the Feasability of
Alternative Financial Instruments
for Determining Lender Yields
! Student Related Debt Study
! Study of Transfer of Credits
! Study of Opportunities for
Participation in Athletics
Programs
! Study of the Effectiveness of
Cohort Default Rates for
Institutions with few Student
Loan Borrowers
! Education Welfare Study
Title VIII authorizes various types of programs,
Repeals the following programs and provisions:
Similar to Senate provision except the House
and includes a Sense of the Congress regarding
! Community Scholarship
only repeals the first two provisions. House also
good character.
Mobilization;
repeals the Web-based education commission.
! Improving United States
Understanding of Science
Engineering and Technology in
East Asia
! Sense of the Congress regarding
good character
CRS-119
Current Law
Senate-Passed (S. 1642)
House-Passed (H.R. 4137)
Grants to States for Workplace and Community Transition Training for Incarcerated Youth Offenders.
Youth are currently defined as persons 25 or
Changes the definition of “youth” to include
Expands eligibility from youth to all incarcerated
younger.
persons under the age of 35.
individuals. Also, changes the name to “Grants
for Improved Workplace and Community
Transition Training for Incarcerated Individuals.”
Each state can receive $1,500 maximum,
Increases the amount that each state can receive
Same as Senate provision.
annually for each eligible student for tuition,
for each eligible student to $3,000 annually, for
books, and essential materials.
tuition, books, and essential materials.
Tribally Controlled College or University Assistance Act of 1978.
No similar provision.
Defines “Indian student” to mean a student who is
Same as Senate provision.
a member of an Indian tribe, or a biological child
of a member of an Indian tribe.
No similar provision.
Expands the definition of an eligible grantee to
Same as Senate provision.
specify that the tribally controlled college must
also be accredited by a nationally recognized
accrediting association or an association
recognized by the Secretary.
Grant amount of $6,000 per Indian student.
Increases the grant amount per Indian student
Same as Senate provision.
count to $8,000.
No similar provision.
Creates a new Subtitle V on Tribally Controlled
Same as Senate provision.
Postsecondary Career and Technical Institutions.
“Tribally controlled postsecondary career and
technical institution” aligns with the definition of
the term in the Carl D. Perkins Career and
Technical Education Act.
CRS-120
Current Law
Senate-Passed (S. 1642)
House-Passed (H.R. 4137)
Navajo Community College Act.
The purpose of the act is to provide support for
Strikes Navajo Community College and specifies
Same as Senate provision.
the education of members of the Navajo tribe, by
that the support will be directed to Diné College.
supporting the Navajo Community College.
Loan Repayment for Prosecutors and Public Defenders.
No similar provision.
Amends Title I of the Omnibus Crime Control and
Same as Senate provision.
Safe Streets Act of 1968 to establish a Loan
Repayment for Prosecutors and Public Defenders
program. The Attorney General would assume the
obligation to repay federal student loans owed by
full-time state and local prosecutors and public
defenders who agree to service agreements of at
least three years. A maximum of $10,000 per
year, and $60,000 aggregate may be repaid.
No similar provision.
No similar provision.
Authorizes the Attorney General to award grants
to establish and operate a National Center for
Campus Public Safety.
Individuals employed by the government and
No similar provision.
Specifies that this section does not prohibit IHEs
entities that pay or supplement the salaries of
from providing, nor employees of the federal
government employees are subject to penalties
executive branch, independent agencies, or the
for bribery, gifts, and conflicts of interest. The
District of Columbia government, from receiving
section also identifies certain types of pay and
from an IHE, student loan repayment or
benefit transactions that are not prohibited.
forbearance for the performance of public
service.
CRS-121
Current Law
Senate-Passed (S. 1642)
House-Passed (H.R. 4137)
National Center for Campus Public Safety.
No similar provision.
No similar provision.
Authorizes the Attorney General to make grants
through the Office of Community Oriented
Policing Services to establish and operate a
National Center for Campus Public Safety.
Stevenson-Wydler Technology Innovation Act of 1980.
No similar provision.
The Senate authorizes a new “Minority Serving
The House authorizes a program entitled
Institutions for Advanced Technology and
“Minority Serving Institution Digital and
Education” program under Title VIII. A side-by-
Wireless Technology Opportunity Program”
side comparison of these provisions is located
under Title IX.
under the section entitled “Minority Serving
Institutions for Advanced Technology and
Education” in Title VIII of this table.
Title X: Private Student Loan Transparency and Improvement.
The Truth in Lending Act (TILA) requires
Retains current law.
Amends the TILA to
creditors to disclose certain information about
! impose a gift ban on private
covered financial transactions so that consumers
educational lenders;
may make informed decisions about the use of
! prohibit co-branding of private
and cost of credit.
educational loans between
covered IHEs and private
educational lenders;
! prohibit IHE personnel with
responsibility for private
educational loans from serving
on lender advisory councils; and
! prohibit pre-payment fees on
private educational loans.
CRS-122
Current Law
Senate-Passed (S. 1642)
House-Passed (H.R. 4137)
The TILA requires creditors to disclose certain
Retains current law.
Extends TILA civil liability to lenders of private
information regarding consumer credit not under
educational loans for failure to comply with
open end credit plans.
terms and disclosure requirements with respect to
private educational loans.
Amends TILA to permit borrowers of private
educational loans to sue for damages regarding
violations of the terms of disclosure with respect
to private educational loans until one year
following the date on which the first payment of
principal is due on the loan.
Credit transactions in which the total amount
Retains current law.
Amends TILA to exclude private educational
financed exceeds $25,000, (with certain
loans from exempted transactions, under TILA.
exceptions), are exempted transactions to which
TILA does not apply.
No similar provision.
No similar provision.
Amends TILA to require that in applications and
solicitations for private educational loans,
specified information about the terms and
conditions of such loans must be clearly and
conspicuously disclosed by the creditor to the
borrower.
No similar provision.
No similar provision.
Requires Title IV institutions of higher education
to certify the enrollment and cost of attendance of
borrowers for the extension of credit of private
educational loans.
No similar provision.
No similar provision.
Requires the Secretary of the Treasury and
appropriate member agencies of the Financial
Literacy and Education Commission to
coordinate financial literacy education efforts;
and to report to Congress on the state of financial
education among students enrolled at IHEs.
CRS-123
Current Law
Senate-Passed (S. 1642)
House-Passed (H.R. 4137)
No similar provision.
No similar provision.
Requires the Comptroller General to study and
report to Congress on the inclusion of
nonindividual factors (e.g., IHE cohort default
rates, accreditation, and graduation rates) in the
underwriting criteria used to determine the
pricing of private educational loans.
The Community Reinvestment Act (CRA)
Retains current law.
Amends the CRA to require federal financial
requires federal financial supervisory agencies to
supervisory agencies to consider low-cost
examine how the institutions they regulate meet
educational loans provided to low-income
the credit needs of the entire community they
borrowers in their examinations of the
serve, including low- and moderate-income
institutions they regulate.
neighborhoods.