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S. 1150 (102nd): Higher Education Amendments of 1992
- Introduced:
- May 23, 1991 (102nd Congress, 1991–1992)
- Sponsor:
- Sen. Claiborne Pell [D-RI]
- Status:
- Signed by the President
- Slip Law:
- This bill became Pub.L. 102-325.
The bill’s title was written by the bill’s sponsor. S. stands for Senate bill.
Library of Congress Summary
The summary below was written by the Congressional Research Service, which is a nonpartisan division of the Library of Congress.
6/29/1992. Amends the Higher Education Act of 1965 (HEA) to revise and reauthorize its various programs.
Title
I
-
Partnerships for Educational Excellence
Revises HEA title I and renames it Partnerships for Educational Excellence (replaces the current title I, Postsecondary Programs for Nontraditional Students). Establishes as part A of title I a School, College, and University Partnerships program to encourage partnerships between institutions of higher education or State higher education agencies (or a consortium of any of such entities) and secondary schools serving low-income and disadvantaged students to support programs to improve school retention and graduation rates, student academic skills, opportunities to continue education beyond high school, and prospects for productive employment.
Requires an institution of higher education or a State higher education agency (or consortium), to be eligible for such a partnership grant, to enter a written partnership agreement with a local education agency (LEA). Allows such partnership to include businesses, labor organizations, professional associations, community-based organizations, public television or other communications entities, or other public or private agencies or organizations.
Authorizes the Secretary to make grants to such partnerships to support the authorized program activities.
Requires that grant preference be given to:
(1) programs to serve predominantly low-income neighborhoods;
(2) partnerships to run programs during the regular school year and during the summer;
(3) programs to serve educationally disadvantaged students, potential dropouts, pregnant adolescents, and teen-aged parents; and
(4) programs designed to encourage women and minorities underrepresented in science and mathematics to pursue these fields.
Requires maintenance of fiscal effort by LEAs participating in such partnership agreements.
Requires such grant applications to assure:
(1) establishment of a partnership governing body including one representative from each participant;
(2) a gradually declining specified Federal share of project costs; and
(3) use of such Federal grant funds to supplement and not supplant non-Federal funds.
Allows a waiver of the matching requirement in hardship cases.
Requires peer review of applications.
Authorizes appropriations for FY 1993 through 1997 for such partnership program.
Establishes as part B of title I an Articulation Agreements program of grants for articulation agreements and planning between partnerships of two-year and four-year institutions of higher education.
Directs the Secretary to make such grants to States to make awards to articulation partnerships between qualified institutions, on the basis of either a competition or a formula determined by the State. Provides for allocation of such grant funds to States:
(1) by a formula based on the relative total amount of student assistance received under HEA title IV by students attending institutions in the State, if the authorization of appropriations for such grants program equals or exceeds a specified amount; or
(2) if such authorized amount is less than the specified amount, by competitive grants which the Secretary is authorized to make to States. Sets forth requirements for State and local applications, articulation agreements, and State administrative costs limitation.
Includes, among various authorized uses of funds to an articulation partnership, development of agreements with LEAs for vocational course equivalency approval procedures for purposes of satisfying entrance requirements to qualified institutions.
Requires States to give priority to grant applications for programs which:
(1) encourage teacher education;
(2) have, as one partner participating in the agreement, an entity meeting a specified requirement for the tech-prep education program consortia (i.e.
a local or intermediate educational agency or area vocational education school serving secondary school students, or a secondary school funded by the Bureau of Indian Affairs) under the Carl D. Perkins Vocational and Applied Technology Education Act;
(3) contribute their own institutional resources;
(4) are not subject to a student loan default reduction agreement under title IV (Student Assistance) of HEA; or
(5) encourage articulation in subject areas of national importance as determined by the Secretary. Sets forth requirements for annual State program reports and for program evaluation by the Secretary. Directs the Secretary to:
(1) report to the Congress by January 31, 1996, on the results of such evaluation; and
(2) disseminate findings relating to the most successful programs.
Reserves limited amounts for such purposes.
Authorizes appropriations for FY 1993 through 1997 for such articulation agreements program.
Adds a new part C, Access and Equity to Education for All Americans through Telecommunications. Authorizes the Secretary to make grants to eligible partnerships to enable such partnerships to pay the Federal share (50 percent) of the cost of the education telecommunications activities and services which will benefit nontraditional postsecondary education students, including special services for individuals with disabilities (such as captioned films, television, and descriptive video and education media).
Requires eligible partnerships to consist of a public broadcasting entity (or consortium) and an institution of higher education (or consortium).
Allows such partnerships to also include a State, local government, or private nonprofit organization.
Sets forth:
(1) application requirements;
(2) approval priorities;
(3) authorized activities;
(4) reporting requirements; and
(5) dissemination requirements.
Authorizes appropriations for FY 1993 through 1997 for such telecommunications program.
Title
II
-
Academic Library and Information Technology Enhancement
Revises HEA title II and renames it Academic Libraries and Information Services (currently Academic Libraries and Information Technology Enhancement). Authorizes appropriations for FY 1993 through 1997 for the following title II programs:
(1) part A, College Library Technology and Cooperation Grants;
(2) part B, Library Education, Research, and Development;
(3) part C, Improving Access to Research Library Resources; and
(4) part D, Strengthening Library and Information Science Programs in Historically Black Colleges and Universities and Other Minority-Serving Institutions. Directs the Secretary to ensure that title II programs are administered by appropriate library experts.
Transfers to title II the part A program of the College Library Technology and Cooperation Grants (currently part D) and eliminates current part A provisions for College Library Resources. Revises such College Library Technology and Cooperation Grants program to add provisions emphasizing the accessing and sharing of library and information resources through technology.
Requires the Secretary to give priority, in awarding certain such grants, to institutions of higher education seeking assistance for projects which assist developing institutions of higher education in linking one or more institutions of higher education to resource sharing networks.
Increases the required minimum grant amount and sets a maximum amount for certain grants.
Revises and renames title II part B as Library Education, Research, and Development (currently Library Training, Research, and Development). Requires the Secretary to consult with appropriate library and information science professional organizations to determine:
(1) critical needs under provisions for grants and contracts for library education and human resources development, and
(2) priorities for awarding grants for research and demonstrations.
Revises provisions for library education and human resource development to include assistance for training for library and information science, particularly in areas of critical needs such as recruitment and retention of minorities.
Requires that stipends for certain fellowships and traineeships be for those who demonstrate need and are working toward a graduate degree.
Revises provisions for research and demonstration projects to include those related to education in library and information science and to enhancement of library services through use of new technology.
Revises title II part C and renames it as Improving Access to Research Library Resources (currently Strengthening Research Library Resources). Eliminates provisions which precluded part C grant recipients from receiving certain other title II grants.
Adds a new title II part D program for Strengthening Library and Information Science Programs in Historically Black Colleges and Universities. Directs the Secretary to make grants to, and contracts with, historically black colleges and universities and library organizations or agencies which have nationally approved programs in library and information science to educate and train African Americans and other ethnic minorities, particularly in areas of critical needs.
Requires that at least 75 percent of such funds be used to establish or maintain graduate fellowships or traineeships.
Allows the remainder to be used for:
(1) costs of courses of study or staff development, including short-term or regular session institutes; and
(2) establishing, developing, or expanding programs of library and information science, including new techniques of information transfer and communication technology.
Adds a new title II part E Funding Prohibition. Prohibits funding in FY 1993 through 1997 for new programs or expanded programs under this Act, unless and until Congress enacts appropriations for HEA title II programs enacted prior to this Act at a level no less than the FY 1992 funding level for such preexisting programs.
Title
III
-
Institutional Aid
Revises and reauthorizes HEA title III (Institutional Aid). Revises title III part A (Strengthening Institutions) provisions relating to award of grants, eligible institutions, and duration of grants.
Requires part A grant applications to describe measurable goals for the institution's financial management and academic program and include a plan for achieving such goals.
Requires continuation applications to demonstrate progress made toward achievement of such goals.
Directs the Secretary, in awarding such grants, to give priority to applicants who are not already receiving a part A grant.
Eliminates a requirement that an institution be in existence and meet certain conditions for five years before receiving a part A grant.
Establishes a new program of assistance to Hispanic-serving institutions of higher education, under title III part A (Strengthening Institutions). Directs the Secretary to provide grants and related assistance to Hispanic-serving institutions to improve and expand their capacity to serve Hispanic and other low-income students.
Includes under the definition of Hispanic-serving institution a requirement that its full-time student undergraduate enrollment be at least 25 percent Hispanic and a requirement that it either:
(1) has an enrollment of needy students as described under specified part A provisions; or
(2) provides assurances that at least 50 percent of its Hispanic students are low-income individuals who are first-generation college students and that another 25 percent of its Hispanic students are either low-income individuals or first-generation college students.
Prohibits any institution receiving funds under such program from concurrently receiving other funds under part A or part B of title III. Authorizes the Secretary to waive specified part A requirements relating to low expenditures per student, for purposes of eligibility for the Hispanic-serving institutions program.
Authorizes appropriations for FY 1993 through 1997 for the Hispanic-serving institutions program.
Revises title III part B (Strengthening Historically Black Colleges and Universities) to add to authorized uses of part B grants:
(1) development offices to improve contributions from alumni and the private sector;
(2) programs of teacher education, including preparation for certification, to qualify students to teach in public elementary or secondary schools in the State;
(3) community outreach programs to encourage elementary and secondary students to develop the academic skills and interest to pursue postsecondary education; and
(4) other activities proposed in the application that contribute to carrying out part B purposes and are approved by the Secretary. Prohibits the Secretary from awarding a part B grant for any telecommunications technology equipment, facilities, or services that are available pursuant to specified provisions of the Communications Act of 1934.
Increases the minimum allotment for each part B institution.
Adds eleven more institutions to the current list of five institutions which are eligible for certain part B grants for professional or graduate institutions.
Sets forth certain qualifying requirements for such grants.
Requires that:
(1) funds up to a specified level be available only for the five institutions currently eligible;
(2) funds in excess of that level up to a specified maximum amount, be divided equally among the institutions added by this Act; and
(3) after such requirements are met, any more funds be used for all the institutions.
Revises title III part C and renames it Endowment Challenge Grants for Institutions Eligible for Assistance under Part A or Part B (currently Challenge Grants, etc.).
Repeals the Challenge Grant Program, but reauthorizes the Endowment Challenge Grant Program. Defines eligible institutions for purposes of such program.
Revises conditions under which the Secretary may make an endowment challenge grant to an eligible institution.
Revises selection criteria.
Requires part C grant applications to include a description of the long- and short-term plans for raising and using the funds under part C. Retains a minimum grant amount but eliminates a specified maximum limit.
Revises title III part D general provisions relating to application for assistance, waiver authority, and assistance to institutions under other program rules.
Repeals provisions for special payments rules and for challenge grant program applications.
Extends through FY 1997 the authorization of appropriations for title III Institutional Aid programs under:
(1) part A, Strengthening Institutions;
(2) part B, Strengthening Historically Black Colleges and Universities; and
(3) part C, Endowment Challenge Grants. Requires that 25 percent of specified excess funds under part A be allocated among eligible institutions at which at least 60 percent of the students are Black Americans, Hispanic Americans, Native Americans, Asian Americans, Native Hawaiians, or Pacific Islanders, or any combination thereof.
Requires that at least 25 percent of appropriations for part C endowment grants be awarded to historically black colleges and universities that meet part C requirements, if there are a sufficient number of specified types of applications.
Title
IV
-
Student Assistance
Part
A
-
Grants to Students in Attendance at Institutions of Higher Education
Revises and reauthorizes programs under HEA title IV (Student Assistance). Revises and renames the Pell Grants program under title IV part A subpart 1 as the Federal Pell Grants program.
Extends such program authority through FY 1998.
Sets forth increased maximum award amounts for Pell grants ($3,700 for academic year 1993-1994, increasing by $200 increments to $4,500 in academic year 1997-1998).
Permits Pell Grant awards (proportionately reduced) to students attending on a less-than-half time basis (including those taking one course at a time).
Provides that when the maximum award exceeds $2,400 any increases above such amount would be divided equally between the tuition and the education allowance.
Provides for a $750 allowance in addition to the cost of tuition, in the case of a student who has dependent care expenses or disability related expenses.
Prohibits any Pell Grant from being less than $400 (currently $200), but allows any student eligible for at least $200 to receive such a $400 grant.
Provides an exception under which a student may receive two Pell Grants during a single 12-month period if the student:
(1) is enrolled full-time in a program of study that is three years or longer at an eligible institution; and
(2) completes course work toward a bachelor's degree that exceeds the full academic year requirements.
Directs the Secretary to allow the Pell Grant basic amount to be exceeded for students participating in a program of study abroad approved for credit by the institution at which the student is enrolled when reasonable costs of such program are greater than the cost of attendance at the home institution, within the limits of the maximum grant levels specified in the appropriate appropriation Act. Prohibits any Pell Grant to an incarcerated student:
(1) in an amount exceeding normal tuition and fees plus an allowance for books and supplies;
(2) if it is used to supplant, rather than supplement, the State's FY 1988 level of postsecondary education assistance to incarcerated individuals; or
(3) if the individual is serving under a death sentence or a life sentence without eligibility for parole or release.
Revises provisions relating to the period of eligibility for Pell Grants. Includes as eligible for Pell Grants students in programs of study abroad that are approved for credit by the home institution at which student is enrolled.
Revises provisions relating to the eligibility index.
Revises provisions relating to insufficient appropriations.
Directs the Secretary to promptly transmit a notice to the Congress if appropriations are insufficient to satisfy fully all Pell Grant awards as calculated under specified provisions (but at the maximum grant level specified in such appropriation).
Requires that such notice identify the additional amount that would be required to be appropriated to satisfy full all such award entitlements as so calculated at such maximum grant level.
(But does not make the Pell Grant program an "entitlement" program which would give each qualified student a contractual right against the United States for the amount to which the student is entitled under Pell Grant provisions.) Provides that Pell Grant recipients shall not be considered to be individual grantees for purposes of specified Federal law.
Repeals specified provisions for a separate need analysis formula for Pell Grants. (Later in this Act, a single new need analysis formula and system is established for all title IV student aid programs, including Pell Grants.) Revises and renames subpart 4 of part A of title IV as Federal Early Outreach Services Programs (the current subpart 4, Special Programs for Students from Disadvantaged Backgrounds, is repealed in name, but reauthorized and revised under subpart 2 Chapter 1 provisions for Federal Trio Programs). (Also transfers such subpart 4 to subpart 2 of part A of title IV and then redesignates subparts 2 and 3 as 3 and 4.) Sets forth chapter 1, Federal TRIO Programs, i.e.
the revised and reauthorized Special Programs for Students for Disadvantaged Backgrounds. Extends through FY 1997 the authorization of appropriations for such programs.
Allows the Secretary to use not more than one-half of one percent of such funds to:
(1) obtain additional qualified readers and additional staff;
(2) review applications;
(3) increase the level of oversight monitoring;
(4) support impact studies, program assessments, and reviews; and
(5) provide technical assistance to potential applicants and current grantees.
Requires priority to be given, in such expenditures, to the additional administrative requirements under this Act, outreach activities, and obtaining additional readers.
Requires a report to the Congress by October 1, 1994, on the use of such funds.
Adds to program goals motivation and preparation of such students for doctoral programs.
Adds requirements for:
(1) a peer review application process;
(2) minimum grant levels for specified programs;
(3) duration of grants and contracts;
(4) notice of application status;
(5) outreach activities for early notification and technical training for potential providers of special programs and projects;
(6) unlimited number of applications by an entity; and
(7) coordination with other programs for disadvantaged students.
Directs the Secretary to ensure that:
(1) members of groups underrepresented in higher education (including specified minority groups) are represented as readers of TRIO programs applications; and
(2) each such application is read by at least three reviewers not employed at the Department of Education. Sets forth requirements for documentation of status as a low-income individual, for purposes of TRIO programs eligibility.
Revises provisions for the Talent Search program (one of the TRIO programs).
Sets forth an expanded list of permissible services which talent search projects may offer, in addition to tutoring, including counseling, mentoring, parent workshops, and activities for students of limited English proficiency.
Lowers the minimum age and elementary education completion levels for participant eligibility to 11 years of age and five years of school completed (currently 12 and six, respectively, while retaining the maximum age level of 27 years).
Revises provisions for the Upward Bound program (one of the TRIO programs).
Adds to the list of permissible services which upward bound projects may offer mentoring programs involving elementary or secondary school teachers, college faculty, students, or any combination thereof.
Requires any assisted upward bound project which has received two or more years of program funding to include in its core curriculum:
(1) instruction in mathematics through precalculus;
(2) at least one laboratory science;
(3) at least one foreign language; and
(4) instruction in composition and literature.
Revises provisions for Student Support Services (one of the TRIO programs).
Adds requirements for design goals of support services projects, including increased rates of college retention, graduation, and transfers from two- to four-year institutions, and institutional climates supportive of low-income and first-generation college students and individuals with disabilities.
Adds to permissible services of such projects mentoring programs involving faculty and/or upper class students.
Revises provisions for the Ronald E. McNair Postbaccalaureate Achievement Program (under TRIO programs provisions).
Adds to permissible services:
(1) mentoring programs involving college faculty and/or students; and
(2) exposure to cultural events and academic programs not usually available to disadvantaged students.
Allows costs for summer room and board, summer tuition, and transportation to summer programs to be paid in addition to the maximum annual amount for a student stipend.
Eliminates provisions which:
(1) conditioned program funding on specified minimum funding for other programs; and
(2) set program funding limits.
Reserves a specified minimum amount of TRIO funds for the McNair program in each of FY 1993 through 1997.
Revises provisions for Educational Opportunity Centers (under TRIO programs provisions).
Expands the list of permissible services which such centers may offer, in addition to tutorial and counseling services, including public information campaigns, assistance in course selection, financial aid application, and entrance exam preparation, alternative education guidance for dropouts, career workshops, mentoring programs, and special programs for students of limited English proficiency.
Revises provisions for Staff Development Activities (for training for staff and leadership personnel for projects under TRIO Programs). Requires such training to be offered annually for new directors of such projects as well as annually on specified topics and other topics chosen by the Secretary. Adds provisions for evaluation for project improvement under TRIO Programs. Authorizes the Secretary to award grants and contracts to evaluate the various Programs. Requires dissemination of the results of the ongoing evaluations.
Authorizes the Secretary to make Evaluation for Project Improvement grants and contracts to institutions of higher education and other public and private organizations to:
(1) evaluate the effectiveness of the various programs authorized under TRIO programs provisions (chapter 1); and
(2) disseminate results of ongoing evaluations to similar programs as well as to other individuals concerned with the postsecondary access and retention of low-income, first-generation students.
Establishes a National Early Intervention Scholarship and Partnership Program (as chapter 2 of the new subpart 2).
Authorizes the Secretary to establish such program through matching payments to States for:
(1) State financial aid programs that award grants to low-income students who attain a high school diploma or its equivalent to guarantee them the financial assistance necessary to attend an institution of higher education (the scholarship component); and
(2) partnership programs (provided by States in cooperation with local educational agencies, postsecondary institutions, and community organizations) of additional counseling, mentoring, academic support, outreach, and supportive services for elementary, middle, and secondary students at risk of dropping out of school and for students and their parents regarding college financing options (the early intervention component).
Requires State plans for such program to provide for:
(1) at least one-half of program costs from non-Federal funds;
(2) specifying the methods (among various alternatives) by which such matching share will be paid; and
(3) assuring supplementation (not supplanting) of funds expended for existing State and local programs.
Sets forth conditions States must meet in order to receive payments for the early intervention component of the program.
Lists as examples of permissible activities:
(1) providing eligible students in grades preschool through 12 with a continuing system of mentoring and advising that is coordinated with Federal and State community service initiatives, that may include specified support services, and that may be provided by specified types of service providers;
(2) requiring each student to agree to achieve certain academic milestones in exchange for tuition assistance;
(3) activities to ensure high school completion and college enrollment of at-risk children; and
(4) prefreshman summer programs.
Requires States, in administering the early intervention component, to treat as a priority student any student in preschool through grade 12 who is eligible:
(1) to be counted under the chapter 1 program for educationally disadvantaged students under title I of the Elementary and Secondary Education Act of 1965;
(2) for assistance under the National School Lunch Act; or
(3) for assistance under the Aid to Families with Dependent Children (AFDC) program under part A of title IV of the Social Security Act. Requires States, in order to receive scholarship component payments, to establish or maintain a financial assistance program that awards grants to students in accordance with specified requirements.
Requires that the maximum amount of such a grant be established by the State, but prohibits such amount from being less than 75 percent of the average cost of attendance for an in-State student in a four-year program at public institutions in such State. Provides that such assistance shall not be considered for purposes of awarding Federal grant assistance under title IV of HEA, except that no student's total financial assistance under title IV shall exceed the total cost of attendance.
Defines "eligible student" for purposes of such financial aid program as one who:
(1) is less than 22 years old at time of first grant award;
(2) receives a high school diploma or equivalent in 1993 or thereafter;
(3) is enrolled in an authorized degree program in the State (States may opt to offer grant program portability for recipients at institutions in other participating States); and
(4) participated in the State early intervention component (or who have successfully participated in programs funded under the Federal TRIO Programs). Requires States to give priority in awarding such scholarships to students who will receive a Pell Grant for the academic year for which the scholarship award is made.
Requires, if program appropriations are less than a specified amount for any fiscal year, that program funds be distributed as competitive grants to States for that fiscal year.
Requires, if such appropriations reach or exceed such amount, that program allotments be made to each State on the basis of its relative allocation under the chapter 1 program for educationally disadvantaged students under title I of the Elementary and Secondary Education Act of 1965.
Prohibits a State from using less than 25 percent or more than 50 percent of its program allotment for the early intervention component (but allows waiver of the 50 percent maximum limit if the State demonstrates it has another means of providing the tuition assistance in its plan).
Sets forth reallotment provisions.
Directs the Secretary to prescribe standards for the evaluation of the State early intervention programs.
Requires submission of State plans.
Requires biannual State evaluations of such programs.
Requires the Secretary to report biannually to the Congress on assisted activities and program evaluations.
Authorizes appropriations for FY 1993 through 1997 for such chapter 2 National Early Intervention Scholarship and Partnership Program. Establishes the Presidential Access Scholarships program (as chapter 3 of the new subpart 2), to award scholarships to Pell Grant recipients who:
(1) have participated in a preparatory program for postsecondary education; and
(2) demonstrate academic achievement.
Sets such scholarship amount at 25 percent of the student's Pell Grant amount or $400, whichever is greater (with reductions for the amount by which the scholarship combined with any other assistance exceeds the cost of attendance).
Provides for reductions of such awards in cases of insufficient appropriations.
Authorizes the Secretary to award such scholarships to eligible students for four years of undergraduate study at any institution of higher education (or five years if the undergraduate course of study requires five full-time academic years).
Bases such scholarship eligibility in the first year of postsecondary education on the student's receiving a Pell Grant and:
(1) being enrolled or accepted for enrollment in a degree or certificate program at least two years long;
(2) demonstrating academic achievement and preparation for postsecondary education by completion of specified areas of college preparatory level coursework in secondary school;
(3) having earned at lest a 2.5 grade point average in the final two years of high school; and
(4) either having participated for at least 36 months in an early intervention program meeting certain requirements (if such a program is available in their area) or ranking in the top ten percent of their high school graduating class.
Bases eligibility after the first year on the student's maintaining eligibility to receive a Pell Grant, including fulfilling specified requirements for satisfactory academic progress.
Conditions student eligibility also on:
(1) secondary school graduation or its equivalent;
(2) admission to or enrollment in an institution of higher education, not later than three years after secondary school graduation or its equivalent; and
(3) eligibility to receive a Pell Grant. Excludes from eligibility any individual who has been awarded a baccalaureate degree.
Requires, in order for students in a State to receive such scholarships, that the SEA agree to ensure that all secondary students in the State have equal and easy access to the college preparatory coursework.
Sets forth coursework verification and program advertising requirements.
Authorizes appropriations for FY 1993 through 1997 for such Presidential Access Scholarships program.
Establishes Model Program Community Partnership and Counseling Grants (as chapter 4 of the new subpart 2).
Directs the Secretary to award grants to develop model programs for:
(1) counseling students, at an early age, about college opportunities, precollege requirements, college admissions procedures, and financial aid opportunities, in ways designed or customized for use in specific geographic, social, and cultural environments; or
(2) stimulating community partnerships with schools by providing tutoring, mentoring, work experiences, and other support services to make postsecondary education a realistic goal for all students.
Gives priority to model programs directed at areas with a high proportion of minority, limited English proficiency, economically disadvantaged, disabled, or at-risk students.
Directs the Secretary to collect and disseminate information on:
(1) successful programs for counseling students about college and for early intervention to help them stay in school and pursue postsecondary education; and
(2) model programs for counseling students in specific environments and for community partnership support services to make postsecondary education a realistic goal.
Authorizes appropriations for FY 1993 through 1997 for such model program grants and such dissemination activities.
Sets forth provisions for Public Information (as chapter 5 of the new subpart 2), including a database, information lines, and information program.
Directs the Secretary to award a contract to establish and maintain:
(1) a computerized database of all public and private financial assistance programs, to be accessible to schools and libraries through modems or toll-free telephone lines; and
(2) a toll-free information line, including access by telecommunications devices for the deaf, to provide individualized financial assistance information to parents, students, and others, including referrals to a postsecondary clearinghouse for individuals with disabilities.
Establishes an early awareness information program.
Authorizes the Secretary to make contracts with appropriate entities for such information program to:
(1) broaden early awareness of postsecondary educational opportunities by secondary students and their parents; and
(2) encourage economically disadvantaged, minority, or at-risk individuals to seek higher education and financial assistance counseling at public schools and libraries.
Allows such announcements and messages to be specially designed for students of limited English proficiency.
Requires the Secretary to keep the Congress informed of such public information efforts and to recommend any additional legislative authority that will serve such purposes.
Authorizes appropriations for FY 1993 through 1997 for such Public Information programs.
Establishes a National Student Savings Demonstration Program (as chapter 6 of the new subpart 2), to:
(1) test the feasibility of a national program to encourage families to save for their children's college education, and thereby reduce the loan indebtedness of college students, and
(2) help determine the most effective means of achieving such purposes.
Authorizes the Secretary to award a demonstration grant to not more than five States to conduct such a student savings program.
Provides for a Federal match of not more than $50 per child.
Gives priority to States proposing programs that establish accounts for a child prior to the age of compulsory school attendance in that State. Gives special consideration to States that:
(1) permit employers to use pretax income in making contributions to a child's account; and
(2) provide assurances that interest earned in such accounts shall be exempt from State taxes.
Authorizes appropriations for FY 1993 through 1997 for such program.
Sets forth provisions for a Preeligibility Form (as chapter 7 of the new subpart 2).
Authorizes the Secretary to:
(1) develop and process a common preeligibility Federal financial aid form;
(2) distribute and process such form year-round and free-of-charge to students and parents;
(3) issue, based on information reported on such form, a preeligibility expected family contribution figure and estimate of the amount of Federal (and, if feasible, non-Federal) funds for which the student might qualify; and
(4) widely disseminate such form through post offices, other appropriate Federal installations, schools, higher education institutions, libraries, and community-based projects, including specified scholarship, early intervention, and public information projects under subpart 2.
Establishes a program of Technical Assistance for Teachers and Counselors (as chapter 8 of the new subpart 2).
Directs the Secretary to award two-year technical assistance grants to local educational agencies (LEAs) to obtain specialized training for guidance counselors, teachers, and principals to counsel students about college opportunities, precollege requirements, college admissions procedures, and financial aid opportunities.
Gives priority to LEAs serving school districts with significantly high proportions of students who do not continue on to higher education and who are educationally disadvantaged.
Sets forth planning, evaluation, and reporting requirements.
Authorizes appropriations for FY 1993 through 1997 for such technical assistance grants.
Revises and renames the Supplemental Educational Opportunity Grants program under title IV part A subpart 2 as the Federal Supplemental Educational Opportunity Grants program (supplemental grants) and redesignates the provisions as subpart 3.
Extends through FY 1997 the authorization of appropriations for the supplemental grants program.
Includes students in programs of study abroad that are approved for credit by the institution at which they are enrolled among those eligible for supplemental grants.
Allows a supplemental grant to exceed the maximum amount of $4,000 by as much as $400 if reasonable study abroad costs exceed the cost of attendance at the home institution.
Requires institutions in the supplemental grants program to agree that the Federal share of awards will not exceed 75 percent, unless the Secretary determines that a larger Federal share is required to further the purpose of the program.
Requires institutions to assure that selection procedures will be designed to award supplemental grants, first, to students with exceptional need (i.e.
the greatest financial need).
Requires that a reasonable proportion of an institution's supplemental grants allocation be made available to certain nontraditional students (i.e.
less than full-time or independent students), if such allocation is directly or indirectly based in part on the financial need of such students.
Provides for an additional amount to be allocated under specified conditions under the supplemental grants program to eligible institutions from which 50 percent or more of the Pell Grant recipients attending such institution graduate or transfer to a four-year institution of higher education.
Revises provisions relating to transfer of funds.
Requires reduction of an institution's allocation for the next fiscal year by the amount returned, if this is more than ten percent of its allocation.
Authorizes waiver of such reduction if it is contrary to the interest of the supplemental grants program.
Revises provisions for the program of Grants to States for Student Incentives (State student incentive grants program).
Extends through FY 1997 the authorization of appropriations for such program.
Includes, as eligible for grants from States under such program, eligible students participating in programs of study abroad approved for credit by the institutions at which they are enrolled.
Increases to $5,000 (currently $2,500) the maximum amount for any such grants for full-time attendance at an institution of higher education and for campus-based community service work learning study jobs.
Prohibits charging any student or parent a fee payable to an entity other than the State, for purposes of collecting data to make determinations of financial need under the State student incentive grant program.
Adds to the requirement for a reasonable proportion of a institution's allocation being made available to less than full-time students under such program, similar requirements with respect to students who are independent students.
Revises provisions for Special Programs for Students Whose Families Are Engaged in Migrant and Seasonal Farmwork (Migrant Programs), including the high school equivalency program (HEP) and the college assistance migrant program (CAMP). Lowers the minimum age for HEP participation to 16 (currently 17), or beyond the age of compulsory school attendance in the State in which they reside and are not enrolled in school.
Includes under program eligibility provisions, for HEP recruitment services and CAMP outreach and recruitment services, certain persons who have participated under specified programs for migrants under the Elementary and Secondary Education Act of 1965 or the Job Partnership Training Act. Requires recipients of grants to operate a college assistance migrant program to provide followup services after migrant students have completed their first year of college, and to use not more than ten percent of the grant for such followup services, including monitoring, reporting, and referral.
Extends the ordinary grant period to five years (currently three).
Extends through FY 1997 the authorization of appropriations for Migrant Programs. Revises provisions for the Robert C. Byrd Honors Scholarship Program (Byrd Scholarship Program). Provides that such scholarships shall be awarded for not more than four years, for the first four years of study at any eligible institution of higher education (currently such scholarships are awarded for only the first year of such study).
Revises the formulas for allocation among States and number of such scholarships available.
Revises selection procedures and timing.
Requires the State educational agency to ensure an equitable geographic distribution of awards within the State. Provides for a specified maximum number of individuals to be selected from the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, American Samoa, the Commonwealth of the Northern Mariana Islands, Guam, or Palau. Revises provisions for stipends, scholarship conditions, and construction of needs.
Repeals provisions for an awards ceremony.
Extends through FY 1997 the authorization of appropriations for the Byrd Scholarship Program. Repeals provisions for Assistance to Institutions of Higher Education, including:
(1) certain cost-of-education payments to institutions of higher education based on numbers of students receiving Pell Grants; and
(2) a veterans' education outreach program.
Extends through FY 1997 the authorization of appropriations for Special Child Care Services for Disadvantaged College Students.
Part
B
-
Federal Family Education Loans
Revises and renames HEA title IV part B as the Federal Family Education Loan Program (currently the Robert T. Stafford Student Loan Program). Refers to the program under this part as the Federal Stafford Student Loan Program (currently known as the Stafford or Guaranteed Student Loan- GSL-program) and to loans made under this part as Federal Stafford Loans. Extends program duration for Federal insurance and interest subsidy.
Limits the authorization to guarantee new loans under the part B (Stafford Loan) program, by making such guarantee authority contingent on timely rulemaking.
Prohibits issuance of any such new loan guarantees after June 30, 1994, if the Secretary does not issue final regulations implementing the changes made by this Act. Provides that the unencumbered non-Federal portion of a guaranty agency's reserve fund shall not be subject to recall, repayment, or recovery by the Secretary, except under specified conditions.
Adds requirements for corrections for errors under reduction of excess cash reserves requirements, through reimbursement to guaranty agencies for certain claims for which payment was withheld or canceled due to erroneous information.
Increases the annual and aggregate loan limits for individuals under the Stafford loan program (excluding the supplemental (SLS) and parent (PLUS) loan programs), under GSL program provisions for limitations on individual federally-insured student loans (FISL) and on Federal loan insurance.
Revises provisions relating to eligibility of student borrowers and terms of federally-insured student loans (FISL) under the GSL program.
Requires FISL loans to be made without security or endorsement (unless these are required to create a binding obligation under applicable law).
Revises conditions for loan repayment deferments for loans made to new borrowers on or after July 1, 1993.
Revises payment rules for the GSL (and the FISL or federally-insured student loan) programs to require lenders to offer borrowers the option of repaying the loan in accordance with a graduated or income-sensitive repayment schedule.
Requires such schedule to be established by the lender and approved by the Secretary. Requires such option to be offered to the borrower not more than six months prior to the date on which the first repayment is due.
Adds special rules to cover approved study abroad, for purposes of student loan disbursement and amounts.
Revises provisions relating to applicable interest rates.
Decreases the maximum interest rate for SLS and PLUS loans.
Revises provisions for treatment of excess interest payments to lenders on new borrower accounts resulting from decline in Treasury bill rates.
Revises the Stafford loans interest rate for new borrowers.
Sets such rate at the bond equivalent rate of 91-day Treasury bills (at the final auction held prior to the preceding June 30) plus three and one-tenth percent.
Limits such rate to not more than nine percent.
Revises provisions for agreements for Federal payments to reduce student interest rates (interest subsidies).
Includes veterans' education benefits in the definition of student's estimated financial assistance.
Prohibits lenders from charging interest or receiving interest subsidies for loans that have not been consummated (loans for which the disbursement checks have not been cashed).
Increases annual and aggregate Stafford loan levels for various types of students.
Allows Stafford loans to be used for a program of study abroad approved by the eligible home institution at which the student is enrolled.
Revises provisions for repayment period calculations.
Requires the lender to offer the borrower a graduated or income-sensitive repayment schedule option.
Requires a minimum payment of at least the interest due and payable.
Eliminates the special minimum payment rule for married couples.
Revises provisions for deferments.
Defines economic hardship.
Provides for disbursement directly to students in programs of study abroad.
Revises provisions relating to consequences of institutional eligibility limitation, suspension, and termination actions.
Requires annual independent compliance audits of lenders.
Revises forbearance provisions.
Adds requirements relating to guaranty agencies, including:
(1) authority of the guaranty agency to require participation agreements between the guaranty agency and each eligible institution;
(2) minimum reserve levels;
(3) provision of financial information; and
(4) implementation of requirements for uniform claims and procedures.
Revises provisions for contents of insurance program agreements.
Requires annual audits of guaranty agencies (currently requires biennial audits).
Requires notice to borrowers of any sale or other transfer of the loan to another holder, including specified information about the transferor and transferee.
Prohibits guaranty agencies from offering certain incentive payments to lenders or their agents, employees, or independent contractors.
Eliminates the teacher deferment rule for targeted shortage areas.
Requires requests for GSL program student loan repayment deferments by students engaged in graduate or postgraduate fellowship-supported study abroad (such as Fulbright grant recipients) to be approved until completion of the fellowship period.
Authorizes guaranty agencies to enter into agreements under which State licensing boards will, upon request, furnish guaranty agencies with the addresses of student borrowers.
Revises provisions relating to repayment periods for various types of student loans under part B. Revises the time period during which a guaranty agency may file a claim for reimbursement.
Limits additional review claims by exceptional performance lenders and loan servicers to cases of fraud or other purposeful misconduct in obtaining such designation.
Prohibits reimbursement to a guaranty agency when a default claim is based on inability to locate the borrower, unless such agency demonstrates that it has used reasonable skip-tracing techniques to locate the borrower.
Requires a guaranty agency, upon the request of an eligible institution, to provide such institution, at a reasonable fee, with information on students for whom preclaims activities have been requested.
Requires that forbearance be in the form of temporary cessation of payments, unless the borrower selects extended time or smaller payments.
Allows guaranty agencies to permit the parties to enter into a forbearance agreement because the loan is in default.
Directs the Secretary to permit lenders to exercise certain administrative forbearances under specified conditions.
Sets forth provisions relating to new programs' insurance percentage.
Directs the Secretary to develop criteria for determining whether a guaranty agency has made adequate collection efforts and to consider specified factors in determining whether certain loans should be assigned to the Secretary for collection.
Sets forth requirements for guaranty agency minimum reserve levels.
Adds provisions for evaluation of guaranty agency solvency, including requirements relating to:
(1) information collection;
(2) standards for determining which guaranty agencies are in need of corrective measures and shall be subject to management plans;
(3) agency failure to submit an acceptable plan or to improve under a plan;
(4) reports to specified congressional committees on the Secretary's assessment of the fiscal soundness of the guaranty agency system, with recommendations for any necessary legislative changes to maintain such system; and
(5) confidential treatment of information.
Authorizes the Secretary to make emergency advances to a guaranty agency to assist it in meeting its immediate cash needs and to ensure the uninterrupted payment of default claims by lenders.
Prohibits administrative cost allowance payments for loans for which disbursement checks have not been cashed or electronic funds transfers have not been completed.
Requires development of rules and procedures for the lender-of-last-resort program.
Requires guaranty agencies to ensure that the lender-of-last-resort program:
(1) has convenient operating hours and facilitates student applications;
(2) provides information on available program loans to institutions of higher education in the State; and
(3) provides for appropriate loan counseling for borrowers.
Requires guaranty agencies to notify the Secretary if it may be necessary to authorize the Student Loan Marketing Association to make lender-of-last-resort loans.
Limits the lender-of-last-resort program.
Provides that a guaranty agency or eligible lender is not required (unless the Secretary determines there are mitigating circumstances) to make lender-of-last-resort loans for attendance at an institution which:
(1) has a cohort default rate exceeding 25 percent;
(2) has not been eligible for, and has not participated in, the Stafford loan program for the most recent 18 months; or
(3) is currently subject to an emergency action or limitation, suspension, or termination proceeding of any guaranty agency or the Secretary. Delays application of such limitation for specified types of institutions.
Requires the guaranty agency, in conducting required skip-tracing activities, to use any borrower location information provided by the institution.
Authorizes the Secretary to establish an income contingent repayment collection mechanism.
Renames the Supplemental Loans for Students (SLS) program the Federal Supplemental Loans for Students program (Supplemental loans).
Increases the annual and aggregate loan limits for certain types of students under the Supplemental loans program.
Provides for coordination of repayment of Stafford loans and Supplemental loans.
Revises provisions relating to capitalization of interest.
Revises provisions relating to Supplemental loan repayment.
Renames the Parent Loans for Undergraduate Students (PLUS) program the Federal PLUS loans program (parent loans).
Revises provisions for parent (PLUS) loans with respect to:
(1) copayable checks;
(2) disbursement;
(3) limitation of deferral; and
(4) capitalization of interest.
Renames the Consolidation Loans program the Federal Consolidation Loans program (consolidation loans).
Revises provisions for consolidation loans with respect to:
(1) use of consolidation to avoid default;
(2) extension of the consolidation eligibility period;
(3) consolidation of loans of married borrowers;
(4) interest during deferral;
(5) repayment periods and schedules; and
(6) extension of program authority through FY 1998.
Revises requirements for default reduction programs.
Prohibits the guaranty agency and the Secretary from demanding from a borrower as monthly payment amounts more than is reasonable and affordable based upon the borrower's total financial circumstances.
Requires each guaranty agency to establish a program which allows borrowers with a defaulted loan or loans to renew their eligibility for all title IV student financial assistance (regardless of whether their defaulted loan has been sold to an eligible lender) upon the borrower's payment of six consecutive monthly payments.
Prohibits the guaranty agency from demanding from a borrower as a monthly payment amount more than is reasonable and affordable based upon the borrower's total financial circumstances.
Revises loan proceeds disbursement rules to:
(1) allow weekly or monthly disbursement, with the borrower's permission;
(2) exclude certain overawards under work-study programs from overaward adjustment requirements; and
(3) prohibit an eligible lender from selling a promissory note for any student loan made, insured, or guaranteed under part B of title IV until all proceeds of such loan have been disbursed, with specified exceptions.
Adds provisions for unsubsidized Stafford loans for middle-income borrowers.
Authorizes insured loans under the part B program for borrowers who do not qualify for Federal interest subsidy payments.
Entitles any student meeting the definition of student eligibility under title IV general provisions to borrow an unsubsidized Stafford loan.
Sets forth provisions for:
(1) determination of loan amount;
(2) loan limits;
(3) payment of principal and interest without subsidy payments to reduce interest costs;
(4) insurance premium; and
(5) single application form and loan repayment schedule.
Sets forth special insurance and reinsurance rules.
Directs the Secretary to designate for exceptional performance eligible lenders, servicers, or guaranty agencies that have compliance performance ratings of 97 percent or more.
Requires guaranty agencies to pay each eligible lender or servicer that has been so designated 100 percent of the unpaid principal and interest of all loans submitted for payment by such agency or servicer for the one-year period following notification of such designation or until notified that such designation has been revoked.
Sets forth provisions relating to:
(1) the Secretary's revocation authority;
(2) the guaranteed agency's authority to require claims documentation;
(3) the Secretary's payments to the designated guaranty agencies;
(4) supervision, including audits, of designated lenders and servicers and designated guaranty agencies;
(5) a study to evaluate such special insurance and reinsurance rules under this designation program; and
(6) the Secretary's authority to terminate such program, after receipt of such study, upon determination that such termination is in the U.S. fiscal interest.
Establishes a demonstration program for teachers, nurses, and individuals performing national and community service.
Requires an independent national evaluation of such program, with interim and final reports.
Authorizes appropriations for such program for FY 1993 through 1997.
Revises provisions relating to student defaults under the Federal loan insurance program.
Directs the Secretary to publish annually a list indicating:
(1) the annual default rate for each lender and guaranty agency participating in such program; and
(2) an average annual default rate for all institutions of higher education within each State. Directs the Secretary to prescribe regulations to prevent an institution from evading the application of an annual default rate to itself through measures such as branching, consolidation, or change of ownership or control.
Directs the Secretary to:
(1) establish an annual default rate for lenders and guaranty agencies (not including loans issued under the lenders-of-last-resort program); and
(2) allow institutions, lenders, and guaranty agencies the opportunity to correct such rate information.
Adds provisions relating to the duration of authority of a consumer reporting agency to make certain reports on borrowers going into default for a second time on a student loan.
Revises part B administrative provisions relating to:
(1) authority to regulate services;
(2) agency procedure;
(3) limitations on imposition of civil penalties; and
(4) limitation, suspension, and termination authority.
Directs the Secretary to:
(1) undertake a program to encourage private and public employers to assist borrowers in repaying student loans under title IV, including options for payroll deduction and loan repayment matching under employee benefit packages;
(2) publicize repayment models deserving recognition; and
(3) make recommendations to appropriate congressional committees on changes to statutes that could encourage such efforts.
Requires the Secretary to develop standardized forms and procedures for administration of all aspects of the student loan process, including claims, involving eligible lenders and guaranty agencies.
Directs the Secretary to promulgate regulations for:
(1) standardization and simplification of student loan forms and procedures; and
(2) standardization of data reporting.
Adds provisions for default reduction management.
Authorizes appropriations for FY 1993 through 1997 for such purpose.
Directs the Secretary to use such funds for default reduction activities, including program reviews, audits, debt management programs, training activities, and other management improvement activities.
Requires that such funds be in addition to, and not in lieu of, other appropriations made for such purposes.
Requires that such activities result in a performance measure of reducing defaults by five percent relative to the prior fiscal year.
Requires the Secretary to:
(1) submit a plan detailing the expenditure of such funds to accomplish such five percent reduction; and
(2) report to specified congressional committees on such expenditure and whether the performance measure was met (and if not, why not, along with plans and schedules for achieving it, and recommendations for necessary legislative or regulatory changes or changes in the performance standard itself).
Adds provisions relating to the consequences of guaranty agency insolvency, whereby the Secretary shall pay to the holder of loans insured by such an insolvent guaranty agency the full insurance obligation of that guaranty agency, until an adequate transfer occurs.
Requires various individuals involved with specified entities participating in title IV programs to report to the Secretary any financial interest they may have in other entities participating in title IV programs.
Revises requirements for student loan information by eligible lenders to include statements that the loan must be repaid.
Requires certain disclosures to be made during a specified period.
Sets forth special disclosure rules on SLS, PLUS, and unsubsidized loans.
Revises definitions for the student loan insurance program.
Revises the definition of eligible institution.
Repeals the separate definition of institution of higher education, the definition of vocational school, and other specified definitions.
Revises the definition of eligible lender.
Prohibits a cohort default rate above 15 percent.
Requires use of proceeds from special allowance payments and interests payments from borrowers for need-based grant programs, except for reasonable reimbursement for direct administrative expenses.
Includes servicing as well as collection practices under the definition of due diligence for lenders.
Revises the definition of cohort default rate for fiscal years in which less than 30 of the institution's current and former students enter repayment.
Revises provisions for the Secretary's repayment of loans of bankrupt, deceased, or disabled borrowers to extend such treatment to borrowers:
(1) who are unable to complete the program due to the closure of the institution; or
(2) whose eligibility to borrow under part B GSL programs was fraudulently certified by the eligible institution.
Provides that the Secretary shall pursue any claim available to such borrower against the institution (as well as discharge their liability by repaying the amount owed).
Provides that the period of attendance at the institution which closed and at which the student was unable to complete the course of study shall not count against the student's period of eligibility for additional title IV assistance.
Provides that borrowers whose loans have been discharged under these repayment provisions shall not be precluded from receiving additional title IV assistance.
Directs the Secretary to report to credit bureaus on such repaid loans.
Directs the Secretary to repay PLUS loans for parents if the student dies.
Adds provisions for a debt management options program.
Authorizes the Secretary, with specified limitations, to:
(1) acquire from eligible holders the notes of borrowers under part B (other than parent loans) who are considered to be at high risk of default and who request an alternative repayment option;
(2) offer such borrowers one or more alternative repayment options which may include graduated or extended repayment and which (subject to requirements for increased certainty and amount of collection) shall include an income contingent repayment option; and
(3) make contracts or agreements with private firms or other Government agencies to carry out such program.
Directs the Secretary to promulgate regulations to establish the terms and conditions of the income contingent repayment option, including repayment within 25 years.
Allows potential collection of amounts in excess of the principal and interest owed on the original loan or loans.
Requires a determination that:
(1) the collection mechanism will provide a high degree of certainty that collections will be made; and
(2) the use of such collection mechanism and repayment option will result in an increase in the net amount the Government will collect.
Requires, in determining borrowers at high risk, that the Secretary consider the ratio of part B debt repayment to income and establish other appropriate indicators of high risk.
Limits the amount which may be used to acquire loans under this debt management option program.
Authorizes appropriations for such program for FY 1994 through 1998.
Reduces the rate of the special allowance which the Government pays to lenders when student loan rates do not match market rates.
Permits such special allowance to also be given on unsubsidized Stafford loans.
Provides that an eligible loan, for purposes of such special allowance provisions, includes all loans subject to special rules for exceptional performance in loans collection by eligible lenders and guaranty agencies.
Adds requirements for origination fees for supplemental (SLS) loans and parent (PLUS) loans.
Requires eligible lenders to charge a five percent origination fee for such loans made on or after October 1, 1992.
Requires such fees to be deposited in the Student Loan Insurance Fund. Eliminates provisions relating to discounting of student loans purchased from participating lenders.
Revises provisions for the Student Loan Marketing Association (Sallie Mae) (the Association), with respect to its Board of Directors. Sets forth qualification requirements for affiliated members.
Revises restrictions on facility financing by the Association. Revises provisions relating to the Association's stock to provide for a single class of voting common stock (converting all previously authorized shares of voting and nonvoting common stock).
Adds requirements to provide for the financial safety and soundness of the Association. Requires the Association to furnish promptly to the Secretary and Secretary of the Treasury copies of all:
(1) periodic financial reports it publicly distributes; and
(2) reports on it prepared by nationally recognized statistical rating organizations.
Grants the Secretary of the Treasury discretionary authority to appoint auditors to audit the Association from time to time.
Requires the Association to provide such Secretary with full and prompt access to its books, records, and other requested information.
Requires the Association, if the capital ratio is less than two percent at the end of its most recent calendar quarter, to submit a plan within 60 days to the Secretary of the Treasury for increasing the capital ratio to two percent or more within 36 months.
Sets forth requirements for such capital plan, including consultation, approval or disapproval by such Secretary, and copies and reports to specified congressional committees.
Requires the Association, if the capital ratio does not exceed one and three-quarters percent, to submit to the Secretary of the Treasury a plan to increase promptly its capital ratio to one and three-quarters percent or more.
Sets forth requirements for consultation, approval or disapproval by such Secretary, and copies and reports to specified congressional committees.
Requires the Secretary of the Treasury, if the Association's capital ratio does not equal or exceed one and three-quarters percent, to take the following actions with respect to the Association until the ratio does so:
(1) limit any increase, or order reduction of, any liabilities, except as necessary to fund student loan purchases and warehousing advances;
(2) restrict or eliminate growth of assets, other than such purchases and advances;
(3) restrict it from making any capital distributions;
(4) require issuance of new capital in any form and amount sufficient to restore the capital ratio; and
(5) prohibit it from increasing any executive compensation (including bonuses) and prohibit its Board from adopting any new employment severance contracts.
Requires the Association, if the capital ratio is less than one percent at the end of its most recent calendar quarter, to proceed with diligence to implement the most recently proposed plan with modifications the Secretary of the Treasury determines necessary to cause the capital ratio to equal or exceed two percent within 60 months (and, if it has not already submitted a capital plan, to do so within 14 days).
Requires such Secretary to submit the plan to specified congressional committees.
Requires the Association to submit to the Congressional Budget Office (CBO) and the General Accounting Office (GAO) a copy of its plan and any proposed modifications sent to and by the Secretary of the Treasury. Directs the CBO and the GAO to:
(1) maintain the confidentiality of such information; and
(2) if such Secretary does not approve a plan or modifies a plan where the capital ratio is less than one percent, report to specified congressional committees, with specified analyses of such Secretary's submissions and recommendations for steps the Association should take to increase its capital ratio without impairing its ability to perform its purpose and authorized activities.
Directs the Secretary of Education to review the Secretary of the Treasury's submissions and report to specified congressional committees with:
(1) a description of any administrative or legislative provisions of the student loan program which contributed to the decline in the Association's capital ratio; and
(2) recommendations for administrative and legislative changes in student loan programs to maintain their orderly operation and enable the association to fulfill its purpose and authorized activities consistent with the two percent minimum capital ratio.
Deems the Association in compliance with specified requirements relating to two percent and one and three-quarters percent capital ratios if it is rated in one of the two highest full rating categories by two nationally recognized statistical rating organizations, determined without regard to the Association status as a federally chartered corporation.
Sets forth provisions relating to treatment of confidential information about the Association. Defines capital ratio.
Part
C
-
Federal Work-Study Programs
Revises and renames HEA title IV part C as Federal Work-Study Programs (currently Work-Study Programs). Extends through FY 1997 the authorization of appropriations for part C work-study programs.
Adds to Work-Study Program goals encouraging students receiving Federal student financial assistance to participate in community service activities.
Reserves a specified portion of Work-Study Program funds in excess of a specified amount for allocation to eligible institutions from which 50 percent or more of Pell Grant recipients graduate or transfer to four-year institutions.
Provides for reallotment of certain Work-Study Program funds to eligible institutions which used at least ten percent of their part C work-study program grant funds to compensate students employed in community service work-study programs.
Adds work in community service to authorized activities under agreements for grants for Work-Study Programs. Requires each institution to use at least five percent of its Work-Study grant funds for any fiscal year for a community service work-study program, unless this would cause hardship to its students.
Requires an institution to make at least five percent of its Work-Study grant available to less-than-full-time students, if the financial need of such students exceeds five percent of the total financial need of all students at such institution.
Increases from $200 to $300 the amount of Work-Study Program compensation in excess of need that a student may receive.
Increases the maximum Federal share of the compensation of students employed in the work-study program to 75 percent for 1993-4 and succeeding academic years.
(Current law sets it at 70 percent for academic year 1990-1991 and succeeding academic years.) Allows such Federal share to be greater if the Secretary determines that a greater Federal share is required to further Work-Study program purposes.
Limits the contribution of a private nonprofit organization (other than the eligible institution) to not more than 40 percent of the institutional share of compensation of the student who does community service work-study for such agency or organization.
Allows the eligible institution to count such contribution toward the non-Federal share of student compensation.
Requires that Work-Study jobs at proprietary institutions furnish student services that are directly related to the student's education.
Requires work-study program grant agreements to provide assurances that:
(1) employment made available from such program funds may be used to support programs for supportive services to students with disabilities; and
(2) the institution will inform all eligible students of the opportunity to perform community service work-study, and will consult with local nonprofit, governmental, and community-based organizations to identify such opportunities.
Sets forth provisions for carry-back authority, to allow institutions to pay summer wages to students from the succeeding fiscal year's appropriations.
Increases the maximum amount (but not the maximum portion) of its work-study grant allotment which an institution may use for a job location and development program for its students (including community services jobs).
Revises provisions for additional funds to conduct community service work-study programs.
Establishes a work colleges program.
Authorizes appropriations for FY 1993 through 1997 to carry out the work colleges program.
Allows, in addition to such authorized appropriations, funds allocated to the institution under HEA title IV provisions for work-study programs and Federal Perkins student loans to be transferred for use under the work colleges program to provide flexibility in strengthening the self-help-through-work element in financial aid packaging.
Requires an institution receiving such a work colleges program allocation to expend an equal amount of matching funds from non-Federal sources for such program.
Authorizes institutions to use such work colleges program funds for:
(1) supporting qualified students' educational costs through self-help payments or credits provided under the institution's work-learning program within the limits of student aid program provisions;
(2) promoting work-learning-service experience as a tool of postsecondary education, financial self-help, and community service-learning opportunities;
(3) administering, developing, and assessing comprehensive college work-learning programs, including community based work-learning alternatives that expand opportunities for community service and career-related work; and
(4) carrying out activities described under provisions for work-study programs and for job locator and development programs.
Requires postsecondary institutions, in order to be eligible to participate in the work colleges program, to:
(1) be public or private nonprofit institutions with commitments to community service;
(2) have a comprehensive work-learning-service program for at least two years;
(3) require service by all resident students through a comprehensive work-learning program as an integral part of the institution's educational program and philosophy; and
(4) provide through the institutional work program an opportunity for the students to contribute to the overall educational program and the welfare of the community as a whole.
Part
D
-
Federal Direct Loans
Establishes a Federal Direct Loan Demonstration Program as part D of title IV of HEA. (Eliminates the current part D, Income Contingent Direct Loans Demonstration Project.) Directs the Secretary to carry out such Federal direct loan demonstration program (the program) for qualified students and parents at selected institutions of higher education during the period beginning on July 1, 1994, and ending on June 30, 1998.
Directs the Secretary to make program payments for any fiscal year to each institution of higher education having a program agreement.
Requires such payments to be made on the basis of the estimated needs of the institution's students and parents, considering their demand and eligibility for loans under the program.
Declares that an institution with an approved application and agreement with the Secretary shall be deemed to have a contractual obligation (entitlement) from the United States for making the program payments specified in that application.
Sets forth program payment rules, in general and for initial payments.
Sets forth requirements for selection of institutions by the Secretary to participate in such loan demonstration program.
Directs the Secretary to enter into loan demonstration program agreements with institutions of higher education at which the total loan volume under the Stafford, supplemental, and parent loan programs was $500,000,000 in the most recent year.
Provides that under such agreements such institutions will make loans for the period beginning with the academic year beginning on July 1, 1994, and ending with loans made before June 30, 1998.
Requires such agreements to be concluded by January 1, 1994.
Requires that such institutions represent a cross-section of all institutions of higher education participating in part B of title IV, in terms of control of the institution, length of academic program, highest degree offered, size of student enrollment, percentage of students borrowing under part B, geographic location, annual loan volume, default experience, and composition of the student body.
Requires the Secretary, as much as possible consistent with requirements for such a cross-section, to first enter into agreements with institutions which apply to participate in such program.
Requires the Secretary to designate additional institutions, from eligible part B participants, to participate in the demonstration program, if necessary to satisfy the total loan volume and cross-section requirements.
Allows an institution so designated to decline to participate in the loan demonstration program for good cause.
Requires the Secretary to ensure that the annual loan volume under the Stafford, supplemental, and parent loan programs at the institutions with which the Secretary enter into loan demonstration program participation agreements, in the most recent fiscal year for which data are available, is not more than 15 percent of the loan guarantees under these programs of any guaranty agency.
Requires the Secretary to determine that such guaranty agency will remain financially sound.
Requires selection of a subgroup to offer and test an income contingent repayment option.
Directs the Secretary to select as such subgroup 35 percent of the institutions, selected or designated for the direct loan demonstration program, but only after publishing a finding that:
(1) the Secretary has established a collection mechanism that will provide a high degree of certainty that collections will be made in accordance with the income contingent repayment option; and
(2) the use of such repayment option and collection mechanism will result in an increase in the net amount the Government will collect.
Allows institutions to apply to participate in the direct loan demonstration program as consortia (although the Secretary will consider such consortia members as individual institutions for selection purposes).
Allows institutions selected to participate in such program to also enter into consortia to carry out the program agreement.
Sets forth requirements for such loan demonstration program agreements with institutions of higher education.
Directs the Secretary to establish procedures for withdrawal or termination of institutions from the loan demonstration program.
Requires loans under such demonstration program to have the same terms, conditions, and benefits as Stafford, supplemental, and parent loans, and to be eligible for consolidation.
Sets forth provisions for such demonstration program loan collection functions under competitive procurement contracts, including provisions for servicing for, and information on, income contingent loans.
Directs the Secretary to submit to the Congress annual reports on the progress and status of the loan demonstration program (by July 1, 1993, and each July 1 for the five succeeding years).
Directs the Comptroller General to submit to the Congress an evaluation of the loan demonstration program experience of the Department of Education, the participating institutions, students, and parents, through an interim final report by July 1, 1997, and a final report by May 1, 1998.
Directs the Secretary to select a control group of institutions comparable to the cross-section of participating institutions, to assist the Comptroller General in preparing such reports.
Sets forth requirements for treatment of specified types of costs for purposes of such reports.
Sets forth a schedule of regulatory activities by the Secretary with respect to such loan demonstration program, including publication dates for proposed and final regulations and for the list of participating institutions and the control group, closing date for applications from institutions, and deadline for award of procurement contracts.
Authorizes appropriations for FY 1993 through 1997 to enable the Secretary to make payments for the Federal Direct Loans Demonstration Program. Repeals provisions for the Income Contingent Direct Loan Demonstration Project (currently part D of title IV of HEA). Provides for:
(1) distribution of assets of the student loan fund established under such part D; and
(2) conversion of existing loans under such part D.
Part
E
-
Federal Perkins Loans
Revises and renames part E of title IV of HEA as Federal Perkins Loans (currently named Direct Loans to Students in Institutions of Higher Education or Perkins Loans). Extends through FY 1997 the authorization of appropriations for contributions by the Secretary to Perkins Loans program student loan funds.
(Authorizes additional appropriations for FY 1997 through 2002 as may be necessary to enable students who have received such loans for academic years ending prior to October 1, 1997, to continue or complete courses of study.) Revises provisions for allocation of funds under such Perkins Loans program.
Directs the Secretary to establish an appeals process by which specified anticipated collections requirements may be waived for institutions with low default rates in the Perkins Loans program.
Revises provisions for default penalties, and definitions of default rate and cohort default rate.
Revises provisions for reallocation of excess allocations.
Provides for reduction of allocation as a consequence of failure to award funds.
Revises Perkins loan program provisions for agreements with institutions of higher education, including capital contributions by institutions.
Requires an institution to match the Federal capital contribution if the institution is granted permission to participate in an Expanded Lending Option and has a default rate not more than seven and one-half percent.
Requires all other institutions to contribute an amount at least one-third of the Federal amount in fiscal years after FY 1993 (three-seventeenths in FY 1993).
Adds requirements for institutional disclosures of information about Perkins loan borrowers to credit bureau organizations having agreements with the Secretary. Prohibits the Secretary from requiring any collection agency, collection attorney, or loan servicer collecting Perkins loans to deposit collected amounts in interest bearing accounts.
Requires the Secretary to ensure that institutions of higher education may use Internal Revenue Service skip-tracing collection procedures on Perkins loans.
Revises amounts and terms of Perkins loans.
Raises the maximum aggregate amounts of such loans to specified types of students, and sets forth maximum annual amounts.
Allows the aggregate amount to be greater in the case of approved study abroad programs with reasonable costs in excess of the home institution's budget.
Requires students to provide the institution with their driver's license number, if any, at the time of application for a Perkins loan.
Requires at least five percent of an institution's Perkins loans to be made available to less-than-full-time students if the total financial need of all such students exceeds five percent of that need of all students at the institution.
Increases the monthly minimum repayment which institutions may require for Perkins loans made on or after July 1, 1993.
Eliminates a defense based on the borrower's being a minor.
Revises provisions for deferments of repayments under the Perkins loan program.
Revises the repayment period for Perkins loans.
Allows requests for deferment of Perkins loan repayment by students in graduate or post-graduate fellowship-supported study abroad (such as Fulbright grant recipients) until completion of the fellowship period.
Directs the Secretary to ensure that lenders grant Perkins loan borrowers a certain forbearance of principal and interest if the borrower's debt burden exceeds a specified amount or for other reasons the institution determines.
Authorizes the Secretary to grant an institution special repayment authority to compromise, within specified limits, on the repayment of defaulted Perkins loans, under specified conditions, to encourage repayment and to protect U.S. interests.
Revises provisions for cancellation of Perkins loans for certain public service.
Adds special rules for determining the list of schools with specified percentages of educationally disadvantaged students at which full-time teaching service in any subject may qualify for such cancellation, and for continuing eligibility even if the school is no longer on such list.
Adds provisions for such cancellation for full-time service as:
(1) a special education teacher, including teachers of infants, toddlers, children or youth with disabilities in a public or other nonprofit elementary or secondary school system, or as a professional provider of early intervention services;
(2) a teacher of mathematics, science, foreign languages, special education, bilingual education, or any other field of expertise where the State educational agency determines there is a shortage of qualified teachers;
(3) a nurse or medical technician providing health care services; or
(4) a child or family service agency employee providing or supervising services to high-risk children from low-income communities and their families.
Adds special rules for determining the list of schools with specified percentages of educationally disadvantaged students at which full-time teaching service in any subject may qualify for such cancellation, and for continuing eligibility of the teacher even if the school is no longer on such list.
Sets forth definitions of low-income communities, high-risk children, and infants, toddlers, children, and youth with disabilities.
Revises provisions for distribution of assets from student loan funds established under the Perkins loan program.
Extends the deadline for distribution of late collections.
Prohibits any finding that the liquid assets of such a student loan fund exceed a specified required amount from being made prior to two years after the date on which the institution received the funds from its allocation.
Revises an excess capital rule.
Establishes the Perkins Loan Revolving Fund, to be available to the Secretary to make payments under part E. Provides that specified funds be deposited in such Fund.
Part
F
-
Need Analysis
Revises HEA title IV part F provisions for Need Analysis. Establishes a new single need analysis formula to be used in the calculation of financial need for all title IV Student Assistance programs (thus replacing the current separate formulas for Pell Grants and for other title IV programs).
Bases such new formula on the current formula used for the Stafford (GSL) and the "campus-based" aid programs including supplemental grants and work-study programs.
Revises provisions for amount of need.
Eliminates provisions for a minimum student contribution.
Revises provisions for cost of attendance.
Revises provisions for expected family contribution:
(1) in general;
(2) for dependent students;
(3) for independent students without dependents other than a spouse; and
(4) for independent students with dependents other than a spouse.
Revises provisions relating to the Secretary's authority to prescribe specified updated need analysis tables and to propose modifications in the need analysis methodology.
Includes an education savings allowance in the asset protection allowance.
Revises provisions for the simplified needs test.
Raises the income caps on those who qualify for such simplified needs test.
Provides for a by-pass and consideration as having a zero family contribution for those with family adjusted gross incomes less than or equal to the earned income tax credit.
Revises provisions relating to:
(1) the discretion of student financial aid administrators;
(2) disregard of student aid in other Federal programs; and
(3) Native American students.
Revises definitions for need analysis provisions under title IV, including that for independent students.
Exempts family home or family farm assets from the need analysis calculation for families.
Part
G
-
General Provisions
Revises definitions for title IV (Student Assistance) in general.
Allows institutions outside the United States to be approved by the Secretary only for purposes of the part B Stafford loan program, with special conditions to be met by graduate medical schools outside the United States in order for their students to be eligible for part B loans.
Excludes from the definition of institution of higher education, for purposes of title IV program eligibility, any entity which:
(1) offers more than 50 percent of its courses by correspondence;
(2) enrolls 50 percent or more of its students in correspondence courses;
(3) has a student enrollment in which more than 25 percent are incarcerated (with waivers of such exclusion under certain conditions);
(4) has a student enrollment in which more than 50 percent are admitted pursuant to specified ability-to-benefit provisions;
(5) has filed for bankruptcy;
(6) has experienced a judicial determination of fraud involving Federal funds against the institution, its owner, or its chief executive officer; or
(7) is removed from eligibility as a result an action under program integrity provisions.
Revises the definition of proprietary institution of higher education, for purposes of title IV eligibility, to require that a proprietary institution have at least 15 percent of its revenues from sources that are not derived from funds provided under title IV. Sets forth certain eligible program requirements for proprietary institutions of higher education and postsecondary vocational institutions.
Revises the definition of academic and award years.
Sets forth certain eligible program standards for length of time of specified types of programs.
Directs the Secretary to develop regulations to determine the quality of programs less than 600 hours in length, with a minimum requirement that such programs have verified completion and placement rates of at least 70 percent.
Directs the Secretary, pursuant to such regulations, to allow such programs to participate in part B Stafford loan programs.
Defines third party servicer.
Revises provisions relating to a master calendar.
Revises provisions for forms and regulations for title IV student aid programs.
Requires the common financial reporting form to be produced, distributed, and processed by the Secretary. Prohibits charging any parent or student a fee for the collection, processing, or delivery of financial aid through use of such a form.
Prohibits any approved contractor from entering into exclusive arrangements with guarantors, lenders, secondary markets, or institutions to resell or share data collected for the multiple data entry process.
Makes all data collected under a contract issued by the Secretary for the multiple data entry process the exclusive property of the Secretary. Prohibits such data from being transferred to a third party by an approved contractor without the Secretary's written approval.
Directs the Secretary to develop a streamlined reapplication process.
Revises provisions for toll-free student aid information to include:
(1) accessibility for telecommunication devices for the deaf; and
(2) referrals to a postsecondary clearinghouse for individuals with disabilities.
Requires any financial aid application under title IV to include the preparer's name, signature, address, social security number, and organizational affiliation.
Revises provisions for student eligibility for title IV student aid programs.
Prohibits a student who is incarcerated from being eligible to receive a loan under title IV. Revises provisions for ability-to-benefit programs to include a State-prescribed determination process approved by the Secretary. Authorizes the Secretary to verify all applications for aid through the use of any means available, including exchange of information with other Federal agencies.
Revises provisions for loss of student eligibility for violation of loan limits to allow students who inadvertently exceeded such borrowing limits to repay the excess amount prior to being certified for eligibility for further title IV assistance (and provides for absolute loss of eligibility only for those who fraudulently exceed such limits).
Directs the Secretary to implement a system of verification of immigration status.
Prohibits a student from being eligible to receive a grant, loan, or work assistance under title IV for a correspondence course unless such course is a part of a program leading to an associate, or bachelor, or graduate degree.
Provides that a student enrolled in a course at an eligible institution that is offered in whole or in part through telecommunications and leads to a recognized associate, bachelor, or graduate degree shall not be considered to be enrolled in correspondence courses unless the total amount of telecommunications and correspondence courses at such institution equals or exceeds 50 percent of such courses.
Allows restriction or reduction of student aid to a student if a financial aid officer determines under discretionary authority that telecommunications instruction results in a substantially reduced cost of attendance to such student.
Sets forth provisions for data base matching with the Selective Service. Provides for eligibility for title IV assistance for students in study abroad programs approved for credit by their home institutions.
Sets forth provisions for the Secretary's verification of social security numbers provided by students to eligible institutions.
Establishes requirements for institutional refunds, refund policies, and disclosures of policy.
Revises provisions for information dissemination activities.
Requires the institution to inform prospective student borrowers that study abroad programs approved for credit by the institution are eligible for student aid.
Requires that exit counseling for borrowers include the terms and conditions under which the student may obtain partial cancellation or defer repayment of the interest and principal pursuant to specified provisions.
Requires borrowers to provide certain information during the exit interview, regarding their expected permanent address, employer, next of kin, and corrections in the institution's records relating to their identification and location.
Requires the institution to forward such information to the lender and guaranty agency.
Requires each institution of higher education participating in any title IV student aid program to develop and distribute (as part of its disclosure of campus security policy and crime statistics to current and applicant students and employees) a statement of policy regarding its:
(1) campus sexual assault programs, which shall be aimed at prevention of sex offenses; and
(2) procedures followed once a sex offense has occurred.
Requires that such policy address certain areas, including education programs and specified types of procedures, possible sanctions, information, and notification.
Revises provisions for a National Student Loan Data System to require such system to:
(1) allow electronic exchange of data between program participants and the system; and
(2) provide for monitoring enrollment, student status, and internship and residency information.
Establishes requirements for standardization of data reporting.
Establishes requirements for simplification of the borrowing process for borrowers.
Revises provisions for training in student financial aid services.
Sets forth grant limitations.
Extends through FY 1997 the authorization of appropriations.
Revises provisions for title IV student aid program participation agreements to require institutions to provide information relating to their administrative capability and financial responsibility.
Requires institutions to disclose to prospective students relevant State licensing requirements for any job for which the course of instruction is designed.
Prohibits an institution from denying any form of Federal financial aid to an eligible student on grounds of participation in an approved credit program of study abroad.
Requires institutions:
(1) acknowledge specified entities' information-sharing authority;
(2) develop Default Management Plans under specified conditions;
(3) complete specified surveys and collect and transmit specified information; and
(4) prepare annual audits and reports on total revenues and expenditures of the institution as a whole and of its athletic departments and intercollegiate athletic activities, if the institution offers athletically related student aid (including separate amounts attributable to football, men's basketball, and women's basketball, and to all other men's sports combined and all other women's sports combined).
Prohibits institutions from imposing any penalty (including assessment of late fees, denial of access to classes, libraries, or other institutional facilities, or requiring the student to borrow additional funds) on students because their inability to meet financial obligations to the institution as a result of delayed disbursement of the proceeds of a loan due to compliance with title IV provisions or delays attributable to the institution.
Revises provisions relating to hearings and availability of records.
Provides for annual financial audits and compliance audits of each institution eligible under title IV. Requires compliance audits of third party servicers and of secondary markets.
Establishes a Quality Assurance Program. Authorizes the Secretary to select institutions for voluntary participation in such program:
(1) based on criteria including demonstrated institutional performance; and
(2) considering current quality assurance goals.
Allows participating institutions to develop and implement their own systems to verify student financial aid application data.
Exempts participating institutions from title IV reporting or verification requirements, and allows them to substitute such quality assurance reporting as the Secretary deems necessary.
Sets forth conditions for removal from the program.
Authorizes the Secretary to:
(1) select institutions for voluntary participation as experimental sites to provide recommendations on the impact and effectiveness of proposed regulations or new management initiatives; and
(2) exempt such institutions from any title IV requirements or regulations that would bias experimental results.
Directs the Secretary to assign to each participant (including institutions, lenders, and guaranty agencies) in title IV programs a single identification number.
Increases the percentage of specified program funds which may be involved in certain inter-program transfers, including package-type aid offers that include institutional and State aid to best fit the needs of individual students.
Revises provisions for administrative expenses payments to require a reasonable proportion of an institution's funds to be available for financial aid services during times and in places to accommodate specified types of nontraditional students.
Repeals specified provisions relating to data matching.
Revises title IV provisions for criminal penalties.
Increases the amount of fines for specified violations.
Revises provisions for the Advisory Committee on Student Financial Assistance relating to:
(1) independent control;
(2) membership;
(3) functions; and
(4) availability of funds.
Requires the Committee to make special efforts to advise Members of Congress and their staff of its findings and recommendations.
Increases the annual amount available from funds for salaries and expenses of the Department of Education for Committee costs.
Directs the Committee to carry out special analyses and activities, including evaluating:
(1) program modifications resulting from this Act, especially relating to student aid methodology;
(2) the free common form, the aid eligibility determination process, and the simplified reapplication process;
(3) current methods of student aid program information dissemination (with recommendations for improvements in early needs assessment and information for first-year high school students); and
(4) the adequacy of methods of monitoring student debt burden.
Reauthorizes the Advisory Committee until October 1, 1998.
Directs the Advisory Committee to conduct a study of means of simplifying all aspects of the Federal Family Education Loans Program (the Guaranteed Student Loan program).
Directs the Advisory Committee to consult with specified congressional committees and report to them on such study within one year.
Requires regional meetings and negotiated rulemaking in developing regulations implementing amendments made to HEA title IV by this Act. Authorizes appropriations for FY 1993 and thereafter for administrative expenses necessary for carrying out title IV student aid programs, including expenses for staff personnel and compliance activities.
Part
H
-
Program Integrity
Establishes a new part H of title IV of HEA, Program Integrity Triad, with the following subparts:
(1) State Postsecondary Review Program;
(2) Accrediting Agency Approval; and
(3) Eligibility and Certification Procedure. Sets forth requirements for State postsecondary review agency programs for conduct or coordination of review of institutions of higher education for purposes of title IV eligibility.
Sets forth requirements for:
(1) agreements with such State agencies;
(2) Federal reimbursement of such State agency costs;
(3) State agency functions, including criteria for review;
(4) State review standards, subject to disapproval by the Secretary, with differential standards under specified conditions;
(5) disapproval authority and procedures;
(6) consumer complaints; and
(7) enforcement mechanisms.
Directs the Secretary to establish standards for approval of accrediting agencies or associations, which must be met before they may receive approval for student assistance program purposes.
Sets forth various required contents of such standards.
Sets forth required operating procedures.
Sets forth special accreditation rules, including ones for:
(1) change of accrediting agency;
(2) dual accreditation; and
(3) impact of loss of accreditation.
Sets forth eligibility and certification procedures which the Secretary must follow in determining an institution's legal authority to operate within a State, accreditation status, administrative capability, and financial responsibility.
Sets forth requirements and authority relating to program review and data to strengthen title IV provisions for administrative capability and financial responsibility.
Title
V
-
Educator Recruitment, Retention, and Development
Revises HEA title V (Educator Recruitment, Retention, and Development). Establishes, as the new part A of title V, State and Local Programs for Teacher Excellence. Provides for:
(1) funds to State educational agencies (SEAs), local educational agencies (LEAs), and institutions of higher education to update and improve the skills of classroom teachers, including preschool and early childhood education specialists and school administrators;
(2) establishing State academies for teachers and school leaders; and
(3) a comprehensive examination of State requirements for teacher preservice and certification.
Authorizes the Secretary to make grants to SEAs to improve the quality of teaching, including early childhood education.
Provides for allotment to States based on school-age population (age five through 17).
Provides for allotment to States based on school-age population.
Requires the SEA to allocate 50 percent of its allotment to LEAs to carry out specified activities.
Requires the SEA to allocate one-half of that 50 percent of the State allotment to LEAs based on relative enrollments in their public schools and one-half to LEAs based on their relative share of the State's allocation of funds under provisions for educationally disadvantaged children under chapter 1 of title I of the Elementary and Secondary Education Act of 1965 (and requires any LEA receiving less than a specified minimum to form a consortium with other LEAs). Directs the SEA to reserve not more than 25 percent of the State allotment to distribute to institutions of higher education for purposes of specified State uses of funds including assessment of teacher education programs, establishment of State Academies for Teachers and for School Leaders, and other teaching improvement activities.
Directs the SEA to reserve not more than 25 percent of the State allotment for specified grants to institutions of higher education for teacher training programs and for professional development academies.
Limits State administrative expense reimbursement to not more than three percent of program funds.
Requires the State to distribute such allotment funds to LEAs on a competitive basis if the appropriation for part A is less than a specified minimum amount.
Sets forth requirements for State and local applications.
Requires SEAs to evaluate academies under this part A and to report to the Secretary. Directs the Secretary to submit summaries of such reports biennially to the Congress. Requires LEAs to use part A funds for inservice training of teachers and preschool and early childhood education specialists.
Allows LEAs to use such funds for:
(1) programs to recruit individuals into teaching and into early childhood education;
(2) business partnerships for employee-teacher exchange and internship programs and student visits and technical training; and
(3) other teaching improvement activities.
Requires SEAs to use part A funds, first, to conduct a study of teacher education programs within the State, and secondly, for:
(1) establishing State Academies for Teachers;
(2) establishing State Academies for School Leaders; and
(3) activities directly related to implementing the teacher education study.
Requires each SEA receiving part A funds to undertake a study of teacher education programs (including training programs for preschool and early childhood education specialist) and State laws and regulations relating to such programs, including standards or requirements for teacher certification and licensure.
Sets forth deadlines for study results and reports.
Permits waivers of such requirement if the State has completed a comparable study within the previous three years, (with study funds to be used instead to implement program and policy changes or, if such changes have already been implemented, other specified activities).
Sets forth provisions for competitive awards for, and authorized activities of, State Academies for Teachers (in each of key academic subjects) and State Academies for School Leaders (for principals and other school leaders).
Provides for the State Academies for Teachers program to improve elementary and secondary school teacher subject matter knowledge in each of the key academic subjects.
Sets forth requirements for applications by eligible entities to operate such Academies through competitive grants awarded by each SEA from its program allotment.
Sets forth authorized uses of funds, authorized activities, cost-sharing requirements, and special rules.
Allows a State, if it can demonstrate that its need for such academies in key academic subjects has been meet, to use program funds to establish one or more of the following academies or awards:
(1) an academy for early childhood education training (with priority for recruiting candidates from underrepresented groups, and with provision for intensive childhood training in violence counseling);
(2) a Tech-Prep academy to assist educators in secondary schools and community colleges to more effectively understand organizational structures and organizational change strategies, learn effective peer leadership strategies, identify knowledge and skills required in highly technical industries and workplaces, apply creative strategies to developing interdisciplinary curricula, and integrate academic and vocational education; and
(3) a Teacher Awards program of cash awards for outstanding teachers in the key academic subject or subjects covered by each academy.
Provides for the State Academies for School Leaders program to establish an Academy for current and prospective school leaders in every State, to improve the training and performance of school principals and other school leaders and to increase the number of persons who are highly trained to be principals and school leaders.
Sets forth application requirements for an eligible entity to operate such an Academy in a State through competitive grants awarded by each SEA from its program allotment.
Sets forth authorized uses of funds, authorized activities, and cost-sharing requirements.
Sets forth provisions for applications by institutions of higher education for part A grants by SEAs. Requires SEAs to award such grants on a competitive basis to such institutions having departments, schools, or colleges of education, for:
(1) establishing professional development academies;
(2) establishing and maintaining programs to provide teacher training to individuals moving to a career in education from another occupation;
(3) institutional technical assistance to LEAs for inservice training;
(4) innovations and improvements in teacher education programs within the institution to better meet LEAs' needs for well-prepared teachers;
(5) improving training for preschool and early childhood education specialists, including those providing preschool and early intervention services for infants and toddlers with disabilities;
(6) integrating the instruction of academic and vocational teacher education programs;
(7) activities to encourage individuals, especially from minority groups, to pursue careers in education;
(8) expanding U.S.-Mexican bilateral teacher training and educational activities through cooperative programs among various educational and private sector entities; and
(9) implementing new requirements for teacher education programs, when the State study of such programs is completed.
Provides for the Professional Development Academies Program to establish school-based teacher training programs in States to provide prospective and novice teachers and school leaders the opportunity to work under the guidance of master teachers and college faculty members.
Sets forth application requirements for eligible entities to operate such an Academy in a State through competitive grants from each SEA through its program allotment.
Sets forth authorized uses of funds, authorized activities, and cost-sharing requirements.
Requires part A funds to supplement, not supplant, regular non-Federal funds.
Requires SEAs to ensure that activities under part A are consistent with goals and objectives of any Federal or State systemic educational reform activities.
Authorizes appropriations for FY 1993 through 1997 for the new part A State and Local Programs for Teacher Excellence. Establishes a new part B, the National Teacher Academies program.
Authorizes the Secretary to make grants to institutions of higher education, private nonprofit education organizations, or combinations of such entities to establish and operate National Teacher Academies. Requires at least one but not more than three such Academies in each of the following subject areas commonly taught in elementary and secondary schools:
(1) English;
(2) mathematics;
(3) science;
(4) history;
(5) geography;
(6) civics and government; and
(7) foreign languages.
Requires academy staff to be selected from the most accomplished and prominent scholars in the relevant fields and methodologies.
Provides that such grants shall be for three years, and renewable, and awarded under a competitive bidding process.
Limits such awards to eligible applicants who have demonstrated expertise in both the subject area and in-service teacher training.
Requires consistency with systemic educational reforms.
Requires grant funds to be used for:
(1) in-service training for teachers and administrators;
(2) summer institutes; and
(3) support services for State Academies for Teachers, including national networks of individuals, consulting assistance, and information services.
Sets forth grant application requirements.
Requires that specified types and numbers of school administrators and teachers comprise State delegations to participate in each National Teacher Academy. Requires individual participants to be selected by specified panels.
Directs the Secretary to evaluate the National Teacher Academies system biennially.
Authorizes appropriations for FY 1993 through 1997 for National Teacher Academies under the new part B. Revises, and transfers to part C of title V of HEA, provisions for Teacher Scholarships and Fellowships (currently part D). Revises and extends the subpart 1 Paul Douglas Teacher Scholarships program (currently Paul Douglas, or Congressional, Teacher Scholarships program), of grants to States for postsecondary scholarships to outstanding high school graduates to enable and encourage them to pursue teaching careers in preschool, elementary, or secondary education.
Bases allocation among States on school-age population.
Includes among various application requirements, description of how the State will inform award recipients of current and projected teacher shortages and surpluses within the State. Requires State agencies to make particular efforts to attract, and give priority consideration to, ethnic and racial minority students, students with disabilities, or other individuals historically underrepresented in teaching (as well as students from low-income disadvantaged backgrounds).
Requires special consideration, in selecting award recipients to be given to individuals who intend to teach:
(1) students with disabilities (or provide related services for them);
(2) limited English proficient students;
(3) preschool age children;
(4) in curricular or geographic areas where there is a demonstrated shortage of qualified teachers; or
(5) in schools servicing inner city or rural or geographically isolated areas.
Requires statewide panels, in selecting award recipients to afford special consideration to women and minorities who are underrepresented in the fields of science and mathematics and are seeking to enter the teaching profession in these fields.
Limits such scholarships to not more than $5,000 for each academic year for up to four years of postsecondary education to prepare for becoming a preschool, special education, elementary, or secondary teacher.
(Provides that such awards shall be considered in other title IV aid programs, and shall not exceed need or cost of attendance.) Sets forth provisions for selection of scholarship recipients by statewide panels.
Sets forth scholarship conditions.
Requires recipients to perform specified teaching of two years for every one year of assistance, within the ten-year period after completion the postsecondary education for which the Scholarship was awarded, or else repay the scholarship, with specified exceptions.
Sets forth provisions for Federal administration of State programs, with procedures for disapproval hearings, suspension of eligibility, and judicial review.
Sets forth provisions for designation of "shortage areas." Adds Douglas program evaluation requirements.
Directs the Secretary to provide for independent evaluation of recipients of such scholarship assistance and of the program's impact in bringing into teaching a significant number of highly able individuals who otherwise would not have entered teaching.
Requires appropriate interim reports and a final report to the President and the Congress by January 1, 1997.
Authorizes appropriations for FY 1993 through 1997 for the subpart 1 Paul Douglas Teacher Scholarships program.
Revises and extends the subpart 2 Christa McAuliffe Fellowship Program, a national fellowship program for outstanding teachers.
Increases (to three percent from two and one-half percent) the portion of program funds which may be used for administration.
Directs the Secretary to establish a clearinghouse or otherwise provide for collection and dissemination of information on exemplary projects by teacher fellows receiving funds under such program.
Sets forth independent evaluation requirements for such program.
Requires appropriate interim reports and a final report to the President and the Congress by January 1, 1997.
Authorizes appropriations for FY 1993 through 1997 for such subpart 2 Christa McAuliffe Fellowship program.
Establishes a new subpart 3 of part C, the Teacher Corps program.
(Replaces the current part E, State Task Forces on Teacher Training.) Authorizes a new Teacher Corps program.
Authorizes the Secretary to make grants to SEAs to conduct teacher corps activities, including awarding scholarships to teacher corps members.
Bases the amounts of such grants to SEAs on school-age population.
Requires each State educational agency (SEA) to identify as Teacher Corps schools not more than ten percent of the public elementary schools and ten percent of the public secondary schools in the State which have the highest levels of poverty and the lowest levels of student achievement.
Provides for Teacher Corps scholarships to Teacher Corps members.
Directs the Secretary to:
(1) disseminate information about availability of teacher corps scholarships;
(2) foster communication among teacher corps members;
(3) conduct summer preservice orientation programs;
(4) facilitate hiring and placement of corps members at corps schools;
(5) award grants to applicant SEAs to enable then to award corps scholarships; and
(6) collect scholarship repayments from individual corps members.
Specifies authorized uses of grant money by SEAs. Requires the SEA to select teacher corps members according to criteria intended to:
(1) attract highly qualified individuals to teaching; and
(2) meet the needs of Teacher Corps schools in addressing teacher shortages.
Requires special consideration for those who:
(1) intend to teach students with disabilities, limited English proficient students, or preschool age children;
(2) are from disadvantaged backgrounds, including racial and ethnic minorities and individuals with disabilities;
(3) are underrepresented in the teaching profession or in the curricular areas in which they are preparing to teach;
(4) intend to teach in areas of science or mathematics, especially women or minorities underrepresented in such fields; or
(5) intend to teach on Indian reservations, in Alaska Native villages, or in areas with high concentrations of Native Hawaiians. Sets forth individual application requirements.
Sets forth SEA grant application requirements.
Requires descriptions of selection process, corps members' employment placement, LEA induction programs for corps members, and monitoring.
Makes individuals eligible to receive such scholarships for up to three years during enrollment in any of the following programs of study:
(1) a baccalaureate or associate degree;
(2) one or two postbaccalaureate years of a masters or specialist degree or teaching certificate; or
(3) two years of an associate's degree in early childhood education or development, or one year of a child development associate credential program.
Makes individuals pursuing the aforementioned kinds of postbaccalaureate study eligible to receive such a scholarship during any of the first three years they are employed as a teacher, in order to defray the costs of such study.
Makes individuals with a bachelor's degree who wish to enter teaching from another profession eligible for such a scholarship for the instruction necessary to enter the teaching profession in the State where they wish to teach.
Allows such instruction to be provided while the individual is employed as a provisional teacher, at the discretion of the State. Limits the amount of such a scholarship to an individual to the lesser of $5,000 per year or the cost of attendance for a maximum of three years.
States that such scholarship shall be considered in determining eligibility for student assistance under title IV of the Higher Education Act of 1965.
Requires scholarship agreements to include assurances of:
(1) satisfactory academic progress and participation in teaching-related activities during a course of study which meets State requirements for teacher preparation; and
(2) teaching for three years in a Teachers Corps school.
Allows members to transfer to another such school within the State or to another State with a program, upon approval of the State. Prescribes additional assurances such agreements must include.
Provides for repayment of scholarships and for cancellation of such obligation under specified conditions.
Provides for publication of, and recruitment for, the Teacher Corps scholarship program, particularly for minority students, students with outstanding academic records, and various types of individuals at specified kinds of institutions.
Authorizes appropriations for such new Teacher Corps program for FY 1993 through 1997.
Establishes title V part D provisions for Innovation and Research. Establishes, as subpart 1 of part D, provisions for a National Board for Professional Teaching Standards (the Board). Directs the Secretary to provide financial assistance to the Board from specified appropriations authorized for FY 1993 through 1997.
Sets forth terms and conditions for such funding.
Prohibits any funds from being made available to the Board after FY 1997 (except as authorized for FY 1993 through 1997, and available until the end of the second fiscal year succeeding that for which they were authorized).
Requires the Board to consult at least twice annually with the Committee (i.e., the Fund for Improvement and Reform of Schools and Teaching Board) on design and execution of its overall research and development strategy, including compliance with merit review and open competition requirements.
Requires funds for the Board under this Act to be used only for research and development of teacher assessment and certification procedures for elementary and secondary school teachers.
Requires that priority be given to such activities relating to teaching:
(1) the subject areas of mathematics, the sciences, foreign languages, and literacy (including reading, writing, and analytical ability); and
(2) special educational populations, including limited English proficient children, gifted and talented children, children with disabilities, and economically and educationally disadvantaged children.
Sets the Federal share of the cost of such Board activities at 50 percent.
Requires the Board to report annually to the appropriate committees of the Congress. Requires the Secretary of Education, the Director of the National Science Foundation, and the National Research Council to review and comment on the Board's report and to report to such congressional committees on the Board's compliance with these provisions.
Provides for auditing and for independent, ongoing evaluation.
Authorizes appropriations for FY 1993 through 1997 for the Board. Alternative Routes to Teacher Certification and Licensure Act of 1992 - Establishes as subpart 2 of part D of title V of HEA, Alternative Routes to Teacher and Principal Certification and Licensure. Establishes this program of assistance for alternative routes to teacher certification or licensure, to improve the supply of qualified elementary and secondary school teachers and principals by assisting State programs to help talented professionals who have demonstrated high competence in a subject area and wish to pursue education careers to meet State certification licensing requirements, with special emphasis on minority group member participation.
Sets forth requirements for allotments, State applications, and uses of funds.
Authorizes appropriations for FY 1993 for this Alternative Routes program.
Repeals this Alternative Routes program as of July 1, 1995.
Establishes, as subpart 3 of part D, the Class Size Demonstration Grant program.
Directs the Secretary to award such grants to local educational agencies to pay the Federal share (50 percent) of the costs of conducting projects that demonstrate methods of reducing class size which may provide information meaningful to other State and local educational agencies.
Allows a specified portion of program funds to be reserved for evaluation activities.
Sets forth criteria and priorities for selecting grant recipients.
Sets forth program requirements, including annual announcement of factors to be examined and use of random techniques and appropriate comparison groups.
Sets forth application requirements.
Sets forth requirements for national evaluation, reporting, and dissemination.
Authorizes appropriations for FY 1993 through 1997 for such grants program.
Establishes, as subpart 4 of part D Middle School Teaching Demonstration Programs. Authorizes the Secretary to make competitive grants to institutions of higher education to develop model programs with a specialized focus on teaching grades six through nine.
Limits such grants to three years and to a specified maximum amount in the first year of funding.
Sets forth requirements for applications, reports and information dissemination.
Authorizes appropriations for FY 1993 to carry out such programs.
Establishes a new part E of title V, Minority Teacher Recruitment. Establishes as subpart 1 of part E the New Teaching Careers program.
Authorizes the Secretary to make grants to eligible recipients to pay the Federal share of costs of establishing and operating programs to attract minority candidates (who are in school support or paraprofessional positions or in occupations other than teaching) to elementary and secondary school teaching careers.
Makes eligible for such grants consortia of institutions of higher education and LEAs. Allows grant funds to be used to pay tuition, release time, and child care stipends for program participants.
Gives special consideration to programs recruiting speakers of non-English languages who have been trained as teachers in their home countries or individuals already employed in an LEA, and to eligible recipients located in shortage areas.
Authorizes appropriations for FY 1993 through 1997 for such program.
Establishes, as subpart 2 of part E, Programs to Encourage Minority Students to Become Teachers. Authorizes the Secretary to make grants to partnerships of institutions of higher education and LEAs, or SEAs or State higher education agencies, or community-based organizations to carry out activities to:
(1) improve recruitment and training opportunities in education for minority (including language minority) individuals;
(2) increase the number of minority (including language minority) teachers in elementary and secondary schools; and
(3) identify and encourage minority students in the 7th through 12th grades to aspire to and prepare for careers in elementary and secondary school teaching.
Sets forth grant selection criteria, partnership agreement requirements, authorized uses of funds, and application requirements for such teacher partnerships program.
Establishes, also under such subpart 2 of part E, a teacher placement program.
Authorizes the Secretary to make grants to institutions of higher education with schools and departments of education to pay the Federal share of developing and carrying out programs to:
(1) recruit, prepare, and train students to become elementary and secondary school teachers; and
(2) place students as teachers in urban and rural public and private nonprofit elementary or secondary schools where at least 50 percent of students enrolled are minority groups.
Allows special consideration, in awarding of such grants, to be given to historically Black colleges and universities.
Sets forth authorized uses of grant funds and application requirements.
Sets the Federal share at 50 percent, but authorizes an increase to 75 percent after FY 1993 as a performance incentive for demonstrated success in program operation.
Authorizes appropriations for such subpart 2 of part E for FY 1993 through 1997, with:
(1) two-thirds of such funds to be for the teacher partnerships grants program; and
(2) one-third for the teacher placement program.
Establishes, as part F of title V, Programs for Special Populations. Establishes, as subpart 1 of part F, the National Mini Corps Program. Authorizes the Secretary to make grants to institutions of higher education to establish program partnerships with LEAs. Provides for program services for individuals who are:
(1) first-generation college students or low-income individuals as defined under TRIO special programs for students from disadvantaged backgrounds; or
(2) students enrolled in institutions of higher education who are children of current or former migratory workers (including migratory agricultural dairy workers) or of migratory fishermen.
Provides for certain program services, also, for children who are eligible to receive certain services for educationally disadvantaged children with special needs under specified provisions of chapter 1 of title I of the Elementary and Secondary Education Act of 1965 (ESEA chapter 1).
Requires the program to provide:
(1) such individuals enrolled or planning to enroll in institutions of higher education with advice, training, and instructional services to help in being role models for such children;
(2) such individuals with outreach and recruitment services to encourage enrollment in teacher education programs;
(3) such individuals enrolled in such an institution with support and instructional services to enable them to provide direct instructional services to such children, in coordination with SEA or LEA goals;
(4) designation of college coordinators at participating institutions to train, supervise, and assign such individuals in cooperation with SEAs and LEAs in which such children have been identified; and
(5) support for other activities related to encouraging such individuals to enter the teacher profession and provide a link to the community.
Sets forth requirements for institutional applications, grant awards, uses of funds, and evaluations.
Authorizes appropriations for FY 1993 through 1997 for such National Mini Corps Program. Establishes, as subpart 2 of part F, programs, for Foreign Language Instruction, with provisions for:
(1) Demonstration Grants for Critical Language and Area Studies; and
(2) Development of Foreign Language and Culture Instructional materials.
Authorizes the Secretary to make demonstration grants to specified eligible consortia to:
(1) operate critical language and area studies programs;
(2) develop and acquire educational equipment and materials; and
(3) develop teacher training programs, texts, curricula, and other activities to improve and expand instruction in foreign languages at elementary and secondary schools across the Nation. Authorizes the Secretary to make competitive grants to various types of educational entities or consortia to act as a resource center for:
(1) coordinating development of and disseminating foreign language and culture instructional material (including children's literature, videotapes, computer software, and international study teacher instructional kits); and
(2) encouraging expanded use of technology in teaching foreign language and culture at the elementary school level (and, when those needs are met, at the secondary school level) with emphasis on schools with proportionally fewer resources.
(Requires coordination with, and use of materials and technologies developed under, the Star Schools Assistance Program Act.) Authorizes appropriations for FY 1993 through 1997 for such foreign language instruction grants programs for:
(1) critical language and area studies; and
(2) foreign language and culture instructional materials.
Establishes, as subpart 3 of part F, the Small State Teaching Initiative program.
Authorizes the Secretary to make grants to small States (less than 1,108,500 population) to make grants to eligible institutions of higher education with teacher training programs to develop model programs to improve teacher education, training, and recruitment in such States. Sets forth authorized institutional use of funds.
Requires equal allotment of funds among small States. Sets forth application requirements.
Authorizes appropriations for FY 1993 through 1997 to carry out such program.
Establishes, as subpart 5 of part F, programs for Early Childhood Education Training, including programs for:
(1) training in early childhood education and violence counseling; and
(2) early childhood staff training and professional enhancement.
Directs the Secretary to award grants to institutions of higher education to establish innovative programs to recruit and train students for careers in:
(1) early childhood development and care, or preschool programs; or
(2) providing counseling to young children from birth to six years of age who have been affected by violence, and to adults who work with such children.
Sets forth requirements for:
(1) applications and plans;
(2) grant selection and priorities (including preparing students for work in economically disadvantaged areas, and focusing recruiting, retention, and training on disadvantaged students); and
(3) maximum grant duration and amount.
Directs the Secretary to award grants to States, on a competitive basis and for a period of five years, for programs for early childhood staff training and professional enhancement.
Requires State designation of an appropriate lead agency to administer the program and coordinate it with other appropriate programs.
Requires State establishment of an Advisory Committee to develop the State plan.
Requires such Committee to consist of representatives from specified entities.
Requires each State desiring a grant under this part to submit, through its lead agency, a State plan to the Secretary. Sets forth required contents of such plans.
Directs the Secretary to consult with the Secretary of Health and Human Services (HHS) regarding the contents of such plans.
Authorizes appropriations for FY 1993 through 1997 for such programs of:
(1) training in early childhood education and violence counseling; and
(2) early childhood staff training and professional enhancement.
Requires evaluations of and reports on such programs.
Title
VI
-
International Education Programs
Revises title VI of HEA, International Education Programs. Revises provisions for part A, International and Foreign Language Studies. Revises provisions for graduate and undergraduate language and area studies, to add to authorized uses of program grants the establishing and maintaining of linkages with overseas institutions of higher education and other organizations that may contribute to specified educational objectives of the program or center.
Authorizes the Secretary to make additional grants to comprehensive language and area centers for programs of linkage or outreach:
(1) between foreign language, area studies, and other international fields and professional schools and colleges;
(2) with two- and four-year colleges and universities;
(3) with departments or agencies of State and Federal governments;
(4) with the news media, business, professional, or trade associations; and
(5) carried out by summer institutes in foreign area and other international fields.
Revises provisions for stipends.
Revises provisions for language resource centers.
Revises provisions for undergraduate international studies and foreign language programs.
Limits program grants to not more than 50 percent of project costs.
Replaces model grant provisions with provisions for grants to strengthen programs of demonstrated excellence to ensure their self-sustaining maintenance and growth and enhance their capacity-building and dissemination functions.
Authorizes the Secretary to also make grants for programs of national significance for undergraduate international studies and foreign language education purposes.
Retains and extends provisions for intensive summer language institutes.
Revises provisions for research, studies, and annual reports.
Revises provisions for assistance in acquiring and making available periodicals published outside the United States to add provisions for other research materials published outside the United States. Requires the Secretary, in awarding grants under part A International and Foreign Language Studies, to ensure that an appropriate portion of such funds is used to support undergraduate education.
Adds provisions for American Overseas Research Centers. Authorizes the Secretary to make grants to and contracts with any such Center, which is a consortium of institutions of higher education, to promote postgraduate research, exchanges, and area studies.
Sets forth authorized uses of such funds.
Extends through FY 1997 the authorization of appropriations for title VI part A, International and Foreign Language Studies. Revises title VI part B provisions for Business and International Education Programs. Revises provisions both for centers for international business education and for education and training programs to add to authorized uses of such center and program grants:
(1) establishment of linkages overseas with institutions of higher education and other organizations that contribute to such centers' and programs' educational objectives; and
(2) summer institutes in international business, foreign area, and other international studies designed to carry out specified purposes.
Extends through FY 1997 the authorization of appropriations for title VI part B, Business and International Education Programs, including Centers for International Business Education and Education and Training Programs. Establishes a new part C of title VI, the Institute for International Public Policy (the Institute), which shall, conduct a program to significantly increase the numbers of African Americans and other underrepresented minorities in the international service, including private international voluntary organizations and the U.S. foreign service.
Requires such program to include:
(1) junior year study abroad;
(2) graduate fellowships;
(3) internships;
(4) intensive academic programs such as summer institutes; or
(5) intensive language training.
Authorizes the Institute to be established through a grant by the Secretary to an eligible recipient (a consortium of one or more institutions eligible for title III part B assistance for historically Black colleges and universities, other institutions of higher education with certain numbers of minority students, and institutions of higher education with programs in training foreign service professionals).
Requires each consortium to designate a host institution for the Institute. Sets forth the components of the academic program of the Institute, including a junior year abroad, academic year and summer internships, a masters degree program, and fellowships for full-time study for students who agree to enter the U.S. foreign service or international service.
Sets forth matching requirements, reporting requirements, and provisions for gifts and donations.
Authorizes appropriations for FY 1993 through 1997 for the Institute. Revises title VI part D (currently part C) general provisions to eliminate provisions for an Advisory Board. Adds a definition of critical languages.
Allows institutions of higher education not located in the United States which meet specified eligibility requirements to apply for title VI International Education assistance in consortia with U.S. institutions of higher education that are eligible under HEA. Provides that amendments to title VI establishing new programs or expanding existing programs pursuant to this Act shall not be funded in FY 1993 through 1997 unless and until the Congress enacts appropriations for pre-1992 title VI programs enacted prior to this Act at a level no less than their FY 1992 funding.
Title
VII
-
Construction, Reconstruction and Renovation of Academic Facilities
Revises title VII of HEA, Construction, Reconstruction, and Renovation of Academic Facilities. Revises program purposes to include:
(1) compliance with Federal, State, and local laws requiring removal of barriers to full participation by individuals with disabilities; and
(2) renovation of libraries to promote use of new technologies and preservation of library materials.
Authorizes appropriations for FY 1993 through 1997 to pay obligations incurred prior to 1987 under provisions for loans for construction, reconstruction, and renovation of academic facilities and grants to pay interest on debt, as such provisions were in effect before the effective date of this Act. Makes all entities with continuing obligations incurred under specified provisions of title VII, as these were in effect before the effective date of this Act, subject to requirements of such provisions, with specified exceptions.
Higher Education Facilities Act of 1992 - Establishes a new part A of title VII of HEA, a new grants program for Improvement of Academic and Library Facilities. Sets forth provisions for State allotments, uses of funds, and applications.
Requires eligible institutions of higher education to apply to the State higher education agency for a grant from the State's allotment.
Provides that, if appropriations do not reach a specified level, the Secretary shall make competitive grants to institutions of higher education directly using a national peer review panel.
Requires States, if appropriations reach or exceed the specified level to make such competitive grants to such institutions from the State allotment awarded by formula by the Secretary. Requires the Secretary and the State higher education agency, in awarding such grants, to:
(1) give priority to institutions of higher education that serve large numbers or percentages of minority students; and
(2) ensure equitable participation of both public and private eligible institutions within the State. Sets forth State and institutional matching requirements.
Authorizes appropriations for FY 1993 through 1997 to carry out such new part A grants program.
Establishes a new part B, Historically Black College and University Capital Financing. Authorizes the Secretary to enter into insurance agreements to provide financial insurance to guarantee full payment of principal and interest on qualified bonds to facilitate capital financing for historically Black colleges and universities (eligible institutions).
Requires the Secretary to designate a qualified bonding authority that agrees to assume specified responsibilities, including using bond proceeds to make loans to eligible institutions for capital projects.
Limits the aggregate principal amount of outstanding bonds insured under this part B program together with any accrued unpaid interest thereon.
Limits the specified portions of such aggregate amount which may be used for loans to eligible institutions that are, respectively, private or public.
(Provides, for such purposes, that Lincoln University of Pennsylvania is a public institution.) Sets forth duties and powers of the Secretary under this part B, including procedures for designation of the bonding authority.
Prohibits any institution which receives such a part E loan from also receiving a grant under part A or D of title VII. Establishes, within the Department of Education, the Historically Black College and University Capital Financing Advisory Board. Authorizes appropriations for FY 1993 through 1997 for such Board. Provides for minority business enterprise utilization under this part B program.
Consolidates loan programs under current part C and part F provisions into a new part C, Loans for Construction, Reconstruction, and Renovation of Academic, Housing, and Other Educational Facilities. Sets forth provisions for such Federal assistance in the form of loans, use of funds, and a matching requirement for at least 20 percent of the development cost of the project.
Prohibits making any part C loan for any facility on the campus of any postsecondary education institution until five years after a previous part C loan was made for another facility on such campus (unless the loan is for construction or reconstruction of a facility damaged as a result of a national disaster).
Limits to not more than 12 1/2 percent of part C funds in the form of loans the amount which may be made available to educational institutions within any one State. Directs the Secretary, in awarding part C loans, to give priority to loans for renovation or reconstruction of:
(1) graduate or undergraduate academic facilities; and
(2) older graduate or undergraduate academic facilities that have gone without major renovation or reconstruction for an extended period.
Deletes provisions relating to revolving loan funds.
Authorizes appropriations for part C for FY 1993 through 1997.
Repeals part D (Grants to Pay Interest on Debt), part G (Special Programs), and part J (or I) (Agriculture, Strategic Metals, Minerals, Forestry, and Oceans College and University Research Facilities and Instrumentation Modernization Program). Repeals part F loans program, but consolidates its provisions under the new part C. Replaces the current parts A and B grants programs with the new part A and B programs described above.
Redesignates part E (College Construction Loan Insurance Association) (the Corporation) as part D. Authorizes the Corporation to provide direct insurance to higher rated institutions.
Redesignates part H (General Provisions) as part E. Adds provisions for forgiveness of certain loans to institutions under title VII or the College Housing and Academic Facilities Loan program under specified conditions.
Title
VIII
-
Cooperative Education
Revises title VIII of HEA, Cooperative Education. Extends through FY 1997 the authorization of appropriations for cooperative education programs under title VIII. Reserves 50 percent of such funds for grants for new programs of cooperative education to institutions of higher education (and combinations of such institutions) which have not received such funds for the administration of the cooperative education program for the ten preceding years.
Reserves 25 percent of such funds for grants for established programs of cooperative education to institutions of higher education (and combinations of them) that have received such assistance for at least five fiscal years and meet other specified requirements.
Limits program grants to a maximum of five years.
Decreases the percentage of the reservation for demonstration projects, and increases those for training and resource centers and for research.
Decreases, by specified amounts for each grant year, the Federal share of cooperative education grants.
Adds to design requirements for the functioning of training and resource centers under title VIII the encouragement of model and cooperative education in the fields of science and mathematics for women and minorities who are underrepresented in these fields.
Limits to three percent of such program funds the amount which the Secretary may use to enter into administrative contracts to carry out the program for demonstration and innovation projects, training and resource centers, and research.
Title
IX
-
Graduate Programs
Revises title IX of HEA, Graduate Programs. Directs the Secretary to provide for coordinated administration and regulation of assisted graduate programs to ensure that they are carried out in a manner most compatible with academic practices.
Directs the Secretary to appoint administrative and technical employees with the appropriate educational background to assist in program administration.
Revises and renames part A, Grants to Institutions to Encourage Women and Minority Participation in Graduate Education (currently, Grants to Institutions to Encourage Minority Participation in Graduate Education). Adds provisions for women (as well as for individuals from minority groups underrepresented in graduate education, including the field of science and mathematics) under such part A program.
Adds provisions for information collection under such part A program.
Authorizes appropriations for FY 1993 through 1997 for such part A program.
Revises provisions for part B Patricia Roberts Harris Fellowships for graduate and professional students who demonstrate financial need.
Directs the Secretary to reserve Harris Fellowship funds in specified equal percentages for grants to institutions for doctoral study awards and for masters and professional study awards.
Sets the Harris Fellowship institutional payment at $9,000 (in addition to the award paid to each individual for a Harris Fellowship grant).
Directs the Secretary to adjust the institutional payment annually for inflation.
Provides for individual Harris stipends comparable to those for National Science Foundation Graduate Fellowships. Sets forth separate requirements for Harris fellowship awards and extensions to:
(1) master's or professional degree students; and
(2) doctoral degree students.
Authorizes appropriations for FY 1993 through 1997 for the part B Harris Fellowship program.
Revises the part C Jacob K. Javits Fellowship program for graduate study in the arts, humanities, and social sciences.
Revises provisions for individual stipends (to be comparable with National Science Foundation Graduate Fellowships). Sets the institutional assistance payment at $9,000, to be adjusted annually for inflation.
Authorizes appropriations for FY 1993 through 1997 for the part C Javits Fellowship program.
Revises part D provisions for Graduate Assistance in Areas of National Need. Increases the maximum annual amount of such a grant to any academic department or program.
Requires the grant application to provide assurances that the academic department or program will provide at least one year of supervised training in instruction for students.
Provides for institutional commitments to provide stipends to complete graduate study to include students pursuing a doctoral degree after having completed a master's degree program.
Provides for individual stipends comparable to National Science Foundation Graduate Fellowships. Provides for an added institutional assistance payment of $9,000, to be adjusted for inflation.
Authorizes appropriations for FY 1993 through 1997 for such part C program.
Establishes, as a new part E of title IX, a Faculty Development Fellowship Program. Directs the Secretary to make grants to institutions of higher education or to consortia of such institutions and nonprofit organizations associated with such institutions, with a demonstrated record of enhancing the access of individuals from underrepresented groups, including African Americans, Asian Americans, Hispanic Americans, Native Americans, Native Hawaiians, and Pacific Islanders. Provides that such grants shall enable such institutions to:
(1) identify talented candidates for and recipients of baccalaureate degrees and faculty who wish to enter or continue in the higher education professorate; and
(2) provide such students and faculty with stipends and fellowships to assist them in obtaining a doctoral degree and returning to an institution of higher education to teach.
Designate such fellowships as the Faculty Development Fellowships. Requires equitable distribution of:
(1) such grants by the Secretary geographically and with fair representation of public and private institutions; and
(2) such fellowships by institutions among underrepresented groups.
States that such equitable distribution requirements are not to be interpreted as requiring an institution or consortium to grant preferences or disparate treatment to members of one group based on a comparison of group numbers or percentages participating in the program in comparison to group numbers or percentages in any community, State, section, or other area.
Directs the Secretary to give priority to such grant applications from programs that:
(1) provide a tuition waiver and stipend to each fellowship recipient;
(2) provide additional financial support to each recipient from non-Federal resources;
(3) emphasize courses of study leading to a doctorate in disciplines in which faculty from underrepresented groups are underrepresented; and
(4) describe steps to ensure that a fellowship recipient will teach at an institution of higher education where minority undergraduate students are likely to benefit from the recipient's educational experience and academic achievements.
Requires such fellowships to equal the lesser of the recipient's financial need or the amount of a National Science Foundation graduate fellowship.
Sets forth grant application requirements for institutions or consortia.
Sets forth agreement requirements for such fellowship recipients.
Requires an agreement to teach for at least two years, within five years after completing the doctorate, at a public or private nonprofit institution of higher education, by all fellowship recipients (or in the case of recipients who are already faculty members, at an institution with a significant minority enrollment).
Requires repayment if the teaching service requirement is not complied with.
Provides for deferral of repayment during certain periods, and forgiveness in cases of permanent total disability.
Authorizes appropriations for FY 1993 through 1997 for such part E Faculty Development Fellowship Program. Revises, and redesignates as part F, part E provisions for Assistance for Training in the Legal Profession. Requires such assistance to be for minority, low-income, or educationally disadvantaged college graduates to successfully pursue a law degree and service in the legal profession.
Requires such assistance to be through an annual grant or contract with the Council on Legal Education Opportunity (CLEO). Sets forth authorized services for part F legal training projects.
Requires the Secretary, by grant or contract on a biennial basis, with CLEO, to cover all or part of costs of specified activities.
Authorizes appropriations for FY 1993 through 1997 for such part F Assistance for Training in the Legal Profession. Revises, and redesignates as part G, part F provisions for Law School Clinical Experience Programs. Authorizes grant use to cover costs of continuing (as well as establishing or expanding) such programs.
Increases the maximum amount any law school may receive under part G in any fiscal year (from $100,000 to $250,000).
Authorizes appropriations for FY 1993 through 1997 for such part G Law School Clinical Experience Programs.
Title
X
-
Postsecondary Improvement Program
Revises title X of HEA, Postsecondary Improvement Program. Authorizes the Secretary to make planning grants to institutions of higher education for the development and testing of innovative techniques in postsecondary education.
Authorizes appropriations for FY 1993 through 1997 for such planning grants.
Extends through FY 1997 the authorization of appropriations for HEA title X part A, Fund for the Improvement of Postsecondary Education (the Fund) subpart A, Project Authority (to which such planning grant provisions are added).
Establishes a new subpart 2 of part A, Special Projects in Areas of National Need. Authorizes the Director of the Fund to make grants to institutions of higher education, consortia thereof, and other public agencies and nonprofit institutions for innovative projects concerning one or more areas of particular national need in postsecondary education identified by the Director of the Fund. Sets forth application requirements.
Requires areas of national need to initially include, but not be limited to:
(1) international exchanges;
(2) campus climate and culture; and
(3) evaluation and dissemination.
Authorizes appropriations for FY 1993 through 1997 for such grants.
Extends through FY 1997 the authorization of appropriations for part B, Minority Science and Engineering Improvement Programs. Retains the current division of such funds as follows:
(1) 50 percent for the Minority Science Improvement Program;
(2) 33 1/3 percent for Science and Engineering Access Programs; and
(3) 16 2/3 percent for the Special Services Projects program.
Provides for special emphasis on minority women under such programs.
Requires a multiagency study of minority science programs to be reported to the President and the Congress by January 1, 1996.
Adds consultation to requirements for cross-program and cross-agency cooperation in such programs.
Repeals provisions for an Advisory Board for the Minority Science and Engineering Improvement Programs. Establishes a new part C of title X of HEA, the Women and Minorities Science and Engineering Outreach Demonstration Program. Directs the Secretary to make grants to institutions of higher education for programs and initiatives to identify and encourage female and minority elementary and secondary students to pursue higher education in preparation for careers in science and engineering.
Sets forth requirements for eligibility of institutions, including:
(1) significantly higher than average female and minority enrollment;
(2) use of advanced telecommunications equipment; and
(3) partnership agreement with LEAs and local businesses or industries.
Requires that at least 40 percent of total grant funds be awarded to eligible institutions in the Nation's ten largest metropolitan statistical areas, where minority elementary and secondary school students populations exceed the national average.
Requires that each grant be at least $500,000 in a single fiscal year, and continued for not more than five fiscal years.
Sets forth authorized uses of funds, and application, evaluation, and reporting requirements.
Requires the Secretary to report on the program to the Congress by September 30, 1997.
Sets the Federal share of program costs at 90 percent in the first year, to be reduced by ten percent in each subsequent year, down to 50 percent in the fifth year.
Requires supplementation, not supplanting, of other funds.
Authorizes appropriations for FY 1993 through 1997 for such program (with no more than three percent of such funds to be used for evaluations).
Establishes a new part D of title X of HEA, the Dwight D. Eisenhower Leadership Program, as follows.
Dwight D. Eisenhower Leadership Development Act of 1992 - Directs the Secretary to establish the Dwight D. Eisenhower Leadership Development Program, in conjunction with institutions of higher education which are specially prepared to undertake the development of new generations of leaders in national and international affairs.
Sets forth functions of the program.
Provides for program operation by institutions of higher education or private nonprofit organizations in consortia with such institutions.
Authorizes appropriations for such program for FY 1993 through 1997.
Title
XI
-
Community Service Programs
Establishes a new title XI of HEA, Community Service Programs, which consolidate current and new HEA community service programs (current title XV is Partnerships for Economic Development and Urban Community Service). Establishes a part A Urban Community Service program to provide incentives to urban institutions to devise and implement solutions to pressing and severe problems in their communities.
Requires applications for such urban community service program grants to include documentation of the formation of a consortium that includes, in addition to the eligible urban institution of higher education, one or more of the following entities:
(1) an urban school system;
(2) a local government;
(3) a business or other employer; and
(4) a nonprofit institution.
Allows the Secretary to waive such consortium requirements for applicants with an appropriate integrated and coordinated plan.
Gives priority to applications that propose to conduct joint projects supported by other local, State, and Federal programs.
Requires grant funds to be used for planning, applied research, technical training, resource exchanges, technology transfers, delivery of services, or other activities to design and implement programs to assist urban communities to meet and address their most pressing problems.
Includes the following problem areas among those for which such activities are authorized:
(1) work force preparation;
(2) urban poverty and its alleviation;
(3) health care, including delivery and access;
(4) under-performing school systems and students;
(5) problems faced by the elderly in urban settings;
(6) problems faced by families and children;
(7) crime prevention and alternative interventions;
(8) urban housing;
(9) urban infrastructure;
(10) economic development;
(11) urban environmental concerns;
(12) other problem areas which the participants agree are of high priority for that urban area; and
(13) problems faced by individuals with disabilities regarding accessibility to institutions of higher education and other public and private community facilities (as well as the need to ameliorate existing attitudinal barriers that prevent full inclusion of such individuals within their community).
Provides for:
(1) peer review panels for title IX grant applications; and
(2) multiyear disbursement of grant funds, under specified conditions.
Authorizes appropriations for FY 1993 through 1997 for such Urban Community Service program.
Sets forth, as subpart 1 of part B of title XI, provisions for Innovative Projects for Community Service (currently similar provisions are under part C of title X). Extends through FY 1997 the authorization of appropriations for such projects.
Establishes, as subpart 2 of part B of title XI, Student Literacy Corps and Student Mentoring Corps (the current part D of title I of HEA provides for a Student Literacy Corps). Authorizes the Secretary to make grants to institutions of higher education for up to four years to carry out literacy corps programs and/or mentoring corps programs in public community agencies in the communities in which the institutions are located.
Sets forth authorized uses of, and limitations on, such grant funds.
Sets forth application requirements for such programs.
Sets forth provisions for:
(1) technical assistance and coordination arrangements;
(2) renewal of grants;
(3) Federal share; and
(4) limitations.
Authorizes appropriations for FY 1993 through 1997 for such programs.
Title
XII
-
General Provisions and Demonstration Programs
Revises title XII of HEA to rename it General Provisions and Demonstration Programs (currently General Provisions). Revises HEA definitions, including that of institution of higher education, and adds definitions with cross-reference to other laws.
Adds definitions of disability, service learning, and State higher education agency.
Revises antidiscrimination provisions to declare that nothing in HEA shall be construed to limit any individual's rights or responsibilities under the Americans with Disabilities Act of 1990, the Rehabilitation Act of 1973, or any other law.
Establishes in the Department of Education a Committee on Institutional Quality and Integrity. Directs the Committee to report annually to the Secretary and the Congress. Extends until September 30, 1998, the termination date for the National Advisory Committee on Accreditation and Institutional Eligibility, subject to specified provisions of the General Education Provisions Act. Adds requirements for institutional disclosures of foreign gifts.
Requires such disclosure reports to be made to the Secretary and to be open to public inspection.
Provides for court orders to enforce such disclosure requirements.
Title
XIII
-
Indian Higher Education Programs
Part
A
-
Tribally Controlled Community Colleges
Amends the Tribally Controlled Community College Assistance Act of 1978 to extend through FY 1997 the authorization of appropriations for:
(1) technical assistance contracts;
(2) grants to tribally controlled community colleges;
(3) a renovation program;
(4) construction of new facilities;
(5) the tribally controlled community college endowment program grants; and
(6) an economic development program.
Amends the Navajo Community College Act to extend the authorization of appropriations from FY 1993 through 1997 for construction grants.
Part
B
-
Higher Education Tribal Grant Authorization Act
Higher Education Tribal Grant Authorization Act - Directs the Secretary of the Interior (the Secretary, for purposes of this part B of title XIII) to make grants to Indian tribes (tribes) to permit them to provide financial assistance to individual Indian students for the cost of attendance at institutions of higher education.
Provides that such grants shall come from appropriations for supporting higher education grants for Indian students under the authority of the Snyder Act. Prohibits the Secretary from placing any restrictions not expressly authorized by this part on the use of funds provided to an Indian tribe under this part.
Provides that this Act shall not affect any Federal trust responsibilities.
Prohibits any termination, modification, suspension, or reduction of grants under this part which is only for the convenience of the administering agency.
Allows any tribe to qualify for such a grant by filing:
(1) a notice of intent to administer such a student assistance program, if such tribe obtains funds for educational purposes similar to those authorized in this part pursuant to a contract under the Indian Self-Determination and Education Assistance Act (ISDEAA) (contracting tribe); or
(2) an application for such a grant, if the tribe does not have such an ISDEAA contract (noncontracting tribe), under guidelines for programs under ISDEAA. Presumes an Indian tribe which has qualified for such a grant to continue to be eligible for such a grant for each succeeding fiscal year, unless the Secretary revokes such eligibility for a specified cause, involving failure to submit annual financial statements and program descriptions to the Bureau of Indian Affairs (BIA) or biennial financial audits to the Secretary, or independently evaluated failure to comply with standards relating to eligible students, programs, or institutions of higher education, satisfactory progress, or allowable administrative costs, as determined under ISDEAA contracts.
Sets forth procedural safeguards relating to such revocations, including written notice, opportunity and technical assistance to make corrections, and hearing and appeals applicable under ISDEAA. Directs the Secretary to continue to determine the amount of program funds to be received by each grantee under this part by the same method used for determining such distribution in FY 1991 for tribally-administered and BIA-administered programs of grants to individual Indians to defray postsecondary expenses.
Provides for additional amounts to cover program administrative costs, determined for:
(1) contracting tribes, by the method used by the grantee during the preceding ISDEAA contract period; and
(2) noncontracting tribes, by the ISDEAA regulations governing such determinations, as in effect at the time of the grant application.
Provides for a single grant to each grantee during any fiscal year, combining such program and administrative funds.
Requires the grant to be maintained in a separate account.
Requires the tribes to use such grants to make grants to individual Indian students to meet, on the basis of need, any educational expense of attendance in a postsecondary education program (as determined under ISDEAA contracts), to the extent such expense is not met through other sources or cannot be defrayed through the action of any State, Federal, or municipal Act (except that nothing in these provisions is to be interpreted as requiring any priority in consideration of resources).
Allows use of such grants also for program administrative costs, within the specified limits.
Bars use of grant funds for study at a divinity school or department or for any religious worship or sectarian activity.
Sets forth provisions for grant payments.
Requires that interest or any other income on grant funds:
(1) be used only for the same purposes as the grants;
(2) be the property of the tribe or tribal organization; and
(3) not be taken into account by Federal officers or employees in determining whether to provide assistance, or the amount of assistance, under any Federal law.
Sets forth requirements relating to investments and deposits of such funds.
Provides that such funds shall not be considered for purposes of underrecovery or overrecovery determinations by any Federal agency for any other funds.
Directs the Secretary to report biennially to the Congress on the programs established under this part, including specified items.
Requires that:
(1) grant applications, and application modifications, be reviewed and approved by personnel under the direction and control of the Director of the Office of Indian Education Programs; and
(2) required reports be submitted to such personnel.
Requires that specified provisions of the ISDEAA be applicable to grants provided under this Act. Authorizes the Secretary to issue regulations relating to discharge of duties specifically assigned to the Secretary by this part.
Prohibits the Secretary from issuing regulations in all other matters relating to the details of planning, development, implementation, and evaluation of grants under this part.
Provides that regulations issued under these provisions shall not have the standing of a Federal statute for purposes of judicial review.
Sets forth procedures for retrocession of programs assisted under this part.
Makes any such retrocession requested by a tribe effective on a date specified by the Secretary not more than 120 days after such request, or such later date as may be mutually agreed upon by the Secretary and the tribe.
Requires the Secretary, if such program is retroceded, to provide any tribe served by such program at least the same quantity and quality of services.
Requires the tribal governing body requesting the retrocession to specify whether the retrocession shall be to:
(1) a contract administered by the tribe, or a tribal entity, under the authority of the ISDEAA; or
(2) a BIA-administered program.
Part
C
-
Critical Needs for Tribal Development Act
Critical Needs for Tribal Development Act - Authorizes an eligible Indian tribe or tribal organization to require any applicant for federally funded higher education assistance to enter into a critical area service agreement, as a condition of receipt of such assistance.
Requires such tribe or tribal organization that implements such critical area service agreements to designate particular occupational areas as critical areas for the economic or human development needs of the tribe or its members, and to notify the Secretary of the Interior in writing of such designated critical areas.
Establishes guidelines and procedures to implement such critical area service agreements.
Part
D
-
Institute of American Indian Native Culture and Arts Development
Amends the American Indian, Alaska Native, and Native Hawaiian Culture and Art Development Act (the Act for purposes of this part) to revise provisions relating to the Institute of American Indian Native Culture and Arts Development (the Institute) and its Board of Directors (the Board). Requires that Board members represent diverse fields of expertise, including finance, law, and fine arts higher education administration.
Directs the President to carry out through the Board the publication of announcements of expiration of terms and the solicitation of nominations from Indian tribes and organizations to fill vacancies.
Authorizes the Board to:
(1) make recommendations based on nominations received;
(2) make recommendations of its own; and
(3) review and make comments on individuals being considered by the President for whom no nominations have been received.
Grants the Board the power to recommend the continuation of Board members, in order to maintain stability and continuation, in accordance with specified procedures.
Revises general powers of the Board. Authorizes the Board to:
(1) enter into joint development ventures with public or private commercial or noncommercial entities for development of facilities to meet a specified required plan (provided that such ventures are related to and further the Institute's mission); and
(2) designate annually a portion (up to ten percent) of specified appropriated funds for investment on a short-term basis to maximize yield and liquidity.
Requires that interest and earnings on specified amounts received and invested by the Institute be expended to carry out the Act. Revises provisions for basic compensation rates for Institute staff to require these to be set at rates comparable to those of similar institutions of higher education (or, as at present, at civil service rates for individuals with comparable qualifications).
Revises Institute functions to eliminate certain requirements relating to a Center for Culture and Art Studies, Center for Research and Cultural Exchange, and Museum of American Indian and Alaska Native Arts. Makes the Board responsible for establishing the policies and administrative organization relating to the administrative organization relating to the administrative control and monitoring responsibilities for all Institute subdivisions, administrative entities, and departments, with the specific responsibilities of each to lie solely within the discretion of the Board or its designee.
Requires the Board to establish, within the Institute, departments for the study of culture and arts and for research and exchange, and a museum.
Directs the Board to establish areas of competency for such departments.
Authorizes the Institute to develop a policy or policies to extend preference to Indians in its program admissions and enrollment, employment, and contracts, fellowships, and grants.
(Currently authorizes the Institute to simply extend such preference.) Revises provisions relating to transfer of functions, including certain provisions for forgiveness of amounts owed and hold harmless provisions.
Eliminates requirements for an annual report by the Institute President. Revises provisions relating to the Institute's headquarters to refer to the Board, rather than the Secretary of the Interior. Provides that the Institute shall not be subject to any requirement for non-Federal matching funds as a condition for Federal assistance.
Revises provisions for the Institute's endowment program.
Allows the Institute to use funds from any non-Federal governmental source (as well as from any private or tribal source) to comply with a contribution requirement.
Directs the Board to prepare a master plan on the short- and long-term facilities needs of the Institute, including specified types of evaluations, impact projections, periodic reviews, and needs prioritization.
Requires transmittal of such plan to the Congress within 18 months after enactment of this part.
Part
E
-
Tribal Development Student Assistance Revolving Loan Program
Tribal Development Student Assistance Act - Establishes a student assistance revolving loan program for Native Americans, to be administered by tribes or tribal organizations.
Requires that funds received under a grant under this part or recovered under specified provisions of this part be identified and accounted for separately from any other tribal or Federal funds received from the Federal Government. Requires that all funds in such account be used for the purposes of this Act. Makes the Secretary of the Interior (the Secretary, for purposes of this part) responsible for establishing requirements for receipt, investment, and accounting of such funds to safeguard any financial interests of the Federal Government. Requires such funds to be:
(1) invested by the tribe or tribal organization only in obligations of the United States or in obligations or securities guaranteed or insured by the United States; or
(2) deposited only in accounts that are insured by an agency or instrumentality of the United States. Provides that any interest or investment income that accrues to any of such funds after they have been distributed to a tribe or tribal organization to make loans under this part shall be:
(1) the property of the tribe or tribal organization; and
(2) not taken into account by any Federal officer or employee in determining whether to provide assistance, or the amount of assistance, under any provision of Federal law.
Directs the Secretary to make grants under this part to:
(1) tribes or multitribal organizations not serviced by current federally funded postsecondary institutions authorized for economic development grants; and
(2) tribes or multitribal organizations which lack sufficient numbers of professionally trained tribal members to support established or ongoing economic development activities.
Requires any tribe or tribal organization which receives such grant funds to make such funds available by loan to Native American students who have successfully completed 30 hours of postsecondary education and who are eligible for readmission to a postsecondary institution.
Sets forth terms of such student loans, including:
(1) being subject to repayment over a period of not more than five years;
(2) not bearing interest; and
(3) being subject to forgiveness for services to the tribe under specified provisions.
Requires that calculation of the student's cost of attendance include all costs as determined by the tribe for purposes of fulfilling the policy of this part.
Requires any student seeking such a loan to apply for and accept the maximum financial aid available from other sources.
Prohibits such loans from being considered in needs analysis under any other Federal law, and from penalizing students in determining eligibility for other funds.
Sets forth requirements for a written agreement between the tribe or tribal organization and the eligible recipient for service fulfillment or loan repayment.
Requires the recipient to commit to:
(1) perform, for each academic year of assistance under this part, one calendar year of service to the tribe or tribal organization in an occupation related to the course of study pursued and an economic or social tribal development plan (commencing not later than six months after the student ceases to carry at least one-half the normal full-time academic workload); or
(2) repay to the tribe or tribal organization the full amount of the loan, in monthly or quarterly installments within five years (with such recovered funds to be reported annually to the Secretary and invested in the account).
Sets forth provisions for:
(1) limitations and conditions on such service;
(2) waivers or suspensions of such service agreements;
(3) pro rata reductions for partial service; and
(4) annual certification of individuals' service by the tribe to the Secretary. Directs the Secretary to:
(1) establish an application process for making grants to eligible entities;
(2) take into account in reviewing applications the number of students with partial completion identified by the applicant, relative to the total number of tribal members who would be benefitted by the provision of services; and
(3) attempt to achieve geographic and demographic diversity in such grants.
Directs the Secretary, subject to the availability of funds and acceptable applications, to make five four-year grants to tribes or tribal organizations.
Requires that the amount of administrative costs associated with such grants be negotiated by the Secretary with successful applicants and made a part of the grant agreement.
Authorizes appropriations for this part E for FY 1993 through 1997.
Part
F
-
American Indian Postsecondary Economic Development Scholarship
Establishes the American Indian Postsecondary Economic Development Scholarship program (scholarships, for purposes of this part).
Authorizes the Secretary, through the Office of Indian Education, to make grants to federally recognized Indian tribes which lack sufficient numbers of professionally trained tribal members to support established or ongoing economic development initiatives.
Gives priority to tribes which are not served by federally funded postsecondary institutions.
Requires tribes to use such grants to make scholarships to tribal members to pursue undergraduate or graduate degrees in order to provide such professional trained tribal members to support economic development initiatives on Indian reservations.
Sets forth scholarship selection criteria and conditions.
Requires either one year of post-degree service on an Indian reservation for each year of such scholarship assistance; or repayment of the scholarship (but with specified waivers and suspensions of the service agreement).
Sets forth application and reporting requirements.
Authorizes appropriations for FY 1993 through 1997 for such part F program.
Part
G
-
American Indian Teacher Training
Establishes the American Indian Teacher Training program.
Authorizes the Secretary, through the Office of Indian Education (the Office), to award:
(1) institutional training program grants to tribally controlled postsecondary, vocational, and technical institutions to develop American Indian teacher training programs; and
(2) student support grants to institutions that have developed such teacher training programs, to provide financial and programmatic support to American Indian students seeking to participate in such institutions' teacher training programs.
Requires students who receive such support grant aid to serve as teachers in an Indian community for one year for each year of scholarship support received (or repay that portion of the aid not worked off).
Includes among students eligible to receive support grants those who have completed at least 30 hours of postsecondary education.
Authorizes the Secretary, through the Office, to provide scholarship assistance to American Indian students who seek to become teachers and who meet the same teacher service work or repayment requirements and the same eligibility requirements described above with respect to student support grants.
Authorizes appropriations for FY 1993 through 1997 to carry out such part F programs.
Title
XIV
-
Studies and Commissions
Part
A
-
Studies by the Department of Education
Requires the Secretary to review the role of guaranty agencies within the Federal Family Education Loan Program (part B of title IV of HEA) by examining their administrative and financial operations and relationships with State governments.
Requires the Secretary to report to the Congress, within one year, on such review study, considering and making recommendations on specified topics, including increasing agency oversight of proprietary trade schools, increasing disincentives for high default rate portfolios, consolidation or elimination of the agencies' role, and compensation of agency officers and staffs.
Directs the Secretary to report, within 180 days, on the advisability of statutory protection for officials of accrediting agencies involved in the performance of legitimate Federal Family Education Loan Program activities.
Requires a satisfactory progress study.
Directs the Secretary to study the impact of fraud-based defenses on the Federal Family Education Loan Program. Sets forth various types of analyses, estimates, and evaluations which such study must include.
Sets deadlines for completion of such study (18 months) and for a report (19 months) to the Congress. Directs the Secretary to conduct, through the Office of Educational Research and Improvement (OERI), a two-year study of programs to increase the accessibility of postsecondary education for nontraditional students.
Requires an interim and final report on such study to specified congressional committees.
Directs the Secretary to conduct a study to evaluate the coordination of Federal student assistance programs with other benefit programs funded in whole or part with Federal funds.
Requires particular attention to:
(1) the effect of receipt of student aid on reduction or denial of other program benefits to such students; and
(2) the attendance cost elements funded in whole or part by Federal student assistance programs for students eligible for other Federal programs, and the inclusion of room and/or board costs in such attendance costs.
Requires a report on such study to appropriate congressional committees within three years.
Directs the Secretary, through the National Center for Educational Statistics (NCES), to conduct an annual special purpose survey of factors associated with participation of low-income, disadvantaged, non-English language backgrounds, disabled, and minority students in various types of postsecondary education.
Requires such survey data to permit comparisons with other groups that have characteristically participated at higher rates than at-risk students.
Requires consultation with the Congress and the elementary, secondary, and higher education community in developing such annual survey.
Sets forth required inclusions in such survey.
Requires the Secretary, in the event of significant findings related to underparticipation rates of at-risk and other students, to submit a plan containing policies and program modifications for ensuring the participation of at-risk students.
Directs the Secretary, through the National Center for Education Statistics (NCES), to make an interagency agreement with the National Science Foundation to provide for supplemental questions relating to education to support an existing panel study of income dynamics to include information on the educational and other developmental behavior of Hispanic, black, and non-Hispanic white children.
Authorizes appropriations for FY 1993 through 1997 for this activity.
Directs the Secretary, through OERI, to evaluate the effectiveness of postsecondary assistance guaranty programs for disadvantage children that, in exchange for the child's commitment to achieving a satisfactory elementary and secondary education, promise the child the financial resources needed to pursue a postsecondary education.
Requires such study to sample the types of such guarantee programs available, which may include supportive services, mentoring, study skills, and counseling for student participants.
Requires dissemination of study findings.
Requires an interim and a final report to specified congressional committees.
Directs the Secretary to conduct a two-year study to:
(1) assess information currently collected on graduate education; and
(2) identify what additional information should be generated to guide the Department of Education in supporting graduate education.
Requires inclusion of specified assessments and determinations.
Requires consultation with other agencies and organizations involved in graduate education policies and programs.
Authorizes the Secretary, in cooperation with the Administrator of the Environmental Protection Agency (EPA), to conduct a study of environmental health hazards (lead in drinking water, asbestos, radon gas) to students and employees of institutions of higher education.
Requires such study to include a representative sample of such institutions to assess how widespread such hazard are.
Requires consultation with associations representing such institutions, faculty, and other employees.
Requires a report to the Congress by July 1, 1995, with the results of such study assessment and recommendations for actions the Congress and the Administration should take to eliminate any such environmental health hazards.
Authorizes appropriations for FY 1994 to carry out such assessment.
Directs the Secretary to enter into arrangements with the National Academy of Sciences Commission on Behavioral and Social Sciences and Education to study civilian education training programs needed to satisfy the workforce requirements of the commercial aviation industry in the year 2000 and beyond.
Requires inclusion of specified concerns to be addressed by such study.
Directs the Secretary to request such Commission to submit an interim report within one year to the Secretary and the Congress. Requires the study to be completed within two years of the enactment of this Act. Directs the Secretary to submit to the Congress a report on the use of Pell Grants by prisoners, including specified types of information, within six months after enactment of this Act. Authorizes the Secretary to conduct a study of the feasibility of establishing:
(1) a clearinghouse to operate a national teacher job bank; or
(2) regional clearinghouses to operate regional teacher job banks.
Authorizes the Secretary, in order to provide for a national teacher job bank demonstration, to contract with one or more State entities, nonprofit organizations, or institutions of higher education to establish a national or regional teacher job bank clearinghouse.
Sets forth clearinghouse functions, contract application requirements, selection priorities, and authorized uses of funds.
Authorizes appropriations for FY 1993 through 1997 for such teacher job bank study and demonstration.
Part
B
-
National Commission on Independent Higher Education
National Independent Colleges and Universities Discovery Act - Adds a new part J, National Commission on Independent Education, to title XIII of HEA. Establishes the National Commission on Independent Higher Education, as an independent agency in the executive branch.
Sets forth provisions for Commission membership, report and recommendations, powers, and personnel matters.
Requires the Commission to:
(1) develop a factual base for understanding the status of independent colleges and universities (independents), their contributions to public priorities, and the effects of national higher education policies on the independent nonprofit sector;
(2) review the issuance of Federal regulations regarding independents, and suggest means for their accountability for use of public resources without inappropriate intrusion into their autonomy; and
(3) address the relation between Federal and State policies on independents, particularly with respect to student access and choice, finance, institutional subsidies, and institutional accountability.
Terminates the Commission three years after the enactment of this Act.
Part
C
-
National Commission on the Cost of Higher Education
Establishes the National Commission on the Cost of Higher Education. Sets forth provisions for Commission membership, functions, powers, and expenses.
Requires the Commission to submit an interim report within 18 months and a final report within three years to the President and the Congress. Requires a majority vote of its members for Commission adoption of recommendations for administrative and legislative actions to be contained in such report.
Authorizes appropriations.
Terminates the Commission three years after enactment of this Act.
Title
XV
-
Related Programs and Amendments to Other Laws
Part
A
-
National Center for the Workplace
Authorizes the Secretary of Labor, through a competitive grant or contract to an eligible consortium, to establish the National Center for the Workplace, to join together workplace experts from institutions of higher education with experts from the public and private sectors to conduct research, share information, and propose remedies.
Allows such funds to be used to:
(1) establish and operate such Center and carry out specified authorized activities; and
(2) provide graduate assistantships and fellowships at the Center for study in employment policy and for research in areas critical to national competitiveness.
Provides for appointment of a Board of Advisors to the Center. Authorizes receipt of gifts and donations, to be accounted for in the annual report of the Board to the Secretaries of Education and Labor. Authorizes appropriations for FY 1993 through 1997 for such Center.
Part
B
-
National Clearinghouse for Postsecondary Education Materials
Authorizes the Secretary to award a three-year grant or contract to establish a National Clearinghouse for Postsecondary Education Materials in accessible form, including audio and digital for students with disabilities. Sets forth authorized uses of such grant or contract funds. Sets forth a declining Federal share of program cost for each year of the award. Authorizes appropriations for FY 1993 through 1995 for such clearinghouse.
Part
C
-
School-Based Decisionmakers
Authorizes the Secretary to provide for demonstration programs for training and technical assistance for school-based decisionmakers in LEAs implementing system-wide reform, by making grants to LEAs in consortia with one or more institutions of higher education. Sets forth application requirements for such demonstration program grants. Authorizes appropriations for such program for FY 1993 through 1995.
Part
D
-
Grants for Sexual Offenses Education
Authorizes the Secretary to make grants to and contract with institutions of higher education or consortia of such institutions, on a competitive basis, for programs of sexual offenses education and prevention.
Sets forth various authorized uses of such funds.
Requires that at least 25 percent of program funds be available for grants for model demonstration programs, to be coordinated with local rape crisis centers, for:
(1) development and implementation of quality rape prevention and education curricula; and
(2) local programs to provide services to student sexual offense victims.
Requires, under conditions for institutional eligibility for such grants, written policies that:
(1) prohibit all forms of sexual offenses; and
(2) require disclosure to the victim of any sexual offense the outcome of any campus police investigation or campus disciplinary proceedings brought pursuant to the victim's complaint against the alleged perpetrator.
Gives priority to grant applicants who do not have an established campus education program regarding sexual offenses.
Sets forth requirements for applications and grantee performance reports.
Directs the Secretary to:
(1) promulgate regulations for such program; and
(2) report on such program to congressional committees responsible for issues relating to higher education and crime.
Authorizes appropriations for FY 1993 through 1997 for such grants for sexual offenses education and prevention programs.
Part
E
-
Olympic Scholarships
Establishes a program of Olympic Scholarships. Authorizes the Secretary to provide financial assistance to the U.S. Olympic Education Center or the U.S. Olympic Training Center to enable such centers to provide financial assistance (based on financial need under HEA title IV) to both full-time and part-time students who are athletes training at such centers. Sets forth application requirements. Authorizes appropriations for FY 1993 through 1997 for such program.
Part
F
-
Need-Based Aid
Provides that nothing under this part shall be construed to affect any antitrust litigation pending on the enactment date of this Act. Authorizes institutions of higher education to:
(1) voluntarily agree with any other such institution to award financial aid not awarded under HEA to students attending those institutions only on the basis of demonstrated financial need; and
(2) discuss and voluntarily adopt defined principles of professional judgment for determining student financial need for aid not awarded under HEA. Prohibits institutions of higher education from discussing or agreeing with each other on the prospective financial aid award to a specified common applicant for financial aid.
Provides that no inference of unlawful contract, combination, or conspiracy shall be drawn from the fact that institutions of higher education engage in conduct authorized under this part.
Provides that this part, and the authority it confers to award need-based aid, shall expire on September 30, 1994.
Part
G
-
Advanced Placement Fee Payment Program
Establishes an advanced placement fee payment program.
Authorizes the Secretary to make grants to States to reimburse individuals for part or all of the cost of advanced placement test fees for low-income individuals who are enrolled in an advanced placement class and plan to take an advanced placement test.
Requires the State education agency to disseminate information on the availability of test fee payments under such program to eligible individuals through secondary school teachers and guidance counselors.
Authorizes appropriations for such program for FY 1993 through 1997.
Part
H
-
Amendments to Other Laws
Amends the Higher Education Technical Amendments of 1991 (Public Law 102-26) to remove a time limitation on the applicability of the elimination of the statute of limitations for student loan collections.
Amends the General Education Provisions Act to revise provisions relating to access to data provided by the National Center for Education Statistics. Provides that nothing in specified provisions relating to confidentiality and other standards for access to such data shall restrict the right of the Librarian of Congress (as well as, currently, the Comptroller General) to gain access to any reports or other records, including information identifying individuals, in such Center's possession, except that the same restrictions on disclosure that apply to the Center shall apply to the Library of Congress (as well as, currently, the General Accounting Office). Amends the Department of Education Organization Act to establish a Liaison for Community and Junior Colleges, in the Department of Education, who shall be an officer of the Department appointed by the Secretary. Sets forth the duties of such Liaison. Amends the United States Institute of Peace Act to extend through FY 1997 the authorization of appropriations for the U.S. Institute of Peace. Authorizes the U.S. Institute of Peace, through its Board of Directors, to establish the Spark M. Matsunaga Scholars Program, which shall include the provision of scholarships and educational programs in international peace and conflict management and related fields for outstanding high school students, as well as scholarships to outstanding undergraduate students.
Revises provisions relating to contracts, to private gifts, and contributions.
Amends the General Education Provisions Act to exclude from the definition of education records, under requirements relating to family educational and privacy rights, any records maintained by a law enforcement unit of the educational agency or institution, that were created by that law enforcement unit for the purpose of law enforcement.
Amends the Excellence in Mathematics, Science and Engineering Education Act of 1990 to extend through FY 1997 the authorization of appropriations for the National Science Scholars Program of scholarship awards for postsecondary study in the physical, life, and computer sciences, mathematics, and engineering; and
(2) the National Academy of Science, Space, and Technology (for instruction and preparation of selected individuals for service in a science, mathematics, or engineering related capacity in the employ of the United States or a United States corporation).
Directs the Advisory Board of the National Academy of Science, Space and Technology to:
(1) develop an exam for secondary students testing knowledge in science, mathematics, and engineering, or select an exam from existing national exams;
(2) annually administer such exam; and
(3) annually certify the top ten scorers in each congressional district on such exam.
Amends the National and Community Service Act of 1990 to revise provisions for post-service benefits for participants in national and community service programs under such Act to adjust the value of the higher education voucher benefit to match any increases in the maximum Pell Grant as provided by the annual appropriation.
Repeals a sunset provision under the Omnibus Budget Reconciliation Act of 1990 which would have terminated the Student Loan Default Prevention Initiative Act of 1990 on October 1, 1996 (thus extending such Act indefinitely).
Amends the Public Health Service Act to extend through FY 1996 the authorization of appropriations for special projects for two-year schools.
Part
I
-
Buy America
Expresses the sense of the Congress that a recipient (including a nation, group, or organization) of any form of assistance under HEA should, in expending that assistance, purchase American-made equipment and products. Directs the Secretary to provide each such recipient a notice to that effect.
House Republican Conference Summary
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House Democratic Caucus Summary
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