HIGHER EDUCATION OPPORTUNITY ACT - Congress

PUBLIC LAW 110¨C315¡ªAUG. 14, 2008

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HIGHER EDUCATION OPPORTUNITY ACT

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122 STAT. 3078

PUBLIC LAW 110¨C315¡ªAUG. 14, 2008

Public Law 110¨C315

110th Congress

An Act

Aug. 14, 2008

[H.R. 4137]

Higher Education

Opportunity Act.

20 USC 1001

note.

To amend and extend the Higher Education Act of 1965, and for other purposes.

Be it enacted by the Senate and House of Representatives of

the United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

(a) SHORT TITLE.¡ªThis Act may be cited as the ¡®¡®Higher Education Opportunity Act¡¯¡¯.

(b) TABLE OF CONTENTS.¡ªThe table of contents for this Act

is as follows:

Sec. 1. Short title; table of contents.

Sec. 2. References.

Sec. 3. General effective date.

TITLE I¡ªGENERAL PROVISIONS

Sec. 101. General definition of institution of higher education.

Sec. 102. Definition of institution of higher education for purposes of title IV programs.

Sec. 103. Additional definitions.

Sec. 104. Protection of student speech and association rights.

Sec. 105. Treatment of territories and territorial student assistance.

Sec. 106. National Advisory Committee on Institutional Quality and Integrity.

Sec. 107. Drug and alcohol abuse prevention.

Sec. 108. Prior rights and obligations.

Sec. 109. Diploma mills.

Sec. 110. Improved information concerning the Federal student financial aid

website.

Sec. 111. Transparency in college tuition for consumers.

Sec. 112. Textbook information.

Sec. 113. Database of student information prohibited.

Sec. 114. In-State tuition rates for Armed Forces members, spouses, and dependent

children.

Sec. 115. State higher education information system pilot program.

Sec. 116. State commitment to affordable college education.

Sec. 117. Performance-based organization for the delivery of Federal student financial assistance.

Sec. 118. Procurement flexibility.

Sec. 119. Certification regarding the use of certain Federal funds.

Sec. 120. Institution and lender reporting and disclosure requirements.

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TITLE II¡ªTEACHER QUALITY ENHANCEMENT

Sec. 201. Teacher quality enhancement.

Sec.

Sec.

Sec.

Sec.

Sec.

Sec.

Sec.

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301.

302.

303.

304.

305.

306.

307.

TITLE III¡ªINSTITUTIONAL AID

Program purpose.

Definitions; eligibility.

American Indian tribally controlled colleges and universities.

Alaska Native and Native Hawaiian-serving institutions.

Predominantly Black Institutions.

Native American-serving, nontribal institutions.

Assistance to Asian American and Native American Pacific Islander-serving institutions.

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PUBLIC LAW 110¨C315¡ªAUG. 14, 2008

Sec.

Sec.

Sec.

Sec.

Sec.

Sec.

Sec.

Sec.

Sec.

308.

309.

310.

311.

312.

313.

314.

315.

316.

Sec.

Sec.

Sec.

Sec.

317.

318.

319.

320.

122 STAT. 3079

Part B definitions.

Grants to institutions.

Allotments.

Professional or graduate institutions.

Unexpended funds.

Endowment Challenge Grants.

Historically Black college and university capital financing.

Programs in STEM fields.

Investing in historically Black colleges and universities and other minority-serving institutions.

Technical assistance.

Waiver authority.

Authorization of appropriations.

Technical corrections.

TITLE IV¡ªSTUDENT ASSISTANCE

PART A¡ªGRANTS

TO

STUDENTS

ATTENDANCE

EDUCATION

IN

AT INSTITUTIONS OF

HIGHER

Sec.

Sec.

Sec.

Sec.

Sec.

Sec.

Sec.

Sec.

401.

402.

403.

404.

405.

406.

407.

408.

Federal Pell Grants.

Academic competitiveness grants.

Federal TRIO Programs.

Gaining early awareness and readiness for undergraduate programs.

Academic Achievement Incentive Scholarships.

Federal Supplemental Educational Opportunity Grants.

Leveraging Educational Assistance Partnership program.

Special programs for students whose families are engaged in migrant and

seasonal farmwork.

Robert C. Byrd Honors Scholarship Program.

Child care access means parents in school.

Learning Anytime Anywhere Partnerships.

TEACH Grants.

Sec.

Sec.

Sec.

Sec.

409.

410.

411.

412.

Sec.

Sec.

Sec.

Sec.

Sec.

Sec.

Sec.

Sec.

Sec.

Sec.

Sec.

Sec.

421.

422.

423.

424.

425.

426.

427.

428.

429.

430.

431.

432.

Sec.

Sec.

Sec.

Sec.

Sec.

Sec.

433.

434.

435.

436.

437.

438.

PART B¡ªFEDERAL FAMILY EDUCATION LOAN PROGRAM

Limitations on amounts of loans covered by Federal insurance.

Federal payments to reduce student interest costs.

Voluntary flexible agreements.

Federal PLUS loans.

Federal consolidation loans.

Default reduction program.

Requirements for disbursement of student loans.

Unsubsidized Stafford loan limits.

Loan forgiveness for teachers employed by educational service agencies.

Loan forgiveness for service in areas of national need.

Loan repayment for civil legal assistance attorneys.

Reports to consumer reporting agencies and institutions of higher education.

Legal powers and responsibilities.

Student loan information by eligible lenders.

Consumer education information.

Definitions of eligible institution and eligible lender.

Discharge and cancellation rights in cases of disability.

Conforming amendments for repeal of section 439.

Sec.

Sec.

Sec.

Sec.

Sec.

Sec.

Sec.

441.

442.

443.

444.

445.

446.

447.

PART C¡ªFEDERAL WORK-STUDY PROGRAMS

Authorization of appropriations.

Allowance for books and supplies.

Grants for Federal work-study programs.

Flexible use of funds.

Job location and development programs.

Additional funds for off-campus community service.

Work colleges.

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PART D¡ªFEDERAL DIRECT STUDENT LOAN

Sec. 451. Terms and conditions of loans.

Sec. 452. Funds for administrative expenses.

Sec. 453. Guaranty agency responsibilities and payments; reports and cost estimates.

Sec. 454. Loan cancellation for teachers.

PART E¡ªFEDERAL PERKINS LOANS

Sec. 461. Extension of authority.

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122 STAT. 3080

Sec.

Sec.

Sec.

Sec.

Sec.

PUBLIC LAW 110¨C315¡ªAUG. 14, 2008

462.

463.

464.

465.

466.

Allowance for books and supplies.

Agreements with institutions.

Perkins loan terms and conditions.

Cancellation for public service.

Sense of Congress regarding Federal Perkins loans.

PART F¡ªNEED ANALYSIS

Sec. 471. Cost of attendance.

Sec. 472. Discretion to make adjustments.

Sec. 473. Definitions.

Sec.

Sec.

Sec.

Sec.

Sec.

Sec.

Sec.

Sec.

Sec.

Sec.

Sec.

Sec.

Sec.

Sec.

Sec.

Sec.

Sec.

Sec.

Sec.

Sec.

PART G¡ªGENERAL PROVISIONS RELATING TO STUDENT ASSISTANCE

481. Definitions.

482. Master calendar.

483. Improvements to paper and electronic forms and processes.

484. Model institution financial aid offer form.

485. Student eligibility.

486. Statute of limitations and State court judgments.

487. Readmission requirements for servicemembers.

488. Institutional and financial assistance information for students.

489. National Student Loan Data System.

490. Early awareness of financial aid eligibility.

491. Distance Education Demonstration Programs.

492. Articulation agreements.

493. Program participation agreements.

494. Regulatory relief and improvement.

494A. Transfer of allotments.

494B. Purpose of administrative payments.

494C. Advisory Committee on Student Financial Assistance.

494D. Regional meetings and negotiated rulemaking.

494E. Year 2000 requirements at the Department.

494F. Technical amendment of income-based repayment.

Sec.

Sec.

Sec.

Sec.

495.

496.

497.

498.

PART H¡ªPROGRAM INTEGRITY

Recognition of accrediting agency or association.

Eligibility and certification procedures.

Program review and data.

Review of regulations.

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PART I¡ªCOMPETITIVE LOAN AUCTION PILOT PROGRAM

Sec. 499. Competitive loan auction pilot program evaluation.

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Sec.

Sec.

Sec.

Sec.

Sec.

501.

502.

503.

504.

505.

Sec.

Sec.

Sec.

Sec.

Sec.

Sec.

Sec.

Sec.

Sec.

601.

602.

603.

604.

605.

606.

607.

608.

609.

Sec.

Sec.

Sec.

Sec.

Sec.

Sec.

Sec.

Sec.

Sec.

Sec.

610.

611.

612.

613.

614.

615.

616.

617.

618.

619.

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TITLE V¡ªDEVELOPING INSTITUTIONS

Authorized activities.

Postbaccalaureate opportunities for Hispanic Americans.

Applications.

Cooperative arrangements.

Authorization of appropriations.

TITLE VI¡ªINTERNATIONAL EDUCATION PROGRAMS

Findings; purposes; consultation; survey.

Graduate and Undergraduate Language and Area Centers and Programs.

Language Resource Centers.

Undergraduate International Studies and Foreign Language Programs.

Research; studies.

Technological innovation and cooperation for foreign information access.

Selection of certain grant recipients.

American overseas research centers.

Authorization of appropriations for international and foreign language

studies.

Conforming amendments.

Business and international education programs.

Minority foreign service professional development program.

Institutional development.

Study abroad program.

Advanced degree in international relations.

Internships.

Financial assistance.

Report.

Gifts and donations.

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PUBLIC LAW 110¨C315¡ªAUG. 14, 2008

122 STAT. 3081

Sec. 620. Authorization of appropriations for the Institute for International Public

Policy.

Sec. 621. Definitions.

Sec. 622. New provisions.

TITLE VII¡ªGRADUATE AND POSTSECONDARY IMPROVEMENT PROGRAMS

Sec. 701. Purpose.

Sec. 702. Jacob K. Javits Fellowship program.

Sec. 703. Graduate assistance in areas of national need.

Sec. 704. Thurgood Marshall Legal educational opportunity program.

Sec. 705. Sense of Congress.

Sec. 706. Masters degree programs at historically Black colleges and universities

and Predominantly Black Institutions.

Sec. 707. Fund for the improvement of postsecondary education.

Sec. 708. Repeal of the urban community service program.

Sec. 709. Programs to provide students with disabilities with a quality higher education.

Sec. 710. Subgrants to nonprofit organizations.

TITLE VIII¡ªADDITIONAL PROGRAMS

Sec. 801. Additional programs.

Sec. 802. National Center for Research in Advanced Information and Digital Technologies.

Sec. 803. Establishment of pilot program for course material rental.

TITLE IX¡ªAMENDMENTS TO OTHER LAWS

Sec.

Sec.

Sec.

Sec.

Sec.

Sec.

Sec.

Sec.

Sec.

901.

902.

903.

904.

905.

906.

907.

908.

909.

Sec.

Sec.

Sec.

Sec.

Sec.

910.

911.

912.

913.

914.

PART A¡ªEDUCATION OF THE DEAF ACT OF 1986

Laurent Clerc National Deaf Education Center.

Agreement with Gallaudet University.

Agreement for the National Technical Institute for the Deaf.

Cultural experiences grants.

Audit.

Reports.

Monitoring, evaluation, and reporting.

Liaison for educational programs.

Federal endowment programs for Gallaudet University and the National

Technical Institute for the Deaf.

Oversight and effect of agreements.

International students.

Research priorities.

National study on the education of the deaf.

Authorization of appropriations.

PART B¡ªUNITED STATES INSTITUTE OF PEACE ACT

Sec. 921. United States Institute of Peace Act.

PART C¡ªTHE HIGHER EDUCATION AMENDMENTS OF 1998; THE HIGHER

EDUCATION AMENDMENTS OF 1992

Sec. 931. Repeals.

Sec. 932. Grants to States for workplace and community transition training for incarcerated individuals.

Sec. 933. Underground Railroad Educational and Cultural Program.

Sec. 934. Olympic Scholarships.

Sec. 935. Establishment of a Deputy Assistant Secretary for International and Foreign Language Education.

PART D¡ªTRIBAL COLLEGE AND UNIVERSITIES; NAVAJO HIGHER

EDUCATION

SUBPART 1¡ªTRIBAL COLLEGES AND UNIVERSITIES

Sec. 941. Reauthorization of the Tribally Controlled College or University Assistance Act of 1978.

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SUBPART 2¡ªNAVAJO HIGHER EDUCATION

Sec. 945. Short title.

Sec. 946. Reauthorization of Navajo Community College Act.

PART E¡ªOMNIBUS CRIME CONTROL

Sec. 951. Short title.

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