H.L.C. ..................................................................... (Original Signature of Member) 110TH CONGRESS 1ST SESSION H. R. ll To amend and extend the Higher Education Act of 1965, and for other purposes. IN THE HOUSE OF REPRESENTATIVES Mr. GEORGE MILLER of California (for himself, Mr. HINOJOSA, and [see ATTACCHE LIST of cosponsors]) introduced the following bill; which was referrre to the Committee on lllllllllllllll A BILL To amend and extend the Higher Education Act of 1965, and for other purposes. Be it enacted by the Senate and House of Representa-1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 3 (a) SHORT TITLE.—This Act may be cited as the 4 ‘‘College Opportunity and Affordability Act of 2007’’. 5 (b) TABLE OF CONTENTS.— 6 Sec. 1. Short title; table of contents. Sec. 2. Reference; Effective date. TITLE I—TITLE I AMENDMENTS VerDate 0ct 09 2002 14:19 Nov 09, 2007 Jkt 000000 PO 00000 Frm 00001 Fmt 6652 Sfmt 6211 C:\TEMP\REAUTH~1.XML HOLCPC November 9, 2007 (2:19 p.m.) F:\HEA10\REAUTH\REAUTH_009.XML f:\V10\110907\110907.138.xml (392157|38)381 H.L.C. (2) by striking the period at the end of para-1 graph (2); and 2 (3) by adding at the end the following new 3 paragraph: 4 ‘‘(3) in collecting any obligation arising from a 5 loan made under part E of this title, an institution 6 of higher education that has an agreement with the 7 Secretary pursuant to section 463(a) shall not be 8 subject to a defense raised by any borrower based on 9 a claim of infancy.’’. 10 SEC. 487. INSTITUTIONAL AND FINANCIAL ASSISTANCE IN-11 FORMATION FOR STUDENTS. 12 (a) DISCLOSURE OF POLICIES AND SANCTIONS RE-13 LATED TO COPYRIGHT INFRINGEMENT.—Section 14 485(a)(1) (20 U.S.C. 1092(a)(1)) is amended— 15 (1) by striking ‘‘and’’ at the end of subpara-16 graph (N); 17 (2) by striking the period at the end of sub-18 paragraph (O) and inserting ‘‘: and’’ ; and 19 (3) by adding at the end the following new sub-20 paragraph: 21 ‘‘(P) institutional policies and sanctions re-22 lated to copyright infringement, including— 23 ‘‘(i) an annual disclosure that explic-24 itly informs students that unauthorized 25 VerDate 0ct 09 2002 14:19 Nov 09, 2007 Jkt 000000 PO 00000 Frm 00381 Fmt 6652 Sfmt 6201 C:\TEMP\REAUTH~1.XML HOLCPC November 9, 2007 (2:19 p.m.) F:\HEA10\REAUTH\REAUTH_009.XML f:\V10\110907\110907.138.xml (392157|38)382 H.L.C. distribution of copyrighted material, in-1 cluding unauthorized peer-to-peer file shar-2 ing, may subject the students to civil and 3 criminal liabilities; 4 ‘‘(ii) a summary of the penalties for 5 violation of Federal copyright laws; 6 ‘‘(iii) a description of the institution’s 7 policies with respect to unauthorized peer-8 to-peer file sharing, including disciplinary 9 actions that are taken against students 10 who engage in unauthorized distribution of 11 copyrighted materials using the institu-12 tion’s information technology system; and 13 ‘‘(iv) a description of actions that the 14 institution takes to prevent and detect un-15 authorized distribution of copyrighted ma-16 terial on the institution’s information tech-17 nology system.’’. 18 (b) CRIMINAL OFFENSES REPORTED.—Section 19 485(f)(1) (20 U.S.C. 1092(f)(1)) is amended— 20 (1) in the matter preceding subparagraph (A), 21 by inserting ‘‘, other than a foreign institution of 22 higher education,’’ after ‘‘under this title’’; and 23 (2) in subparagraph (F)— 24 VerDate 0ct 09 2002 14:19 Nov 09, 2007 Jkt 000000 PO 00000 Frm 00382 Fmt 6652 Sfmt 6201 C:\TEMP\REAUTH~1.XML HOLCPC November 9, 2007 (2:19 p.m.) F:\HEA10\REAUTH\REAUTH_009.XML f:\V10\110907\110907.138.xml (392157|38)411 H.L.C. (4) in subsection (k), by striking ‘‘2004’’ and 1 inserting ‘‘2011’’. 2 SEC. 492. NEGOTIATED RULEMAKING. 3 Section 492(b)(1) (20 U.S.C. 1098a(b)(1)) is amend-4 ed by striking ‘‘from individuals nominated by groups de-5 scribed in subsection (a)(1)’’ and inserting ‘‘from individ-6 uals who are nominated by groups described in subsection 7 (a)(1) and who have recognized legitimacy as designated 8 representatives of major stakeholders, sectors, and con-9 stituencies in the higher education community’’. 10 SEC. 493. TECHNICAL AMENDMENT. 11 Section 493C(b)(1) (20 U.S.C. 1098e(b)(1)) is 12 amended by striking ‘‘or is already in default’’. 13 SEC. 494. CAMPUS-BASED DIGITAL THEFT PREVENTION. 14 Part G of title IV (20 U.S.C. 1088 et seq.) is further 15 amended by adding at the end the following new section: 16 ‘‘SEC. 494. CAMPUS-BASED DIGITAL THEFT PREVENTION. 17 ‘‘(a) IN GENERAL.—Each eligible institution partici-18 pating in any program under this title shall to the extent 19 practicable— 20 ‘‘(1) make publicly available to their students 21 and employees, the policies and procedures related to 22 the illegal downloading and distribution of copy-23 righted materials required to be disclosed under sec-24 tion 485(a)(1)(P); and 25 VerDate 0ct 09 2002 14:19 Nov 09, 2007 Jkt 000000 PO 00000 Frm 00411 Fmt 6652 Sfmt 6201 C:\TEMP\REAUTH~1.XML HOLCPC November 9, 2007 (2:19 p.m.) F:\HEA10\REAUTH\REAUTH_009.XML f:\V10\110907\110907.138.xml (392157|38)412 H.L.C. ‘‘(2) develop a plan for offering alternatives to 1 illegal downloading or peer-to-peer distribution of in-2 tellectual property as well as a plan to explore tech-3 nology-based deterrents to prevent such illegal activ-4 ity. 5 ‘‘(b) GRANTS.— 6 ‘‘(1) PROGRAM AUTHORITY.—The Secretary 7 may make grants to institutions of higher education, 8 or consortia of such institutions, and enter into con-9 tracts with such institutions, consortia, and other or-10 ganizations, to develop, implement, operate, improve, 11 and disseminate programs of prevention, education, 12 and cost-effective technological solutions, to reduce 13 and eliminate the illegal downloading and distribu-14 tion of intellectual property. Such grants or con-15 tracts may also be used for the support of a higher 16 education centers that will provide training, tech-17 nical assistance, evaluation, dissemination, and asso-18 ciated services and assistance to the higher edu-19 cation community as determined by the Secretary 20 and institutions of higher education. 21 ‘‘(2) AWARDS.—Grants and contracts shall be 22 awarded under paragraph (1) on a competitive basis. 23 ‘‘(3) APPLICATIONS.—An institution of higher 24 education or a consortium of such institutions that 25 VerDate 0ct 09 2002 14:19 Nov 09, 2007 Jkt 000000 PO 00000 Frm 00412 Fmt 6652 Sfmt 6201 C:\TEMP\REAUTH~1.XML HOLCPC November 9, 2007 (2:19 p.m.) F:\HEA10\REAUTH\REAUTH_009.XML f:\V10\110907\110907.138.xml (392157|38)413 H.L.C. desires to receive a grant or contract under para-1 graph (1) shall submit an application to the Sec-2 retary at such time, in such manner, and containing 3 or accompanied by such information as the Sec-4 retary may reasonably require by regulation. 5 ‘‘(4) AUTHORIZATION OF APPROPRIATIONS.— 6 There are authorized to be appropriated to carry out 7 this subsection such sums as may be necessary for 8 fiscal year 2009 and for each of the 4 succeeding fis-9 cal years.’’. 10 PART H—PROGRAM INTEGRITY 11 SEC. 496. RECOGNITION OF ACCREDITING AGENCY OR AS-12 SOCIATION. 13 Section 496 (20 U.S.C. 1099b) is amended— 14 (1) in subsection (a)— 15 (A) by striking paragraph (4) and insert-16 ing the following: 17 ‘‘(4) if such agency or association has or seeks 18 to include within its scope of recognition the evalua-19 tion of the quality of institutions or programs offer-20 ing distance education, such agency or association 21 shall, in addition to meeting the other requirements 22 of this subpart, demonstrate to the Secretary that— 23 ‘‘(A) the agency or association’s standards 24 effectively address the quality of an institution’s 25 VerDate 0ct 09 2002 14:19 Nov 09, 2007 Jkt 000000 PO 00000 Frm 00413 Fmt 6652 Sfmt 6201 C:\TEMP\REAUTH~1.XML HOLCPC November 9, 2007 (2:19 p.m.) F:\HEA10\REAUTH\REAUTH_009.XML f:\V10\110907\110907.138.xml (392157|38)