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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 ATTACHED LIST of cosponsors]) introduced the following bill; which was referred to the Committee on lllllllllllllll
A BILL
To amend and extend the Higher Education Act of 1965, and for other purposes. 1 Be it enacted by the Senate and House of Representa-
2 tives of the United States of America in Congress assembled, 3 4
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) SHORT TITLE.—This Act may be cited as the
5 ‘‘College Opportunity and Affordability Act of 2007’’. 6 (b) TABLE OF CONTENTS.—
Sec. 1. Short title; table of contents. Sec. 2. Reference; Effective date. TITLE I—TITLE I AMENDMENTS
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H.L.C.
381 1 2 3 4 5 6 7 8 9 10 11 12 13 14 (2) by striking the period at the end of paragraph (2); and (3) by adding at the end the following new paragraph: ‘‘(3) in collecting any obligation arising from a loan made under part E of this title, an institution of higher education that has an agreement with the Secretary pursuant to section 463(a) shall not be subject to a defense raised by any borrower based on a claim of infancy.’’.
SEC. 487. INSTITUTIONAL AND FINANCIAL ASSISTANCE INFORMATION FOR STUDENTS.
(a) DISCLOSURE
LATED TO
OF
POLICIES
AND
SANCTIONS RE-
COPYRIGHT
INFRINGEMENT.—Section
15 485(a)(1) (20 U.S.C. 1092(a)(1)) is amended— 16 17 18 19 20 21 22 23 24 25 (1) by striking ‘‘and’’ at the end of subparagraph (N); (2) by striking the period at the end of subparagraph (O) and inserting ‘‘: and’’ ; and (3) by adding at the end the following new subparagraph: ‘‘(P) institutional policies and sanctions related to copyright infringement, including— ‘‘(i) an annual disclosure that explicitly informs students that unauthorized
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H.L.C.
382 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 (b) distribution of copyrighted material, including unauthorized peer-to-peer file sharing, may subject the students to civil and criminal liabilities; ‘‘(ii) a summary of the penalties for violation of Federal copyright laws; ‘‘(iii) a description of the institution’s policies with respect to unauthorized peerto-peer file sharing, including disciplinary actions that are taken against students who engage in unauthorized distribution of copyrighted materials using the institution’s information technology system; and ‘‘(iv) a description of actions that the institution takes to prevent and detect unauthorized distribution of copyrighted material on the institution’s information technology system.’’. CRIMINAL OFFENSES REPORTED.—Section
20 485(f)(1) (20 U.S.C. 1092(f)(1)) is amended— 21 22 23 24 (1) in the matter preceding subparagraph (A), by inserting ‘‘, other than a foreign institution of higher education,’’ after ‘‘under this title’’; and (2) in subparagraph (F)—
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411 1 2 3 4 (4) in subsection (k), by striking ‘‘2004’’ and inserting ‘‘2011’’.
SEC. 492. NEGOTIATED RULEMAKING.
Section 492(b)(1) (20 U.S.C. 1098a(b)(1)) is amend-
5 ed by striking ‘‘from individuals nominated by groups de6 scribed in subsection (a)(1)’’ and inserting ‘‘from individ7 uals who are nominated by groups described in subsection 8 (a)(1) and who have recognized legitimacy as designated 9 representatives of major stakeholders, sectors, and con10 stituencies in the higher education community’’. 11 12
SEC. 493. TECHNICAL AMENDMENT.
Section 493C(b)(1) (20 U.S.C. 1098e(b)(1)) is
13 amended by striking ‘‘or is already in default’’. 14 15
SEC. 494. CAMPUS-BASED DIGITAL THEFT PREVENTION.
Part G of title IV (20 U.S.C. 1088 et seq.) is further
16 amended by adding at the end the following new section: 17 18
‘‘SEC. 494. CAMPUS-BASED DIGITAL THEFT PREVENTION.
‘‘(a) IN GENERAL.—Each eligible institution partici-
19 pating in any program under this title shall to the extent 20 practicable— 21 22 23 24 25 ‘‘(1) make publicly available to their students and employees, the policies and procedures related to the illegal downloading and distribution of copyrighted materials required to be disclosed under section 485(a)(1)(P); and
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412 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ‘‘(2) develop a plan for offering alternatives to illegal downloading or peer-to-peer distribution of intellectual property as well as a plan to explore technology-based deterrents to prevent such illegal activity. ‘‘(b) GRANTS.— ‘‘(1) PROGRAM
AUTHORITY.—The
Secretary
may make grants to institutions of higher education, or consortia of such institutions, and enter into contracts with such institutions, consortia, and other organizations, to develop, implement, operate, improve, and disseminate programs of prevention, education, and cost-effective technological solutions, to reduce and eliminate the illegal downloading and distribution of intellectual property. Such grants or contracts may also be used for the support of a higher education centers that will provide training, technical assistance, evaluation, dissemination, and associated services and assistance to the higher education community as determined by the Secretary and institutions of higher education. ‘‘(2) AWARDS.—Grants and contracts shall be awarded under paragraph (1) on a competitive basis. ‘‘(3) APPLICATIONS.—An institution of higher education or a consortium of such institutions that
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413 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 desires to receive a grant or contract under paragraph (1) shall submit an application to the Secretary at such time, in such manner, and containing or accompanied by such information as the Secretary may reasonably require by regulation. ‘‘(4) AUTHORIZATION
OF APPROPRIATIONS.—
There are authorized to be appropriated to carry out this subsection such sums as may be necessary for fiscal year 2009 and for each of the 4 succeeding fiscal years.’’.
PART H—PROGRAM INTEGRITY
SEC. 496. RECOGNITION OF ACCREDITING AGENCY OR ASSOCIATION.
Section 496 (20 U.S.C. 1099b) is amended— (1) in subsection (a)— (A) by striking paragraph (4) and inserting the following: ‘‘(4) if such agency or association has or seeks to include within its scope of recognition the evaluation of the quality of institutions or programs offering distance education, such agency or association shall, in addition to meeting the other requirements of this subpart, demonstrate to the Secretary that— ‘‘(A) the agency or association’s standards effectively address the quality of an institution’s
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