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(C) does not meet the requirement of paragraph (4) of section 101(a);
(D) is accredited by a nationally recognized accrediting agency or association recognized by the Secretary pursuant to part H of title IV;
(E) has been in existence for at least 2 years; and
(F) has at least 10 percent of the school's revenues from sources that are not derived from funds provided under title IV, as determined in accordance with regulations prescribed by the Secretary.
(2) ADDITIONAL INSTITUTIONS.-The term "proprietary institution of higher education" also includes a proprietary educational institution in any State that, in lieu of the requirement in paragraph (1) of section 101(a), admits as regular students persons who are beyond the age of compulsory school attendance in the State in which the institution is located. (c) POSTSECONDARY VOCATIONAL INSTITUTION.
(1) PRINCIPAL CRITERIA. For the purpose of this section, the term "postsecondary vocational institution" means a school that
(A) provides an eligible program of training to prepare students for gainful employment in a recognized occupation;
(B) meets the requirements of paragraphs (1), (2), (4), and (5) of section 101(a); and
(C) has been in existence for at least 2 years.
(2) ADDITIONAL INSTITUTIONS.-The term "postsecondary vocational institution" also includes an educational institution in any State that, in lieu of the requirement in paragraph (1) of section 101(a), admits as regular students persons who are beyond the age of compulsory school attendance in the State in which the institution is located.
SEC. 103. [20 U.S.C. 1003] ADDITIONAL DEFINITIONS.
In this Act:
(1) COMBINATION OF INSTITUTIONS OF HIGHER EDUCATION.-The term "combination of institutions of higher education" means a group of institutions of higher education that have entered into a cooperative arrangement for the purpose of carrying out a common objective, or a public or private nonprofit agency, organization, or institution designated or created by a group of institutions of higher education for the purpose of carrying out a common objective on the group's behalf.
(2) DEPARTMENT.-The term "Department" means the Department of Education.
(3) DISABILITY.-The term "disability" has the same meaning given that term under section 3(2) of the Americans With Disabilities Act of 1990.
(4) ELEMENTARY SCHOOL.-The term "elementary school" has the same meaning given that term under section 14101 of the Elementary and Secondary Education Act of 1965.
(5) GIFTED AND TALENTED.-The term "gifted and talented" has the same meaning given that term under section 14101 of the Elementary and Secondary Education Act of 1965.
(6) LOCAL EDUCATIONAL AGENCY.-The term "local educational agency" has the same meaning given that term under section 14101 of the Elementary and Secondary Education Act of 1965.
(7) NEW BORROWER.-The term "new borrower" when used with respect to any date means an individual who on that date has no outstanding balance of principal or interest owing on any loan made, insured, or guaranteed under title IV.
(8) NONPROFIT.-The term "nonprofit" as applied to a school, agency, organization, or institution means a school, agency, organization, or institution owned and operated by one or more nonprofit corporations or associations, no part of the net earnings of which inures, or may lawfully inure, to the benefit of any private shareholder or individual.
(9) SCHOOL OR DEPARTMENT OF DIVINITY.-The term "school or department of divinity" means an institution, or a department or a branch of an institution, the program of instruction of which is designed for the education of students
(A) to prepare the students to become ministers of religion or to enter upon some other religious vocation (or to provide continuing training for any such vocation); or
(B) to prepare the students to teach theological subjects.
(10) SECONDARY SCHOOL.-The term "secondary school" has the same meaning given that term under section 14101 of the Elementary and Secondary Education Act of 1965.
(11) SECRETARY.-The term "Secretary" means the Secretary of Education.
(12) SERVICE-LEARNING.-The term "service-learning" has the same meaning given that term under section 101(23) of the National and Community Service Act of 1990.
(13) SPECIAL EDUCATION TEACHER.-The term "special education teacher" means teachers who teach children with disabilities as defined in section 602 of the Individuals with Disabilities Education Act.
(14) STATE EDUCATIONAL AGENCY.-The term "State educational agency" has the same meaning given that term under section 14101 of the Elementary and Secondary Education Act of 1965.
(15) STATE HIGHER EDUCATION AGENCY.-The term "State higher education agency" means the officer or agency primarily responsible for the State supervision of higher education.
(16) STATE; FREELY ASSOCIATED STATES.—
(A) STATE. The term "State" includes, in addition to the several States of the United States, the Commonwealth of Puerto Rico, the District of Columbia, Guam, American Samoa, the United States Virgin Islands, the Commonwealth of the Northern Mariana Islands, and the Freely Associated States.
(B) FREELY ASSOCIATED STATES.-The term "Freely Associated States" means the Republic of the Marshall Islands, the Federated States of Micronesia, and the Republic of Palau.
PART B-ADDITIONAL GENERAL PROVISIONS
SEC. 111. [20 U.S.C. 1011] ANTIDISCRIMINATION.
(a) IN GENERAL.-Institutions of higher education receiving Federal financial assistance may not use such financial assistance, directly or indirectly, to undertake any study or project or fulfill the terms of any contract containing an express or implied provision that any person or persons of a particular race, religion, sex, or national origin be barred from performing such study, project, or contract, except that nothing in this subsection shall be construed to prohibit an institution from conducting objective studies or projects concerning the nature, effects, or prevention of discrimination, or to have the institution's curriculum restricted on the subject of discrimination.
(b) LIMITATIONS ON STATUTORY CONSTRUCTION.-Nothing in this Act shall be construed to limit the rights or responsibilities of any individual under the Americans With Disabilities Act of 1990, the Rehabilitation Act of 1973, or any other law.
SEC. 112. [20 U.S.C. 1011a] PROTECTION OF STUDENT SPEECH AND ASSOCIATION RIGHTS.
(a) PROTECTION OF RIGHTS.-It is the sense of Congress that no student attending an institution of higher education on a full- or part-time basis should, on the basis of participation in protected speech or protected association, be excluded from participation in, be denied the benefits of, or be subjected to discrimination or official sanction under any education program, activity, or division of the institution directly or indirectly receiving financial assistance under this Act, whether or not such program, activity, or division is sponsored or officially sanctioned by the institution.
(b) CONSTRUCTION.-Nothing in this section shall be construed
(1) to discourage the imposition of an official sanction on a student that has willfully participated in the disruption or attempted disruption of a lecture, class, speech, presentation, or performance made or scheduled to be made under the auspices of the institution of higher education; or
(2) to prevent an institution of higher education from taking appropriate and effective action to prevent violations of State liquor laws, to discourage binge drinking and other alcohol abuse, to protect students from sexual harassment including assault and date rape, to prevent hazing, or to regulate unsanitary or unsafe conditions in any student residence. (c) DEFINITIONS.-For the purposes of this section:
(1) OFFICIAL SANCTION.-The term "official sanction"
(A) means expulsion, suspension, probation, censure, condemnation, reprimand, or any other disciplinary, coercive, or adverse action taken by an institution of higher education or administrative unit of the institution; and
(B) includes an oral or written warning made by an official of an institution of higher education acting in the official capacity of the official.
(2) PROTECTED ASSOCIATION.-The term "protected association" means the joining, assembling, and residing with others
that is protected under the first and 14th amendments to the Constitution, or would be protected if the institution of higher education involved were subject to those amendments.
(3) PROTECTED SPEECH.-The term "protected speech" means speech that is protected under the first and 14th amendments to the Constitution, or would be protected if the institution of higher education involved were subject to those amendments.
SEC. 113. [20 U.S.C. 1011b] TREATMENT OF TERRITORIES AND TERRITORIAL STUDENT ASSISTANCE.
(a) WAIVER AUTHORITY.—The Secretary is required to waive the eligibility criteria of any postsecondary education program administered by the Department where such criteria do not take into account the unique circumstances in Guam, the United States Virgin Islands, American Samoa, the Commonwealth of the Northern Mariana Islands, and the Freely Associated States.
(b) ELIGIBILITY.-Notwithstanding any other provision of law, an institution of higher education that is located in any of the Freely Associated States, rather than in another State, shall be eligible, if otherwise qualified, for assistance under chapter 1 of subpart 2 of part A of title IV. This subsection shall cease to be effective on September 30, 2004.
SEC. 114. [20 U.S.C. 1011c] NATIONAL ADVISORY COMMITTEE ON INSTITUTIONAL QUALITY AND INTEGRITY.
(a) ESTABLISHMENT.-There is established in the Department a National Advisory Committee on Institutional Quality and Integrity (hereafter in this section referred to as the "Committee”), which shall be composed of 15 members appointed by the Secretary from among individuals who are representatives of, or knowledgeable concerning, education and training beyond secondary education, including representatives of all sectors and types of institutions of higher education (as defined in section 102), to assess the process of eligibility and certification of such institutions under title IV and the provision of financial aid under title IV.
(b) TERMS OF MEMBERS.-Terms of office of each member of the Committee shall be 3 years, except that any member appointed to fill a vacancy occurring prior to the expiration of the term for which the member's predecessor was appointed shall be appointed for the remainder of such term.
(c) PUBLIC NOTICE.-The Secretary shall
(1) annually publish in the Federal Register a list containing the name of each member of the Committee and the date of the expiration of the term of office of the member; and
(2) publicly solicit nominations for each vacant position or expiring term of office on the Committee.
(d) FUNCTIONS.-The Committee shall
(1) advise the Secretary with respect to establishment and enforcement of the standards of accrediting agencies or associations under subpart 2 of part H of title IV;
(2) advise the Secretary with respect to the recognition of a specific accrediting agency or association;
(3) advise the Secretary with respect to the preparation and publication of the list of nationally recognized accrediting agencies and associations;
(4) develop and recommend to the Secretary standards and criteria for specific categories of vocational training institutions and institutions of higher education for which there are no recognized accrediting agencies, associations, or State agencies, in order to establish the eligibility of such institutions on an interim basis for participation in federally funded programs;
(5) advise the Secretary with respect to the eligibility and certification process for institutions of higher education under title IV, together with recommendations for improvements in such process;
(6) advise the Secretary with respect to the relationship between
(A) accreditation of institutions of higher education and the certification and eligibility of such institutions; and
(B) State licensing responsibilities with respect to such institutions; and
(7) carry out such other advisory functions relating to accreditation and institutional eligibility as the Secretary may prescribe.
(e) MEETING PROCEDURES.-The Committee shall meet not less than twice each year at the call of the Chairperson. The date of, and agenda for, each meeting of the Committee shall be submitted in advance to the Secretary for approval. A representative of the Secretary shall be present at all meetings of the Committee.
(f) REPORT.-Not later than November 30 of each year, the Committee shall make an annual report through the Secretary to Congress. The annual report shall contain—
(1) a list of the members of the Committee and their addresses;
(2) a list of the functions of the Committee;
(3) a list of dates and places of each meeting during the preceding fiscal year; and
(4) a summary of the activities, findings and recommendations made by the Committee during the preceding fiscal year. (g) TERMINATION.-The Committee shall cease to exist on September 30, 2004.
SEC. 115. [20 U.S.C. 1011d] STUDENT REPRESENTATION.
The Secretary shall, in appointing individuals to any commission, committee, board, panel, or other body in connection with the administration of this Act, include individuals who are, at the time of appointment, attending an institution of higher education.
SEC. 116. [20 U.S.C. 1011e] FINANCIAL RESPONSIBILITY OF FOREIGN STUDENTS.
Nothing in this Act or any other Federal law shall be construed to prohibit any institution of higher education from requiring a student who is a foreign national (and not admitted to permanent residence in the United States) to guarantee the future payment of tuition and fees to such institution by
(1) making advance payment of such tuition and fees;