Monthly Archives: March 2010

Special Session Enters Second Week

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Nine days into the first special session of 2010, policymakers have reached an agreement that $800 million is the revenue target.

However, lawmakers remain gridlocked over how to raise this revenue, the primary dividing point being the implementation of a sales tax. The Senate still supports a temporary general sales-taxe increase and the House does not.

It has been reported that policymakers from both chambers agree on more than they disagree, such as closing tax loopholes and raising the cigarette tax. In addition, there is agreement on the expenditure side to make hundreds of millions of dollars in cuts and use one-time fixes, such as federal aid and reserves, to bridge the gap until the 2011-13 biennium.

As for now, the bills needed to implement a 2010 supplemental operating budget, 2010 supplemental capital budget, and increase revenue remain where they were this weekend. In addition, the bills that Evergreen is tracking this special session also have not moved further in the process.

As the Legislature convened on Monday, hopes were that an agreement would be reached by Wednesday, March 24. Now as Wednesday approaches, it looks like perhaps adjournment will have to wait either until the weekend (optimistic) or next week (reality).

College Savings Foundation 2010 Survey of Youth Supports 529 Savings Plans

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A recent survey of 500 high school students aged 16-17 has been published by the College Savings Foundation (CSF). CSF is a Washington, D.C.-based organization that represents investment and financial interests that focus on promoting 529 college investment plans. Investors in 529 plans enjoy various tax benefits, and contributions may only be used for educational costs.

The study demonstrates high school students’ college plans, savings strategies, funding expectations and parental involvement, and paints a picture of a new class of college students ready to shoulder the financial burden of their educations. This commitment is demonstrated by the 45 percent of students surveyed who have already begun to save for college on their own, 43 percent of whom have saved between $1,000 and $5,000. In addition, 66 percent of students expect to take out loans to cover costs, with 40 percent of them expecting to borrow a quarter to a half of their costs and another 30 percent who expect to borrow more than a half of educational expenses.

Financial aid also figured into future students’ perceptions of educational costs, with 85 percent planning to definitely or probably take advantage of financial aid and scholarships to meet their educational goals. Financial aid eligibility can be affected by 529 plans, which count as assets for dependent students applying for aid.

With the majority of those surveyed indicating plans to attend a public institution or community college, the next wave of college students will follow their predecessors, relying on a combination of state and federal funding sources on top of family contributions.

The study, which does not correlate responses with students’ socioeconomic status or race/ethnicity, is clearly in support of the CSF agenda to promote 529 accounts. Currently, this type of account is utilized by a particular portion of the population. According to United States Treasury Secretary Tim Geithner, “only 5 percent of families with children in the middle of the income distribution have 529 accounts, while nearly one third of those in the top 5 percent of the distribution have them.”

Taking into consideration the difficult financial decisions Americans are faced with today, it is unlikely that middle to low-income families will take advantage of 529 accounts, which have recently come under scrutiny as investments underwent a challenging year. CSF’s agenda in D.C. to shift the responsibility of college funding to money paid into savings accounts rather than debt payments after college leaves out the commitment of state funding and state and federal financial aid, all of which are in danger of further deterioration.

President Signs Jobs Bill

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Last Thursday, President Obama signed what some believe is a jobs creations bill. Others argue that it will simply reward businesses that would have hired workers anyway.

The Hiring Incentives to Restore Employment Act (H.R. 2847) spent some time in the legislative process prior to its passage this past week. The bill passed the U.S. Senate on February 24. The U.S. House amended the bill and sent it back to the U.S. Senate for concurrence. The final bill was passed by the U.S. Senate on Wednesday, March 17 .

The bill takes several actions to incentivize job creation, among these actions:  

  • Employers who hire a person without a job do not have to pay the new worker’s social security taxes for the remainder of the year. All private-sector employers, including nonprofits are eligible along with post-secondary schools. Eligible workers must swear in writing that they have not been employed for more than 40 hours during the previous 60 days and must pay their own social secruity tax (6.2% of pay)

 

  • Employers are eligible for a tax credit worth up to $1,000 on their 2011 tax return if they retain the new worker for at least 52 consectuive weeks. The employer is eligible for the lesser of $1,o00 or 6.2 percent of wages paid to the employee over the 52-week period. In addition, the employer must pay the new worker, during the second half of this 52-week period, at least 80% of what it paid during the first half.  

 

  • Includes employers in Puerto Rico and other U.S. possessions and covers Railroad Retirement taxes.

 

  • An employer cannot collect these tax breaks on workers who replace people they laid off, but it can get the incentives on workers who replace ones who quit or were fired for cause.

Final Agreement Reached on Student-Aid Legislation

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This weekend the U.S. House of Representatives is expected to approve the combined student-aid and health-care plan.  This is the culmination of a year-long process as well as much strategy and discussion during the past week to determine a final agreement to overhaul the government’s student-loan system.

The final agreement, the Health Care & Education Affordability Reconciliation Act (H.R. 4872), would end the bank-based system of distributing federally subsidized student loans (FFELP program) and move toward a system in which the U.S. Department of Education would provide all loan money directly to colleges and students (Direct Loan program).

The final agreement would use savings generated from the elimination of the FFELP program (approx. $61 billion over 10 years) to increase the maximum Pell Grant. The maximum Pell Grant, currently scheduled to reach $5,500 for the 2010-11 academic year, would increase by the rate of inflation over most of the next 10 years. 

The effort by the Obama Administration to urge Congress to approve an annual increase equal to the rate of inflation plus one percentage point was eliminated in the final agreement and the start of the annual increases was delayed until 2013.

Finally, the bill:

  • Pays off billions of dollars in accumulated budget shortfalls in the Pell Grant program because of rising college enrollments and demand for the program.
  • Includes $225 million a year to help historically black colleges.
  • Includes $750 million over five years for College Access Challenge Grants, which support states and other governments in efforts to prepare low-income students to enroll and succeed in college.  This is down from the $3 billion in the House version.
  • Includes $2 billion over four-years to help two-year institutions. This is down from the $10 billion in the House version.
  • Includes $1.5 billion over 10 years to finance the Obama Administration’s proposal to increase assistance to borrowers eligible for income-based repayment of a federally subsidized student loan by limiting their mandatory monthly payments to 10 percent of discretionary income, down from 15 percent, and by forgiving their loans entirely after 20 years, instead of the current 25 years. The House version did not include these funds.
  • Eliminates the $9 billion that had been approved in the House version to reduce the interest rate on federally subsidized loans in 2012-13 and subsequent years.  The rate is due to drop to 4.5% for the 2010-11 academic year; 3.4% the following year; and then rise to 6.8% after that.
  • Eliminates a provision in the House version to spend $8 billion on early-childhood-education programs.

So what is next. If the House passes the reconciliation bill, most likely this Sunday, the bill will move to the Senate where it could be voted on as early as next week.

What and Where are the Bills of Special Session

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The Governor, the Senate and the House all stated that the focus of the first special session of 2010 would be budgets, revenue, and job creation. While it is clear that the bills that would implement the 2010 supplemental operating and capital budgets and any revenue increases are necessary, several other bills are also required to pass to implement the budget and revenue proposals of the Legislature.

Bills, referred in the political arena as NTIB (Necessary to implement the budget), are widely defined. Many are deemed NTIB because they allow for implementation of budget policies, create cost savings, and/or are take home bills for policymakers.

During this first week of the first special session of 2010 several bills have been reintroduced that did not pass the Legislature prior to adjournment of the regular session.

A summary of the five bills Evergreen is tracking through the course of the special session are below.

House Bill 2561

 House Bill 2561 authorizes the State Finance Committee to issue $861 million in general obligation bonds, to be known as Jobs Act Bonds (Act), for the purpose of creating jobs by constructing capital improvements that lead to energy-related cost savings in public schools, state colleges and universities, and other public facilities. Public schools, colleges and universities and other public facilities would compete for funds in two rounds of competitive grant funding for the dollars according to criteria laid out in the bill. The first round is dedicated solely to education and higher education.

House Bill 2561 has been referred to in the media as one of the vehicles that the Legislature may consider as part of its job creation efforts in the special session.

HB 2561 passed the House 54-39 on the second day of the special session and awaits further action in the Senate Ways & Means Committee.

House Bill 2854

House Bill 2854 determines student eligibility for the Higher Education Loan Program (HELP). To be eligible a student is defined as one that: (1) has an annual family income, adjusted for family size, that is no greater than 130 percent of the Washington median family income; (2) has completed the free application for federal student aid; (3) is a Washington resident; (4) is not enrolled in Theology as a field of study; (5) is enrolled at least half-time in a first-aid-eligible certificate or degree program up to and including graduate and professional degrees; (6) maintains satisfactory academic progress as determined by the attending institution; (7) is not delinquent or in default on a federal or state student loan; and (8) is not past due in child-support obligations.

The bill also establishes a limit on the loan amount granted per academic year is established as the cost of attendance minus any other student financial aid received.

HB 2854 passed the House 58-35 on the second day of the special session. A public hearing on the bill was held in Senate Ways & Means Committee on March 17.

House Bill 3193

House Bill 3193 reduces the bonus for National Board-certified teachers teaching in high poverty schools from $5,000 to $2,500 during the 2010-11 school year.  In addition, persons receiving the National Board bonus are required to be in “instructional assignments” in a Washington public school.

HB 3193 awaits further action on the House floor.

SB 6409

Senate Bill 6409 creates the Washington Opportunity Pathways Account. Beginning in state fiscal year 2011, all net revenues from in-state lottery games that are not otherwise dedicated to debt service on the Safeco Stadium and Qwest Field and Exhibition Center are dedicated to the new account. All net income from the multi-state lottery games, other than those dedicated to the Problem Gambling Account, are deposited into the Washington Opportunity Pathways Account rather than into the General Fund.

The Washington Opportunity Pathways Account is subject to appropriation by the Legislature, and may only be used for the following programs: recruitment of entrepreneurial researchers, innovation partnership zones, and research teams; the early childhood education and assistance program (ECEAP); the State Need Grant; the State Work Study program; College Bound Scholarships; Washington Promise Scholarships; Washington Scholars; the Washington Award for Vocational Excellence (WAVE); the Passport to College Promise; the Educational Opportunity Grant; and GET Ready for Math & Science Scholarships.

SB 6409 passed the Senate  32-10 on the second day of the special session and awaits further action on the House floor.

SB 6503

Senate Bill 6503 as passed by the Senate on March 16 expresses the intention of the Legislature that state agenices and institutions of higher education reduce government operating costs. In doing so agencies and institutions of higher education are required to preserve family wage jobs. The bill further requires the following:

  • The Office of Financial Management (OFM) certify to each state agency the compensation reduction amount to be achieved by the executive branch agency or institution as provided in the omnibus appropriations act.
  • Executive branch general government state agencies and higher education institutions may submit plans that achieve compensation cost savings to OFM. The State Board for Community and Technical Colleges shall submit a single plan on behalf of all community colleges.
  • Compensation reduction plans submitted by higher education institutions may include leave without pay, temporary layoffs, reductions in force, reduced work hours, and voluntary retirement, separation, and other incentive programs authorized by law.
  • OFM shall review, approve, and submit the higher education institution plans that achieve the required cost reductions to the legislative fiscal committees. Those institutions that do not have approved plans will close on the ten dates specified in the amendment.
  • Legislative branch agency plans for mandatory and voluntary leave will achieve savings as provided in the omnibus appropriations act and are subject to the approval of the Chief Clerk of the House of Representatives and the Secretary of the Senate.
  • Judicial branch agencies will similarly submit plans for review and approval by the Supreme Court. Agency closure days will not prevent actions from being considered timely on the next business day.
  • Specified activities of agencies and institutions are exempt from closure or reductions. Minimal use of state employees by any agency or institution is permitted as necessary to protect public assets, protect information technology systems, and maintain public safety. For higher education classroom instruction, operations not funded from state funds or tuition, campus police and security, emergency management and response, and student health care are exempt.
  • The agency employing an employee not scheduled to work on an agency closure day must designate an alternative day during the same month for the employee to take temporary leave without pay.
  • Employees earning less than $30,000 per year may use annual leave or shared leave in lieu of a temporary layoff.
  • Implementation subject to bargaining will be performed consistent with applicable laws.
  • For state agencies, temporary layoff impacts will be negotiated between each agency and one coalition of all exclusive bargaining representatives.
  • For higher education institutions that have negotiations conducted by the Governor or Governor’s designee, and that have submitted a reduction plan, negotiations regarding impacts shall be conducted between coalitions of representatives at each college, college district, or university of all the exclusive representatives.
  • For institutions that do not submit aplan, negotiations regarding impacts shall be conducted between the Governor or Governor’s designee and one coalition of all the exclusive bargaining representatives. Institutions that do not have negotiations conducted by the Governor or Governor’s designee shall each negotiate institutional impacts.
  • An exception to the requirement that agencies remain open 40 hours per week is provided.
  • In addition to the Public Employees Retirement System provisions in current law eliminating the effect of temporary salary reductions on pension calculations (chapter 430, Laws of 2009), members of the Teachers’ Retirement System, the Public Safety Employees’ Retirement System, the Law Enforcement Officers’ and Firefighters’ Retirement System and the Washington State Patrol Retirement System will not have pension calculations reduced for salary not earned as a result of compensation reductions integral to expenditure reduction efforts.
  • The act contains an emergency clause and takes effect immediately. 

Senate Bill was further amended on the Senate floor to:

  • Direct that state agencies and institutions reduce expenditures on salaries and benefits for Washington Management Service and exempt management positions by amounts provided in the omnibus appropriations act. The reductions shall be sufficient to save $10 million General Fund-State in Fiscal Year 2011
  • In higher education institutions, the amendment exempts student employees from the compensation reduction plans and the agency closure dates.

Budget and Revenue Bills Emerge as the One Week Anniversary of Special Session Nears

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The somewhat slow pace by which legislators hit the ground last Monday has been replaced by at least a jog as the one week timeline for the first special session of 2010 nears. 

Over the last few days the major pieces needed for the Legislature to adjourn and go home have emerged in the process. With that said, doubts remain whether the emergence of key revenue and budget bills in the last couple of days is enough to reach adjournment by Monday, the one week deadline many legislators set out to meet when the special session was convened.

The Senate passed their proposed 2010 supplemental operating budget on the first day of the special session. Since then proposals on the $30.6 billion operating budget have been exchanged between the House and Senate in search of a compromise.  For the moment, however, the bill (ESSB 6444) awaits further consideration on the House floor. 

Yesterday, the House passed their proposed 2010 supplemental capital budget. Not much negotiation has taken place with regard to the capital budget. Leaders on the capital buget continue to wait for decisions on revenue and operating dollars to determine how much money is available for capital. The bill (ESHB 2836) awaits further consideration in the Senate Ways & Means Committee.

Also yesterday, the Senate passed, 25-18, a revenue generating bill (SESSB 6143) which is half of a two bill revenue package that would raise $809 million through June 30, 2011.  The bill is the same as the revenue bill passed by the Senate in the regular session except for two changes. The first is a reduction in a sales tax increase from a three-tenths proposed increased to two-tenths. In addition, under the revised version, realtors, research and development businesses, and nonprofit and public hospitals would not be affected by the surcharge.

Other than these changes, the bill remains the same as the original bill.  The revised bill : (1) closes dozens of tax loopholes, (2) extends the sales tax to bottled water for three years, and (3) increases the occupation tax on service businesses by one-quarter of 1 percent for three years each. Finally, the bill doubles the small business tax credit permanently for service businesses and funds the implementation of the Working Families Tax Rebate. Low-income families would start receiving checks in 2012.

The Senate’s two-bill revenue package also includes Senate Bill 6874 to increase state cigarette taxes by $1 per pack. SB 6874  still needs to be approved by the full Senate.

Today, the House passed a revised version of SESSB 6143 with a vote of 53-42. 

The revised bill passed by the House is a plan that was offerd by Governor Gregorie as a compromise between the differing House and Senate proposals. The plan would generate nearly $800 million in new revenue without a sales tax increase. Instead the plan, which includes elements from the Senate and the House proposals,  is a temporary business-and-occupations tax surcharge of 0.25 percent on some service businesses.  Finally, the plan would close tax loopholes, extend the sales tax to bottled water, and overhaul the way taxes are charged to out-of-state businesses.  The Senate and House continue to remain divided on the implementation of a sales tax, with the Senate favoring a sales taxes increase and the House opposing an increase.

Like the Senate, the House’s proposal consists of a two-bill revenue package. House Bill 2493 , like SB 6874, raises state cigarette taxes by $1 per pack and increases taxes on other tobacco products. Yesterday, the House passed HB 2493 witha  vote of 54-42. The bill now awaits further consideration on the Senate floor.

 

Activities Move from Floor to Committee in the Senate

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For the first time this special session, the activity moved away from the decorated chamber floor of the Senate to the more utilitarian committee rooms.

The Senate spent most of the morning in caucus, moving a single bill prior to adjourning until Noon tomorrow. The action then moved to the Senate Ways & Means Committee who held a work session, several public hearings, and finally moved a handful of bills to the floor.

The Committee held a work session on new language put forth by Sen. Rockefeller that would provide substance to Senate Bill 6853 which currenlty exists in “title only” format. 

The Rockefeller language, which has been in development for some time, recognizes the intent of the Washington Legislature to review tax preferences in the same manner as budget expenditures.  The language sets standards for what should be considered in future tax preference legislation and changes  membership of the Citizen Commission on the Performance Review of Tax Measures to include the State Treasurer and two members appointed by the Governor of which one must be a citizen representing working families or a nonprofit organization. In addition, the Governor would be required, when submitting tax preference requests to the Legislature, to offset the cost of any preference by reductions/eliminations of existing preferences. Finally, the language would require the Washington Department of Revenue to provide the tax exemption report every 2 years rather than every 4 years.

The Committee took no action on the bill.

Though the Committee took action on several bills, moving them forward to the floor for further consideration, the Commitee only held a public hearing on the one bill of interest to Evergreen. House Bill 2854 was heard before Senate Ways & Means Committee. House Bill 2854 establishes a low interest state loan for students seeking a college education. The Committee took no further action on the bill this afternoon.

Special Session: Day 2

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The second day of the first 2010 special session was much more alive, actually feeling a bit like a regular session. A handful of committees held work sessions on various topics of interest and both the House and the Senate spent serious time on the floor considering legislation.

The Senate took action on eight bills today before they adjourned until 10:00 a.m. tomorrow. Of the eight bills, two are of particular interest to Evergreen.

The Senate reintroduced and passed with a vote of 30-11 Engrossed Substitute Senate Bill 6503. ESSB 6503 is the compension reduction savings bill that failed to pass the House in the regular session. The bill, which passed with a vote of 32-10 directs state agencies, including higher education institutions to achieve a $69.2 million reduction in employee compensation costs from the near General Fund through mandatory and voluntary compensation reduction activities (i.e. furloughs, leave without pay, reduced work hours, voluntary retirements and separations, layoffs, and other methods).

The second bill, which passed 32-10, Engrossed Second Substitute Senate Bill 6409 creates the Opportunity Pathways Account. Beginning in state fiscal year 2011, all net revenues from in-state lotterygames that are not otherwise dedicated to debt service on the Safeco Stadium and QwestField and Exhibition Center are dedicated to the Opportunity Pathways Account. All net income from the multi-state lottery games, other than those dedicated to the Problem Gambling Account, are deposited into the Washington Opportunity Pathways Account rather than into the General Fund.

The Washington Opportunity Pathways Account is subject to appropriation by the Legislature, and may only be used for the following programs: recruitment of entrepreneurial researchers, innovation partnership zones, and research teams; the early childhood education and assistance program (ECEAP); the State Need Grant; the State Work Study program; College Bound Scholarships; Washington Promise Scholarships; Washington Scholars; the Washington Award for Vocational Excellence (WAVE); the Passport to

College Promise; the Educational Opportunity Grant; and GET Ready for Math & Science Scholarships.

The House took action on 14 bills prior to adjourning until 10:00 a.m. tomorrow. Of the 14 bills passed two were of interest to Evergreen.

Engrossed House Bill 2561 authorizes the State Finance Committee to issue $861 million in general obligation bonds, to be known as Jobs Act Bonds (Act), for the purpose of creating jobs by constructing capital improvements that lead to energy-related cost savings in public schools, state colleges and universities, and other public facilities. As reported earlier through this blog, EHB 2561 passed with a close vote of 54-39.

Second Substitute House Bill 2854, which passed 58-35, creates the Higher Education Loan Program (HELP).

Finally, today, the Senate’s proposed 2010 supplemental operating budget was placed on the second reading calendar on the House floor.

Representative Dunshee’s Jobs Bill Passes House After Contentious Debate

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A bill that proposed the creation of jobs by issuing bonds for energy savings and repairs to educational institutions’ buildings endured an intense debate on the House floor before being passed with a vote of 54 yeas, 39 nays and 5 excused.

The bill would create an estimated 30,000 jobs and increase the state’s debt limit by 1.7%. $861 million will be appropriated, around $200 million of which withiin the House Capital Budget for K-12 schools. Opponents of the bill pointed to the speculative nature of the increase in debt and the theoretical, not concrete, jobs that are forecast to be created. They also cited the short-term nature of potential jobs, given the relatively small amount of money appropriated per forecast position.

Supporters countered these arguments by calling the bill a gesture of responsible leadership and claiming that the debt limit increase was not substantial enough to justify alarm. They also expressed their concern for the condition of school buildings, many of which have leaking roofs, missing ceiling tiles, poor insulation and old windows. By invoking the paramount duty of the legislature to provide access to all of Washington’s children to education, several of those speaking in support sought to tie the jobs bill directly to issues regarding funding for K-12 education.

The Latest on Federal Financial Aid

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Yesterday, Congress passed a reconciliation bill that includes provisions to eliminate the Federal Family Education Loan Program (FFELP) and significantly boost funding for the Pell Grant program. The House Budget Committee voted 21 to 16 to report the bill to the full House for a vote.

The reconciliation bill marked-up by the House Budget Committee contained the Student Aid and Fiscal Responsibility Act (SAFRA). That SAFRA language is expected to be replaced with a streamlined bill when the reconciliation bill is sent to the House Rules Committee. The House could vote on the reconciliation bill as early as this week. While the new language has not been released, reports suggest the bill will include the following: 

  • Savings of $68 billion by eliminating FFELP and moving to direct lending.
  • Pay off a portion of the Pell Grant program shortfall and automatically increase the maximum Pell Grant by the Consumer Price Index (CPI)
  • Provide additional funding for Minority Serving Institutions

Unlike SAFRA, the new language is not expected to include:

  •  The Perkins Loan Program overhaul
  • The American Graduation Initiative to provide $10 billion to Community Colleges
  • The $3.5 billion College Access and Completion Fund

Efforts to pass student financial aid legislation still focus on combining an aid bill with health care legislation through budget reconciliation. Specifically, the House plans to pass the healthcare reform legislation that has already been passed by the Senate, clearing that bill to be signed into law. The House also plans to pass a separate reconciliation bill that would combine student aid reform with healthcare provisions to amend the healthcare reform bill passed by the Senate. Senate Democrats would then have to secure 50 votes to clear the reconciliation bill for the President, with Vice President Joe Biden casting the 51st vote.

Reconciliation ProcessBesides the Pell Grant funding provided in the reconciliation bill, the healthcare reform legislation passed by the Senate includes more than $510 million for student aid in the 2010 fiscal year. The Senate healthcare bill would:

  • Eliminate the requirement for independent students to supply parental financial information to apply for aid from the Department of Health and Human Services
  • Increase annual and aggregate Nursing Student Loan
  • Create a pediatric specialty loan repayment
  • Create a Public Health Workforce Loan Repayment Program
  • Make grants to institutions to award scholarships to individuals employed in public and allied health positions
  • Set authorized funding levels for the National Health Service Corps
  • Make grants to institutions to provide need-based financial assistance in family medicine, general internal medicine, or general pediatrics
  • Make grants to institutions to provide tuition and fee assistance to workers employed in long-term care settings
  • Make grants to institutions for financial assistance to general, pediatric, and public health dentistry students
  • Establish various support programs for practitioners of geriatric medicine
  • Make nurse faculty eligible for the existing Nursing Student Loan Repayment Program.
  • Create a United States Public Health Sciences Track, giving students tuition remission and a stipend for up to 4 years, in exchange for a service obligation.
  • Reauthorizes Scholarships for Disadvantaged Students through 2015.
  • Excludes from taxable income all amounts received under the National Health Service Corps Loan Repayment Program, certain related state programs, or under any other State loan repayment or loan forgiveness program that provides for health care services in under-served or shortage areas.

In addition, the bill would require insurance companies offering health insurance that provides dependent coverage of children to continue to make such coverage available for unmarried adult children until the age of 26. The bill specifically allows schools to continue offering their own student health plans.

The bill now goes to the full U.S. House of Representatives for a vote.