DigitalKoans

House Passes College Opportunity and Affordability Act with File-Sharing Provision Intact

Despite lobbying by EDUCAUSE and others, the U.S. House of Representatives has passed, 354 to 58, the College Opportunity and Affordability Act with its Sec. 494 illegal file sharing provision intact.

Here's the provision:

SEC. 494. CAMPUS-BASED DIGITAL THEFT PREVENTION.

(a) In General— Each eligible institution participating in any program under this title shall to the extent practicable—

(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

(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 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.