IIB 

111TH CONGRESS 

1ST SESSION H. R. 1777 

IN THE SENATE OF THE UNITED STATES 

MARCH 31, 2009 

Received; read twice and referred to the Committee on Health, Education, 

Labor, and Pensions 

AN ACT 

To make technical corrections to the Higher Education Act 

of 1965, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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1 SECTION 1. TABLE OF CONTENTS. 

2 The table of contents for this Act is as follows: 

Sec. 1. Table of contents. 

Sec. 2. References. 

Sec. 3. Effective date. 

TITLE I—GENERAL PROVISIONS 

Sec. 101. General provisions. 

TITLE II—TEACHER QUALITY ENHANCEMENT 

Sec. 201. Teacher quality enhancement. 

TITLE III—INSTITUTIONAL AID 

Sec. 301. Institutional aid. 

Sec. 302. Multiagency study of minority science programs. 

TITLE IV—STUDENT ASSISTANCE 

Sec. 401. Grants to students in attendance at institutions of higher education. 

Sec. 402. Federal Family Education Loan Program. 

Sec. 403. Federal work-study programs. 

Sec. 404. Federal Direct Loan Program. 

Sec. 405. Federal Perkins Loans. 

Sec. 406. Need analysis. 

Sec. 407. General provisions of title IV. 

Sec. 408. Program integrity. 

Sec. 409. PLUS loan auction extension. 

TITLE V—DEVELOPING INSTITUTIONS 

Sec. 501. Developing institutions. 

TITLE VI—INTERNATIONAL EDUCATION PROGRAMS 

Sec. 601. International education programs. 

TITLE VII—GRADUATE AND POSTSECONDARY IMPROVEMENT 

Sec. 701. Graduate and postsecondary improvement programs. 

TITLE VIII—ADDITIONAL PROGRAMS 

Sec. 801. Additional programs. 

Sec. 802. Amendments to other higher education Acts. 

3 SEC. 2. REFERENCES. 

4 Except as otherwise expressly provided, whenever in 

5 this Act an amendment or repeal is expressed in terms 

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1 sion, the reference shall be considered to be made to a 

2 section or other provision of the Higher Education Act of 

3 1965 (20 U.S.C. 1001 et seq.). 

4 SEC. 3. EFFECTIVE DATE. 

5 Except as otherwise provided in this Act, the amend6 ments made by this Act shall take effect as if enacted on 

7 the date of the enactment of the Higher Education Oppor8 tunity Act (Public Law 110–315). 

9 TITLE I—GENERAL PROVISIONS 

10 SEC. 101. GENERAL PROVISIONS. 

11 (a) HIGHER EDUCATION OPPORTUNITY ACT.—Sec12 tion 101(b) of Higher Education Opportunity Act (Public 

13 Law 110–315) is amended by striking ‘‘July 1, 2010’’ and 

14 inserting ‘‘the date of the enactment of this Act’’. 

15 (b) HIGHER EDUCATION ACT OF 1965.— 

16 (1) AMENDMENTS.—Title I (20 U.S.C. 1001 et 

17 seq.) is amended— 

18 (A) in section 102(a)(2)(A)(iii) (20 U.S.C. 

19 1002(a)(2)(A)(iii)), as added by section 

20 102(a)(1)(D) of the Higher Education Oppor21 tunity Act (Public Law 110–315), in the matter 

22 preceding subclause (I), by striking ‘‘States—’’ 

23 and inserting ‘‘States (other than a public or 

24 private nonprofit nursing school located outside 

25 of the United States that was participating in 


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1 the program under part B of title IV on August 

2 13, 2008)—’’; 

3 (B) in section 102(a)(2)(D) (20 U.S.C. 

4 1002(a)(2)(D)), by striking ‘‘under part B’’ 

5 and inserting ‘‘under part B of title IV’’; 

6 (C) in section 111(b) (20 U.S.C. 1011(b)), 

7 by striking ‘‘With’’ and inserting ‘‘with’’; 

8 (D) in section 131(a)(3)(A)(iii)(I) (20 

9 U.S.C. 1015(a)(3)(A)(iii)(I)), by striking ‘‘sec10 tion 428(a)(2)(C)(i)’’ and inserting ‘‘section 

11 428(a)(2)(C)(ii)’’; 

12 (E) in section 136(d)(1) (20 U.S.C. 

13 1015e(d)(1)), by striking ‘‘(Family Educational 

14 Rights and Privacy Act of 1974)’’ and inserting 

15 ‘‘(commonly known as the ‘Family Educational 

16 Rights and Privacy Act of 1974’)’’; 

17 (F) in section 141 (20 U.S.C. 1018)— 

18 (i) in the matter preceding subpara19 graph (A) of subsection (c)(3), by striking 

20 ‘‘under this title’’ and inserting ‘‘under 

21 title IV’’; and 

22 (ii) in subsection (d)(3), by striking 

23 ‘‘appropriate committees of Congress’’ and 

24 inserting ‘‘authorizing committees’’; and 


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1 (G) in section 153(a)(1)(B)(iii)(V) (20 

2 U.S.C. 1019b(a)(1)(B)(iii)(V)), by striking 

3 ‘‘borrowers who take out loans under’’ each 

4 place the term appears and inserting ‘‘bor5 rowers of loans made under’’. 

6 (2) EFFECTIVE DATE.—The amendment made 

7 by paragraph (1)(A) of subsection (b) shall be effec8 tive as if enacted as part of the amendment in sec9 tion 102(a)(1)(D) of the Higher Education Oppor10 tunity Act (Public Law 110–315), and shall take ef11 fect on July 1, 2010. 

12 TITLE II—TEACHER QUALITY 

13 ENHANCEMENT 

14 SEC. 201. TEACHER QUALITY ENHANCEMENT. 

15 Title II (20 U.S.C. 1021 et seq.) is amended— 

16 (1) in section 202 (20 U.S.C. 1022a)— 

17 (A) in subsection (b)(6)(E)(ii), by striking 

18 ‘‘section 1111(b)(2)’’ and inserting ‘‘section 

19 1111(b)(1)’’; and 

20 (B) in subsection (i)(3), by striking ‘‘con21 sent of’’ and inserting ‘‘consent to’’; and 

22 (2) in section 231(a)(1) (20 U.S.C. 

23 1032(a)(1)), by striking ‘‘serve graduate’’ and in24 serting ‘‘assist in the graduation of’’. 


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1 TITLE III—INSTITUTIONAL AID 

2 SEC. 301. INSTITUTIONAL AID. 

3 Title III (20 U.S.C. 1051 et seq.) is amended— 

4 (1) in section 316 (20 U.S.C. 1059c)— 

5 (A) in subsection (a), by striking ‘‘Indian 

6 Tribal’’ and inserting ‘‘Tribal’’; 

7 (B) in subsection (b)— 

8 (i) in paragraph (1), by striking ‘‘the 

9 Tribally Controlled College or University 

10 Assistance Act of 1978’’ and inserting ‘‘the 

11 Tribally Controlled Colleges and Univer12 sities Assistance Act of 1978’’; 

13 (ii) in paragraph (2), by striking ‘‘the 

14 Tribally Controlled College or University 

15 Assistance Act of 1978’’ and inserting ‘‘the 

16 Tribally Controlled Colleges and Univer17 sities Assistance Act of 1978’’; and 

18 (iii) in paragraph (3)(A), by striking 

19 ‘‘the Navajo Community College Assistance 

20 Act of 1978’’ and inserting ‘‘the Navajo 

21 Community College Act’’; and 

22 (C) in subsection (d)(4)(A), by striking 

23 ‘‘part B’’ and inserting ‘‘part B of this title’’; 

24 (2) in section 318 (20 U.S.C. 1059e)— 


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1 (A) by amending subsection (b)(1)(F) to 

2 read as follows: 

3 ‘‘(F) is not receiving assistance under— 

4 ‘‘(i) part B of this title; 

5 ‘‘(ii) part A of title V; or 

6 ‘‘(iii) an annual authorization of ap7 propriations under the Act of March 2, 

8 1867 (14 Stat. 438; 20 U.S.C. 123).’’; and 

9 (B) in subsection (i), by striking ‘‘part B, 

10 or’’ and inserting ‘‘part B of this title, or’’; 

11 (3) in section 319(d)(3)(A) (20 U.S.C. 

12 1059f(d)(3)(A)), by striking ‘‘part B, or’’ and in13 serting ‘‘part B of this title, or’’; 

14 (4) in section 320(d)(3)(A) (20 U.S.C. 

15 1059g(d)(3)(A)), by striking ‘‘part B, or’’ and in16 serting ‘‘part B of this title, or’’; 

17 (5) in section 323(a) (20 U.S.C. 1062(a)), by 

18 striking ‘‘in any fiscal year’’ and inserting ‘‘for any 

19 fiscal year’’; 

20 (6) in section 324(d) (20 U.S.C. 1063(d))— 

21 (A) by redesignating paragraphs (1) and 

22 (2) as subparagraphs (A) and (B), respectively; 

23 (B) by striking ‘‘Notwithstanding sub24 sections (a)’’ and inserting ‘‘(1) Notwith25 standing subsections (a)’’; and 


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1 (C) by adding at the end the following: 

2 ‘‘(2) If the amount appropriated pursuant to section 

3 399(a)(2)(A) for any fiscal year is not sufficient to pay 

4 the minimum allotment required by paragraph (1) of this 

5 subsection to all part B institutions, the amount of such 

6 minimum allotments shall be ratably reduced. If additional 

7 sums become available for such fiscal year, such reduced 

8 allocations shall be increased on the same basis as the 

9 basis on which they were reduced (until the amount allot10 ted equals the minimum allotment required by paragraph 

11 (1)).’’; 

12 (7) in section 351(a) (20 U.S.C. 1067a(a))— 

13 (A) by striking ‘‘section 304(a)(1)’’ and in14 serting ‘‘section 303(a)(1)’’; and 

15 (B) by striking ‘‘of 1979’’; 

16 (8) in section 355(a) (20 U.S.C. 1067e(a)), by 

17 striking ‘‘302’’ and inserting ‘‘312’’; 

18 (9) in section 371(c) (20 U.S.C. 1067q(c))— 

19 (A) in paragraph (3)(D), by striking 

20 ‘‘402A(g)’’ and inserting ‘‘402A(h)’’; 

21 (B) in paragraph (4), by striking 

22 ‘‘402A(g)’’ and inserting ‘‘402A(h)’’; and 

23 (C) in paragraph (9)— 


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1 (i) in subparagraph (C)(iii), by strik2 ing ‘‘402A(g)’’ and inserting ‘‘402A(h)’’; 

3 and 

4 (ii) by amending subparagraph (F) to 

5 read as follows: 

6 ‘‘(F) is not receiving assistance under— 

7 ‘‘(i) part B of this title; 

8 ‘‘(ii) part A of title V; or 

9 ‘‘(iii) an annual authorization of ap10 propriations under the Act of March 2, 

11 1867 (14 Stat. 438; 20 U.S.C. 123).’’; and 

12 (10) in section 392(a)(6) (20 U.S.C. 

13 1068a(a)(6)), by striking ‘‘College or University’’ 

14 and inserting ‘‘Colleges and Universities’’. 

15 SEC. 302. MULTIAGENCY STUDY OF MINORITY SCIENCE 

16 PROGRAMS. 

17 Section 1024 (20 U.S.C. 1067d) is repealed. 

18 TITLE IV—STUDENT ASSISTANCE 

19 SEC. 401. GRANTS TO STUDENTS IN ATTENDANCE AT INSTI20 TUTIONS OF HIGHER EDUCATION. 

21 (a) AMENDMENTS.—Part A of title IV (20 U.S.C. 

22 1070 et seq.) is amended— 

23 (1) in section 400(b) (20 U.S.C. 1070(b)), by 

24 striking ‘‘1 through 8’’ and inserting ‘‘1 through 9’’; 

25 (2) in section 401 (20 U.S.C. 1070a)— 


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1 (A) in the second sentence of subsection 

2 (a)(1), by striking ‘‘manner,,’’ and inserting 

3 ‘‘manner,’’; 

4 (B) in subsection (b)(1), by striking ‘‘sec5 tion 401’’ and inserting ‘‘this section’’; and 

6 (C) in subsection (b)(9)(A)— 

7 (i) in clause (vi), by striking 

8 ‘‘$105,000,000’’ and inserting 

9 ‘‘$140,000,000’’; and 

10 (ii) in clause (viii), by striking 

11 ‘‘$4,400,000,000’’ and inserting 

12 ‘‘$4,470,000,000’’; 

13 (3) by striking paragraph (4) of section 401(f) 

14 (20 U.S.C. 1070a(f)), as added by section 401(c) of 

15 the Higher Education Opportunity Act (Public Law 

16 110–315); 

17 (4) in section 402A (20 U.S.C. 1070a–11)— 

18 (A) in subsection (b)(1), by striking ‘‘orga19 nizations including’’ and inserting ‘‘organiza20 tions, including’’; and 

21 (B) in subsection (c)(8)(C)(iv)(I), by in22 serting ‘‘to be’’ after ‘‘determined’’; 

23 (5) in section 402E(d)(2)(C) (20 U.S.C. 

24 1070a–15(d)(2)(C)), by striking ‘‘320.’’ and insert25 ing ‘‘320’’; 


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1 (6) in section 419C(b)(1) (20 U.S.C. 1070d– 

2 33(b)(1)), by inserting ‘‘and’’ after the semicolon at 

3 the end; and 

4 (7) in section 419D(d) (20 U.S.C. 1070d– 

5 34(d)), by striking ‘‘1134’’ and inserting ‘‘134’’. 

6 (b) HIGHER EDUCATION OPPORTUNITY ACT.—Sec7 tion 404 of the Higher Education Opportunity Act (Public 

8 Law 110–315) is amended by adding at the end the fol9 lowing new subsection: 

10 ‘‘(i) EFFECTIVE DATE.—The amendments made by 

11 subsection (e) of this section shall apply only with respect 

12 to grant awards made on or after the date of enactment 

13 of this Act.’’. 

14 SEC. 402. FEDERAL FAMILY EDUCATION LOAN PROGRAM. 

15 (a) AMENDMENT TO PROVISION AMENDED BY THE

16 COLLEGE COST REDUCTION AND ACCESS ACT.— 

17 (1) IN GENERAL.—Section 428(b)(1)(G)(i) (20 

18 U.S.C. 1078(b)(1)(G)(i)), as amended by section 

19 303 of the College Cost Reduction and Access Act 

20 (Public Law 110–84), is amended by striking ‘‘or 

21 439(q)’’. 

22 (2) EFFECTIVE DATE.—The amendment made 

23 by paragraph (1) shall be effective as if enacted as 

24 part of the amendment in section 303(a) of the Col25 lege Cost Reduction and Access Act (Public Law 


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1 110–84), and shall take effect on October 1, 2012, 

2 and apply with respect to loans made on or after 

3 such date. 

4 (b) ENTRANCE COUNSELING FUNCTIONS.— 

5 (1) GUARANTY AGENCIES.—Section 428(b)(3) 

6 (20 U.S.C. 1078(b)(3)) is amended— 

7 (A) in subparagraph (C), by inserting ‘‘or 

8 485(l)’’ after ‘‘section 485(b)’’; and 

9 (B) in subparagraph (D), by inserting ‘‘or 

10 485(l)’’ after ‘‘section 485(b)’’. 

11 (2) ELIGIBLE LENDERS.—Section 435(d)(5) 

12 (20 U.S.C. 1085(d)(5)) is amended— 

13 (A) in subparagraph (E), by inserting ‘‘or 

14 485(l)’’ after ‘‘section 485(b)’’; and 

15 (B) in subparagraph (F), by inserting ‘‘or 

16 485(l)’’ after ‘‘section 485(b)’’. 

17 (c) AMENDMENT TO PROVISION AMENDED BY THE

18 HIGHER EDUCATION OPPORTUNITY ACT.— 

19 (1) IN GENERAL.—Section 428C(c)(3)(A) (20 

20 U.S.C. 1078–3(c)(3)(A)), as amended by section 425 

21 of the Higher Education Opportunity Act (Public 

22 Law 110–315), is amended by striking ‘‘section 

23 493C’’ and inserting ‘‘section 493C,’’. 

24 (2) EFFECTIVE DATE.—The amendment made 

25 by paragraph (1) shall be effective as if enacted as 


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1 part of the amendment in section 425(d)(1) of the 

2 Higher Education Opportunity Act (Public Law 

3 110–315), and shall take effect on July 1, 2009. 

4 (d) REHABILITATION OF STUDENT LOANS.— 

5 (1) Section 428F (20 U.S.C. 1078–6) is 

6 amended— 

7 (A) in subsection (a)— 

8 (i) by amending paragraph (1) to read 

9 as follows: 

10 ‘‘(1) SALE OR ASSIGNMENT OF LOAN.— 

11 ‘‘(A) IN GENERAL.—Each guaranty agen12 cy, upon securing 9 payments made within 20 

13 days of the due date during 10 consecutive 

14 months of amounts owed on a loan for which 

15 the Secretary has made a payment under para16 graph (1) of section 428(c), shall— 

17 ‘‘(i) if practicable, sell the loan to an 

18 eligible lender; or 

19 ‘‘(ii) on or before September 30, 

20 2011, assign the loan to the Secretary if— 

21 ‘‘(I) the Secretary has deter22 mined that market conditions unduly 

23 limit a guaranty agency’s ability to 

24 sell loans under clause (i); and 


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1 ‘‘(II) the guaranty agency has 

2 been unable to sell loans under clause 

3 (i). 

4 ‘‘(B) MONTHLY PAYMENTS.—Neither the 

5 guaranty agency nor the Secretary shall de6 mand from a borrower as monthly payments 

7 amounts described in subparagraph (A) more 

8 than is reasonable and affordable based on the 

9 borrower’s total financial circumstances. 

10 ‘‘(C) CONSUMER REPORTING AGENCIES.— 

11 ‘‘(i) NOTICE OF SALE OR ASSIGN12 MENT.—Upon the sale or assignment of a 

13 loan under this paragraph, the guaranty 

14 agency or other holder of the loan shall re15 port that sale or assignment to any con16 sumer reporting agency to which the guar17 anty agency or other holder reported the 

18 default of the loan, and request that the 

19 record of default be removed from the bor20 rower’s credit history. 

21 ‘‘(ii) REMOVAL FROM CREDIT RE22 PORTS.—Notwithstanding paragraphs (4) 

23 and (5) of section 605(a) of the Fair Cred24 it Reporting Act (15 U.S.C. 1681c(a)(4) 

25 and (5)) and section 430A(f) of this Act, 


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1 no consumer reporting agency shall include 

2 adverse information on any loan sold or as3 signed under this paragraph (or any de4 faulted loan held by the Secretary, on 

5 which the borrower has made 9 payments 

6 within 20 days of the due date during 10 

7 consecutive months of amounts owed on 

8 the defaulted loan), in a report regarding 

9 a borrower whose loan is reported sold or 

10 assigned by the guaranty agency (or a bor11 rower of a defaulted loan who is reported 

12 by the Secretary as having made such pay13 ments). The consumer reporting agency 

14 shall, within 10 days of receiving such no15 tice from the guaranty agency (or the Sec16 retary, as the case may be) of such sale or 

17 assignment, exclude such adverse informa18 tion from any reports. 

19 ‘‘(D) DUTIES UPON SALE.—With respect 

20 to a loan sold under subparagraph (A)(i)— 

21 ‘‘(i) the guaranty agency— 

22 ‘‘(I) shall repay the Secretary 

23 81.5 percent of the amount of the 

24 principal balance outstanding at the 

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1 insurance percentage in effect when 

2 payment under the guaranty agree3 ment was made with respect to the 

4 loan; and 

5 ‘‘(II) may, in order to defray col6 lection costs— 

7 ‘‘(aa) charge to the borrower 

8 an amount of not to exceed 18.5 

9 percent of the outstanding prin10 cipal and interest at the time of 

11 the loan sale; and 

12 ‘‘(bb) retain such amount 

13 from the proceeds of the loan 

14 sale; and 

15 ‘‘(ii) the Secretary shall reinstate the 

16 Secretary’s obligation to— 

17 ‘‘(I) reimburse the guaranty 

18 agency for the amount that the agen19 cy may, in the future, expend to dis20 charge its guaranty obligation; and 

21 ‘‘(II) pay to the holder of such 

22 loan a special allowance pursuant to 

23 section 438. 


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1 ‘‘(E) DUTIES UPON ASSIGNMENT.—With 

2 respect to a loan assigned under subparagraph 

3 (A)(ii)— 

4 ‘‘(i) the guaranty agency shall add to 

5 the principal and interest outstanding at 

6 the time of the assignment of such loan an 

7 amount equal to the amount described in 

8 subparagraph (D)(i)(II); and 

9 ‘‘(ii) the Secretary shall pay the guar10 anty agency, for deposit in the agency’s 

11 Operating Fund established pursuant to 

12 section 422B, an amount equal to the 

13 amount added to the principal and interest 

14 outstanding at the time of the assignment 

15 in accordance with clause (i). 

16 ‘‘(F) ELIGIBLE LENDER LIMITATION.—A 

17 loan shall not be sold to an eligible lender under 

18 subparagraph (A)(i) if such lender has been 

19 found by the guaranty agency or the Secretary 

20 to have substantially failed to exercise the due 

21 diligence required of lenders under this part. 

22 ‘‘(G) DEFAULT DUE TO ERROR.—A loan 

23 that does not meet the requirements of sub24 paragraph (A) may also be eligible for sale or 

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1 mination that the loan was in default due to 

2 clerical or data processing error and would not, 

3 in the absence of such error, be in a delinquent 

4 status.’’; 

5 (ii) in paragraph (2)— 

6 (I) by striking ‘‘paragraph (1) of 

7 this subsection’’ and inserting ‘‘para8 graph (1)(A)(i)’’; and 

9 (II) by striking ‘‘paragraph 

10 (1)(B)(ii) of this subsection’’ and in11 serting ‘‘paragraph (1)(D)(ii)(I)’’; 

12 (iii) in paragraph (3)— 

13 (I) by striking ‘‘sold under para14 graph (2)’’ and inserting ‘‘sold or as15 signed under paragraph (1)(A)’’; and 

16 (II) by striking ‘‘sale.’’ and in17 serting ‘‘sale or assignment.’’; 

18 (iv) in paragraph (4), by striking 

19 ‘‘which is sold under paragraph (1) of this 

20 subsection’’ and inserting ‘‘that is sold or 

21 assigned under paragraph (1)’’; and 

22 (v) in paragraph (5), by inserting 

23 ‘‘(whether by loan sale or assignment)’’ 

24 after ‘‘rehabilitating a loan’’; and 


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1 (B) in subsection (b), in the first sentence, 

2 by inserting ‘‘or assigned to the Secretary’’ 

3 after ‘‘sold to an eligible lender’’. 

4 (2) EFFECTIVE DATE.—The amendments made 

5 by paragraph (1) shall be effective on the date of en6 actment of this Act, and shall apply to any loan on 

7 which monthly payments described in section 

8 428F(a)(1)(A) were paid before, on, or after such 

9 date of enactment. 

10 (e) REPAYMENT IN FULL FOR DEATH AND DIS11 ABILITY.— 

12 (1) IN GENERAL.—Section 437(a)(1) (20 

13 U.S.C. 1087(a)(1)), as amended by section 437 of 

14 the Higher Education Opportunity Act (Public Law 

15 110–315), is amended— 

16 (A) in the matter preceding subparagraph 

17 (A), by striking ‘‘Secretary),, or if’’ and insert18 ing ‘‘Secretary), or if’’; and 

19 (B) in subparagraph (B), by inserting ‘‘the 

20 reinstatement and resumption to be’’ after ‘‘de21 termines’’. 

22 (2) EFFECTIVE DATE.—The amendments made 

23 by paragraph (1) shall be effective as if enacted as 

24 part of the amendments in section 437(a) of the 


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1 Higher Education Opportunity Act (Public Law 

2 110–315), and shall take effect on July 1, 2010. 

3 (f) OTHER AMENDMENTS.—Part B of title IV (20 

4 U.S.C. 1071 et seq.) is further amended— 

5 (1) in section 428 (20 U.S.C. 1078)— 

6 (A) in subsection (a)(2)(A)(i)(II), by strik7 ing ‘‘and’’ after the semicolon at the end; 

8 (B) in subsection (b)— 

9 (i) in the matter following subclause 

10 (II) of paragraph (1)(M)(i), by inserting 

11 ‘‘section’’ before ‘‘428B’’; 

12 (ii) in paragraph (3)(A)(i), by striking 

13 ‘‘any institution of higher education or the 

14 employees of an institution of higher edu15 cation’’ and inserting ‘‘any institution of 

16 higher education, any employee of an insti17 tution of higher education, or any indi18 vidual or entity’’; 

19 (iii) in paragraph (4), by striking 

20 ‘‘For the purpose of paragraph 

21 (1)(M)(i)(III) of this subsection,’’ and in22 serting ‘‘With respect to the graduate fel23 lowship program referred to in paragraph 

24 (1)(M)(i)(II),’’; and 

25 (iv) in paragraph (7)— 


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1 (I) in subparagraph (B), by 

2 striking ‘‘clause (i) or (ii) of’’; and 

3 (II) in subparagraph (D), by 

4 striking ‘‘subparagraph (A)(i)’’ and 

5 inserting ‘‘subparagraph (A)’’; and 

6 (C) in subsection (c)(9)(K), by striking ‘‘3 

7 months’’ and inserting ‘‘6 months’’; 

8 (2) in section 428B(e) (20 U.S.C. 1078–2(e))— 

9 (A) in paragraph (3)(B), by striking ‘‘sub10 section (c)(5)(B)’’ and inserting ‘‘subsection 

11 (d)(5)(B)’’; and 

12 (B) by repealing paragraph (5); 

13 (3) in section 428C (20 U.S.C. 1078–3)— 

14 (A) in subsection (a)(4)(E), by striking 

15 ‘‘subpart II of part B’’ and inserting ‘‘part E’’; 

16 (B) in subsection (c)(2), by striking ‘‘sub17 section (b)(2)(F)’’ and inserting ‘‘subsection 

18 (b)(2)’’; 

19 (C) in subsection (d)(3)(D), by striking 

20 ‘‘loan insurance fund’’ and inserting ‘‘loan in21 surance account’’; and 

22 (D) in subsection (f)(3), by striking ‘‘sub23 section (a)’’ and inserting ‘‘this subsection’’; 

24 (4) in section 428G(c) (20 U.S.C. 1078–7(c))— 


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1 (A) in paragraph (1), by striking ‘‘section 

2 428(a)(2)(A)(i)(III)’’ and inserting ‘‘section 

3 428(a)(2)(A)(i)(II)’’; and 

4 (B) by striking paragraph (3) and insert5 ing the following: 

6 ‘‘(3) notwithstanding subsection (a)(2), may, 

7 with the permission of the borrower, be disbursed by 

8 the lender on a weekly or monthly basis, provided 

9 that the proceeds of the loan are disbursed by the 

10 lender in substantially equal weekly or monthly in11 stallments, as the case may be, over the period of 

12 enrollment for which the loan is made.’’; 

13 (5) in section 428H (20 U.S.C. 1078–8)— 

14 (A) in subsection (d), by amending the text 

15 of the header of paragraph (2) to read as fol16 lows: ‘‘LIMITS FOR GRADUATE, PROFESSIONAL, 

17 AND INDEPENDENT POSTBACCALAUREATE STU18 DENTS’’; and 

19 (B) by amending paragraph (6) to read as 

20 follows: 

21 ‘‘(6) REPAYMENT PERIOD.—For purposes of 

22 calculating the repayment period under section 

23 428(b)(9), such period shall commence at the time 

24 the first payment of principal is due from the bor25 rower.’’; 


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1 (6) in section 428J (20 U.S.C. 1078–10)— 

2 (A) in subsection (c)(1), by adding at the 

3 end the following: ‘‘No borrower may receive a 

4 reduction of loan obligations under both this 

5 section and section 460.’’; and 

6 (B) in subsection (g)(2)— 

7 (i) in subparagraph (B), by inserting 

8 ‘‘or’’ after the semicolon at the end; 

9 (ii) by striking subparagraph (C); 

10 (iii) by redesignating subparagraph 

11 (D) as subparagraph (C); and 

12 (iv) in subparagraph (C), as redesig13 nated by clause (iii), by striking ‘‘12571’’ 

14 and inserting ‘‘12601’’; 

15 (7) in section 428K(g)(9)(B) (20 U.S.C. 1078– 

16 11(g)(9)(B)), by striking ‘‘under subsection (ll)(3) of 

17 such section (42 U.S.C. 1395x(ll)(3))’’ and inserting 

18 ‘‘under subsection (ll)(4) of such section (42 U.S.C. 

19 1395x(ll)(4))’’; 

20 (8) in section 430A(f) (20 U.S.C. 1080A(f)), by 

21 striking ‘‘(6)’’ each place it appears and inserting 

22 ‘‘(5)’’; 

23 (9) in section 432 (20 U.S.C. 1082)— 


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1 (A) in subsection (b), by striking ‘‘section 

2 1078 of this title’’ and inserting ‘‘section 428’’; 

3 and 

4 (B) in subsection (m)(1)(B)— 

5 (i) in clause (i), by inserting ‘‘and’’ 

6 after the semicolon at the end; and 

7 (ii) in clause (ii), by striking ‘‘; and’’ 

8 and inserting a period; 

9 (10) in section 435 (20 U.S.C. 1085)— 

10 (A) in subsection (a)(2)(C)(ii), by striking 

11 ‘‘a tribally controlled community college within 

12 the meaning of section 2(a)(4) of the Tribally 

13 Controlled Community College Assistance Act 

14 of 1978’’ and inserting ‘‘a tribally controlled 

15 college or university, as defined in section 

16 2(a)(4) of the Tribally Controlled Colleges and 

17 Universities Assistance Act of 1978’’; 

18 (B) in subsection (d)— 

19 (i) in paragraph (1)— 

20 (I) in subparagraph (A)(ii)(III), 

21 by striking ‘‘section 501(1) of such 

22 Code’’ and inserting ‘‘section 501(a) 

23 of such Code’’; and 

24 (II) in subparagraph (G), by 

25 striking ‘‘sections 428A(d), 428B(d), 


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1 and 428C,’’ and inserting ‘‘sections 

2 428B(d) and 428C,’’; 

3 (ii) in paragraph (2)(A)(vi), by strik4 ing ‘‘section 435(m)’’ and inserting ‘‘sub5 section (m)’’; 

6 (iii) in paragraph (3), by striking 

7 ‘‘section 435(m)’’ and inserting ‘‘sub8 section (m)’’; and 

9 (iv) in paragraph (5)(A), by striking 

10 ‘‘to any institution of higher education or 

11 any employee of an institution of higher 

12 education in order to secure applicants for 

13 loans under this part’’ and inserting ‘‘to 

14 any institution of higher education, any 

15 employee of an institution of higher edu16 cation, or any individual or entity in order 

17 to secure applicants for loans under this 

18 part’’; 

19 (C) in subsection (o)(1)(A)(ii), by striking 

20 ‘‘Service’’ and inserting ‘‘Services’’; and 

21 (D) in subsection (p)(1), by striking ‘‘sec22 tion 771’’ and inserting ‘‘section 781’’; 

23 (11) in section 438(b)(2) (20 U.S.C. 1087– 

24 1(b)(2))— 


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1 (A) in the second sentence of subpara2 graph (A), by striking ‘‘427A(f)’’ and inserting 

3 ‘‘427A(i)’’; 

4 (B) in the first sentence of subparagraph 

5 (B)(i), by striking ‘‘1954’’ and inserting 

6 ‘‘1986’’; and 

7 (C) in the second sentence of subpara8 graph (F), by striking ‘‘427A(f)’’ and inserting 

9 ‘‘427A(i)’’; and 

10 (12) in section 439(r)(2)(A)(i) (20 U.S.C. 

11 1087–2(r)(2)(A)(i)), by striking ‘‘appoint’’ and all 

12 that follows through ‘‘to conduct’’ and inserting ‘‘ap13 point and fix the compensation of such auditors and 

14 examiners as may be necessary to conduct’’. 

15 SEC. 403. FEDERAL WORK-STUDY PROGRAMS. 

16 Section 443 (42 U.S.C. 2753) is amended— 

17 (1) in subsection (b)(2), by striking ‘‘section 

18 443’’ and inserting ‘‘this section’’; 

19 (2) in subsection (d)(1), by striking ‘‘subsection 

20 (b)(2)(B)’’ and inserting ‘‘subsection (b)(2)(A)’’; 

21 and 

22 (3) in subsection (e)(1), by striking ‘‘in accord23 ance with such subsection’’. 


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1 SEC. 404. FEDERAL DIRECT LOAN PROGRAM. 

2 (a) TEMPORARY AUTHORITY TO PURCHASE

3 LOANS.—Section 459A (20 U.S.C. 1087i-1) is amended— 

4 (1) in subsection (a)— 

5 (A) in paragraph (2), in the matter pre6 ceding subparagraph (A), by striking ‘‘purchase 

7 of loans under this section’’ and inserting ‘‘pur8 chase of loans under paragraph (1)’’; and 

9 (B) by inserting after paragraph (2) the 

10 following new paragraph: 

11 ‘‘(3) TEMPORARY AUTHORITY TO PURCHASE

12 REHABILITATED LOANS.— 

13 ‘‘(A) AUTHORITY.—In addition to the au14 thority described in paragraph (1), the Sec15 retary, in consultation with the Secretary of the 

16 Treasury, is authorized to purchase, or enter 

17 into forward commitments to purchase, from 

18 any eligible lender (as defined in section 

19 435(d)(1)), loans that such lender purchased 

20 under section 428F on or after October 1, 

21 2003, and before July 1, 2010, and that are 

22 not in default, on such terms as the Secretary, 

23 the Secretary of the Treasury, and the Director 

24 of the Office of Management and Budget jointly 

25 determine are in the best interest of the United 

26 States, except that any purchase under this secVerDate Nov 24 2008 04:49 Apr 01, 2009 Jkt 079200 PO 00000 Frm 00027 Fmt 6652 Sfmt 6201 E:\BILLS\H1777.RFS H1777

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1 tion shall not result in any net cost to the Fed2 eral Government (including the cost of servicing 

3 the loans purchased), as determined jointly by 

4 the Secretary, the Secretary of the Treasury, 

5 and the Director of the Office of Management 

6 and Budget. 

7 ‘‘(B) FEDERAL REGISTER NOTICE.—The 

8 Secretary, the Secretary of the Treasury, and 

9 the Director of the Office of Management and 

10 Budget, shall jointly publish a notice in the 

11 Federal Register prior to any purchase of loans 

12 under this paragraph that— 

13 ‘‘(i) establishes the terms and condi14 tions governing the purchases authorized 

15 by this paragraph; 

16 ‘‘(ii) includes an outline of the meth17 odology and factors that the Secretary, the 

18 Secretary of the Treasury, and the Direc19 tor of the Office of Management and 

20 Budget, will jointly consider in evaluating 

21 the price at which to purchase loans reha22 bilitated pursuant to section 428F(a); and 

23 ‘‘(iii) describes how the use of such 

24 methodology and consideration of such fac25 tors used to determine purchase price will 


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1 ensure that loan purchases do not result in 

2 any net cost to the Federal Government 

3 (including the cost of servicing the loans 

4 purchased).’’; and 

5 (2) by amending subsection (b) to read as fol6 lows: 

7 ‘‘(b) PROCEEDS.—The Secretary shall require, as a 

8 condition of any purchase under subsection (a), that the 

9 funds paid by the Secretary to any eligible lender under 

10 this section shall be used— 

11 ‘‘(1) to ensure continued participation of such 

12 lender in the Federal student loan programs author13 ized under part B of this title; and 

14 ‘‘(2)(A) in the case of loans purchased pursuant 

15 to subsection (a)(1), to originate new Federal loans 

16 to students, as authorized under part B of this title; 

17 or 

18 ‘‘(B) in the case of loans purchased pursuant to 

19 subsection (a)(3), to originate such new Federal 

20 loans to students, or to purchase loans in accordance 

21 with section 428F(a).’’. 

22 (b) OTHER AMENDMENTS.—Part D of title IV (20 

23 U.S.C. 1087a et seq.) is amended— 

24 (1) by repealing paragraph (3) of section 453(c) 

25 (20 U.S.C. 1087c(c)); 


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1 (2) in section 455 (20 U.S.C. 1087e)— 

2 (A) in subsection (d)(1)(C), by striking 

3 ‘‘428(b)(9)(A)(v)’’ and inserting 

4 ‘‘428(b)(9)(A)(iv)’’; 

5 (B) in subsection (h), by striking ‘‘(except 

6 as authorized under section 457(a)(1))’’; and 

7 (C) in subsection (k)(1)(B), by striking ‘‘, 

8 or in a notice under section 457(a)(1),’’; 

9 (3) by repealing section 457 (20 U.S.C. 1087g); 

10 and 

11 (4) in section 460 (20 U.S.C. 1087j)— 

12 (A) in subsection (c)(1), by adding at the 

13 end the following: ‘‘No borrower may receive a 

14 reduction of loan obligations under both this 

15 section and section 428J.’’; and 

16 (B) in subsection (g)(2)— 

17 (i) by striking subparagraph (A); 

18 (ii) by redesignating subparagraphs 

19 (B) through (D) as subparagraphs (A) 

20 through (C), respectively; and 

21 (iii) in subparagraph (C), as redesig22 nated by clause (ii), by striking ‘‘12571’’ 

23 and inserting ‘‘12601’’. 


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1 SEC. 405. FEDERAL PERKINS LOANS. 

2 Part E of title IV (20 U.S.C. 1087aa et seq.) is 

3 amended— 

4 (1) in section 462(a)(1) (20 U.S.C. 

5 1087bb(a)(1)), by striking subparagraph (A) and in6 serting the following: 

7 ‘‘(A) 100 percent of the amount received under 

8 subsections (a) and (b) of this section for fiscal year 

9 1999 (as such subsections were in effect with respect 

10 to allocations for such fiscal year), multiplied by’’; 

11 (2) in section 463(c) (20 U.S.C. 1087cc(c))— 

12 (A) in paragraph (2)— 

13 (i) by moving the margins of subpara14 graph (A) 2 ems to the left; and 

15 (ii) by striking subparagraph (B) and 

16 inserting the following: 

17 ‘‘(B) information concerning the repayment and 

18 collection of any such loan, including information 

19 concerning the status of such loan; and’’; and 

20 (B) in paragraph (3), by striking ‘‘(6)’’ 

21 each place it appears and inserting ‘‘(5)’’; 

22 (3) in the first sentence of the matter preceding 

23 paragraph (1) of section 463A(a) (20 U.S.C. 

24 1087cc–1(a)), by striking ‘‘, in order to carry out 

25 the provisions of section 463(a)(8),’’; 

26 (4) in section 464 (20 U.S.C. 1087dd)— 


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1 (A) in subsection (c)— 

2 (i) in paragraph (1)(D)— 

3 (I) by striking ‘‘(I)’’ and insert4 ing ‘‘(i)’’; and 

5 (II) by striking ‘‘(II)’’ and insert6 ing ‘‘(ii)’’; and 

7 (ii) in paragraph (2)(A)(iii)— 

8 (I) by aligning the margin of the 

9 matter preceding subclause (I) with 

10 the margins of clause (ii); 

11 (II) by aligning the margins of 

12 subclauses (I) and (II) with the mar13 gins of clause (i)(I); and 

14 (III) by aligning the margins of 

15 the matter following subclause (ii) 

16 with the margins of the matter fol17 lowing subclause (II) of clause (i); and 

18 (B) in subsection (g)(5), by striking ‘‘cred19 it bureaus’’ and inserting ‘‘consumer reporting 

20 agencies’’; 

21 (5) in section 465(a)(6) (20 U.S.C. 

22 1087ee(a)(6)), by striking ‘‘12571’’ and inserting 

23 ‘‘12601’’; 


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1 (6) in section 467(b) (20 U.S.C. 1087gg(b)), by 

2 striking ‘‘paragraph (5)(A), (5)(B)(i), or (6)’’ and 

3 inserting ‘‘paragraph (4) or (5)’’; and 

4 (7) in section 469(c) (20 U.S.C. 1087ii(c)), by 

5 striking ‘‘and the term’’ and all that follows through 

6 the period at the end and inserting ‘‘and the term 

7 ‘early intervention services’ has the meaning given 

8 the term in section 632 of such Act.’’. 

9 SEC. 406. NEED ANALYSIS. 

10 (a) AMENDMENTS.—Part F of title IV (20 U.S.C. 

11 1087kk et seq.) is amended— 

12 (1) in section 473 (20 U.S.C. 1087mm)— 

13 (A) by striking ‘‘For the purpose of this 

14 title, except subpart 2 of part A,’’ and inserting 

15 ‘‘(a) IN GENERAL.—For the purpose of this 

16 title, other than subpart 2 of part A, and except 

17 as provided in subsection (b),’’; and 

18 (B) by adding at the end the following: 

19 ‘‘(b) SPECIAL RULE.— 

20 ‘‘(1) IN GENERAL.—Notwithstanding any other 

21 provision of this title, the family contribution of each 

22 student described in paragraph (2) shall be deemed 

23 to be zero for the academic year for which the deter24 mination is made. 


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1 ‘‘(2) APPLICABILITY.—Paragraph (1) shall 

2 apply to any dependent or independent student with 

3 respect to determinations of need for academic year 

4 2009–2010 and succeeding academic years— 

5 ‘‘(A) who is eligible to receive a Federal 

6 Pell Grant for the academic year for which the 

7 determination is made; 

8 ‘‘(B) whose parent or guardian was a 

9 member of the Armed Forces of the United 

10 States and died as a result of performing mili11 tary service in Iraq or Afghanistan after Sep12 tember 11, 2001; and 

13 ‘‘(C) who, at the time of the parent or 

14 guardian’s death, was— 

15 ‘‘(i) less than 24 years of age; or 

16 ‘‘(ii) was enrolled at an institution of 

17 higher education on not less than a part18 time basis. 

19 ‘‘(3) INFORMATION.—Notwithstanding any 

20 other provision of law, the Secretary of Veterans Af21 fairs and the Secretary of Defense, as appropriate, 

22 shall provide the Secretary of Education with infor23 mation necessary to determine which students meet 

24 the requirements of paragraph (2).’’; 


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1 (2) in section 475(c)(5)(B) (20 U.S.C. 

2 1087oo(c)(5)(B)), by inserting ‘‘of 1986’’ after 

3 ‘‘Code’’; 

4 (3) in section 477(b)(5)(B) (20 U.S.C. 

5 1087qq(b)(5)(B)), by inserting ‘‘of 1986’’ after 

6 ‘‘Code’’; 

7 (4) in section 479 (20 U.S.C. 1087ss)— 

8 (A) in subsection (b) (as amended by sec9 tion 602 of the College Cost Reduction and Ac10 cess Act (110–84))— 

11 (i) in paragraph (1)(A)(i), by amend12 ing subclause (III) to read as follows: 

13 ‘‘(III) include at least one parent 

14 who is a dislocated worker; or’’; 

15 (ii) in paragraph (1)(B)(i), by amend16 ing subclause (III) to read as follows: 

17 ‘‘(III) is a dislocated worker or is 

18 married to a dislocated worker; or’’; 

19 and 

20 (B) in subsection (c) (as amended by such 

21 section 602)— 

22 (i) in paragraph (1)(A), by amending 

23 clause (iii) to read as follows: 

24 ‘‘(iii) include at least one parent who 

25 is a dislocated worker; or’’; and 


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1 (ii) in paragraph (2)(A), by amending 

2 clause (iii) to read as follows: 

3 ‘‘(iii) is a dislocated worker or is mar4 ried to a dislocated worker; or’’; 

5 (5) in section 479C (20 U.S.C. 1087uu–1)— 

6 (A) in paragraph (1), by striking ‘‘under’’ 

7 and all that follows through ‘‘; and’’ and insert8 ing ‘‘under Public Law 98–64 (25 U.S.C. 11a 

9 et seq.; 97 Stat. 365) (commonly known as the 

10 ‘Per Capita Act ’ or Public Law 93–134 (25 

11 U.S.C. 1401 et seq.; 87 Stat. 466)(commonly 

12 known as the ‘Indian Tribal Judgment Funds 

13 Use or Distribution Act’); and’’; and 

14 (B) in paragraph (2)— 

15 (i) by striking ‘‘Alaskan’’ and insert16 ing ‘‘Alaska’’; 

17 (ii) by inserting ‘‘(43 U.S.C. 1601 et 

18 seq.)’’ before ‘‘or the’’; and 

19 (iii) by inserting ‘‘of 1980 (25 U.S.C. 

20 1721 et seq.)’’ after ‘‘Maine Indian Claims 

21 Settlement Act’’; 

22 (6) in section 480(a)(2) (20 U.S.C. 

23 1087vv(a)(2)), by striking ‘‘12571’’ and inserting 

24 ‘‘12511’’; 


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1 (7) in section 480(c)(2) (20 U.S.C. 

2 1087vv(c)(2))— 

3 (A) in the matter preceding subparagraph 

4 (A), by striking ‘‘the following’’ and inserting 

5 ‘‘benefits under the following provisions of law’’; 

6 and 

7 (B) by striking subparagraphs (A) through 

8 (J) and inserting the following: 

9 ‘‘(A) Chapter 103 of title 10, United States 

10 Code (Senior Reserve Officers’ Training Corps). 

11 ‘‘(B) Chapter 1606 of title 10, United States 

12 Code (Selected Reserve Educational Assistance Pro13 gram). 

14 ‘‘(C) Chapter 1607 of title 10, United States 

15 Code (Educational Assistance Program for Reserve 

16 Component Members Supporting Contingency Oper17 ations and Certain Other Operations). 

18 ‘‘(D) Chapter 30 of title 38, United States 

19 Code (All-Volunteer Force Educational Assistance 

20 Program, also known as the ‘Montgomery GI Bill— 

21 active duty’). 

22 ‘‘(E) Chapter 31 of title 38, United States Code 

23 (Training and Rehabilitation for Veterans with Serv24 ice-Connected Disabilities). 


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1 ‘‘(F) Chapter 32 of title 38, United States Code 

2 (Post-Vietnam Era Veterans’ Educational Assistance 

3 Program). 

4 ‘‘(G) Chapter 33 of title 38, United States Code 

5 (post-9/11 educational assistance). 

6 ‘‘(H) Chapter 35 of title 38, United States 

7 Code (Survivors’ and Dependents Educational As8 sistance Program). 

9 ‘‘(I) Section 903 of the Department of Defense 

10 Authorization Act, 1981 (10 U.S.C. 2141 note) 

11 (Educational Assistance Pilot Program). 

12 ‘‘(J) Section 156(b) of the ‘Joint Resolution 

13 making further continuing appropriations and pro14 viding for productive employment for the fiscal year 

15 1983, and for other purposes’ (42 U.S.C. 402 note) 

16 (Restored Entitlement Program for Survivors, also 

17 known as ‘Quayle benefits’).’’; and 

18 (8) in section 480(j)(1) (20 U.S.C. 

19 1087vv(j)(1)), by striking ‘‘12571’’ and inserting 

20 ‘‘12511’’. 

21 (b) EFFECTIVE DATE.—The amendments made by 

22 paragraph (1)(B) of subsection (a) shall take effect on 

23 July 1, 2009, and the amendments made by paragraph 

24 (4) of such subsection shall be effective as if enacted as 


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1 part of the amendments in section 602(a) of the College 

2 Cost Reduction and Access Act (Public Law 110–84). 

3 (c) HIGHER EDUCATION OPPORTUNITY ACT.—Sec4 tion 473(f) of the Higher Education Opportunity Act 

5 (Public Law 110–315) is amended by inserting ‘‘, except 

6 that the amendments made in subsection (e) shall take 

7 effect on July 1, 2009’’ before the period at the end. 

8 SEC. 407. GENERAL PROVISIONS OF TITLE IV. 

9 (a) DELAYED IMPLEMENTATION OF EZ FAFSA.— 

10 Notwithstanding any other provision of law, the Secretary 

11 of Education shall be required to carry out the require12 ments under the following provisions of section 483 of the 

13 Higher Education Act of 1965 (20 U.S.C. 1090) only for 

14 academic year 2010–2011 and subsequent academic years: 

15 (1) In subsection (a) of such section— 

16 (A) subparagraphs (A)(i) and (B) of para17 graph (2); 

18 (B) in paragraph (3)— 

19 (i) the second sentence of subpara20 graph (A); 

21 (ii) clauses (i) and (ii) of subpara22 graph (B); and 

23 (iii) subparagraph (C); 

24 (C) paragraph (4)(A)(iv); and 

25 (D) paragraph (5)(E). 


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1 (2) Subsection (h) of such section. 

2 (b) OTHER AMENDMENTS.—Part G of title IV (20 

3 U.S.C. 1088 et seq.) is amended— 

4 (1) in the matter preceding paragraph (1) of 

5 section 481(c) (20 U.S.C. 1088(c)), by striking ‘‘or 

6 any State, or private, profit or nonprofit organiza7 tion’’ and inserting ‘‘any State, or any private, for8 profit or nonprofit organization,’’; 

9 (2) in section 482(b) (20 U.S.C. 1089(b)), by 

10 striking ‘‘413D(e), 442(e), or 462(j)’’ and inserting 

11 ‘‘413D(d), 442(d), or 462(i)’’; 

12 (3) in section 483 (20 U.S.C. 1090)— 

13 (A) in subsection (a)(3)(C), by inserting 

14 ‘‘that’’ after ‘‘except’’; and 

15 (B) in subsection (e)(8)(A), by striking 

16 ‘‘identify’’ and inserting ‘‘determine’’; 

17 (4) in section 484 (20 U.S.C. 1091)— 

18 (A) in the matter preceding subparagraph 

19 (A) of subsection (a)(4), by striking ‘‘certifi20 cation,,’’ and inserting ‘‘certification,’’; 

21 (B) in subsection (b)(1)(B)— 

22 (i) by striking ‘‘have (A)’’ and insert23 ing ‘‘have (i)’’; and 

24 (ii) by striking ‘‘and (B)’’ and insert25 ing ‘‘and (ii)’’; 


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1 (C) in subsection (f)(1), by striking ‘‘part 

2 B’’ and all that follows through ‘‘part E’’ in 

3 each place that the phrase occurs and inserting 

4 ‘‘part B, part D, or part E’’; 

5 (D) in subsection (h)— 

6 (i) in paragraph (2), by striking 

7 ‘‘(h)(4)(A)(i)’’ and inserting 

8 ‘‘(g)(4)(A)(i)’’; and 

9 (ii) in paragraph (3), by striking 

10 ‘‘(h)(4)(B)(i)’’ and inserting 

11 ‘‘(g)(4)(B)(i)’’; and 

12 (E) in subsection (n), by striking ‘‘section 

13 1113 of Public Law 97–252’’ and inserting 

14 ‘‘section 12(f) of the Military Selective Service 

15 Act (50 U.S.C. App. 462(f))’’; 

16 (5) in section 485 (20 U.S.C. 1092)— 

17 (A) in subsection (a)— 

18 (i) in paragraph (1)— 

19 (I) the matter preceding subpara20 graph (A), by striking ‘‘also referred 

21 to as the Family Educational Rights 

22 and Privacy Act of 1974’’ and insert23 ing ‘‘commonly known as the ‘Family 

24 Educational Rights and Privacy Act 

25 of 1974’ ’’; and 


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1 (II) in subparagraph (I), by 

2 striking ‘‘handicapped students’’ and 

3 inserting ‘‘students with disabilities’’; 

4 (ii) in paragraph (4)(B), by inserting 

5 ‘‘during which’’ after ‘‘time period’’; and 

6 (iii) in the matter preceding subclause 

7 (I) of paragraph (7)(B)(iv), by inserting 

8 ‘‘education’’ after ‘‘higher’’; 

9 (B) in subsection (e)(3)(B), by inserting 

10 ‘‘during which’’ after ‘‘time period’’; 

11 (C) in subsection (f)— 

12 (i) in the matter preceding subpara13 graph (A) of paragraph (1), by inserting 

14 ‘‘of’’ after ‘‘foreign institution’’; and 

15 (ii) in paragraphs (3), (4)(A), (5), 

16 and (8)(A), by striking ‘‘under this title’’ 

17 each place it appears and inserting ‘‘under 

18 this title, other than a foreign institution 

19 of higher education,’’; 

20 (D) in subsection (g)(2), by striking ‘‘sub21 paragraph (G)’’ and inserting ‘‘paragraph 

22 (1)(G)’’; 

23 (E) in subsection (i)— 

24 (i) in paragraph (2), by striking ‘‘eli25 gible institution participating in any proVerDate Nov 24 2008 04:49 Apr 01, 2009 Jkt 079200 PO 00000 Frm 00042 Fmt 6652 Sfmt 6201 E:\BILLS\H1777.RFS H1777

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1 gram under this title’’ and inserting ‘‘insti2 tution described in paragraph (1)’’; 

3 (ii) in paragraph (3), in the matter 

4 preceding subparagraph (A), by striking 

5 ‘‘eligible institution participating in any 

6 program under this title’’ and inserting 

7 ‘‘institution described in paragraph (1)’’; 

8 and 

9 (iii) in paragraph (5)(B), by striking 

10 ‘‘the Family Educational Rights and Pri11 vacy Act of 1974’’ and inserting ‘‘com12 monly known as the ‘Family Educational 

13 Rights and Privacy Act of 1974’ ’’; 

14 (F) in subsection (k)(2), by inserting ‘‘sec15 tion’’ before ‘‘484(r)(1)’’; and 

16 (G) in the matter preceding clause (i) of 

17 subsection (l)(1)(A), by striking ‘‘subparagraph 

18 (B)’’ and inserting ‘‘paragraph (2)’’; 

19 (6) in section 485A (20 U.S.C. 1092a)— 

20 (A) in subsection (a)— 

21 (i) by striking ‘‘or defined in subpart 

22 I of part C of title VII of the Public 

23 Health Service Act’’ and inserting ‘‘or an 

24 eligible lender as defined in section 719 of 


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1 the Public Health Service Act (42 U.S.C. 

2 292o)’’; and 

3 (ii) by striking ‘‘under subpart I of 

4 part C of title VII of the Public Health 

5 Service Act (known as Health Education 

6 Assistance Loans)’’ and inserting ‘‘under 

7 part A of title VII of the Public Health 

8 Service Act (42 U.S.C. 292 et seq.)’’; 

9 (B) in subsection (b), by striking ‘‘subpart 

10 I of part C of title VII of the Public Health 

11 Service Act’’ and inserting ‘‘part A of title VII 

12 of the Public Health Service Act (42 U.S.C. 

13 292 et seq.)’’; 

14 (C) in subsection (e)— 

15 (i) by striking ‘‘Health Education As16 sistance Loan’’ and inserting ‘‘loan under 

17 part A of title VII of the Public Health 

18 Service Act (42 U.S.C. 292 et seq.)’’; and 

19 (ii) in paragraph (2), by striking 

20 ‘‘733(e)(3)’’ and inserting ‘‘707(e)(3)’’; 

21 and 

22 (D) in subsection (f)— 

23 (i) in paragraph (1)— 

24 (I) in the second sentence, by 

25 striking ‘‘subpart I of part C of title 


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1 VII of the Public Health Service Act’’ 

2 and inserting ‘‘part A of title VII of 

3 the Public Health Service Act (42 

4 U.S.C. 292 et seq.)’’; and 

5 (II) in the fourth sentence, by 

6 striking ‘‘728(a)’’ and inserting 

7 ‘‘710’’; and 

8 (ii) in paragraph (2), by striking 

9 ‘‘subpart I of part C of title VII of the 

10 Public Health Service Act’’ and inserting 

11 ‘‘part A of title VII of the Public Health 

12 Service Act (42 U.S.C. 292 et seq.)’’; 

13 (7) in section 485B (20 U.S.C. 1092b)— 

14 (A) in subsection (a)(5), by striking ‘‘))’’ 

15 and inserting ‘‘)’’; and 

16 (B) in subsection (d)(3)(D), by striking 

17 ‘‘the Family Educational Rights and Privacy 

18 Act of 1974’’ and inserting ‘‘commonly known 

19 as the ‘Family Educational Rights and Privacy 

20 Act of 1974’ ’’; 

21 (8) in section 487 (20 U.S.C. 1094)— 

22 (A) in subsection (a)(23)(A), by inserting 

23 ‘‘of 1993’’ after ‘‘Registration Act’’; 

24 (B) in subsection (c)(1)— 


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1 (i) in subparagraph (A)(i), by striking 

2 ‘‘students receives’’ and inserting ‘‘stu3 dents receive’’; 

4 (ii) in subparagraph (F), by striking 

5 ‘‘paragraph (2)(B)’’ and inserting ‘‘para6 graph (3)(B)’’; and 

7 (iii) in subparagraph (H), by striking 

8 ‘‘paragraph (2)(B)’’ and inserting ‘‘para9 graph (3)(B)’’; 

10 (C) in subsection (f)(1), by striking 

11 ‘‘496(c)(4)’’ and inserting ‘‘496(c)(6)’’; and 

12 (D) in subsection (g)(1), by striking ‘‘sub13 section (f)(2)’’ and inserting ‘‘subsection 

14 (e)(2)’’; 

15 (9) in section 489(a) (20 U.S.C. 1096(a))— 

16 (A) in the third sentence, by striking ‘‘has 

17 agreed to assign under section 463(a)(6)(B)’’ 

18 and inserting ‘‘has referred under section 

19 463(a)(4)(B)’’; and 

20 (B) in the fourth sentence, by striking 

21 ‘‘484(h)’’ and inserting ‘‘484(g)’’; 

22 (10) in section 491(l)(2)(A) (20 U.S.C. 

23 1098(l)(2)(A)), by inserting ‘‘the’’ after ‘‘enactment 

24 of’’; and 

25 (11) in section 492(a) (20 U.S.C. 1098a(a))— 


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1 (A) in paragraph (1), by striking ‘‘regula2 tions’’ and all that follows through ‘‘The’’ and 

3 inserting ‘‘regulations for this title. The’’; and 

4 (B) in paragraph (2), by striking 

5 ‘‘ISSUES’’ and all that follows through ‘‘pro6 vide’’ and inserting ‘‘ISSUES.—The Secretary 

7 shall provide’’. 

8 SEC. 408. PROGRAM INTEGRITY. 

9 Part H of title IV (20 U.S.C. 1099a et seq.) is 

10 amended— 

11 (1) in section 496(a)(6)(G) (20 U.S.C. 

12 1099b(a)(6)(G)), by striking the period at the end 

13 and inserting a semicolon; and 

14 (2) in section 498(c)(2) (20 U.S.C. 

15 1099c(c)(2)), by striking ‘‘for profit’’ and inserting 

16 ‘‘for-profit’’. 

17 SEC. 409. PLUS LOAN AUCTION EXTENSION. 

18 (a) EXTENSION.—Section 499 (20 U.S.C. 1099d) is 

19 amended by striking ‘‘2009’’ each place it appears and 

20 inserting ‘‘2010’’. 

21 (b) TECHNICAL AMENDMENT.—Section 499(b)(1) 

22 (20 U.S.C. 1099d(b)(1)) is amended by striking ‘‘Commu23 nication’’ and inserting ‘‘Communications’’. 

24 (c) TIMING OF REPORTS.—Section 499(d)(1) (20 

25 U.S.C. 1099d(d)(1)) is amended— 


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1 (1) in subparagraph (A), by striking ‘‘2010’’ 

2 and inserting ‘‘2011’’; 

3 (2) in subparagraph (B), by striking ‘‘2012’’ 

4 and inserting ‘‘2013’’; and 

5 (3) in subparagraph (C), by striking ‘‘2013’’ 

6 and inserting ‘‘2014’’. 

7 TITLE V—DEVELOPING 

8 INSTITUTIONS 

9 SEC. 501. DEVELOPING INSTITUTIONS. 

10 Section 502(b)(2) (20 U.S.C. 1101a(b)(2)) is amend11 ed by striking ‘‘which determination’’ and inserting 

12 ‘‘which the determination’’. 

13 TITLE VI—INTERNATIONAL 

14 EDUCATION PROGRAMS 

15 SEC. 601. INTERNATIONAL EDUCATION PROGRAMS. 

16 (a) HIGHER EDUCATION ACT OF 1965.—Title VI (20 

17 U.S.C. 1121 et seq.) is amended— 

18 (1) in section 604(a) (20 U.S.C. 1124(a))— 

19 (A) in the matter preceding subparagraph 

20 (A) of paragraph (2), by inserting ‘‘the’’ before 

21 ‘‘Federal’’; and 

22 (B) in paragraph (7)(D), by striking ‘‘in23 stitution, combination’’ and inserting ‘‘appli24 cant, consortium,’’; and 


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1 (2) in section 622(a) (20 U.S.C. 1131–1(a)), by 

2 inserting a period after ‘‘title’’. 

3 (b) HIGHER EDUCATION OPPORTUNITY ACT.—The 

4 matter preceding paragraph (1) of section 621 of the 

5 Higher Education Opportunity Act (Public Law 110–315) 

6 is amended by striking ‘‘Section 631 (20 U.S.C. 1132)’’ 

7 and inserting ‘‘Section 631(a) (20 U.S.C. 1132(a))’’. 

8 TITLE VII—GRADUATE AND 

9 POSTSECONDARY IMPROVE10 MENT 

11 SEC. 701. GRADUATE AND POSTSECONDARY IMPROVEMENT 

12 PROGRAMS. 

13 Title VII (20 U.S.C. 1133 et seq.) is amended— 

14 (1) in the matter preceding paragraph (1) of 

15 section 721(d) (20 U.S.C. 1136(d)), by striking 

16 ‘‘services through’’ and all that follows through ‘‘re17 source centers’’ and inserting ‘‘services through pre18 college programs, undergraduate prelaw information 

19 resource centers’’; 

20 (2) in section 723(b)(1)(P) (20 U.S.C. 

21 1136a(b)(1)(P)), by striking ‘‘Sate’’ and inserting 

22 ‘‘State’’; 

23 (3) in section 744(c)(6)(C) (20 U.S.C. 

24 1138c(c)(6)(C)), by inserting ‘‘of the National Acad25 emies’’ after ‘‘Institute of Medicine’’; 


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1 (4) in section 760(1)(D) (20 U.S.C. 

2 1140(1)(D)), by inserting ‘‘with nondisabled stu3 dents’’ after ‘‘disabilities to participate’’; 

4 (5) in section 772 (20 U.S.C. 1140l)— 

5 (A) in subsection (a)(2)(A), by striking 

6 ‘‘with in’’ and inserting ‘‘with’’; and 

7 (B) in the matter preceding subclause (I) 

8 of subsection (b)(1)(C)(ii), by striking ‘‘sub9 paragraph (C)’’ and inserting ‘‘clause (i)’’; 

10 (6) in section 781 (20 U.S.C. 1141)— 

11 (A) in subsection (c)(1), by striking ‘‘Serv12 ice’’ each place the term appears and inserting 

13 ‘‘Services’’; 

14 (B) in the matter preceding paragraph (1) 

15 of subsection (e)— 

16 (i) by striking ‘‘(as defined’’ and all 

17 that follows through ‘‘this Act)’’ and in18 serting ‘‘(as described in section 435(p))’’; 

19 and 

20 (ii) by striking ‘‘435(j)’’ and inserting 

21 ‘‘428(b)’’; 

22 (C) in subsection (g)(2), by striking ‘‘Serv23 ice’’ and inserting ‘‘Services’’; and 

24 (D) in subsection (i)— 


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1 (i) in paragraph (1)(D), by striking 

2 ‘‘consortia’’ and inserting ‘‘consortium’’; 

3 and 

4 (ii) in paragraph (2)— 

5 (I) in the paragraph heading, by 

6 striking ‘‘CONSORTIA’’ and inserting 

7 ‘‘CONSORTIUM’’; and 

8 (II) by striking ‘‘consortia’’ each 

9 place the term appears and inserting 

10 ‘‘consortium’’. 

11 TITLE VIII—ADDITIONAL 

12 PROGRAMS 

13 SEC. 801. ADDITIONAL PROGRAMS. 

14 Title VIII (20 U.S.C. 1161a et seq.) is amended— 

15 (1) in section 802(d)(2)(D) (20 U.S.C. 

16 1161b(d)(2)(D)), by striking ‘‘regulation’’ and in17 serting ‘‘regulations’’; 

18 (2) in section 804(d) (20 U.S.C. 

19 1161d(d)(2))— 

20 (A) in the heading, by striking ‘‘DEFINI21 TION’’ and inserting ‘‘DEFINITIONS’’; and 

22 (B) by striking paragraph (2) and insert23 ing the following: 

24 ‘‘(2) PUBLIC HEALTH SERVICE ACT.—The 

25 terms ‘accredited’ and ‘school of nursing’ have the 


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1 meanings given those terms in section 801 of the 

2 Public Health Service Act (42 U.S.C. 296).’’; 

3 (3) in section 808(a)(1) (20 U.S.C. 

4 1161h(a)(1)), by striking ‘‘the Family Education 

5 Rights and Privacy Act of 1974’’ and inserting ‘‘sec6 tion 444 of the General Education Provisions Act 

7 (commonly known as the ‘Family Educational 

8 Rights and Privacy Act of 1974’)’’; 

9 (4) in section 819(b)(3) (20 U.S.C. 

10 1161j(b)(3)), by inserting a period after ‘‘101(a)’’; 

11 (5) in section 820 (20 U.S.C. 1161k)— 

12 (A) in subsection (d)(5), by inserting ‘‘the’’ 

13 before ‘‘grant’’; 

14 (B) in subsection (f)(2), by striking ‘‘sub15 part’’ each place the term appears and inserting 

16 ‘‘section’’; and 

17 (C) in subsection (h), by striking ‘‘use’’ 

18 and inserting ‘‘used’’; 

19 (6) in section 821 (20 U.S.C. 1161l)— 

20 (A) in subsection (a)(1), by striking ‘‘sub21 section (g)’’ and inserting ‘‘subsection (f)’’; and 

22 (B) in subsection (c)(1)(B), by striking 

23 ‘‘within’’ and inserting ‘‘in’’; 

24 (7) in section 824(f)(3) (20 U.S.C. 1161l– 

25 3(f)(3))— 


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1 (A) in subparagraph (A), by inserting ‘‘a’’ 

2 after ‘‘submitting’’; and 

3 (B) in subparagraph (C), by striking 

4 ‘‘pursing’’ and inserting ‘‘pursuing’’; 

5 (8) in section 825(a) (20 U.S.C. 1161l-4(a)), by 

6 striking ‘‘the Family Educational Rights and Pri7 vacy Act of 1974’’ and inserting ‘‘commonly known 

8 as the ‘Family Educational Rights and Privacy Act 

9 of 1974’ ’’; 

10 (9) in section 826(3) (20 U.S.C. 1161l-5(3)), 

11 by striking ‘‘the Family Educational Rights and Pri12 vacy Act of 1974’’ and inserting ‘‘commonly known 

13 as the ‘Family Educational Rights and Privacy Act 

14 of 1974’ ’’; 

15 (10) in section 830(a)(1)(B) (20 U.S.C. 

16 1161m(a)(1)(B)), by striking ‘‘of for’’ and inserting 

17 ‘‘of’’; 

18 (11) in section 833(e)(1) (20 U.S.C. 1161n– 

19 2(e)(1))— 

20 (A) in the matter preceding subparagraph 

21 (A), by striking ‘‘because of’’ and inserting 

22 ‘‘based on’’; and 

23 (B) in subparagraph (D), by striking ‘‘sec24 tion’’ and inserting ‘‘part’’; 


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1 (12) in section 841(c)(1) (20 U.S.C. 

2 1161o(c)(1)), by striking ‘‘486A(d)’’ and inserting 

3 ‘‘486A(b)(1)’’; 

4 (13) in section 851(j) (20 U.S.C. 1161p(j)), by 

5 inserting ‘‘to be appropriated’’ after ‘‘authorized’’; 

6 and 

7 (14) in section 894(b)(2) (20 U.S.C. 

8 1161y(b)(2)), by striking ‘‘the Family Educational 

9 Rights and Privacy Act of 1974’’ and inserting 

10 ‘‘commonly known as the ‘Family Educational 

11 Rights and Privacy Act of 1974’ ’’. 

12 SEC. 802. AMENDMENTS TO OTHER HIGHER EDUCATION 

13 ACTS. 

14 (a) HIGHER EDUCATION AMENDMENTS OF 1998.— 

15 Section 841(c) of the Higher Education Amendments of 

16 1998 (20 U.S.C. 1153(c)) is amended by inserting ‘‘this 

17 section’’ after ‘‘to carry out’’. 

18 (b) EDUCATION OF THE DEAF ACT OF 1986.—Sec19 tion 203(b)(2) of the Education of the Deaf Act of 1986 

20 (20 U.S.C. 4353(b)(2)) is amended by striking ‘‘and subVerDate Nov 24 2008 04:49 Apr 01, 2009 Jkt 079200 PO 00000 Frm 00054 Fmt 6652 Sfmt 6201 E:\BILLS\H1777.RFS H1777

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1 sections (b) and (c) of section 209.’’ and inserting ‘‘and 

2 subsections (a), (b), and (c) of section 209.’’. 

Passed the House of Representatives March 30, 

2009. 

Attest: LORRAINE C. MILLER, 

Clerk. 


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