103D CONGRESS

1ST SESSION S. 1507

AMENDMENTS
In the House of Representatives, U. S.,

November 2, 1993.

Resolved, That the bill from the Senate (S. 1507) entitled ‘‘An Act to make technical amendments to the Higher

Education Amendments of 1992 and the Higher Education

Act of 1965, and for other purposes’’, do pass with the following

AMENDMENTS:

Strike out all after the enacting clause and insert:

1 SECTION 1. SHORT TITLE; REFERENCES EFFECTIVE DATES.

2 (a) SHORT TITLE.—This Act may be cited as the

3 ‘‘Higher Education Technical Amendments of 1993’’.

4 (b) REFERENCES.—References in this Act to ‘‘the Act’’

5 are references to the Higher Education Act of 1965.

6 (c) EFFECTIVE DATES.—Except as otherwise provided

7 therein, the amendments made by this Act shall be effective

8 as if such amendments were included in The Higher Edu9 cation Amendments of 1992 (Public Law 102–325).

10 SEC. 2. TECHNICAL AMENDMENTS.

11 (a) AMENDMENTS TO TITLES I, II, AND III OF THE

12 ACT.—The Act is amended—

13 (1) in section 103(b)(2), by increasing the inden14 tation of subparagraphs (A) through (E) by two em

15 spaces;
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1 (2) in section 104(b)(5)(C), by striking ‘‘sub2 part’’ and inserting ‘‘part’’;

3 (3) in section 241(a)(2)(B), by striking ‘‘infor4 mation service’’ and inserting ‘‘information science’’;

5 (4) in section 301(a)(2), by striking the comma

6 after ‘‘planning’’;

7 (5) in section 312(c)(2), by inserting ‘‘the’’ before

8 ‘‘second fiscal year’’ the second place it appears;

9 (6) in section 316(c), by striking ‘‘Such pro10 grams may include—’’ and inserting the following:

11 ‘‘(2) EXAMPLES OF AUTHORIZED ACTIVITIES.—

12 Such program may include—’’;

13 (7) by reducing by two em spaces the indenta14 tion of each of the following provisions: sections

15 323(b)(3), 331(a)(2)(D), and 331(b)(5);

16 (8) in section 326(e)(2)—

17 (A) by inserting ‘‘and’’ after the semicolon

18 at the end of subparagraph (A);

19 (B) by striking subparagraph (B); and

20 (C) by redesignating subparagraph (C) as

21 subparagraph (B);

22 (9) in section 331(b)(2), by reducing the indenta23 tion of subparagraphs (B) and (C) by four em spaces;

24 and
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1 (10) in section 331(b)(5), by striking ‘‘an endow2 ment’’ and inserting ‘‘An endowment’’.

3 (b) AMENDMENTS TO PART A OF TITLE IV OF THE

4 ACT.—Part A of title IV of the Act is amended—

5 (1) in section 401(a)(1), by striking the last sen6 tence;

7 (2) in section 401(b)(6), in the matter preceding

8 subparagraph (A), by striking ‘‘single 12-month pe9 riod’’ and inserting ‘‘single award year’’;

10 (3) in section 401(b)(6)(A), by striking ‘‘a bacca11 laureate’’ and inserting ‘‘an associate or bacca12 laureate’’;

13 (4) in section 401(b)(6)(B), by striking ‘‘a bach14 elor’s’’ and inserting ‘‘an associate or baccalaureate’’;

15 (5) in section 401(b)(8)(A), by striking ‘‘(deter16 mined in accordance with regulations issued by the

17 Secretary)’’;

18 (6) in section 401(i), by striking ‘‘part D of title

19 V’’ and inserting ‘‘subtitle D of title V’’;

20 (7) in section 402A(b), by striking paragraph (2)

21 and inserting the following:

22 ‘‘(2) DURATION.—Grants or contracts made

23 under this chapter shall be awarded for a period of

24 4 years, except that—
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1 ‘‘(A) the Secretary shall award such grants

2 or contracts for 5 years to applicants whose peer

3 review scores were in the highest 10 percent of

4 scores of all applicants receiving grants or con5 tracts in each program competition for the same

6 award year; and

7 ‘‘(B) grants made under section 402G shall

8 be awarded for a period of 2 years.’’;

9 (8) in section 402A(c)(1), by inserting before the

10 period the following ‘‘, except that in the case of the

11 programs authorized in sections 402E and 402G, the

12 level of consideration given to prior experience shall

13 be the same as the level of consideration given this

14 factor in the other programs authorized in this chap15 ter’’;

16 (9) in section 402A(c)(2)(A), by inserting ‘‘with

17 respect to grants made under section 402G, and’’ after

18 ‘‘Except’’;

19 (10) in section 402A, by amending subsection (e)

20 to read as follows:

21 ‘‘(e) DOCUMENTATION OF STATUS AS A LOW-INCOME

22 INDIVIDUAL.—(1) Except in the case of an independent stu23 dent, as defined in section 480(d), documentation of an in24 dividual’s status pursuant to subsection (g)(2) shall be

25 made by providing the Secretary with—
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1 ‘‘(A) a signed statement from the individual’s

2 parent or legal guardian;

3 ‘‘(B) verification from another governmental

4 source;

5 ‘‘(C) a signed financial aid application; or

6 ‘‘(D) a signed United States or Puerto Rico in7 come tax return.

8 ‘‘(2) In the case of an independent student, as defined

9 in section 480(d), documentation of an individual’s status

10 pursuant to subsection (g)(2) shall be made by providing

11 the Secretary with—

12 ‘‘(A) a signed statement from the individual;

13 ‘‘(B) verification from another governmental

14 source;

15 ‘‘(C) a signed financial aid application; or

16 ‘‘(D) a signed United States or Puerto Rico in17 come tax return.’’;

18 (11) in section 402C(c), by striking ‘‘and for19 eign’’ and inserting ‘‘foreign’’;

20 (12) in section 402D(c)(2), by striking ‘‘either’’;

21 (13) in section 404A(1), by striking ‘‘high22 school’’ and inserting ‘‘high school’’;

23 (14) in section 404B(a)(1)—

24 (A) by striking ‘‘section 403C’’ and insert25 ing ‘‘section 404D’’; and
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1 (B) by striking ‘‘section 403D’’ and insert2 ing ‘‘section 404C’’;

3 (15) in section 404B(a)(2), by inserting ‘‘shall’’

4 after ‘‘paragraph (1)’’;

5 (16) in section 404C(b)(3)(A), by striking

6 ‘‘grades 12’’ and inserting ‘‘grade 12’’;

7 (17) in section 404C(b)(3)(D)(i), by striking

8 ‘‘section 401D of this subpart’’ and inserting ‘‘section

9 402D’’;

10 (18) in section 404C(b)(3)(D)(ii), by striking

11 ‘‘section 401D of this part’’ and inserting ‘‘section

12 402D’’;

13 (19) in section 404D(d)(3), by striking ‘‘program

14 of instruction’’ and inserting ‘‘program of under15 graduate instruction’’;

16 (20) in section 404D(d)(4), by striking ‘‘the’’ the

17 first place it appears;

18 (21) in section 404E(c), by striking ‘‘tuition’’

19 and inserting ‘‘financial’’;

20 (22) in section 404F(a), by striking ‘‘under this

21 section shall biannually’’ and inserting ‘‘under this

22 chapter shall biennially’’;

23 (23) in section 404F(c), by striking ‘‘bian24 nually’’ and inserting ‘‘biennially’’;
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1 (24) in section 404G, by striking ‘‘an appropria2 tion’’ and inserting ‘‘to be appropriated’’;

3 (25) in section 409A(1), by striking ‘‘private fi4 nancial’’ and inserting ‘‘private student financial’’;

5 (26) in section 413C(d)—

6 (A) by striking ‘‘, a reasonable proportion

7 of the institution’s allocation shall be made

8 available to such students, except that’’ and in9 serting ‘‘and’’; and

10 (B) by striking ‘‘5 percent of the need’’ and

11 inserting ‘‘5 percent of the total financial need’’;

12 (27) in section 413D(d)(3)(C), by striking

13 ‘‘three-fourths in the Pell Grant family size offset’’

14 and inserting ‘‘150 percent of the difference between

15 the income protection allowance for a family of five

16 with one in college and the income protection allow17 ance for a family of six with one in college’’;

18 (28) in section 415C(b)(7), by striking the period

19 at the end and inserting a semicolon;

20 (29) in section 419C(b)—

21 (A) by striking ‘‘for a period of not more

22 than 4 years for the first 4 years of study’’ and

23 inserting ‘‘for a period of not less than 1 or more

24 than 4 years during the first 4 years of study’’;

25 and
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1 (B) by adding at the end the following:

2 ‘‘The State educational agency administering the program

3 in a State shall have discretion to determine the period of

4 the award (within the limits specified in the preceding sen5 tence), except that—

6 ‘‘(1) if the amount appropriated for this subpart

7 for any fiscal year exceeds the amount appropriated

8 for fiscal year 1993, the Secretary shall identify to

9 each State educational agency the number of scholar10 ships available to that State under section 419D(b)

11 that are attributable to such excess; and

12 ‘‘(2) the State educational agency shall award

13 not less than that number of scholarships for a period

14 of 4 years.’’;

15 (30) in section 419D, by adding at the end the

16 following new subsection:

17 ‘‘(d) CONSOLIDATION BY INSULAR AREAS PROHIB18 ITED.—Notwithstanding section 501 of Public Law 95–

19 1134 (48 U.S.C. 1469a), funds allocated under this part

20 to an Insular Area described in that section shall be deemed

21 to be direct payments to classes of individuals, and the In22 sular Area may not consolidate such funds with other funds

23 received by the Insular Area from any department or agen24 cy of the United States Government.’’; and
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1 (31) in section 419G(b), by striking ‘‘the District

2 of Columbia, the Commonwealth of Puerto Rico,’’.

3 (c) AMENDMENTS TO PART B OF TITLE IV OF THE

4 ACT.—Part B of title IV of the Act is amended—

5 (1) in section 422(c)(7), by striking the semi6 colon at the end of subparagraph (B) and inserting

7 a period;

8 (2) in section 425(a)(1)(A)—

9 (A) by striking clauses (ii) and (iii) and

10 inserting the following:

11 ‘‘(ii) in the case of a student at an eli12 gible institution who has successfully com13 pleted such first year but has not success14 fully completed the remainder of a program

15 of undergraduate education—

16 ‘‘(I) $3,500; or

17 ‘‘(II) if such student is enrolled in

18 a program of undergraduate education,

19 the remainder of which is less than one

20 academic year, the maximum annual

21 loan amount that such student may re22 ceive may not exceed the amount that

23 bears the same ratio to the amount

24 specified in subclause (I) as such re25 mainder measured in semester, tri-
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1 mester, quarter, or clock hours bears to

2 one academic year;

3 ‘‘(iii) in the case of a student at an eli4 gible institution who has successfully com5 pleted the first and second years of a pro6 gram of undergraduate education but has

7 not successfully completed the remainder of

8 such program—

9 ‘‘(I) $5,500; or

10 ‘‘(II) if such student is enrolled in

11 a program of undergraduate education,

12 the remainder of which is less than one

13 academic year, the maximum annual

14 loan amount that such student may re15 ceive may not exceed the amount that

16 bears the same ratio to the amount

17 specified in subclause (I) as such re18 mainder measured in semester, tri19 mester, quarter, or clock hours bears to

20 one academic year;’’ and

21 (B) by striking the semicolon at the end of

22 clause (iv) and inserting a period;

23 (3) in section 425(a)(1), by inserting at the end

24 thereof the following:
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1 ‘‘(C) For the purpose of subparagraph (A), the

2 number of years that a student has completed in a

3 program of undergraduate education shall include

4 any prior enrollment in an eligible program of under5 graduate education for which the student was award6 ed an associate or baccalaureate degree, if such degree

7 is required by the institution for admission to the

8 program in which the student is enrolled.’’;

9 (4) in section 427(a)(2)(C)(i), by inserting ‘‘sec10 tion’’ before ‘‘428B or 428C’’;

11 (5) in section 427A(e)(1), by striking ‘‘under this

12 part,’’ and inserting ‘‘under section 427, 428, or

13 428H of this part,’’;

14 (6) in section 427A(i)(1), by amending subpara15 graph (B) to read as follows:

16 ‘‘(B)(i) during any period in which a stu17 dent is eligible to have interest payments paid

18 on his or her behalf by the Government pursuant

19 to section 428(a), by crediting the excess interest

20 to the Government; or

21 ‘‘(ii) during any other period, by crediting

22 such excess interest to the reduction of principal

23 to the extent provided in paragraph (5) of this

24 subsection.’’;
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1 (7) in section 427A(i)(2)(B), by striking out

2 ‘‘outstanding principal balance’’ and inserting in lieu

3 thereof ‘‘average daily principal balance’’;

4 (8) in section 427A(i)(4)(B), by striking out

5 ‘‘outstanding principal balance’’ and inserting in lieu

6 thereof ‘‘average daily principal balance’’;

7 (9) in section 427A(i)(5)—

8 (A) by striking ‘‘paragraph (2)’’ and insert9 ing ‘‘paragraphs (2) and (4)’’;

10 (B) by striking ‘‘principle’’ and inserting

11 ‘‘principal’’; and

12 (C) by inserting before the period at the end

13 of the second sentence the following: ‘‘, but the ex14 cess interest shall be calculated and credited to

15 the Secretary’’;

16 (10) in section 427A(i), by adding at the end the

17 following new paragraph:

18 ‘‘(7) CONVERSION TO VARIABLE RATE.—(A) Sub19 ject to subparagraphs (B) and (C), a lender or holder

20 may convert the interest rate on a loan made pursu21 ant to section 428 or 428H that is subject to the pro22 visions of this subsection to a variable rate which is

23 adjusted quarterly. The applicable rate of interest for

24 such loans for each 3-month period beginning on Jan25 uary 1, April 1, July 1, or October 1, shall be deter-
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1 mined on the first day of the month preceding such

2 3-month period, and shall be equal to (i) the bond

3 equivalent rate of the 91-day Treasury bill auctioned

4 at the final auction held prior to the first day of the

5 month preceding such 3-month period; plus (ii) 3.25

6 percent if the first disbursement of the loan occurred

7 prior to July 23, 1992, or 3.10 percent if the first dis8 bursement of the loan occurred on or after July 23,

9 1992.

10 ‘‘(B) A lender or holder shall notify the borrower

11 within 30 days of the conversion of the loan to a vari12 able interest rate.

13 ‘‘(C) The interest rate on a loan converted to a

14 variable rate pursuant to this paragraph shall not ex15 ceed the maximum interest rate applicable to the loan

16 prior to such conversion.

17 ‘‘(D) Loans on which the interest rate is con18 verted in accordance with subparagraph (A) shall not

19 be subject to any other provisions of this subsection.’’;

20 (11) in section 428(a)(2)(C)(i), by striking the

21 period at the end and inserting ‘‘; and’’;

22 (12) in section 428(a)(2)(E), by inserting ‘‘or

23 428H’’ after ‘‘428A’’;

24 (13) in section 428(a)(3)(A)(v)—
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1 (A) in subclause (I), by striking out ‘‘before

2 the first disbursement of the loan; or’’ and insert3 ing ‘‘before the loan is first delivered to the bor4 rower; or’’; and

5 (B) in subclause (II), by striking out ‘‘be6 fore the first disbursement of the loan’’ and in7 serting ‘‘before the loan is first delivered to the

8 borrower’’;

9 (14) in section 428(b)(1)(A)—

10 (A) by striking clauses (ii) and (iii) and

11 inserting the following:

12 ‘‘(ii) in the case of a student at an eli13 gible institution who has successfully com14 pleted such first year but has not success15 fully completed the remainder of a program

16 of undergraduate education—

17 ‘‘(I) $3,500; or

18 ‘‘(II) if such student is enrolled in

19 a program of undergraduate education,

20 the remainder of which is less than one

21 academic year, the maximum annual

22 loan amount that such student may re23 ceive may not exceed the amount that

24 bears the same ratio to the amount

25 specified in subclause (I) as such re-
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1 mainder measured in semester, tri2 mester, quarter, or clock hours bears to

3 one academic year;

4 ‘‘(iii) in the case of a student at an eli5 gible institution who has successfully com6 pleted the first and second years of a pro7 gram of undergraduate education but has

8 not successfully completed the remainder of

9 such program—

10 ‘‘(I) $5,500; or

11 ‘‘(II) if such student is enrolled in

12 a program of undergraduate education,

13 the remainder of which is less than one

14 academic year, the maximum annual

15 loan amount that such student may re16 ceive may not exceed the amount that

17 bears the same ratio to the amount

18 specified in subclause (I) as such re19 mainder measured in semester, tri20 mester, quarter, or clock hours bears to

21 one academic year;’’;

22 (B) by redesignating clause (iv) as clause

23 (v); and

24 (C) by inserting after clause (iii) the follow25 ing:
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1 ‘‘(iv) in the case of a student who has

2 received an associate or baccalaureate de3 gree and is enrolled in an eligible program

4 for which the institution requires such de5 gree for admission, the number of years that

6 a student has completed in a program of

7 undergraduate education shall, for the pur8 poses of clauses (ii) and (iii), include any

9 prior enrollment in the eligible program of

10 undergraduate education for which the stu11 dent was awarded such degree; and’’;

12 (15) in section 428(b)(1)(B), by striking the

13 matter following clause (ii) and inserting the follow14 ing:

15 ‘‘except that the Secretary may increase the limit

16 applicable to students who are pursuing pro17 grams which the Secretary determines are excep18 tionally expensive;’’;

19 (16) in section 428(b)(1), by amending subpara20 graph (N) to read as follows:

21 ‘‘(N) provides that funds borrowed by a stu22 dent—

23 ‘‘(i) are disbursed to the institution by

24 check or other means that is payable to, and

25 requires the endorsement or other certifi-
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1 cation by, such student, unless such student

2 requests that the check be endorsed, or the

3 funds transfer authorized, pursuant to an

4 authorized power-of-attorney; and

5 ‘‘(ii) are, at the request of the student,

6 disbursed directly to the student by the

7 means described in clause (i), in the case of

8 a student who is studying outside the Unit9 ed States in a program of study abroad that

10 is approved for credit by the home institu11 tion at which such student is enrolled or at

12 an eligible foreign institution;’’;

13 (17) in section 428(b)(1)(U)—

14 (A) by striking ‘‘this clause;’’ and inserting

15 ‘‘this clause’’; and

16 (B) by inserting a comma after ‘‘emergency

17 action’’ each place it appears;

18 (18) in section 428(b)(1), by striking subpara19 graph (V);

20 (19) in section 428(b)(2)(F)(i), by striking ‘‘each

21 to provide a separate notice’’ and inserting ’’either

22 jointly or separately to provide a notice’’;

23 (20) in section 428(b)(2)(F)(ii), by striking

24 ‘‘transferor’’ and inserting ‘‘transferee’’;
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1 (21) in section 428(b)(2)(F)(ii)(I), by striking

2 ‘‘to another holder’’;

3 (22) in section 428(b)(2)(F)(ii)(II), by striking

4 ‘‘such other’’ and inserting ‘‘the new’’;

5 (23) in section 428(b), by striking paragraph (7)

6 and inserting the following:

7 ‘‘(7) REPAYMENT PERIOD.—(A) In the case of a

8 loan made under section 427 or 428, the repayment

9 period shall exclude any period of authorized

10 deferment or forbearance and shall begin—

11 ‘‘(i) the day after 6 months after the date

12 the student ceases to carry at least one-half the

13 normal full-time academic workload (as deter14 mined by the institution); or

15 ‘‘(ii) on an earlier date if the borrower re16 quests and is granted a repayment schedule that

17 provides for repayment to commence at an ear18 lier date.

19 ‘‘(B) In the case of a loan made under section

20 428H, the repayment period shall exclude any period

21 of authorized deferment or forbearance, and—

22 ‘‘(i) if such loan is made to a borrower that

23 has borrowed a loan made under section 427 or

24 428 for the same period of instruction—
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1 ‘‘(I) interest shall begin to accrue or be

2 paid by the borrower on the day the loan is

3 disbursed, or, if the loan is disbursed in

4 multiple installments, on the day of the last

5 such disbursement; and

6 ‘‘(II) the repayment period with re7 spect to principal begins in accordance with

8 subparagraph (A); and

9 ‘‘(ii) if such loan is made to any other bor10 rower, the repayment or accrual of interest shall

11 begin as described in clause (i)(I), but the bor12 rower shall be required to elect whether the re13 payment of principal shall begin as described in

14 clause (i)(II), or on the day immediately after

15 the student ceases to carry at least one-half the

16 normal full-time academic workload (as deter17 mined by the institution).

18 ‘‘(C) In the case of a loan made under section

19 428A, 428B, or 428C, the repayment period shall

20 begin on the day the loan is disbursed, or, if the loan

21 is disbursed in multiple installments, on the day of

22 the last such disbursement, and shall exclude any pe23 riod of authorized deferment or forbearance.’’;

24 (24) in section 428(b), by adding at the end

25 thereof the following new paragraph:
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1 ‘‘(8) MEANS OF DISBURSEMENT OF LOAN PRO2 CEEDS.—Nothing in this title shall be interpreted to

3 prohibit the disbursement of loan proceeds by means

4 other than by check or to allow the Secretary to re5 quire checks to be made co-payable to the institution

6 and the borrower.’’;

7 (25) in section 428(c)(1)(A), by striking the last

8 sentence and inserting the following: ‘‘A guaranty

9 agency shall file a claim for reimbursement with re10 spect to losses under this subsection within 45 days

11 after the guaranty agency discharges its insurance ob12 ligation on the loan.’’;

13 (26) in section 428(c)(2)(G), by striking ‘‘dem14 onstrates’’ and inserting ‘‘certifies’’;

15 (27) in section 428(c)(3), by striking subpara16 graph (A) and inserting the following:

17 ‘‘(A) shall contain provisions providing

18 that—

19 ‘‘(i) upon written request, a lender

20 shall grant a borrower forbearance, renew21 able at 12-month intervals, on terms agreed

22 to in writing by the parties to the loan with

23 the approval of the insurer, and otherwise

24 consistent with the regulations of the Sec25 retary, if the borrower—
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1 ‘‘(I) is serving in a medical or

2 dental internship or residency pro3 gram, the successful completion of

4 which is required to begin professional

5 practice or service, or is serving in a

6 medical or dental internship or resi7 dency program leading to a degree or

8 certificate awarded by an institution of

9 higher education, a hospital, or a

10 health care facility that offers post11 graduate training, provided that if the

12 borrower qualifies for a deferment

13 under section 427(a)(2)(C)(vii) or sub14 paragraph (M)(vii) of this paragraph

15 as in effect prior to the enactment of

16 the Higher Education Amendments of

17 1992, or section 427(a)(2)(C) or sub18 paragraph (M) of this paragraph as

19 amended by such amendments, the bor20 rower has exhausted his or her eligi21 bility for such deferment; or

22 ‘‘(II) has a debt burden under this

23 title that equals or exceeds 20 percent

24 of income;
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1 ‘‘(ii) the length of the forbearance

2 granted by the lender—

3 ‘‘(I) under clause (i)(I) shall

4 equal the length of time remaining in

5 the borrower’s medical or dental in6 ternship or residency program, if the

7 borrower is not eligible to receive a

8 deferment described in such clause, or

9 such length of time remaining in the

10 program after the borrower has ex11 hausted his or her eligibility for such

12 deferment; or

13 ‘‘(II) under clause (i)(II) shall not

14 exceed 3 years; and

15 ‘‘(iii) no administrative or other fee

16 may be charged in connection with the

17 granting of a forbearance under clause (i),

18 and no adverse information regarding a

19 borrower may be reported to a credit bureau

20 organization solely because of the granting

21 of such forbearance;’’;

22 (28) in section 428(e)(2)(A)—

23 (A) by striking ‘‘(i)’’;

24 (B) by striking ‘‘(I)’’ and inserting ‘‘(i)’’;

25 and
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1 (C) by striking ‘‘(II)’’ and inserting ‘‘(ii)’’;

2 (29) in section 428(j)(2), in the matter preceding

3 subparagraph (A), by striking ‘‘lender of last resort’’

4 and inserting ‘‘lender-of-last-resort’’;

5 (30) in section 428A(b)(1), by striking subpara6 graph (B) and inserting the following:

7 ‘‘(B) In the case of a student at an eligible

8 institution who has successfully completed such

9 first and second years but has not successfully

10 completed the remainder of a program of under11 graduate education—

12 ‘‘(i) $5,500; or

13 ‘‘(ii) if such student is enrolled in a

14 program of undergraduate education, the

15 remainder of which is less than one aca16 demic year, the maximum annual loan

17 amount that such student may receive may

18 not exceed the amount that bears the same

19 ratio to the amount specified in subclause

20 (I) as such remainder measured in semester,

21 trimester, quarter, or clock hours bears to

22 one academic year.’’;

23 (31) in section 428A(b)(1)—

24 (A) by redesignating subparagraph (C) as

25 subparagraph (D); and
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1 (B) by inserting after subparagraph (B) the

2 following:

3 ‘‘(C) For the purposes of this paragraph, the

4 number of years that a student has completed in

5 a program of undergraduate education shall in6 clude any prior enrollment in an eligible pro7 gram of undergraduate education for which the

8 student was awarded an associate or bacca9 laureate degree, if such degree is required by the

10 institution for admission to the program in

11 which the student is enrolled.’’;

12 (32) in section 428A(b)(3)(B)(i), by striking

13 ‘‘section 428’’ and inserting ‘‘sections 428 and

14 428H’’;

15 (33) in section 428A(c)(1), by striking ‘‘sections

16 427 or 428(b)’’ and inserting ‘‘section 427 or 428(b)’’;

17 (34) in section 428B(c)(2), by striking ‘‘bor18 rower.’’ and inserting ‘‘borrower, and sent to such in19 stitution.’’;

20 (35) in section 428C(a)(3)(A), by striking ‘‘de21 linquent or defaulted borrower who will reenter re22 payment through loan consolidation’’ and inserting

23 ‘‘defaulted borrower who has made arrangements to

24 repay the obligation on the defaulted loans satisfac25 tory to the holders of the defaulted loan’’;
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1 (36) in section 428C(a)(4)(A), by striking ‘‘, ex2 cept for loans made to parent borrowers under section

3 428B as in effect prior to the enactment of the Higher

4 Education Amendments of 1986’’;

5 (37) in section 428C(a)(4)(C), by striking ‘‘part

6 C’’ and inserting ‘‘part A’’;

7 (38) in section 428C(c)(2)(A)(vi), by inserting a

8 period after ‘‘30 years’’;

9 (39) in section 428C(c)(3)(A), by inserting ‘‘be

10 an amount’’ before ‘‘equal to’’;

11 (40) in section 428F(a)(2)—

12 (A) by striking ‘‘this paragraph’’ and in13 serting ‘‘paragraph (1) of this subsection’’; and

14 (B) by striking ‘‘this section’’ and inserting

15 ‘‘this subsection’’;

16 (41) in section 428F(a)(4), by striking ‘‘this

17 paragraph’’ and inserting ‘‘paragraph (1) of this sub18 section’’;

19 (42) in section 428F(b), by adding at the end

20 thereof the following new sentence: ‘‘A borrower may

21 only obtain the benefit of this subsection with respect

22 to renewed eligibility once.’’;

23 (43) in section 428G(c)(3), by striking ‘‘dis24 bursed’’ and inserting ‘‘disbursed by the lender’’;
26

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1 (44) in section 428H(d)(2), by striking subpara2 graph (B) and inserting the following:

3 ‘‘(B) in the case of a student at an eligible

4 institution who has successfully completed such

5 first and second years but has not successfully

6 completed the remainder of a program of under7 graduate education, $5,000.’’;

8 (45) in section 428H(e)(1), by striking ‘‘shall

9 commence 6 months after the month in which the stu10 dent ceases to carry at least one-half the normal full11 time workload as determined by the institution.’’ and

12 inserting ‘‘shall begin as described in section

13 428(b)(7)(B).’’;

14 (46) in section 428H(e)(4), by striking

15 ‘‘427A(e)’’ and inserting ‘‘427A’’;

16 (47) in section 428H, by redesignating sub17 section (l) as subsection (h);

18 (48) in section 428I(g), by striking ‘‘the Federal

19 False Claims Act’’ and inserting ‘‘section 3729 of title

20 31, United States Code,’’;

21 (49) in section 428J(b)(1), by striking ‘‘sections

22 428A, 428B, or 428C’’ and inserting ‘‘section 428A,

23 428B, or 428C’’;
27

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1 (50) in section 428J(b)(1)(B), by striking

2 ‘‘agrees in writing to volunteer for service’’ and in3 serting ‘‘serves as a full-time volunteer’’;

4 (51) in section 428J(c)(1), by striking ‘‘academic

5 year’’ each place it appears and inserting ‘‘year of

6 service’’;

7 (52) in the heading for section 428J(d), by strik8 ing ‘‘OF ELIGIBILITY’’ and inserting ‘‘TO ELIGIBLE’’;

9 (53) in section 428J, by amending subsection (e)

10 to read as follows:

11 ‘‘(e) APPLICATION FOR REPAYMENT.—

12 ‘‘(1) IN GENERAL.—Each eligible individual de13 siring loan repayment under this section shall submit

14 a complete and accurate application to the Secretary

15 at such time, in such manner, and containing such

16 information as the Secretary may reasonably require.

17 Loan repayment under this section shall be on a first18 come, first-served basis and subject to the availability

19 of appropriations.

20 ‘‘(2) CONDITIONS.—An eligible individual may

21 apply for repayment after completing each year of

22 qualifying service. The borrower shall receive forbear23 ance while engaged in qualifying service.’’;

24 (54) in section 430A(f)(1), by striking the

25 comma at the end and inserting a semicolon;
28

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1 (55) in section 432(m)(2)—

2 (A) by striking ‘‘DEFERMENT FORM’’ and

3 inserting ‘‘DEFERMENT FORMS’’; and

4 (B) by striking ‘‘a common deferment re5 porting form’’ and inserting ‘‘common deferment

6 reporting forms’’;

7 (56) in section 433(b), in the matter preceding

8 paragraph (1), by striking ‘‘60 days’’ and inserting

9 ‘‘30 days’’;

10 (57) in section 433(e), by striking ‘‘section 428A,

11 428B,’’ and inserting ‘‘sections 428A, 428B,’’;

12 (58) in section 435(d)(2)(D), by striking ‘‘lender;

13 and’’ and inserting ‘‘lender;’’;

14 (59) in section 435(d)(2), by increasing the in15 dentation of the matter following subparagraph (F)

16 by two em spaces;

17 (60) in section 435(d)(3), by striking ‘‘435(o)’’

18 and inserting ‘‘435(m)’’;

19 (61) in section 435(m)(1)(A), by striking ‘‘428 or

20 428A’’ and inserting ‘‘428, 428A, or 428H,’’;

21 (62) in section 435(m)(2)(D)—

22 (A) by inserting ‘‘(or the portion of a loan

23 made under section 428C that is used to repay

24 a loan made under section 428A)’’ after ‘‘section

25 428A’’ the first place it appears; and
29

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1 (B) by inserting ‘‘(or a loan made under

2 section 428C a portion of which is used to repay

3 a loan made under section 428A)’’ after ‘‘section

4 428A’’ the second place it appears;

5 (63) in section 437, by amending subsection (b)

6 to read as follows:

7 ‘‘(b) PAYMENT OF CLAIMS ON LOANS IN BANK8 RUPTCY.—The Secretary shall pay to the holder of a loan

9 described in section 428(a)(1)(A) or (B) or section 428A,

10 428B, 428C, or 428H, the amount of the unpaid balance

11 of principal and interest owed on such loan—

12 ‘‘(1) when the borrower files for relief under

13 chapter 12 or 13 of title 11, United States Code;

14 ‘‘(2) when the borrower who has filed for relief

15 under chapter 7 or 11 of such title commences an ac16 tion for a determination of dischargeability under

17 section 523(a)(8)(B) of such title; or

18 ‘‘(3) for loans described in section 523(a)(8)(A)

19 of such title, when the borrower files for relief under

20 chapter 7 or 11 of such title.’’.

21 (64) in section 437(c)(1)—

22 (A) by striking ‘‘If a student borrower’’ and

23 inserting ‘‘If a borrower’’;

24 (B) by striking ‘‘under this part is unable’’

25 and inserting ‘‘under this part and the student
30

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1 borrower, or the student on whose behalf a par2 ent borrowed, is unable’’; and

3 (C) by striking ‘‘in which the borrower is

4 enrolled’’ and inserting ‘‘in which such student

5 is enrolled’’; and

6 (65) in section 437(c)(4), by adding at the end

7 thereof the following sentence: ‘‘The amount of a loan,

8 and interest on a loan, which is canceled under this

9 subsection shall be treated the same as loans under

10 section 465(a)(5) of this title.’’

11 (66) in section 437A(a), in the matter preceding

12 paragraph (1), by striking ‘‘, to the extent of funds

13 appropriated under subsection (d)’’;

14 (67) in section 437A(c)(2), by inserting a period

15 at the end;

16 (68) in section 437A, by striking subsection (e);

17 and

18 (69) in section 439(r)(12), by striking ‘‘section

19 522’’ and inserting ‘‘section 552’’.

20 (d) AMENDMENT TO PART C OF TITLE IV OF THE

21 ACT.—Part C of title IV of the Act is amended—

22 (1) in section 442(d)(4)(C), by striking ‘‘three23 fourths in the Pell Grant family size offset’’ and in24 serting ‘‘150 percent of the difference between the in25 come protection allowance for a family of five with
31

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1 one in college and the income protection allowance for

2 a family of six with one in college’’;

3 (2) in section 442(e)—

4 (A) by inserting ‘‘(1)’’ after the subsection

5 heading; and

6 (B) by adding at the end the following new

7 paragraph:

8 ‘‘(2) If, under paragraph (1) of this subsection, an in9 stitution returns more than 10 percent of its allocation, the

10 institution’s allocation for the next fiscal year shall be re11 duced by the amount returned. The Secretary may waive

12 this paragraph for a specific institution if the Secretary

13 finds that enforcing this paragraph would be contrary to

14 the interest of the program.’’;

15 (3) in section 443(b)(2)(A), by striking ‘‘institu16 tion;’’ and inserting ‘‘institution; and’’;

17 (4) in section 443(b), by amending paragraph

18 (5) to read as follows:

19 ‘‘(5) provide that the Federal share of the com20 pensation of students employed in the work-study pro21 gram in accordance with the agreement shall not ex22 ceed 75 percent for academic year 1993–1994 and

23 succeeding academic years, except that the Federal

24 share may exceed such amounts of compensation if the

25 Secretary determines, pursuant to regulations pro-
32

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1 mulgated by the Secretary establishing objective cri2 teria for such determinations, that a Federal share in

3 excess of such amounts is required in furtherance of

4 the purpose of this part;’’; and

5 (5) in section 443(b)(8), by striking subpara6 graphs (A), (B), and (C) and inserting the following:

7 ‘‘(A) that are only on campus and that—

8 ‘‘(i) to the maximum extent prac9 ticable, complement and reinforce the edu10 cation programs or vocational goals of such

11 students; and

12 ‘‘(ii) furnish student services that are

13 directly related to the student’s education,

14 as determined by the Secretary pursuant to

15 regulations, except that no student shall be

16 employed in any position that would in17 volve the solicitation of other potential stu18 dents to enroll in the school; or

19 ‘‘(B) in community service in accordance

20 with paragraph (2)(A) of this subsection;’’.

21 (e) AMENDMENTS TO PART E OF TITLE IV OF THE

22 ACT.—Part E of title IV of the Act is amended—

23 (1) in section 462(a)(2)(D), by striking ‘‘if the

24 institution which has’’ and inserting ‘‘if the institu25 tion has’’;
33

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1 (2) in section 462(d)(4)(C), by striking ‘‘three2 fourths in the Pell Grant family size offset’’ and in3 serting ‘‘150 percent of the difference between the in4 come protection allowance for a family of five with

5 one in college and the income protection allowance for

6 a family of six with one in college’’;

7 (3) in section 462(e), by reducing the indenta8 tion of paragraph (2) by two em spaces;

9 (4) in section 462(h)(4), by reducing the inden10 tation of subparagraph (B) by two em spaces;

11 (5) in section 463(a)(2)(B)(i)(II), by striking

12 ‘‘7.5 percent’’ and inserting ‘‘7.5 percent for award

13 year 1993–1994 and has a cohort default rate which

14 does not exceed 15 percent for award year 1994–1995

15 or for any succeeding award year’’;

16 (6) in section 463(c)(4), by striking ‘‘shall dis17 close’’ and inserting ‘‘shall at least annually disclose’’;

18 (7) in section 463, by adding at the end the fol19 lowing new subsections:

20 ‘‘(d) LIMITATION ON USE OF INTEREST BEARING AC21 COUNTS.—In carrying out the provisions of subsection

22 (a)(10), the Secretary may not require that any collection

23 agency, collection attorney, or loan servicer collecting loans

24 made under this part deposit amounts collected on such

25 loans in interest bearing accounts, unless such agency, at-
34

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1 torney, or servicer holds such amounts for more than 45

2 days.

3 ‘‘(e) SPECIAL DUE DILIGENCE RULE.—In carrying

4 out the provisions of subsection (a)(5) relating to due dili5 gence, the Secretary shall make every effort to ensure that

6 institutions of higher education may use Internal Revenue

7 Service skip-tracing collection procedures on loans made

8 under this part.’’;

9 (8) in section 463A, by striking subsections (d)

10 and (e);

11 (9) in section 464(c)(2)(B) by striking ‘‘repay12 ment or’’ and inserting ‘‘repayment of’’;

13 (10) in section 464(c)(6), by striking

14 ‘‘Fullbright’’ and inserting ‘‘Fulbright’’;

15 (11) in section 464(e), by striking ‘‘principle’’

16 and inserting ‘‘principal’’;

17 (12) in section 465(a)(2)(D), by striking ‘‘serv18 ices’’ and inserting ‘‘service’’;

19 (13) in section 465(a)(2)(F), by striking ‘‘or’’ at

20 the end;

21 (14) in section 465(a), by reducing the indenta22 tion of paragraph (6) by 2 em spaces; and

23 (15) in section 466(c), by reducing the indenta24 tion of paragraph (2) by two em spaces.
35

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1 (f) AMENDMENTS TO PART F OF TITLE IV OF THE

2 ACT.—Part F of title IV of the Act is amended—

3 (1) in the table contained in sections 475(c)(4)

4 and 477(b)(4), by inserting ‘‘$’’ before ‘‘9,510’’;

5 (2) in section 475(f)(3)—

6 (A) by striking ‘‘Income in the case of a

7 parent’’ and inserting ‘‘If a parent’’;

8 (B) by striking ‘‘(1) of this subsection, or a

9 parent’’ and inserting ‘‘(1) of this subsection, or

10 if a parent’’; and

11 (C) by striking ‘‘is determined as follows:

12 The income’’ and inserting ‘‘the income’’;

13 (3) in section 475(g)(1)(B), by inserting a close

14 parentheses after ‘‘paragraph (2)’’;

15 (4) in the table contained in section 475(g)(3),

16 by adding a last row that is identical to the last row

17 of the table contained in section 476(b)(2);

18 (5) in section 476, by adding at the end thereof

19 the following new subsection:

20 ‘‘(d) COMPUTATIONS IN CASE OF SEPARATION, DI21 VORCE, OR DEATH.—In the case of a student who is di22 vorced or separated, or whose spouse has died, the spouse’s

23 income and assets shall not be considered in determining

24 the family’s contribution from income or assets.’’;
36

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1 (6) in section 477 by adding at the end thereof

2 the following new subsection:

3 ‘‘(e) COMPUTATIONS IN CASE OF SEPARATION, DI4 VORCE, OR DEATH.—In the case of a student who is di5 vorced or separated, or whose spouse has died, the spouse’s

6 income and assets shall not be considered in determining

7 the family’s available income or assets.’’;

8 (7) in section 478—

9 (A) by striking ‘‘1992–1993’’ each place it

10 appears and inserting ‘‘1993–1994’’; and

11 (B) in subsection (c)(1), by striking ‘‘1992’’

12 and inserting ‘‘1993’’;

13 (8) in section 478(h), by striking ‘‘Bureau of

14 Labor Standards’’ and inserting ‘‘Bureau of Labor

15 Statistics’’;

16 (9) in section 479(a)(1), by inserting ‘‘of’’ after

17 ‘‘(c)’’;

18 (10) in section 479(b)(1)(B)(i)—

19 (A) by inserting ‘‘(and the student’s spouse,

20 if any)’’ after ‘‘student’’ each time it appears;

21 and

22 (B) by striking ‘‘such’’;

23 (11) in section 479(b)(2), by striking ‘‘five ele24 ments’’ and inserting ‘‘six elements’’;
37

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1 (12) in section 479(b)(2)(E), by striking the

2 semicolon and inserting a comma;

3 (13) in section 480(c)(2), by striking ‘‘Title’’

4 each place it appears and inserting ‘‘United States

5 Code, title’’;

6 (14) in section 480(d)(2), by inserting ‘‘or was

7 a ward of the court until the individual reached the

8 age of 18’’ prior to the semicolon; and

9 (15) in section 480, by adding at the end the fol10 lowing new subsections:

11 ‘‘(k) DEPENDENTS.—(1) Except as otherwise provided,

12 the term ‘dependent of the parent’ means the student, de13 pendent children of the student’s parents, including those

14 children who are deemed to be dependent students when ap15 plying for aid under this title, and other persons who live

16 with and receive more than one-half of their support from

17 the parent and will continue to receive more than half of

18 their support from the parent during the award year.

19 ‘‘(2) Except as otherwise provided, the term ‘dependent

20 of the student’ means the student’s dependent children and

21 other persons (except the student’s spouse) who live with

22 and receive more than one-half of their support from the

23 student and will continue to receive more than half of their

24 support from the student during the award year.
38

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1 ‘‘(l) FAMILY SIZE.—(1) In determining family size in

2 the case of a dependent student—

3 ‘‘(A) if the parents are not divorced or separated,

4 family members include the student’s parents, and the

5 dependents of the student’s parents including the stu6 dent;

7 ‘‘(B) if the parents are divorced or separated,

8 family members include the parent whose income is

9 included in computing available income and that

10 parent’s dependents, including the student; and

11 ‘‘(C) if the parents are divorced and the parent

12 whose income is so included is remarried, or if the

13 parent was a widow or widower who has remarried,

14 family members also include, in addition to those in15 dividuals referred to in subparagraph (B), the new

16 spouse and any dependents of the new spouse if that

17 spouse’s income is included in determining the par18 ents’ adjusted available income.

19 ‘‘(2) In determining family size in the case of an inde20 pendent student—

21 ‘‘(A) family members include the student, the

22 student’s spouse, and the dependents of the student;

23 and

24 ‘‘(B) if the student is divorced or separated, fam25 ily members do not include the spouse (or ex-spouse),
39

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1 but do include the student and the student’s depend2 ents.

3 ‘‘(m) BUSINESS ASSETS.—The term ‘business assets’

4 means property that is used in the operation of a trade

5 or business, including real estate, inventories, buildings,

6 machinery, and other equipment, patents, franchise rights,

7 and copyrights.’’.

8 (g) AMENDMENTS TO PART G OF TITLE IV OF THE

9 ACT.—Part G of title IV of the Act is amended—

10 (1) in section 481(a)(3)(B), by inserting before

11 the semicolon the following: ‘‘, except that the Sec12 retary, at the request of such institution, may waive

13 the applicability of this subparagraph to such institu14 tion for good cause, as determined by the Secretary’’;

15 (2) in section 481(a)(3)(D)—

16 (A) by striking ‘‘are admitted pursuant to

17 section 484(d)’’ and inserting ‘‘do not have a

18 high school diploma or its recognized equiva19 lent’’; and

20 (B) by inserting before the period the follow21 ing: ‘‘, except that the Secretary may waive the

22 limitation contained in this subparagraph if a

23 nonprofit institution demonstrates to the satis24 faction of the Secretary that it exceeds such limi25 tation because it serves, through contracts with
40

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1 Federal, State, or local government agencies, sig2 nificant numbers of students who do not have a

3 high school diploma or its recognized equiva4 lent’’;

5 (3) in section 481(a)(4), by amending subpara6 graph (A) to read as follows:

7 ‘‘(A) the institution, or an affiliate of the

8 institution that has the power, by contract or

9 ownership interest, to direct or cause the direc10 tion of the management or policies of the institu11 tion, has filed for bankruptcy;’’;

12 (4) in section 481(d), by amending paragraph

13 (2) to read as follows:

14 ‘‘(2) For the purpose of any program under this title,

15 the term ‘academic year’ shall require a minimum of 30

16 weeks of instructional time, and, with respect to an under17 graduate course of study, shall require that during such

18 minimum period of instructional time a full-time student

19 is expected to complete at least 24 semester or trimester

20 hours or 36 quarter hours at an institution that measures

21 program length in credit hours, or at least 900 clock hours

22 at an institution that measures program length in clock

23 hours.’’;

24 (5) in section 481(e) by striking paragraph (2)

25 and inserting the following:
41

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1 ‘‘(2)(A) A program is an eligible program for purposes

2 of part B of this title if it is a program of at least 300

3 clock hours of instruction, but less than 600 clock hours of

4 instruction, offered during a minimum of 10 weeks, that—

5 ‘‘(i) has a completion rate of at least 70 percent,

6 as determined in accordance with the regulations of

7 the Secretary;

8 ‘‘(ii) has a placement rate of at least 70 percent,

9 as determined in accordance with the regulations of

10 the Secretary; and

11 ‘‘(iii) satisfies such further criteria as the Sec12 retary may prescribe by regulation.

13 ‘‘(B) In the case of a program being determined eligible

14 for the first time under this paragraph, such determination

15 shall be made by the Secretary before such program is con16 sidered to have satisfied the requirements of this para17 graph.’’;

18 (6) in section 481(f), by striking ‘‘State’’ and in19 serting ‘‘individual, or any State,’’;

20 (7) in section 482(c), by adding at the end the

21 following new sentence: ‘‘For award year 1994–95,

22 this subsection will not apply to regulatory changes

23 affecting parts B, G, and H of this title.’’;

24 (8) in section 483(a)(1), by striking ‘‘section

25 411(d)’’ and inserting ‘‘section 401(d)’’;
42

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1 (9) in section 483(a)(2), by inserting at the end

2 the following new sentence: ‘‘No data collected on a

3 form for which a fee is charged shall be used to com4 plete the form prescribed under paragraph (1).’’;

5 (10) in section 483(a)(3), by inserting at the end

6 the following sentence: ‘‘Entities designated by insti7 tutions of higher education or States to receive such

8 data shall be subject to all requirements of this sec9 tion, unless such requirements are waived by the Sec10 retary.’’;

11 (11) in section 483(f), by striking ‘‘address, so12 cial security number,’’ and inserting ‘‘address or em13 ployer’s address, social security number or employer

14 identification number,’’;

15 (12) in section 484(a)(4)(B), by striking the

16 semicolon and inserting the following: ‘‘(or if the stu17 dent is ineligible for or unable to obtain a social secu18 rity number, such student’s identification number);

19 and ’’;

20 (13) in section 484(a)(5), by striking ‘‘in the

21 United States for other than a temporary purpose

22 and able to provide evidence from the Immigration

23 and Naturalization Service of his or her intent to be24 come a permanent resident’’ and inserting ‘‘able to

25 provide evidence from the Immigration and Natu-
43

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1 ralization Service that he or she is in the United

2 States for other than a temporary purpose with the

3 intention of becoming a citizen or permanent resi4 dent’’;

5 (14) in section 484(b)(2)—

6 (A) in subparagraph (A), by striking

7 ‘‘and’’;

8 (B) in subparagraph (B), by striking the

9 period and inserting ‘‘; and’’; and

10 (C) after subparagraph (B), by inserting:

11 ‘‘(C) has applied for a loan under section

12 428H, if eligible.’’;

13 (15) in section 484(b)(3), by striking ‘‘part B’’

14 and inserting ‘‘part B or D’’;

15 (16) in section 484, by striking subsection (f);

16 (17) in section 484(g), by inserting a comma

17 after ‘‘Part D’’ each place it appears;

18 (18) in section 484(h)(4)(B), by striking ‘‘con19 stitutes’’ and inserting ‘‘constitute’’;

20 (19) in section 484(i)(2)—

21 (A) by striking ‘‘(h)(4)(A)(ii)’’ and insert22 ing ‘‘(h)(4)(A)(i)’’; and

23 (B) by striking ‘‘documentation,’’ and in24 serting ‘‘documentation, or’’;

25 (20) in section 484(i)(3)—
44

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1 (A) by striking ‘‘(h)(4)(B)(ii)’’ and insert2 ing ‘‘(h)(4)(B)(i)’’; and

3 (B) by striking ‘‘, or’’ and inserting a pe4 riod;

5 (21) in section 484(i), by striking paragraph (4);

6 (22) in section 484(n), by striking ‘‘part B, C,’’

7 and inserting ‘‘parts B, C,’’;

8 (23) in section 484(q)(2), by striking ‘‘a correct

9 social security number’’ and inserting ‘‘documented

10 evidence of a social security number that is deter11 mined by the institution to be correct’’;

12 (24) in section 484B(a), by striking ‘‘grant,

13 loan, or work assistance’’ and inserting ‘‘grant or

14 loan assistance’’;

15 (25) in section 484B(b)(3), by striking ‘‘sub16 section (d)’’ and inserting ‘‘subsection (c)’’;

17 (26) in section 485(a)(1)(F)(iv), by inserting

18 ‘‘under’’ after ‘‘awards’’;

19 (27) in section 485(a)(1)(F)(viii), by striking the

20 period;

21 (28) in section 485(a)(1)(F), by striking clause

22 (vi) and redesignating clauses (vii) and (viii) as

23 clauses (vi) and (vii), respectively;

24 (29) in section 485(a)(1)(L), by inserting a

25 comma after ‘‘full-time’’;
45

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1 (30) in section 485(a)(3), by striking subpara2 graph (A) and inserting the following:

3 ‘‘(A) shall, for any academic year beginning

4 more than 270 days after the Secretary first pre5 scribes final regulations pursuant to such sub6 paragraph (L), be made available to current and

7 prospective students prior to enrolling or enter8 ing into any financial obligation;’’;

9 (31) in paragraphs (1)(A) and (2)(A) of section

10 485(b), by striking ‘‘under parts’’ and inserting

11 ‘‘under part’’;

12 (32) in section 485(e), by adding at the end the

13 following new paragraph:

14 ‘‘(9) This subsection shall not be effective until the first

15 July 1 that follows, by more than 270 days, the date on

16 which the Secretary first prescribes final regulations pursu17 ant to this subsection. The reports required by this sub18 section shall be due on that July 1 and each succeeding

19 July 1 and shall cover the 1-year period ending June 30

20 of the preceding year.’’;

21 (33) in section 485B(a)—

22 (A) by striking ‘‘part E’’ and inserting

23 ‘‘parts D and E’’; and

24 (B) by striking the second period at the end

25 of the third sentence;
46

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1 (34) in section 485B(a)(4), by striking ‘‘part E’’

2 and inserting ‘‘parts D and E’’;

3 (35) in section 485B(c), by striking ‘‘part B or

4 part E’’ and inserting ‘‘part B, D, or E’’;

5 (36) in section 485B(e), by striking ‘‘under this

6 part’’ each place it appears and inserting ‘‘under this

7 title’’;

8 (37) in section 487(a)(2), by striking ‘‘, or for

9 completing or handling the Federal Student Assist10 ance Report’’;

11 (38) in section 487(c)(1)(F), by striking ‘‘eligi12 bility for any program under this title of any other13 wise eligible institution,’’ and inserting ‘‘participa14 tion in any program under this title of an eligible in15 stitution,’’;

16 (39) in section 489(a), by striking ‘‘484(c)’’ and

17 inserting ‘‘484(h)’’; and

18 (40) in section 491(h)(1), by striking ‘‘subtitle

19 III’’ and inserting ‘‘subchapter III’’.

20 (h) AMENDMENTS TO PART H OF TITLE IV OF THE

21 ACT.—Part H of title IV of the Act is amended—

22 (1) in section 494C(a), by striking the first and

23 second sentences and inserting the following: ‘‘The

24 Secretary shall review all eligible institutions of high25 er education in a State to determine if any such in-
47

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1 stitution meets any of the criteria in subsection (b).

2 If any such institution meets one or more of such cri3 teria, the Secretary shall inform the State in which

4 such institution is located that the institution has met

5 such criteria, and the State shall review the institu6 tion pursuant to the standards in subsection (d). The

7 Secretary may determine that a State need not review

8 an institution if such institution only meets the cri9 terion in subsection (b)(10), such institution was pre10 viously reviewed by the State under subsection (d),

11 and the State determined in such previous review that

12 the institution did not violate any of the standards in

13 subsection (d).’’;

14 (2) in section 494C(i), by striking ‘‘sections 428

15 or 487’’ and inserting ‘‘section 428 or 487’’;

16 (3) in section 496(a)(2)(A)(i), by inserting ‘‘of

17 institutions’’ after ‘‘membership’’;

18 (4) in section 496(a)(3)(A), by striking ‘‘sub19 paragraph (A)’’ and inserting ‘‘subparagraph (A)(i)’’;

20 (5) in section 496(a)(5)—

21 (A) by striking the period at the end of sub22 paragraph (L) and inserting a semicolon; and

23 (B) by inserting after subparagraph (L) the

24 following:
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1 ‘‘except that subparagraphs (G), (H), (I), (J), and (L) shall

2 not apply to agencies or associations described in para3 graph (2)(A)(ii) of this subsection;’’;

4 (6) in section 496(c), by striking ‘‘for the pur5 pose of this title’’ and inserting ‘‘as a reliable author6 ity as to the quality of education or training offered

7 by an institution seeking to participate in the pro8 grams authorized under this title’’;

9 (7) in section 496(l)(2)—

10 (A) by striking ‘‘institutution’’ and insert11 ing ‘‘institution’’; and

12 (B) by striking ‘‘association leading to the

13 suspension’’ and inserting ‘‘association, described

14 in paragraph (2)(A)(i), (2)(B), or (2)(C) of sub15 section (a) of this section, leading to the suspen16 sion’’;

17 (8) in section 496(n)(1), by amending subpara18 graph (B) to read as follows:

19 ‘‘(B) site visits, including unannounced site vis20 its as appropriate, at accrediting agencies and asso21 ciations, and, at the Secretary’s discretion, at rep22 resentative member institutions.’’;

23 (9) in section 498(c)(3), by amending subpara24 graph (C) to read as follows:
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1 ‘‘(C) such institution establishes to the satisfac2 tion of the Secretary, with the support of a report of

3 an independent certified public accountant prepared

4 under generally accepted accounting principles (ex5 cept as provided herein), that the institution has suf6 ficient resources (which shall include, as a current

7 asset, the equity in land, buildings, and other facili8 ties owned and occupied by such institution and used

9 to provide the education and training services de10 scribed in such institution’s official publications and

11 statements) to ensure against precipitous closure, in12 cluding the ability to meet all of its financial obliga13 tions, including refunds of institutional charges and

14 repayments to the Secretary for liabilities and debts

15 incurred in programs administered by the Secretary;

16 or’’;

17 (10) in section 498(f), by inserting after the sec18 ond sentence the following: ‘‘The Secretary may estab19 lish priorities by which institutions are to receive site

20 visits, and may coordinate such visits with site visits

21 by States, guaranty agencies, and accrediting bodies

22 in order to eliminate duplication, and reduce admin23 istrative burden.’’;

24 (11) in section 498(h)(1)(B), by amending clause

25 (iii) to read as follows:
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1 ‘‘(iii) the Secretary determines that an in2 stitution that seeks to renew its certification is,

3 in the judgment of the Secretary, in an adminis4 trative or financial condition that may jeopard5 ize its ability to perform its financial respon6 sibilities under a program participation agree7 ment.’’;

8 (12) in section 498(h)(3), by striking ‘‘the Sec9 retary may terminate’’; and inserting ‘‘the Secretary

10 may, after providing the institution an opportunity

11 to show that the institution meets those responsibil12 ities, terminate’’;

13 (13) in section 498, by amending subsection

14 (i)(1) to read as follows:

15 ‘‘(i) TREATMENT OF CHANGES OF OWNERSHIP.—(1)

16 An eligible institution of higher education that has had a

17 change in ownership resulting in a change of control shall

18 not qualify to participate in programs under this title after

19 the change in control (except as provided in paragraph (3))

20 unless it establishes that it meets the requirements of section

21 481 (other than the requirements in subsections (b)(5) and

22 (c)(3)) and this section after such change in control.’’;

23 (14) in section 498(i)(3), by amending subpara24 graph (A) to read as follows:
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1 ‘‘(A) the sale or transfer, upon the death of an

2 owner of an institution, of the ownership interest of

3 the deceased in that institution to a family member

4 or to a person holding an ownership interest in that

5 institution; or’’;

6 (15) in section 498(j), by amending subsection

7 (j)(1) to read as follows:

8 ‘‘(j) TREATMENT OF BRANCHES.—(1) A branch of an

9 eligible institution of higher education, as defined pursuant

10 to regulations of the Secretary, must be certified under this

11 subpart before it may participate as part of such institution

12 in a program under this title, except that such branch shall

13 not be required to meet the requirements of sections

14 481(b)(5) and 481(c)(3) prior to seeking such certification.

15 Such branch is required to be in existence at least 2 years

16 prior to seeking certification as a main campus or free17 standing institution.’’; and

18 (16) in section 498A(e), by striking ‘‘Act,’’ and

19 inserting ‘‘Act’’.

20 (i) AMENDMENTS TO TITLES V THROUGH XII OF THE

21 ACT.—The Act is amended—

22 (1) in section 505(b)(2)(D)(iii), by striking the

23 period and inserting a semicolon;

24 (2) in section 525, by striking subsection (c) and

25 inserting the following:
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1 ‘‘(c) WAIVERS.—For purposes of giving special consid2 eration under section 523(d), a State may waive the cri3 teria contained in the first sentence of subsection (b) for

4 up to 25 percent of individuals receiving Paul Douglas

5 Teacher Scholarships on or after July 1, 1993.’’;

6 (3) in the first sentence of section 530A—

7 (A) by striking ‘‘means’’ and inserting ‘‘is

8 determined both during a scholar’s education

9 and when the scholar begins teaching and

10 means’’; and

11 (B) by striking ‘‘elementary and secondary

12 school teachers’’ each place it appears and insert13 ing ‘‘preschool, elementary, and secondary school

14 teachers’’;

15 (4) in section 535(b)(1)(C), by striking the semi16 colon and inserting a period;

17 (5) in section 537(a), by inserting ‘‘IN’’ before

18 ‘‘GENERAL’’;

19 (6) in section 545(d), by striking ‘‘parts B, D,’’

20 and inserting ‘‘part B, D,’’;

21 (7) in section 580B, by striking ‘‘(a) Authoriza22 tion.—’’;

23 (8) in section 581(b)(2), by striking

24 ‘‘402A(g)(2)’’ and inserting ‘‘402A(g)’’;
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1 (9) in section 597(d)(1), by striking ‘‘Develop2 ment and’’ and inserting ‘‘and Development’’;

3 (10) in section 602(a)(3), by striking ‘‘(1)(A)’’

4 and inserting ‘‘(1)’’;

5 (11) in section 602(a)(4), by striking ‘‘(1)(A)’’

6 and inserting ‘‘(1)’’;

7 (12) in section 603(a), by striking ‘‘RESOURCES’’

8 and inserting ‘‘Resource’’;

9 (13) in section 607(c), by redesignating the last

10 paragraph as paragraph (3);

11 (14) in section 714, by striking ‘‘(a) IN GEN12 ERAL.—’’;

13 (15) in section 715(b)—

14 (A) by striking ‘‘(1) STATE GRANTS.—’’;

15 (B) by redesignating subparagraphs (A)

16 and (B) as paragraphs (1) and (2);

17 (C) in paragraph (2) (as so redesignated)

18 by redesignating clauses (i), (ii), and (iii) as

19 subparagraphs (A), (B), and (C), respectively;

20 and

21 (D) by reducing the indentation of such

22 paragraphs (1) and (2) (as so redesignated) by

23 two em spaces;

24 (16) in section 725—
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1 (A) by redesignating paragraphs (2)

2 through (5) as subparagraphs (3) through (6),

3 respectively; and

4 (B) by inserting after paragraph (1) the fol5 lowing:

6 ‘‘(2) shall require that the first loans for capital

7 projects authorized under section 723 be made no

8 later than March 31, 1994, and that the provisions of

9 part B be administered under the Education Depart10 ment General Administrative Regulations (EDGAR),

11 if final regulations have not been completed by that

12 date to implement the provisions of part B;’’

13 (17) in section 726, by inserting a period after

14 ‘‘title’’ the first time it appears and striking the re15 mainder of the sentence;

16 (18) in section 731(a), by striking ‘‘faculties,’’

17 and inserting ‘‘faculty,’’;

18 (19) in section 731(c), by striking ‘‘enactment

19 of’’;

20 (20) in section 734(e)—

21 (A) by striking ‘‘FACULTIES’’ and inserting

22 ‘‘FACULTY’’; and

23 (B) by striking ‘‘faculties’’ and inserting

24 ‘‘faculty’’;
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1 (21) in section 781(b), by striking ‘‘Education

2 Amendments of 1992,’’ and inserting ‘‘Education

3 Amendments of 1992’’;

4 (22) in section 782(1)(A), by striking ‘‘out5 patient care of student’’ and inserting ‘‘outpatient

6 care of students’’;

7 (23) in the matter preceding paragraph (1) of

8 section 802(b), by inserting after ‘‘fiscal year’’ the fol9 lowing: ‘‘the Secretary shall reserve such amount as

10 is necessary to make continuing awards to institu11 tions of higher education that were, on the date of en12 actment of the Higher Education Amendments of

13 1992, operating an existing cooperative education

14 program under a multiyear project award and to

15 continue to pay to such institutions the Federal share

16 in effect on the day before such date of enactment. Of

17 the remainder of the amount appropriated in such

18 fiscal year’’;

19 (24) in section 803(b)(6)(A), by striking out

20 ‘‘data’’;

21 (25) in section 803(e)(2)—

22 (A) by striking ‘‘Mexican American’’ and

23 inserting ‘‘Mexican-American’’; and

24 (B) by striking ‘‘Mariana’’ and inserting

25 ‘‘Marianian’’;
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1 (26) in section 901(b)(2), by striking ‘‘such

2 part’’ and inserting ‘‘such title’’;

3 (27) in section 922, by striking subsection (f)

4 and inserting the following:

5 ‘‘(f) INSTITUTIONAL PAYMENTS.—(1) The Secretary

6 shall pay to the institution of higher education, for each

7 individual awarded a fellowship under this part at such

8 institution, an institutional allowance. Except as provided

9 in paragraph (2), such allowance shall be—

10 ‘‘(A) $6,000 annually with respect to individuals

11 who first received fellowships under this part prior to

12 academic year 1993–1994;

13 ‘‘(B) with respect to individuals who first receive

14 fellowships during or after academic year 1993–

15 1994—

16 ‘‘(i) $9,000 for the academic year 1993–

17 1994;

18 ‘‘(ii) for succeeding academic years, $9,000

19 adjusted annually thereafter in accordance with

20 inflation as determined by the Department of

21 Labor’s Consumer Price Index for the previous

22 calendar year.

23 ‘‘(2) The institutional allowance paid under para24 graph (1) shall be reduced by the amount the institution

25 charges and collects from a fellowship recipient for tuition
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1 and other expenses as part of the recipient’s instructional

2 program.’’;

3 (28) in the second sentence of section 923(b)(1),

4 by striking ‘‘granting of such fellowships’’ and all

5 that follows through ‘‘set forth in this section,’’ and

6 inserting ‘‘granting of such fellowships for an addi7 tional period of study not to exceed one 12-month pe8 riod,’’;

9 (29) in section 923(b)(2), by striking out the sec10 ond and third sentences and inserting the following:

11 ‘‘Such period shall not exceed a total of 3 years, con12 sisting of not more than 2 years of support for study

13 or research, and not more than 1 year of support for

14 dissertation work provided that the student has at15 tained satisfactory progress prior to the dissertation

16 stage, except that the Secretary may provide by regu17 lation for the granting of such fellowships for an ad18 ditional period of study not to exceed one 12-month

19 period, under special circumstances which the Sec20 retary determines would most effectively serve the

21 purposes of this part. The Secretary shall make a de22 termination to provide such 12-month extension of an

23 award to an individual fellowship recipient for study

24 or research upon review of an application for such ex25 tension by the recipient. The institution shall provide
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1 2 years of support for each student following the years

2 of Federal predissertation support under this part.

3 Any student receiving an award for graduate study

4 leading to a doctoral degree shall receive at least 1

5 year of supervised training in instruction during his

6 or her doctoral program.’’;

7 (30) in section 923(b), by adding at the end the

8 following new paragraph:

9 ‘‘(3) CONTINUATION OF AWARDS UNDER PRIOR

10 LAW.—Notwithstanding any other provision of law,

11 in the case of an individual who was awarded a

12 multiyear fellowship under this part before the date

13 of enactment of the Higher Education Amendments of

14 1992, awards to such individual for the remainder of

15 such fellowship may, at the discretion of the institu16 tion of higher education attended by such individual,

17 be subject to the requirements of this subsection as in

18 effect prior to such date of enactment. The institution

19 shall be required to exercise such discretion at the

20 time that its application to the Secretary for a grant

21 under this part, and the amount of any such grant,

22 are being considered by the Secretary.’’;

23 (31) in section 924, by adding at the end thereof

24 the following new sentence: ‘‘Notwithstanding any

25 other provision of law, the Secretary may use funds
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1 appropriated pursuant to this section for fiscal year

2 1994 to make continuation awards under section

3 923(b)(3) to individuals who would have been eligible

4 for such awards in fiscal year 1993 if such section

5 had been in effect.’’;

6 (32) in section 931(a), by inserting after the first

7 sentence the following new sentence: ‘‘These fellow8 ships shall be awarded to students intending to pur9 sue a doctoral degree, except that fellowships may be

10 granted to students pursuing a master’s degree in

11 those fields in which the master’s degree is commonly

12 accepted as the appropriate degree for a tenured-track

13 faculty position in a baccalaureate degree-granting

14 institution.’’;

15 (33) in the third sentence of section 932(a)(1), by

16 striking ‘‘doctoral’’ and inserting ‘‘graduate’’;

17 (34) in section 932(c), by striking ‘‘doctoral’’

18 and inserting ‘‘graduate’’;

19 (35) in section 933(b), by striking paragraph (1)

20 and inserting the following:

21 ‘‘(1) IN GENERAL.—(A) The Secretary shall (in

22 addition to stipends paid to individuals under this

23 part) pay to the institution of higher education, for

24 each individual awarded a fellowship under this part

25 at such institution, an institutional allowance. Ex-
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1 cept as provided in subparagraph (B), such allowance

2 shall be—

3 ‘‘(i) $6,000 annually with respect to indi4 viduals who first received fellowships under this

5 part prior to academic year 1993–1994;

6 ‘‘(ii) with respect to individuals who first

7 receive fellowships during or after academic year

8 1993–1994—

9 ‘‘(I) $9,000 for the academic year

10 1993–1994;

11 ‘‘(II) for succeeding academic years,

12 $9,000 adjusted annually thereafter in ac13 cordance with inflation as determined by

14 the Department of Labor’s Consumer Price

15 Index for the previous calendar year.

16 ‘‘(B) The institutional allowance paid under

17 subparagraph (A) shall be reduced by the amount the

18 institution charges and collects from a fellowship re19 cipient for tuition and other expenses as part of the

20 recipient’s instructional program.’’;

21 (36) in section 941, by striking ‘‘the part’’ and

22 inserting ‘‘this part’’;

23 (37) in section 943(b), by striking ‘‘foreign lan24 guages or area studies’’ and inserting ‘‘foreign lan25 guages and area studies’’;
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1 (38) in section 945, by striking subsection (c)

2 and inserting the following:

3 ‘‘(c) TREATMENT OF INSTITUTIONAL PAYMENTS.—An

4 institution of higher education that makes institutional

5 payments for tuition and fees on behalf of individuals sup6 ported by fellowships under this part in amounts that ex7 ceed the institutional payments made by the Secretary pur8 suant to section 946(a) may count such payments toward

9 the amounts the institution is required to provide pursuant

10 to section 944(b)(2).’’;

11 (39) in section 946, by striking subsection (a)

12 and inserting the following:

13 ‘‘(f) INSTITUTIONAL PAYMENTS.—(1) The Secretary

14 shall (in addition to stipends paid to individuals under this

15 part) pay to the institution of higher education, for each

16 individual awarded a fellowship under this part at such

17 institution, an institutional allowance. Except as provided

18 in paragraph (2), such allowance shall be—

19 ‘‘(A) $6,000 annually with respect to individuals

20 who first received fellowships under this part prior to

21 academic year 1993–1994;

22 ‘‘(B) with respect to individuals who first receive

23 fellowships during or after academic year 1993–

24 1994—
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1 ‘‘(i) $9,000 for the academic year 1993–

2 1994;

3 ‘‘(ii) for succeeding academic years, $9,000

4 adjusted annually thereafter in accordance with

5 inflation as determined by the Department of

6 Labor’s Consumer Price Index for the previous

7 calendar year.

8 ‘‘(2) The institutional allowance paid under para9 graph (1) shall be reduced by the amount the institution

10 charges and collects from a fellowship recipient for tuition

11 and other expenses as part of the recipient’s instructional

12 program.’’;

13 (40) in section 951(a), in the matter preceding

14 paragraph (1), by inserting ‘‘Pacific Islanders,’’ after

15 ‘‘Native Americans,’’;

16 (41) in section 1004(a), by striking ‘‘part’’ and

17 inserting ‘‘subpart’’;

18 (42) in section 1011(d), by striking ‘‘part’’ and

19 inserting ‘‘subpart’’;

20 (43) in part D of title X, by redesignating sec21 tion 1181 as section 1081;

22 (44) in section 1081(d) (as so redesignated) by

23 inserting a comma after ‘‘this title)’’ and after ‘‘such

24 institutions’’;
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1 (45) in section 1142(d)(2), by inserting ‘‘pro2 gram’’ after ‘‘literacy corps’’;

3 (46) in section 1201(a), by striking ‘‘subpart 3

4 of part H,’’ and inserting ‘‘subpart 2 of part H of

5 title IV of this Act,’’;

6 (47) by amending section 1204 to read as fol7 lows:

8 ‘‘TREATMENT OF TERRITORIES AND TERRITORIAL STUDENT

9 ASSISTANCE

10 ‘‘SEC. 1204. (a) The Secretary is required to waive the

11 eligibility criteria of any postsecondary education program

12 administered by the Department where such criteria do not

13 take into account the unique circumstances in Guam, the

14 Virgin Islands, American Samoa, the Republic of Palau,

15 the Commonwealth of the Northern Mariana Islands, and

16 the freely associated states.

17 ‘‘(b) Notwithstanding any other provision of law, an

18 institution of higher education that is located in any of the

19 freely associated states, rather than a State, shall be eligible,

20 if otherwise qualified, for assistance under chapter 1 of sub21 part 2 of part A of title IV of this Act.’’;

22 (48) in section 1205, in the section heading, by

23 inserting ‘‘NATIONAL ADVISORY’’ before ‘‘COM24 MITTEE’’;
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1 (49) in section 1205(a), by inserting ‘‘National

2 Advisory’’ before ‘‘Committee’’ the first place it ap3 pears;

4 (50) in paragraphs (1) and (6) of section

5 1205(c), by inserting ‘‘of title IV of this Act’’ after

6 ‘‘part H’’;

7 (51) in section 1205(f), by striking ‘‘Accredita8 tion and Institutional Eligibility’’ and inserting ‘‘In9 stitutional Quality and Integrity’’;

10 (52) in section 1209(f)(1), by striking ‘‘the Act’’

11 and inserting ‘‘this Act’’;

12 (53) in title XII, by redesignating section 1211

13 (as added by section 6231 of the Omnibus Trade and

14 Competitiveness Act of 1988) as section 1212; and

15 (54) in section 1212(e)(2) (as so redesignated),

16 by inserting close quotation marks after ‘‘facilities’’

17 the first place it appears.

18 (j) AMENDMENTS TO THE 1992 AMENDMENTS.—The

19 Higher Education Amendments of 1992 is amended—

20 (1) in section 401(d)(2)(A), by inserting ‘‘the

21 first place it appears’’ before ‘‘the following:’’;

22 (2) in section 425(d)(1)—

23 (A) by inserting ‘‘the second sentence of’’

24 after ‘‘(1) in’’; and

25 (B) by striking ‘‘in the second sentence’’;
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1 (3) in section 425(d)(4)—

2 (A) by inserting ‘‘the second sentence of’’

3 after ‘‘(4) in’’; and

4 (B) by striking ‘‘in the second sentence’’;

5 (4) in section 426(c), by striking ‘‘new sub6 sections’’ and inserting ‘‘new subsection’’;

7 (5) in section 432(a)(3), by striking

8 ‘‘427(a)(2)(C) and 428(b)(1)(M)’’ and inserting

9 ‘‘427(a)(2)(C), 428(b)(1)(M), and 428B(d)(1)’’;

10 (6) in section 432(a)—

11 (A) by redesignating paragraphs (13), (14),

12 and (15), as paragraphs (14), (15), and (16), re13 spectively; and

14 (B) by inserting immediately after para15 graph (12) the following new paragraph:

16 ‘‘(13) that the changes made to subsections (a)

17 and (c) of section 435, as they relate to the elimi18 nation of vocational schools from the definition of an

19 eligible institution and to the repeal of the definition

20 of a vocational school, shall be effective as of the effec21 tive date of final regulations implementing section

22 481(e)(2)(A) of the Act;’’;

23 (7) in section 446, by striking subsection (c);

24 (8) in section 465(a), by amending paragraph

25 (1) to read as follows:
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1 ‘‘(1) in subparagraph (A), by striking ‘and such

2 determination’ and all that follows through ‘such

3 chapter 1’;’’;

4 (9) in section 484, by inserting after subsection

5 (h) the following new subsection:

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

7 subsection (g) with respect to the addition of subsection (n)

8 shall be effective on and after December 1, 1987.’’;

9 (10) in section 486(a)(3), by striking ‘‘section 1’’

10 and inserting ‘‘section 103’’;

11 (11) in section 498—

12 (A) by redesignating paragraphs (3), (4),

13 (5), (6), and (7) as paragraphs (4), (5), (6), (7),

14 and (8), respectively;

15 (B) by inserting immediately after para16 graph (2) the following new paragraph:

17 ‘‘(3) the changes made to section 481(b) and (c),

18 relating to the references to an eligible program, shall

19 be effective as of the effective date of final regulations

20 implementing section 481(e)(2)(A) of the Act;’’; and

21 (C) by amending paragraph (4) (as redesig22 nated by subparagraph (A)) to read as follows:

23 ‘‘(4) section 481(e), as added by such amend24 ments, relating to the definition of an eligible pro25 gram, shall be effective as of the effective date of final
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1 regulations implementing paragraph (2)(A) of such

2 section;’’;

3 (12) in section 1409(b)(1), by striking ‘‘the As4 bestos Hazard Emergency Response Act’’ and insert5 ing ‘‘section 202 of the Toxic Substances Control Act

6 (15 U.S.C. 2642)’’;

7 (13) in section 1422(9), by striking ‘‘has placed’’

8 and inserting ‘‘have placed’’;

9 (14) in section 1442(c), by striking ‘‘Chairman’’

10 and inserting ‘‘Chairperson’’;

11 (15) in section 1541(g), by striking ‘‘edu12 cational’’ and inserting ‘‘education’’; and

13 (16) in section 1554(a)(1), by striking ‘‘4’’ and

14 inserting ‘‘6’’.

15 (k) AMENDMENT TO THE 1986 AMENDMENT.—Section

16 1507(a)(12) of the Higher Education Amendments of 1986

17 is amended by striking the period and inserting a semi18 colon.

19 (l) ACCREDITATION THROUGH TRANSFER OF CRED20 IT.—(1) An institution of higher education which satisfied

21 the requirements of section 1201(a)(5)(B) of the Act prior

22 to the enactment of the Higher Education Amendments of

23 1992, shall be considered to meet the requirements of section

24 1201(a)(5) of the Act if—
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1 (A) within 60 days after the date of enactment

2 of the Higher Education Technical Amendments of

3 1993, such institution has applied for accreditation

4 by a nationally recognized accrediting agency or asso5 ciation which the Secretary determines, pursuant to

6 subpart 2 of part H of title IV of the Act, to be a reli7 able authority as to the quality of education or train8 ing offered; and

9 (B) within 2 years of the date of enactment of

10 the Higher Education Technical Amendments of 1993,

11 such institution is accredited by such an accrediting

12 agency or association or, if not so accredited, has been

13 granted preaccreditation status by such an agency or

14 association that has been recognized by the Secretary

15 for the granting of preaccreditation status, and the

16 Secretary has determined that there is satisfactory as17 surance that the institution will meet the accredita18 tion standards of such an agency or association with19 in a reasonable time.

20 (2) Paragraph (1) of this subsection shall be effective

21 July 23, 1992.

22 (m) AMENDMENT TO PART D OF TITLE IV OF THE

23 ACT.—Section 453(b)(2)(B) of the Act is amended to read

24 as follows:
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1 ‘‘(B) if the Secretary determines it nec2 essary in order to carry out the purposes of sub3 paragraph (A) and attain such reasonable rep4 resentation (as required by subparagraph (A)),

5 selecting additional institutions.’’.

Amend the title so as to read: ‘‘An Act to make certain technical and conforming amendments to the Higher

Education Act of 1965.’’.

Attest:

Clerk.

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