IB
Union Calendar No. 371
106TH CONGRESS
2D SESSION
H. R. 4504
[Report No. 106–665]
To make technical amendments to the Higher Education Act of 1965.
IN THE HOUSE OF REPRESENTATIVES
MAY 19, 2000
Mr. MCKEON (for himself, Mr. GOODLING, Mr. CLAY, and Mr. MARTINEZ)
introduced the following bill; which was referred to the Committee on
Education and the Workforce
JUNE 12, 2000
Additional sponsor: Mr. SOUDER
JUNE 12, 2000
Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union, and ordered to be printed
[Strike out all after the enacting clause and insert the part printed in italic]
[For text of introduced bill, see copy of bill as introduced on May 19, 2000]
A BILL
To make technical amendments to the Higher Education
Act of 1965.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; REFERENCE; EFFECTIVE DATE.
(a) SHORT TITLE.—This Act may be cited as the
‘‘Higher Education Technical Amendments of 2000’’.
(b) REFERENCE.—Except as otherwise expressly pro-
vided in this Act, whenever in this Act an amendment or
repeal is expressed in terms of an amendment to, or repeal
of, a section or other provision, the reference shall be consid-
ered to be made to a section or other provision of the Higher
Education Act of 1965 (20 U.S.C. 1001 et seq.).
(c) EFFECTIVE DATE.—Except as otherwise provided
in this Act, the amendments made by this Act shall take
effect as if enacted as part of the Higher Education Amend-
ments of 1998 (Public Law 105–244).
SEC. 2. TECHNICAL AMENDMENTS.
(a) AMENDMENTS TO TITLE I.—
(1) Section 101(a)(1) (20 U.S.C. 1001(a)(1)) is
amended by inserting before the semicolon at the end
the following: ‘‘, or students who meet the require-
ments of section 484(d)(3)’’.
(2) 
Section 
102(a)(2)(A) 
(20 
U.S.C.
1002(a)(2)(A)) is amended to read as follows:
‘‘(A) IN
GENERAL.—For the purpose of
qualifying as an institution under paragraph
(1)(C), the Secretary shall establish criteria by
regulation for the approval of institutions out-
side the United States and for the determination
that such institutions are comparable to an in-
stitution of higher education as defined in sec-
tion 101 (except that a graduate medical school,
or a veterinary school, located outside the United
States shall not be required to meet the require-
ments of section 101(a)(4)). Such criteria shall
include a requirement that a student attending
such school outside the United States is ineligible
for loans made, insured, or guaranteed under
part B unless—
‘‘(i) in the case of a graduate medical
school located outside the United States—
‘‘(I)(aa) at least 60 percent of
those enrolled in, and at least 60 per-
cent of the graduates of, the graduate
medical school outside the United
States were not persons described in
section 484(a)(5) in the year preceding
the year for which a student is seeking
a loan under part B of title IV; and
‘‘(bb) at least 60 percent of the in-
dividuals who were students or grad-
uates of the graduate medical school
outside the United States (both nation-
als of the United States and others)
taking the examinations administered
by the Educational Commission for
Foreign Medical Graduates received a
passing score in the year preceding the
year for which a student is seeking a
loan under part B of title IV; or
‘‘(II) the institution has a clinical
training program that was approved
by a State as of January 1, 1992; or
‘‘(ii) in the case of a veterinary school
located outside the United States that does
not meet the requirements of section
101(a)(4)—
‘‘(I) the institution was certified
by the Secretary as eligible to partici-
pate in the loan program under part B
of title IV before October 1, 1999; and
‘‘(II) the institution’s students
complete their clinical training at an
approved veterinary school located in
the United States.’’.
(3) 
Section 
102(a)(3)(A) 
(20 
U.S.C.
1002(a)(3)(A)) is amended by striking ‘‘section
521(4)(C) of the Carl Perkins Vocational and Applied
Technology Education Act’’ and inserting ‘‘section
3(3)(C) of the Carl D. Perkins Vocational and Tech-
nical Education Act of 1998’’.
(4) Section 103(7) (20 U.S.C. 1003(7)) is
amended to read as follows:
‘‘(7) NEW BORROWER.—The term ‘new borrower’
when used with respect to any date for any loan
under any provision of—
‘‘(A) part B or part D of title IV means an
individual who on that date has no outstanding
balance of principal or interest owing on any
loan made, insured, or guaranteed under either
such part; and
‘‘(B) part E of title IV means an individual
who on that date has no outstanding balance of
principal or interest owing on any loan made
under such part.’’.
(5) 
Section 
131(a)(3)(A)(iii) 
(20 
U.S.C.
1015(a)(3)(A)(iii)) is amended—
(A) by striking ‘‘an undergraduate’’ and in-
serting ‘‘a full-time undergraduate’’; and
(B) in subclause (I), by striking ‘‘section
428(a)(2)(C)(i)’’ 
and 
inserting 
‘‘section
428(a)(2)(C)(ii)’’.
(6) Section 131(b) is amended by striking ‘‘the
costs for typical’’ and inserting ‘‘the prices for, and
financial aid provided to, typical’’.
(7) Section 131(c)(2)(B) is amended by striking
‘‘costs’’ and inserting ‘‘prices’’.
(8) Section 131(d)(1) is amended by striking ‘‘3
years’’ and inserting ‘‘4 years’’.
(9) Section 141 (20 U.S.C. 1018) is amended—
(A) in subsection (a)(2)(B), by inserting
‘‘total and unit’’ after ‘‘to reduce the’’;
(B) in subsection (c)—
(i) in paragraph (1)(A), by striking
‘‘Each year’’ and inserting ‘‘Each fiscal
year’’;
(ii) in paragraph (1)(B), by inserting
‘‘guaranty agencies,’’ after ‘‘lenders,’’; and
(iii) in paragraph (2)—
(I) in subparagraph (A), by strik-
ing ‘‘expenditures’’ and inserting ‘‘ad-
ministrative expenditures for the most
recent fiscal year’’; and
(II) in subparagraph (B), by
striking ‘‘Chief Financial Officer Act
of 1990 and’’ and inserting ‘‘Chief Fi-
nancial Officers Act of 1990,’’ and by
inserting before the period at the end
the following: ‘‘, and other relevant leg-
islation’’;
(C) in subsection (f)(3)(A), by striking
‘‘paragraph (1)(A)’’ and inserting ‘‘paragraph
(1)’’; and
(D) in subsection (g)(3), by adding at the
end the following new sentence: ‘‘The names and
compensation for those individuals shall be in-
cluded in the annual report under subsection
(c)(2).’’.
(b) AMENDMENTS TO TITLE III.—
(1) Subsection (g) of section 324 (20 U.S.C.
1063(g)) is amended to read as follows:
‘‘(g) SPECIAL RULE FOR CERTAIN DISTRICT OF CO-
LUMBIA ELIGIBLE INSTITUTIONS.—
‘‘(1) HOWARD UNIVERSITY.—In any fiscal year
that the Secretary determines that Howard Univer-
sity will receive an allotment under subsections (b)
and (c) which is not in excess of amounts received for
such fiscal year by Howard University under the Act
of March 2, 1867 (14 Stat. 438; 20 U.S.C. 123), relat-
ing to the annual appropriations for Howard Univer-
sity, then Howard University shall be ineligible to re-
ceive an allotment under this section.
‘‘(2) UNIVERSITY OF THE DISTRICT OF COLUM-
BIA.—In any fiscal year, the University of the Dis-
trict of Columbia may receive financial assistance
under this part, or under section 4(c) of the District
of Columbia College Access Act of 1999 (P.L. 106–98),
but not under both this part and such section.’’.
(2) Section 326(e)(1) (20 U.S.C. 1063b(e)(1)) is
amended, in the matter preceding subparagraph (A),
by inserting a colon after ‘‘the following’’.
(3) Section 342(5)(C) (20 U.S.C. 1066a(5)(C)) is
amended—
(A) by inserting a comma after ‘‘equip-
ment’’ the first place it appears; and
(B) by striking ‘‘technology,,’’ and inserting
‘‘technology,’’.
(4) Section 343(e) (20 U.S.C. 1066b(e)) is
amended by inserting after the subsection designation
the 
following: 
‘‘SALE
OF
QUALIFIED
BONDS.—’’.
(5) Section 1024 (20 U.S.C. 1135b–3), as trans-
ferred by section 301(a)(5) of the Higher Education
Amendments of 1998 (Public Law 105–244; 112 Stat.
636), is repealed.
(c) AMENDMENTS TO PART A OF TITLE IV.—
(1) Section 402D (20 U.S.C. 1070a–14) is
amended—
(A) by redesignating subsection (c) as sub-
section (d); and
(B) by inserting after subsection (b) the fol-
lowing new subsection:
‘‘(c) SPECIAL RULE.—
‘‘(1) USE FOR STUDENT AID.—A recipient of a
grant that undertakes any of the permissible services
identified in subsection (b) may, in addition, use such
funds to provide grant aid to students if the recipient
demonstrates in its application, to the satisfaction of
the Secretary, that the size of the grants the recipient
will provide to students is appropriate and likely to
have a significant impact on retention at that insti-
tution. In making grants to students under this sub-
section, an institution shall ensure that adequate con-
sultation takes place between the student support serv-
ice program office and the institution’s financial aid
office.
‘‘(2) ELIGIBLE STUDENTS.—For purposes of re-
ceiving grant aid under this subsection, eligible stu-
dents shall be current participants in the student sup-
port services program offered by the institution and
be—
‘‘(A) students who are in their first 2 years
of postsecondary education and who are receiv-
ing Federal Pell Grants under subpart 1; or
‘‘(B) students who have completed their first
2 years of postsecondary education and who are
receiving Federal Pell Grants under subpart 1 if
the institution demonstrates to the satisfaction of
the Secretary that—
‘‘(i) these students are at high risk of
dropping out; and
‘‘(ii) it will first meet the needs of all
its eligible first- and second-year students
for services under this paragraph.
‘‘(3) DETERMINATION OF NEED.—A grant pro-
vided to a student under paragraph (1) shall not be
considered in determining that student’s need for
grant or work assistance under this title, except that
in no case shall the total amount of student financial
assistance awarded to a student under this title exceed
that student’s cost of attendance, as defined in section
472.
‘‘(4) MATCHING
REQUIRED.—A recipient of a
grant who uses such funds for the purpose described
in paragraph (1) shall match the funds used for such
purpose, in cash, from non-Federal funds, in an
amount that is not less than 33 percent of the total
amount of funds used for that purpose. This para-
graph shall not apply to any grant recipient that is
an institution of higher education eligible to receive
funds under part A or B of title III or title V.
‘‘(5) RESERVATION.—For any fiscal year after
the date of enactment of the Higher Education Tech-
nical Amendments of 2000, the Secretary may reserve
not more than 20 percent of the funds available under
this section for grant aid in accordance with this sub-
section.’’.
(2)(A) Section 404A(b) (20 U.S.C. 1070a–21(b))
is amended by adding at the end thereof the following
new paragraph:
‘‘(3) DURATION.—An award made by the Sec-
retary under this chapter to an eligible entity de-
scribed in paragraph (1) or (2) of subsection (c) shall
be for a period of 6 years.’’.
(B) The amendment made by subparagraph (A)
shall be effective for awards made for fiscal year 2000
and succeeding fiscal years, except that the Secretary
shall permit recipients of 5-year grants made for fis-
cal year 1999 to amend their applications to include
a 6-year project period.
(3) Section 415A(a)(2) (20 U.S.C. 1070c(a)(2))
is amended by striking ‘‘section 415F’’ and inserting
‘‘section 415E’’.
(4) Section 415E(c) (20 U.S.C. 1070c–3a(c)) is
amended to read as follows:
‘‘(c) AUTHORIZED ACTIVITIES.—Each State receiving
a grant under this section may use the grant funds for—
‘‘(1) making awards that—
‘‘(A) supplement grants received under sec-
tion 415A by eligible students who demonstrate
financial need; or
‘‘(B) provide grants under section 415A to
additional eligible students who demonstrate fi-
nancial need;
‘‘(2) 
providing 
scholarships 
for 
eligible
students—
‘‘(A) who demonstrate financial need; and
‘‘(B) who—
‘‘(i) desire to enter a program of study
leading to a career in—
‘‘(I) information technology;
‘‘(II) 
mathematics, 
computer
science, or engineering; or
‘‘(III) another field determined by
the State to be critical to the State’s
workforce needs; or
‘‘(ii) demonstrate merit or academic
achievement and desire; and
‘‘(3) making awards that—
‘‘(A) supplement community service work-
study awards received under section 415A by eli-
gible students who demonstrate financial need; or
‘‘(B) provide community service work-study
awards under section 415A to additional eligible
students who demonstrate financial need.’’.
(5) Section 415E (20 U.S.C. 1070c–3a) is
amended by adding at the end the following:
‘‘(f) SPECIAL RULE.—Notwithstanding subsection (d),
for purposes of determining a State’s share of the cost of
the authorized activities described in subsection (c)—
‘‘(1) in the case of a State that participates in
the program authorized under this section in fiscal
year 2000—
‘‘(A) if such State participates in the pro-
gram in fiscal year 2001, for that year the State
shall consider only those expenditures from non-
Federal sources that exceed its expenditures for
activities authorized under this subpart for fiscal
year 1999; or
‘‘(B) if such State does not participate in
the program in fiscal year 2001, but participates
in the program in a succeeding fiscal year, for
the first fiscal year after fiscal year 2001 in
which the State participates in the program, the
State shall consider only those expenditures from
non-Federal sources that exceed its expenditures
for activities authorized under this subpart for
the preceding fiscal year, or fiscal year 1999,
whichever is greater; and
‘‘(2) in the case of a State that participates in
the program authorized under this section for the first
time after fiscal year 2000, for the first fiscal year in
which the State participates in the program, the
State shall consider only those expenditures from non-
Federal sources that exceed its expenditures for activi-
ties authorized under this subpart for the preceding
fiscal year.
‘‘(g) USE
OF FUNDS
FOR ADMINISTRATIVE COSTS
PROHIBITED.—A State receiving a grant under this section
shall not use any of the grant funds to pay administrative
costs associated with any of the authorized activities de-
scribed in subsection (c).’’.
(6) Section 419C(b)(1) (20 U.S.C. 1070d–
33(b)(1)) is amended by inserting ‘‘and’’ after the
semicolon at the end thereof.
(7) Section 419D(d) (20 U.S.C. 1070d–34(d)) is
amended by striking ‘‘Public Law 95–1134’’ and in-
serting ‘‘Public Law 95–134’’.
(d) AMENDMENTS TO PART B OF TITLE IV.—
(1) 
Section 
425(a)(1)(A)(i)(II) 
(20 
U.S.C.
1075(a)(1)(A)(i)(II)) is amended to read as follows:
‘‘(II) if such student is enrolled in a
program of undergraduate education that is
less than 1 academic year, the maximum
annual loan amount that such student may
receive may not exceed the lesser of—
‘‘(aa) the amount that bears the
same ratio to the amount specified in
subclause (I) as the length of such pro-
gram measured in semester, trimester,
quarter, or clock hours bears to 1 aca-
demic year; or
‘‘(bb) the amount that bears the
same ratio to the amount specified in
subclause (I) as the length of such pro-
gram measured in weeks of instruction
bears to 1 academic year;’’.
(2) 
Section 
428(a)(2)(A) 
(20 
U.S.C.
1078(a)(2)(A)(i)) is amended—
(A) by striking ‘‘and’’ at the end of sub-
clause (II) of clause (i); and
(B) by moving the margin of clause (iii)
two ems to the left.
(3) Section 428(b)(1) is amended—
(A) in subparagraph (A)(i), by striking
subclause (II) and inserting the following:
‘‘(II) if such student is enrolled in
a program of undergraduate education
that is less than 1 academic year, the
maximum annual loan amount that
such student may receive may not ex-
ceed the lesser of—
‘‘(aa) the amount that bears
the same ratio to the amount
specified in subclause (I) as the
length of such program measured
in semester, trimester, quarter, or
clock hours bears to 1 academic
year; or
‘‘(bb) the amount that bears
the same ratio to the amount
specified in subclause (I) as the
length of such program measured
in weeks of instruction bears to 1
academic year;’’; and
(B) in subparagraph (Y)(i), by striking
‘‘subparagraph (M)(i)’’ and inserting ‘‘subpara-
graph (M)(i)(I)’’.
(4) 
Section 
428(c)(3)(B) 
(20 
U.S.C.
1078(c)(3)(B)) is amended by inserting before the
semicolon at the end the following: ‘‘and recorded in
the borrower’s file, except that such regulations shall
not require such agreements to be in writing’’.
(5) Section 428C(a)(3)(B) (20 U.S.C. 1078–
3(a)(3)(B)) is amended by adding at the end the fol-
lowing new clause:
‘‘(ii) Loans made under this section shall, to the
extent used to discharge loans made under this title,
be counted against the applicable limitations on ag-
gregate indebtedness contained in section 425(a)(2),
428(b)(1)(B), 428H(d), 455, and 464(a)(2)(B).’’.
(6) Section 428H(d)(2)(A)(ii) (20 U.S.C. 1078–
8(d)(2)(A)(ii)) is amended to read as follows:
‘‘(ii) if such student is enrolled in a
program of undergraduate education that is
less than 1 academic year, the maximum
annual loan amount that such student may
receive may not exceed the lesser of—
‘‘(I) the amount that bears the
same ratio to the amount specified in
clause (i) as the length of such pro-
gram measured in semester, trimester,
quarter, or clock hours bears to 1 aca-
demic year; or
‘‘(II) the amount that bears the
same ratio to the amount specified in
subclause (I) as the length of such pro-
gram measured in weeks of instruction
bears to 1 academic year;’’.
(7) Section 428H(e) is amended—
(A) by striking paragraph (6); and
(B) by redesignating paragraph (7) as
paragraph (6).
(8) Section 432(m)(1) (20 U.S.C. 1082(m)(1)) is
amended—
(A) in subparagraph (B)—
(i) in clause (i), by inserting ‘‘and’’
after the semicolon at the end; and
(ii) in clause (ii), by striking ‘‘; and’’
and inserting a period;
(B) by striking clause (iv) of subparagraph
(D); and
(C) by adding at the end the following new
subparagraph:
‘‘(E) PERFECTION OF SECURITY INTERESTS
IN STUDENT LOANS.—
‘‘(i) IN
GENERAL.—Notwithstanding
the provisions of any State law to the con-
trary, including the Uniform Commercial
Code as in effect in any State, a security
interest in loans made under this part, on
behalf of any eligible lender (as defined in
section 435(d)) shall attach, be perfected,
and be assigned priority in the manner pro-
vided by the applicable State’s law for per-
fection of security interests in accounts, as
such law may be amended from time to
time (including applicable transition provi-
sions). If any such State’s law provides for
a statutory lien to be created in such loans,
such statutory lien may be created by the
entity or entities governed by such State
law in accordance with the applicable statu-
tory provisions that created such a statu-
tory lien.
‘‘(ii) COLLATERAL
DESCRIPTION.—In
addition to any other method for describing
collateral in a legally sufficient manner
permitted under the laws of the State, the
description of collateral in any financing
statement filed pursuant to this section
shall be deemed legally sufficient if it lists
such loans, or refers to records (identifying
such loans) retained by the secured party or
any designee of the secured party identified
in such financing statement, including the
debtor or any loan servicer.
‘‘(iii) 
SALES.—Notwithstanding
clauses (i) and (ii) and any provisions of
any State law to the contrary, other than
any such State’s law providing for creation
of a statutory lien, an outright sale of loans
made under this part shall be effective and
perfected automatically upon attachment as
defined in the Uniform Commercial Code of
such State.’’.
(9) Section 435(a)(5) (20 U.S.C. 1085(a)(5)) is
amended—
(A) in subparagraph (A)(i), by striking
‘‘July 1, 2002,’’ and inserting ‘‘July 1, 2004,’’;
and
(B) in subparagraph (B), by striking
‘‘1999, 2000, and 2001’’ and inserting ‘‘1999
through 2003’’.
(10) Subparagraphs (A) and (F) of section
438(b)(2) (20 U.S.C. 1087–1(b)(2)) are each amended
by striking the last sentence.
(11) Section 439(d) (20 U.S.C. 1087–2(d)) is
amended by striking paragraph (3).
(e) AMENDMENT TO PART C OF TITLE IV.—Section
443(b)(2)(B) (42 U.S.C. 2753(b)(2)(B)) is amended by in-
serting ‘‘(including a reasonable amount of time spent in
travel or training directly related to such community serv-
ice)’’ after ‘‘community service’’.
(f) AMENDMENT TO PART D OF TITLE IV.—Paragraph
(6) of section 455(b) (20 U.S.C. 1087e(b)), as redesignated
by section 8301(c)(1) of the Transportation Equity for the
21st Century Act (112 Stat. 498) is redesignated as para-
graph (8), and is moved to follow paragraph (7) as added
by 452(b) of the Higher Education Amendments of 1998
(112 Stat. 1716).
(g) AMENDMENTS TO PART E OF TITLE IV.—
(1) 
Section 
462(g)(1)(E)(i)(I) 
(20 
U.S.C.
1087bb(g)(1)(E)(i)(I)) 
is 
amended 
by 
inserting
‘‘monthly’’ after ‘‘consecutive’’.
(2) 
Section 
464(c)(1)(D) 
(20 
U.S.C.
1087dd(c)(1)(D)) is amended by redesignating sub-
clauses (I) and (II) as clauses (i) and (ii), respec-
tively.
(3) Section 464(c)(2)(A)(iv) is amended by in-
serting before the semicolon at the end the following:
‘‘, except that interest shall continue to accrue on such
loans and such interest shall be eligible for cancella-
tion under section 465’’.
(4) Section 464(h) is amended—
(A) in paragraph (1)(A)—
(i) by inserting ‘‘, and the loan default
has not been reduced to a judgment against
the borrower,’’ after ‘‘defaulted on the loan’’;
and
(ii) by inserting after ‘‘held by the Sec-
retary,’’ the following: ‘‘or if the borrower of
a loan under this part who has defaulted on
the loan elects to make a single payment
equal to the full amount of principal and
interest and collection costs owed on the
loan,’’; and
(B) by adding at the end the following new
paragraph:
‘‘(3) SPECIAL RULE.—At the discretion of the in-
stitution or the Secretary, for the purpose of receiving
the benefits of this subsection, a loan that is in default
and reduced to judgment may be considered rehabili-
tated if—
‘‘(A) the borrower makes 12 on-time, con-
secutive, monthly payments of amounts owed on
the loan, as determined by the institution, or by
the Secretary in the case of a loan held by the
Secretary; or
‘‘(B) the borrower makes a single payment
equal to the full amount of principal and inter-
est and collection costs owed on the loan.’’.
(5)(A) 
Section 
465(a)(2) 
(20 
U.S.C.
1087ee(a)(2)) is amended—
(i) in subparagraph (A), by striking ‘‘sec-
tion 111(c)’’ and inserting ‘‘section 1113(a)(5)’’;
(ii) in subparagraph (C), by striking ‘‘With
Disabilities’’ and inserting ‘‘with Disabilities’’;
and
(iii) in subparagraph (F), by inserting be-
fore the semicolon at the end the following: ‘‘, in-
cluding full-time prosecutors and public defend-
ers earning $30,000 or less in adjusted gross in-
come’’.
(B) The amendment made by subparagraph
(A)(iii) shall be effective on the date of enactment of
this Act, except that such amendment shall not pre-
vent any borrower who, prior to the date of enactment
of this Act, was receiving cancellation of indebtedness
under section 465(a)(2)(F) of the Higher Education
Act of 1965 from continuing to receive such cancella-
tion.
(6) Section 467(b) (20 U.S.C. 1087gg(b)) is
amended by striking ‘‘(5)(A), (5)(B)(i), or (6)’’ and
inserting ‘‘(4)(A), (4)(B), or (5)’’.
(7) Section 469(c) (20 U.S.C. 1087ii(c)) is
amended—
(A) by striking ‘‘sections 602(a)(1) and
672(1)’’ and inserting ‘‘sections 602(3) and
632(5)’’;
(B) by striking ‘‘qualified professional pro-
vider of early intervention services’’ and insert-
ing ‘‘early intervention services’’; and
(C) by striking ‘‘section 672(2)’’ and insert-
ing ‘‘section 632(4)’’.
(h) AMENDMENTS TO PART F OF TITLE IV.—
(1) Section 471 (20 U.S.C. 1087kk) is amended
by striking ‘‘subparts 1 or 2’’ and inserting ‘‘subpart
1, 2, or 4’’.
(2) 
Section 
478 
(20 
U.S.C. 
1087rr) 
is
amended—
(A) in subsection (b)(1)—
(i) by striking ‘‘academic year 1993–
1994’’ and inserting ‘‘academic year 2000–
2001’’; and
(ii) by striking ‘‘December 1992’’ and
inserting ‘‘December 1999’’; and
(B) in subsection (h)—
(i) by striking ‘‘476(b)(4)(B),’’; and
(ii) by striking ‘‘meals away from
home, apparel and upkeep, transportation,
and housekeeping services’’ and inserting
‘‘food away from home, apparel, transpor-
tation, and household furnishings and oper-
ations’’.
(3)(A) Section 479A(a) (20 U.S.C. 1087tt(a)) is
amended by inserting ‘‘a student’s status as a ward
of the court at any time prior to attaining 18 years
of age,’’ after ‘‘487,’’.
(B) The amendment made by subparagraph (A)
shall be effective for academic years beginning on or
after July 1, 2001.
(i) AMENDMENTS TO PARTS G AND H OF TITLE IV.—
(1) Section 482(a) (20 U.S.C. 1089(a)) is
amended by adding at the end the following new
paragraph:
‘‘(5) The Secretary shall provide a period for
public comment of not less than 45 days after publi-
cation of any notice of proposed rulemaking published
after the date of the enactment of the Higher Edu-
cation Technical Amendments of 2000 affecting pro-
grams under this title.’’.
(2) Section 483(d) (20 U.S.C. 1090(d)) is
amended by striking ‘‘that is authorized under section
685(d)(2)(C)’’ and inserting ‘‘, or other appropriate
provider of technical assistance and information on
postsecondary educational services, that is supported
under section 685’’.
(3) Section 484 (20 U.S.C. 1091) is amended—
(A) in subsection (a)(4), by striking ‘‘cer-
tification,,’’ and inserting ‘‘certification,’’;
(B) in subsection (b)(2)—
(i) in the matter preceding subpara-
graph (A), by striking ‘‘section 428A’’ and
inserting ‘‘section 428H’’;
(ii) in subparagraph (A), by inserting
‘‘and’’ after the semicolon at the end thereof;
(iii) in subparagraph (B), by striking
‘‘; and’’ and inserting a period; and
(iv) by striking subparagraph (C);
(C) in subsection (d)(3), by inserting ‘‘cer-
tifies that he or she’’ after ‘‘The student’’; and
(D) in subsection (l)(1)(B)(i), by striking
‘‘section 521(4)(C) of the Carl D. Perkins Voca-
tional and Applied Technology Education Act’’
and inserting ‘‘section 3(3)(C) of the Carl D.
Perkins Vocational and Technical Education Act
of 1998’’.
(4)(A) Section 484(r)(1) is amended by inserting
after ‘‘controlled substance’’ the following: ‘‘during
any period of enrollment for which the student was
receiving assistance under this title’’.
(B) Section 484(r) is further amended—
(i) by redesignating paragraph (3) as para-
graph (5); and
(ii) by inserting after paragraph (2) the fol-
lowing new paragraphs:
‘‘(3) CONSEQUENCES OF FAILURE TO ANSWER.—
Any student who fails to answer a question of the
common financial aid form developed under section
483 that relates to eligibility or ineligibility under
this subsection shall be treated as ineligible until such
question is answered.
‘‘(4) NOTICE.—The Secretary shall require each
institution of higher education to provide each stu-
dent upon enrollment with a separate, clear, and con-
spicuous written notice that advises students of the
penalties contained in this subsection.’’.
(C) The amendments made by this paragraph
shall be effective for academic years beginning on or
after July 1, 2001.
(5)(A) Section 484B (20 U.S.C. 1091b) is
amended—
(i) in subsection (a)(1), by inserting ‘‘sub-
part 4 of part A or’’ after ‘‘received under’’;
(ii) in subsection (a)(3)(B)(ii) by inserting
‘‘(as determined in accordance with subsection
(d))’’ after ‘‘student has completed’’; and
(iii) in subsection (b)(2)—
(I) in subparagraph (B)(ii), by strik-
ing ‘‘subject to—’’ through to the end of
such subparagraph and inserting ‘‘subject to
the procedures described in subparagraph
(C)(ii).’’; and
(II) by amending subparagraph (C) to
read as follows:
‘‘(C) 
GRANT
OVERPAYMENT
REQUIRE-
MENTS.—(i) Notwithstanding subparagraphs (A)
and (B), but subject to clause (ii), a student
shall not be required to return 50 percent of the
total grant assistance received by a student
under this title for a payment period or period
of enrollment. A student shall not be required to
return amounts of less than $50.
‘‘(ii) Subject to clause (iii), a student shall
be permitted to repay any grant overpayment
determined under this section under terms that
permit the student to maintain his or her eligi-
bility for further assistance under this title, in-
cluding a period during which no payment is
due from the student—
‘‘(I) for 6 months, beginning on the
day the student withdrew; and
‘‘(II) while the student is pursuing at
least a half-time course of study, as deter-
mined by the institution.
‘‘(iii) Clause (ii) shall not apply to a stu-
dent who is in default on any repayment obliga-
tions under this title, or who has not made satis-
factory repayment arrangements with respect to
such obligations.’’.
(B) The amendments made by subparagraph (A)
shall be effective for the academic year beginning July
1, 2001, except that, in the case of an institution of
higher education that chooses to implement such
amendments prior to that date, such amendments
shall be effective on the date of such institution’s im-
plementation.
(6) Section 485(a)(1) (20 U.S.C. 1092(a)(1)) is
amended by striking ‘‘mailings, and’’ and inserting
‘‘mailings, or’’.
(7)(A) Section 485(f)(1) (20 U.S.C. 1092(f)(1))
is amended by adding at the end the following new
subparagraphs:
‘‘(I) A statement of policy concerning the han-
dling of reports on missing students, including—
‘‘(i) the policy with respect to notification
of parents, guardians, and local police agencies
and timing of such notification; and
‘‘(ii) the institution’s policy for inves-
tigating reports on missing students and for co-
operating with local police agencies in the inves-
tigation of a report of a missing student.
‘‘(J) A statement of policy regarding the avail-
ability of information, provided by the State to the
institution pursuant to section 170101 of the Violent
Crime Control and Law Enforcement Act of 1994 (42
U.S.C. 14071), regarding sexually violent predators
required to register under such section. Such state-
ment shall include, at a minimum, the following:
‘‘(i) An assurance that the institution shall
make available to the campus community,
through its law enforcement unit or other office,
all such information concerning any person en-
rolled or employed at the institution.
‘‘(ii) The means by which students and em-
ployees obtain access to such information.
‘‘(iii) The frequency at which such informa-
tion is updated.
‘‘(iv) The type of information to be made
available.
‘‘(K) A description of campus fire safety prac-
tices and standards, including—
‘‘(i) information with respect to each cam-
pus residence hall and whether or not such hall
is equipped with a fire sprinkler system or other
fire safety system;
‘‘(ii) statistics concerning the occurrence on
campus of fires and false alarms in residence
halls, including information on deaths, injuries,
and structural damage caused by such occur-
rences, if any, during the 2 preceding calendar
years for which such data are available; and
‘‘(iii) information regarding fire alarms,
smoke alarms, fire escape planning or protocols
(as defined in local fire codes), rules on portable
electrical appliances, smoking and open flames,
regular mandatory supervised fire drills, and
any planned improvements in fire safety.’’.
(B) The amendment made by this paragraph
shall be effective for academic years beginning on or
after July 1, 2001.
(8) Section 485(f) is further amended—
(A) in paragraph (3), by inserting after the
first sentence the following: ‘‘In addition, each
such institution shall make periodic reports to
the campus community regarding fires and false
fire alarms that are reported to a local fire de-
partment.’’;
(B) in paragraph (5)—
(i) by striking ‘‘paragraph (1)(F)’’ and
inserting ‘‘subparagraphs (F) and (J) of
paragraph (1)’’;
(ii) by striking ‘‘and’’ at the end of
subparagraph (B);
(iii) in subparagraph (C), by striking
‘‘education, identify’’ and all that follows
through the end and inserting the following:
‘‘education, identify—
‘‘(i) exemplary campus security policies,
procedures, and practices and disseminate infor-
mation concerning those policies, procedures, and
practices that have proven effective in the reduc-
tion of campus crime; and
‘‘(ii) fire safety policies, procedures, and
practices and disseminate information con-
cerning those policies procedures and practices
that have proven effective in the reduction of
fires on campus; and’’; and
(iv) by adding at the end the following:
‘‘(D) not later than July 1, 2002, prepare and
submit a report to Congress containing—
‘‘(i) an analysis of the current status of fire
safety systems in college and university facilities,
including sprinkler systems;
‘‘(ii) an analysis of the appropriate fire
safety standards to apply to these facilities,
which the Secretary shall prepare after consulta-
tion with such fire safety experts, representatives
of institutions of higher education, and Federal
agencies as the Secretary, in the Secretary’s dis-
cretion, considers appropriate;
‘‘(iii) an estimate of the cost of bringing all
nonconforming residence halls and other campus
buildings into compliance with appropriate
building codes; and
‘‘(iv) recommendations concerning the best
means of meeting fire safety standards in all col-
lege facilities, including recommendations for
methods of funding such costs.’’.
(9) Section 485 is further amended by adding at
the end the following new subsection:
‘‘(h) NEW
OR REVISED REQUIREMENTS.—For any
new requirement for institutional disclosure or reporting
under this Act enacted after April 1, 2000, the period for
which data must be collected shall begin no sooner than 180
days after the publication of final regulations or guidance.
The final regulations or guidance shall include any re-
quired data elements or method of collection (or both). The
Secretary shall take reasonable and appropriate steps to en-
sure that institutions have adequate time to collect and pre-
pare the required data before public disclosure or submis-
sion to the Secretary.’’.
(10) Section 485B(a) (20 U.S.C. 1092b(a)) is
amended—
(A) by redesignating the paragraphs fol-
lowing paragraph (5) (as added by section 2008
of Public Law 101–239) as paragraphs (6)
through (11), respectively; and
(B) in such paragraph (5)—
(i) by striking ‘‘(22 U.S.C. 2501 et
seq.)),’’ and inserting ‘‘(22 U.S.C. 2501 et
seq.),’’; and
(ii) by striking the period at the end
thereof and inserting a semicolon.
(11) Section 487(a)(22) (20 U.S.C. 1094(a)(22))
is amended by striking ‘‘refund policy’’ and inserting
‘‘refund of title IV funds policy’’.
(12) Section 491(c) (20 U.S.C. 1098(c)) is
amended by adding at the end the following new
paragraph:
‘‘(3) The appointment of members under subpara-
graphs (A) and (B) of paragraph (1) shall be effective upon
publication of the appointment in the Congressional
Record.’’.
(13) 
Section 
498 
(20 
U.S.C. 
1099c) 
is
amended—
(A) in subsection (b)(5), by striking ‘‘insti-
tution,’’ and inserting ‘‘institution (but subject
to the requirements of section 484(b)),’’;
(B) in subsection (c)(2), by striking ‘‘for
profit,’’ and inserting ‘‘for-profit,’’; and
(C) in subsection (d)(1)(B), by inserting
‘‘and’’ at the end thereof.
(j) AMENDMENTS TO TITLE V.—
(1) Section 504(a) (20 U.S.C. 1101c(a)) is
amended—
(A) by striking ‘‘(1) IN GENERAL.—’’; and
(B) by striking paragraph (2).
(2) The amendments made by this subsection
shall be effective on the date of enactment of this Act.
(k) AMENDMENT TO TITLE VI.—Section 604(c) (20
U.S.C. 1124(c)) is amended by striking ‘‘this part’’ and in-
serting ‘‘this title’’.
(l) AMENDMENTS TO TITLE VII.—
(1) Section 701(a) (20 U.S.C. 1134(a)) is
amended by striking the third sentence and inserting
the following: ‘‘Funds appropriated for a fiscal year
shall be obligated and expended for fellowships under
this subpart for use in the academic year beginning
after July 1 of such fiscal year.’’.
(2) Section 714(c) (20 U.S.C. 1135c(c)) is
amended—
(A) by striking ‘‘section 716(a)’’ and insert-
ing ‘‘section 715(a)’’; and
(B) by striking ‘‘section 714(b)(2)’’ and in-
serting ‘‘section 713(b)(2)’’.
(m) AMENDMENT TO TITLE VIII.—Section 857(a) of
the Higher Education Amendments of 1998 (112 Stat.
1824) is amended by striking ‘‘1999’’ and inserting ‘‘2001’’.
Union Calendar No. 371
106TH CONGRESS
2D SESSION
H. R. 4504
[Report No. 106–665]
A BILL
To make technical amendments to the Higher
Education Act of 1965.
JUNE 12, 2000
Reported with an amendment, committed to the Com-
mittee of the Whole House on the State of the Union,
and ordered to be printed