Higher Education Technical Amendments of 1991
PL 102-26 (H.R.1285), enacted 04/09/1991

PUBLIC LAW 102-26—APR. 9, 1991 
105 STAT. 123 
Public Law 102-26 
102d Congress 
An Act 
Apr. 9, 1991 
[H.R. 1285] 
Higher 
Education 
Technical 
Amendments of 
1991. 
Colleges and 
universities. 
20 u s e 1001 
note. 
To resolve legsd and technical issues relating to Federal postsecondary student 
assistance prc^rams and to prevent undue burdens on participants in Operation 
Desert Storm, and for other purposes. 
Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, 
SECTION 1. SHORT TITLE; REFERENCES. 
(a) SHORT TITLE.—This Act may be cited as the "Higher Education 
Technical Amendments of 1991". 
(b) REFERENCES.—References in this Act to "the Act"- are ref-
erences to the Higher Education Act of 1965. 
SEC. 2. ABILITY TO BENEFIT. 
(a) DEFINITION OF ELIGIBLE INSTITUTION.— 
(1) STAFFORD LOANS.—Section 435(c)(1) of the Act (20 U.S.C. 
1085(c)(1)) is amended by striking out "and who have the ability 
to benefit (as determined by the institution under section 481(d)) 
from the training offered by such institution" and inserting in 
lieu thereof "or who are beyond the age of compulsory school 
attendance in the State in which the institution is located". 
(2) DEFINITION OF PROPRIETARY INSTITUTION OF HIGHER EDU-
CATION.—Section 481(b) of the Act (20 U.S.C. 1088 (b)) is 
amended— 
(A) by striking out "and who have the ability to benefit 
(as determined by the institution under section 484(d)) from 
the training offered by the institution"; and 
(B) by striking out the last sentence thereof. 
(3) DEFINITION OF POSTSECONDARY VOCATIONAL INSTITUTION.— 
Section 481(c) of the Act (20 U.S.C. 1088(c)) is amended by 
striking out "and who have the ability to benefit (as determined 
by the institution under section 484(d)) from the training offered 
by the institution". 
(4) DEFINITION FOR INSTITUTIONAL AID PROGRAMS.—Section 
1201(a) of the Act (20 U.S.C. 1141(a)) is amended by striking 
"and who meets the requirements of section 484(d) of this Act' 
in the third sentence. 
Qo) DEFINITION OF EUGIBLE STUDENT.—Section 484(d) of the Act (20 
U.S.C. 1091(d)) is amended to read as follows: 
"(d) TESTING OF STUDENTS WHO ARE NOT HIGH SCHOOL GRAD-
UATES.—In order for a student who does not have a certificate of 
graduation from a school providing secondary education, or the 
recognized equivalent of such certificate, to be eligible for any 
assistance under subparts 1, 2, and 3 of part A and parts B, C, D and 
E of this title, the student shall pass an independently administered 
examination approved by the Secretary.". 
(c) CONFORMING AMENDMENTS.— 
(1) SUPPLEMENTAL LOANS.—Section 428A(aXl) of the Act is 
20 USC 1078-1. 
amended by striking the last sentence thereof and inserting "No 
105 STAT. 124 
PUBLIC LAW 102-26—APR. 9, 1991 
student shall be eligible to borrow funds under this section until 
such student has obtained a certificate of graduation from a 
school providing secondary education, or the recognized equiva-
lent of such certificate.". 
20 use 1091. 
(2) STUDENT ELIGIBILITY.—Section 484(a)(1) of the 
Act 
is 
amended by inserting before the semicolon at the end thereof 
the following: ", and not be enrolled in an elementary or 
secondary school". 
(3) PROGRAM PARTICIPATION AGREEMENTS.—Section 487(a)(ll) 
20 use 1094. 
of the Act is amended by striking "which admits" and all that 
follows through "484(d))," and inserting "whose students receive 
financial assistance pursuant to section 484(d),". 
(d) EFFECTIVE DATE.— 
20 use 1078-1 
(1) IN GENERAL.—The amendments made by this section shall 
"°*®- 
apply to any grant, loan, or work assistance to cover the cost of 
instruction for periods of enrollment beginning on or after 
July 1,1991. 
(2) ELIMINATION OF CONFLICTING PROVISIONS.—(A) Section 3005 
20 use 1088 and 
of the Omnibus Budget Reconciliation Act of 1990 is repealed. 
note, 1091. 
Sections 484(d) and 481(b) of the Act shall be applied as if such 
section 3005 had not been enacted. 
(B) The last proviso of the paragraph under the heading 
"STUDENT FINANCIAL ASSISTANCE" of title III of Public Law 
101-517 (104 Stat. 2213) is repealed. 
SEC. 3. ELIMINATION OF STATUTE OF LIMITATIONS FOR STUDENT LOAN 
COLLECTIONS. 
(a) AMENDMENT.—Section 484A(a) of the Act (20 U.S.C. 1091a(a)) is 
amended to read as follows: 
"(a) IN GENERAL.—(1) It is the purpose of this subsection to ensure 
that obligations to repay loans and grant overpayments are enforced 
without regard to any Federal or State statutory, regulatory, or 
administrative limitation on the period within which debts may be 
enforced. 
"(2) Notwithstanding any other provision of statute, regulation, or 
administrative limitation, no limitation shall terminate the period 
within which suit may be filed, a judgment may be enforced, or an 
offset, garnishment, or other action initiated or taken by— 
"(A) an institution that receives funds under this title that is 
seeking to collect a refund due from a student on a grant made, 
or work assistance awarded, under this title; 
"(B) a guaranty agency that has an agreement with the 
Secretary under section 428(c) that is seeking the repayment of 
the amount due from a borrower on a loan made under part B of 
this title after such guaranty agency reimburses the previous 
holder of the loan for its loss on account of the default of the 
borrower; 
"(C) an institution that has an agreement with the Secretary 
pursuant to section 453 or 463(a) that is seeking the repayment 
of the amount due from a borrower on a loan made under part 
D or E of this title after the default of the borrower on such 
loan; or 
"(D) the Secretary, the Attorney General, or the administra-
tive head of another Federal agency, as the case may be, for 
payment of a refund due from a student on a grant made under 
this title, or for the repayment of the amount due from a 
PUBLIC LAW 102-26—APR. 9, 1991 
105 STAT. 125 
borrower on a loan made under this title that has been assigned 
to the Secretary under this title.". 
(b) CONFORMING AMENDMENT.—Section 16041 of the Consolidated 
Omnibus Budget Reconciliation Act of 1985 (Public Law 99-272) is 
amended— 
(1) by striking out subsection (e); 
(2) in subsection (f), by striking out "The amendment made by 
section 16034" and inserting in lieu thereof "The amendments 
made by sections 16033 and 16034"; and 
(3) by redesignating subsection (f) as subsection (e). 
(c) EFFECTIVE DATE.—The amendments made by this section shall 
be effective as if enacted by the Consolidated Omnibus Budget 
Reconciliation Act of 1985 (Public Law 99-272), and shall apply to 
any actions pending on or after the date of enactment of the Higher 
Education Technical Amendments of 1991 that are brought before 
November 15,1992. 
SEC. 
4. OPERATION DESERT 
THORITY. 
SHIELD/DESERT STORM WAIVER AU-
(a) PURPOSE.—It is the purpose of this section to ensure that— 
(1) the men and women serving on active duty in connection 
with Operation Desert Shield or Operation Desert Storm who 
are borrowers of Stafford Loans or Perkins Loans are not placed 
in a worse position financially in relation to those loans because 
of such service; 
(2) the administrative requirements placed on all borrowers of 
student loans made in accordance with title IV of the Act who 
are engaged in such military service are minimized to the 
extent possible without impairing the integrity of the student 
loan programs, in order to ease the burden on such borrowers, 
and to avoid inadvertent, technical defaults; and 
(3) the future eligibility of such an individual for Pell Grants 
is not reduced by the amount of such assistance awarded for a 
period of instruction that such individual was unable to com-
plete, or for which the individual did not receive academic 
credit, because he or she was called up for such service. 
(b) WAIVER REQUIREMENT.—Notwithstanding any other provision 
of law, unless enacted with specific reference to this section, the 
Secretary of Education shall waive or modify any statutory or 
regulatory provision applicable to the student financial aid pro-
grams under title IV of the Act that the Secretary deems necessary 
to achieve the purposes stated in subsection (a), including— 
(1) the length of, and eligibility requirements for, the military 
deferments 
authorized 
under 
sections 
427(a)(2)(C)(ii), 
428(b)(l)(M)(ii), and 464(c)(2)(AXii) of the Act, in order to enable 
the borrower of a Stafford Loan or a Perkins Loan who is or was 
serving on active duty in connection with Operation Desert 
Shield or Operation Desert Storm to obtain a military 
deferment, under which interest shall accrue and shall, if other-
wise payable by the Secretary, be paid by the Secretary of 
Education, for the duration of such service; 
(2) administrative requirements placed on all borrowers of 
student loans made in accordance with title IV of the Act who 
are or were engaged in such military service; 
(3) the number of years for which individuals who are en-
gaged in such military service may be eligible for Pell Grants 
under subpart 1 of part A^ of title IV of the Act; 
20 u s e 1071 
note. 
20 u s e 1091a 
note. 
Armed Forces. 
20 u s e 1070 
note. 
105 STAT. 126 
PUBLIC LAW 102-26—APR. 9, 1991 
Federal 
Register, 
publication. 
20 u s e 1070 
note. 
(4) the point at which the borrower of a Stafford Loan who is 
or was engaged in such military service is required to resume 
repayment of principal and interest on such loan after the 
borrower completes a period of deferment under section 
427(a)(2)(C)(ii) or 428(b)(l)(M)(ii) of the Act; 
(5) the point at which the borrower of a Stafford Loan who is 
or was engaged in such military service is required to resume 
repayment of principal and interest on such loan after the 
borrower completes a single period of deferment under section 
427(a)(2)(C)(i) or 428(b)(l)(M)(i) of the Act subsequent to such 
service; and 
(6) the modification of the terms "annual adjusted family 
income" and "available income," as used in the determination 
of need for student financial assistance under title IV of the Act 
for such individual (and the determination of such need for his 
or her spouse and dependents, if applicable), to mean the sums 
received in the first calendar year of the award year for which 
such determination is made, in order to reflect more accurately 
the financial condition of such individual and his or her family. 
(c) NOTICE OF WAIVER.—Notwithstanding section 431 of the Gen-
eral Education Provisions Act (20 U.S.C. 1232) and section 553 of 
title 5, United States Code, the Secretary shall, by notice in the 
Federal Register, publish the waivers or modifications of statutory 
and regulatory provisions the Secretary deems necessary to achieve 
the purposes of this section. Such notice shall include the terms and 
conditions to be applied in lieu of such statutory and regulatory 
provisions. The Secretary is not required to exercise the waiver or 
modification authority under this section on a case-by-case basis. 
(d) DEFINITIONS.—For purposes of this Act— 
(1) Individuals "serving on active duty in connection with 
Operation Desert Shield or Operation Desert Storm" shall 
include— 
(A) any Reserve of an Armed Force called to active duty 
under section 672(a), 672(g), 673, 673b, 674, or 688 of title 10, 
United States Code, for service in connection with Oper-
ation Desert Shield or Operation Desert Storm, regardless 
of the location at which such active duty service is per-
formed; and 
(B) for purposes of waivers of administrative require-
ments under subsection (b)(2) only, any other member of an 
V 
Armed Force on active duty in connection with Operation 
Desert Shield or Operation Desert Storm, who has been 
assigned to a duty station at a location other than the 
location at which such member is normally assigned. 
(2) The term "active duty" has the meaning given such term 
in section 101(22) of title 10, United States Code, except that 
such term does not include active duty for training or attend-
ance at a service school. 
SEC. 5. TUITION REFUNDS OR CREDITS. 
(a) SENSE OF CONGRESS.—It is the sense of the Congress that all 
institutions offering postsecondary education should provide a full 
refund to any member or Reserve of an Armed Force on active duty 
service in connection with Operation Desert Shield or Operation 
Desert Storm for that portion of a period of instruction such individ-
ual was unable to complete, or for which such individual did not 
receive academic credit, because he or she was called up for such 
PUBLIC LAW 102-26—APR. 9, 1991 
105 STAT. 127 
service. For purposes of this section, a full refund includes a refund 
of required tuition and fees, or a credit in a comparable amount 
against future tuition and fees. 
(b) ENCOURAGEMENT AND REPORT.—The Secretary of Education 
shall encourage institutions to provide such refunds or credits, and 
shall report to the appropriate committees of Congress on the 
actions taken in accordance with this subsection as well as informa-
tion he receives regarding any institutions that are not providing 
such refunds or credits. 
SEC. 6. TERMINATION OF AUTHORITY. 
20 USC 1070 
The provisions of sections 4 and 5 shall cease to be effective on 
September 30,1997. 
SEC. 7. EDUCATION PROGRAMS FOR COMMERCIAL DRIVERS. 
Part C of the Adult Education Act (20 U.S.C. 1211 et seq.) is 
amended by inserting at the end thereof the following new section 
373: 
"SEC. 373. EDUCATION PROGRAMS FOR COMMERCIAL DRIVERS. 
20 USC 1211b. 
"(a) PROGRAM AUTHORIZED.—The Secretary is authorized to make 
grants on a competitive basis to pay the Federal share of the costs of 
establishing and operating adult education programs which increase 
the literacy skills of eligible commercial drivers so that such drivers 
may successfully complete the knowledge test requirements under 
the Commercial Motor Vehicle Safety Act of 1986. 
"(h) FEDERAL SHARE.—The Federal share of the costs of the adult 
education programs authorized under subsection (a) shall be 50 
percent. Nothing in this subsection shall be construed to require 
States to meet the non-Federal share from State funds. 
"(c) ELIGIBLE ENTITIES.—Entities eligible to receive a grant under 
this section include— 
"(1) private employers employing commercial drivers in part-
nership with agencies, colleges, or universities described in 
paragraph (2); 
"(2) local educational agencies. State educational agencies, 
colleges, universities, or community colleges; 
"(3) approved apprentice training programs; and 
"(4) labor organizations, the memberships of which include 
commercial drivers. 
"(d) REFERRAL PROGRAM.—Grantees shall refer to appropriate 
adult education programs as authorized under this Act individuals 
who are identified as having literacy skill problems other than or 
beyond those which prevent them from successfully completing the 
knowledge test requirements under the Commercial Motor Vehicle 
Driver Safety Act of 1986. 
"(e) DEFINITIONS.—For purposes of this section: 
"(1) The term 'approved apprentice training programs' has 
the meaning given such term in the National Apprenticeship 
Act of 1937. 
"(2) The term 'eligible commercial driver' means a driver 
licensed prior to the requirements of the Commercial Motor 
Vehicle Safety Act of 1986. 
"(f) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to 
be appropriated $3,000,000 for each of fiscal years 1991, 1992, and 
1993.". 
105 STAT. 128 
PUBLIC LAW 102-26—APR. 9, 1991 
Michigan. 
SEC. 8. ADMINISTRATIVE TREATMENT. 
The Secretary of Education shall treat the University of Detroit 
Mercy of Detroit, Michigan, as an eligible institution under part A 
of title III of the Act for purposes of section 356 of the Act for fiscal 
year 1991. 
SEC. 9. LOAN CERTIFICATION BY ELIGIBLE INSTITUTIONS. 
20 use 1078. 
Section 428(a)(2)(F) of the Act is amended to read as follows: 
"(F) Except as provided in subparagraph (D), an eligible 
institution may refuse to certify a statement which permits a 
student to receive a loan under this part or to certify a loan 
amount that is less than the student's determination of need (as 
determined under part F of this title), if the reason for such 
action is documented and provided in written form to each 
student so affected.". 
SEC. 10. STUDENT RIGHT-TO-KNOW AND CAMPUS SECURITY TECHNICAL 
AMENDMENTS. 
20 use 1092. 
(a) GRADUATION RATES.—Section 485(a)(l)(L) of the Act is amended 
by inserting "undergraduate" after "full-time". 
(b) CALCULATION OF RATES.—Section 485(a)(3) of the Act is 
amended— 
, _ (1) by inserting "and" at the end of subparagraph (A); 
(2) by striking "; and" at the end of subparagraph (B) and 
inserting a period; and 
(3) by striking subparagraph (C). 
(c) USE OF COMPARABLE DATA.—Section 485(a) of the Act is amend-
ed by adding at the end thereof the following new paragraph: 
"(5) The Secretary shall permit any institution of higher edu-
cation that is a member of an athletic association or athletic con-
ference that has voluntarily published completion or graduation 
rate data or has agreed to publish data that, in the opinion of the 
Secretary, is substantially comparable to the information required 
under this subsection, to use such data to satisfy the requirements of 
this subsection.". 
(d) SCHEDULE FOR DISCLOSURE.—Section 485(f)(1) of the Act is 
amended— 
(1) in the matter preceding subparagraph (A), by striking 
"September 1,1991," and inserting "August 1,1991,"; 
(2) in subparagraph (F)— 
(A) by striking "school year" and inserting "calendar 
year"; and 
(B) by striking "school years" and inserting "calendar 
years". 
(e) EFFECTIVE DATE.—Section 104(b) of the Student Right-to-Know 
20 use 1092 
and Campus Security Act is amended to read as follows: 
"^o*®- 
"(b) EFFECTIVE DATE.—The report to the Secretary of Education 
required by the amendments made by this section shall be due on 
July 1, 1993, and annually thereafter, and shall cover the one-year 
period ending on June 30 of the preceding year.". 
PUBLIC LAW 102-26—APR..9, 1991 
105 STAT. 129 
SEC. 11. SIMPLIFIED NEEDS ANALYSIS. 
Section 479(a) of the Act is amended by adding before the period at 
20 USC I087ss. 
the end thereof the following: ", or who file an income tax return 
pursuant to the tax code of the Commonwealth of Puerto Rico or 
who are not required to file pursuant to that tax code". 
Approved April 9, 1991. 
:h: 
LEGISLATIVE HISTORY—H.R. 1285: 
CONGRESSIONAL RECORD, Vol. 137 (1991): 
Mar. 19, considered and passed House. 
Mar. 21, considered and passed Senate.