§ 4414. General powers of Board

Footnotes

1. 1 So in original. Probably should be “contracts”.
2. 2 See References in Text note below.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1986

   American Indian, Alaska Native, and Native Hawaiian Culture and Art Development Act

   Pub. L. 99–498 title XV § 1507 · 100 Stat. 1268

   Enacted · 20 U.S.C. § 4414

   Pub. L. 99–498, title XV, § 1507, Oct. 17, 1986, 100 Stat. 1603

   Source evidence

   Code source credit
   Pub. L. 99–498, title XV, § 1507, Oct. 17, 1986, 100 Stat. 1603

   Enacted provision · exact public law section
   SEC. 1507. GENERAL POWERS OF THE BOARD. In carrying out the provisions of this title, the Board shall have the power, consistent with the provisions of this title— (1) to adopt, use, and alter a corporate seal; (2) to make agreements and contracts with persons, Indian tribes, and private or governmental entities and to make payments or advance payments under such agreements or contracts without regard to section 3324 of title 31, United States Code; (3) to sue and be sued in its corporate name and to complain and defend in any court of competent jurisdiction; (4) to represent itself, or to contract for representation, in all judicial, legal, and other proceedings; (5) with the approval of the agency concerned, to make use of services, facilities, and property of any board, commission, independent establishment, or executive agency or department of the executive branch in carrying out the provisions of this title and to pay for such use (such payments to be credited to the applicable appropriation that incurred the expense); (6) to use the United States mails on the same terms and conditions as the executive departments of the United States Government; (7) to obtain the services of experts and consultants in accordance with the provisions of section 3109 of title 5, United States Code, and to accept and utilize the services of voluntary and noncompensated personnel and reimburse them for travel expenses, including per diem, as authorized by section 5703 of title 5, United States Code; (8) to solicit, accept, and dispose of gifts, bequests, devises of money, securities, and other properties of whatever character, for the benefit of the Institute; (9) to receive grants from, and enter into contracts and other arrangements with, Federal, State, or local governments, public and private agencies, organizations, institutions, and individuals; (10) to acquire, hold, maintain, use, operate, and dispose of such real property, including improvements thereon, personal property, equipment, and other items, as may be necessary to enable the Board to carry out the purpose of this title; (11) to obtain insurance or make other provisions against losses; (12) to use any funds or property received by the Institute to carry out the purpose of this title; and (13) to exercise all other lawful powers necessarily or reasonably related to the establishment of the Institute in order to carry out the provisions of this title and the exercise of the powers, purposes, functions, duties, and authorized activities of the Institute.

2. 1988

   Augustus F. Hawkins-Robert T. Stafford Elementary and Secondary School Improvement Amendments of 1988

   Pub. L. 100–297 title V § 5406(e) · 102 Stat. 130

   1. Amended · 20 U.S.C. § 4414

      Pub. L. 100–297 designated existing provisions as subsec. (a)

   2. Inserted · 20 U.S.C. § 4414

      Pub. L. 100–297 inserted heading

   3. Added · 20 U.S.C. § 4414

      Pub. L. 100–297 added subsec. (b)

   Source evidence

   Code amendment note
   Pub. L. 100–297 designated existing provisions as subsec. (a), inserted heading, and added subsec. (b).

   Enacted provision · exact public law section
   (e) Accounting for Non-Federal Funds— Section 1507 of the Higher Education Amendments of 1986 (20 U.S.C. 4414) is amended— (1) by striking out “In carrying out” and inserting in lieu thereof “(a) In General.—In carrying out”, and (2) by adding at the end thereof the following new subsection: “(b) Accounting for Non-Federal Funds.— Any funds received by, or under the control of, the Institute that are not Federal funds shall be accounted for separately from Federal funds.”.

3. 1990

   Pub. L. 101–644 § 501(b) · 104 Stat. 4662

   Amended · 20 U.S.C. § 4414(a)(11)

   Pub. L. 101–644, § 501(b), amended par. (11) generally. Prior to amendment, par. (11) read as follows: “to obtain insurance or make other provisions against losses;”

   Source evidence

   Code amendment note
   Subsec. (a)(11). Pub. L. 101–644, § 501(b), amended par. (11) generally. Prior to amendment, par. (11) read as follows: “to obtain insurance or make other provisions against losses;”.

   Enacted provision · exact public law section
   (b) Insurance.— Section 1507(a)(11) of such Act (20 U.S.C. 4414(a)(11)) is amended to read as follows: “(11) to the extent not already provided by law, to obtain insurance to cover all activities of the Institute, including coverage relating to property and liability, or make other provisions against losses.”.

4. 1990

   Pub. L. 101–644 § 501(a) · 104 Stat. 4662

   Added · 20 U.S.C. § 4414(c)

   Pub. L. 101–644, § 501(a), added subsec. (c)

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 101–644, § 501(a), added subsec. (c).

   Enacted provision · exact public law section
   (a) Interest and Investment Income.— Section 1507 of the American Indian, Alaska Native, and Native Hawaiian Culture and Art Development Act (20 U.S.C. 4414) is amended by adding at the end the following new subsection: “(c) Interest and Investments.— Interest and earnings on amounts received by the Institute pursuant to section 1531 invested under subsection (a)(12) shall be the property of the Institute and may be expended to carry out this title. The Board shall be held to a reasonable and prudent standard of care, given such information and circumstances as existed when the decision is made, in decisions involving investment of funds under subsection (a)(12).”.

5. 1992

   Higher Education Amendments of 1992

   Pub. L. 102–325 § 1331(b)(1)(B) · 106 Stat. 448

   1. Added · 20 U.S.C. § 4414(a)(2)

      Pub. L. 102–325, § 1331(b)(1)(B), added par. (2)

   2. Struck · 20 U.S.C. § 4414(a)(2)

      Pub. L. 102–325, § 1331(b)(1)(B), struck out former par. (2) which read as follows: “to make agreements and contracts with persons, Indian tribes, and private or governmental entities and to make payments or advance payments under such agreements or contracts without regard to section 3324 of title 31;”

   Source evidence

   Code amendment note
   Subsec. (a)(2). Pub. L. 102–325, § 1331(b)(1)(B), added par. (2) and struck out former par. (2) which read as follows: “to make agreements and contracts with persons, Indian tribes, and private or governmental entities and to make payments or advance payments under such agreements or contracts without regard to section 3324 of title 31;”.

   Enacted provision · exact public law section
   (B) by striking paragraph (2) and inserting the following: “(2) to make agreements and contracts with persons, Indian tribes, and private or governmental entities and to make payments or advance payments under such agreements or contract without regard to section 3324 of title 31, United States Code; “(3) any other provision of law to the contrary not-withstanding, to enter into joint development ventures with public or private commercial or noncommercial entities for development of facilities to meet the plan required under section 1519, if the ventures are related to and further the mission of the Institute;”; and

   Effective date note
   Amendment by Pub. L. 103–208 effective as if included in the Higher Education Amendments of 1992, Pub. L. 102–325, except as otherwise provided, see section 5(a) of Pub. L. 103–208, set out as a note under section 1051 of this title.

6. 1992

   Higher Education Amendments of 1992

   Pub. L. 102–325 § 1331(b)(1)(A) · 106 Stat. 448

   1. Added · 20 U.S.C. § 4414(a)(3)(12)

      Pub. L. 102–325, § 1331(b)(1)(A), (B), added par. (3)

   2. Redesignated · 20 U.S.C. § 4414(a)(3)(12)

      Pub. L. 102–325, § 1331(b)(1)(A), (B), redesignated former pars. (3) to (11) as (4) to (12), respectively. Former par. (12) redesignated (13)

   Source evidence

   Code amendment note
   Subsec. (a)(3) to (12). Pub. L. 102–325, § 1331(b)(1)(A), (B), added par. (3) and redesignated former pars. (3) to (11) as (4) to (12), respectively. Former par. (12) redesignated (13).

   Enacted provision · exact public law section
   (A) by redesignating paragraphs (3) through (13) as paragraphs (4) through (14), respectively;

   Effective date note
   Amendment by Pub. L. 103–208 effective as if included in the Higher Education Amendments of 1992, Pub. L. 102–325, except as otherwise provided, see section 5(a) of Pub. L. 103–208, set out as a note under section 1051 of this title.

7. 1992

   Higher Education Amendments of 1992

   Pub. L. 102–325 § 1331(b)(1)(C) · 106 Stat. 448

   1. Added · 20 U.S.C. § 4414(a)(13)

      Pub. L. 102–325, § 1331(b)(1)(C), added par. (13)

   2. Struck · 20 U.S.C. § 4414(a)(13)

      Pub. L. 102–325, § 1331(b)(1)(C), struck out former par. (13) which read as follows: “to use any funds or property received by the Institute to carry out the purpose of this chapter; and”

   Source evidence

   Code amendment note
   Subsec. (a)(13). Pub. L. 102–325, § 1331(b)(1)(C), added par. (13) and struck out former par. (13) which read as follows: “to use any funds or property received by the Institute to carry out the purpose of this chapter; and”.

   Enacted provision · exact public law section
   (C) by striking paragraph (13) (as redesignated in subparagraph (A)) and inserting the following: “(13) to use any funds or property received by the Institute to carry out the purpose of this title, including the authority to designate on an annual basis a portion, not to exceed 10 percent, of the funds appropriated pursuant to section 1531 for investment, without regard to any other provision of law regarding investment or disposition of federally appropriated funds, on a short-term basis for the purpose of maximizing yield and liquidity of such funds; and”; and

   Effective date note
   Amendment by Pub. L. 103–208 effective as if included in the Higher Education Amendments of 1992, Pub. L. 102–325, except as otherwise provided, see section 5(a) of Pub. L. 103–208, set out as a note under section 1051 of this title.

8. 1992

   Higher Education Amendments of 1992

   Pub. L. 102–325 § 1331(b)(1)(A) · 106 Stat. 448

   Redesignated · 20 U.S.C. § 4414(a)(13)

   Pub. L. 102–325, § 1331(b)(1)(A), redesignated par. (12) as (13). Former par. (13) redesignated (14)

   Target inherited from the preceding amendment note.

   Source evidence

   Code amendment note
   Pub. L. 102–325, § 1331(b)(1)(A), redesignated par. (12) as (13). Former par. (13) redesignated (14).

   Enacted provision · exact public law section
   (A) by redesignating paragraphs (3) through (13) as paragraphs (4) through (14), respectively;

   Effective date note
   Amendment by Pub. L. 103–208 effective as if included in the Higher Education Amendments of 1992, Pub. L. 102–325, except as otherwise provided, see section 5(a) of Pub. L. 103–208, set out as a note under section 1051 of this title.

9. 1992

   Higher Education Amendments of 1992

   Pub. L. 102–325 § 1331(b)(1)(A) · 106 Stat. 448

   Redesignated · 20 U.S.C. § 4414(14)

   Pub. L. 102–325, § 1331(b)(1)(A), redesignated par. (13) as (14)

   Source evidence

   Code amendment note
   Subsec. (14). Pub. L. 102–325, § 1331(b)(1)(A), redesignated par. (13) as (14).

   Enacted provision · exact public law section
   (A) by redesignating paragraphs (3) through (13) as paragraphs (4) through (14), respectively;

   Effective date note
   Amendment by Pub. L. 103–208 effective as if included in the Higher Education Amendments of 1992, Pub. L. 102–325, except as otherwise provided, see section 5(a) of Pub. L. 103–208, set out as a note under section 1051 of this title.

10. 1992

    Higher Education Amendments of 1992

    Pub. L. 102–325 § 1331(b)(2) · 106 Stat. 448

    Substituted · 20 U.S.C. § 4414(c)

    Pub. L. 102–325, § 1331(b)(2), substituted “shall be expended” for “may be expended”

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 102–325, § 1331(b)(2), substituted “shall be expended” for “may be expended”.

    Enacted provision · exact public law section
    (2) in subsection (c), by striking “may be expended” and inserting “shall be expended”.

    Effective date note
    Amendment by Pub. L. 103–208 effective as if included in the Higher Education Amendments of 1992, Pub. L. 102–325, except as otherwise provided, see section 5(a) of Pub. L. 103–208, set out as a note under section 1051 of this title.

11. 1993

    Higher Education Technical Amendments of 1993

    Pub. L. 103–208 § 2 · 107 Stat. 2457

    Substituted · 20 U.S.C. § 4414(a)(12)

    Pub. L. 103–208 substituted semicolon for period at end

    Source evidence

    Code amendment note
    Subsec. (a)(12). Pub. L. 103–208 substituted semicolon for period at end.

    Enacted provision · exact public law section
    SEC. 2. TECHNICAL AMENDMENTS. (a) Amendments to Titles I, II, and III of the Act.— Titles I, II, and III of the Act (20 U.S.C. 1001 et seq., 1021 et seq., 1051 et seq.) are amended— (1) in section 103(b)(2), by increasing the indentation of 20 USC 1003. subparagraphs (A) through (E) by two em spaces; (2) in section 104(b)(5)(C), by striking “subpart” and inserting 20 USC 1004. “part”; (3) in section 241(a)(2)(B), by striking “information service” 20 USC 1047. and inserting “information science”; (4) in section 301(a)(2), by striking the comma after “planning”; 20 USC 1051. (5) in section 312(c)(2), by inserting “the” before “second 20 USC 1058. fiscal year” the second place it appears; (6) in section 313(b), by inserting “, except that for the 20 USC 1059. purpose of this subsection a grant under section 354(a)(1) shall not be considered a grant under this part” before the period. (7) in section 316(c), by striking “Such programs may 20 USC 1059c. include—” and inserting the following: “(2) Examples of authorized activities.— Such programs may include—”; (8) by reducing by two em spaces the indentation of each of the following provisions: sections 323(b)(3), 331(a)(2)(D), and 20 USC 1062, 1064. 331(b)(5); (9) in section 326(e)(2)— 20 USC 1063b. (A) by inserting “and” after the semicolon at the end of subparagraph (A); (B) by striking subparagraph (B); and (C) by redesignating subparagraph (C) as subparagraph (B); (10) in section 331(b)(2), by reducing the indentation of subparagraphs (B) and (C) by four em spaces; and (11) 20 USC 1064. in section 331(b)(5), by striking “an endowment” and inserting “An endowment”. (b) Amendments to Part A of Title IV of the Act.— Part A of title IV of the Act (20 U.S.C. 1070 et seq.) is amended— (1) 20 USC 1070. in section 401(a)(1), by inserting “, except that this sentence shall not be construed to limit the authority of the Secretary to place an institution on a reimbursement system of payment” before the period at the end of the second sentence; (2) in section 401(b)(6), in the matter preceding subparagraph (A), by striking “single 12-month period” and inserting “single award year”; (3) in section 401(b)(6)(A), by striking “a baccalaureate” and inserting “an associate or baccalaureate”; (4) in section 401(b)(6)(B), by striking “a bachelor’s” and inserting “an associate or baccalaureate”; (5) in section 401(i), by striking “part D of title V” and inserting “subtitle D of title V”; (6) 20 USC 1070a–11. in section 402A(b), by striking paragraph (2) and inserting the following: “(2) Duration.— Grants or contracts made under this chapter shall be awarded for a period of 4 years, except that— “(A) the Secretary shall award such grants or contracts for 5 years to applicants whose peer review scores were in the highest 10 percent of scores of all applicants receiving grants or contracts in each program competition for the same award year; and “(B) grants made under section 402G shall be awarded for a period of 2 years.”; (7) in the second sentence of section 402A(c)(1), by inserting before the period the following “, except that in the case of the programs authorized in sections 402E and 402G, the level of consideration given to prior experience shall be the same as the level of consideration given this factor in the other programs authorized in this chapter”; (8) in section 402A(c)(2)(A), by inserting “with respect to grants made under section 402G, and” after “Except”; (9) in section 402A, by amending subsection (e) to read as follows: “(e) Documentation of Status as a Low-Income Individual.— (1) Except in the case of an independent student, as defined in section 480(d), documentation of an individual’s status pursuant to subsection (g)(2) shall be made by providing the Secretary with— “(A) a signed statement from the individual’s parent or legal guardian; “(B) verification from another governmental source; “(C) a signed financial aid application; or “(D) a signed United States or Puerto Rico income tax return. “(2) In the case of an independent student, as defined in section 480(d), documentation of an individual’s status pursuant to subsection (g)(2) shall be made by providing the Secretary with— “(A) a signed statement from the individual; “(B) verification from another governmental source; “(C) a signed financial aid application; or “(D) a signed United States or Puerto Rico income tax return.”; (10) in section 402C(c), by striking “and foreign” and inserting 20 USC 1070a–13. “foreign”; (11) in section 402D(c)(2), by striking “either”; 20 USC 1070a–14. (12) in section 404A(l), by striking “high-school” and inserting “high school”; 20 USC 1070a–21. (13) in section 404B(a)(1)— 20 USC 1070a–22. (A) by striking “section 403C” and inserting “section 404D”; and (B) by striking “section 403D” and inserting “section 404C”; (14) in section 404B(a)(2), by inserting “shall” after “paragraph (1)”; (15) in section 4O4C(b)(3)(A), by striking “grades 12” and 20 USC 1070a–23. inserting “grade 12”; (16) in section 404C(b)(3)(D)(i), by striking “section 401D of this subpart” and inserting “section 402D”; (17) in section 404C(b)(3)(D)(ii), by striking “section 40ID of this part” and inserting “section 402D”; (18) in section 404D(d)(3), by striking “program of instruction” 20 USC 1070a–24. and inserting “program of undergraduate instruction”; (19) in section 404D(d)(4), by striking “the” the first place it appears; (20) in section 404E(c), by striking “tuition” and inserting 20 USC 1070a–25. “financial”; (21) in section 404F(a), by striking “under this section 20 USC 1070a–26. shall biannually” and inserting “’under this chapter shall biennially”; (22) in section 404F(c), by striking “biannually” and inserting “biennially”; (23) in section 404G— 20 USC 1070a–27. (A) by striking “an appropriation” and inserting “to be appropriated”; and (B) by striking the second sentence and inserting the following: “For any fiscal year for which funds are authorized to be appropriated to carry out subpart 4 of part A of this title, no amount may be expended to carry out the provisions of this chapter unless the amount appropriated for such fiscal year to carry out such subpart 4 exceed $60,000,000.”; (24) in section 409A(l), by striking “private financial” and 20 USC 1070a–51. inserting “private student financial”; (25) in section 4130(d)— 20 USC 1070b–2. (A) by striking “. a reasonable proportion of the institution’s allocation shall be made available to such students, except that” and inserting “and”; and (B) by striking “5 percent of the need” and inserting “5 percent of the total financial need”; (26) in section 413D(d)(3)(C), by striking “three-fourths in 20 USC 1070b–3. the Pell Grant family size offset” and inserting “150 percent of the difference between the income protection allowance for a family of five with one in college and the income protection allowance for a family of six with one in college”; (27) in section 415C(b)(7), by striking the period at the 20 USC 1070c–2. end and inserting a semicolon; (28) in section 419C(b)— 20 USC 1070d–33. (A) by striking “for a period of not more than 4 years for the first 4 years of study” and inserting “for a period of not less than 1 or more than 4 years during the first 4 years of study”; and (B) by adding at the end the following: “The State educational agency administering the program in a State shall have discretion to determine the period of the award (within the limits specified in the preceding sentence), except that— “(1) if the amount appropriated for this subpart for any fiscal year exceeds the amount appropriated for this subpart for fiscal year 1993, the Secretary shall identify to each State educational agency the number of scholarships available to that State under section 419D(b) that are attributable to such excess; “(2) the State educational agency shall award not less than that number of scholarships for a period of 4 years.”; and (29) 20 USC 1070d–34. in section 419D, by adding at the end the following new subsection: “(d) Consolidation by Insular Areas Prohibited.— Notwithstanding section 501 of Public Law 95–1134 (48 U.S.C. 1469a), funds allocated under this part to an Insular Area described in that section shall be deemed to be direct payments to classes of individuals, and the Insular Area may not consolidate such funds with other funds received by the Insular Area from any department or agency of the United States Government.”; and (30) 20 USC 1070d–37. in section 419G(b), by striking “the District of Columbia, the Commonwealth of Puerto Rico,” and inserting “the Federated States of Micronesia, the Republic of the Marshall Islands,”. (c) Loans. Amendments to Part B of Title IV of the Act.— Part B of title IV of the Act (20 U.S.C. 1071 et seq.) is amended— (1) 20 USC 1072. in section 422(c)(7), by striking the semicolon at the end of subparagraph (B) and inserting a period; (2) 20 USC 1075. in section 425(a)(1)(A)— (A) by striking clauses (ii) and (iii) and inserting the following: “(ii) in the case of a student at an eligible institution who has successfully completed such first year but has not successfully completed the remainder of a program of undergraduate education— “(I) $3,500; or “(II) if such student is enrolled in a program of undergraduate education, the remainder of which is less than one academic year, the maximum annual loan amount that such student may receive may not exceed the amount that bears the same ratio to the amount specified in subclause (I) as such remainder measured in semester, trimester, quarter, or clock hours bears to one academic year; “(iii) in the case of a student at an eligible institution who has successfully completed the first and second years of a program of undergraduate education but has not successfully completed the remainder of such program— “(I) $5,500; or “(II) if such student is enrolled in a program of undergraduate education, the remainder of which is less than one academic year, the maximum annual loan amount that such student may receive may not exceed the amount that bears the same ratio to the amount specified in subclause (I) as such remainder measured in semester, trimester, quarter, or clock hours bears to one academic year;” and (B) by striking the semicolon at the end of clause (iv) and inserting a period; (3) in section 425(a)(1), by inserting at the end thereof 20 USC 1075. the following: “(C) For the purpose of subparagraph (A), the number of years that a student has completed in a program of undergraduate education shall include any prior enrollment in an eligible program of undergraduate education for which the student was awarded an associate or baccalaureate degree, if such degree is required by the institution for admission to the program in which the student is enrolled.”; (4) in the matter following subclause (II) of section 427(a)(2)(C)(i), by inserting “section” before “428B or 428C”; 20 USC 1077. (5) in section 427A(e)(1), by striking “under this part,” 20 USC 1077a. and inserting “under section 427, 428, or 428H of this part,”; (6) in section 427A(i)(1), by amending subparagraph (B) to read as follows: “(B) (i) during any period in which a student is eligible to have interest payments paid on his or her behalf by the Government pursuant to section 428(a), by crediting the excess interest to the Government; or “(ii) during any other period, by crediting such excess interest to the reduction of principal to the extent provided in paragraph (5) of this subsection.”; (7) in section 427A(i)(2)(B)— (A) by striking “outstanding principal balance” and inserting “average daily principal balance”, and (B) by striking “at the end of” and inserting “during”; (8) in section 427A(i)(4)(B)— (A) by striking “outstanding principal balance” and inserting “average daily principal balance”, and (B) by striking “at the end of” and inserting “during”; (9) in section 427A(i)(5)— (A) in the first sentence— (i) by striking “paragraph (2)” and inserting “paragraphs (2) and (4)”; and (ii) by striking “principle” and inserting “principal”; and (B) in the second sentence by inserting before the period at the end the following: “, but the excess interest shall be calculated and credited to the Secretary”; (10) in section 427A(i), by adding at the end the following new paragraph: “(7) Conversion to variable rate.— (A) Subject to subparagraphs (C) and (D), a lender or holder shall convert the interest rate on a loan that is made pursuant to this part and is subject to the provisions of this subsection to a variable rate. Such conversion shall occur not later than January 1, 1995, and, commencing on the date of conversion, the applicable interest rate for each 12-month period beginning on July 1 and ending on June 30 shall be determined by the Secretary on the June 1 preceding each such 12-month period and be equal to the sum of (i) the bond equivalent rate of the 91-day Treasury bills auctioned at the final auction prior to such June 1; and (ii) 3.25 percent in the case of loans described in paragraph (1), or 3.10 percent in the case of loans described in paragraph (3). “(B) In connection with the conversion specified in subparagraph (A) for any period prior to such conversion, and subject to paragraphs (C) and (D), a lender or holder shall convert the interest rate to a variable rate on a loan that is made pursuant to this part and is subject to the provisions of this subsection to a variable rate. The interest rates for such period shall be reset on a quarterly basis and the applicable interest rate for any quarter or portion thereof shall equal the sum of (i) the average of the bond equivalent rates of 91-Treasury bills auctioned for the preceding 3-month period, and (ii) 3.25 percent in the case of loans described in paragraph (1) or 3.10 percent in the case of loans described in paragraph (3). The rebate of excess interest derived through this conversion shall be provided to the borrower as specified in paragraph (5) for loans described in paragraph (1) or to the Government and borrower as specified in paragraph (3). “(C) A lender or holder of a loan being converted pursuant to this paragraph shall complete such conversion on or before January 1, 1995. The lender or holder shall notify the borrower that the loan shall be converted to a variable interest rate and provide a description of the rate to the borrower not later than 30 days prior to the conversion. The notice shall advise the borrower that such rate shall be calculated in accordance with the procedures set forth in this paragraph and shall provide the borrower with a substantially equivalent benefit as the adjustment otherwise provided for under this subsection. Such notice may be incorporated into the disclosure required under section 433(b) if such disclosure has not been previously made. “(D) The interest rate on a loan converted to a variable rate pursuant to this paragraph shall not exceed the maximum interest rate applicable to the loan prior to such conversion. “(E) Loans on which the interest rate is converted in accordance with subparagraph (A) or (B) shall not be subject to any other provisions of this subsection.”; (11) 20 USC 1078. in section 428(a)(2)(C)(i), by striking the period at the end and inserting “; and”; (12) in section 428(a)(2)(E), by inserting “or 428H” after “428A”; (13) in section 428(b)(1)(A)— (A) by striking clauses (ii) and (iii) and inserting the following: “(ii) in the case of a student at an eligible institution who has successfully completed such first year but has not successfully completed the remainder of a program of undergraduate education— “(I) $3,500; or “(II) if such student is enrolled in a program of undergraduate education, the remainder of which is less than one academic year, the maximum annual loan amount that such student may receive may not exceed the amount that bears the same ratio to the amount specified in subclause (I) as such remainder measured in semester, trimester, quarter, or clock hours bears to one academic year; “(iii) in the case of a student at an eligible institution who has successfully completed the first and second years of a program of undergraduate education but has not successfully completed the remainder of such program— “(I) $5,500; or “(II) if such student is enrolled in a program of undergraduate education, the remainder of which is less than one academic year, the maximum annual loan amount that such student may receive may not exceed the amount that bears the same ratio to the amount specified in subclause (I) as such remainder measured in semester, trimester, quarter, or clock hours bears to one academic year;”; (B) by redesignating clause (iv) as clause (v); and (C) by inserting after clause (iii) the following: “(iv) in the case of a student who has received an associate or baccalaureate degree and is enrolled in an eligible program for which the institution requires such degree for admission, the number of years that a student has completed in a program of undergraduate education shall, for the purposes of clauses (ii) and (iii), include any prior enrollment in the eligible program of undergraduate education for which the student was awarded such degree: and”; (14) in section 428(b)(1)(B), by striking the matter following 20 USC 1078. clause (ii) and inserting the following: “except that the Secretary may increase the limit applicable to students who are pursuing programs which the Secretary determines are exceptionally expensive;”; (15) in section 428(b)(1), by amending subparagraph (N) to read as follows: “(N) provides that funds borrowed by a student— “(i) are disbursed to the institution by check or other means that is payable to, and requires the endorsement or other certification by, such student; or “(ii) in the case of a student who is studying outside the United States in a program of study abroad that is approved for credit by the home institution at which such student is enrolled or at an eligible foreign institution, are, at the request of the student, disbursed directly to the student by the means described in clause (i), unless such student requests that the check be endorsed, or the funds transfer authorized, pursuant to an authorized power-of-attorney;”; (16) in section 428(b)(1)(U)— (A) by striking “this clause;” and inserting “this clause”; and (B) by inserting a comma after “emergency action” each place it appears; (17) in section 428(b)(1)— (A) by striking subparagraphs (V) and (W); and (B) by redesignating subparagraphs (X), (Y), and (Z) as subparagraphs (V), (W), and (X), respectively; (18) 20 USC 1078. in section 428(b)(2)(F)(i), by striking “each to provide a separate notice” and inserting “either jointly or separately to provide a notice”; (19) in section 428(b)(2)(F)(ii), by striking “transferor” and inserting “transferee”; (20) in section 428(b)(2)(F)(ii)(I), by striking “to another holder”; (21) in section 428(b)(2)(F)(ii)(II), by striking “such other” and inserting “the new”; (22) in section 428(b), by amending paragraph (7) to read as follows: “(7) Repayment period.— (A) In the case of a loan made under section 427 or 428, the repayment period shall exclude any period of authorized deferment or forbearance and shall begin— “(i) the day after 6 months after the date the student ceases to carry at least one-half the normal full-time academic workload (as determined by the institution); or “(ii) on an earlier date if the borrower requests and is granted a repayment schedule that provides for repayment to commence at an earlier date. “(B) In the case of a loan made under section 428H, the repayment period shall exclude any period of authorized deferment or forbearance, and shall begin as described in clause (i) or (ii) of subparagraph (A), but interest shall begin to accrue or be paid by the borrower on the day the loan is disbursed. “(C) In the case of a loan made under section 428A 428B, or 428C, the repayment period shall begin on the day the loan is disbursed, or, if the loan is disbursed in multiple installments, on the day of the last such disbursement, and shall exclude any period of authorized deferment or forbearance.”; (23) in section 428(b), by adding at the end thereof the following new paragraph: “(8) Means of disbursement of loan proceeds.— Nothing in this title shall be interpreted to prohibit the disbursement of loan proceeds by means other than by check or to allow the Secretary to require checks to be made copayable to the institution and the borrower.”; (24) in section 428(c)(1)(A), by striking the last sentence and inserting the following: “A guaranty agency shall file a claim for reimbursement with respect to losses under this subsection within 45 days after the guaranty agency” discharges its insurance obligation on the loan.”; (25) in section 428(c)(2)(G), by striking “demonstrates” and inserting “certifies”; (26) in section 428(c)(3) by striking subparagraph (A) and inserting the following: “(A) shall contain provisions providing that— “(i) upon written request, a lender shall grant a borrower forbearance, renewable at 12-month intervals, on terms agreed to in writing by the parties to the loan with the approval of the insurer, and otherwise consistent with the regulations of the Secretary, if the borrower— “(I) is serving in a medical or dental internship or residency program, the successful completion of which is required to begin professional practice or service, or is serving in a medical or dental internship or residency program leading to a degree or certificate awarded by an institution of higher education, a hospital, or a health care facility that offers postgraduate training, provided that if the borrower qualifies for a deferment under section 427(a)(2)(C)(vii) or subsection (b)(1)(M)(vii) of this section as in effect prior to the enactment of the Higher Education Amendments of 1992, or section 427(a)(2)(C) or subsection (b)(1)(M) of this section as amended by such amendments, the borrower has exhausted his or her eligibility for such deferment; “(II) has a debt burden under this title that equals or exceeds 20 percent of income; or “(III) is serving m a national service position for which the borrower receives a national service educational award under the National and Community Service Trust Act of 1993; “(ii) the length of the forbearance granted by the lender— “(I) under clause (i)(I) shall equal the length of time remaining in the borrower’s medical or dental internship or residency program, if the borrower is not eligible to receive a deferment described in such clause, or such length of time remaining in the program after the borrower has exhausted the borrower’s eligibility for such deferment; “(II) under clause (i)(II) shall not exceed 3 years; or “(III) under clause (i)(III) shall not exceed the period for which the borrower is serving in a position described in such clause; and “(iii) no administrative or other fee may be charged in connection with the granting of a forbearance under clause (i), and no adverse information regarding a borrower may be reported to a credit bureau organization solely because of the granting of such forbearance;”; (27) in section 428(e)(2)(A)— 20 USC 1078. (A) by striking “(i)”; (B) by striking “(I)” and inserting “(i)”; and (C) by striking “(II)” and inserting “(ii)”; (28) in section 428(j)(2), in the matter preceding subparagraph (A), by striking “lender of last resort” and inserting “lender-of-last-resort”; (29) in section 428A(b)(1), by striking subparagraph (B) 20 USC 1078–1. and inserting the following: “(B) In the case of a student at an eligible institution who has successfully completed such first and second years but has not successfully completed the remainder of a program of undergraduate education— “(i) $5,000; or “(ii) if such student is enrolled in a program of undergraduate education, the remainder of which is less than one academic year, the maximum annual loan amount that such student may receive may not exceed the amount that bears the same ratio to the amount specified in subclause (I) as such remainder measured in semester, trimester, quarter, or clock hours bears to one academic year.”; (30) 20 USC 1078–1. in section 428A(b)(1)— (A) by redesignating subparagraph (C) as subparagraph (D); and (B) by inserting after subparagraph (B) the following new subparagraph: “(C) For the purposes of this paragraph, the number of years that a student has completed in a program of undergraduate education shall include any prior enrollment in an eligible program of undergraduate education for which the student was awarded an associate or baccalaureate degree, if such degree is required by the institution for admission to the program in which the student is enrolled.”; (31) in section 428A(b)(3)(B)(i), by striking “section 428” and inserting “sections 428 and 428H”; (32) in section 428A(c)(1), by striking “sections 427 or 428(b)” and inserting “section 427 or 428(b)”; (33) 20 USC 1078–3. in section 428C(a)(3)(A), by striking “delinquent or defaulted borrower who will reenter repayment through loan consolidation” and inserting “defaulted borrower who has made arrangements to repay the obligation on the defaulted loans satisfactory to the holders of the defaulted loans”; (34) in section 428C(a)(4)(A), by striking “, except for loans made to parent borrowers under section 428B as in effect prior to the enactment of the Higher Education Amendments of 1986”; (35) in section 428C(a)(4)(C), by striking “part C” and inserting “part A”; (36) in section 428C(c)(2)(A)(vi), by inserting a period after “30 years”; (37) in section 428C(c)(3)(A), by inserting “be an amount” before “equal to”; (38) 20 USC 1078–6. in section 428F(a)(2)— (A) by striking “this paragraph” and inserting “paragraph (1) of this subsection”; and (B) by striking “this section” and inserting “this subsection”; (39) in section 428F(a)(4), by striking “this paragraph” and inserting “paragraph (1) of this subsection”; (40) in section 428F(b), by adding at the end thereof the following new sentence: “A borrower may only obtain the benefit of this subsection with respect to renewed eligibility once.”; (41) 20 USC 1078–7. in section 4280(c)(3), by striking “disbursed” and inserting “disbursed by the lender”; (42) 20 USC 1078–8. in section 428H(d)(2), by amending subparagraph (B) to read as follows: “(B) in the case of a student at an eligible institution who has successfully completed such first and second years but has not successfully completed the remainder of a program of undergraduate education— “(i) $5,000; or “(ii) if such student is enrolled in a program of undergraduate education, the remainder of which is less than one academic year, the maximum annual loan amount that such student may receive may not exceed the amount that bears the same ratio to the amount specified in subclause (I) as such remainder measured in semester, trimester, quarter, or clock hours bears to one academic year;”; (43) in section 428H(e)(1)— 20 USC 1078–8. (A) by striking “shall commence 6 months after the month in which the student ceases to carry at least one-half the normal full-time workload as determined by the institution.” and inserting “shall begin at the beginning of the repayment period described in section 428(b)(7).”, (B) by adding at the end thereof the following new sentence: “Not less than 30 days prior to the anticipated commencement of such repayment period, the holder of such loan shall provide notice to the borrower that interest will accrue before repayment begins and of the borrower’s option to begin loan repayment at an earlier date.”; (44) in section 428H(e)(4), by striking “427A(e)” and inserting “427A”; (45) in section 428H, by redesignating subsection (1) as subsection (h); (46) in section 4281(g), by striking “the Federal False 20 USC 1078–9. Claims Act” and inserting “section 3729 of title 31, United States Code,”; (47) in section 428J(b)(1), by striking “sections 428A 428B, 20 USC 1078–10. or 428C” and inserting “section 428A 428B, or 428C”; (48) in section 428J(b)(1)(B), by striking “agrees in writing to volunteer for service” and inserting “serves as a full-time volunteer”; (49) in section 428J(c)(1), by striking “academic year” each place it appears and inserting “year of service”; (50) in the heading for section 428J(d), by striking “of Eligibility” and inserting “to Eligible”; (51) in section 428J, by amending subsection (e) to read as follows: “(e) Application for Repayment.— “(1) In general.— Each eligible individual desiring loan repayment under this section shall submit a complete and accurate application to the Secretary at such time, in such manner, and containing such information as the Secretary may reasonably require. Loan repayment under this section shall be on a first-come, first-served basis and subject to the availability of appropriations. “(2) Conditions.— An eligible individual may apply for repayment after completing each year of qualifying service. The borrower shall receive forbearance while engaged in qualifying service unless the borrower is in deferment while so engaged”; (52) in section 430A(f)(1), by striking the comma at the 20 USC 1080a. end and inserting a semicolon; (53) 20 USC 1083. in the matter preceding paragraph (1) of section 433(b), by striking “60 days” and inserting “30 days”; (54) in section 433(e), by striking “section 428A 428B,” and inserting “sections 428A, 428B,”; (55) 20 USC 1085. in section 435(a), by inserting after paragraph (2) the following new paragraph: “(3) Appeals based upon allegations of improper loan servicing.— An institution that— “(A) is subject to loss of eligibility for the Federal Family Education Loan Program pursuant to paragraph (2)(A) of this subsection; “(B) is subject to loss of eligibility for the Federal Supplemental Loans for Students pursuant to section 428A(a)(2); or “(C) is an institution whose cohort default rate equals or exceeds 20 percent for the most recent year for which data are available; may include in its appeal of such loss or rate a defense based on improper loan servicing (in addition, to other defenses). In any such appeal, the Secretary shall take whatever steps are necessary to ensure that such institution has access to a representative sample (as determined by the Secretary) of the relevant loan servicing and collection records of the affected guaranty agencies and loan servicers for a reasonable period of time, not to exceed 30 days. The Secretary shall reduce the institution’s cohort default rate to reflect the percentage of defaulted loans in the representative sample that are required to be excluded pursuant to subsection (m)(1)(B).”; (56) in section 435(d)(2)(D), by striking “lender; and” and inserting “lender;”; (57) in section 435(d)(2), by increasing the indentation of the matter following subparagraph (F) by two em spaces; (58) in section 435(d)(3), by striking “435(o)” and inserting “435(m)”; (59) in section 435(m)(1)(A), by striking “428 or 428A” and inserting “428, 428A, or 428H,”; (60) in section 435(m)— (A) by inserting at the end of paragraph (1)(A) the following new sentence: “The Secretary shall require that each guaranty agency that has insured loans for current or former students of the institution afford such institution a reasonable opportunity (as specified by the Secretary) to review and correct errors in the information required to be provided to the Secretary by the guaranty agency for the purposes of calculating a cohort default rate for such institution, prior to the calculation of such rate.”; (B) in paragraph (1)(B), by striking “and, in calculating” and all that follows through the period at the end thereof and inserting the following: “and, in considering appeals with respect to cohort default rates pursuant to subsection (a)(3), exclude any loans which, due to improper servicing or collection, would, as demonstrated by the evidence submitted in support of the institution’s timely appeal to the Secretary, result in an inaccurate or incomplete calculation of such cohort default rate.”; (61) in section 435(m)(2)(D)— (A) by inserting “(or the portion of a loan made under section 428C that is used to repay a loan made under section 428A)” after “section 428A” the first place it appears; and (B) by inserting “(or a loan made under section 428C a portion of which is used to repay a loan made under section 428A)” after “section 428A* the second place it appears; (62) in section 435(m), by adding at the end thereof the following new paragraph: “(4) Collection and reporting of cohort default rates.— (A) The Secretary shall collect data from all insurers Publication. under this part and shall publish not less often than once every fiscal year a report showing default data for each category of institution, including (i) 4-year public institutions, (ii) 4-year private institutions, (iii) 2-year public institutions, (iv) 2-year private institutions, (v) 4-year proprietary institutions, (vi) 2-year proprietary institutions, and (vii) less than 2-year proprietary institutions. “(B) The Secretary may designate such additional subcategories within the categories specified in subparagraph (A) as the Secretary deems appropriate. “(C) The Secretary shall publish not less often than once every fiscal year a report showing default data for each institution for which a cohort default rate is calculated under this subsection”; (63) in section 437, by amending subsection (b) to read 20 USC 1087. as follows: “(b) Payment of Claims on Loans in Bankruptcy.— The Secretary shall pay to the holder of a loan described in section 428(a)(1) (A) or (B), 428A, 428B, 428C, or 428H, the amount of the unpaid balance of principal and interest owed on such loan— “(1) when the borrower files for relief under chapter 12 or 13 of title 11, United States Code; “(2) when the borrower who has filed for relief under chapter 7 or 11 of such title commences an action for a determination of dischargeability under section 523(a)(8)(B) of such title; or “(3) for loans described in section 523(a)(8)(A) of such title, when the borrower files for relief under chapter 7 or 11 of such title.”; (64) in section 437(c)(1)— (A) by striking “If a student borrower” and inserting “If a borrower”; (B) by striking “under this part is unable” and inserting “under this part and the student borrower, or the student on whose behalf a parent borrowed, is unable”; and (C) by striking “in which the borrower is enrolled” and inserting “in which such student is enrolled”; and (65) in section 437(c)(4), by adding at the end the following new sentence: “The amount discharged under this subsection shall be treated the same as loans under section 465(a)(5) of this title.”; (66) in the matter preceding paragraph (1) of section 437A(a), by striking “under subsection (d)”; 20 USC 1087–0. (67) in section 437A(c)(2), by inserting a period at the end; (68) in section 437A, by striking subsection (e); and (69) 20 USC 1087–2. in section 439(r)(12), by striking “section 522” and inserting “section 552”. (d) Amendment to Part C of Title IV of the Act.— Part C of title IV of the Act (42 U.S.C. 2751 et seq.) is amended— (1) 42 USC 2752. in section 442(d)(4)(C), by striking “three-fourths in the Pell Grant family size offset” and inserting “150 percent of the difference between the income protection allowance for a family of five with one in college and the income protection allowance for a family of six with one in college”; (2) in section 442(e)— (A) by inserting “(1)” before “If”; and (B) by adding at the end the following new paragraph: “(2) If, under paragraph (1) of this subsection, an institution returns more than 10 percent of its allocation, the institution’s allocation for the next fiscal year shall be reduced by the amount returned. The Secretary may waive this paragraph for a specific institution if the Secretary finds that enforcing this paragraph would be contrary to the interest of the program.”; (3) 42 USC 2753. in section 443(b)(2)(A), by striking “institution;” and inserting “institution; and”; (4) in section 443(b), by amending paragraph (5) to read as follows: “(5) provide that the Federal share of the compensation of students employed in the work-study program in accordance with the agreement shall not exceed 75 percent for academic year 1993—1994 and succeeding academic years, except that the Federal share may exceed such amounts of compensation if the Secretary determines, pursuant to regulations promulgated by the Secretary establishing objective criteria for such determinations, that a Federal share in excess of such amounts is required in furtherance of the purpose of this part;”; and (5) in section 443(b)(8), by striking subparagraphs (A), (B), and (C) and inserting the following: “(A) that are only on campus and that— “(i) to the maximum extent practicable, complement and reinforce the education programs or vocational goals of such students; and “(ii) furnish student services that are directly related to the student’s education, as determined by the Secretary pursuant to regulations, except that no student shall be employed in any position that would involve the solicitation of other potential students to enroll in the school; or “(B) in community service in accordance with paragraph (2)(A) of this subsection;”. (e) Amendment to Part D of Title IV of the Act.— Section 453(b)(2)(B) of the Act (20 U.S.C. 1087c(b)(2)(B)) is amended to read as follows: “(B) if the Secretary determines it necessary in order to carry out the purposes of subparagraph (A) and attain such reasonable representation (as required by subparagraph (A)), selecting additional institutions”. (f) Amendments to Part E of Title IV of the Act.— Part E of title IV of the Act (20 U.S.C. 1087aa et seq.) is amended— (1) 20 USC 1087bb. in subsections (a)(1) and (a)(2)(D) of section 462, by striking “if the institution which has” each place it appears and inserting “if the institution has”; (2) in section 462(d)(4)(C), by striking “three-fourths in 20 USC 1087bb. the Pell Grant family size offset” and inserting “150 percent of the difference between the income protection allowance for a family of five with one in college and the income protection allowance for a family of six with one in college”; (3) in section 462(e), by reducing the indentation of paragraph (2) by two em spaces; (4) in section 462(h)(4), by reducing the indentation of subparagraph (B) by two em spaces; (5) in section 463(a)(2)(B)(i)(II), by striking “7.5 percent” 20 USC 1087cc. and inserting “7.5 percent for award year 1993–1994 and has a cohort default rate which does not exceed 15 percent for award year 1994–1995 or for any succeeding award year”; (6) in section 463(c)(4), by striking “shall disclose” and inserting “shall disclose at least annually”; (7) in section 463, by adding at the end the following new subsections: “(d) Limitation on Use of Interest Bearing Accounts.— In carrying out the provisions of subsection (a)(10), the Secretary may not require that any collection agency, collection attorney, or loan servicer collecting loans made under this part deposit amounts collected on such loans in interest bearing accounts, unless such agency, attorney, or servicer holds such amounts for more than 45 days. “(e) Special Due Diligence Rule.— In carrying out the provisions of subsection (a)(5) relating to due diligence, the Secretary shall make every effort to ensure that institutions of higher education may use Internal Revenue Service skip-tracing collection procedures on loans made under this part.”; (8) in section 463A, by striking subsections (d) and (e); 20 USC 1087cc–1. (9) in section 464(c)(2)(B) by striking “repayment or” and inserting “repayment of”; 20 USC 1087dd. (10) in section 464(c)(6), by striking “Fullbright” and inserting “Fulbright”; (11) in section 464(e), by striking “principle” and inserting “principal”; (12) in section 465(a)(2)(D), by striking “services” and 20 USC 1087ee. inserting “service”; (13) in section 465(a)(2)(F), by striking “or” after the semicolon; (14) in section 465(a), by reducing the indentation of paragraph (6) by 2 em spaces; and (15) in section 466(c), by reducing the indentation of paragraph 20 USC 1087ff. (2) by two em spaces. (g) Amendments to Part F of Title IV of the Act.— Part F of title IV of the Act (20 U.S.C. 1087kk et seq.) is amended— (1) in section 472— 20 USC 1087ll. (A) in paragraph (10), by striking “and” after the semicolon; (B) in paragraph (11), by striking the period and inserting “; and”; and (C) by adding at the end the following new paragraph: “(12) for a student who receives a loan under this or any other Federal law, or, at the option of the institution, a conventional student loan incurred by the student to cover a student’s cost of attendance at the institution, an allowance for the actual cost of any loan fee, origination fee, or insurance pre-mium charged to such student or such parent on such loan, or the average cost of any such fee or premium charged by the Secretary, lender, or guaranty agency making or insuring such loan, as the case may be.”; (2) 20 USC 1087oo, 1087qq. in the table contained in sections 475(c)(4) and 477(b)(4), by inserting “$” before “9,510”; (3) in section 475(f)(3)— (A) by striking “Income in the case of a parent” and inserting “If a parent”; (B) by striking “(1) of this subsection, or a parent” and inserting “(1) of this subsection, or if a parent”; and (C) by striking “is determined as follows: The income” and inserting “the income”; (4) in section 475(g)(1)(B), by inserting a close parentheses after “paragraph (2)”; (5) in the table contained in section 475(g)(3), by adding a last row that is identical to the last row of the table contained in section 476(b)(2); (6) 20 USC 1087pp. in section 476, by adding at the end thereof the following new subsection: “(d) Computations in Case of Separation, Divorce, or Death.— In the case of a student who is divorced or separated, or whose spouse has died, the spouse’s income and assets shall not be considered in determining the family’s contribution from income or assets.”; (7) in section 477 by adding at the end thereof the following new subsection: “(e) Computations in Case of Separation, Divorce, or Death.— In the case of a student who is divorced or separated, or whose spouse has died, the spouse’s income and assets shall not be considered in determining the family’s available income or assets.”; (8) 20 USC 1087rr. in section 478— (A) by striking “1992–1993” each place it appears and inserting “1993–1994”; and (B) in subsection (c)(1), by inserting “December” before “1992”; (9) in section 478(h), by striking “Bureau of Labor Standards” and inserting “Bureau of Labor Statistics”; (10) 20 USC 1087ss. in section 479(a)(1), by inserting “of after “(c)”; (11) in section 479(b)(1)(B)(i)— (A) by inserting “(and the student’s spouse, if any)” after “student” each time it appears; and (B) by striking “such”; (12) in section 479(b)(2), by striking “five elements” and inserting “six elements”; (13) in section 479(b)(2)(E), by striking the semicolon and inserting a comma; (14) in section 479(b)(3)— (A) in subparagraph (A), by inserting “(including any prepared or electronic version of such form)” before “required”; and (B) in subparagraph (B), by inserting “(including any prepared or electronic version of such return)” before “required”; (15) in section 479(c)— (A) by amending subparagraph (A) of paragraph (1) to read as follows: “(A) the student’s parents were not required to file an income tax return under section 6012(a)(1) of the Internal Revenue Code of 1986; and”; (B) by amending subparagraph (A) of paragraph (2) to read as follows: “(A) the student (and the student’s spouse, if any) was not required to file an income tax return under section 6012(a)(1) of the Internal Revenue Code of 1986; and”; and (C) in subparagraph (B) of paragraphs (1) and (2), by inserting “in 1992 or the current year, whichever is higher,” after “that may be earned”; and (16) in section 479A by adding at the end the following 20 USC 1087tt. new subsection: “(c) Adjustments for Special Circumstances.— “(1) In general.— A student financial aid administrator shall be considered to be making an adjustment for special circumstances in accordance with subsection (a) if— “(A) in the case of a dependent student— “(i) such student received a Federal Pell Grant as a dependent student in academic year 1992–1993 and the amount of such student’s Federal Pell Grant for academic year 1993–1994 is at least $500 less than the amount of such student’s Federal Pell Grant for academic year 1992–1993; and “(ii) the decrease described in clause (i) is the direct result of a change in the determination of such student’s need for assistance in accordance with this part that is attributable to the enactment of the Higher Education Amendments of 1992; and “(B) in the case of a single independent student— “(i) such student received a Federal Pell Grant as a single independent student in academic year 1992–1993 and qualified as an independent student in accordance with section 480(d) for academic year 1993–1994, and the amount of such student’s Federal Pell Grant for academic year 1993–1994 is at least $500 less than the amount of such student’s Federal Pell Grant for academic year 1992–1993; and “(ii) the decrease described in clause (i) is the direct result of a change in the determination of such student’s need for assistance in accordance with this part that is attributable to the enactment of the Higher Education Amendments of 1992. “(2) Amount.— A financial aid administrator shall not make an adjustment for special circumstances pursuant to this sub section in an amount that exceeds one-half of the difference between the amount of a student’s Federal Pell Grant for academic year 1992–1993 and the amount of such student’s Federal Pell Grant for academic year 1993–1994. “(3) Academic year limitation.— A financial aid administrator shall make adjustments under this subsection only for Federal Pell Grants awarded for academic years 1993–1994, 1994–1995, and 1995–1996. “(4) Special rule.— Adjustments under this subsection shall be made in any fiscal year only if an Act that contains an appropriation for such fiscal year to carry out this subsection is enacted on or after the date of enactment of the Higher Education Technical Amendments of 1993. “(5) Limitation.— Adjustments under this subsection shall not be available for any academic year to any student who, on the basis of the financial circumstances of the student for the current academic year, would not have been eligible for a grant under this section in academic year 1992–1993.”, (17) 20 USC 1087vv. in section 480(c)(2), by striking “Title” each place it appears and inserting “United States Code, title”; (18) in section 480(d)(2), by inserting “or was a ward of the court until the individual reached the age of 18” before the semicolon; (19) in section 480(j), by reducing the indentation of paragraph (3) by 2 em spaces; and (20) in section 480, by adding at the end the following new subsections: “(k) Dependents.— (1) Except as otherwise provided, the term ‘dependent of the parent’ means the student, dependent children of the student’s parents, including those children who are deemed to be dependent students when applying for aid under this title, and other persons who live with and receive more than one-half of their support from the parent and will continue to receive more than half of their support from the parent during the award year. “(2) Except as otherwise provided, the term ‘dependent of the student’ means the student’s dependent children and other persons (except the student’s spouse) who live with and receive more than one-half of their support from the student and will continue to receive more than half of their support from the student during the award year. “(l) Family Size.— (1) In determining family size in the case of a dependent student— “(A) if the parents are not divorced or separated, family members include the student’s parents, and the dependents of the student’s parents including the student; “(B) if the parents are divorced or separated, family members include the parent whose income is included in computing available income and that parent’s dependents, including the student; and “(C) if the parents are divorced and the parent whose income is so included is remarried, or if the parent was a widow or widower who has remarried, family members also include, in addition to those individuals referred to in subparagraph (B), the new spouse and any dependents of the new spouse if that spouse’s income is included in determining the parents’ adjusted available income. “(2) In determining family size in the case of an independent student— “(A) family members include the student, the student’s spouse, and the dependents of the student; and “(B) if the student is divorced or separated, family members do not include the spouse (or ex-spouse), but do include the student and the student’s dependents. “(m) Business Assets.— The term ‘business assets’ means property that is used in the operation of a trade or business, including real estate, inventories, buildings, machinery, and other equipment, patents, franchise rights, and copyrights.”. (h) Amendments to Part G of Title IV of the Act.— Part G of title IV of the Act (20 U.S.C. 1088 et seq.) is amended— (1) in section 481(a)(3)(B), by inserting before the semicolon 20 USC 1088. the following: “, except that the Secretary, at the request of such institution, may waive the applicability of this subparagraph to such institution for good cause, as determined by the Secretary in the case of an institution of higher education that provides a 2-year or 4-year program of instruction for which the institution awards an associate or baccalaureate degree”; (2) in section 481(a)(3)(D)— (A) by striking “are admitted pursuant to section 484(d)” and inserting “do not have a high school diploma or its recognized equivalent”; and (B) by inserting before the period the following: “, except that the Secretary may waive the limitation contained in this subparagraph if a nonprofit institution demonstrates to the satisfaction of the Secretary that it exceeds such limitation because it serves, through contracts with Federal, State, or local government agencies, significant numbers of students who do not have a high school diploma or its recognized equivalent”; (3) in section 481(a)(4), by amending subparagraph (A) to read as follows: “(A) the institution, or an affiliate of the institution that has the power, by contract or ownership interest, to direct or cause the direction of the management or policies of the institution, has filed for bankruptcy; or”; (4) in section 481(d), by amending paragraph (2) to read as follows: “(2) For the purpose of any program under this title, the term ‘academic year’ shall require a minimum of 30 weeks of instructional time, and, with respect to an undergraduate course of study, shall require that during such minimum period of instructional time a full-time student is expected to complete at least 24 semester or trimester hours or 36 quarter hours at an institution that measures program length in credit hours, or at least 900 clock hours at an institution that measures program length in clock hours. The Secretary may reduce such minimum of 30 weeks to not less than 26 weeks for good cause, as determined by the Secretary on a case-by-case basis, in the case of an institution of higher education that provides a 2-year or 4-year program of instruction for which the institution awards an associate or baccalaureate degree.”; (5) in section 481(e) by striking paragraph (2) and inserting the following: “(2) (A) A program is an eligible program for purposes of part B of this title if it is a program of at least 300 clock hours of instruction, but less than 600 clock hours of instruction, offered during a minimum of 10 weeks, that— “(i) has a verified completion rate of at least 70 percent, as determined in accordance with the regulations of the Secretary; “(ii) has a verified placement rate of at least 70 percent, as determined in accordance with the regulations of the Secretary; and “(iii) satisfies such further criteria as the Secretary may prescribe by regulation. “(B) In the case of a program being determined eligible for the first time under this paragraph, such determination shall be made by the Secretary before such program is considered to have satisfied the requirements of this paragraph.”; (6) 20 USC 1088. in section 481(f), by striking “State” and inserting “individual, or any State,”; (7) 20 USC 1089. in section 482(c), by adding at the end the following new sentence: “For award year 1994–95, this subsection shall not require a delay in the effectiveness of regulatory changes affecting parts B, G, and H of this title that are published in final form by May 1, 1994”; (8) 20 USC 1090. in section 483(a)(1), by striking “section 411(d)” and inserting “section 401(d)”; (9) in section 483(a)(2), by inserting at the end the following new sentence: “No data collected on a form for which a fee is charged shall be used to complete the form prescribed under paragraph (1).”; (10) in section 483(a)(3), by inserting at the end the following sentence: “Entities designated by institutions of higher education or States to receive such data shall be subject to all requirements of this section, unless such requirements are waived by the Secretary.”; (11) in section 483(f), by striking “address, social security number,” and inserting “address or employer’s address, social security number or employer identification number,”; (12) in section 483, by redesignating subsections (e), (f), and (g) as subsections (d), (e), and (f), respectively; (13) 20 USC 1091. in section 484(a)(4)(B), by inserting after “number” the following: “, except that the provisions of this subparagraph shall not apply to a student from the Republic of the Marshall Islands, the Federated States of Micronesia, or the Republic of Palau”; (14) in section 484(a)(5), by striking “in the United States for other than a temporary purpose and able to provide evidence from the Immigration and Naturalization Service of his or her intent to become a permanent resident” and inserting “able to provide evidence from the Immigration and Naturalization Service that he or she is in the United States for other than a temporary purpose with the intention of becoming a citizen or permanent resident”; (15) in section 484(b)(2)— (A) in subparagraph (A), by striking “and” after the semicolon; (B) in subparagraph (B), by striking the period and inserting “; and”; and (C) by adding at the end the following new subparagraph: “(C) has applied for a loan under section 428H, if such student is eligible to apply for such a loan.”; (16) in the matter following subparagraph (B) of section 484(b)(3), by striking “part B” and inserting “part B or D”; (17) in section 484, by striking subsection (f); (18) in section 484(g), by inserting a comma after “Part 20 USC 1091. D” each place it appears; (19) in the matter preceding clause (i) of section 484(h)(4)(B), by striking “constitutes” and inserting “constitute”; (20) in section 484(i)(2)— (A) by striking “(h)(4)(A)(ii)” and inserting “(h)(4)(A)(i)”; and (B) by striking “documentation,” and inserting “documentation, or”; (21) in section 484(i)(3)— (A) by striking “(h)(4)(B)(ii)” and inserting “(h)(4)(B)(i)”; and (B) by striking “, or” and inserting a period; (22) in section 484(i), by striking paragraph (4); (23) in section 484(n), by striking “part B, C,” and inserting “parts B,C”; (24) in section 484(q)(2), by striking “a correct social security number” and inserting “documented evidence of a social security number that is determined by the institution to be correct”; (25) in section 484, by redesignating subsections (g) through (q) as subsections (f) through (p), respectively; (26) in section 484B(a), by striking “grant, loan, or work 20 USC 1091b. assistance” and inserting “grant or loan assistance”; (27) in section 484B(b)(3), by striking “subsection (d)” and inserting “subsection (c)”; (28) in clauses (i), (ii), and (iii) of section 485(a)(1)(F), 20 USC 1092. by inserting before the comma at the end of each such clause the following: “for the period of enrollment for which a refund is required”; (29) in section 485(a)(1)(F)(iv), by inserting “under” after “awards”; (30) in section 485(a)(1)(F)(vii), by striking “provided under this title”; (31) in section 485(a)(1)(F)(viii), by striking the period; (32) in section 485(a)(1)(F), by striking clause (vi) and redesignating clauses (vii) and (viii) as clauses (vi) and (vii), respectively; (33) in section 485(a)(1)(L), by inserting a comma after “full-time”; (34) in section 485(a)(3), by amending subparagraph (A) to read as follows: “(A) shall, for any academic year beginning more than 270 days after the Secretary first prescribes final regulations pursuant to such subparagraph (L), be made available to current and prospective students prior to enrolling or entering into any financial obligation; and”; (35) in paragraphs (1)(A) and (2)(A) of section 485(b), by striking “under parts” and inserting “under part”; (36) in section 485(d), by inserting a period at the end of the penultimate sentence; (37) in section 485(e), by adding at the end the following new paragraph: “(9) This subsection shall not be effective until the first July Effective date. Regulations. 1 that follows, by more than 270 days, the date on which the Secretary first prescribes final regulations pursuant to this subsection. The reports required by this subsection shall be due on that July 1 and each succeeding July 1 and shall cover the 1-year period ending June 30 of the preceding year.”; (38) 20 USC 1092b. in section 4858(a)— (A) by striking “part E” and inserting “parts D and E”; and (B) by striking the second period at the end of the third sentence; (39) in section 485B(a)(4), by striking “part E” and inserting “parts D and E”; (40) in section 485B(c), by striking “part B or part E” and inserting “part B, D, or E”; (41) in section 485B(e), by striking “under this part” each place it appears and inserting “under this title”; (42) 20 USC 1094. in section 487(a)(2), by striking or for completing “, or handling the Federal Student Assistance Report”; (43) in section 487(c)(1)(F), by striking “eligibility for any program under this title of any otherwise eligible institution,” and inserting “participation in any program under this title of an eligible institution,”; (44) 20 USC 1096. in section 489(a), by striking “484(c)” and inserting “484(h)”; (45) 20 USC 1098. in section 491(d)(1), by striking “sections 411A through 411E and”; and (46) in section 491(h)(1), by striking “subtitle III” and inserting “subchapter III”. (i) Amendments to Part H of Title IV of the Act.— Part H of title IV of the Act (20 U.S.C. 1099a et seq.) is amended— (1) 20 USC 1099a–3. in section 494C(a), by striking the first and second sentences and inserting the following: “The Secretary shall review all eligible institutions of higher education in a State to determine if any such institution meets any of the criteria in subsection (b). If any such institution meets one or more of such criteria, the Secretary shall inform the State in which such institution is located that the institution has met such criteria, and the State shall review the institution pursuant to the standards in subsection (d). The Secretary may determine that a State need not review an institution if such institution meets the criterion in subsection (b)(10) only, such institution was previously reviewed by the State under subsection (d), and the State determined in such previous review that the institution did not violate any of the standards in subsection (d).”; (2) in section 494C(i), by striking “sections 428 or 487” and inserting “section 428 or 487”; (3) 20 USC 1099b. in section 496(a)(2)(A)(i), by inserting “of institutions of higher education” after “membership”; (4) in section 496(a)(3)(A), by striking “subparagraph (A)” and inserting “subparagraph (A)(i)”; (5) in section 496(a)(5)— (A) by striking the period at the end of subparagraph (L) and inserting a semicolon; and (B) by inserting after subparagraph (L) the following: “except that subparagraphs (G), (H), (I), (J), and (L) shall not apply to agencies or associations described in paragraph (2)(A)(ii) of this subsection;”; (6) in the matter preceding paragraph (1) of section 496(c), by striking “for the purpose of this title” and inserting “as a reliable authority as to the quality of education or training offered by an institution seeking to participate in the programs authorized under this title”; (7) in section 496(1)(2)— 20 USC 1099b. (A) by striking “institutution” and inserting “institution”; and (B) by striking “association leading to the suspension” and inserting “association, described in paragraph (2)(A)(i), (2)(B), or (2)(C) of subsection (a) of this section, leading to the suspension”; (8) in section 496(n)(1), by amending subparagraph (B) to read as follows: “(B) site visits, including unannounced site visits as appropriate, at accrediting agencies and associations, and, at the Secretary’s discretion, at representative member institutions.”; (9) in section 498(c)— 20 USC 1099c. (A) in paragraph (2), by adding at the end the following new sentences: “Such criteria shall take into account any differences in generally accepted accounting principles, and the financial statements required thereunder, that are applicable to for profit and nonprofit institutions. The Secretary shall take into account an institution’s total financial circumstances in making a determination of its ability to meet the standards herein required.”; (B) in the matter preceding subparagraph (A) of paragraph (3), by striking “may determine” and inserting “shall determine”; (C) by amending subparagraph (C) of paragraph (3) to read as follows: “(C) such institution establishes to the satisfaction of the Secretary, with the support of a financial statement audited by an independent certified public accountant in accordance with generally accepted auditing standards, that the institution has sufficient resources to ensure against the precipitous closure of the institution, including the ability to meet all of its financial obligations (including refunds of institutional charges and repayments to the Secretary for liabilities and debts incurred in programs administered by the Secretary); or”; (D) by redesignating paragraphs (4) and (5) as paragraphs (5) and (6), respectively; and (E) by inserting after paragraph (3) the following new paragraph: “(4) If an institution of higher education that provides a 2-year or 4-year program of instruction for which the institution awards an associate or baccalaureate degree fails to meet the ratio of current assets to current liabilities imposed by the Secretary pursuant to paragraph (2), the Secretary shall waive that particular requirement for that institution if the institution demonstrates to the satisfaction of the Secretary that— “(A) there is no reasonable doubt as to its continued solvency and ability to deliver quality educational services; “(B) it is current in its payment of all current liabilities, including student refunds, repayments to the Secretary, payroll, and payment of trade creditors and withholding taxes; and “(C) it has substantial equity in school-occupied facilities, the acquisition of which was the direct cause of its failure to meet the current operating ratio requirement.”; (10) 20 USC 1099c. in section 498(f), by inserting after the second sentence the following: “The Secretary may establish priorities by which institutions are to receive site visits, and may coordinate such visits with site visits by States, guaranty agencies, and accrediting bodies in order to eliminate duplication, and reduce administrative burden.”; (11) in section 498(h)(1)(B), by amending clause (iii) to read as follows: “(iii) the Secretary determines that an institution that seeks to renew its certification is, in the judgment of the Secretary, in an administrative or financial condition that may jeopardize its ability to perform its financial responsibilities under a program participation agreement.”; (12) in section 498, by amending subsection (i)(1) to read as follows: . “(i) Treatment of Changes of Ownership.— (1) An eligible institution of higher education that has had a change in ownership resulting in a change of control shall not qualify to participate in programs under this title after the change in control (except as provided in paragraph (3)) unless it establishes that it meets the requirements of section 481 (other than the requirements in subsections (b)(5) and (c)(3)) and this section after such change in control.”; (13) in section 498(i)(3), by amending subparagraph (A) to read as follows: “(A) the sale or transfer, upon the death of an owner of an institution, of the ownership interest of the deceased in that institution to a family member or to a person holding an ownership interest in that institution; or”; (14) in section 498, by amending subsection (j)(1) to read as follows: “(j) Treatment of Branches.— (1) A branch of an eligible institution of higher education, as defined pursuant to regulations of the Secretary, shall be certified under this subpart before it may participate as part of such institution in a program under this title, except that such branch shall not be required to meet the requirements of sections 481(b)(5) and 481(c)(3) prior to seeking such certification. Such branch is required to be in existence at least 2 years prior to seeking certification as a main campus or free-standing institution.”; and (15) 20 USC 1099c–1. in section 498A(e), by striking “Act,” and inserting “Act”. (j) Amendments to Titles V Through XII of the Act.— Titles V through XII of the Act (20 U.S.C. 1101 et seq.) are amended— (1) 20 USC 1102d. in section 505(b)(2)(D)(iii), by striking the period and inserting a semicolon; (2) 20 USC 1102d. in section 525, by amending subsection (c) to read as follows: “(c) Waivers.— For purposes of giving special consideration under section 523(d), a State may waive the criteria contained in the first sentence of subsection (b) for not more than 25 percent of individuals receiving Paul Douglas Teacher Scholarships on or after July 1, 1993.”; (3) in the first sentence of section 530A by striking 20 USC 1104j. “elementary and secondary school teachers” each place it appears and inserting “preschool, elementary, and secondary school teachers”; (4) in section 535(b)(1)(C), by striking the semicolon and 20 USC 1105d. inserting a period; (5) in section 537(a), by inserting “In” before “General”; 20 USC 1105f. (6) in section 545(d), by striking “parts B, D,” and inserting 20 USC 1106d. “part B, D,”; (7) in section 580B, by striking “(a) Authorization.—”; 20 USC 1112e. (8) in section 581(b)(2), by striking “402A(g)(2)” and inserting 20 USC 1113. “402A(g)”; (9) in section 597(d)(1), by striking “Development and” 20 USC 1117a. and inserting “and Development”; (10) in section 602(a)(3), by striking “(1)(A)” and inserting 20 USC 1122. “(1)”; (11) in section 602(a)(4), by striking “(1)(A)” and inserting “(1)”; (12) in the heading of subsection (a) of section 603, by 20 USC 1123. striking “Resources” and inserting “Resource”; (13) in section 607(c), by redesignating the second paragraph 20 USC 1125a. (2) as paragraph (3); (14) in section 714, by striking “(a) In General.—”; 20 USC 1132b–3. (15) in section 715(b)— 20 USC 1132c–4. (A) by striking “(1) State grants.—”; (B) by redesignating subparagraphs (A) and (B) as paragraphs (1) and (2); (C) in paragraph (2) (as so redesignated) by redesignating clauses (i), (ii), and (iii) as subparagraphs (A), (B), and (C), respectively; and (D) by reducing the indentation of such paragraphs (1) and (2) (as so redesignated) by two em spaces; (16) in section 725— 20 USC 1132b–4. (A) by redesignating paragraphs (2) through (5) as paragraphs (3) through (6), respectively; and (B) by inserting after paragraph (1) the following new paragraph: “(2) shall require that the first loans for capital projects authorized under section 723 be made no later than March 31, 1994;”; (17) in section 726, by inserting a period after “title” the 20 USC 1132c–5. first time it appears and striking the remainder of the sentence; (18) in section 731(a), by striking “faculties,” and inserting 20 USC 1132d. “faculty,”; (19) in section 731(c), by striking “enactment of”; (20) in section 734(e)— 20 USC 1132d–3. (A) by striking “Faculties” and inserting “Faculty”; and (B) by striking “faculties” and inserting “faculty”; (21) in section 781(b), by striking “Education Amendments 20 USC 1132i. of 1992,” and inserting “Education Amendments of 1992”; (22) in section 782(1)(A), by striking “outpatient care of 20 USC 1132i–1. student” and inserting “outpatient care of students”; (23) in section 783— 20 USC 1132i–2. (A) in subsection (a)(2), by inserting “on all such loans owed by such institution” after “outstanding indebtedness”; and (B) by adding at the end thereof the following new subsection: “(d) Reduction of Amounts Owed to Treasurer.— If the Secretary forgives all or part of a loan described in subsection (a), the outstanding balance remaining on the notes of the Secretary that were issued to the Secretary of the Treasury under section 761(d) as in effect prior to the enactment of the Higher Education Amendments of 1992, or under any provision of this title as in effect at the time such note was issued, shall be reduced by such amount forgiven.”; (24) 20 USC 1133a. in the matter preceding paragraph (1) of section 802(b), by inserting after “fiscal year the following: “the Secretary shall reserve such amount as is necessary to make continuing awards to institutions of higher education that were, on the date of enactment of the Higher Education Amendments of 1992, operating an existing cooperative education program under a multiyear project award and to continue to pay to such institutions the Federal share in effect on the day before such date of enactment. Of the remainder of the amount appropriated in such fiscal year”; (25) 20 USC 1133b. in section 803(b)(6)(A), by striking “data”; (26) in section 803(e)(2)— (A) by striking “Mexican American” and inserting “Mexican-American”, and (B) by striking “Mariana” and inserting “Marianian”; (27) 20 USC 1134. in section 901(b)(2), by striking “such part” and inserting “such title”; (28) 20 USC 1134e. in section 922, by amending subsection (f) to read as follows: “(f) Institutional Payments.— (1) The Secretary shall pay to the institution of higher education, for each individual awarded a fellowship under this part at such institution, an institutional allowance. Except as provided in paragraph (2), such allowance shall be— “(A) $6,000 annually with respect to individuals who first received fellowships under this part prior to academic year 1993–1994; and “(B) with respect to individuals who first receive fellowships during or after academic year 1993–1994— “(i) $9,000 for the academic year 1993–1994; and “(ii) for succeeding academic years, $9,000 adjusted annually thereafter in accordance with inflation as determined by the Department of Labor’s Consumer Price Index for the previous calendar year. “(2) The institutional allowance paid under paragraph (1) shall be reduced by the amount the institution charges and collects from a fellowship recipient for tuition and other expenses as part of the recipient’s instructional program.”; (29) 20 USC 1134f. in the second sentence of section 923(b)(1), by striking “granting of such fellowships” and all that follows through “set forth in this section,” and inserting “granting of such fellowships for an additional period of study not to exceed one 12-month period,”; (30) in section 923(b)(2), by striking out the second and third sentences and inserting the following: “Such period shall not exceed a total of 3 years, consisting of not more than 2 years of support for study or research, and not more than 1 year of support for dissertation work, provided that the student has attained satisfactory progress prior to the dissertation stage, except that the Secretary may provide by regulation for the granting of such fellowships for an additional period of study not to exceed one 12-month period, under special circumstances which the Secretary determines would most effectively serve the purposes of this part. The Secretary shall make a determination to provide such 12-month extension of an award to an individual fellowship recipient for study or research upon review of an application for such extension by the recipient. The institution shall provide 2 years of support for each student following the years of Federal predissertation support under this part. Any student receiving an award for graduate study leading to a doctoral degree shall receive at least 1 year of supervised training in instruction during such student’s doctoral program.”; (31) in section 923(b), by adding at the end the following 20 USC 1134f. new paragraph: “(3) Continuation of awards under prior law.— Notwithstanding any other provision of law, in the case of an individual who was awarded a multiyear fellowship under this part before the date of enactment of the Higher Education Amendments of 1992, awards to such individual for the remainder of such fellowship may, at the discretion of the institution of higher education attended by such individual, be subject to the requirements of this subsection as in effect prior to such date of enactment. The institution shall be required to exercise such discretion at the time that its application to the Secretary for a grant under this part, and the amount of any such grant, are being considered by the Secretary”; (32) in section 924, by adding at the end thereof the following 20 USC 1134g. new sentence: “Notwithstanding any other provision of law, the Secretary may use funds appropriated pursuant to this section for fiscal year 1994 to make continuation awards under section 923(b)(3) to individuals who would have been eligible for such awards in fiscal year 1993 if such section had been in effect.”; (33) in section 931(a), by inserting after the first sentence 20 USC 1134h. the following new sentence: “These fellowships shall be awarded to students intending to pursue a doctoral degree, except that fellowships may be granted to students pursuing a master’s degree in those fields in which the master’s degree is commonly accepted as the appropriate degree for a tenured-track faculty position in a baccalaureate degree-granting institution.”; (34) in the third sentence of section 932(a)(1), by striking 20 USC 1184i. “doctoral” and inserting “graduate”; (35) in section 932(c), by striking “doctoral” and inserting “graduate”; (36) in section 933(b), by amending paragraph (1) to read 20 USC 1134j. as follows: “(1) In general.— (A) The Secretary shall (in addition to stipends paid to individuals under this part) pay to the institution of higher education, for each individual awarded a fellowship under this part at such institution, an institutional allowance. Except as provided in subparagraph (B), such allowance shall be— “(i) $6,000 annually with respect to individuals who first received fellowships under this part prior to academic year 1993–1994; and “(ii) with respect to individuals who first receive fellowships during or after academic year 1993–1994— “(I) $9,000 for the academic year 1993–1994; and “(II) for succeeding academic years, $9,000 adjusted annually thereafter in accordance with inflation as determined by the Department of Labor’s Consumer Price Index for the previous calendar year. “(B) The institutional allowance paid under subparagraph (A) shall be reduced by the amount the institution charges and collects from a fellowship recipient for tuition and other expenses as part of the recipient’s instructional program”; (37) 20 USC 1134l. in section 941, by striking “the part” and inserting “this part”; (38) 20 USC 1184n. in section 943(b), by striking “foreign languages or area studies” and inserting “foreign languages and area studies”; (39) 20 USC 1134p. in section 945, by amending subsection (c) to read as follows: “(c) Treatment of Institutional Payments.— An institution of higher education that makes institutional payments for tuition and fees on behalf of individuals supported by fellowships under this part in amounts that exceed the institutional payments made by the Secretary pursuant to section 946(a) may count such payments toward the amounts the institution is required to provide pursuant to section 944(b)(2).”; (40) 20 USC 1134q. in section 946, by amending subsection (a) to read as follows: “(a) Institutional Payments.— (1) The Secretary shall (in addition to stipends paid to individuals under this part) pay to the institution of higher education, for each individual awarded a fellowship under this part at such institution, an institutional allowance. Except as provided in paragraph (2), such allowance shall be— “(A) $6,000 annually with respect to individuals who first received fellowships under this part prior to academic year 1993–1994; and “(B) with respect to individuals who first receive fellowships during or after academic year 1993–1994— “(i) $9,000 for the academic year 1993–1994; and “(ii) for succeeding academic years, $9,000 adjusted annually thereafter in accordance with inflation as determined by the Department of Labor’s Consumer Price Index for the previous calendar year. “(2) The institutional allowance paid under paragraph (1) shall be reduced by the amount the institution charges and collects from a fellowship recipient for tuition and other expenses as part of the recipient’s instructional program.”; (41) 20 USC 1134r. in the matter preceding paragraph (1) of section 951(a), by inserting “Pacific Islanders,” after “Native Americans,”; (42) 20 USC 1135a–2. in section 1004(a), by striking “part” and inserting “subpart”; (43) 20 USC 1135a–11. in section 1011(d), by striking “part” and inserting “subpart”; (44) in part D of title X, by redesignating section 1181 20 USC 1135f. as section 1081; (45) in section 1081(d) (as so redesignated) by inserting a comma after “this title)” and after “such institutions”; (46) in section 1106(a), by striking “may receive a grant” 20 USC 1136e. and inserting “may receive such a grant”; (47) in section 1142(d)(2), by inserting “program” after “literacy 20 USC 1138a. corps”; (48) in the last sentence of section 1201(a), by striking 20 USC 1141. “subpart 3 of part H,” and inserting “subpart 2 of part H of title IV of this Act,”; (49) by amending section 1204 to read as follows: 20 USC 1144. “Sec. 1204. “treatment of territories and territorial student assistance (a) The Secretary is required to waive the eligibility 20 USC 1144a. criteria of any postsecondary education program administered by the Department where such criteria do not take into account the unique circumstances in Guam, the Virgin Islands, American Samoa, Palau, the Commonwealth of the Northern Mariana Islands, and the freely associated states. “(b) Notwithstanding any other provision of law, an institution of higher education that is located in any of the freely associated states, rather than a State, shall be eligible, if otherwise qualified, for assistance under chapter 1 of subpart 2 of part A of title IV of this Act.”; (50) in section 1205, in the section heading, by inserting 20 USC 1145. “NATIONAL ADVISORY” before “COMMITTEE”; (51) in section 1205(a), by inserting “National Advisory” before “Committee” the first place it appears; (52) in paragraphs (1) and (6) of section 1205(c), by inserting “of title IV of this Act” after “part H”; (53) in section 1205(f), by striking “Accreditation and Institutional Eligibility” and inserting “Institutional Quality and Integrity”; (54) in section 1209(f)(1), by striking “the Act” and inserting 20 USC 1145d. “this Act”; (55) in title XII, by redesignating section 1211 (as added by section 6231 of the Omnibus Trade and Competitiveness Act of 1988) as section 1212; and 20 USC 1145f, 1145d–1. (56) in section 1212(e)(2) (as so redesignated), by inserting close quotation marks after “facilities” the first place it appears. (k) Amendments to the 1992 Amendments.— The Higher Education Amendments of 1992 (Public Law 102–325; 106 Stat. 459) is amended— (1) in section 401(d)(2)(A), by inserting “the first place 20 USC 1070a. it appears” before “the following:”; (2) in section 425(d)(1)— 20 USC 1082. (A) by inserting “the second sentence of” after “(1) in”; and (B) by striking “in the second sentence”; (3) in section 425(d)(4)— (A) by inserting “the second sentence of” after “(4) in”; and (B) by striking “in the second sentence”; (4) in section 426(c), by striking “new subsections” and 20 USC 1083. inserting “new subsection”; (5) 20 USC 1078 note. in section 432(a)(3), by striking “427(a)(2)(C) and 428(b)(1)(M)” and inserting “427(a)(2)(C), 428(b)(1)(M), and 428B(d)(1)”; (6) 20 USC 1096. in section 446, by striking subsection (c); (7) 20 USC 1087ee. in section 465(a), by amending paragraph (1) to read as follows: “(1) in subparagraph (A), by striking ‘and such determination’ and all that follows through ‘such chapter 1’;”; (8) 20 USC 1091 note. in section 484, by inserting after subsection (h) the following new subsection: “(i) Effective Date.— The amendments made by subsection (g) with respect to the addition of subsection (n) shall be effective on and after December 1, 1987”; (9) 20 USC 1092. in section 486(a)(3), by striking “section 1” and inserting “section 103”; (10) 20 USC 1132a note. in section 1409(b)(1), by striking “the Asbestos Hazard Emergency Response Act” and inserting “section 202 of the Toxic Substances Control Act (15 U.S.C. 2642)”; (11) 20 USC 1221–1 note. in section 1422(9), by striking “has placed” and inserting “have placed”; (12) 20 USC 1221–1 note. in section 1442(c), by striking “Chairman” and inserting “Chairperson”; (13) 20 USC 1145h. in section 1541(g), by striking “educational” and inserting “education”; and (14) 22 USC 4609. in the subsection (a)(1) amended by section 1554(a), by striking “4” and inserting “6”. (l) Amendment to the 1986 Amendment.— Section 1507(a)(12) of the Higher Education Amendments of 1986 (20 U.S.C. 4414(a)(12)) is amended by striking the period and inserting a semicolon. (m) 20 USC 1001 note. Stylistic Consistency.— The Act is amended so that the section designation and section heading of each section of the Act shall be in the form and typeface of the section designation and heading of this section. (n) Accreditation Through Transfer of Credit.— (1) 20 USC 1141 note. An institution of higher education which satisfied the requirements of section 1201(a)(5)(B) of the Act prior to the enactment of the Higher Education Amendments of 1992, shall be considered to meet the requirements of section 1201(a)(5) of the Act if— (A) within 60 days after the date of enactment of the Higher Education Technical Amendments of 1993, such institution has applied for accreditation by a nationally recognized accrediting agency or association which the Secretary determines, pursuant to subpart 2 of part H of title IV of the Act, to be a reliable authority as to the quality of education or training offered; (B) within 2 years of the date of enactment of the Higher Education Technical Amendments of 1993, such institution is accredited by such an accrediting agency or association or, if not so accredited, has been granted preaccreditation status by such an agency or association that has been recognized by the Secretary for the granting of preaccreditation status, and the Secretary has determined that there is satisfactory assurance that the institution will meet the accreditation standards of such an agency or association within a reasonable time; and (C) such institution is legally authorized within a State to provide education beyond secondary education. (2) The Secretary shall determine whether to recertify any institution that meets the requirements of paragraph (1) within 2 years after the date of enactment of this Act. (3) Paragraph (1) of this subsection shall be effective on and Effective date. after July 23, 1992.

    Effective date note
    Amendment by Pub. L. 103–208 effective as if included in the Higher Education Amendments of 1992, Pub. L. 102–325, except as otherwise provided, see section 5(a) of Pub. L. 103–208, set out as a note under section 1051 of this title.

16 of 16 references resolved to an enrolled provision