Archived Information

Technical Amendments to the Higher Education Act


A BILL

To make technical amendments to the Higher Education Act of 1965, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the "Higher Education Technical Amendments Act of 2000."

REFERENCES; GENERAL EFFECTIVE DATE

SEC. 101. (a) Except as otherwise expressly provided in this Act, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Higher Education Act of 1965 (20 U.S.C. 1001 et seq.).

(b) Except as otherwise provided in this Act, the amendments made by this Act shall take effect as if enacted as part of the Higher Education Amendments of 1998 (P.L. 105-244).

AMENDMENTS TO TITLE I

SEC. 102. (a) DEFINITIONS. (1) Section 102(a) is amended?

(A) by amending paragraph (2) to read as follows:

"(2) INSTITUTIONS OUTSIDE THE UNITED STATES.?(A) IN GENERAL. For the purpose of qualifying as an institution under paragraph (1)(C), the Secretary shall establish criteria by regulation for the approval of institutions outside the United States and for the determination that such institutions are comparable to an institution of higher education as defined in section 101 (except that a graduate medical school, or a veterinary school, located outside the United States shall not be required to meet the requirements of section 101(a)(4)). Such criteria shall include a requirement that a student attending such school outside the United States is ineligible for loans made, insured, or guaranteed under part B unless--

"(i) in the case of a graduate medical school located outside the United States?

"(I)(aa) at least 60 percent of those enrolled in, and at least 60 percent of the graduates of, the graduate medical school outside the United States were not persons described in section 484(a)(5) in the year preceding the year for which a student is seeking a loan under part B of title IV; and

"(bb) at least 60 percent of the individuals who were students or graduates of the graduate medical school outside the United States (both nationals of the United States and others) taking the examinations administered by the Educational Commission for Foreign Medical Graduates received a passing score in the year preceding the year for which a student is seeking a loan under part B of title IV; or

"(II) the institution has a clinical training program that was approved by a State as of January 1, 1992; or

"(ii) in the case of a veterinary school located outside the United States that does not meet the requirements of section 101(a)(4)?

"(I) the institution was certified by the Secretary as eligible to participate in the loan program under part B of title IV before October 1, 1999; and

"(II) the institution's students complete their clinical training at an approved veterinary school located in the United States."; and

(B) in paragraph (3)(A), by striking out "section 521(4)(C) of the Carl Perkins Vocational and Applied Technology Education Act" and inserting in lieu thereof "section 3(3)(C) of the Carl D. Perkins Vocational and Technical Education Act of 1998"; and

(2) Section 103(7) is amended to read as follows:

" (7) NEW BORROWER.?The term 'new borrower' when used with respect to any provision of?

"(A) part B or part D of title IV means an individual who has no outstanding balance of principal or interest owing on any loan made, insured, or guaranteed under either such part; and

"(B) part E of title IV means an individual who has no outstanding balance of principal or interest owing on any loan made under that part.".

(b) PERFORMANCE-BASED ORGANIZATION. Section 141(f)(3)(A) is amended by striking out "paragraph (1)(A)"and inserting in lieu thereof "paragraph (1)".

AMENDMENTS TO TITLE II

SEC. 103. (a) Section 206 is amended?

(1) in subsection (c)(1), by striking out "receiving a grant under this title" and inserting in lieu thereof "receiving a grant under section 202 or 203"; and

(2) in subsection (d), by adding at the end thereof the following: "The Secretary may use funds appropriated pursuant to section 210 to carry out the activities described in this subsection."

(b) Section 210 is amended?

(1) by redesignating paragraphs (1), (2), and (3) as subparagraphs (A), (B), and (C), respectively; and

(2) by inserting immediately after "of which?" the following:

"(1) 1.5 percent shall first be available for each fiscal year to carry out the evaluation and dissemination activities authorized under section 206; and

"(2) from the remainder?".

AMENDMENTS TO TITLE III

SEC. 104. (a) Section 313(d) is amended to read as follows:

"(d) WAIT-OUT-PERIOD.?(1) Except as provided in paragraph (2), each eligible institution that received a grant under this part for a 5-year period shall not be eligible to receive an additional grant under this part until 2 years after the date on which the 5-year grant period terminates.

"(2) Paragraph (1) shall not apply to institutions that are eligible to receive funds under section 316 or 317.".

(b) Section 324(g) is amended?

(1) in the heading thereof, by striking out "CERTAIN DISTRICT OF COLUMBIA ELIGIBLE INSTITUTIONS.?" and inserting in lieu thereof "HOWARD UNIVERSITY.?"; and

(2) by striking out "or the University of the District of Columbia", "or by the University of the District of Columbia under the District of Columbia Self-Government and Governmental Reorganization Act (87 Stat. 774) for such fiscal year,", and "and the University of the District of Columbia, as the case may be,".

(c) Section 326(e)(1) is amended, in the matter preceding subparagraph (A), by inserting a colon immediately after "the following".

(d) Section 342(5)(C) is amended?

(1) by inserting a comma immediately after "equipment" the first place it

appears; and

(2) by striking out "technology,," and inserting in lieu thereof "technology,".

(e) Section 343(e) is amended by inserting immediately after the subsection designation the following: "SALE OF QUALIFIED BONDS.?".

(f) Section 351(a) is amended by striking out "of 1979".

(g) Section 399(a)(4)(A) is amended by striking out "$110,000" and inserting in lieu thereof "$110,000,000".

AMENDMENTS TO TITLE IV

SEC. 105. (a) GEAR UP.?(1)(A) Section 404A(b) is amended by adding at the end thereof the following new paragraph:

"(3) DURATION.--An award made by the Secretary under this chapter to an eligible entity described in paragraph (1) or (2) of subsection (c) shall be for a period of six years.".

(B) The amendment made by subparagraph (A) shall be effective for awards made for fiscal year 2000, except that the Secretary shall permit recipients of five-year grants made for fiscal year 1999 to amend their grant applications to include a six-year project period.

(2) Section 404F(a) is amended by striking out "using funds appropriated under section 404H that do not exceed $200,000" and inserting in lieu thereof "using not more than 0.2 percent of the funds appropriated pursuant to section 404H".

(b) SPECIAL LEVERAGING EDUCATIONAL ASSISTANCE PARTNERSHIP PROGRAM.?(1) Section 415E is amended by adding at the end thereof the following new subsection:

"'(f) SPECIAL RULE. Notwithstanding subsection (e), for purposes of determining a State's share of the cost of the authorized activities described in subsection (c) for the first fiscal year that the State participates in the program authorized under this section, the State shall consider only those expenditures from non-Federal sources that exceed its expenditures for activities authorized under this subpart for the preceding fiscal year.'."

(2) The amendments made by paragraph (1) shall be effective for fiscal year 2000 and succeeding fiscal years.

(c) BYRD SCHOLARSHIPS.?(1) Section 419C(b)(1) is amended by inserting "and" at

the end thereof.

(2) Section 419D(d) is amended by striking out "Public Law 95-1134" and inserting in lieu thereof "Public Law 95-134".

(d) FFEL.?(1) Section 425(a)(1)(i)(II) is amended to read as follows:

"(II) if such student is enrolled in a program of undergraduate education that is less than one academic year, the maximum annual loan amount that such student may receive may not exceed the lesser of--

"(aa) the amount that bears the same ratio to the amount specified in subclause (I) as the length of such program measured in semester, trimester, quarter, or clock hours bears to one academic year; or

"(bb) the amount that bears the same ratio to the amount specified in subclause (I) as the length of such program measured in weeks of instruction bears to one academic year;".

(2) Section 428 is amended?

(A) in subsection (a)(2)(A)(i)(II), by striking out "and" at the end thereof; and

(B) in subsection (b)(1)?

(i) by amending subparagraph (A)(i)(II) to read as follows:

"(II) if such student is enrolled in a program of undergraduate education that is less than one academic year, the maximum annual loan amount that such student may receive may not exceed the lesser of--

"(aa) the amount that bears the same ratio to the amount specified in subclause (I) as the length of such program measured in semester, trimester, quarter, or clock hours bears to one academic year; or

"(bb) the amount that bears the same ratio to the amount specified in subclause (I) as the length of such program measured in weeks of instruction bears to one academic year;";

(ii) by amending subparagraph (M)(i)(I) to read as follows:

"(I) is pursuing at least a half-time course of study, notwithstanding any provision of the promissory note requiring the borrower to borrow additional loans under this title or maintain full-time enrollment in order to receive a deferment under this subclause; or"; and

(iii) in subparagraph (Y)(i), by striking out "subparagraph (M)(i)"

and inserting in lieu thereof "subparagraph (M)(i)(I)".

(3) Section 428C is amended?

(A) in subsection (a)(3)(B), by adding at the end thereof the following new clause:

"(ii) Loans made under this section shall, to the extent used to discharge loans made under this title, be counted against the applicable limitations on aggregate indebtedness contained in sections 425(a)(2), 428(b)(1)(B), 428H(d), 455, and 464(a)(2)(B)."; and

(B) in subsection (b)(1)(A)(ii), by inserting "acceptable to the borrower" immediately following "income-sensitive repayment terms".

(4) Section 428H(d)(2)(A)(ii) is amended to read as follows:

"(ii) if such student is enrolled in a program of undergraduate education that is less than one academic year, the maximum annual loan amount that such student may receive may not exceed the lesser of--

"(I) the amount that bears the same ratio to the amount specified in clause (i) as the length of such program measured in semester, trimester, quarter, or clock hours bears to one academic year; or

"(II) the amount that bears the same ratio to the amount specified in subclause (I) as the length of such program measured in weeks of instruction bears to one academic year;".

(5) Section 432(m)(1)(B) is amended?

(A) in clause (i), by adding "and" at the end thereof; and

(B) in clause (ii), by striking out the semicolon and "and" at the end thereof and inserting in lieu thereof a period.

(6) Section 438(b)(2) is amended?

(A) in subparagraph (A), by striking out "section 427A(f)." and inserting in lieu thereof "section 427A(i)."; and

(B) in subparagraph (F), by striking out "section 427A(f)." and inserting in lieu thereof "section 427A(i)."

(e) DIRECT LOANS.?Section 455(b) is amended by redesignating the

paragraph (6) added by section 452(a)(1) of P.L. 105-244 and paragraph (7) as paragraphs (7) and (8), respectively.

(f) PERKINS LOANS.?(1) Section 464(c)(1)(D) is amended by redesignating subclauses (I) and (II) as clauses (i) and (ii).

(2) Section 465(a)(2) is amended?

(A) in subparagraph (A), by striking out "section 111(c)" and inserting in lieu thereof "section 1124(c)"; and

(B) in subparagraph (C), by striking out "With" and inserting in lieu thereof "with".

(3) Section 467(b) is amended by striking out "paragraph (5)(A), (5)(B)(i), or (6)" and inserting in lieu thereof "paragraph (4)(A), (4)(B)(i), or (5)".

(4) Section 469(c) is amended by striking out "sections 602(a)(1) and 672(1),", "'qualified professional provider of early intervention services'", and "section 672(2)", and inserting in lieu thereof "sections 602(3) and 632(5),", "'early intervention services'", and "section 632(4)", respectively.

(g) NEED ANALYSIS.?(1) Section 471 is amended by striking out "subparts 1 or 2" and inserting in lieu thereof "subparts 1, 2, or 4".

(2) Section 478 is amended?

(A) in subsection (b)(1), by striking out "academic year 1993-1994," and "December 1992" and inserting in lieu thereof "academic year 2000-2001," and "December 1999", respectively; and

(B) in subsection (h)--

(i) by striking out "476(b)(4)(B),"; and

(ii) by striking out "meals away from home, apparel and upkeep, transportation, and housekeeping services" and inserting in lieu thereof "food away from home, apparel, transportation, and household furnishings and operations".

(h) GENERAL PROVISIONS.?(1) Section 483 is amended?

(A) in subsection (a)(7), by striking out "is authorized to include on the form developed under this subsection space for" and inserting in lieu thereof "may require, on the form developed under this subsection,"; and

(B) in subsection (d), in the second sentence therein, by striking out "that is authorized under section 685(d)(2)(C)" and inserting in lieu thereof a comma and "or other appropriate provider of technical assistance and information on postsecondary educational services, that is supported under section 685";

(2) Section 484 is amended?

(A) in subsection (a)(4), by striking out "certification,," and inserting in lieu thereof "certification,";

(B) in subsection (b)(2)--

(i) in the matter preceding subparagraph (A), by striking out "section 428A" and inserting in lieu thereof "section 428H"; and

(ii) in subparagraph (B), by striking out the semicolon and "and" at the end thereof and inserting in lieu thereof a period; and

(iii) by striking out subparagraph (C);

(C) in subsection (l)(1)(B)(i), by striking out "section 521(4)(C) of the Carl D. Perkins Vocational and Applied Technology Education Act" and inserting in lieu thereof "section 3(3)(C) of the Carl D. Perkins Vocational and Technical Education Act of 1998"; and

(D) by amending subsection (r)(2)(A) to read as follows:

"(A) the student satisfactorily completes a drug rehabilitation program that meets such criteria as the Secretary shall prescribe in regulations for purposes of this paragraph; or".

(3) Section 484B is amended?

(A) in subsection (a)?

(i) in paragraph (1), in the parenthetical therein, by inserting "subpart 4 of part A, or" immediately after "received under"; and

(ii) in paragraph (3)(B)(i), by striking out "for which assistance was awarded" and inserting in lieu thereof "for which assistance was disbursed (or could have been disbursed)";

(B) in subsection (b)(2)(C), by striking out "under this title," and inserting in lieu thereof "under this title"; and

(C) in subsection (d), by adding at the end thereof the following new paragraph:

"(3) in the case of a program of study by correspondence, telecommunications, or distance learning, the Secretary may establish by regulation the determination of the percentage of the payment period or period of enrollment for which assistance was disbursed (or could have been disbursed) that was completed.".

(4) Section 485B(a) is amended?

(A) by redesignating paragraphs (5) (as added by section 2008 of P.L. 101-239), (6), (7), (8), (9), and (10) as paragraphs (6), (7), (8), (9), (10), and (11), respectively; and

(B) in paragraph (5)?

(i) by striking out "(22 U.S.C. 2501 et seq.))," and inserting in lieu thereof "(22 U.S.C. 2501 et seq.),"; and

(ii) by striking out the period at the end thereof and inserting in lieu thereof a semicolon.

(i) PROGRAM INTEGRITY.?Section 498 is amended?

(1) in subsection (b)(5), by striking out "institution," and inserting in lieu thereof "institution (but subject to the requirements of section 484(b)),";

(2) in subsection (c)(2), by striking out "for profit," and inserting in lieu thereof "for-profit,"; and

(3) in subsection (d)(1)(B), by inserting "and" at the end thereof.

AMENDMENTS TO TITLE V

Sec. 106. Section 504(a) is amended?

(1) by striking out "(1) IN GENERAL.?"; and

(2) by striking out paragraph (2).

AMENDMENTS TO TITLE VII

SEC. 107. (a) Section 701(a) is amended by amending the third sentence therein to read as follows: "Funds appropriated for a fiscal year shall be obligated and expended for fellowships under this subpart for use in the academic year beginning after July 1 of such fiscal year.".

(b) Section 714(c) is amended by striking out "section 716(a)" and "section 714(b)(2)." and inserting in lieu thereof "section 715(a)" and "section 713(b)(2).", respectively.

AMENDMENTS TO THE FAMILY EDUCATIONAL RIGHTS AND PRIVACY ACT OF 1974

SEC. 108. Section 444(b) of the General Education Provisions Act (20 U.S.C. 1232g(b)), also known as the Family Educational Rights and Privacy Act of 1974, is amended?

(1) in paragraph (1), by amending subparagraph (E) to read as follows:

"(E) State and local officials or authorities to whom such information is specifically?

"(i) required to be reported or disclosed pursuant to State statute adopted prior to November 19, 1974; or

"(ii) allowed to be reported or disclosed pursuant to State statute adopted on or after November 19, 1974, if?

"(I) the allowed reporting or disclosure system concerns the juvenile justice system and such system's ability to effectively serve, prior to adjudication, the student whose records are released; and

"(II) the officials and authorities to whom such information is disclosed certify in writing to the educational agency or institution that the information will not be disclosed to any other party except as provided under State law without the prior written consent of the parent of the student;";

(2) in paragraph (6)(B), by inserting "on or after October 7, 1998" immediately after "conducted"; and

(3) by adding at the end thereof the following new paragraph:

"(7) Nothing in this section shall be construed to prohibit an educational agency or institution from disclosing to an alleged victim of harassment in violation of Title IX of the Educational Amendments of 1972, Title VI of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act or the Americans with Disabilities Act, the results of any investigation, hearing or other proceeding conducted on or after the date of enactment of this paragraph by such agency or institution regarding the alleged harassment, including the determination as to whether harassment occurred, and any resulting action taken as to the alleged perpetrator.".

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