1998 Amendments to Higher Education Act of 1965
P.L. 105-244

One Hundred Fifth Congress

of the

United States of America


Begun and held at the City of Washington on Tuesday, the twenty-seventh day of January, one thousand nine hundred and ninety-eight

An Act

To extend the authorization of programs under 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,


(a) SHORT TITLE- This Act may be cited as the `Higher Education Amendments of 1998'.

(b) TABLE OF CONTENTS- The table of contents is as follows:

Sec. 1. Short title; table of contents.

Sec. 2. References.

Sec. 3. General effective date.


Sec. 101. Revision of title I.

Sec. 102. Conforming amendments.


Sec. 201. Teacher quality enhancement grants.


Sec. 301. Transfers and redesignations.

Sec. 302. Findings.

Sec. 303. Strengthening institutions.

Sec. 304. Strengthening HBCU's.

Sec. 305. Endowment challenge grants.

Sec. 306. HBCU capital financing.

Sec. 307. Minority science and engineering improvement program.

Sec. 308. General provisions.


Part A--Grants to Students

Sec. 401. Federal Pell Grants.

Sec. 402. Federal TRIO programs.

Sec. 403. Gear up program.

Sec. 404. Academic achievement incentive scholarships.

Sec. 405. Repeals.

Sec. 406. Federal supplemental educational opportunity grants.

Sec. 407. Leveraging educational assistance partnership program.

Sec. 408. Special programs for students whose families are engaged in migrant and seasonal farmwork.

Sec. 409. Robert C. Byrd Honors Scholarship Program.

Sec. 410. Child care access means parents in school.

Sec. 410A. Learning anytime anywhere partnerships.

Part B--Federal Family Education Loan Program

Sec. 411. Limitation repealed.

Sec. 412. Advances to reserve funds.

Sec. 413. Guaranty agency reforms.

Sec. 414. Scope and duration of Federal loan insurance program.

Sec. 415. Limitations on individual federally insured loans and Federal loan insurance.

Sec. 416. Applicable interest rates.

Sec. 417. Federal payments to reduce student interest costs.

Sec. 418. Voluntary flexible agreements with guaranty agencies.

Sec. 419. Federal PLUS loans.

Sec. 420. Federal consolidation loans.

Sec. 421. Default reduction program.

Sec. 422. Requirements for disbursements of student loans.

Sec. 423. Unsubsidized loans.

Sec. 424. Loan forgiveness for teachers.

Sec. 425. Loan forgiveness for child care providers.

Sec. 426. Notice to Secretary and payment of loss.

Sec. 427. Legal powers and responsibilities.

Sec. 428. Student loan information by eligible lenders.

Sec. 429. Definitions.

Sec. 430. Delegation of functions.

Sec. 431. Discharge.

Sec. 432. Debt management options.

Sec. 433. Special allowances.

Sec. 434. Federal family education loan insurance fund.

Part C--Federal Work-study Programs

Sec. 441. Authorization of appropriations; community services.

Sec. 442. Allocation of funds.

Sec. 443. Grants for Federal work-study programs.

Sec. 444. Flexible use of funds.

Sec. 445. Work colleges.

Part D--William D. Ford Federal Direct Loan Program

Sec. 451. Selection of institutions.

Sec. 452. Terms and conditions.

Sec. 453. Contracts.

Sec. 454. Funds for administrative expenses.

Sec. 455. Authority to sell loans.

Sec. 456. Loan cancellation for teachers.

Part E--Federal Perkins Loans

Sec. 461. Authorization of appropriations.

Sec. 462. Allocation of funds.

Sec. 463. Agreements with institutions of higher education.

Sec. 464. Terms of loans.

Sec. 465. Cancellation for public service.

Sec. 466. Distribution of assets from student loan funds.

Sec. 467. Perkins Loan Revolving Fund.

Part F--Need Analysis

Sec. 471. Cost of attendance.

Sec. 472. Data elements.

Sec. 473. Family contribution for dependent students.

Sec. 474. Family contribution for independent students without dependents other than a spouse.

Sec. 475. Family contribution for independent students with dependents other than a spouse.

Sec. 476. Regulations; updated tables and amounts.

Sec. 477. Simplified needs test; zero expected family contribution.

Sec. 478. Discretion of student financial aid administrators.

Sec. 479. Treatment of other financial assistance.

Sec. 480. Clerical amendments.

Sec. 480A. Effective dates.

Part G--General Provisions

Sec. 481. Master calendar.

Sec. 482. Forms and regulations.

Sec. 483. Student eligibility.

Sec. 484. State court judgments.

Sec. 485. Institutional refunds.

Sec. 486. Institutional and financial assistance information for students.

Sec. 487. National student loan data system.

Sec. 488. Distance education demonstration programs.

Sec. 489. Program participation agreements.

Sec. 490. Regulatory relief and improvement.

Sec. 490A. Garnishment requirements.

Sec. 490B. Administrative subpoena authority.

Sec. 490C. Advisory Committee on Student Financial Assistance.

Sec. 490D. Meetings and negotiated rulemaking.

Sec. 490E. Year 2000 requirements at the Department of Education.

Sec. 490F. Procedures for cancellations and deferments for eligible disabled veterans.

Part H--Program Integrity

Sec. 491. State role and responsibilities.

Sec. 492. Accrediting agency recognition.

Sec. 493. Eligibility and certification procedures.

Sec. 494. Program review and data.

Sec. 495. Review of regulations.


Sec. 501. Establishment of new title V.


Sec. 601. International and foreign language studies.

Sec. 602. Business and international education programs.

Sec. 603. Institute for International Public Policy.

Sec. 604. General provisions.


Sec. 701. Revision of title VII.

Sec. 702. Repeals.


Part A--Studies

Sec. 801. Study of market mechanisms in Federal student loan programs.

Sec. 802. Study of the feasibility of alternative financial instruments for determining lender yields.

Sec. 803. Student-related debt study required.

Sec. 804. Study of transfer of credits.

Sec. 805. Study of opportunities for participation in athletics programs.

Sec. 806. Study of the effectiveness of cohort default rates for institutions with few student loan borrowers.

Part B--Advanced Placement Incentive Program

Sec. 810. Advanced placement incentive program.

Part C--Community Scholarship Mobilization

Sec. 811. Short title.

Sec. 812. Findings.

Sec. 813. Definitions.

Sec. 814. Purpose; endowment grant authority.

Sec. 815. Grant agreement and requirements.

Sec. 816. Authorization of appropriations.

Part D--Grants to States for Workplace and Community Transition Training for Incarcerated Youth Offenders

Sec. 821. Grants to States for workplace and community transition training for incarcerated youth offenders.

Part E--Grants to Combat Violent Crimes Against Women on Campuses

Sec. 826. Grants to combat violent crimes against women on campuses.

Sec. 827. Study of institutional procedures to report sexual assaults.

Part F--Improving United States Understanding of Science, Engineering, and Technology in East Asia

Sec. 831. Improving United States understanding of science, engineering, and technology in East Asia.

Part G--Olympic Scholarships

Sec. 836. Extension of authorization.

Part H--Underground Railroad

Sec. 841. Underground Railroad educational and cultural program.

Part I--Summer Travel and Work Programs

Sec. 846. Authority to administer summer travel and work programs.

Part J--Web-based Education Commission

Sec. 851. Short title; definitions.

Sec. 852. Establishment of Web-Based Education Commission.

Sec. 853. Duties of the Commission.

Sec. 854. Powers of the Commission.

Sec. 855. Commission personnel matters.

Sec. 856. Termination of the Commission.

Sec. 857. Authorization of appropriations.

Part K--Miscellaneous

Sec. 861. Education-welfare study.

Sec. 862. Release of conditions, covenants, and reversionary interests, Guam Community College conveyance, Barrigada, Guam.

Sec. 863. Sense of Congress regarding good character.

Sec. 864. Educational merchandise licensing codes of conduct.


Part A--Extension and Revision of Indian Higher Education Programs

Sec. 901. Tribally controlled colleges and universities.

Sec. 902. Reauthorization of Navajo Community College Act.

Part B--Education of the Deaf

Sec. 911. Short title.

Sec. 912. Elementary and secondary education programs.

Sec. 913. Agreement with Gallaudet University.

Sec. 914. Agreement for the National Technical Institute for the Deaf.

Sec. 915. Definitions.

Sec. 916. Gifts.

Sec. 917. Reports.

Sec. 918. Monitoring, evaluation, and reporting.

Sec. 919. Federal endowment programs.

Sec. 920. Scholarship program.

Sec. 921. Oversight and effect of agreements.

Sec. 922. International students.

Sec. 923. Research priorities.

Sec. 924. National Study on the Education of the Deaf.

Sec. 925. Authorization of appropriations.

Part C--United States Institute of Peace

Sec. 931. Authorities of the United States Institute of Peace.

Part D--Voluntary Retirement Incentive Plans

Sec. 941. Voluntary retirement incentive plans.

Part E--General Education Provisions Act Amendment

Sec. 951. Amendment to Family Educational Rights and Privacy Act of 1974.

Sec. 952. Alcohol or drug possession disclosure.

Part F--Liaison for Proprietary Institutions of Higher Education

Sec. 961. Liaison for proprietary institutions of higher education.

Part G--Amendments to Other Statutes

Sec. 971. Nondischareability of certain claims for educational benefits provided to obtain higher education.

Sec. 972. GNMA guarantee fee.

Part H--Repeals

Sec. 981. Repeals.

Sec. 982. Repeals of previous higher education amendments provisions.

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Last Modified: 09/23/2003