[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4504 Reported in House (RH)]






                                                 Union Calendar No. 371
106th CONGRESS
  2d Session
                                H. R. 4504

                          [Report No. 106-665]

   To make technical amendments to the Higher Education Act of 1965.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 19, 2000

  Mr. McKeon (for himself, Mr. Goodling, Mr. Clay, and Mr. Martinez) 
 introduced the following bill; which was referred to the Committee on 
                      Education and the Workforce

                             June 12, 2000

                     Additional sponsor: Mr. Souder

                             June 12, 2000

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]
[For text of introduced bill, see copy of bill as introduced on May 19, 
                                 2000]

_______________________________________________________________________

                                 A BILL


 
   To make technical amendments to the Higher Education Act of 1965.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; REFERENCE; EFFECTIVE DATE.

    (a) Short Title.--This Act may be cited as the ``Higher Education 
Technical Amendments of 2000''.
    (b) Reference.--Except as otherwise expressly 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.).
    (c) Effective Date.--Except as otherwise provided in this Act, the 
amendments made by this Act shall take effect as if enacted as part of 
the Higher Education Amendments of 1998 (Public Law 105-244).

SEC. 2. TECHNICAL AMENDMENTS.

    (a) Amendments to Title I.--
            (1) Section 101(a)(1) (20 U.S.C. 1001(a)(1)) is amended by 
        inserting before the semicolon at the end the following: ``, or 
        students who meet the requirements of section 484(d)(3)''.
            (2) Section 102(a)(2)(A) (20 U.S.C. 1002(a)(2)(A)) is 
        amended to read as follows:
                    ``(A) In general.--For the purpose of qualifying as 
                an institution under paragraph (1)(C), the Secretary 
                shall establish criteria by regulation for the approval 
                of institutions 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.''.
            (3) Section 102(a)(3)(A) (20 U.S.C. 1002(a)(3)(A)) is 
        amended by striking ``section 521(4)(C) of the Carl Perkins 
        Vocational and Applied Technology Education Act'' and inserting 
        ``section 3(3)(C) of the Carl D. Perkins Vocational and 
        Technical Education Act of 1998''.
            (4) Section 103(7) (20 U.S.C. 1003(7)) is amended to read 
        as follows:
            ``(7) New borrower.--The term `new borrower' when used with 
        respect to any date for any loan under any provision of--
                    ``(A) part B or part D of title IV means an 
                individual who on that date has no outstanding balance 
                of principal or interest owing on any loan made, 
                insured, or guaranteed under either such part; and
                    ``(B) part E of title IV means an individual who on 
                that date has no outstanding balance of principal or 
                interest owing on any loan made under such part.''.
            (5) Section 131(a)(3)(A)(iii) (20 U.S.C. 
        1015(a)(3)(A)(iii)) is amended--
                    (A) by striking ``an undergraduate'' and inserting 
                ``a full-time undergraduate''; and
                    (B) in subclause (I), by striking ``section 
                428(a)(2)(C)(i)'' and inserting ``section 
                428(a)(2)(C)(ii)''.
            (6) Section 131(b) is amended by striking ``the costs for 
        typical'' and inserting ``the prices for, and financial aid 
        provided to, typical''.
            (7) Section 131(c)(2)(B) is amended by striking ``costs'' 
        and inserting ``prices''.
            (8) Section 131(d)(1) is amended by striking ``3 years'' 
        and inserting ``4 years''.
            (9) Section 141 (20 U.S.C. 1018) is amended--
                    (A) in subsection (a)(2)(B), by inserting ``total 
                and unit'' after ``to reduce the'';
                    (B) in subsection (c)--
                            (i) in paragraph (1)(A), by striking ``Each 
                        year'' and inserting ``Each fiscal year'';
                            (ii) in paragraph (1)(B), by inserting 
                        ``guaranty agencies,'' after ``lenders,''; and
                            (iii) in paragraph (2)--
                                    (I) in subparagraph (A), by 
                                striking ``expenditures'' and inserting 
                                ``administrative expenditures for the 
                                most recent fiscal year''; and
                                    (II) in subparagraph (B), by 
                                striking ``Chief Financial Officer Act 
                                of 1990 and'' and inserting ``Chief 
                                Financial Officers Act of 1990,'' and 
                                by inserting before the period at the 
                                end the following: ``, and other 
                                relevant legislation'';
                    (C) in subsection (f)(3)(A), by striking 
                ``paragraph (1)(A)'' and inserting ``paragraph (1)''; 
                and
                    (D) in subsection (g)(3), by adding at the end the 
                following new sentence: ``The names and compensation 
                for those individuals shall be included in the annual 
                report under subsection (c)(2).''.
    (b) Amendments to Title III.--
            (1) Subsection (g) of section 324 (20 U.S.C. 1063(g)) is 
        amended to read as follows:
    ``(g) Special Rule for Certain District of Columbia Eligible 
Institutions.--
            ``(1) Howard university.--In any fiscal year that the 
        Secretary determines that Howard University will receive an 
        allotment under subsections (b) and (c) which is not in excess 
        of amounts received for such fiscal year by Howard University 
        under the Act of March 2, 1867 (14 Stat. 438; 20 U.S.C. 123), 
        relating to the annual appropriations for Howard University, 
        then Howard University shall be ineligible to receive an 
        allotment under this section.
            ``(2) University of the district of columbia.--In any 
        fiscal year, the University of the District of Columbia may 
        receive financial assistance under this part, or under section 
        4(c) of the District of Columbia College Access Act of 1999 
        (P.L. 106-98), but not under both this part and such 
        section.''.
            (2) Section 326(e)(1) (20 U.S.C. 1063b(e)(1)) is amended, 
        in the matter preceding subparagraph (A), by inserting a colon 
        after ``the following''.
            (3) Section 342(5)(C) (20 U.S.C. 1066a(5)(C)) is amended--
                    (A) by inserting a comma after ``equipment'' the 
                first place it appears; and
                    (B) by striking ``technology,,'' and inserting 
                ``technology,''.
            (4) Section 343(e) (20 U.S.C. 1066b(e)) is amended by 
        inserting after the subsection designation the following: 
        ``Sale of Qualified 
        Bonds.--''.
            (5) Section 1024 (20 U.S.C. 1135b-3), as transferred by 
        section 301(a)(5) of the Higher Education Amendments of 1998 
        (Public Law 105-244; 112 Stat. 636), is repealed.
    (c) Amendments to Part A of Title IV.--
            (1) Section 402D (20 U.S.C. 1070a-14) is amended--
                    (A) by redesignating subsection (c) as subsection 
                (d); and
                    (B) by inserting after subsection (b) the following 
                new subsection:
    ``(c) Special Rule.--
            ``(1) Use for student aid.--A recipient of a grant that 
        undertakes any of the permissible services identified in 
        subsection (b) may, in addition, use such funds to provide 
        grant aid to students if the recipient demonstrates in its 
        application, to the satisfaction of the Secretary, that the 
        size of the grants the recipient will provide to students is 
        appropriate and likely to have a significant impact on 
        retention at that institution. In making grants to students 
        under this subsection, an institution shall ensure that 
        adequate consultation takes place between the student support 
        service program office and the institution's financial aid 
        office.
            ``(2) Eligible students.--For purposes of receiving grant 
        aid under this subsection, eligible students shall be current 
        participants in the student support services program offered by 
        the institution and be--
                    ``(A) students who are in their first 2 years of 
                postsecondary education and who are receiving Federal 
                Pell Grants under subpart 1; or
                    ``(B) students who have completed their first 2 
                years of postsecondary education and who are receiving 
                Federal Pell Grants under subpart 1 if the institution 
                demonstrates to the satisfaction of the Secretary 
                that--
                            ``(i) these students are at high risk of 
                        dropping out; and
                            ``(ii) it will first meet the needs of all 
                        its eligible first- and second-year students 
                        for services under this paragraph.
            ``(3) Determination of need.--A grant provided to a student 
        under paragraph (1) shall not be considered in determining that 
        student's need for grant or work assistance under this title, 
        except that in no case shall the total amount of student 
        financial assistance awarded to a student under this title 
        exceed that student's cost of attendance, as defined in section 
        472.
            ``(4) Matching required.--A recipient of a grant who uses 
        such funds for the purpose described in paragraph (1) shall 
        match the funds used for such purpose, in cash, from non-
        Federal funds, in an amount that is not less than 33 percent of 
        the total amount of funds used for that purpose. This paragraph 
        shall not apply to any grant recipient that is an institution 
        of higher education eligible to receive funds under part A or B 
        of title III or title V.
            ``(5) Reservation.--For any fiscal year after the date of 
        enactment of the Higher Education Technical Amendments of 2000, 
        the Secretary may reserve not more than 20 percent of the funds 
        available under this section for grant aid in accordance with 
        this subsection.''.
            (2)(A) Section 404A(b) (20 U.S.C. 1070a-21(b)) is amended 
        by adding at the end thereof the following new paragraph:
            ``(3) Duration.--An award made by the Secretary under this 
        chapter to an eligible entity described in paragraph (1) or (2) 
        of subsection (c) shall be for a period of 6 years.''.
            (B) The amendment made by subparagraph (A) shall be 
        effective for awards made for fiscal year 2000 and succeeding 
        fiscal years, except that the Secretary shall permit recipients 
        of 5-year grants made for fiscal year 1999 to amend their 
        applications to include a 6-year project period.
            (3) Section 415A(a)(2) (20 U.S.C. 1070c(a)(2)) is amended 
        by striking ``section 415F'' and inserting ``section 415E''.
            (4) Section 415E(c) (20 U.S.C. 1070c-3a(c)) is amended to 
        read as follows:
    ``(c) Authorized Activities.--Each State receiving a grant under 
this section may use the grant funds for--
            ``(1) making awards that--
                    ``(A) supplement grants received under section 415A 
                by eligible students who demonstrate financial need; or
                    ``(B) provide grants under section 415A to 
                additional eligible students who demonstrate financial 
                need;
            ``(2) providing scholarships for eligible students--
                    ``(A) who demonstrate financial need; and
                    ``(B) who--
                            ``(i) desire to enter a program of study 
                        leading to a career in--
                                    ``(I) information technology;
                                    ``(II) mathematics, computer 
                                science, or engineering; or
                                    ``(III) another field determined by 
                                the State to be critical to the State's 
                                workforce needs; or
                            ``(ii) demonstrate merit or academic 
                        achievement and desire; and
            ``(3) making awards that--
                    ``(A) supplement community service work-study 
                awards received under section 415A by eligible students 
                who demonstrate financial need; or
                    ``(B) provide community service work-study awards 
                under section 415A to additional eligible students who 
                demonstrate financial need.''.
            (5) Section 415E (20 U.S.C. 1070c-3a) is amended by adding 
        at the end the following:
    ``(f) Special Rule.--Notwithstanding subsection (d), for purposes 
of determining a State's share of the cost of the authorized activities 
described in subsection (c)--
            ``(1) in the case of a State that participates in the 
        program authorized under this section in fiscal year 2000--
                    ``(A) if such State participates in the program in 
                fiscal year 2001, for that year the State shall 
                consider only those expenditures from non-Federal 
                sources that exceed its expenditures for activities 
                authorized under this subpart for fiscal year 1999; or
                    ``(B) if such State does not participate in the 
                program in fiscal year 2001, but participates in the 
                program in a succeeding fiscal year, for the first 
                fiscal year after fiscal year 2001 in which the State 
                participates in the program, the State shall consider 
                only those expenditures from non-Federal sources that 
                exceed its expenditures for activities authorized under 
                this subpart for the preceding fiscal year, or fiscal 
                year 1999, whichever is greater; and
            ``(2) in the case of a State that participates in the 
        program authorized under this section for the first time after 
        fiscal year 2000, for the first fiscal year in which the State 
        participates in the program, the State shall consider only 
        those expenditures from non-Federal sources that exceed its 
        expenditures for activities authorized under this subpart for 
        the preceding fiscal year.
    ``(g) Use of Funds for Administrative Costs Prohibited.--A State 
receiving a grant under this section shall not use any of the grant 
funds to pay administrative costs associated with any of the authorized 
activities described in subsection (c).''.
            (6) Section 419C(b)(1) (20 U.S.C. 1070d-33(b)(1)) is 
        amended by inserting ``and'' after the semicolon at the end 
        thereof.
            (7) Section 419D(d) (20 U.S.C. 1070d-34(d)) is amended by 
        striking ``Public Law 95-1134'' and inserting ``Public Law 95-
        134''.
    (d) Amendments to Part B of Title IV.--
            (1) Section 425(a)(1)(A)(i)(II) (20 U.S.C. 
        1075(a)(1)(A)(i)(II)) is amended to read as follows:
                            ``(II) if such student is enrolled in a 
                        program of undergraduate education that is less 
                        than 1 academic year, the maximum annual loan 
                        amount that such student may receive may not 
                        exceed the lesser of--
                                    ``(aa) the amount that bears the 
                                same ratio to the amount specified in 
                                subclause (I) as the length of such 
                                program measured in semester, 
                                trimester, quarter, or clock hours 
                                bears to 1 academic year; or
                                    ``(bb) the amount that bears the 
                                same ratio to the amount specified in 
                                subclause (I) as the length of such 
                                program measured in weeks of 
                                instruction bears to 1 academic 
                                year;''.
            (2) Section 428(a)(2)(A) (20 U.S.C. 1078(a)(2)(A)(i)) is 
        amended--
                    (A) by striking ``and'' at the end of subclause 
                (II) of clause (i); and
                    (B) by moving the margin of clause (iii) two ems to 
                the left.
            (3) Section 428(b)(1) is amended--
                    (A) in subparagraph (A)(i), by striking subclause 
                (II) and inserting the following:
                                    ``(II) if such student is enrolled 
                                in a program of undergraduate education 
                                that is less than 1 academic year, the 
                                maximum annual loan amount that such 
                                student may receive may not 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 1 academic year; 
                                        or
                                            ``(bb) the amount that 
                                        bears the same ratio to the 
                                        amount specified in subclause 
                                        (I) as the length of such 
                                        program measured in weeks of 
                                        instruction bears to 1 academic 
                                        year;''; and
                    (B) in subparagraph (Y)(i), by striking 
                ``subparagraph (M)(i)'' and inserting ``subparagraph 
                (M)(i)(I)''.
            (4) Section 428(c)(3)(B) (20 U.S.C. 1078(c)(3)(B)) is 
        amended by inserting before the semicolon at the end the 
        following: ``and recorded in the borrower's file, except that 
        such regulations shall not require such agreements to be in 
        writing''.
            (5) Section 428C(a)(3)(B) (20 U.S.C. 1078-3(a)(3)(B)) is 
        amended by adding at the end the 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 section 425(a)(2), 428(b)(1)(B), 428H(d), 455, and 
        464(a)(2)(B).''.
            (6) Section 428H(d)(2)(A)(ii) (20 U.S.C. 1078-
        8(d)(2)(A)(ii)) is amended to read as follows:
                            ``(ii) if such student is enrolled in a 
                        program of undergraduate education that is less 
                        than 1 academic year, the maximum annual loan 
                        amount that such student may receive may not 
                        exceed the lesser of--
                                    ``(I) the amount that bears the 
                                same ratio to the amount specified in 
                                clause (i) as the length of such 
                                program measured in semester, 
                                trimester, quarter, or clock hours 
                                bears to 1 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 1 academic 
                                year;''.
            (7) Section 428H(e) is amended--
                    (A) by striking paragraph (6); and
                    (B) by redesignating paragraph (7) as paragraph 
                (6).
            (8) Section 432(m)(1) (20 U.S.C. 1082(m)(1)) is amended--
                    (A) in subparagraph (B)--
                            (i) in clause (i), by inserting ``and'' 
                        after the semicolon at the end; and
                            (ii) in clause (ii), by striking ``; and'' 
                        and inserting a period;
                    (B) by striking clause (iv) of subparagraph (D); 
                and
                    (C) by adding at the end the following new 
                subparagraph:
                    ``(E) Perfection of security interests in student 
                loans.--
                            ``(i) In general.--Notwithstanding the 
                        provisions of any State law to the contrary, 
                        including the Uniform Commercial Code as in 
                        effect in any State, a security interest in 
                        loans made under this part, on behalf of any 
                        eligible lender (as defined in section 435(d)) 
                        shall attach, be perfected, and be assigned 
                        priority in the manner provided by the 
                        applicable State's law for perfection of 
                        security interests in accounts, as such law may 
                        be amended from time to time (including 
                        applicable transition provisions). If any such 
                        State's law provides for a statutory lien to be 
                        created in such loans, such statutory lien may 
                        be created by the entity or entities governed 
                        by such State law in accordance with the 
                        applicable statutory provisions that created 
                        such a statutory lien.
                            ``(ii) Collateral description.--In addition 
                        to any other method for describing collateral 
                        in a legally sufficient manner permitted under 
                        the laws of the State, the description of 
                        collateral in any financing statement filed 
                        pursuant to this section shall be deemed 
                        legally sufficient if it lists such loans, or 
                        refers to records (identifying such loans) 
                        retained by the secured party or any designee 
                        of the secured party identified in such 
                        financing statement, including the debtor or 
                        any loan servicer.
                            ``(iii) Sales.--Notwithstanding clauses (i) 
                        and (ii) and any provisions of any State law to 
                        the contrary, other than any such State's law 
                        providing for creation of a statutory lien, an 
                        outright sale of loans made under this part 
                        shall be effective and perfected automatically 
                        upon attachment as defined in the Uniform 
                        Commercial Code of such State.''.
            (9) Section 435(a)(5) (20 U.S.C. 1085(a)(5)) is amended--
                    (A) in subparagraph (A)(i), by striking ``July 1, 
                2002,'' and inserting ``July 1, 2004,''; and
                    (B) in subparagraph (B), by striking ``1999, 2000, 
                and 2001'' and inserting ``1999 through 2003''.
            (10) Subparagraphs (A) and (F) of section 438(b)(2) (20 
        U.S.C. 1087-1(b)(2)) are each amended by striking the last 
        sentence.
            (11) Section 439(d) (20 U.S.C. 1087-2(d)) is amended by 
        striking paragraph (3).
    (e) Amendment to Part C of Title IV.--Section 443(b)(2)(B) (42 
U.S.C. 2753(b)(2)(B)) is amended by inserting ``(including a reasonable 
amount of time spent in travel or training directly related to such 
community service)'' after ``community service''.
    (f) Amendment to Part D of Title IV.--Paragraph (6) of section 
455(b) (20 U.S.C. 1087e(b)), as redesignated by section 8301(c)(1) of 
the Transportation Equity for the 21st Century Act (112 Stat. 498) is 
redesignated as paragraph (8), and is moved to follow paragraph (7) as 
added by 452(b) of the Higher Education Amendments of 1998 (112 Stat. 
1716).
    (g) Amendments to Part E of Title IV.--
            (1) Section 462(g)(1)(E)(i)(I) (20 U.S.C. 
        1087bb(g)(1)(E)(i)(I)) is amended by inserting ``monthly'' 
        after ``consecutive''.
            (2) Section 464(c)(1)(D) (20 U.S.C. 1087dd(c)(1)(D)) is 
        amended by redesignating subclauses (I) and (II) as clauses (i) 
        and (ii), respectively.
            (3) Section 464(c)(2)(A)(iv) is amended by inserting before 
        the semicolon at the end the following: ``, except that 
        interest shall continue to accrue on such loans and such 
        interest shall be eligible for cancellation under section 
        465''.
            (4) Section 464(h) is amended--
                    (A) in paragraph (1)(A)--
                            (i) by inserting ``, and the loan default 
                        has not been reduced to a judgment against the 
                        borrower,'' after ``defaulted on the loan''; 
                        and
                            (ii) by inserting after ``held by the 
                        Secretary,'' the following: ``or if the 
                        borrower of a loan under this part who has 
                        defaulted on the loan elects to make a single 
                        payment equal to the full amount of principal 
                        and interest and collection costs owed on the 
                        loan,''; and
                    (B) by adding at the end the following new 
                paragraph:
            ``(3) Special rule.--At the discretion of the institution 
        or the Secretary, for the purpose of receiving the benefits of 
        this subsection, a loan that is in default and reduced to 
        judgment may be considered rehabilitated if--
                    ``(A) the borrower makes 12 on-time, consecutive, 
                monthly payments of amounts owed on the loan, as 
                determined by the institution, or by the Secretary in 
                the case of a loan held by the Secretary; or
                    ``(B) the borrower makes a single payment equal to 
                the full amount of principal and interest and 
                collection costs owed on the loan.''.
            (5)(A) Section 465(a)(2) (20 U.S.C. 1087ee(a)(2)) is 
        amended--
                    (i) in subparagraph (A), by striking ``section 
                111(c)'' and inserting ``section 1113(a)(5)'';
                    (ii) in subparagraph (C), by striking ``With 
                Disabilities'' and inserting ``with Disabilities''; and
                    (iii) in subparagraph (F), by inserting before the 
                semicolon at the end the following: ``, including full-
                time prosecutors and public defenders earning $30,000 
                or less in adjusted gross income''.
            (B) The amendment made by subparagraph (A)(iii) shall be 
        effective on the date of enactment of this Act, except that 
        such amendment shall not prevent any borrower who, prior to the 
        date of enactment of this Act, was receiving cancellation of 
        indebtedness under section 465(a)(2)(F) of the Higher Education 
        Act of 1965 from continuing to receive such cancellation.
            (6) Section 467(b) (20 U.S.C. 1087gg(b)) is amended by 
        striking ``(5)(A), (5)(B)(i), or (6)'' and inserting ``(4)(A), 
        (4)(B), or (5)''.
            (7) Section 469(c) (20 U.S.C. 1087ii(c)) is amended--
                    (A) by striking ``sections 602(a)(1) and 672(1)'' 
                and inserting ``sections 602(3) and 632(5)'';
                    (B) by striking ``qualified professional provider 
                of early intervention services'' and inserting ``early 
                intervention services''; and
                    (C) by striking ``section 672(2)'' and inserting 
                ``section 632(4)''.
    (h) Amendments to Part F of Title IV.--
            (1) Section 471 (20 U.S.C. 1087kk) is amended by striking 
        ``subparts 1 or 2'' and inserting ``subpart 1, 2, or 4''.
            (2) Section 478 (20 U.S.C. 1087rr) is amended--
                    (A) in subsection (b)(1)--
                            (i) by striking ``academic year 1993-1994'' 
                        and inserting ``academic year 2000-2001''; and
                            (ii) by striking ``December 1992'' and 
                        inserting ``December 1999''; and
                    (B) in subsection (h)--
                            (i) by striking ``476(b)(4)(B),''; and
                            (ii) by striking ``meals away from home, 
                        apparel and upkeep, transportation, and 
                        housekeeping services'' and inserting ``food 
                        away from home, apparel, transportation, and 
                        household furnishings and operations''.
            (3)(A) Section 479A(a) (20 U.S.C. 1087tt(a)) is amended by 
        inserting ``a student's status as a ward of the court at any 
        time prior to attaining 18 years of age,'' after ``487,''.
            (B) The amendment made by subparagraph (A) shall be 
        effective for academic years beginning on or after July 1, 
        2001.
    (i) Amendments to Parts G and H of Title IV.--
            (1) Section 482(a) (20 U.S.C. 1089(a)) is amended by adding 
        at the end the following new paragraph:
            ``(5) The Secretary shall provide a period for public 
        comment of not less than 45 days after publication of any 
        notice of proposed rulemaking published after the date of the 
        enactment of the Higher Education Technical Amendments of 2000 
        affecting programs under this title.''.
            (2) Section 483(d) (20 U.S.C. 1090(d)) is amended by 
        striking ``that is authorized under section 685(d)(2)(C)'' and 
        inserting ``, or other appropriate provider of technical 
        assistance and information on postsecondary educational 
        services, that is supported under section 685''.
            (3) Section 484 (20 U.S.C. 1091) is amended--
                    (A) in subsection (a)(4), by striking 
                ``certification,,'' and inserting ``certification,'';
                    (B) in subsection (b)(2)--
                            (i) in the matter preceding subparagraph 
                        (A), by striking ``section 428A'' and inserting 
                        ``section 428H'';
                            (ii) in subparagraph (A), by inserting 
                        ``and'' after the semicolon at the end thereof;
                            (iii) in subparagraph (B), by striking ``; 
                        and'' and inserting a period; and
                            (iv) by striking subparagraph (C);
                    (C) in subsection (d)(3), by inserting ``certifies 
                that he or she'' after ``The student''; and
                    (D) in subsection (l)(1)(B)(i), by striking 
                ``section 521(4)(C) of the Carl D. Perkins Vocational 
                and Applied Technology Education Act'' and inserting 
                ``section 3(3)(C) of the Carl D. Perkins Vocational and 
                Technical Education Act of 1998''.
            (4)(A) Section 484(r)(1) is amended by inserting after 
        ``controlled substance'' the following: ``during any period of 
        enrollment for which the student was receiving assistance under 
        this title''.
            (B) Section 484(r) is further amended--
                    (i) by redesignating paragraph (3) as paragraph 
                (5); and
                    (ii) by inserting after paragraph (2) the following 
                new paragraphs:
            ``(3) Consequences of failure to answer.--Any student who 
        fails to answer a question of the common financial aid form 
        developed under section 483 that relates to eligibility or 
        ineligibility under this subsection shall be treated as 
        ineligible until such question is answered.
            ``(4) Notice.--The Secretary shall require each institution 
        of higher education to provide each student upon enrollment 
        with a separate, clear, and conspicuous written notice that 
        advises students of the penalties contained in this 
        subsection.''.
            (C) The amendments made by this paragraph shall be 
        effective for academic years beginning on or after July 1, 
        2001.
            (5)(A) Section 484B (20 U.S.C. 1091b) is amended--
                    (i) in subsection (a)(1), by inserting ``subpart 4 
                of part A or'' after ``received under'';
                    (ii) in subsection (a)(3)(B)(ii) by inserting ``(as 
                determined in accordance with subsection (d))'' after 
                ``student has completed''; and
                    (iii) in subsection (b)(2)--
                            (I) in subparagraph (B)(ii), by striking 
                        ``subject to--'' through to the end of such 
                        subparagraph and inserting ``subject to the 
                        procedures described in subparagraph 
                        (C)(ii).''; and
                            (II) by amending subparagraph (C) to read 
                        as follows:
                    ``(C) Grant overpayment requirements.--(i) 
                Notwithstanding subparagraphs (A) and (B), but subject 
                to clause (ii), a student shall not be required to 
                return 50 percent of the total grant assistance 
                received by a student under this title for a payment 
                period or period of enrollment. A student shall not be 
                required to return amounts of less than $50.
                    ``(ii) Subject to clause (iii), a student shall be 
                permitted to repay any grant overpayment determined 
                under this section under terms that permit the student 
                to maintain his or her eligibility for further 
                assistance under this title, including a period during 
                which no payment is due from the student--
                            ``(I) for 6 months, beginning on the day 
                        the student withdrew; and
                            ``(II) while the student is pursuing at 
                        least a half-time course of study, as 
                        determined by the institution.
                    ``(iii) Clause (ii) shall not apply to a student 
                who is in default on any repayment obligations under 
                this title, or who has not made satisfactory repayment 
                arrangements with respect to such obligations.''.
            (B) The amendments made by subparagraph (A) shall be 
        effective for the academic year beginning July 1, 2001, except 
        that, in the case of an institution of higher education that 
        chooses to implement such amendments prior to that date, such 
        amendments shall be effective on the date of such institution's 
        implementation.
            (6) Section 485(a)(1) (20 U.S.C. 1092(a)(1)) is amended by 
        striking ``mailings, and'' and inserting ``mailings, or''.
            (7)(A) Section 485(f)(1) (20 U.S.C. 1092(f)(1)) is amended 
        by adding at the end the following new subparagraphs:
            ``(I) A statement of policy concerning the handling of 
        reports on missing students, including--
                    ``(i) the policy with respect to notification of 
                parents, guardians, and local police agencies and 
                timing of such notification; and
                    ``(ii) the institution's policy for investigating 
                reports on missing students and for cooperating with 
                local police agencies in the investigation of a report 
                of a missing student.
            ``(J) A statement of policy regarding the availability of 
        information, provided by the State to the institution pursuant 
        to section 170101 of the Violent Crime Control and Law 
        Enforcement Act of 1994 (42 U.S.C. 14071), regarding sexually 
        violent predators required to register under such section. Such 
        statement shall include, at a minimum, the following:
                    ``(i) An assurance that the institution shall make 
                available to the campus community, through its law 
                enforcement unit or other office, all such information 
                concerning any person enrolled or employed at the 
                institution.
                    ``(ii) The means by which students and employees 
                obtain access to such information.
                    ``(iii) The frequency at which such information is 
                updated.
                    ``(iv) The type of information to be made 
                available.
            ``(K) A description of campus fire safety practices and 
        standards, including--
                    ``(i) information with respect to each campus 
                residence hall and whether or not such hall is equipped 
                with a fire sprinkler system or other fire safety 
                system;
                    ``(ii) statistics concerning the occurrence on 
                campus of fires and false alarms in residence halls, 
                including information on deaths, injuries, and 
                structural damage caused by such occurrences, if any, 
                during the 2 preceding calendar years for which such 
                data are available; and
                    ``(iii) information regarding fire alarms, smoke 
                alarms, fire escape planning or protocols (as defined 
in local fire codes), rules on portable electrical appliances, smoking 
and open flames, regular mandatory supervised fire drills, and any 
planned improvements in fire safety.''.
            (B) The amendment made by this paragraph shall be effective 
        for academic years beginning on or after July 1, 2001.
            (8) Section 485(f) is further amended--
                    (A) in paragraph (3), by inserting after the first 
                sentence the following: ``In addition, each such 
                institution shall make periodic reports to the campus 
                community regarding fires and false fire alarms that 
                are reported to a local fire department.'';
                    (B) in paragraph (5)--
                            (i) by striking ``paragraph (1)(F)'' and 
                        inserting ``subparagraphs (F) and (J) of 
                        paragraph (1)'';
                            (ii) by striking ``and'' at the end of 
                        subparagraph (B);
                            (iii) in subparagraph (C), by striking 
                        ``education, identify'' and all that follows 
                        through the end and inserting the following: 
                        ``education, identify--
                    ``(i) exemplary campus security policies, 
                procedures, and practices and disseminate information 
                concerning those policies, procedures, and practices 
                that have proven effective in the reduction of campus 
                crime; and
                    ``(ii) fire safety policies, procedures, and 
                practices and disseminate information concerning those 
                policies procedures and practices that have proven 
                effective in the reduction of fires on campus; and''; 
                and
                            (iv) by adding at the end the following:
            ``(D) not later than July 1, 2002, prepare and submit a 
        report to Congress containing--
                    ``(i) an analysis of the current status of fire 
                safety systems in college and university facilities, 
                including sprinkler systems;
                    ``(ii) an analysis of the appropriate fire safety 
                standards to apply to these facilities, which the 
                Secretary shall prepare after consultation with such 
                fire safety experts, representatives of institutions of 
                higher education, and Federal agencies as the 
                Secretary, in the Secretary's discretion, considers 
                appropriate;
                    ``(iii) an estimate of the cost of bringing all 
                nonconforming residence halls and other campus 
                buildings into compliance with appropriate building 
                codes; and
                    ``(iv) recommendations concerning the best means of 
                meeting fire safety standards in all college 
                facilities, including recommendations for methods of 
                funding such costs.''.
            (9) Section 485 is further amended by adding at the end the 
        following new subsection:
    ``(h) New or Revised Requirements.--For any new requirement for 
institutional disclosure or reporting under this Act enacted after 
April 1, 2000, the period for which data must be collected shall begin 
no sooner than 180 days after the publication of final regulations or 
guidance. The final regulations or guidance shall include any required 
data elements or method of collection (or both). The Secretary shall 
take reasonable and appropriate steps to ensure that institutions have 
adequate time to collect and prepare the required data before public 
disclosure or submission to the Secretary.''.
            (10) Section 485B(a) (20 U.S.C. 1092b(a)) is amended--
                    (A) by redesignating the paragraphs following 
                paragraph (5) (as added by section 2008 of Public Law 
                101-239) as paragraphs (6) through (11), respectively; 
                and
                    (B) in such paragraph (5)--
                            (i) by striking ``(22 U.S.C. 2501 et 
                        seq.)),'' and inserting ``(22 U.S.C. 2501 et 
                        seq.),''; and
                            (ii) by striking the period at the end 
                        thereof and inserting a semicolon.
            (11) Section 487(a)(22) (20 U.S.C. 1094(a)(22)) is amended 
        by striking ``refund policy'' and inserting ``refund of title 
        IV funds policy''.
            (12) Section 491(c) (20 U.S.C. 1098(c)) is amended by 
        adding at the end the following new paragraph:
    ``(3) The appointment of members under subparagraphs (A) and (B) of 
paragraph (1) shall be effective upon publication of the appointment in 
the Congressional Record.''.
            (13) Section 498 (20 U.S.C. 1099c) is amended--
                    (A) in subsection (b)(5), by striking 
                ``institution,'' and inserting ``institution (but 
                subject to the requirements of section 484(b)),'';
                    (B) in subsection (c)(2), by striking ``for 
                profit,'' and inserting ``for-profit,''; and
                    (C) in subsection (d)(1)(B), by inserting ``and'' 
                at the end thereof.
    (j) Amendments to Title V.--
            (1) Section 504(a) (20 U.S.C. 1101c(a)) is amended--
                    (A) by striking ``(1) In general.--''; and
                    (B) by striking paragraph (2).
            (2) The amendments made by this subsection shall be 
        effective on the date of enactment of this Act.
    (k) Amendment to Title VI.--Section 604(c) (20 U.S.C. 1124(c)) is 
amended by striking ``this part'' and inserting ``this title''.
    (l) Amendments to Title VII.--
            (1) Section 701(a) (20 U.S.C. 1134(a)) is amended by 
        striking the third sentence and inserting the following: 
        ``Funds appropriated for a fiscal year shall be obligated and 
        expended for fellowships under this subpart for use in the 
        academic year beginning after July 1 of such fiscal year.''.
            (2) Section 714(c) (20 U.S.C. 1135c(c)) is amended--
                    (A) by striking ``section 716(a)'' and inserting 
                ``section 715(a)''; and
                    (B) by striking ``section 714(b)(2)'' and inserting 
                ``section 713(b)(2)''.
    (m) Amendment to Title VIII.--Section 857(a) of the Higher 
Education Amendments of 1998 (112 Stat. 1824) is amended by striking 
``1999'' and inserting ``2001''.
                                                 Union Calendar No. 371

106th CONGRESS

  2d Session

                               H. R. 4504

                          [Report No. 106-665]

_______________________________________________________________________

                                 A BILL

   To make technical amendments to the Higher Education Act of 1965.

_______________________________________________________________________

                             June 12, 2000

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed