Public Law 105–244 105th Congress An Act
PUBLIC LAW 105–244—OCT. 7, 1998112 STAT. 1581Public Law 105–244105th CongressAn ActTo 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 ofthe United States of America in Congress assembled,SECTION 1. SHORT TITLE; TABLE OF CONTENTS.(a) SHORT TITLE.—This Act may be cited as the ‘‘HigherEducation 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.TITLE I—GENERAL PROVISIONSSec. 101. Revision of title I.Sec. 102. Conforming amendments.TITLE II—TEACHER QUALITYSec. 201. Teacher quality enhancement .304.305.306.307.308.TITLE III—INSTITUTIONAL AIDTransfers and redesignations.Findings.Strengthening institutions.Strengthening HBCU’s.Endowment challenge grants.HBCU capital financing.Minority science and engineering improvement program.General provisions.TITLE IV—STUDENT ASSISTANCEPART A—GRANTS TO STUDENTSFederal Pell Grants.Federal TRIO programs.Gear up program.Academic achievement incentive scholarships.Repeals.Federal supplemental educational opportunity grants.Leveraging educational assistance partnership program.Special programs for students whose families are engaged in migrant andseasonal farmwork.Sec. 409. Robert C. Byrd Honors Scholarship Program.Sec. 410. Child care access means parents in school.Sec. 410A. Learning anytime anywhere .413.414.PART B—FEDERAL FAMILY EDUCATION LOAN PROGRAMLimitation repealed.Advances to reserve funds.Guaranty agency reforms.Scope and duration of Federal loan insurance program.Oct. 7, 1998[H.R. 6]Higher EducationAmendments of1998.Grants.Intergovernmentalrelations.Loans.20 USC 1001note.
112 STAT. 1582PUBLIC LAW 105–244—OCT. 7, 1998Sec. 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.Sec.Sec.Sec.Sec.Sec.441.442.443.444.445.PART C—FEDERAL WORK-STUDY PROGRAMSAuthorization of appropriations; community services.Allocation of funds.Grants for Federal work-study programs.Flexible use of funds.Work 55.456.PART D—WILLIAM D. FORD FEDERAL DIRECT LOAN PROGRAMSelection of institutions.Terms and conditions.Contracts.Funds for administrative expenses.Authority to sell loans.Loan cancellation for 64.465.466.467.PART E—FEDERAL PERKINS LOANSAuthorization of appropriations.Allocation of funds.Agreements with institutions of higher education.Terms of loans.Cancellation for public service.Distribution of assets from student loan funds.Perkins Loan Revolving ec.Sec.Sec.PART F—NEED ANALYSISCost of attendance.Data elements.Family contribution for dependent students.Family contribution for independent students without dependents otherthan a spouse.475. Family contribution for independent students with dependents other thana spouse.476. Regulations; updated tables and amounts.477. Simplified needs test; zero expected family contribution.478. Discretion of student financial aid administrators.479. Treatment of other financial assistance.480. Clerical amendments.480A. Effective 484.485.486.487.488.Sec.PART G—GENERAL PROVISIONSMaster calendar.Forms and regulations.Student eligibility.State court judgments.Institutional refunds.Institutional and financial assistance information for students.National student loan data system.Distance education demonstration programs.
PUBLIC LAW 105–244—OCT. 7, 1998112 STAT. 1583Sec.Sec.Sec.Sec.Sec.Sec.Sec.Sec.489. Program participation agreements.490. Regulatory relief and improvement.490A. Garnishment requirements.490B. Administrative subpoena authority.490C. Advisory Committee on Student Financial Assistance.490D. Meetings and negotiated rulemaking.490E. Year 2000 requirements at the Department of Education.490F. Procedures for cancellations and deferments for eligible disabled ART H—PROGRAM INTEGRITYState role and responsibilities.Accrediting agency recognition.Eligibility and certification procedures.Program review and data.Review of regulations.TITLE V—DEVELOPING INSTITUTIONSSec. 501. Establishment of new title V.Sec.Sec.Sec.Sec.601.602.603.604.TITLE VI—INTERNATIONAL EDUCATION PROGRAMSInternational and foreign language studies.Business and international education programs.Institute for International Public Policy.General provisions.TITLE VII—GRADUATE AND POSTSECONDARY IMPROVEMENT PROGRAMSSec. 701. Revision of title VII.Sec. 702. Repeals.TITLE VIII—STUDIES, REPORTS, AND RELATED PROGRAMSPART A—STUDIESSec. 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 fewstudent loan borrowers.PART B—ADVANCED PLACEMENT INCENTIVE PROGRAMSec. 810. Advanced placement incentive 5.816.PART C—COMMUNITY SCHOLARSHIP MOBILIZATIONShort title.Findings.Definitions.Purpose; endowment grant authority.Grant agreement and requirements.Authorization of appropriations.PART D—GRANTS TO STATES FOR WORKPLACE AND COMMUNITY TRANSITIONTRAINING FOR INCARCERATED YOUTH OFFENDERSSec. 821. Grants to States for workplace and community transition training for incarcerated youth offenders.PART E—GRANTS TO COMBAT VIOLENT CRIMES AGAINST WOMEN ON CAMPUSESSec. 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 ASIASec. 831. Improving United States understanding of science, engineering, and technology in East Asia.PART G—OLYMPIC SCHOLARSHIPSSec. 836. Extension of authorization.
112 STAT. 1584PUBLIC LAW 105–244—OCT. 7, 1998PART H—UNDERGROUND RAILROADSec. 841. Underground Railroad educational and cultural program.PART I—SUMMER TRAVEL AND WORK PROGRAMSSec. 846. Authority to administer summer travel and work 54.855.856.857.PART J—WEB-BASED EDUCATION COMMISSIONShort title; definitions.Establishment of Web-Based Education Commission.Duties of the Commission.Powers of the Commission.Commission personnel matters.Termination of the Commission.Authorization of appropriations.PART K—MISCELLANEOUSSec. 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.TITLE IX—AMENDMENTS TO OTHER LAWSPART A—EXTENSION AND REVISION OF INDIAN HIGHER EDUCATION PROGRAMSSec. 901. Tribally controlled colleges and universities.Sec. 902. Reauthorization of Navajo Community College 920.921.922.923.924.925.PART B—EDUCATION OF THE DEAFShort title.Elementary and secondary education programs.Agreement with Gallaudet University.Agreement for the National Technical Institute for the Deaf.Definitions.Gifts.Reports.Monitoring, evaluation, and reporting.Federal endowment programs.Scholarship program.Oversight and effect of agreements.International students.Research priorities.National Study on the Education of the Deaf.Authorization of appropriations.PART C—UNITED STATES INSTITUTE OF PEACESec. 931. Authorities of the United States Institute of Peace.PART D—VOLUNTARY RETIREMENT INCENTIVE PLANSSec. 941. Voluntary retirement incentive plans.PART E—GENERAL EDUCATION PROVISIONS ACT AMENDMENTSec. 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 EDUCATIONSec. 961. Liaison for proprietary institutions of higher education.PART G—AMENDMENTS TO OTHER STATUTESSec. 971. Nondischareability of certain claims for educational benefits provided toobtain higher education.Sec. 972. GNMA guarantee fee.PART H—REPEALSSec. 981. Repeals.Sec. 982. Repeals of previous higher education amendments provisions.SEC. 2. REFERENCES.Except as otherwise expressly provided, whenever in this Actan amendment or repeal is expressed in terms of an amendment
PUBLIC LAW 105–244—OCT. 7, 1998112 STAT. 1585to, or repeal of, a section or other provision, the reference shallbe considered to be made to a section or other provision of theHigher Education Act of 1965 (20 U.S.C. 1001 et seq.).SEC. 3. GENERAL EFFECTIVE DATE.Except as otherwise provided in this Act or the amendmentsmade by this Act, the amendments made by this Act shall takeeffect on October 1, 1998.20 USC 1001note.TITLE I—GENERAL PROVISIONSSEC. 101. REVISION OF TITLE I.(a) GENERAL PROVISIONS.—Title I (20 U.S.C. 1001 et seq.) isamended to read as follows:‘‘TITLE I—GENERAL PROVISIONS‘‘PART A—DEFINITIONS‘‘SEC. 101. GENERAL DEFINITION OF INSTITUTION OF HIGHER EDUCATION.‘‘(a) INSTITUTION OF HIGHER EDUCATION.—For purposes of thisAct, other than title IV, the term ‘institution of higher education’means an educational institution in any State that—‘‘(1) admits as regular students only persons having a certificate of graduation from a school providing secondary education, or the recognized equivalent of such a certificate;‘‘(2) is legally authorized within such State to provide aprogram of education beyond secondary education;‘‘(3) provides an educational program for which the institution awards a bachelor’s degree or provides not less than a2-year program that is acceptable for full credit toward sucha degree;‘‘(4) is a public or other nonprofit institution; and‘‘(5) is accredited by a nationally recognized accreditingagency or association, or if not so accredited, is an institutionthat has been granted preaccreditation status by such anagency or association that has been recognized by the Secretaryfor the granting of preaccreditation status, and the Secretaryhas determined that there is satisfactory assurance that theinstitution will meet the accreditation standards of such anagency or association within a reasonable time.‘‘(b) ADDITIONAL INSTITUTIONS INCLUDED.—For purposes of thisAct, other than title IV, the term ‘institution of higher education’also includes—‘‘(1) any school that provides not less than a 1-year programof training to prepare students for gainful employment in arecognized occupation and that meets the provision of paragraphs (1), (2), (4), and (5) of subsection (a); and‘‘(2) a public or nonprofit private educational institutionin any State that, in lieu of the requirement in subsection(a)(1), admits as regular students persons who are beyondthe age of compulsory school attendance in the State in whichthe institution is located.‘‘(c) LIST OF ACCREDITING AGENCIES.—For purposes of this section and section 102, the Secretary shall publish a list of nationally20 USC 1001.Publication.
112 STAT. 1586PUBLIC LAW 105–244—OCT. 7, 1998recognized accrediting agencies or associations that the Secretarydetermines, pursuant to subpart 2 of part H of title IV, to bereliable authority as to the quality of the education or trainingoffered.20 USC 1002.Regulations.Establishment.‘‘SEC. 102. DEFINITION OF INSTITUTION OF HIGHER EDUCATION FORPURPOSES OF TITLE IV PROGRAMS.‘‘(a) DEFINITION OF INSTITUTION OF HIGHER EDUCATION FORPURPOSES OF TITLE IV PROGRAMS.—‘‘(1) INCLUSION OF ADDITIONAL INSTITUTIONS.—Subject toparagraphs (2) through (4) of this subsection, the term ‘institution of higher education’ for purposes of title IV includes, inaddition to the institutions covered by the definition in section101—‘‘(A) a proprietary institution of higher education (asdefined in subsection (b) of this section);‘‘(B) a postsecondary vocational institution (as definedin subsection (c) of this section); and‘‘(C) only for the purposes of part B of title IV, aninstitution outside the United States that is comparableto an institution of higher education as defined in section101 and that has been approved by the Secretary for thepurpose of part B of title IV.‘‘(2) INSTITUTIONS OUTSIDE THE UNITED STATES.—‘‘(A) IN GENERAL.—For the purpose of qualifying asan institution under paragraph (1)(C), the Secretary shallestablish criteria by regulation for the approval of institutions outside the United States and for the determinationthat such institutions are comparable to an institutionof higher education as defined in section 101. In the caseof a graduate medical or veterinary school outside theUnited States, such criteria shall include a requirementthat a student attending such school outside the UnitedStates is ineligible for loans made, insured, or guaranteedunder part B unless—‘‘(i)(I) at least 60 percent of those enrolled in, andat least 60 percent of the graduates of, the graduatemedical 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 loanunder part B of title IV; and‘‘(II) at least 60 percent of the individuals whowere students or graduates of the graduate medicalschool outside the United States (both nationals ofthe United States and others) taking the examinationsadministered by the Educational Commission for Foreign Medical Graduates received a passing score inthe year preceding the year for which a student isseeking a loan under part B of title IV; or‘‘(ii) the institution has a clinical training programthat was approved by a State as of January 1, 1992,or the institution’s students complete their clinicaltraining at an approved veterinary school located inthe United States.‘‘(B) ADVISORY PANEL.—
PUBLIC LAW 105–244—OCT. 7, 1998112 STAT. 1587‘‘(i) IN GENERAL.—For the purpose of qualifyingas an institution under paragraph (1)(C) of this subsection, the Secretary shall establish an advisory panelof medical experts that shall—‘‘(I) evaluate the standards of accreditationapplied to applicant foreign medical schools; and‘‘(II) determine the comparability of thosestandards to standards for accreditation appliedto United States medical schools.‘‘(ii) SPECIAL RULE.—If the accreditation standardsdescribed in clause (i) are determined not to be comparable, the foreign medical school shall be requiredto meet the requirements of section 101.‘‘(C) FAILURE TO RELEASE INFORMATION.—The failureof an institution outside the United States to provide,release, or authorize release to the Secretary of suchinformation as may be required by subparagraph (A) shallrender such institution ineligible for the purpose of partB of title IV.‘‘(D) SPECIAL RULE.—If, pursuant to this paragraph,an institution loses eligibility to participate in the programsunder title IV, then a student enrolled at such institutionmay, notwithstanding such loss of eligibility, continue tobe eligible to receive a loan under part B while attendingsuch institution for the academic year succeeding the academic year in which such loss of eligibility occurred.‘‘(3) LIMITATIONS BASED ON COURSE OF STUDY OR ENROLLMENT.—An institution shall not be considered to meet the definition of an institution of higher education in paragraph (1)if such institution—‘‘(A) offers more than 50 percent of such institution’scourses by correspondence, unless the institution is aninstitution that meets the definition in section 521(4)(C)of the Carl D. Perkins Vocational and Applied TechnologyEducation Act;‘‘(B) enrolls 50 percent or more of the institution’sstudents in correspondence courses, unless the institutionis an institution that meets the definition in such section,except that the Secretary, at the request of such institution,may waive the applicability of this subparagraph to suchinstitution for good cause, as determined by the Secretaryin the case of an institution of higher education that provides a 2- or 4-year program of instruction (or both) forwhich the institution awards an associate or baccalaureatedegree, respectively;‘‘(C) has a student enrollment in which more than25 percent of the students are incarcerated, except thatthe Secretary may waive the limitation contained in thissubparagraph for a nonprofit institution that provides a2- or 4-year program of instruction (or both) for whichthe institution awards a bachelor’s degree, or an associate’sdegree or a postsecondary diploma, respectively; or‘‘(D) has a student enrollment in which more than50 percent of the students do not have a secondary schooldiploma or its recognized equivalent, and does not providea 2- or 4-year program of instruction (or both) for whichthe institution awards a bachelor’s degree or an associate’s
112 STAT. 1588Regulations.PUBLIC LAW 105–244—OCT. 7, 1998degree, respectively, except that the Secretary may waivethe limitation contained in this subparagraph if a nonprofitinstitution demonstrates to the satisfaction of the Secretarythat the institution exceeds such limitation because theinstitution serves, through contracts with Federal, State,or local government agencies, significant numbers of students who do not have a secondary school diploma orits recognized equivalent.‘‘(4) LIMITATIONS BASED ON MANAGEMENT.—An institutionshall not be considered to meet the definition of an institutionof higher education in paragraph (1) if—‘‘(A) the institution, or an affiliate of the institutionthat has the power, by contract or ownership interest,to direct or cause the direction of the management orpolicies of the institution, has filed for bankruptcy, exceptthat this paragraph shall not apply to a nonprofit institution, the primary function of which is to provide healthcare educational services (or an affiliate of such an institution that has the power, by contract or ownership interest,to direct or cause the direction of the institution’s management or policies) that files for bankruptcy under chapter11 of title 11, United States Code, between July 1, 1998,and December 1, 1998; or‘‘(B) the institution, the institution’s owner, or theinstitution’s chief executive officer has been convicted of,or has pled nolo contendere or guilty to, a crime involvingthe acquisition, use, or expenditure of funds under titleIV, or has been judicially determined to have committedfraud involving funds under title IV.‘‘(5) CERTIFICATION.—The Secretary shall certify an institution’s qualification as an institution of higher education inaccordance with the requirements of subpart 3 of part H oftitle IV.‘‘(6) LOSS OF ELIGIBILITY.—An institution of higher education shall not be considered to meet the definition of aninstitution of higher education in paragraph (1) if such institution is removed from eligibility for funds under title
PUBLIC LAW 105–244—OCT. 7, 1998 112 STAT. 1581 Public Law 105–244 105th Congress 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
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This paper aims to extend this range and introduces a novel engineering application of Origami: Folded Textured Sheets. Existing applications of Origami in engineering can broadly be catego-rized into three areas. Firstly, many deployable structures take inspiration from, or are directly derived from, Origami folding. Examples are diverse and range from wrapping solar sails [Guest and .
