PUBLIC LAW 95-40-JUNE 3, 1977 91 STAT. 207 (25) Sections 191 and 192 of such Act are each amended by striking 20 USC 2441, out "part" and inserting in lieu thereof "subpart", and such section 2442. 191 is further amended by striking out “August 2" and inserting in lieu thereof "August 12". (26) (A) Section 195 (7) of such Act is amended by striking out 20 USC 2461. "crippled" and inserting in lieu thereof "orthopedically impaired" and by inserting immediately after "impaired persons" the following: ", or persons with specific learning disabilities,". (B) Section 195 (8) of such Act is amended by inserting "the Northern Mariana Islands," immediately after "American Samoa,”. (27) (A) Section 195 (15) of such Act is amended by striking out "designating" and inserting in licu thereof "designing". (B) Section 195 (20) of such Act is amended by striking out "For the purposes of this Act, the" and inserting in lieu thereof "The". (C) Section 195 of such Act is amended by adding at the end thereof "Private the following: Vocational "(21) The term 'private vocational training institution' means a business or trade school, or technical institution or other technical institution." or vocational school, in any State, which (A) admits as regular students only persons who have completed or left elementary or secondary school and who have the ability to benefit from the training offered by such institution; (B) is legally authorized to provide, and provides within that State, a program of postsecondary vocational or technical education designed to fit individuals for useful employment in recognized occupations; (C) has been in existence for two years or has been specially accredited by the Commissioner as an institution meeting the other requirements of this subsection; and (D) is accredited (i) by a nationally recognized accrediting agency or association listed by the Commissioner pursuant to this clause, or (ii) if the Commissioner determines that there is no nationally recognized accrediting agency or association qualified to accredit schools of a particular category, by a State agency listed by the Commissioner pursuant to this clause, or (iii) if the Commissioner determines that there is no nationally recognized or State agency or association qualified to accredit schools of a particular category, by an advisory committee appointed by him and composed of persons specially qualified to evaluate training provided by schools of that category, which committee shall prescribe the standards of content, scope, and quality which must be met by those schools and shall also determine whether particular schools meet those standards. For the purpose of this paragraph, the Commissioner List, publication. shall publish a list of nationally recognized accrediting agencies or associations and State agencies which he determines to be reliable authority as to the quality of education or training afforded.". (28) (A) Section 107(b)(4) of the Comprehensive Employment and Training Act of 1973 is amended by inserting "special education," 29 USC 817. after "vocational rehabilitation,". (B) Section 503 (5) of the Comprehensive Employment and Training Act of 1973 is amended by inserting "special education," after "Vocational rehabilitation.". (29) Section 203 of the Education Amendments of 1976 is amended by adding at the end thereof the following: "(c) (1) Section 104 of the Vocational Education Amendments of 29 USC 953. Effective date. 90 Stat. 2213. 1968 is amended by adding before the period at the end thereof the 20 USC 11 note. following: (as such Act will be in effect on October 1, 1977)'. "(2) The amendment made by this section shall be effective on and after October 1, 1977.". 91 STAT. 208 20 USC 2563. Effective date. 20 USC 2563 note. 20 USC 2301 note. PUBLIC LAW 95-40-JUNE 3, 1977 (30) The first sentence of section 523 (b) (2) of the Education Amendments of 1976 is amended by striking out "September 30, 1979" and by inserting in lieu thereof "September 30, 1980" and by striking out "September 30, 1980" and by inserting in lieu there "September 30, 1981". The first sentence of such section 523 (b) (2) is further amended by striking out everything which appears after "under this section". (31) (A) Section 523 (b) (3) of the Education Amendments of 1976 is amended by striking "section" at the end of the first sentence and by inserting in lieu thereof "subsection concerning the National Institute of Education”, and the second sentence of such section is amended by striking "October 1, 1979" and by inserting in lieu thereof "October 1, 1981". (B) The amendments made by subparagraph (A) shall take effect on and after October 1, 1977. SEC. 2. Except where otherwise specifically indicated, any reference in the first section of this Act to the Vocational Education Act of 1963 means such Act as in effect on October 1, 1977. Approved June 3, 1977. LEGISLATIVE HISTORY: HOUSE REPORT No. 95-86 (Comm. on Education and Labor). Mar. 22, considered and passed House. May 16, considered and passed Senate, amended. Note.-A listing of the bill number, law number, title, date of approval, U.S. PUBLIC LAW 95-43—JUNE 15, 1977 91 STAT. 213 Public Law 95-43 95th Congress An Act To make certain technical and miscellaneous amendments to provisions relating to higher education contained in the Education Amendments of 1976. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That (a) the Higher Education Act of 1965 is amended as follows: (1) Section 103 (a) of the Higher Education Act of 1965 is amended by striking out "July 1, 1975" and inserting in lieu thereof “July 1, 1974". (2) Section 104 of such Act is amended by striking out the comma after "material sharing programs”. (3) Section 105(a) (6) of such Act is amended by inserting "provide" immediately before "assurances". (4) Section 133(a) (7) of such Act is amended by striking out "Commissioner's" and inserting in lieu thereof "Assistant Secretary's". (5) (A) Section 411(b) (3) (B) of the Act is amended by redesignating divisions (ii), (iii), and (iv) as divisions (iii), (iv), and (v), respectively, and by inserting after division (i) the following: "(ii) If, during any fiscal year, funds available for making payments under this subpart exceed the amount necessary to make the payments prescribed in division (i), such excess shall be paid with respect to each entitlement under this subpart in proportion to the degree to which that entitlement is unsatisfied.”. (B) Subparagraphs (A) and (B) of section 411(b) (4) of the Act are each amended by inserting ", at the end of a fiscal year," after "If". (6) Section 415C (b) (4) of such Act is amended by striking out "July 1, 1977" and inserting in lieu thereof "October 1, 1978". June 15, 1977 [H.R. 6774] Higher Education Act of 1965, amendments. 20 USC 1003. 20 USC 1004. 20 USC 1005. 20 USC 1015b. 20 USC 1070a. 20 USC 1070c-2. (7) Section 415E of such Act is amended by striking out "having 20 USC 1070c-4. an agreement under section 428 (b)" and inserting in lieu thereof Post, P. 215. "operating, through an agency of the State or through a nonprofit private institution or organization designated by a State, a program under section 428 (b)". (8) Section 421 (a) of such Act is amended by striking out "428 (c) (1) (A)" and inserting in lieu thereof "428 (a) (1) (C)”. (9) Sections 421(b)(3) and 427 (a)(2) (E) of such Act are each amended by striking out the period at the end thereof and inserting in lieu thereof a comma. (10) Section 421(c)(1) of such Act is amended by inserting "(whether operated by an agency of the State or by a nonprofit private institution or organization designated by the State)" after "by each State". (11) Section 422 (c) (2) of such Act is amended (A) in subparagraph (A) (i) by striking out "the greater of (i) $50,000, or (ii)"; (B) in subparagraph (B), by inserting at the end thereof the following new sentence: "Notwithstanding subparagraph (A) and the preceding sentence of this subparagraph, but subject to subparagraph (D) of this paragraph, the amount of any advance 20 USC 1071. 20 USC 1077. 20 USC 1072. 91 STAT. 214 20 USC 1072. 20 USC 1073. Post, p. 215. 20 USC 1075. 20 USC 1077. 20 USC 1078. PUBLIC LAW 95-43-JUNE 15, 1977 to a State described in paragraph (5) (A) for the first year of its eligibility under such paragraph, and the amount of any advance to any State described in paragraph (5) (B) for each year of its eligibility under such paragraph, shall not be less than $50,000."; and (C) by adding after subparagraph (C) the following new subparagraph: "(D) If the sums appropriated for any fiscal year for paying the amounts determined under subparagraphs (A) and (B) are not sufficient to pay such amounts in full, then such amounts shall be reduced"(i) by ratably reducing that portion of the amount allocated to each State which exceeds $50,000; and 66 "(ii) if further reduction is required, by equally reducing the $50,000 minimum allocation of each State. If additional sums become available for paying such amounts for any fiscal year during which the preceding sentence has been applied, such reduced amounts shall be increased on the same basis as they were reduced.". (12) Section 422 (c) (5) (B) of such Act is amended by inserting after "effective date of this subsection" the following: "or which is not actively carrying on a program under an agreement pursuant to such section on such date". (13) Section 422 (c) (6) (B) (iii) of such Act is amended by inserting "eligible" immediately before "institution" each place it appears. (14) Section 423 (b) of such Act is amended by striking out "or" at the end of paragraph (1), by striking out the period at the end of paragraph (2) and inserting in lieu thereof ", or", and by adding after such paragraph the following: "(3) under such circumstances as may be approved by the State or nonprofit private institution or organization in such State with which the Commissioner has an agreement under section 42(b), for the insurance of a loan to a borrower for whom such previously was issued such a certificate if the loan covered by ach certificate is not yet repaid.". (15) Section 425 (a) (1) (A) of such Act is amended 'er (A) by striking out "a loan to a student who is or will be in his first year of a program of undergraduate education" and inserting in lieu thereof "loans to a student for his first academic year of a program of postsecondary education"; (B) by striking out "program which is" and inserting in lieu thereof "program, which are"; (C) by striking out "or which is" and inserting in lieu thereof "or which are"; and (D) by striking out "the loan" and inserting in lieu thereof "the total of such loans". (16) Section 425 (a) (1) (B) of such Act is amended by striking out "to a student for his first academic year of postsecondary education" and inserting in lieu thereof "to such a first-year student". (17) Section 425 (a) (1) of such Act is amended by inserting after the last sentence thereof the following: "For the purpose of clause (B), all loans made within any period of 90 days shall be considered a single loan.". (18) Section 427 (a) (2) (G) of such Act is amended by striking out the semicolon at the end thereof and inserting in lieu thereof a comma. (19) The last sentence of section 428(a) (8) (A) of such Act is amended by striking out "over the course of the academic year" and inserting in lieu thereof "over the period of enrollment for which the loan is made". PUBLIC LAW 95-43-JUNE 15, 1977 (20) Section 428 (a) (9) of such Act is amended (A) by inserting "a determination must be made as to whether" after "for which"; (B) by striking out "the determinations to be made (except the determinations of good standing)" and inserting in lieu therof "the determination to be made"; and (C) by striking out “(2) (A) (i) and”. (21) Section 428(b) (1) (A) of such Act is amended (A) by inserting "in any academic year or its equivalent (as determined under regulations of the Commissioner)" after "(A) authorizes the insurance"; (B) in division (i) (i) by striking out "a loan which is made" and inserting in lieu thereof "loans which are made"; (ii) by striking out "or which is" and inserting in lieu thereof "or which are"; and (iii) by striking out "to a student who has not successfully completed a program of undergraduate education in an amount in excess" and inserting in lieu thereof “to a student for his first academic year of a program of postsecondary education, and who has not previously enrolled in such a program, in an amount in excess of the lesser"; (C) in division (ii), by striking out "to a student for his first academic year of postsecondary education" and inserting in lieu thereof "to such a first-year student"; and (D) by inserting immediately before the semicolon at the end thereof the following: ", and all loans issued within any period of 90 days shall be considered as a single loan for purposes of division (ii)". (22) Section 428 (b) (1) of such Act is amended (A) by inserting "and" at the end of subparagraph (O); (C) by redesignating subparagraph (Q) as subparagraph (P). (23) Subparagraph (C) of section 428 (c) (1) of such Act is amended (A) by striking out "insured by it" and inserting in lieu thereof "made by a lender which are insured by such an institution or organization"; and (B) by inserting "and" at the end of clause (ii), and by striking out ", and" at the end of clause (iii) and the remainder of such subparagraph and inserting in lieu thereof a period. (24) Section 428 (c) (5) of such Act is amended— (A) by striking out "entered into prior to September 1, 1969"; and (B) by striking out "in effect on that date" and everything that follows through "the Commissioner may" and inserting in lieu thereof "an agreement pursuant to subsection (b) of this section, the Commissioner may". (25) Section 428 (c) (6) of such Act is amended (A) in subparagraph (A), by inserting "and for the purpose 91 STAT. 215 20 USC 1078. of section 428A (b) (5)" after "For the purpose of paragraph 20 USC 1078–1. (2) (D)" and by striking out "pursuant to such paragraph"; (B) in subparagraph (A) (ii)— (i) by striking out "of the loan" and inserting in lieu thereof "of loans reimbursed under this subsection"; (ii) by striking out "reimbursed pursuant to subsection (f)"; and |