91 STAT. 216 20 USC 1078. Ante, p. 214. 20 USC 1078-1. Eligible lenders. 20 USC 1080. 20 USC 1083. 20 USC 1085. 20 USC 1087-1. PUBLIC LAW 95-43-JUNE 15, 1977 (iii) by inserting immediately before the period at the end thereof "and have not been reimbursed under subsection (f)"; and (C) in subparagraph (B) (i), by striking out "costs of collection of the loan"" and inserting in lieu thereof "costs of collection of loans' ". (26) Section 428 (c) (7) (A) (ii) of such Act is amended by striking out "guarantee agreement under this subsection" and by inserting in lieu thereof "guarantee agreement under subsection (b) of this section". (27) Section 428 (f) (1) is amended (1) by striking out "Each" in subparagraph (B) and inserting in lieu thereof "Except as provided in subparagraph (C), each"; and (2) by inserting after such subparagraph (B) the following: "(C) For any State which is eligible to receive a reserve fund advance under section 422 (c) (5) (B), the spending minimum required by subparagraph (B) with respect to purposes described in clauses (ii) and (iii) of subparagraph (A) shall, for the first year of such eligibility, not be applicable and shall, for the second and third years of such eligibility, be an amount equal to 20 per centum of the payments received under this paragraph.". แ (28) Paragraph (2) of section 428 (f) of such Act is amended by striking out (2)(A)" and inserting in lieu thereof "(2)", and by striking out subparagraph (B). (29) Section 428 (f) (3) (A) of such Act is amended by striking out the period at the end thereof and inserting in lieu thereof a comma. (30) Paragraphs (1) (A) and (2) (A) of section 428A (a) of such Act are each amended by inserting "who is carrying at an eligible institution at least one-half the normal full-time academic workload (as determined under regulations of the Commissioner)" after "to any individual student" and by inserting "not" immediately before "successfully completed". (31) Paragraphs (1) and (2) of section 428A (a) of such Act are each amended by striking out clause (C) and by inserting in lieu thereof, in each such paragraph, the following: "(C) with respect to lenders which are eligible institutions, provides for the insurance of loans by only such institutions as are located within the geographic area served by such State or nonprofit private institution or organization;". (32) Section 428A(b)(5) of such Act is amended by inserting, within the parentheses, "consistent with section 428 (c) (6)" after "regulations prescribed by the Commissioner". (33) Section 430 (a) of such Act is amended by striking out "interest accrued" and inserting in lieu thereof "accrued interest, including interest accruing". (34) Section 433 (a) (2) of such Act is amended by inserting "clause (A) of" immediately before "paragraph (1)". (35) Section 435 (g) (1) (B) of such Act is amended by striking out "Employees" and inserting in lieu thereof "Employee". (36) Section 435 (g) (3) of such Act is amended by striking out "the amount of the loan described in section 428(a)(1) made" and inserting in lieu thereof "the total amount of such loans as are described in section 428 (a) (1) made by the institution". (37) Section 438 of such Act is amended (A) by striking out "unpaid balance of disbursed principal" in subsection (b) (1) and inserting in lieu thereof "average unpaid balance of principal"; 36-930 - 79-49 PUBLIC LAW 95-43-JUNE 15, 1977 (B) by striking out "and" at the end of clause (ii) of subsection (b) (2) (A) and by inserting immediately before the period at the end of clause (iii) of such subsection the following new clause: ", and (iv) by dividing the resultant per centum by four"; (C) by striking out "subparagraph (4)" in subsection (b) (2) (C) and inserting in lieu thereof "paragraph (4)"; (D) by striking out "paragraph (3)" in subsection (b) (4) (B) and inserting in lieu thereof "paragraph (2)"; (E) by striking out "subparagraph" in subsection (b)(4)(C) and inserting in lieu thereof "paragraph"; and (F) by redesignating the matter following paragraph (5) of subsection (b) as paragraph (6) and by striking out, in such matter, "subsection (a)" and inserting in lieu thereof "this subsection". (38) Section 439 (b) (1) of the Act is amended by inserting "and citizen" after "resident". (39) Section 464 (c) (2) of such Act is amended by striking out "title VIII of the Economic Opportunity Act of 1964" and inserting in lieu thereof "the Domestic Volunteer Act of 1973”. 91 STAT. 217 20 USC 1087-2. 20 USC 1087dd. 42 USC 495 note. (40) (A) The first sentence of section 493 (a) of such Act is amended 20 USC 1088b. by (i) striking out "part A or C" and inserting in lieu thereof "subpart 2 of part A, part C, or part E"; (ii) striking out "either" and inserting in lieu thereof "any"; and (iii) striking out "in lieu of reimbursement for its expenses during such fiscal year in administering programs assisted under such part" and inserting in lieu thereof "for the purposes set forth in subsection (c)". (B) The second sentence of such section 493 (a) is amended by adding before the period at the end thereof a comma and the following: "plus (C) the principal amount of loans made during such fiscal year from its student loan fund established under part E". (C) Section 493 (b) of such Act is amended to read as follows: "(b) The aggregate amount paid to an institution for a fiscal year under this section may not exceed $325,000.". (41) Section 497A (c) of such Act is amended by striking out "paragraph (a) (3)" and inserting in lieu thereof "subsection (a) (4)". (42) Section 533 (a) (2) of such Act is amended by striking out "section 532 of this title" and inserting in lieu thereof "section 406 (d) (1) (D) of the General Education Provisions Act". (43) Section 771 of such Act is amended 20 USC 1088f-1. 20 USC 20 USC 1226. 20 USC (A) by striking out "grants from funds appropriated under 1132d-11. section 721 (b)," in subsection (a); (B) by striking out "In determining" each place it appears in subsection (b) and inserting in lieu thereof "In establishing cri teria for determining"; and (C) by adding at the end thereof the following new sub- Grants and loans. sections: "(d) Grants and loans awarded for the purposes of this part shall not be subject to the provisions of subsections (a) and (b) of section Post, p. 218. 781. The Commissioner shall, with respect to each such grant or loan, determine the period which shall be deemed to be the period of Federal interest in the facility reconstructed or renovated. If, within such period, such facility ceases to be used as an academic facility, the United States shall recover from the applicant (or its successor in title 91 STAT. 218 Funds. 20 USC 1132a. 20 USC 1132e. 20 USC 1005. 20 USC 1070c. 20 USC 1071 note. 20 USC 1075. 20 USC 1078. 20 USC 1077. 90 Stat. 2153. 20 USC 1132c-4. 90 Stat. 2167. 20 USC 1141 note. 20 USC 1085. 90 Stat. 2099. 20 USC 1141. 20 USC 1088f. PUBLIC LAW 95-43-JUNE 15, 1977 or possession) an amount representing the depreciated value of the improvements made with such grant or loan, determined in accordance with the procedures set forth in the last sentence of section 781 (b). "(e) Funds appropriated under section 701 (b) available for grants under this part may be used for graduate and undergraduate facilities and may be used without regard to whether such funds will increase or create enrollment capacity, health care capacity, or capacity to carry out extension and containing education programs.". (44) Section 781 of such Act is amended by striking out reconstruction, or renovation" each place it appears in such section and by striking out "reconstructed or renovated" each place it appears in subsections (a) and (b) of such section. (b) (1) Section 101 (b) of the Education Amendments of 1976 is amended by striking out paragraph (5)(A) and by redesignating paragraph (5) (B) as paragraph (5). (2) Paragraph (6) (A) of section 101 (b) of such Amendments is amended striking out "institution" and inserting in lieu thereof "institutions". (3) Section 123(a) of such Amendments is amended by striking out "by adding at the end thereof the following new paragraph:" and inserting in lieu thereof "by amending paragraph (3) to read as follows:". (4) Section 127 (b) of such Amendments is amended (A) by striking out paragraph (1) and inserting in lieu thereof the following: "(1) The changes made in "(A) sections 425 (a) (other than paragraphs (1) (A) and (B) thereof) and 428 (b) (1) (A) other than divisions (i) and (ii) thereof, and sections 427 (a) (1) (C) and 428 (b) (1) (B) shall become applicable with respect to loans to cover the costs of education for periods of enrollment beginning on or after October 1, 1976; (B) sections 425 (a) (1) (A) and (B) and 428 (b) (1) (A) (i) and (ii) shall become applicable with respect to loans made on or after February 12, 1977, to cover such costs for such periods beginning on or after November 12, 1976; "(C) sections 427 (a) (2) (G) and (H) and 428(b) (1) (N), (O), and (P) shall become applicable with respect to loans made on or after June 1, 1977;" and (B) in paragraph (5), by inserting "on or after February 12, 1977" after "loans made", and by striking out "October 1, 1976" and inserting in lieu thereof "November 12, 1976". (5) Section 153 of such Amendments is amended by striking out "(a)" after "SEC. 153.". (6) Section 162(g) of such Amendments is amended by striking out "(1)" after "(g)" and by striking out paragraph (2). (7) Section 181 of such Amendments is amended by inserting "(a)" after "SEC. 181." and by adding at the end thereof the following: "(b) Neither the amendment made by subsection (a) of this section nor the amendment made to section 435 (b) (1) of the Act (by section 127(a) of this Act) shall be construed to authorize terminating the eligibility of an institution which was deemed to be an institution of higher education for purposes of sections 435 (b) (1) and 1201 (a) on the date of enactment of this Act. The preceding sentence of this section shall not be construed to impair the authority of the Commissioner to limit, suspend, or terminate such eligibility for the reasons and as provided by section 497 of the Act.". PUBLIC LAW 95-43-JUNE 15, 1977 91 STAT. 219 (8) Section 343 (a) (1) of such Amendments is amended by striking 20 USC 2533. out "this section" and inserting in lieu thereof "this part". (c) Section 604 of the National Defense Education Act of 1958 is amended by striking out "October 1, 1977" and inserting in lieu thereof "October 1, 1979,". 20 USC 513. (d) Section 448 of the General Education Provisions Act is 20 USC 1233g. amended by striking out "March 31" and inserting in lieu thereof "June 30". SEC. 2. (a) Except as provided in subsection (b), the amendments Effective date. made by the first section of this Act shall take effect October 12, 1976. 20 USC 1071 (b) (1) Except as provided in paragraph (2), amendments made note. by the first section of this Act to part B of title IV of the Higher 20 USC 1071. Education Act of 1965 shall take effect as provided by subsection (b) of section 127 of the Education Amendments of 1976, as amended 90 Stat. 2099. by this Act, and shall, for purposes of such subsection, collectively be deemed to be an amendment made by subsection (a) of such section. (2) The amendments made by paragraphs (17), (20), and (21) (D) of subsection (a) of the first section of this Act shall take effect thirty days after the date of its enactment. No determination made pursuant to section 428 (a) (9) of the Higher Education Act of 1965 as in effect 20 USC 1078. between September 30, 1976, and such thirtieth day after enactment of this Act shall be invalid if such determination, at a minimum, complies with such section as amended by such paragraph (20). Approved June 15, 1977. LEGISLATIVE HISTORY: HOUSE REPORT No. 95-269 (Comm. on Education and Labor). May 9, considered and passed House. May 25, considered and passed Senate, amended. Note.-A listing of the bill number, law number, title, date of approval, U.S. 91 STAT. 230 June 17, 1977 [H.R. 6692] Education of the 20 USC 1401 20 USC 1426. 20 USC 1436. 20 USC 1441. PUBLIC LAW 95–49—JUNE 17, 1977 Public Law 95-49 95th Congress An Act To extend certain programs under the Education of the Handicapped Act. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the "Education of the Handicapped Amendments of 1977". CENTERS AND SERVICES SEC. 2. Section 627 of the Education of the Handicapped Act is amended to read as follows: "AUTHORIZATION OF APPROPRIATIONS "SEC. 627. There are authorized to be appropriated to carry out the provisions of section 621, $19,000,000 for the fiscal year 1978 and for the succeeding fiscal year, $21,000,000 for fiscal year 1980, $24,000,000 for fiscal year 1981, and $25,000,000 for fiscal year 1982. There are authorized to be appropriated to carry out the provisions of section 622, $22,000,000 for fiscal year 1978, $24,000,000 for fiscal year 1979, $26,000,000 for fiscal year 1980, $29,000,000 for fiscal year 1981, and $32,000,000 for fiscal year 1982. There are authorized to be appropriated to carry out the provisions of section 623, $25,000,000 for fiscal year 1978 and for each of the two succeeding fiscal years, $20,000,000 for fiscal year 1981 and for the succeeding fiscal year. There are authorized to be appropriated to carry out the provisions of section 625, $10,000,000 for the fiscal year 1978, $12,000,000 for the fiscal year 1979, $14,000,000 for the fiscal year 1980, and $16,000,000 for the fiscal year 1981 and for the succeeding fiscal year.". PERSONNEL TRAINING SEC. 3, Section 636 of the Education of the Handicapped Act is amended to read as follows: "AUTHORIZATION OF APPROPRIATIONS "SEC. 636. There are authorized to be appropriated for carrying out the provisions of this part (other than section 633) $75,000,000 for the fiscal year 1978, $80,000,000 for the fiscal year 1979, $85,000,000 for the fiscal year 1980, $90,000,000 for the fiscal year 1981, and $95,000,000 for the fiscal year 1982. There are authorized to be appropriated to carry out the provisions of section 633, $2,000,000 for the fiscal year 1978 and the succeeding fiscal year, and $2,500,000 for the fiscal year 1980 and each of the two succeeding fiscal years.". SPECIAL EDUCATIONAL MODEL PROGRAMS SEC. 4. Section 641 of the Education of the Handicapped Act is amended by striking out the period and inserting a comma and the following: "including the development and conduct of model programs designed to meet the special educational needs of such children.". (767) |