      CHAPTER 28--HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE
 
                    SUBCHAPTER I--GENERAL PROVISIONS
 
                           Part A--Definitions
 
Sec. 1003. Additional definitions

    In this chapter:

         (1) Combination of institutions of higher education

        The term ``combination of institutions of higher education'' 
    means a group of institutions of higher education that have entered 
    into a cooperative arrangement for the purpose of carrying out a 
    common objective, or a public or private nonprofit agency, 
    organization, or institution designated or created by a group of 
    institutions of higher education for the purpose of carrying out a 
    common objective on the group's behalf.

                           (2) Department

        The term ``Department'' means the Department of Education.

                           (3) Disability

        The term ``disability'' has the same meaning given that term 
    under section 12102(2) of title 42.

                        (4) Elementary school

        The term ``elementary school'' has the same meaning given that 
    term under section 8801 of this title.

                       (5) Gifted and talented

        The term ``gifted and talented'' has the same meaning given that 
    term under section 8801 of this title.

                    (6) Local educational agency

        The term ``local educational agency'' has the same meaning given 
    that term under section 8801 of this title.

                          (7) New borrower

        The term ``new borrower'' when used with respect to any date 
    means an individual who on that date has no outstanding balance of 
    principal or interest owing on any loan made, insured, or guaranteed 
    under subchapter IV of this chapter and part C of subchapter I of 
    chapter 34 of title 42.

                            (8) Nonprofit

        The term ``nonprofit'' as applied to a school, agency, 
    organization, or institution means a school, agency, organization, 
    or institution owned and operated by one or more nonprofit 
    corporations or associations, no part of the net earnings of which 
    inures, or may lawfully inure, to the benefit of any private 
    shareholder or individual.

                (9) School or department of divinity

        The term ``school or department of divinity'' means an 
    institution, or a department or a branch of an institution, the 
    program of instruction of which is designed for the education of 
    students--
            (A) to prepare the students to become ministers of religion 
        or to enter upon some other religious vocation (or to provide 
        continuing training for any such vocation); or
            (B) to prepare the students to teach theological subjects.

                        (10) Secondary school

        The term ``secondary school'' has the same meaning given that 
    term under section 8801 of this title.

                           (11) Secretary

        The term ``Secretary'' means the Secretary of Education.

                        (12) Service-learning

        The term ``service-learning'' has the same meaning given that 
    term under section 12511(23) of title 42.

                   (13) Special education teacher

        The term ``special education teacher'' means teachers who teach 
    children with disabilities as defined in section 1401 of this title.

                    (14) State educational agency

        The term ``State educational agency'' has the same meaning given 
    that term under section 8801 of this title.

                 (15) State higher education agency

        The term ``State higher education agency'' means the officer or 
    agency primarily responsible for the State supervision of higher 
    education.

                (16) State; Freely Associated States

        (A) State

            The term ``State'' includes, in addition to the several 
        States of the United States, the Commonwealth of Puerto Rico, 
        the District of Columbia, Guam, American Samoa, the United 
        States Virgin Islands, the Commonwealth of the Northern Mariana 
        Islands, and the Freely Associated States.

        (B) Freely Associated States

            The term ``Freely Associated States'' means the Republic of 
        the Marshall Islands, the Federated States of Micronesia, and 
        the Republic of Palau.

(Pub. L. 89-329, title I, Sec. 103, as added Pub. L. 105-244, title I, 
Sec. 101(a), Oct. 7, 1998, 112 Stat. 1589.)

                       References in Text

    This chapter, referred to in text, was in the original ``this Act'', 
meaning Pub. L. 89-329, as amended, known as the Higher Education Act of 
1965. For complete classification of this Act to the Code, see Short 
Title note set out under section 1001 of this title and Tables.


                            Prior Provisions

    Provisions similar to this section were contained in section 1141(b) 
of this title prior to repeal by Pub. L. 105-244.
    A prior section 1003, Pub. L. 89-329, title I, Sec. 103, as added 
Pub. L. 102-325, title I, Sec. 101, July 23, 1992, 106 Stat. 459; 
amended Pub. L. 103-208, Sec. 2(a)(1), Dec. 20, 1993, 107 Stat. 2457, 
related to authority to make grants under the school, college, and 
university partnership grant program, prior to the general amendment of 
this subchapter by Pub. L. 105-244.
    Another prior section 1003, Pub. L. 89-329, title I, Sec. 103, as 
added Pub. L. 99-498, title I, Sec. 101, Oct. 17, 1986, 100 Stat. 1279, 
related to limitation on contract authority, prior to the general 
amendment of this subchapter by Pub. L. 102-325.
    Another prior section 1003, Pub. L. 89-329, title I, Sec. 103, as 
added Pub. L. 96-374, title I, Sec. 101(a), Oct. 3, 1980, 94 Stat. 1375, 
related to duties of the Commission on National Development in 
Postsecondary Education, prior to the general amendment of this 
subchapter by Pub. L. 99-498.
    Another prior section 1003, Pub. L. 89-329, title I, Sec. 103, Nov. 
8, 1965, 79 Stat. 1219; Pub. L. 92-318, title I, Sec. 102(a)(2), June 
23, 1972, 86 Stat. 237; Pub. L. 94-482, title I, Sec. 101(b)(2), (g)(2), 
Oct. 12, 1976, 90 Stat. 2084, 2086; Pub. L. 95-43, Sec. 1(a)(1), June 
15, 1977, 91 Stat. 213; Pub. L. 96-96, Sec. 1, Oct. 31, 1979, 93 Stat. 
729, provided for the allotment of funds to States, prior to the general 
amendment of this subchapter by Pub. L. 96-374.
    A prior section 1004, Pub. L. 89-329, title I, Sec. 104, as added 
Pub. L. 102-325, title I, Sec. 101, July 23, 1992, 106 Stat. 460; 
amended Pub. L. 103-208, Sec. 2(a)(2), Dec. 20, 1993, 107 Stat. 2457, 
related to grant applications, prior to the general amendment of this 
subchapter by Pub. L. 105-244.
    Another prior section 1004, Pub. L. 89-329, title I, Sec. 104, as 
added Pub. L. 96-374, title I, Sec. 101(a), Oct. 3, 1980, 94 Stat. 1376, 
related to administrative provisions and powers of Commission on 
National Development in Postsecondary Education, prior to the general 
amendment of this subchapter by Pub. L. 99-498.
    Another prior section 1004, Pub. L. 89-329, title I, Sec. 104, Nov. 
8, 1965, 79 Stat. 1220; Pub. L. 94-482, title I, Sec. 101(b)(3), Oct. 
12, 1976, 90 Stat. 2084; Pub. L. 95-43, Sec. 1(a)(2), June 15, 1977, 91 
Stat. 213, described the allowable uses of States' allotments of funds, 
prior to the general amendment of this subchapter by Pub. L. 96-374.
    A prior section 1005, Pub. L. 89-329, title I, Sec. 105, as added 
Pub. L. 102-325, title I, Sec. 101, July 23, 1992, 106 Stat. 461, 
related to peer review of applications, prior to the general amendment 
of this subchapter by Pub. L. 105-244.
    Another prior section 1005, Pub. L. 89-329, title I, Sec. 105, as 
added Pub. L. 96-374, title I, Sec. 101(a), Oct. 3, 1980, 94 Stat. 1377, 
authorized appropriations, prior to the general amendment of this 
subchapter by Pub. L. 99-498.
    Another prior section 1005, Pub. L. 89-329, title I, Sec. 105, Nov. 
8, 1965, 79 Stat. 1220; Pub. L. 90-575, title II, Sec. 202, Oct. 16, 
1968, 82 Stat. 1036; Pub. L. 94-482, title I, Sec. 101(b)(4)-(10), 
(g)(2), Oct. 12, 1976, 90 Stat. 2084-2086; Pub. L. 95-43, Sec. 1(a)(3), 
(b)(1), (2), June 15, 1977, 91 Stat. 213, 218, set out the requisite 
features of State plans, prior to the general amendment of this 
subchapter by Pub. L. 96-374.
    A prior section 1005a, Pub. L. 89-329, title I, Sec. 106, as added 
Pub. L. 92-318, title I, Sec. 102(a)(1), June 23, 1972, 86 Stat. 237; 
amended Pub. L. 94-482, title I, Sec. 101(g)(2), Oct. 12, 1976, 90 Stat. 
2086, provided for special programs and projects relating to national 
and regional problems, prior to the general amendment of this subchapter 
by Pub. L. 96-374.
    A prior section 1006, Pub. L. 89-329, title I, Sec. 106, as added 
Pub. L. 102-325, title I, Sec. 101, July 23, 1992, 106 Stat. 461, 
authorized appropriations, prior to the general amendment of this 
subchapter by Pub. L. 105-244.
    Another prior section 1006, Pub. L. 89-329, title I, Sec. 107, 
formerly Sec. 106, Nov. 8, 1965, 79 Stat. 1221; Pub. L. 90-575, title 
II, Sec. 203(a), Oct. 16, 1968, 82 Stat. 1036, renumbered Pub. L. 92-
318, title I, Sec. 102(a)(1), June 23, 1972, 86 Stat. 236, and amended 
Pub. L. 94-482, title I, Sec. 101(c), (g)(2), Oct. 12, 1976, 90 Stat. 
2085, 2086, related to payment and method of payment of funds, prior to 
the general amendment of this subchapter by Pub. L. 96-374.
    Prior sections 1007 to 1010 were omitted in the general amendment of 
this subchapter by Pub. L. 96-374.
    Section 1007, Pub. L. 89-329, title I, Sec. 108, formerly Sec. 107, 
Nov. 8, 1965, 79 Stat. 1222, renumbered Pub. L. 92-318, title I, 
Sec. 102(a)(1), June 23, 1972, 86 Stat. 236, and amended Pub. L. 94-482, 
title I, Sec. 101(g)(2), Oct. 12, 1976, 90 Stat. 2086, related to 
disapproval of State plans, notice and hearing, findings of Commissioner 
of Education, and notification to State of noneligibility.
    Section 1008, Pub. L. 89-329, title I, Sec. 109, formerly Sec. 108, 
Nov. 8, 1965, 79 Stat. 1222, renumbered Pub. L. 92-318, title I, 
Sec. 102(a)(1), June 23, 1972, 86 Stat. 236, and amended Pub. L. 94-482, 
title I, Sec. 101(d), Oct. 12, 1976, 90 Stat. 2085, provided for 
judicial review of actions of Commissioner of Education and scope of 
that review.
    Section 1008a, Pub. L. 89-329, title I, Sec. 110, as added Pub. L. 
93-29, title VIII, Sec. 803, May 3, 1973, 87 Stat. 59, and amended Pub. 
L. 94-135, title II, Sec. 201, Nov. 28, 1975, 89 Stat. 726; Pub. L. 94-
482, title I, Sec. 101(g)(2), Oct. 12, 1976, 90 Stat. 2086, provided for 
programs and projects relating to problems of the elderly.
    Section 1008b, Pub. L. 89-329, title I, Sec. 111, as added Pub. L. 
94-482, title I, Sec. 101(e), Oct. 12, 1976, 90 Stat. 2085, related to 
technical assistance and administration.
    Section 1009, Pub. L. 89-329, title I, Sec. 112, formerly Sec. 109, 
Nov. 8, 1965, 79 Stat. 1223; Pub. L. 91-230, title IV, Sec. 401(h)(4), 
Apr. 13, 1970, 84 Stat. 174, renumbered Sec. 110, Pub. L. 92-318, title 
I, Sec. 102(a)(1), June 23, 1972, 86 Stat. 236, renumbered Sec. 111, 
Pub. L. 93-29, title VIII, Sec. 803, May 3, 1973, 87 Stat. 59; Pub. L. 
93-380, title VIII, Sec. 831, Aug. 21, 1974, 88 Stat. 603; Pub. L. 93-
644, Sec. 9(a), Jan. 4, 1975, 88 Stat. 2310, renumbered Sec. 112 and 
amended Pub. L. 94-482, title I, Sec. 101(e), (f)(1), (g)(2), Oct. 12, 
1976, 90 Stat. 2085, 2086; 1977 Reorg. Plan No. 2, Sec. 7(a)(13), 42 
F.R. 62461, 91 Stat. 1637, provided for creation of a National Advisory 
Council on Extension and Continuing Education.
    Section 1010, Pub. L. 89-329, title I, Sec. 113, formerly Sec. 110, 
Nov. 8, 1965, 79 Stat. 1224, renumbered Sec. 111, Pub. L. 92-318, title 
I, Sec. 102(a)(1), June 23, 1972, 86 Stat. 236, renumbered Sec. 112, 
Pub. L. 93-29, title VIII, Sec. 803, May 3, 1973, 87 Stat. 59, 
renumbered Sec. 113 and amended Pub. L. 94-482, title I, Sec. 101(e), 
(f)(2), Oct. 12, 1976, 90 Stat. 2085, 2086, directed that nothing in the 
section be held to modify any authority under the Smith-Lever Act, 
section 341 et seq. of Title 7, Agriculture.
