 
      CHAPTER 28--HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE
 
                    SUBCHAPTER IV--STUDENT ASSISTANCE
 
              Part B--Federal Family Education Loan Program
 
Sec. 1085. Definitions for student loan insurance program

    As used in this part:

(a) Eligible institution

                           (1) In general

        Except as provided in paragraph (2), the term ``eligible 
    institution'' means an institution of higher education, as defined 
    in section 1002 of this title, except that, for the purposes of 
    sections 1077(a)(2)(C)(i) and 1078(b)(1)(M)(i) of this title, an 
    eligible institution includes any institution that is within this 
    definition without regard to whether such institution is 
    participating in any program under this subchapter and part C of 
    subchapter I of chapter 34 of title 42 and includes any institution 
    ineligible for participation in any program under this part pursuant 
    to paragraph (2) of this subsection.

            (2) Ineligibility based on high default rates

        (A) An institution whose cohort default rate is equal to or 
    greater than the threshold percentage specified in subparagraph (B) 
    for each of the three most recent fiscal years for which data are 
    available shall not be eligible to participate in a program under 
    this part for the fiscal year for which the determination is made 
    and for the two succeeding fiscal years, unless, within 30 days of 
    receiving notification from the Secretary of the loss of eligibility 
    under this paragraph, the institution appeals the loss of its 
    eligibility to the Secretary. The Secretary shall issue a decision 
    on any such appeal within 45 days after its submission. Such 
    decision may permit the institution to continue to participate in a 
    program under this part if--
            (i) the institution demonstrates to the satisfaction of the 
        Secretary that the Secretary's calculation of its cohort default 
        rate is not accurate, and that recalculation would reduce its 
        cohort default rate for any of the three fiscal years below the 
        threshold percentage specified in subparagraph (B);
            (ii) there are exceptional mitigating circumstances within 
        the meaning of paragraph (4); or
            (iii) there are, in the judgment of the Secretary, other 
        exceptional mitigating circumstances that would make the 
        application of this paragraph inequitable.

    During such appeal, the Secretary may permit the institution to 
    continue to participate in a program under this part. If an 
    institution continues to participate in a program under this part, 
    and the institution's appeal of the loss of eligibility is 
    unsuccessful, the institution shall be required to pay to the 
    Secretary an amount equal to the amount of interest, special 
    allowance, reinsurance, and any related payments made by the 
    Secretary (or which the Secretary is obligated to make) with respect 
    to loans made under this part to students attending, or planning to 
    attend, that institution during the pendency of such appeal.
        (B) For purposes of determinations under subparagraph (A), the 
    threshold percentage is--
            (i) 35 percent for fiscal year 1991 and 1992;
            (ii) 30 percent for fiscal year 1993; and
            (iii) 25 percent for any succeeding fiscal year.

        (C) Until July 1, 1999, this paragraph shall not apply to any 
    institution that is--
            (i) a part B institution within the meaning of section 
        1061(2) of this title;
            (ii) a tribally controlled community college within the 
        meaning of section 1801(a)(4) \1\ of title 25; or
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            (iii) a Navajo Community College under the Navajo Community 
        College Act [25 U.S.C. 640a et seq.].

        (D) Notwithstanding the first sentence of subparagraph (A), the 
    Secretary shall restore the eligibility to participate in a program 
    under subpart 1 of part A, part B, or part D of this subchapter of 
    an institution that did not appeal its loss of eligibility within 30 
    days of receiving notification if the Secretary determines, on a 
    case-by-case basis, that the institution's failure to appeal was 
    substantially justified under the circumstances, and that--
            (i) the institution made a timely request that the 
        appropriate guaranty agency correct errors in the draft data 
        used to calculate the institution's cohort default rate;
            (ii) the guaranty agency did not correct the erroneous data 
        in a timely fashion; and
            (iii) the institution would have been eligible if the 
        erroneous data had been corrected by the guaranty agency.

        (3) Appeals based upon allegations of improper loan 
                                  servicing

        An institution that--
            (A) is subject to loss of eligibility for the Federal Family 
        Education Loan Program pursuant to paragraph (2)(A) of this 
        subsection;
            (B) is subject to loss of eligibility for the Federal 
        Supplemental Loans for Students pursuant to section 1078-1(a)(2) 
        \1\ of this title; or
            (C) is an institution whose cohort default rate equals or 
        exceeds 20 percent for the most recent year for which data are 
        available;

    may include in its appeal of such loss or rate a defense based on 
    improper loan servicing (in addition to other defenses). In any such 
    appeal, the Secretary shall take whatever steps are necessary to 
    ensure that such institution has access for a reasonable period of 
    time, not to exceed 30 days, to a representative sample (as 
    determined by the Secretary) of the relevant loan servicing and 
    collection records used by a guaranty agency in determining whether 
    to pay a claim on a defaulted loan or by the Department in 
    determining an institution's default rate in the loan program under 
    part C of this subchapter. The Secretary shall reduce the 
    institution's cohort default rate to reflect the percentage of 
    defaulted loans in the representative sample that are required to be 
    excluded pursuant to subsection (m)(1)(B) of this section.

             (4) Definition of mitigating circumstances

        (A) For purposes of paragraph (2)(A)(ii), an institution of 
    higher education shall be treated as having exceptional mitigating 
    circumstances that make application of that paragraph inequitable if 
    such institution, in the opinion of an independent auditor, meets 
    the following criteria:
            (i) For a 12-month period that ended during the 6 months 
        immediately preceding the fiscal year for which the cohort of 
        borrowers used to calculate the institution's cohort default 
        rate is determined, at least two-thirds of the students enrolled 
        on at least a half-time basis at the institution--
                (I) are eligible to receive a Federal Pell Grant award 
            that is at least equal to one-half the maximum Federal Pell 
            Grant award for which a student would be eligible based on 
            the student's enrollment status; or
                (II) have an adjusted gross income that when added with 
            the adjusted gross income of the student's parents (unless 
            the student is an independent student), of less than the 
            poverty level, as determined by the Department of Health and 
            Human Services.

            (ii) In the case of an institution of higher education that 
        offers an associate, baccalaureate, graduate or professional 
        degree, 70 percent or more of the institution's regular students 
        who were initially enrolled on a full-time basis and were 
        scheduled to complete their programs during the same 12-month 
        period described in clause (i)--
                (I) completed the educational programs in which the 
            students were enrolled;
                (II) transferred from the institution to a higher level 
            educational program;
                (III) at the end of the 12-month period, remained 
            enrolled and making satisfactory progress toward completion 
            of the student's educational programs; or
                (IV) entered active duty in the Armed Forces of the 
            United States.

            (iii)(I) In the case of an institution of higher education 
        that does not award a degree described in clause (ii), had a 
        placement rate of 44 percent or more with respect to the 
        institution's former regular students who--
                (aa) remained in the program beyond the point the 
            students would have received a 100 percent tuition refund 
            from the institution;
                (bb) were initially enrolled on at least a half-time 
            basis; and
                (cc) were originally scheduled, at the time of 
            enrollment, to complete their educational programs during 
            the same 12-month period described in clause (i).

            (II) The placement rate shall not include students who are 
        still enrolled and making satisfactory progress in the 
        educational programs in which the students were originally 
        enrolled on the date following 12 months after the date of the 
        student's last date of attendance at the institution.
            (III) The placement rate is calculated by determining the 
        percentage of all those former regular students who--
                (aa) are employed, in an occupation for which the 
            institution provided training, on the date following 12 
            months after the date of their last day of attendance at the 
            institution;
                (bb) were employed, in an occupation for which the 
            institution provided training, for at least 13 weeks before 
            the date following 12 months after the date of their last 
            day of attendance at the institution; or
                (cc) entered active duty in the Armed Forces of the 
            United States.

            (IV) The placement rate shall not include as placements a 
        student or former student for whom the institution is the 
        employer.

        (B) For purposes of determining a rate of completion and a 
    placement rate under this paragraph, a student is originally 
    scheduled, at the time of enrollment, to complete the educational 
    program on the date when the student will have been enrolled in the 
    program for the amount of time normally required to complete the 
    program. The amount of time normally required to complete the 
    program for a student who is initially enrolled full-time is the 
    period of time specified in the institution's enrollment contract, 
    catalog, or other materials, for completion of the program by a 
    full-time student. For a student who is initially enrolled less than 
    full-time, the period is the amount of time it would take the 
    student to complete the program if the student remained enrolled at 
    that level of enrollment throughout the program.

         (5) Reduction of default rates at certain minority 
                                institutions

        (A) Beneficiaries of exception required to establish management 
                plan

            After July 1, 1999, any institution that has a cohort 
        default rate that equals or exceeds 25 percent for each of the 
        three most recent fiscal years for which data are available and 
        that relies on the exception in subparagraph (B) to continue to 
        be an eligible institution shall--
                (i) submit to the Secretary a default management plan 
            which the Secretary, in the Secretary's discretion, after 
            consideration of the institution's history, resources, 
            dollars in default, and targets for default reduction, 
            determines is acceptable and provides reasonable assurance 
            that the institution will, by July 1, 2004, have a cohort 
            default rate that is less than 25 percent;
                (ii) engage an independent third party (which may be 
            paid with funds received under section 1059d of this title 
            or part B of subchapter III of this chapter) to provide 
            technical assistance in implementing such default management 
            plan; and
                (iii) provide to the Secretary, on an annual basis or at 
            such other intervals as the Secretary may require, evidence 
            of cohort default rate improvement and successful 
            implementation of such default management plan.

        (B) Discretionary eligibility conditioned on improvement

            Notwithstanding the expiration of the exception in paragraph 
        (2)(C), the Secretary may, in the Secretary's discretion, 
        continue to treat an institution described in subparagraph (A) 
        of this paragraph as an eligible institution for each of the 1-
        year periods beginning on July 1 of 1999 through 2003, only if 
        the institution submits by the beginning of such period evidence 
        satisfactory to the Secretary that--
                (i) such institution has complied and is continuing to 
            comply with the requirements of subparagraph (A); and
                (ii) such institution has made substantial improvement, 
            during each of the preceding 1-year periods, in the 
            institution's cohort default rate.

                    (6) Participation rate index

        (A) In general

            An institution that demonstrates to the Secretary that the 
        institution's participation rate index is equal to or less than 
        0.0375 for any of the 3 most recent fiscal years for which data 
        is available shall not be subject to paragraph (2). The 
        participation rate index shall be determined by multiplying the 
        institution's cohort default rate for loans under this part or 
        part C of this subchapter, or weighted average cohort default 
        rate for loans under this part and part C of this subchapter, by 
        the percentage of the institution's regular students, enrolled 
        on at least a half-time basis, who received a loan made under 
        this part or part C of this subchapter for a 12-month period 
        ending during the 6 months immediately preceding the fiscal year 
        for which the cohort of borrowers used to calculate the 
        institution's cohort default rate is determined.

        (B) Data

            An institution shall provide the Secretary with sufficient 
        data to determine the institution's participation rate index 
        within 30 days after receiving an initial notification of the 
        institution's draft cohort default rate.

        (C) Notification

            Prior to publication of a final cohort default rate for an 
        institution that provides the data described in subparagraph 
        (B), the Secretary shall notify the institution of the 
        institution's compliance or noncompliance with subparagraph (A).

(b), (c) Repealed. Pub. L. 102-325, title IV, Sec. 427(b)(1), (c), July 
        23, 1992, 106 Stat. 549

(d) Eligible lender

                           (1) In general

        Except as provided in paragraphs (2) through (6), the term 
    ``eligible lender'' means--
            (A) a National or State chartered bank, a mutual savings 
        bank, a savings and loan association, a stock savings bank, or a 
        credit union which--
                (i) is subject to examination and supervision by an 
            agency of the United States or of the State in which its 
            principal place of operation is established, and
                (ii) does not have as its primary consumer credit 
            function the making or holding of loans made to students 
            under this part unless (I) it is a bank which is wholly 
            owned by a State, or a bank which is subject to examination 
            and supervision by an agency of the United States, makes 
            student loans as a trustee pursuant to an express trust, 
            operated as a lender under this part prior to January 1, 
            1975, and which meets the requirements of this provision 
            prior to July 23, 1992, (II) it is a single wholly owned 
            subsidiary of a bank holding company which does not have as 
            its primary consumer credit function the making or holding 
            of loans made to students under this part, or (III) it is a 
            bank (as defined in section 1813(a)(1) of title 12) that is 
            a wholly owned subsidiary of a nonprofit foundation, the 
            foundation is described in section 501(c)(3) of title 26 and 
            exempt from taxation under section 501(1) of such title, and 
            the bank makes loans under this part only to undergraduate 
            students who are age 22 or younger and has a portfolio of 
            such loans that is not more than $5,000,000;

            (B) a pension fund as defined in the Employee Retirement 
        Income Security Act [29 U.S.C. 1001 et seq.];
            (C) an insurance company which is subject to examination and 
        supervision by an agency of the United States or a State;
            (D) in any State, a single agency of the State or a single 
        nonprofit private agency designated by the State;
            (E) an eligible institution which meets the requirements of 
        paragraphs (2) through (5) of this subsection;
            (F) for purposes only of purchasing and holding loans made 
        by other lenders under this part, the Student Loan Marketing 
        Association or the Holding Company of the Student Loan Marketing 
        Association, including any subsidiary of the Holding Company, 
        created pursuant to section 1087-3 of this title, or an agency 
        of any State functioning as a secondary market;
            (G) for purposes of making loans under sections 1078-
        1(d),\1\ 1078-2(d), 1078-3, and 1087-2(q) of this title, the 
        Student Loan Marketing Association or the Holding Company of the 
        Student Loan Marketing Association, including any subsidiary of 
        the Holding Company, created pursuant to section 1087-3 of this 
        title;
            (H) for purposes of making loans under sections 1078(h) and 
        1078(j) of this title, a guaranty agency;
            (I) a Rural Rehabilitation Corporation, or its successor 
        agency, which has received Federal funds under Public Law 499, 
        Eighty-first Congress (64 Stat. 98 (1950));
            (J) for purpose of making loans under section 1078-3 of this 
        title, any nonprofit private agency functioning in any State as 
        a secondary market; and
            (K) a consumer finance company subsidiary of a national bank 
        which, as of October 7, 1998, through one or more subsidiaries: 
        (i) acts as a small business lending company, as determined 
        under regulations of the Small Business Administration under 
        section 120.470 of title 13, Code of Federal Regulations (as 
        such section is in effect on October 7, 1998); and (ii) 
        participates in the program authorized by this part pursuant to 
        subparagraph (C), provided the national bank and all of the 
        bank's direct and indirect subsidiaries taken together as a 
        whole, do not have, as their primary consumer credit function, 
        the making or holding of loans made to students under this part.

        (2) Additional requirements of eligible institutions

        To be an eligible lender under this part, an eligible 
    institution--
            (A) shall employ at least one person whose full-time 
        responsibilities are limited to the administration of programs 
        of financial aid for students attending such institution;
            (B) shall not be a home study school;
            (C) shall make loans to not more than 50 percent of the 
        undergraduate students at the institution;
            (D) shall not make a loan, other than a loan to a graduate 
        or professional student, unless the borrower has previously 
        received a loan from the school or has been denied a loan by an 
        eligible lender;
            (E) shall not have a cohort default rate (as defined in 
        subsection (m) of this section) greater than 15 percent; and
            (F) shall use the proceeds from special allowance payments 
        and interest payments from borrowers for need-based grant 
        programs, except for reasonable reimbursement for direct 
        administrative expenses;

    except that the requirements of subparagraphs (C) and (D) shall not 
    apply with respect to loans made, and loan commitments made, after 
    October 17, 1986, and prior to July 1, 1987.

             (3) Disqualification for high default rates

        The term ``eligible lender'' does not include any eligible 
    institution in any fiscal year immediately after the fiscal year in 
    which the Secretary determines, after notice and opportunity for a 
    hearing, that for each of 2 consecutive years, 15 percent or more of 
    the total amount of such loans as are described in section 
    1078(a)(1) of this title made by the institution with respect to 
    students at that institution and repayable in each such year, are in 
    default, as defined in subsection (m) of this section.

                   (4) Waiver of disqualification

        Whenever the Secretary determines that--
            (A) there is reasonable possibility that an eligible 
        institution may, within 1 year after a determination is made 
        under paragraph (3), improve the collection of loans described 
        in section 1078(a)(1) of this title, so that the application of 
        paragraph (3) would be a hardship to that institution, or
            (B) the termination of the lender's status under paragraph 
        (3) would be a hardship to the present or for prospective 
        students of the eligible institution, after considering the 
        management of that institution, the ability of that institution 
        to improve the collection of loans, the opportunities that 
        institution offers to economically disadvantaged students, and 
        other related factors,

    the Secretary shall waive the provisions of paragraph (3) with 
    respect to that institution. Any determination required under this 
    paragraph shall be made by the Secretary prior to the termination of 
    an eligible institution as a lender under the exception of paragraph 
    (3). Whenever the Secretary grants a waiver pursuant to this 
    paragraph, the Secretary shall provide technical assistance to the 
    institution concerned in order to improve the collection rate of 
    such loans.

         (5) Disqualification for use of certain incentives

        The term ``eligible lender'' does not include any lender that 
    the Secretary determines, after notice and opportunity for a 
    hearing, has after October 17, 1986--
            (A) offered, directly or indirectly, points, premiums, 
        payments, or other inducements, to any educational institution 
        or individual in order to secure applicants for loans under this 
        part;
            (B) conducted unsolicited mailings to students of student 
        loan application forms, except to students who have previously 
        received loans under this part from such lender;
            (C) offered, directly or indirectly, loans under this part 
        as an inducement to a prospective borrower to purchase a policy 
        of insurance or other product; or
            (D) engaged in fraudulent or misleading advertising.

    It shall not be a violation of this paragraph for a lender to 
    provide assistance to institutions of higher education comparable to 
    the kinds of assistance provided to institutions of higher education 
    by the Department of Education.

                     (6) Rebate fee requirement

        To be an eligible lender under this part, an eligible lender 
    shall pay rebate fees in accordance with section 1078-3(f) of this 
    title.

(e) Line of credit

    The term ``line of credit'' means an arrangement or agreement 
between the lender and the borrower whereby a loan is paid out by the 
lender to the borrower in annual installments, or whereby the lender 
agrees to make, in addition to the initial loan, additional loans in 
subsequent years.

(f) Due diligence

    The term ``due diligence'' requires the utilization by a lender, in 
the servicing and collection of loans insured under this part, of 
servicing and collection practices at least as extensive and forceful as 
those generally practiced by financial institutions for the collection 
of consumer loans.

(g), (h) Repealed. Pub. L. 102-325, title IV, Sec. 427(f), July 23, 
        1992, 106 Stat. 550

(i) Holder

    The term ``holder'' means an eligible lender who owns a loan.

(j) Guaranty agency

    The term ``guaranty agency'' means any State or nonprofit private 
institution or organization with which the Secretary has an agreement 
under section 1078(b) of this title.

(k) Insurance beneficiary

    The term ``insurance beneficiary'' means the insured or its 
authorized representative assigned in accordance with section 1079(d) of 
this title.

(l) Default

    Except as provided in subsection (m) of this section, the term 
``default'' includes only such defaults as have existed for (1) 270 days 
in the case of a loan which is repayable in monthly installments, or (2) 
330 days in the case of a loan which is repayable in less frequent 
installments.

(m) Cohort default rate

                           (1) In general

        (A) Except as provided in paragraph (2), the term ``cohort 
    default rate'' means, for any fiscal year in which 30 or more 
    current and former students at the institution enter repayment on 
    loans under section 1078, 1078-1,\2\ or 1078-8 of this title 
    received for attendance at the institution, the percentage of those 
    current and former students who enter repayment on such loans (or on 
    the portion of a loan made under section 1078-3 of this title that 
    is used to repay any such loans) received for attendance at that 
    institution in that fiscal year who default before the end of the 
    following fiscal year. The Secretary shall require that each 
    guaranty agency that has insured loans for current or former 
    students of the institution afford such institution a reasonable 
    opportunity (as specified by the Secretary) to review and correct 
    errors in the information required to be provided to the Secretary 
    by the guaranty agency for the purposes of calculating a cohort 
    default rate for such institution, prior to the calculation of such 
    rate.
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        (B) In determining the number of students who default before the 
    end of such fiscal year, the Secretary shall include only loans for 
    which the Secretary or a guaranty agency has paid claims for 
    insurance. In considering appeals with respect to cohort default 
    rates pursuant to subsection (a)(3) of this section, the Secretary 
    shall exclude, from the calculation of the number of students who 
    entered repayment and from the calculation of the number of students 
    who default, any loans which, due to improper servicing or 
    collection, would, as demonstrated by the evidence submitted in 
    support of the institution's timely appeal to the Secretary, result 
    in an inaccurate or incomplete calculation of such cohort default 
    rate.
        (C) For any fiscal year in which fewer than 30 of the 
    institution's current and former students enter repayment, the term 
    ``cohort default rate'' means the percentage of such current and 
    former students who entered repayment on such loans (or on the 
    portion of a loan made under section 1078-3 of this title that is 
    used to repay any such loans) in any of the three most recent fiscal 
    years, who default before the end of the fiscal year immediately 
    following the year in which they entered repayment.

                          (2) Special rules

        (A) In the case of a student who has attended and borrowed at 
    more than one school, the student (and such student's subsequent 
    repayment or default) is attributed to each school for attendance at 
    which the student received a loan that entered repayment in the 
    fiscal year.
        (B) A loan on which a payment is made by the school, such 
    school's owner, agent, contractor, employee, or any other entity or 
    individual affiliated with such school, in order to avoid default by 
    the borrower, is considered as in default for purposes of this 
    subsection.
        (C) Any loan which has been rehabilitated before the end of such 
    following fiscal year is not considered as in default for the 
    purposes of this subsection. The Secretary may require guaranty 
    agencies to collect data with respect to defaulted loans in a manner 
    that will permit the identification of any defaulted loan for which 
    (i) the borrower is currently making payments and has made not less 
    than 6 consecutive on-time payments by the end of such following 
    fiscal year, and (ii) a guaranty agency has renewed the borrower's 
    title IV eligibility as provided in section 1078-6(b) of this title.
        (D) For the purposes of this subsection, a loan made in 
    accordance with section 1078-1 \2\ of this title (or the portion of 
    a loan made under section 1078-3 of this title that is used to repay 
    a loan made under section 1078-1 \2\ of this title) shall not be 
    considered to enter repayment until after the borrower has ceased to 
    be enrolled in a course of study leading to a degree or certificate 
    at an eligible institution on at least a half-time basis (as 
    determined by the institution) and ceased to be in a period of 
    forbearance based on such enrollment. Each eligible lender of a loan 
    made under section 1078-1 \2\ of this title (or a loan made under 
    section 1078-3 of this title a portion of which is used to repay a 
    loan made under section 1078-1 \2\ of this title) shall provide the 
    guaranty agency with the information necessary to determine when the 
    loan entered repayment for purposes of this subsection, and the 
    guaranty agency shall provide such information to the Secretary.

                 (3) Regulations to prevent evasions

        The Secretary shall prescribe regulations designed to prevent an 
    institution from evading the application to that institution of a 
    default rate determination under this subsection through the use of 
    such measures as branching, consolidation, change of ownership or 
    control, or any similar device.

        (4) Collection and reporting of cohort default rates

        (A) The Secretary shall collect data from all insurers under 
    this part and shall publish not less often than once every fiscal 
    year a report showing default data for each category of institution, 
    including (i) 4-year public institutions, (ii) 4-year private 
    institutions, (iii) 2-year public institutions, (iv) 2-year private 
    institutions, (v) 4-year proprietary institutions, (vi) 2-year 
    proprietary institutions, and (vii) less than 2-year proprietary 
    institutions.
        (B) The Secretary may designate such additional subcategories 
    within the categories specified in subparagraph (A) as the Secretary 
    deems appropriate.
        (C) The Secretary shall publish not less often than once every 
    fiscal year a report showing default data for each institution for 
    which a cohort default rate is calculated under this subsection.
        (D) The Secretary shall publish the report described in 
    subparagraph (C) by September 30 of each year.

(n) Repealed. Pub. L. 102-325, title IV, Sec. 427(f), July 23, 1992, 106 
        Stat. 550

(o) Economic hardship

                           (1) In general

        For purposes of this part and part D of this subchapter, a 
    borrower shall be considered to have an economic hardship if--
            (A) such borrower is working full-time and is earning an 
        amount which does not exceed the greater of--
                (i) the minimum wage rate described in section 206 of 
            title 29; or
                (ii) an amount equal to 100 percent of the poverty line 
            for a family of 2 as determined in accordance with section 
            9902(2) of title 42;

            (B) such borrower is working full-time and has a Federal 
        educational debt burden that equals or exceeds 20 percent of 
        such borrower's adjusted gross income, and the difference 
        between such borrower's adjusted gross income minus such burden 
        is less than 220 percent of the greater of--
                (i) the annual earnings of an individual earning the 
            minimum wage under section 206 of title 29; or
                (ii) the income official poverty line (as defined by the 
            Office of Management and Budget, and revised annually in 
            accordance with section 9902(2) of title 42) applicable to a 
            family of two; or

            (C) such borrower meets such other criteria as are 
        established by the Secretary by regulation in accordance with 
        paragraph (2).

                         (2) Considerations

        In establishing criteria for purposes of paragraph (1)(C), the 
    Secretary shall consider the borrower's income and debt-to-income 
    ratio as primary factors.

(Pub. L. 89-329, title IV, Sec. 435, as added Pub. L. 99-498, title IV, 
Sec. 402(a), Oct. 17, 1986, 100 Stat. 1408; amended Pub. L. 100-50, 
Sec. 10(aa), June 3, 1987, 101 Stat. 347; Pub. L. 101-239, title II, 
Secs. 2003(a)(2), 2007(a), Dec. 19, 1989, 103 Stat. 2113, 2120; Pub. L. 
101-508, title III, Sec. 3004(a), Nov. 5, 1990, 104 Stat. 1388-26; Pub. 
L. 101-542, title III, Sec. 301, Nov. 8, 1990, 104 Stat. 2387; Pub. L. 
102-26, Sec. 2(a)(1), Apr. 9, 1991, 105 Stat. 123; Pub. L. 102-325, 
title IV, Secs. 416(e)(2), 427(a), (b)(1), (c)-(g), July 23, 1992, 106 
Stat. 519, 549, 550; Pub. L. 103-66, title IV, Secs. 4046(b)(1), 
4106(b), Aug. 10, 1993, 107 Stat. 362, 368; Pub. L. 103-208, 
Sec. 2(c)(55)-(62), Dec. 20, 1993, 107 Stat. 2468, 2469; Pub. L. 103-
235, Sec. 1, Apr. 28, 1994, 108 Stat. 381; Pub. L. 103-382, title III, 
Sec. 357, Oct. 20, 1994, 108 Stat. 3967; Pub. L. 104-208, div. A, title 
I, Sec. 101(e) [title VI, Sec. 602(b)(1)(A)], Sept. 30, 1996, 110 Stat. 
3009-233, 3009-283; Pub. L. 105-244, title I, Sec. 102(b)(2), title IV, 
Sec. 429(a)-(c)(1), (d), title IX, Sec. 901(d), Oct. 7, 1998, 112 Stat. 
1622, 1704-1709, 1828; Pub. L. 106-554, Sec. 1(a)(1) [title III, 
Secs. 308(a), 312], Dec. 21, 2000, 114 Stat. 2763, 2763A-45, 2763A-46.)

                       References in Text

    Section 1801(a)(4) of title 25, referred to in subsec. 
(a)(2)(C)(ii), was amended by Pub. L. 105-244, title IX, Sec. 901(b)(5), 
Oct. 7, 1998, 112 Stat. 1828, and, as so amended, no longer defines the 
term ``tribally controlled community college''.
    The Navajo Community College Act, referred to in subsec. 
(a)(2)(C)(iii), is Pub. L. 92-189, Dec. 15, 1971, 85 Stat. 646, as 
amended, which is classified to section 640a et seq. of Title 25, 
Indians. For complete classification of this Act to the Code, see Short 
Title note set out under section 640a of Title 25 and Tables.
    The Employee Retirement Income Security Act, referred to in subsec. 
(d)(1)(B), probably means the Employee Retirement Income Security Act of 
1974, Pub. L. 93-406, Sept. 2, 1974, 88 Stat. 829, as amended, which is 
classified principally to chapter 18 (Sec. 1001 et seq.) of Title 29, 
Labor. For complete classification of this Act to the Code, see Short 
Title note set out under section 1001 of Title 29 and Tables.
    Section 1078-1 of this title, referred to in subsecs. (a)(3)(B), 
(d)(1)(G), and (m)(1)(A), (2)(D), was repealed by Pub. L. 103-66, title 
IV, Sec. 4047(b)-(d), Aug. 10, 1993, 107 Stat. 364, eff. July 1, 1994, 
except with respect to loans provided under that section as it existed 
prior to Aug. 10, 1993. Subsequently, a new section 1078-1, relating to 
voluntary flexible agreements with guaranty agencies, was enacted by 
Pub. L. 105-244, title IV, Sec. 418, Oct. 7, 1998, 112 Stat. 1691.
    Public Law 499, Eighty-first Congress (64 Stat. 98 (1950)), referred 
to in subsec. (d)(1)(I), is act May 3, 1950, ch. 152, 64 Stat. 98, known 
as the Rural Rehabilitation Corporation Trust Liquidation Act, which was 
classified to sections 440 to 444 of Title 40, Public Buildings, 
Property, and Works and as notes set out under section 1001 of Title 7, 
Agriculture, and section 440 of Title 40, and was omitted from the Code.
    Title IV, referred to in subsec. (m)(2)(C), means title IV of the 
Higher Education Act of 1965, Pub. L. 89-329, which is classified 
generally to this subchapter and part C (Sec. 2751 et seq.) of 
subchapter I of chapter 34 of Title 42, The Public Health and Welfare. 
For complete classification of title IV to the Code, see Tables.


                            Prior Provisions

    A prior section 1085, Pub. L. 89-329, title IV, Sec. 435, Nov. 8, 
1965, 79 Stat. 1247; Pub. L. 89-698, title II, Sec. 204, Oct. 29, 1966, 
80 Stat. 1072; Pub. L. 90-575, title I, Secs. 116(a), 118(a), Oct. 16, 
1968, 82 Stat. 1023, 1026; Pub. L. 94-482, title I, Sec. 127(a), Oct. 
12, 1976, 90 Stat. 2130; Pub. L. 95-43, Sec. 1(a)(35), (36), June 15, 
1977, 91 Stat. 216; Pub. L. 96-374, title IV, Secs. 413(e), 421(e)(2), 
title XIII, Sec. 1391(a)(1), Oct. 3, 1980, 94 Stat. 1418, 1432, 1503; 
Pub. L. 99-272, title XVI, Secs. 16017(b)(2), 16020, Apr. 7, 1986, 100 
Stat. 347, 349, defined terms used in this part, prior to the general 
revision of this part by Pub. L. 99-498.


                               Amendments

    2000--Subsec. (a)(2)(D). Pub. L. 106-554, Sec. 1(a)(1) [title III, 
Sec. 308(a)], added subpar. (D).
    Subsec. (a)(5)(A)(i). Pub. L. 106-554, Sec. 1(a)(1) [title III, 
Sec. 312(1)], substituted ``July 1, 2004,'' for ``July 1, 2002,''.
    Subsec. (a)(5)(B). Pub. L. 106-554, Sec. 1(a)(1) [title III, 
Sec. 312(2)], substituted ``1999 through 2003'' for ``1999, 2000, and 
2001'' in introductory provisions.
    1998--Subsec. (a)(1). Pub. L. 105-244, Sec. 102(b)(2), substituted 
``section 1002'' for ``section 1088''.
    Subsec. (a)(2)(A). Pub. L. 105-244, Sec. 429(a)(1)(A)(i), (ii), 
struck out ``or'' at end of cl. (i), added cls. (ii) and (iii), and 
struck out former cl. (ii) which read as follows: ``there are, in the 
judgment of the Secretary, exceptional mitigating circumstances that 
would make the application of this paragraph inequitable.''
    Pub. L. 105-244, Sec. 429(a)(1)(A)(iii), inserted at end of 
concluding provisions ``If an institution continues to participate in a 
program under this part, and the institution's appeal of the loss of 
eligibility is unsuccessful, the institution shall be required to pay to 
the Secretary an amount equal to the amount of interest, special 
allowance, reinsurance, and any related payments made by the Secretary 
(or which the Secretary is obligated to make) with respect to loans made 
under this part to students attending, or planning to attend, that 
institution during the pendency of such appeal.''
    Subsec. (a)(2)(C). Pub. L. 105-244, Sec. 429(a)(1)(B), substituted 
``July 1, 1999,'' for ``July 1, 1998,'' in introductory provisions.
    Subsec. (a)(2)(C)(ii). Pub. L. 105-244, Sec. 901(d), made technical 
amendment to reference in original act which appears in text as 
reference to section 1801(a)(4) of title 25.
    Subsec. (a)(3). Pub. L. 105-244, Sec. 429(a)(2), in concluding 
provisions, inserted ``for a reasonable period of time, not to exceed 30 
days,'' after ``access'' and substituted ``used by a guaranty agency in 
determining whether to pay a claim on a defaulted loan or by the 
Department in determining an institution's default rate in the loan 
program under part C of this subchapter'' for ``of the affected guaranty 
agencies and loan servicers for a reasonable period of time, not to 
exceed 30 days''.
    Subsec. (a)(4) to (6). Pub. L. 105-244, Sec. 429(a)(3), added pars. 
(4) to (6).
    Subsec. (d)(1)(A)(ii)(III). Pub. L. 105-244, Sec. 429(b)(1)(A), 
added subcl. (III).
    Subsec. (d)(1)(K). Pub. L. 105-244, Sec. 429(b)(1)(B)-(D), added 
subpar. (K).
    Subsec. (d)(5). Pub. L. 105-244, Sec. 429(b)(2), inserted concluding 
provisions.
    Subsec. (l). Pub. L. 105-244, Sec. 429(c)(1), substituted ``270 
days'' for ``180 days'' and ``330 days'' for ``240 days''.
    Subsec. (m)(1)(B). Pub. L. 105-244, Sec. 429(d)(1), substituted 
``insurance. In considering appeals with respect to cohort default rates 
pursuant to subsection (a)(3) of this section, the Secretary shall 
exclude, from the calculation of the number of students who entered 
repayment and from the calculation of the number of students who 
default,'' for ``insurance, and, in considering appeals with respect to 
cohort default rates pursuant to subsection (a)(3) of this section, 
exclude''.
    Subsec. (m)(2)(C). Pub. L. 105-244, Sec. 429(d)(2), inserted at end 
``The Secretary may require guaranty agencies to collect data with 
respect to defaulted loans in a manner that will permit the 
identification of any defaulted loan for which (i) the borrower is 
currently making payments and has made not less than 6 consecutive on-
time payments by the end of such following fiscal year, and (ii) a 
guaranty agency has renewed the borrower's title IV eligibility as 
provided in section 1078-6(b) of this title.''
    Subsec. (m)(4)(D). Pub. L. 105-244, Sec. 429(d)(3), added subpar. 
(D).
    1996--Subsec. (d)(1)(F). Pub. L. 104-208, Sec. 101(e) [title VI, 
Sec. 602(b)(1)(A)(i)], inserted ``or the Holding Company of the Student 
Loan Marketing Association, including any subsidiary of the Holding 
Company, created pursuant to section 1087-3 of this title,'' after 
``Student Loan Marketing Association''.
    Subsec. (d)(1)(G). Pub. L. 104-208, Sec. 101(e) [title VI, 
Sec. 602(b)(1)(A)(ii)], inserted ``or the Holding Company of the Student 
Loan Marketing Association, including any subsidiary of the Holding 
Company, created pursuant to section 1087-3 of this title'' after 
``Student Loan Marketing Association''.
    1994--Subsec. (a)(2)(C). Pub. L. 103-235 substituted ``July 1, 
1998'' for ``July 1, 1994''.
    Subsec. (o)(1). Pub. L. 103-382, Sec. 357(1)-(3), struck out ``or'' 
at end of subpar. (A), added subpar. (B), and redesignated former 
subpar. (B) as (C).
    Subsec. (o)(2). Pub. L. 103-382, Sec. 357(4), substituted ``(1)(C)'' 
for ``(1)(B)''.
    1993--Subsec. (a)(3). Pub. L. 103-208, Sec. 2(c)(55), added par. 
(3).
    Subsec. (d)(1). Pub. L. 103-66, Sec. 4106(b)(1), in par. (1) 
substituted ``through (6)'' for ``through (5)'' in introductory 
provisions.
    Subsec. (d)(2). Pub. L. 103-208, Sec. 2(c)(57), realigned margins of 
closing provisions.
    Subsec. (d)(2)(D). Pub. L. 103-208, Sec. 2(c)(56), substituted 
``lender;'' for ``lender; and''.
    Subsec. (d)(3). Pub. L. 103-208, Sec. 2(c)(58), substituted 
``subsection (m)'' for ``subsection (o)''.
    Subsec. (d)(6). Pub. L. 103-66, Sec. 4106(b)(2), added par. (6).
    Subsec. (m)(1). Pub. L. 103-66, Sec. 4046(b)(1)(C), which directed 
the insertion in par. (1)(D) of ``(or the portion of a loan made under 
section 1078-3 of this title that is used to repay a loan made under 
such section)'' after ``section 1078-1 of this title'' the first place 
it appears, and ``(or a loan made under section 1078-3 of this title a 
portion of which is used to repay a loan made under such section)'' 
after ``section 1078-1 of this title'' the second place it appears, 
could not be executed because subsec. (m)(1) does not contain a subpar. 
(D).
    Subsec. (m)(1)(A). Pub. L. 103-208, Sec. 2(c)(60)(A), inserted at 
end ``The Secretary shall require that each guaranty agency that has 
insured loans for current or former students of the institution afford 
such institution a reasonable opportunity (as specified by the 
Secretary) to review and correct errors in the information required to 
be provided to the Secretary by the guaranty agency for the purposes of 
calculating a cohort default rate for such institution, prior to the 
calculation of such rate.''
    Pub. L. 103-208, Sec. 2(c)(59), substituted ``section 1078, 1078-1, 
or 1078-8'' for ``section 1078 or 1078-1''.
    Pub. L. 103-66, Sec. 4046(b)(1)(A), inserted ``(or on the portion of 
a loan made under section 1078-3 of this title that is used to repay any 
such loans)'' after ``on such loans''.
    Subsec. (m)(1)(B). Pub. L. 103-208, Sec. 2(c)(60)(B), substituted 
``and, in considering appeals with respect to cohort default rates 
pursuant to subsection (a)(3) of this section, exclude any loans which, 
due to improper servicing or collection, would, as demonstrated by the 
evidence submitted in support of the institution's timely appeal to the 
Secretary, result in an inaccurate or incomplete calculation of such 
cohort default rate.'' for ``and, in calculating the cohort default 
rate, exclude any loans which, due to improper servicing or collection, 
would result in an inaccurate or incomplete calculation of the cohort 
default rate.''
    Subsec. (m)(1)(C). Pub. L. 103-66, Sec. 4046(b)(1)(B), inserted 
``(or on the portion of a loan made under section 1078-3 of this title 
that is used to repay any such loans)'' after ``on such loans''.
    Subsec. (m)(2)(D). Pub. L. 103-208, Sec. 2(c)(61), inserted ``(or 
the portion of a loan made under section 1078-3 of this title that is 
used to repay a loan made under section 1078-1 of this title)'' after 
``in accordance with section 1078-1 of this title'', and ``(or a loan 
made under section 1078-3 of this title a portion of which is used to 
repay a loan made under section 1078-1 of this title)'' after ``a loan 
made under section 1078-1 of this title''.
    Subsec. (m)(4). Pub. L. 103-208, Sec. 2(c)(62), added par. (4).
    1992--Subsec. (a)(1). Pub. L. 102-325, Sec. 427(a)(1), added par. 
(1) and struck out former par. (1) which read as follows: ``Subject to 
subsection (n) of this section, the term `eligible institution' means--
        ``(A) an institution of higher education;
        ``(B) a vocational school; or
        ``(C) with respect to students who are nationals of the United 
    States, an institution outside the United States which is comparable 
    to an institution of higher education or to a vocational school and 
    which has been approved by the Secretary for the purpose of this 
    part,
except that such term does not include any such institution or school 
which employs or uses commissioned salesmen to promote the availability 
of any loan program described in section 1078(a)(1), 1078-1, or 1078-2 
of this title at that institution or school.''
    Subsec. (a)(2). Pub. L. 102-325, Sec. 427(a)(3), struck out ``and'' 
at end of subpar. (B)(i), substituted ``fiscal year 1993; and'' for 
``any succeeding fiscal year.'' in subpar. (B)(ii), and added subpar. 
(B)(iii).
    Pub. L. 102-325, Sec. 427(a)(1), (2), redesignated par. (3) as (2) 
and struck out former par. (2) which required Secretary to establish 
criteria for qualifying foreign medical schools as ``eligible 
institutions''.
    Subsec. (a)(3). Pub. L. 102-325, Sec. 427(a)(2), redesignated par. 
(3) as (2).
    Subsec. (b). Pub. L. 102-325, Sec. 427(b)(1), struck out subsec. (b) 
which defined ``institution of higher education''.
    Subsec. (c). Pub. L. 102-325, Sec. 427(c), struck out subsec. (c) 
which defined ``vocational school''.
    Subsec. (d)(1)(A). Pub. L. 102-325, Sec. 427(d)(1), in introductory 
provisions, struck out ``a trust company,'' after ``stock savings 
bank,'' and in cl. (ii), inserted at end of subcl. (I) ``or a bank which 
is subject to examination and supervision by an agency of the United 
States, makes student loans as a trustee pursuant to an express trust, 
operated as a lender under this part prior to January 1, 1975, and which 
meets the requirements of this provision prior to July 23, 1992, or'' 
and substituted a semicolon for ``or (III) it is a trust company which 
makes student loans as a trustee pursuant to an express trust and which 
operated as a lender under this part prior to January 1, 1981;''.
    Subsec. (d)(2)(E), (F). Pub. L. 102-325, Sec. 427(d)(2), added 
subpars. (E) and (F).
    Subsec. (f). Pub. L. 102-325, Sec. 427(e), inserted ``servicing 
and'' before ``collection practices''.
    Subsecs. (g), (h). Pub. L. 102-325, Sec. 427(f), struck out subsec. 
(g) which defined ``temporarily totally disabled'' and subsec. (h) which 
defined ``parental leave''.
    Subsec. (m). Pub. L. 102-325, Sec. 427(g), amended subsec. (m) 
generally, revising and restating as pars. (1) to (3) provisions 
formerly contained in a single paragraph.
    Subsec. (n). Pub. L. 102-325, Sec. 427(f), struck out subsec. (n) 
which related to impact of loss of accreditation on certification or 
recertification as an eligible institution.
    Subsec. (o). Pub. L. 102-325, Sec. 416(e)(2), added subsec. (o).
    1991--Subsec. (c)(1). Pub. L. 102-26 substituted ``or who are beyond 
the age of compulsory school attendance in the State in which the 
institution is located'' for ``and who have the ability to benefit (as 
determined by the institution under section 1088(d) of this title) from 
the training offered by such institution;''.
    1990--Subsec. (a)(3). Pub. L. 101-508 added par. (3).
    Subsec. (l). Pub. L. 101-542, Sec. 301(1), substituted ``Except as 
provided in subsection (m) of this section, the term'' for ``The term''.
    Subsec. (m). Pub. L. 101-542, Sec. 301(2), inserted after first 
sentence ``In determining the number of students who default before the 
end of such fiscal year, the Secretary shall include only loans for 
which the Secretary or a guaranty agency has paid claims for insurance, 
and, in calculating the cohort default rate, exclude any loans which, 
due to improper servicing or collection, would result in an inaccurate 
or incomplete calculation of the cohort default rate.''
    1989--Subsec. (a)(1). Pub. L. 101-239, Sec. 2007(a)(1), substituted 
``Subject to subsection (n) of this section, the term'' for ``The 
term''.
    Subsec. (m). Pub. L. 101-239, Sec. 2003(a)(2), added subsec. (m).
    Subsec. (n). Pub. L. 101-239, Sec. 2007(a)(2), added subsec. (n).
    1987--Subsec. (b)(3). Pub. L. 100-50, Sec. 10(aa)(1), inserted ``, 
or in the case of a hospital or health care facility, which provides 
training of not less than one year for graduates of accredited health 
professions programs, leading to a degree or certificate upon completion 
of such training'' before semicolon at end.
    Subsec. (d)(1)(J). Pub. L. 100-50, Sec. 10(aa)(2), added subpar. 
(J).
    Subsec. (d)(2). Pub. L. 100-50, Sec. 10(aa)(3), added subpars. (C) 
and (D) and inserted concluding provision that the requirements of 
subpars. (C) and (D) not apply with respect to loans made, and loan 
commitments made, after Oct. 17, 1986, and prior to July 1, 1987.
    Subsec. (g)(2). Pub. L. 100-50, Sec. 10(aa)(4), added par. (2) and 
struck out former par. (2) which read as follows: ``Such term when used 
with respect to the disabled dependent of a single parent borrower means 
a dependent who, by reason of injury or illness, cannot be expected to 
be able to attend school or to be gainfully employed during a period of 
injury or illness of not less than 3 months and who during such period 
requires continuous nursing or similar services.''
    Subsec. (h). Pub. L. 100-50, Sec. 10(aa)(5), struck out ``Definition 
of'' before ``Parental'' in heading.


                    Effective Date of 2000 Amendment

    Pub. L. 106-554, Sec. 1(a)(1) [title III, Sec. 308(b)], Dec. 21, 
2000, 114 Stat. 2763, 2763A-45, provided that: ``The amendment made by 
subsection (a) of this section [amending this section] shall be 
effective for cohort default rate calculations for fiscal years 1997 and 
1998.''


                    Effective Date of 1998 Amendment

    Amendment by sections 102(b)(2) and 429(a), (b), (d) of Pub. L. 105-
244 effective Oct. 1, 1998, except as otherwise provided in Pub. L. 105-
244, see section 3 of Pub. L. 105-244, set out as a note under section 
1001 of this title.
    Pub. L. 105-244, title IV, Sec. 429(c)(2), Oct. 7, 1998, 112 Stat. 
1708, provided that: ``The amendment made by paragraph (1) [amending 
this section] shall apply with respect to loans for which the first day 
of delinquency occurs on or after the date of enactment of this Act 
[Oct. 7, 1998].''


                    Effective Date of 1996 Amendment

    Amendment by Pub. L. 104-208 effective on reorganization effective 
date as defined in section 1087-3(h) of this title, see section 101(e) 
[title VI, Sec. 602(b)(1)(B)] of Pub. L. 104-208, set out as a note 
under section 1078-3 of this title.


                    Effective Date of 1993 Amendments

    Amendments by section 2(c)(55), (60)(B) of Pub. L. 103-208 
applicable with respect to determination (and appeals from 
determinations) of cohort default rates for fiscal year 1989 and any 
succeeding fiscal year, amendments by section 2(c)(56)-(58), (61) of 
Pub. L. 103-208 effective, except as otherwise provided, as if included 
in the Higher Education Amendments of 1992, Pub. L. 102-325, amendment 
by section 2(c)(59) of Pub. L. 103-208 effective on and after 30 days 
after Dec. 20, 1993, amendment by section 2(c)(60)(A) of Pub. L. 103-208 
effective on and after Oct. 1, 1994, and amendment by section 2(c)(62) 
effective on and after Dec. 20, 1993, see section 5(a), (b)(2), (3), 
(7), (8) of Pub. L. 103-208, set out as a note under section 1051 of 
this title.
    Amendment by section 4046(b)(1) of Pub. L. 103-66 effective July 1, 
1994, see section 4046(c) of Pub. L. 103-66, set out as a note under 
section 1078-3 of this title.


                    Effective Date of 1991 Amendment

    Section 2(d)(1) of Pub. L. 102-26 provided that: ``The amendments 
made by this section [amending this section and sections 1078-1, 1088, 
1091, 1094, and 1141 of this title] shall apply to any grant, loan, or 
work assistance to cover the cost of instruction for periods of 
enrollment beginning on or after July 1, 1991.''


                    Effective Date of 1990 Amendment

    Section 3004(d) of Pub. L. 101-508 provided that: ``The amendments 
made by this section [amending this section, section 1078 of this title, 
and provisions set out as a note under section 1078-1 of this title] 
shall be effective July 1, 1991, except that the amendment made by 
subsection (b) [amending section 1078 of this title] shall be effective 
upon enactment.''


                    Effective Date of 1987 Amendment

    Amendment by Pub. L. 100-50 effective as if enacted as part of the 
Higher Education Amendments of 1986, Pub. L. 99-498, see section 27 of 
Pub. L. 100-50, set out as a note under section 1001 of this title.


                             Effective Date

    Section effective Oct. 17, 1986, with subsec. (d)(5) of this section 
effective 30 days after Oct. 17, 1986, see section 402(b) of Pub. L. 99-
498, set out as a note under section 1071 of this title.


              Definition of Institution of Higher Education

    Section 427(b)(2) of Pub. L. 102-325 provided that: ``With respect 
to reference in any other provision of law to the definition of 
institution of higher education contained in section 435(b) of the Act 
[former 20 U.S.C. 1085(b)], such provision shall be deemed to refer to 
section 481(a) of the Act [former 20 U.S.C. 1088(a)].''

                  Section Referred to in Other Sections

    This section is referred to in sections 1071, 1074, 1075, 1077, 
1078, 1078-3, 1078-7, 1080, 1082, 1087-2, 1087c, 1087e, 1087dd, 2341a, 
2373 of this title; title 2 section 1602; title 11 section 362; title 25 
section 3324.
