PUBLIC LAW 102-26—APR. 9, 1991 105 STAT. 123 Public Law 102-26 102d Congress An Act Apr. 9, 1991 [H.R. 1285] Higher Education Technical Amendments of 1991. Colleges and universities. 20 USC 1001 note. To resolve legal and technical issues relating to Federal postsecondary student assistance prc^rams and to prevent undue burdens on participants in Operation Desert Storm, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE; REFERENCES. (a) SHORT TITLE.—T h is Act may be cited as the "Higher Education Technical Amendments of 1991". (b) REFERENCES.— References in this Act to "the Act"- are ref- erences to the Higher Education Act of 1965. SEC. 2. ABILITY TO BENEFIT. (a) DEFINITION OF ELIGIBLE INSTITUTION.— (1) STAFFORD LOANS.— Section 435(c)(1) of the Act (20 U.S.C. 1085(c)(1)) is amended by striking out "and who have the ability to benefit (as determined by the institution under section 481(d)) from the training offered by such institution" and inserting in lieu thereof "or who are beyond the age of compulsory school attendance in the State in which the institution is located". (2) DEFINITION OF PROPRIETARY INSTITUTION OF HIGHER EDU- CATION.— Section 481(b) of the Act (20 U.S.C. 1088 (b)) is amended— (A) by striking out "and who have the ability to benefit (as determined by the institution under section 484(d)) from the training offered by the institution"; and (B) by striking out the last sentence thereof. (3) DEFINITION OF POSTSECONDARY VOCATIONAL INSTITUTION.— Section 481(c) of the Act (20 U.S.C. 1088(c)) is amended by striking out "and who have the ability to benefit (as determined by the institution under section 484(d)) from the training offered by the institution". (4) DEFINITION FOR INSTITUTIONAL AID PROGRAMS. —Section 1201(a) of the Act (20 U.S.C. 1141(a)) is amended by striking "and who meets the requirements of section 484(d) of this Act' in the third sentence. Qo) DEFINITION OF ELIGIBLE STUDENT.— Section 484(d) of the Act (20 U.S.C. 1091(d)) is amended to read as follows: " (d) TESTING OF STUDENTS WHO ARE NOT HIGH SCHOOL GRAD- UATES.—In order for a student who does not have a certificate of graduation from a school providing secondary education, or the recognized equivalent of such certificate, to be eligible for any assistance under subparts 1, 2, and 3 of part A and parts B, C, D and E of this title, the student shall pass an independently administered examination approved by the Secretary.". (c) CONFORMING AMENDMENTS. — (1) SUPPLEMENTAL LOANS. — Section 428A(a)(l) of the Act is 20 USC 1078-1. amended by striking the last sentence thereof and inserting "No
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