Page:United States Statutes at Large Volume 104 Part 2.djvu/436

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104 STAT. 1388-28 PUBLIC LAW 101-508—NOV. 5, 1990 "(d) ABILITY TO BENEFIT.—In order for a student who is admitted on the basis of ability to benefit from the education or training offered to be eligible for any grant, loan, or work assistance under this title, the student shall, prior to enrollment, pass an independently administered examination approved by the Secretary.". (b) CONFORMING AMENDMENT.— Section 4810t)) of the Higher Education Act of 1965 (20 U.S.C. 1088(b)) is amended in the fourth sentence by inserting ", except in accordance with section 484(d) of this Act," after "shall not". 20 USC 1088 (c) EFFECTIVE DATE.—The amendments made by this section shall ^°*®- apply to any grant, loan, or work assistance to cover the cost of instruction for periods of enrollment beginning on or after January 1, 1991. SEC. 3006. MAXIMUM SLS LOAN AMOUNTS. (a) EFFECTIVE DATE EXTENSION.— Section 2003(b)(2) of the Omnibus 20 USC 1078-1 Budget Reconciliation Act of 1989 is amended by striking "1991" °ote. and inserting "1996". (b) PERIOD FOR DETERMINATION OF MAXIMUM LOAN AMOUNTS.— Section 428A(b)(l) of the Higher Education Act of 1965 (20 U.S.C. 1078-l(b)) is amended by striking "9 consecutive" and inserting "7 consecutive". SEC. 3007. AMENDMENTS TO BANKRUPTCY LAWS. (a) AUTOMATIC STAY AND PROPERTY OF THE ESTATE.— (1) Section 362(b) of title 11, United States Code, is amended— (A) in paragraph (12), by striking "or" at the end thereof; (B) in paragraph (13), by striking the period at the end thereof and inserting a semicolon; and (C) by inserting immediately following paragraph (13) the following new paragraphs: "(14) under subsection (a) of this section, of any action by an accrediting agency regarding the accreditation status of the debtor as an educational institution; "(15) under subsection (a) of this section, of any action by a State licensing body regarding the licensure of the debtor as an educational institution; or "(16) under subsection (a) of this section, of any action by a guaranty agency, as defined in section 435(j) of the Higher Education Act of 1965 (20 U.S.C. 1001 et seq.) or the Secretary of Education regarding the eligibility of the debtor to participate in programs authorized under such Act.". (2) Section 541(b) of title 11, United States Code, is amended— (A) in paragraph (1), by striking "or" at the end thereof; (B) in paragraph (2), by striking the period at the end thereof and inserting a semicolon and "or"; and (C) by adding at the end thereof the following new paragraph: "(3) any eligibility of the debtor to participate in programs authorized under the Higher Education Act of 1965 (20 U.S.C. 1001 et seq.; 42 U.S.C. 2751 et seq.), or any accreditation status or State licensure of the debtor as an educational institution.". 11 USC 362 note. (3) The amendments made by this subsection shall be effective upon date of enactment of this Act. (b) TREATMENT OF CERTAIN EDUCATION LOANS IN BANKRUPTCY J PROCEEDINGS. —(1) Section 1328(a)(2) of title 11, United States Code, is amended by striking "section 523(a)(5)" and inserting "paragraph (5) or (8) of section 523(a)".