12 2 STA T .3 11 4PUBLIC LA W 11 0– 31 5— AU G .14 , 200 8‘ ‘ (c)WAIVER.—TheS ec r e ta r ys ha l l w a iv ethere qu ire m e n ts of su b section (a) , if the Secretary d etermines that such a waiver would be equitable due to e x ce p tional or uncontrollable cir - cumstances, such as a natural disaster or a precipitous and unforseen decline in the financial resources of a State or State educational a g ency, as appropriate. ‘‘(d) V I OL A T IO N O FM AINTENAN C EOF E FFORT.— N otwithstanding any other provision of law, the Secretary shall withhold from any State that violates subsection (a) and does not receive a waiver pursuant to subsection (c) any amount that would otherwise be available to the State under section 781 until such State has made significant efforts to correct such violation. ’ ’. SEC.1 1 7 . P E RFO R MAN CE -B ASE D OR G AN IZ A T ION FOR T H EDE L I V ER Y OF FEDERAL ST U DENT FINANCIAL ASSISTANCE. Section 1 4 1( 20U .S. C . 1018) is amended— (1) in subsection (a)— ( A ) in paragraph (1), by stri k ing ‘‘operational’’ and inserting ‘‘administrative and oversight’’
and ( B ) in paragraph (2)( D ), by striking ‘‘of the operational functions’’ and inserting ‘‘and administration’’; (2) in subsection (b)— (A) in paragraph (1)— (i) in subparagraph (A), by striking ‘‘the informa- tion systems administered by the P B O , and other func- tions performed by the PBO’’ and inserting ‘‘the F ederal student financial assistance programs authori z ed under title I V’’; and (ii) by striking subparagraph (C) and inserting the following
‘‘(C) assist the Chief Operating Officer in identifying goals for— ‘‘(i) the administration of the systems used to administer the Federal student financial assistance programs authorized under title IV; and ‘‘(ii) the updating of such systems to current tech- nology.’’; (B) in paragraph (2)— (i) in the matter preceding subparagraph (A)— (I) by striking ‘‘administration of the informa- tion and financial systems that support’’ and inserting ‘‘the administration of Federal’’; and (II) by striking ‘‘this title’’ and inserting ‘‘title IV’’; (ii) in subparagraph (A)— (I) in the matter preceding clause (i), by striking ‘‘of the delivery system for Federal student assistance’’ and inserting ‘‘for the Federal student financial assistance programs authorized under title IV’’; (II) by striking clauses (i) and (ii) and inserting the following: ‘‘(i) the collection, processing, and transmission of data to students, institutions, lenders, State agencies, and other authorized parties;
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