; (2) by amending subsection (b) to read as follows: (b) Return of title IV program funds (1) Responsibility of the institution The institution shall return not later than 60 days from the determination of withdrawal, in accordance with paragraph (3), the amount of grant and loan assistance awarded under this title that has not been earned by the student, as calculated under subsection (a)(3)(C). (2) Responsibility of the student (A) In general The student is not responsible to return assistance that has not been earned, except that the institution may require the student to pay to the institution up to 10 percent of the amount owed by the institution in paragraph (1). (B) Rule of construction Nothing in this section shall be construed to prevent an institution from enforcing the published institutional refund policies of such institution. (3) Order of return of title IV funds (A) In general Excess funds returned by the institution in accordance with paragraph (1) shall be credited to awards under subpart 1 of part A for the payment period or period of enrollment for which a return of funds is required. (B) Remaining excesses If excess funds remain after repaying all outstanding grant amounts, the remaining excess shall be credited in the following order: (i) To outstanding balances on loans made under this title to the student or on behalf of the student for the payment period or period of enrollment for which a return of funds is required. (ii) To other assistance awarded under this title for which a return of funds is required. ; (3) by amending subsection (c) to read as follows: (c) Withdrawal date (1) In general In this section, the term day the student withdrew — (A) for institutions not required to take attendance, is the date as determined by the institution that— (i) the student began the withdrawal process prescribed and publicized by the institution, or a later date if the student continued attendance despite beginning the withdrawal process, but did not then complete the payment period